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Home My WebLink AboutBradley Lake Owner Furnished Permits 1988... ... , ... . . · : .. Alaska Power Authority OWNER FURNISHED · PERMITS UPDATE . ' BRADLEY· LAKE HYDROELECTRIC :PROJECT Kenai Peninsula, Ala-aka Prepared By STO~.E & WEBSTER ENGINEERING CORPORAT,ON ANCHORAGE,ALASK~·. '· • Pa9e No. 08114188 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY I, 1988 APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS REC # =====:;:;;;; ========== ================ ==::::============ ======== =================================== ===== r COE I I 05/05186 DACW85-3-86-73 ACCESS ROAD AND p 05104191 AUTHORIZING CONSTRUCTION OF A ACTIVE CONSTRUCTION GRAVEL ROAD AND DISPOSAL OF LANDFILL CONSTRUCTION DEBRIS COE I I 07/15/87 DACW85-3-86-73 LAND USE p 05104/91 AUTHORIZING A LAND USE LICENSE FOR 2 ACTIVE 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 03/20186 DACW85-3-86-55 MATERIAL p 03/19/91 REMOVE CONSTRUCTION MATERIALS 3 ACTIVE EXTRACTION <GRAVEL AND RIPRAPl COE I I 01/30187 071-0YD-2-850502 DREDGE AND FILL p 04/11189 MODIFICATION FOR MARTIN RIVER DIKE 4 ACTli/E BRADLEY LAKE I. EXTENSION AND TEMPORARY MARTIN MODIFICATION RIVER LANDING SITE IMPROVEMENTS N-850502 COE I I 04/11/86 071-0YD-2-850502 DREDGE AND FILL p 04/11/89 SECTION IO -PERFORM WORK H~ OR 5 ACTIVE BRADLEY LAKE 1 AFFECTING u.S. NAVIGABLE WATERS. SECTION 404 -DISCHARGE DREDGED OR FILL MATERIAL INTO u.s. WATERS COE I I 04106/88 APPLICATION DREDGE AND FILL p 04111189 MODIFICATION FOR MARSHALLING YARD 6 ACTIVE 01/28188 ROAD 071-0YD-2-850502 BRADLEY LAKE 1 . MODIFICATION COE I I 05122187 071-0YD-2-850502 DREDGE AND FILL p 04/11/89 MODIFICATION FOR POWERHOUSE 7 ACTIVE BRADLEY LAKE 1. TAILRACE AND POWER TUNNEL SETTLING MODIFICATION PONDS 0-850502 COE I I 09109186 071-0YD-2-850502 DREDGE AND FILL p 04/11189 MODIFICATION TO RELOCATE AIRSTRIP. e ACTIVE BRADLEY LAKE !. CONSTRUCT TRUCK TURNAROUND AN[l MOD IF 1 CATION MARSHALLING YARD. AND FILL 3 SMALL M-850502 WETLANDS ALONG ACCESS ROAD COE I I 09101/87 071-0YD-2-850502 DREDGE AND FILL p 04111/89 MODIFICATION FOR ll DAMSITE UPPER 9 ACTIVE BRADLEY LAKE !. CAMP, ACCESS ROAD. EQUIPMENT TRAIL. MODIFICATION AND DAMS. 2l FERC UPPER CAMP WATER P-850502 INTAKE AND PUMPHOUSE. AND 3J PERMANENT FACILITIES WET WELL AT POWERHOUSE CREEK Page No. 08/14/88 AF'PLI AGENCY DATE PERMl T DATE PERMIT NUMBER BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY 1, 1988 EXPIR. PERMI TYPE A/P DATE COMMENTS =~==~=== ========== ===~============ =============== ======== =================================== DEC I DEC I DEC DEC DEC I DEC I I DEC I I DEC 08/12/87 NPACO NO. COASTAL 071-0Y0-2-850502 CONSISTENCY BRADLEY LAKE 1 MODIFICATION 11/18/86 8623-08005 AMENDMENT 03103186 8523-BA006 10112187 8723-DB006 04/06187 8723-0BOO!. 8721-DA-116 WASTEWATER DISCHARGE WASTE DISPOSAL WASTEWATER DISCHARGE WASTEWATER DISCHARGE 05/01/87 CERT. TO CONSTR. POTABLE WATER 03/31/87 8523-8A006 AMENDMENT 05115187 8723-~SOOI. 8 721 -DA ~ 132 06/26/87 8723-08001 08!15186 8623-08005 WASTE DISPOSAL ,IA3TEWATER DISCHARGE WASTEWATER DISCHARGE IJASTEWA TE R DISCHARGE P 04/11189 CERTIFICATE OF REASONABLE ASSURANCE MODIFICATION TO INCLUDE OPTIONAL DAMSITE UPPER CAMP NEAR MAIN DAM. OPTIONAL WATER INTAKE AT LAKE 1205.5 NEAR FERC CAMPSITE. AND POWERHOUSE CREEK WET WELL FOR PERMANENT FACILITIES P 01/09/91 FINAL APPROVAL FOR SEWER SYSTEM AT LOWER CONSTRUCTION CAMP P 01/25/91 ~ASTE DISPOSAL PERMIT FOR OPE~ATION MJO MAINTENANCE OF A SANITARY LANDFILL FOR THE DISPOSAL OF ASH AND INCINERATOR RESIDUE AT THE LOWER CONSTRUCTION CAMP P 01101192 WASTEWATER DISCHARGE FROM POWERHOUSE 3RD UNIT TO KACHEMAK BAY P 04111189 CERTIFICATE TO CONSTRUCT FOR POWER TUNNEL SETTLING POND WASTEWATER DISCHARGE TO KACHEMAK BAY P 04/11189 CERTIFICATE TO CONSTRUCT FOR PERMANENT FACILITIES TEMPORARY WATER S'iSTEM P 0613U9l AMENDMENT FOR CL.ARIFlCATION OF PERMIT STIPULATION "E" RELATIVE TO SUBMITTAL OF AS-BUILT DRAWINGS FOR CLOSED WASTE DISPOSAL AREAS P C4/ll CERTIFICATE TO CONSTR~CT FOR MARTIN RIVER BORROW PIT WASTEWATER DISCHARGE TO MARTIN RIVER P 01101'91 WASTEWATER O~SCHARGE PERMIT FROM MARTIN RIVER BORROW PITS AND LOWER CONCRETE BATCH PLANT INTO MARTIN RIVER AND FROM THE POWER TUNNEL SETTLING PONDS INTO KACHFMAK GAY F' (> 1 I"IAS TELl ATE R DISCHARGE PERrl J T FOR SEWAGE LAGOON AT LOWER CONST. CAMP TO BATTLE CR .. UPPER CONCRETE BATCH I'L ANT T(l UNNAf·1E[J ~il REAM FLOWING INTO BRADLEY LK .. + LOWER CONCRETE BTCH PLANT TO KATCHE~AK • , + ''LA'JM'PRCll'ill c:F l,iA(,[ ~-~~·:J(!!Jf~. 'I SE ~=-... I ( REC II STATUS 10 ACTIVE II ACTIVE 12 ACTIVE 13 ACTIVE 14 ACTIVE 15 ACTIVE 16 ACTIVE i 7 ACTIVE 18 ACTIVE 19 ACTl\,'E No. 3 14/88 APPLIC. BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMf"lARY EFFECTIVE DATE JULY 1, 1988 EXPIR. AGENCY DATE PERf1IT DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS DEC DEC DEC DEC DEC DEC DEC DEC OFG I I 08109188 OPEN BURNING PERMIT #8623-AB006 AMENDMENT I EXTENSION 8623-AB006 I I 06/26/87 8723-D8001 SUPPLEMENT WASTEWATER DISCHARGE I 01113187 CERT. TO OPERATE POTABLE WATER ID NO. 243975 I / 12/31186 NPACO NO. COASTAL 071-0Y0-2-850502 CONSISTENCY BRADLEY LAI~E 1 MODIFICATION I 04129/86 8623-0B005 CERT. WASTEWATER TO CONSTR. DISCHARGE AND POTABLE WATER I I 03/06/86 NPACO NO. COASTAL 07!-0Y0-2-850502 CONSISTENCY BRADLEY LAKE 1 I 07102186 8623-8A005 WASTE DISPOSAL 08/29186 NPACO NO. COASTAL 071-0V0-2-850502 CONSISTENCY BRADLEY LAKE 1 MODIFICATION I I 05101187 8623-A8006 OPEN BURNING ======== =================================== P 07101/89 AMENDMENT TO EXTEND PERMIT TO OPEN BURN FOR 1 YEAR BEYOND 07101188 P 01101191 MARCH 31, 1987 LETTER TO DEC LISTING CHEMICALS FOR USE IN TREATING CONCRETE BATCHING WATER AT MARTIN RIVER BORROW PITS, AND POWER TUNNEL SETTLING POND DRAINAGE P 04/11/89 CERTIFICATE TO OPERATE LOWER CONSTRUCTION CAMP WATER SYSTEM CLASS A WELL o 04111/89 MODIFICATION FOR MARTIN RIVER DIKE EXTENSION AND MARTIN RIVER TEMPORARY LANDING SITE IMPROVEMENTS P 04/11/89 PLAN APPROVAL AND CERTIFICATE TO CONSTRUCT FOR LOWER CONSTRUCTION CAMP CLASS A WELL AND WASTEWATER SYSTEMS, AND PERMANENT FACILITIES CLASS A WELL P 04111189 CERTIFICATE OF REASONABLE ASSURANCE P 06130/91 WASTE DISPOSAL PERMIT FOR CONSTRUCTION OF WASTE LANDFILLS P 04/11'8° CERTIFICATE OF REASONABLE ASSURANCE MODIFICATION TO RELOCATE AIRSTRIP. CONSTRUCT TRUCK TURNAROUND AND MARSHALLI~G YARD. AND FILL 3 SMALL WETLANDS ALONG ACCESS ROAD P 0710:188 OPEN BURNING WRITTEN APPROVAL FOR PROJECT AREA I 01/06/87 FG 86-II-0110A ANADRAMOUS FISH P 12131190 AMENDMENT FOR MARTIN RIVER DIKE AMENDMENT II STREAM EXTENSION AND 'EMPORARY LANDING SITE IMPROVEMENTS REC # STATUS 20 ACTIVE 21 ACTIVE 22 ACTIVE 23 ACTIVE 24 1'\CT IVE 25 ACTIVE 26 ACTIVE 27 ACTIVE 28 EXPIRE(! 29 ACTIVE ~ No. 4 4188 APPLI C. AGENCY DATE PERMIT DATE PERMIT NUMBER OFG DFG DFG DFG OFG DFG 9FG DFG OFG [tFG I I 12103186 FG 86-II-0106 AMENDMENT II I I 03111186 FG 86-II-0114 / 08122/86 FG 85-li-0824. FG /:.6-Il-0106. FG 86-Il-0110. FG 86-ll-0112. FG 86-ll,0115 AMENDMENT I I 03111186 FG 86-II-0115 I 08122/86 FG 86-Il-0110 AMENDME.'H 1 I I 03102187 FG 86-11-04 16 AMENDMENT II I I 03111186 FG 36-II-0109 03111/86 FG 86-Il-0108 05/20/88 FG 86-II-0113 AMENDMENT FG ll-04!6 Af1ENDI"'ENT 1 BRADLEY Li~E HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JUL\' 1. 1988 EXPIR. PERMIT TYPE A/P DATE COMMENTS ANADRAMOUS FISH P 12/31190 AMENDMENT ALLOWING TEMPORARY STREAM STOPPAGE OF BRADLEY RIVER FLOWS IMMEDIATELY DOWNSTREAM FROM BRADLEY LAKE FOR FOUR 4-DAY PERIODS TO ALLOW FOR CONSTRUCTION OF CHANNEL IMPROVEMENTS CRITICAL HABITAT AREA P 12131190 AIRSTRIP TO POWERHOUSE ACCESS ROAD ANADRAMOUS FIS~ P 12131/90 AMENDMENT FOR BARGE LANDING - STREAM. f1ARTIN RIVER DELTA CRITICAL HABITAT AREA CRITICAL HABIT AT AREA P 12/3!/90 POWERHOUSE TO LOWER CAMP ACCESS ROAD ANADRAMOUS FISH P 12/31/90 AMENDMENT FOR BANK PROTECTION. STREAM MARTIN RIVER MATERIAL SITE DIKE ANAORAMOUS FISH P STREAM, 12/31/90 AMENDMENT FOR TRANSMISSION LINE CONSTRUCTION AUTHORIZES OPEN WATER EQUIPMENT CROSSINGS OF SHEEP CREEK. FOX CREEK, AND FOX RIVER FOR GEOTECHNICAL EXPLORATION. RIGHT-OF-WAY CLEARING. AND CONSTRUCTION CRITICAL HABITAT AREA ANADRAMOUS FISH P 12131/90 LOWER CAMP INCLUDING EFFLUENT STREAM DISCHARGE. BATTLE CREEK cSTREAM NO. 241~14~106101 CRITICAL_ HABITAT AREA ANAORAMOUS FISH STREAM. CRITICAL HABIT AT AREA P 12131190 BARGE DOCK AND STAGING AREA P 07115/88 AMENDMENT TO PLACE ADDITINAL RIP-RAP ALONG LEFT BAN!~ OF BATTLE CREEK AND REMOVAL OF NEARBY SANDBAR TO DIVERT STREAf1 FLOW AWAY FROM ERODING STREAf18ANK ANADRAMOUS ~-~ SH P STREM1, 1213!/90 AMENDMENT FOR TRANSMISSION LINE CONSTRUCTION ~FOX RIVER FLATS CRITICAL HABITAT AREA. BRADLEY RIVER. FOX RIVER. SHEEP CREEK. ANO FOX ~REEK !STATE IO NO. AK86070l~01AI B.L. PERMITS 13 . CRITICAL HABITAT AI::EA ._:;:FH:A:-i ~~G ·AI~ fHORJ tKJ!Jt,IFLl REC # STATUS 30 ACTIVE 31 ACTIVE 32 ACTIVE 33 ACTIVE 34 ACTIVE 35 ACTIVE 36 ACTIVE 37 ACT 38 EXPIRED 39 A( T 1 F' a No. c -' 14/88 BRADLEY LAKE HYOROEI_ECTRl C PROJECT PERMIT SUMf1ARY EFFECTIVE DATE JULY !. 1988 APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERf1IT NUMBER PERMIT TYPE AlP DATE COMMENTS REC li STATUS ======== ================ =============== ======;:;:::::: ===========~====~================== OFG I 04/01/88 FG 88-II-0077 CRITICAL p 12/31/88 PERIH T TO CONSTRUCT MARSHALLING 40 ACTIVE HABITAT AREA YARD ROAD OFG I 03/11/86 FG 86-I I -0110 ANADRAf10US FISH p 12131/90 MARTIN RIVER MATERIAL SITE, MARTIN 41 ACTIVE STREAM RIVER <STREAM NO. 241-14-10600) DFG / 03/11/06 FG 86-II-0106 ANAORAMOUS FISH p 12/31190 BRADLEY RIVER DAM, BRADLEY RIVER 42 ACTIVE STREAM (STREAM NO. 241-14-10625-2010) OFG I I 05/26/87 FG 86-II-0416 ANADRAMGUS FISH p 12/31/90 AMENDMENT FOR TRANSMISSION LINE 43 ACTIVE AMENDMENT III 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-0-IJ OFG I 03/11/86 FG 86-ll-0113 ANADRAMOUS FISH p 12/3Ji90 MARTIN RIVER MATERlAL SITE ACCESS 44 ACTIVE STREAM. ROAD. BATTLE CREEK <STREAM NO. CR IT 1 CAr_ :?41-14-106:0) HABITAT AREA DFG I I C•3111 /86 FG 86-II-0112 CRITICAL p 12/31/90 SPOIL DISPOSAL I WATERFOWL NESTING 45 ACTIVE HABITAT AREA AREA IN THE KACHEMAK BAY CRITICAL HABITAT AREA OFG 09/19/84 FG 85-11-0094 CRITICAL p 11115184 TEST DR I LUNG OFF SHEEP POINT FOR 46 EXPIRED HABITAT AREA BARGE DOCK OFG I I 03111/86 FG 85-II-0824 CRITICAL p 12/31190 AIRSTRIP CONSTRUCTION AND OPERATION 47 ACT HIE HABITAT AREA ~F;:J 03/1 1)/86 FG 86-Il-:)116 CRITICAL F' 03/3 /86 EOUIPMENT ACCESS TO POWERHOUSE AREA 48 EXPIRED HABITAT AREA FOR SITE CLEANUP OF CUT T JME:Ef~ DFG 1106/:',7 FG 8t,-II -0525 ANAORAl1QIIS FISH p AMENDMENT TO EXTEND PERMIT TO CROSS 49 EXPIRED AMENDMENT I STREM1 BATTLE CREEK \STREAM NO. 24! 14-1061(1) UNTl L BA TTL.E CREEh BRIDGE IS REPLACED DFG 17/86 FG 86-ll -0525 ANADRAMOU~· FISH p 0212/l/87 APPRO~'AL TO CROSS BATTLE CREi:K SCl EXPIRED STREAM < STh?EAr1 NO. 24i 14-106!0) UNTIL BATTLE Cli'EEK OR I DGE IS REPLACED DFG 08/28/f,S FG 85-II -()48 3A CR IT lCAL p I 0/31 lC.:'• AMENonnn TO STIPULATION I TO 51 EXPIRED Ar1ENC:t1ENT I HABITAT AREA EXTF'ND DRILLING ALLOWED WJ"HHJ THE KACHE'1Ai\ BAY CRFICAL 1-iABIT.AT AREA fHROIJGH :;EPTH1BER : (l. 1 F'--:>ge i'J:J • t_, :k/14/8,>\ APPLI C. AGENCY DATE OFG I DFG I OFG [If(, DGC I OGC I I OGC [JGC OGC I PERMJT DATE 09116/.)r) 05/23185 03/11/8( 0'~115/86 PERMIT NUMBER FG 85-II-0752 FG 85-II-0824. FG 86-II-0114. FG 86-II-0115 AMENDMENT FG 85-II-0483 FG 86-Il-0107 FG ilo-!l-041 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY I. 1988 EXPIR. PERMIT TYPE AlP DATE COMMENTS ======== =================================== ANADRAMOUS FISH P 12/31185 ALLOWS CROSSING OF FOX CREEK STREAM CRITICAL P 12/31/90 AMENDMENT TO RELOCATE AIRSTRIP. HABITAT AREA CONSTRUCT TRUCK TURNAROUND AND MARSHALLING YARD CRITICAL HABITAT AREA CRITICAL HABITAT AREA P 08/31/85 TEST DRILLING ALONG AIRSTRIP ALIGNMENT, BARGE ACCESS CHANNEL. AND TRANSMISSION LINE ALIGNMENT P 12/31/90 POWERHOUSE AND SWITCHYARD CONSTRUCTION AND OPERATION WITHIN KACHEMAK BAY CRITICAL HABITAT AREA AllAORAMOUS FISH P STREAM. 12/31/90 TRANSMISSION LINE CONSTRUCTION-FOX RIVER FLATS CRITICAL HABITAT AREA. BRADLEY RIVER. FOX RIVER. SHEEP CREEK. AND FOX CREEK <STATE ID NO. AK860701-01Al STREAM CROSSING CRITICAL HABITAT AREA B.L. PERMITS NO. COASTAL P 04/11/89 WIDEN TRANSMISSION LINE RIGHT-OF-WAY TO 400 FEET FROM POWERHOUSE TO TOWERS 980. 9BS 3. AK860701-0!A CONSISTENCY REVISION 08!!4t8c B.L. PERMITS NO. COASTAL F' 04/11189 'JASTEWATER DISCHARGE AT BATCH PLANTS AND SEWAGE LAGOON. AND ACCESS AND STREAM CROSSINGS FOR TRANSMISSION LINE 08/27' /86 08/10/87 3. AK86070!-01A CONSISTENCY B.L. PERMITS NO. COASTAL l AK851213-14A CONSISTENfV MODV''Ct:TION 8.L. PEPMlTS NO. COASTAL ' AK851213-14A CONSISTENCY AND Clf~861208-03A MOCIFICATION 4 B. PERMITS NQ. COASTAL 1 AK861208-03A CONSISTENCY MODIFICATION 2 P 04/11/89 MODI~ICATION TO RELOCATE AIRSTRIP. CONSTRUCT TRUCK TURNAROUND AND MARSHALLING YARD. AND ~ILL SMALL TLANDS ALONG ACCESS 04/ll/89 MODIFICATION FOR 11 CONTRACTOR OPTION TO INSTALL DAMSITE CAMP OR LAYDOWN/STORAGE AREA. 2l FERC UPPER CAMP WATER INTAKE ANO PUMPHOUSE. AND 3) PERMANENT FACILITJ WET WELL AT POWERrlCUSF CREEK P 04/J i.'89 MODIFICATION FOR r;ARTIN ~'ER 1\E EXTENSION AND MARTIN RIVEq TEMPORARY LANCING SITE lMF~OVEMENTS REC II STATUS =====::::==== 52 EXPIRED 53 ACT! VE 54 EXPIRED 55 ACTI~'E 56 ACTIVE 57 ACTIVE 58 ACTIVE 59 ACT 1\'E 60 ACTIVE 61 ACTIVE Page No. 7 08114181:', APPLIC. AGENCY DATE PERMIT DATE PERMIT NUMBER BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY 1, 1988 EXPIR. PERMIT TYPE AlP DATE COMMENTS DGC I I 06/27186 S.L. PERMITS NO. COASTAL P 04111189 WATER AT PERMANENT CAMP DNR DNR ONR DNR DNR DNR DNR DNR DNR 2, AK860430-42A CONSISTENCY FACILI AND LANDFILLING OF / 01101/87 TWP 87-11 I / 01/01/87 TWP 87-08 I 01101187 TWP 87-10 I I 02/16188 AOL 222656 AMENDMENT / I 01101/87 TWP 87-09 I I 02/16/88 ADL 222657 AMENDI1ENT I 02/05/88 TWP 88-09 I I 07125/86 TWP 87-01 I 05/15/86 AOL 222655 CONSTRUCTION WASTE AT 13 SITES TEMPORARY WATER P 12131/89 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER -UPPER BATCH PLANT CREEK CMAX. 66,000 GPDl TEMPORARY WATER P 12/31189 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER -POWERHOUSE CREEK (MAX. 42,000 GPO FOR HEAVY CONSTRUCTION. MAX. 3.000 GPO FOR DOMESTIC USt, MAX. 45,000 GPO TOTAL) TEMPORARY WATER P 12/31/89 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER - 3 UNNAMED LAKES (MAX. 66.000 GPO FOR INDUSTRIAL USE, MAX. 25.000 GPO FOR DOMESTIC USE. MAX. 91.000 GPO TOTAL) LAND USE LEASE P 03/01/89 AMENDMENT AND REISSUE OF LETTER OF ENTRY NON-COMPETITIVE LAND USE LEASE APPLICATION TEMPORARY WATER P 12/31/89 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER POWER TUNNEL DRAINAGE (5.000 GPMl TIDELAND LEASE P 03/01189 AMENDMENT AND REISSUE OF LETTER OF ENTRY NON-COMPETITIVE TIDELAND LEASE APPLICATION TEMPORARY WATER P 01/31/90 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER -BRADLEY RIVER OR BRADLEY LAKE CMAX. 225.000 GPO> TEMPORARY WATER P 07124188 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER -BRADLEY RIVER OR BRADLEY LAKE <MAX. 5,000 GPDl <SUPERCEDED BY TWP 88-09), POWERHOUSE SITE CSUPERCEDED BY TWP 87-08), UNNAMED LAKE <1.000 GPO. MAX. 5.000 GPO), MARTIN RIVER BORROW PITS <MAX. 225.000 GPDl MATERIAl EXTRACTION P 03115/90 NEGOTIATED MATERIAL SALE CONTRACT - MARTIN RIVER BORROW AREA REC # STATUS :;;;========= 62 ACTIVE 63 ACTIVE 64 ACTIVE 65 ACTIVE 66 ACTIVE 67 ACTIVE 68 ACTIVE 69 ACTIVE 70 ACTIVE 71 ACTIVE Page No. 8 08114188 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULV 1 • 1988 APPUC. PERM IT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ======== =====::::==== :::::::::::::::::;:;::::::::=======::;::::::::: =========::::::::::::::::::;::::::::::; ======== =================================== :::::::::;::::::;:::::::;;;;;:::::::::;;;:; DNR I I 02127187 SCR 87-057 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 72 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSHlE OF RIGHT-OF-WAY DNR I 12101186 LAS 02837 PERMANENT WATER p 04112190 PERMIT TO APPROPRIATE WATER 73 ACTIVE RIGHTS WATERFOWL NESTING AREA NATURAL DRAINAGE <23.2 ACRE-FEET PER YEARJ DNR I I 06101188 SCR 88-048 TEMPORARY LAND p 06101189 EXTENTION OF SCR 87-055, TEMPORARY 74 ACTIVE USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 03108/88 LAS 02838 PERMANENT WATER p 04112190 AMENDMENT EXTENDING PERMIT TO 75 ACTIVE A."1ENDMENT RIGHTS 04112190 <SEE ALSO LAS !0581 FOR INCREASEJ DNR I I 06101188 SCR 88-049 TEMPORARY LAND p 06101189 EXTENTION OF SCR 87-069, TEMPORARY 76 ACTIVE USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR / I 08115186 LAS 02838 PERMANENT WATER p 041!3190 PERMIT TO APPROPRIATE WATER 77 ACTIVE RIGHTS DRILLED WELL AT LOWER CONSTRUCTION CAMP <35.000 GPOl (SEE ALSO LAS 10581 FOR INCREASEJ, DNR I I 06/01/88 SCR 88-047 TEMPORARY LAND p 06101189 EXTENTION OF SCR 87-056, TEMPORARY 78 ACTIVE USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR / / 10114/136 ADL 222655 MATERIAL p 05104190 AMENDED PROVISION II OF NEGOTIATED 79 ACTIVE AMENDMENT EXTRACTION ."1ATERIAL SALE CONTRACT -~ETHOD OF VOLUME DETERMINATION DNR I I 06101188 SCR /'.8-041 TEMPORARY LAND p 06101/89 EXTENTION OF SCR 87-053, TEMPORARY 80 ACTIVE USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I 09/25186 ADL 222655 MATERIAL p 05104190 AMENDMENT FOR EXTENSION OF 81 ACTIVE AMENDMENT EXTRACTION NEGOTIATED MATERIAL SALE CONTRACT DNR / I 0610 118.') SCR /'.c:-044 TEMPORARY LAND p 06101/89 EXTENTION ~F SCR 87-050, TEMPORAR'! 82 ACTIVE USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF FliGHT-OF-WAY Pa9e No. 9 081,14188 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY I' 1988 APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC II STATUS ======== ========== ===============::= =============== ======== =================================== ========== DNR I I 02127187 SCR 87-053 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 83 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 02127187 SCR 87-049 TEMF'ORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 84 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 85 EXPIRED USE OF CARIBOU LAKE TRAIL DURING TRANSMISSION LINE CLEARING AND CONSTRUCTION 6-30-87 THROUGH 6-30-88 DNR I I 06111187 TWP 87-23 TEMPORARY WATER p 09101189 TEMPORARY PERMIT TO APPROPRIATE 86 ACTIVE RIGHTS WATER -LAKE EL. 1205.5 NEAR DAMSITE CONSTRUCTION CAMP <MAX. 10.000 GPDJ 9-1-87 THROUGH 9-1-89 DNR I I 02127187 SCR 87-056 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR 87 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I II 105186 ADL 223192 WAIVER OF LAND p 04/11189 AMENDMENT LETTER OF OPINION 88 ACTIVE AMENDMENT USE PERMITTING USE OF FOX RIVER TRAIL FOR TRANSMISSION LINE ACCESS DNR I I 02/27187 SCR 87-055 TEMPORARY LAND p 06130/88 TEMPORARY LAND USE PERMIT FOR 89 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 07112/1'.8 ADL 222657 TIDELANDS LEASE F' 03101189 ALLOWS CONSTRUCTION OF SPUR ACCESS 90 ACTIVE AMENDMENT ROAD UNDER ORIGINAL LETTER OF ENTRY. ONR 02127/87 SCR 87-052 TEMPORARY LAND p 06/30//'.8 TEMPORARY LAND USE PERMIT FOR 91 EXPIREC1 USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I 05114187 SCR 87-070 TEMPORARY LAND p 06130188 TEMPORARY LAND USE PERMIT FOR USE 92 EXPIRED USE OF FOX RIVER TRAIL DURING TRANSMISSION LINE CLEARING AND CONSTRUCTION 6-30-1'.7 THROUGH 6-30-88 DNR 03110//'.7 LAS 02/'.3f, PERMANENT WATER p 03/12/f./'. AMENDMENT TO PERMIT TO APPROPRIATE 93 EXPIRED AMENDMENT RIGHTS WATER PROVIDING FOR TWO 80 FOOT DEEP WELLS AT LOWER CONSTRUCTION CAMP 135.000 GPDJ (SEE ALSO LAS I C•S8. 1 >'OR INCREASE>. P39e No. 10 08114/88 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY I, 1988 APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC # STATUS ======== ========== ================ =============== ======== =================================== ========== DNR I I 06101188 SCR 88-045 TEMPORARY LAND p 06101189 EXTENTION OF SCR 87-049, TEMPORARY 94 ACTIVE USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR 01/23187 ADL 223192 WAIVER OF LAND p 05131187 AMENDMENT FOR EXTENSION OF WAIVER 95 EXPIRED AMENDMENT USE OF LAND USE PERMIT FOR TRANSMISSION LINE GEOTECHNICAL EXPLORATION PROGRAM FROM 03131187 THROUGH 05131/87 ON THE UPLAND PLATEAU AND SOUTH OF CARIBOU LAKE DNR I I 06/01188 SCR 88-042 TEMPORARY LAND 06/01/89 EXTENTION OF SCR 87-052, TEMPORARY 96 ACTIVE USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I I 08122186 ADL 222657 TIDELAND LEASE p 05/14187 AMENDMENT FOR FURTHER CLARIFICATION 97 EXPIRED AMENDMENT OF STIPULATION 21: AIRSTRIP DNR I I 04124187 TWP 87-16 TEMPORARY WATER p 08101189 TEMPORARY PERMIT TO APPROPRIATE 98 ACTIVE RIGHTS WATER -LOWER BATCH PLANT CREEK <MAX. 70,000 GPDJ 8-7-87 THROUGH 8-1-89 DNR / I 08111186 ADL 222657 TIDELAND LEASE p 05114187 AMENDMENT FOR CLARIFICATION OF 99 EXPIRED AMENDMENT STIPULATION 21: AIRSTRIP DNR I I 03107188 ADL 222657 TIDELAND LEASE p 03/01/89 AMENDMENT FOR CLARIFICATION OF 100 ACTIVE AMENDMENT STIPULATION 21 ADDING TEMPORARY CONSTRUCTION LANDING SITE TO LETTER OF ENTRY 05109186 ADL 222656 LAND USE LEASE p 05/14/87 LETTER OF ENTRY -NON-COMPETITIVE 101 EXPIRED LETTER OF ENTRY LAND USE LEASE APPLICATION FOR SITE PREPARATION WORf\ DNR I I 02127/87 SCR 87-050 TEMPORARY LAND p 06/30188 TEMPORARY LAND USE PERMIT FOR 102 EXPIRED USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY DNR I 06/011.38 ~;CR 81',-043 TEf1F'ORARY LMJD p 06101189 EXTENTION OF SCR 87-051, TEMPORARY 103 ACTIVE USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY Pag~ No. 08114188 11 APPLIC. PERMIT DATE AGENCY DATE PERMIT NUMBER ONR ONR DNR ON.'! :JNR 04108185 I I LAS 2840 I 02127187 SCR 87-051 I I 06101188 SCR 88-050 I 05109186 ADL 222657 I I 08126186 ADL 222657 AMENDMENT BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY 1. 1988 EXPIR. PERMIT TYPE AlP DATE COMMENTS CONSTRUCT OR MODIFY A DAM A ======== =================================== I I APPLICATION TO CONSTRUCT BRADLEY LAKE DAM -PERMIT NUMBER ASSIGNED. BUT PERMIT NOT ISSUED TEMPORARY LAND P 06130188 TEMPORARY LAND USE PERMIT FOR USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY TEMPORARY LAND USE TI DELANO LEASE P 06/01189 EXTENTION OF SCR 87-070, TEMPORARY LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY ? 05/14/87 LETTER OF ENTRY NON-COMPETITIVE TIDELAND LEASE APPLICATION TIDELAND LEASE P 14187 AMENDMENT OF LETTER OF ENTRY STIPULATION 21: AIRSTRIP ONR I I 11103/86 WAIVER -T-UNE WAIVER OF LAND USE P 03/31/87 AMENDMENT FOR APPROVAL OF GENERALLY PERMITTED ACTIVITIES ON STATE PUBLIC LAND FOR GEOTECHNICAL EXPLORATION. SURVEYING, AND PRELIMINARY TRANSMISSION LINE ACTIVITIES ONR ONR DNR DNR I I 12101186 AOL 223192 AMENDMENT / / 05108/85 WAIVER I I 06/01/88 SCR 88-046 04/29/88 AOL 223192 AMENDMENT WAIVER OF LAND P 03/31187 AMENDMENT FOR WAIVER OF LAND USE USE PERMIT FOR TRANSMISSION LINE GEOTECHNICAL EXPLORATION PROGRAM 12-31-86 THROUGH 3-31-87 WAIVER OF LAND USE P 10/3!/85 WAIVER OF LAND USE PERMITS FOR JULY THROUGH OCTOBER 1985 GEOTECHNICAL EXPLORATION PROGRAM FOR DRILLJNG ALONG TRANSMISSION LINE. BARGE ACCESS CHANNEL. AND AIRSTRIP ALIGNMENT TEMPORARY LAND P 06/01189 EXTENTION OF SCR 87-057, TEMPORARY USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY HANDLING OF SPRUCE TIMBER CUT P 09!01/91 AMENDMENT REGARDING STIPULATION IV. VEGETATION OF LETTER OF ENTRY. CHANGE IN THE HANDLING OF SPRUCE TIMBER CUT TO PREVENT THE OUTBREAK OF SPRUCE BARK SETTLE INFESTATIONS REC II STATUS 104 NOT REQ'D 105 EXPIRED 106 ACTIVE 107 EXPIRED 108 EXPIRED 109 EXPIRED 110 EXPIRED Ill EXPIRED 112 ACTIVE I! 3 ACTIVE F'3ge No. 12 08/14/88 APPLI C. AGENCY DATE PERMIT DATE DNR I I 07/11188 DNR I / 07/11188 I 02126/87 DNR I I 09/10/86 DNR I 10/01/86 DNR I I 03/13/87 DNR 07/21188 I I 04/0B/SS I DNR I 09/15/86 DCII I 06/16/86 DPS 05/23186 PERMIT NUMBER LAS 11848 LAS 11848 LAS 10581 LAS 02836 ADL 223192 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY 1, 1988 EXPIR. PERMIT TYPE A/P DATE COMMENTS PERMANENT WATER p 04/07193 PERMIT TO USE 3,000 GPO FROM RIGHTS POWERHOUSE CREEK FOR OPERATION AND MAINTENANCE OF PERMANENT FACILITIES AT BRADLEY LAKE POWERHOUSE P 04/07193 CONSISTENCY DETERMINATION FOR CREEK WATER POWERHOUSE CREEK WATER RIGHTS. RIGHTS PERMANENT WATER P 12117191 PERMIT TO APPROPRIATE WATER-TWO RIGHTS DRILLED WELLS AT LOWER CONSTRUCTION CAMP 165,000 GPDl (LAS 2838 + LAS 2838 AMENDMENT + LAS 10581 = 100,000 GPO TOTAL) PERMANENT WATER P 04/12195 PERMIT TO APPROPRIATE WATER - RIGHTS BRADLEY LAKE (750 CFSl. MIDDLE FORK (100 CFSl, AND NUKA GLACIER POOL 1248 CFSl FOR HYDROELECTRIC POWER GENERATION RIGHT-OF-WAY P 09/01191 LETTER OF ENTRY -TRANSMISSION LINE LETTER OF ENTRY RIGHT-OF-WAY PERMIT APPLICATION WAIVER -T-LINE WAIVER OF LAND USE P 09/01/91 AMENDMENT FOR EXTENSION OF WAIVER OF LAND USE PERMIT FOR TRANSMISSION LINE CLEARING AND CONSTRUCTION CONTRACTS ALONG CARIBOU LAKE TRAIL AND FOX RIVER TRAIL APPLICATION TO RENEW TWP 87-1 LAS 2839 LAS 06998 CONTRACT 860-139 A / / REQUEST TO UPDATE TWP 87-1 ONLY FOR UNNAMED LAKE AND MARTIN RIVER BORROW AS SOURCES OF WATER. CONSTRUCT OR A APPLICATION TO CONSTRUCT MIDDLE MODIFY A DAM FORK DIVERSION DAM -PERMIT NUMBER ASSIGNED. BUT PERMIT NOT ISSUED PERMANENT WATER P 03/27/91 PERMIT TO APPROPRIATE WATER -2 RIGHTS DRILLED WELLS !ONE DRY! AT PERMANENT FACITITIES (3.200 GPDl CONTRACT P 06/161Q1 CONTRACT PROVISIONS FOR WATER FROM FIRE SAFETY NUKA GLACIER POOL P 04/11189 REVIEW OF SHOP/WAREHOUSE BUILDINGS AT PERMANENT FACILITIES FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS REC # STATUS 114 ACTIVE 115 ACTIVE 116 ACTIVE 117 ACTIVE 118 ACTIVE 119 ACTIVE 120 NOT REQ'D 121 NOT REO' C 122 ACTIVE 123 ACTIVE 124 ACTIVE APPLIC. BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY!, 1988 EXPIR. AGENCY DATE PERMIT DATE PERMIT NUMBER PERMIT TYPE A/P DATE COMMENTS DPS DPS DPS OPS EPA EPA EPA EPA EF'A EF'A ===~~=== =~======== ================ =============== I I 04/16/86 86D-137 FIRE SAFETY I I 05/23/86 860-138 FIRE SAFETY I I 05/23186 860-140 FIRE SAFETY / 05/20186 APPROVAL FIRE SAFETY 07/16/87 / APPLICATION WASTEWATER NPDES SUPPLEMENT DISCHARGE 06/01187 I I 03/31187 I I APPLICATION NPDES APPLICATION (NPDES SUPPLEMENT) I 09/30/87 AK-004490-3 I 09!30187 AK-004492-0 O!/IU87 I APPLICATION WASTEWATER DISCHARGE WASTEWATER DISCHARGE WASTEWATER DISCHARGE WASTEWATER DISCHARGE WASTElJATER DISCHARGE P 04/11/89 REVIEW OF LOWER CAMP WELLHOUSE FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS P 04/ll/89 REVIEW OF LOWER CAMP INCINERATOR BUILDING FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS P 04/11/89 REVIEW OF OFFICE/RESIDENCE BUILDINGS AT PERMANENT FACILITIES FOR CONFORMITY WITH STATE FIRE SAFETY REGULATIONS P 04/11/89 APPROVAL OF SINGLE STAIRWAY FROM SECOND STORY LEVEL IN POWERHOUSE A A A I I SUPPLEMENTAL INFORMATION IN RESPONSE TO JULY 16, !987 AOEC COMMENTS t I NPDES PERMIT APPLICATION FOR DISCHARGE OF TREATED WASTEWATER FROM POWERHOUSE 3RD UNIT TO KACHEMAK BAY I I MARCH 31. 1987 LETTER TO EPA LISTING CHEMICALS FOR USE IN TREATING CONCRETE BATCHING WATER AT MARTIN RIVER BORROW PITS AND POWER TUNNEL SETTLING POND DRAINAGE P 09/291"'2 NPDES PERMIT TO DISCHARGE WASTEWATER FROM UPPER CONCRETE BA;CH PLANT NEAR MAIN DAM TO BRADLEY LAKE AND LOWER CONCRETE BATCH PLANT NEAR POWERHOUSE TO UNNA11EO STREAM OR NEAR MARTIN RIVER BORROW AREA TO MARTIN RIVER P 09/29/92 NPDES PERMIT TO DISCHARGE WASTEWATER •ROM LOWER CAMP SEWAGE LAGOON TO BATTLE CREEK A I ! NPDES PERMIT APPLICATION TO DISCHARGE IJASTEWATER FROM THE MARTIN RIVER BORROW PITS INTO MARTIN RIVER AND FROM THE POWER TUNNEL SETTLING PONDS INTO KACHEMAK BAY REC II STATUS ========== 125 ACTIVE 126 ACTIVE 127 ACTIVE 128 ACTIVE 129 ACTIVE !30 ACTIVE 131 ACTIVE 132 ACTIVE 133 ACTIVE 134 ACTIVE No. 14/88 14 APPLIC. AGENCY DATE ======== FAA I / FERC I I FERC I PERMIT DATE PERMIT NUMBER :::::::::::::;::;::::::::.::::::::::::::::: ===========::::::.:::::::::::.:;:::;:: 07/31/87 1187-AAL-80NRA 12/31/85 8221-000 03/16/87 8221-006 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY 1. 1988 EXPIR. PERMIT TYPE A/P DATE COMMENTS =========::::=::::::::;;;:::::::= ======== =================================== AIRSPACE p 02/01/89 AIRSPACE DETERMINATION FOR MARTIN DETERMlNAT ION RIVER TEMPORARY LANDING STRIP FERC LICENSE p 12/31/35 FERC ORDER ISSUING LICENSE FERC LICENSE p 12/31135 AMENDMENT TO FERC LICENSE FOR AMENDMENT RELOCATION OF PERMANENT LANDING STRIP REC II STATUS 135 ACTIVE 136 ACTIVE 137 ACTIVE /""" v Page No. 5 02/22191 APPLIC. AGENCY DATE PERMIT DATE PERMIT NUMBER BRADLEY lAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EXPIR. PERMIT TYPE AlP DATE COMMENTS REC # STATUS ====== ======== ===~====== ================ =============== === ======== =================================== ===== ========== ** AGENCY DGC DGC I I 09115186 B.l. PERMITS NO. COASTAl p 12131135 ~!DEN TRANSMISSION liNE 85 ACTIVE 3, AK860701·01A CONSISTENCY RIGHT·OF-~AY TO 400 FEET FROM REVISION POWERHOUSE TO TOWERS 9BD, 9BS DGC I I 12/29186 B.L. PERMITS NO. COASTAL p 12131135 MODIFICATION FOR MARTIN RIVER DIKE 86 ACTIVE 1 AK861208·03A CONSISTENCY EXTENSION AND MARTIN RIVER MODIFICATION 2 TEMPORARY LANDING SITE IMPROVEMENTS DGC I I 06/27186 B.L. PERMITS NO. COASTAL p 12131135 ~ATER USE AT PERMANENT CAMP 87 ACTIVE 2, AK860430·42A CONSISTENCY FACILITIES AND LANDFILLING OF CONSTRUCTION ~ASTE AT 13 SITES DGC I I 08127186 B.L. PERMITS NO. COASTAL p 12131135 MODIFICATION TO RELOCATE AIRSTRIP, 88 ACTIVE 1 AK851213·14A CONSISTENCY CONSTRUCT TRUCK TURNAROUND AND MODIFICATION 1 MARSHALLING YARD, AND FILL 3 SMALL ~ETLANDS ALONG ACCESS ROAD DGC I I 08114186 B.l. PERMITS NO. COASTAL p 12131135 ~ASTEWATER DISCHARGE AT BATCH 89 ACTIVE 3, AK860701 ·01A CONSISTENCY PLANTS AND SE~AGE LAGOON, AND ACCESS AND STREAM CROSSINGS FOR TRANSMISSION LINE DGC I I 08110187 B.L. PERMITS NO. COASTAL p 12131/35 MODIFICATION FOR 1) CONTRACTOR 90 ACTIVE 1, AK851213·14A CONSISTENCY OPTION TO INSTALl DAMSITE CAMP OR AND AK861208·03A LAYOOWNISTORAGE AREA, 2) FERC UPPER MOOIFJCATION 4 CAMP WATER INTAKE AND PUMPHOUSE, AND 3) PERMANENT FACILITIES WET ~ELL AT POWERHOUSE CREEK ** AGENCY DNR ONR 02106191 I I AOL 222656 UPLANDS LEASE A I I REQUEST TO EXTEND LETTER OF ENTRY 93 ACTIVE FOR ONE YEAR UNTIL MARCH 1, 1992. DNR 02/06191 I I ADL 222657 TIDELANDS LEASE A I I REQUEST TO EXTEND LETTER OF ENTRY 94 ACTIVE FOR ONE YEAR UNTIL MARCH 1, 1992. DNR I I 02/20190 ADL 222657 TIDELANDS LEASE p 03101191 REISSUE OF TIDELANDS LEASE LETTER 152 ACTIVE OF ENTRY. ONR I I 02!20!90 AOL 222656 UPLANDS LEASE p 03/01/91 REISSUE OF UPLANDS LEASE LETTER OF 153 ACTIVE ENTRY. DNR I I 09115/86 LAS 06998 PERMANENT WATER p 03/27/91 PERMIT TO APPROPRIATE WATER · 2 154 ACTIVE RIGHTS DRILLED WELLS (ONE DRY) AT PERMANENT FACITITIES (3,200 GPO) Page No. 6 02122191 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY APPLIC. PERMIT EXPIR. AGENCY DATE DATE PERMIT NUMBER PERMIT TYPE AlP DATE COMMENTS REC tt STATUS ==~=== :;:::;:: ========== ================ :;::=========== === ======== =================================== ===== ========== DNR I I 07/27189 TIIP 90·9A TEMPORARY IIATER p 07127/91 TEMPORARY PERMIT TO APPROPRIATE 155 ACTIVE RIGHTS IIATER -UPPER BATCH PLANT CREEK (MAX. 66,000 GPO) DNR I I 07/27189 TWP 90·8A TEMPORARY IIATER p 07127191 TEMPORARY PERMIT TO APPROPRIATE 156 ACTIVE RIGHTS IIATER • LOWER BATCH PLANT CREEK (MAX. 70,000 GPO). DNR I I 07127189 TIIP 90-58 TEMPORARY IIATER p 07127191 TEMPORARY PERMIT TO APPROPRIATE 157 ACTIVE RIGHTS IIATER -POWERHOUSE CREEK (MAX. 42,000 GPO FOR HEAVY CONSTRUCTION, MAX. 3,000 GPO FOR DOMESTIC USE, MAX. 45,000 GPO TOTAL) DNR I I 07127189 TIIP 90·7A TEMPORARY IIATER p 07!27191 TEMPORARY PERMIT TO APPROPRIATE 158 ACTIVE RIGHTS IIATER • 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 TIIP 90·6A TEMPORARY WATER p 07127191 TEMPORARY PERMIT TO APPROPRIATE 159 ACTIVE RIGHTS WATER • P~ER TUNNEL DRAINAGE (5,000 GPM) DNR I I 07127189 TWP 90·10A TEMPORARY WATER p 07127191 TEMPORARY PERMIT TO APPROPRIATE 160 ACTIVE RIGHTS WATER • LAKE EL. 1205.5 NEAR DAMSITE CONSTRUCTION CAMP (MAX. 10,000 GPO). '-" DNR I I 10101186 ADL 223192 RIGHT·OF·WAY p 09101191 LETTER OF ENTRY · TRANSMISSION LINE 161 ACTIVE LETTER OF ENTRY RIGHT-OF-WAY PERMIT APPLICATION DNR I I 04!29188 ADL 223192 HANDLING OF p 09101/91 AMENDMENT REGARDING STIPULATION IV. 162 ACTIVE ~ 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 BETTLE INFESTATIONS / ONR I I 03113187 WAIVER -T·LINE WAIVER OF LAND p 09101191 AMENDMENT FOR EXTENSION OF WAIVER 163 ACTIVE USE OF LAND USE PERMIT FOR TRANSMISSION LINE CLEARING AND CONSTRUCTION CONTRACTS ALONG CARIBOU LAKE TRAIL AND FOX RIVER TRAIL .). DNR I I 10105190 SCR 91·009A THRU TEMPORARY LAND p 09130191 TEN (10) LAND USE PERMITS FOR 164 ACTIVE ( rJ(9.) J USE SHUFLIES AROUND OBSTRUCTIONS WITHIN NJI '))I R~. Page No. 7 02/22191 BRADLEY LAKE HYDROELECTRIC >ROJECT PERMIT SUMMARY APPL! C. PERMIT EXPIR. AGENCY DATE DATE PERMIT ~UMBER PERMIT TYPE AlP DATE COMME~TS REC # STATUS =~==== :;====== ======:=== ================ =============== === ======== =================================== ===== =====·===== 0) DNR I I 10105190 SCR 91·010A & B TEMPORARY LA~D p 09130191 TWO (2) TEMPORARY LAND USE PERMITS 165 ACTIVE • USE FOR TRA~SMISSION LINE ACCESS VIA FOX RIVER TRAIL AND CARIBOU LAKE TRAIL. DNR I I 02!26187 LAS 10581 PERMANENT IJATER p 12117191 PERMIT TO APPROPRIATE WATER · TWO 166 ACTIVE RIGHTS DRILLED ~LLS AT LOWER CONSTRUCTION CAMP (65,000 GPO) (LAS 2838 + LAS 2838 AMENDMENT + LAS 10581 z 100,000 GPO TOTAL) -+ DNR I I 05101190 ADL 222655 MATERIAL p 12131191 AMENDMENT TO EXTEND NEGOTIATED 167 ACTIVE EXTRACTION MATERIAL SALE CONTRACT UNTIL DECEMBER 31, 1991. DNR I I 12/12/89 TIJP 90·5A TEMPORARY IJATER p 12131191 TEMPORARY IJATER USE PERMIT FOR 168 ACTIVE RIGHTS 225,000 GPO FROM BRADLEY DAMSITE, 1,000 GPO FROM POIJERHOUSE SITE, 1,000 GPO FROM UPPER UNNAMED LAKE AND 225,000 GPO FROM MARTIN RIVER PITS. ,- ~ .( DNR I I 04112190 LAS 02837 PERMANENT IJATER p 12131192 TIJO YEAR EXTENSION FOR PERMIT TO 169 ACTIVE RIGHTS APPROPRIATE IJATER FOR IJATERFOIJL NESTING AREA. 23.2 ACRE FEET PER YEAR FOR ENVIRONMENTA MANAGEMENT. ~ DNR I I 04/12/90 LAS 02838 PERMANENT IJATER p 12131192 TIJO YEAR EXTENSION FOR IJATER RIGHTS 170 ACTIVE RIGHTS PERMIT FOR LOIJER CONSTRUCTION CAMP. 35,000 GALLONS PER DAY FOR CONSTRUCTION. > ONR I I 07111188 LAS 11848 PERMANENT IJATER p 04107193 PERMIT TO USE 3,000 GPO FROM 171 ACTIVE RIGHTS POIJERHOUSE CREEK FOR OPERATION AND MAINTENANCE OF PERMANENT FACILITIES AT BRADLEY LAKE ONR I I 07111188 LAS 11848 POIJERHOUSE p 04/07193 CONSISTENCY DETERMINATION FOR 172 ACTIVE CREEK IJATER POIJERHOUSE CREEK IJATER RIGHTS. RIGHTS I, ONR I I 09/10186 LAS 02836 PERMANENT IJATER p 04112/95 PERMIT TO APPROPRIATE IJATER · 173 ACTIVE RIGHTS BRADLEY LAKE (750 CFS), MIDDLE FORK (100 CFS), AND NUKA GLACIER POOL (248 CFS) FOR HYDROELECTRIC POIJER GENERATION Pa·~e t~o. 0&/!4/85 APPLI C. ';ENCY DATE PERf1l T DATE PERMIT NUMBER DNR ONR ONR ONF' ONR ONR ONR ·[JNR ONR DNR DNR DNR DNR ONR ONR I I 01/0!/87 01/0!/87 01/0i/87 TIJP 87-ll TWP 87-08 TWP 87-10 ADL :C:22656 AMENDMENT 01101187 TWP 67-09 02/16/88 AOL 222657 AMENDMENT TIJP 88-0S' TIJP 87-01 05/15/86 A[iL :-'22655 I I 02127187 SCR 87-057 I I 12/01/86 LAS 02837 I I 06101188 SCR 88-048 / / I I I I 03108188 06/01/88 08115/86 0610l/88 LA~. 0283f, AMENDMENT SCR b8-049 LAS 02838 SCR 88-047 BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY 1. 1988 EXPIR. PERMIT TYPE AlP DATE COMMENTS REC ll STATUS ===========::::::;;:::::::::: ========~==~======================= ===== ===:=::::::::::::.:; TEMPORARY WATER P 12/31/89 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER UPPER BATCH PLANT CREEK <MAX. 66.000 GPO) TEMPORARY WATER P 12/31/69 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER -POWERHOUSE CREEK (MAX. 42.000 GPO FOR HEAVY CONSTRUCTION. MAX. 3.000 GPO FOR DOMESTIC USE. MAX. 45,000 GPO TOTAL! TEMPORARY WATER P 12/31/80 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER 3 UNNAMED LAKES <MAX. 66,000 GPO FOR INDUSTRIAL USE. MAX. 25.000 GPO FOR DOMESTIC USE. MAX. 9!.000 GPD TOTAL! LAND USE LEASE P 03/01/89 AMENDMENT AND REISSUE OF LETTER OF ENTRY -NON-COMPETlriVE ~AND USE LEASE APPLICATION TEMPORARY WATER P 12/31/89 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER POWER TUNNEL DRAINAGE 15.000 GPMl TIDELAND LEASE P 03101/89 AMENDMENT AND REISSUE OF LETTER OF ENTRY -NON-COMPETITIVE TIDELAND LEASE APPLICATION TEMPORARY WATER P 01/31190 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER -BRADLEY RIVER OR BRADLEY LAKE !MAX. 225.000 GPDl TEMPORARY WATER P 07/24/88 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER -BRADLEY RIVER OR BRADLEY LAKE IMAX. 5.000 GPO! (SUPERCEDED BY TWP 88-091, POWERHOUSE SITE !SUPERCEDED BY TWP 87-081, UNNAMED LAKE 11.000 GPO. MAX. 5.000 GPO!. MARTIN RIVER BORROW PITS rMAX. 2:?5. 000 GPCI l MATERIA:.. EXTRACT ION P 03i;SIGO NEGOTIATED MATERIAL SALE CONTRACT - MARTIN RIVER BORROW AREA TEMPORARY LAND P 06/30/88 TEMPORARY LAND USE PERMIT FOR USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY PERMANENT WATER P 04/12/90 PERMIT TO APPROPRIATE WATER - RIGHTS WATERFOWL NESTING AREA NATURAL DRAINAGE 123.2 ACRE-FEET PER YEARJ TEMPORARY LAND P 06/01/89 EXTENTION OF SCR 87-055, TEMPORARY USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY PERMANENT WATER P 04/12/90 AMENDMENT EXTENDING PERMIT TO RIGHTS 04/12/90 ISEE ALSO LAS 10581 FOR INCREASE> TEMPORARY LAND USE P 06/01/89 EXTENTION OF SCR 87-069. TEMPORARY LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY PERMANENT WATER P 04113/90 PERMIT TO APPROPRIATE WATER RIGHTS DRILLED WELL AT LOWER CONSTRUCTION CAMP (35,000 GPO> <SEE ALSO LAS 10581 FOR INCREASE>. TEMPQRARY LAND USE P 06/01/89 EXTENTION OF SCR 87-056. TEMPORARY LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY 63 ACTIVE 64 ACTIVE 65 ACTIVE 66 ACTIVE 67 ACTIVE 68 ACTIVE 69 ACT I 'JE 70 ACTIVE 71 PC TJ VE 72 EXPIRED 73 ACTIVE 74 ACTIVE 75 ACTIVE 76 ACTIVE 77 ACT 1 VE 78 ACTIVE Pa1e tJu. 01\11411\.S APPLI C. \GENCY DATE PERM! T DATE PERMIT NUMBER BRADLEY LAKE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY l. 1988 EXP!R. .::===:::.!:-=======:::. ========== ================ PERMIT TYPE A/P DATE COMMENTS =============== === ======== =================================== DNR ONR DNR DNR DNR ONR ONR DNR R DNR DNR DNR DNR DNR ONR I I I I I I I I I I I I I I I I !0114186 AOL 222655 AMENDMENT 06/01188 SCR 88-04! 0'?/25186 ADL 222655 AMENDMENT 06/0118.:. 02127187 SCR 87-053 02127187 SCR 87-049 05114187 SCR 87-069 06111187 TWP 87-23 I I 02127187 SCR 87-056 I I 11/05186 AOL 223192 AMENDMENT I I 02127187 SCR 87-055 I 07/12/88 I 02/27/87 I 05/14/87 03/10/87 AOL 222657 AMENDMENT SCR 87-05? SCR 87-070 LAS 0'283f AMENDMENT MATERIAL EXTRACTION TEMPORARY LAND USE MATERIAL EXTRACTION TEMPORARY LI.ND USE TEMPORARY LAND USE TEMPORARY LAND USE P 05/04/90 AMENDED PROVISION II OF NEGOTIATED MATERIAL SALE CONTRACT METHOD OF VOLUME DETERMINATION P 06/01/89 EXTENTION OF SCR 87-053. TEMPORARY LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY P 05104/90 AMENDMENT FOR EXTENSION OF NEGOTIATED MATERIAL SALE CONTRACT P 0610!/89 EXTENTION OF SCR 87-050. TEMPORARY LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTS I DE OF RIGHT-OF-WAY P 06130/88 TEMPORARY LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY P 06130/88 TEMPORARY LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY TEMPORARY LAND P 06/30/88 TEMPORARY LAND USE PERMIT FOR USE USE OF CARIBOU LAKE TRAIL DURING TRANSMISSION LINE CLEARING AND CONSTRUCTION 6-30-87 THROUGH 6-30-88 TEMPORARY WATER P 09/01189 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER LAKE EL. 1205.5 NEAR OAMSITE CONSTRUCTION CAMP (MAX. 10.000 GPOl 9-1-87 THROUGH 9-1-89 TEMPORARY LAND P 06/30/88 TEMPORARY LAND USE PERMIT FOR USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY WAIVER OF LAND P 04/11/89 AMENDMENT LETTER OF OPINION USE PERMITTING USE OF FOX RIVER TRAIL FOR TRANSMISSION LINE ACCESS TEMPORARY LAND P 06130/88 TEMPORARY LAND USE PERMIT FOR USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY TIDELANDS LEASE P 03/0l/89 ALLOWS CONSTRUCTION OF SPUR ACCESS ROAD UNDER ORIGINAL LETTER OF ENTRY. TEMPORARY LAND P 06!30188 TEMPORARY LAND USE PERMIT FOR USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY TEMPOflARV LAND USE P 06/30/88 TEMPORARY LAND USE PERMIT FOR USE OF FOX RIVER TRAIL DURING TRANSMISSION LINE CLEARING AND CONSTRUCTION 6-30-87 THROUGH 6-30-88 PERMANENT WATER P 03/12/88 AMENDMENT TO PERMIT TO APPROPRIATE RIGHTS WATER PROVIDING FOR TWO 80 FOOT DEEP WELLS AT LOWER CONSTRUCTION CAMP 135.000 GPO) <SEE ALSO LAS 10581 FOR INCREASEl. REC • STATUS ====!:::::-:=== 79 ACTIVE 80 ACTIVE 81 ACTIVE 82 ACTIVE 83 EXPIRED EX PI REO 85 EXPIRED 86 ACTIVE 87 EXPIRED 88 ACTIVE 89 EXPIRED 90 ACTIVE 91 EXPIRE[• EXF!RECJ 93 EXPIRED Page No. 08/ 14/8(:', APPLIC. _NCY DATE PERMIT DATE PERMIT NUMBER DNR DNR DNR DNR DNR DNR DNR ONR DNR -DNR -·..--., ~ ONR DNR DNR DNR DNR I I 06101188 SCR 88-045 I 01123/87 ADL 223192 AMENDMENT I / 0610!188 SCR 88-042 I I 08/22/86 AOL 222657 AMENDMENT I I 04124187 TWP 87-16 I 081!1186 ADL 222657 AMENDMENT I I 03107188 ADL 222657 AMENDMENT 02127187 SCR 87-050 I I 06101188 SCR 8b-043 04108185 I I LAS 2840 I I 02127187 SCR 87-051 I I 0610!188 SCR 88-050 I I 05109/86 AOL 222657 I I 08/26186 ADL 222657 AMENDMENT BRADLEY (~kE HYDROELECTRIC PROJECT PERMIT SUMMARY EFFECTIVE DATE JULY I. 1988 EXPIR. PERMIT TYPE AlP DATE COMMENTS ======== =================================== TEMPORARY LAND P 06/01/89 EXTENTION OF SCR 87-049, TEMPORARY USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY WAIVER OF LAND P 05131187 AMENDMENT FOR EXTENSION OF WAIVER USE OF LAND USE PERMIT FOR TRANSMISSION LINE GEOTECHNICAL EXPLORATION PROGRAM FROM 03131/87 THROUGH 05131/87 ON THE UPLAND PLATEAU AND SOUTH OF CARIBOU LAKE TEMPORARY LAND 06/01/89 EXTENTION OF SCR 87-052, TEMPORARY USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY TIDELAND LEASE P 05114187 AMENDMENT FOR FURTHER CLARIFICATION OF STIPULATION 21: AIRSTRIP TEr1PORARY WATER P 08101189 TEMPORARY PERMIT TO APPROPRIATE RIGHTS WATER -LOWER BATCH PLANT CREEK (MAX. 70,000 GPDJ 8-7-87 THROUGH TIDELAND LEASE p 8-1-89 . 05/14187 AMENDMENT FOR CLARIFICATION OF STIPULATION 21: AIRSTRIP TIDELAND LEASE P 03101189 AMENDMENT FOR CLARIFICATION OF STIPULATION 21 ADDING TEMPORARY CONSTRUCTION LANDING SITE TO LETTER OF ENTRY LAND USE LEASE P 05'14187 LETTER OF ENTRY -NON-COMPETITIVE LETTER OF ENTRY LAND USE LEASE APPLICATION FOR SITE PREPARATION WORf\ TEMPORARY LAND P 06130188 TEMPORARY LAND USE PERMIT FOR USE TRAtJSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY TEf1PORARY LAND P 06101189 EXTENTION OF SCR 87-051. TEMPORARY USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHr-OF-WAY CONSTRUCT OR MODIFY A DAM A 1 I APPLICATION TO CONSTRUCT BRADLEY LAKE DAM -PERMIT NUMBER ASSIGNED. BUT PERMIT NOT ISSUED TEMPORARY LAND P 06/30/88 TEMPORARY LAND USE PERMIT FOR USE TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY TEMPORARY LAND P 06/01/89 EXTENTION OF SCR 87-070, TEMPORARY USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY TIDELAND LEASE P 05114187 LETTER OF ENTRY NON-COMPETITIVE TIDELAND LEASE APPLICATION TIDELAND LEASE P 05114/87 AMENDMENT OF LETTER OF ENTRY - STIPULATION 21: AIRSTRIP DNR I I 11/03/86 WAIVER-T-UNE WAIVER OF LAND P 03/31/87 AMENDMENT FOR APPROVAL OF GENERALLY USE PERMITTED ACTIVITIES ON STATE PUBLIC LAND FOR GEOTECHNICAL EXPLORATION, SURVEYING. AND PRELIMINARY TRANSMISSION LINE ACTIVITIES DNR I I 12/01186 ADL 223192 AMENDMENT WAIVER OF LAND P 03131/87 AMENDMENT FOR WAIVER OF LAND USE USE PERMIT FOR TRANSMISSION LINE GEOTECHNICAL EXPLORATION PROGRAM 12-31-86 THROUGH 3-31-87 REC II STATUS 94 ACTIVE 95 EXPIRED 96 ACTIVE 97 EXPIRED 98 ACTIVE 99 EXPIRED 100 ACTIVE 101 EXPIRED 102 EXPIRED !03 ACTIVE 104 NOT REQ'D 105 EXPIRED 106 ACTIVE 107 EXPIRED 109 EXPIRED 110 EXPIRED Pa9~ tJc,. 08/14188 APPLJC. 1ENCY DATE PERM! T DATE PERMIT NUMBER ::::::d: ===-===== ========== ================ ONR I I 05108185 WAIVER . ONR I I 06/01/88 SCR 88-046 ONR I / 04129/88 ADL 223192 AMENDMENT ONR / / 07/11/88 LAS !1848 DNR / I 07111188 LAS 11848 ONR / I 02126187 LAS 10581 DNR I I 09110/86 LAS 02836 DNR I I 10101/86 ADL 223192 DNR I I 03113187 WAIVER T-UNE DNR 07121/88 I I APPLICATION TO RENEW TWP 87-1 _:: DNR 041081.".5 I LAS 2839 DNR I I 09/15186 LAS 06998 BRADLEY LAKE HYDROELECTRIC PROJECT PERM! T SUMMARY . EFFECTIVE DATE JULY I. 1988 EXPIR. PERMIT TYPE AlP DATE COMMENTS REC 1 STATUS =============== ======== ====-= =========:;; WAIVER OF LAND p 10/31185 WAIVER OF LAND USE PERMITS FOR JULY Ill EXPIRED USE THROUGH OCTOBER 1985 GEOTECHNICAL EXPLORATION PROGRAM FOR DRILLING ALONG TRANSMISSION LINE. BARGE ACCESS CHANNEL. AND AIRSTRIP ALIGNMENT TEMPORARY LAND p 06/01/89 EXTENTION OF SCR 87-057, TEMPORARY !!2 ACTIVE USE LAND USE PERMIT FOR TRANSMISSION LINE SHOOFLY OUTSIDE OF RIGHT-OF-WAY HANDLING OF p 09/01191 AMENDMENT REGARDING STIPULATION IV. 11:' ACTIVE SPRUCE TIMBER VEGETATION G OF LETTER OF ENTRY. CUT CHANGE IN THE HANDLING OF SPRUCE TIMBER CUT TO PREVENT THE OUTBREAK OF SPRUCE BARK SETTLE INFESTATIONS PERMANENT WATER p 04/07/93 PERMIT TO USE 3,000 GPO FROM RIGHTS POWERHOUSE CREEK FOR OPERATION AND MAINTENANCE OF PERMANENT FACILITIES 114 ACTIVE AT BRADLEY LAKE POWERHOUSE p 04107193 CONSISTENCY DETERMINATION FOR CREEK WATER POWERHOUSE CREEK WATER RIGHTS. 115 ACTIVE RIGHTS PERMANENT WATER p 12117191 PERMIT TO APPROPRIATE WATER -TWO RIGHTS DRILLED WELLS AT LOWER CONSTRUCTION CAMP (65,000 GPO> <LAS 2838 + t.:AS 116 ACT l VE 2838 AMENDMENT + LAS 10581 : !00.000 GPO TOTAL) PERMANENT WATER p 04/12195 PERMIT TO APPROPRIATE WATER - RIGHTS BRADLEY LAKE (750 CFS). MIDDLE FORK <100 CFS), AND NUKA GLACIER POOL I J7 ACTIVE <248 CFS) FOR HYDROELECTRIC POWER GENERATION RIGHT-OF-WAY p 09/01191 LETTER OF ENTRY -TRANSMISSION LINE LETTER OF ENTRY RIGHT-OF-WAY PERMIT APPLICATION 1I8 ACTIVE WAIVER OF LAND p 09/01191 AMENDMENT FOR EXTENSION OF WAIVER USE OF LAND USE PERMIT FOR TRANSMISSION LINE CLEARING AND CONSTRUCTION 119 ACTIVE CONTRACTS ALONG CARIBOU LAKE TRAIL ANO FOX RIVER TRAIL A / / REQUEST TO UPDATE TWP 87-1 ONLY FOR 120 NOT RE·~· D UNNAMED LAKE AND MARTIN RIVER BORROW AS SOURCES OF WATER. CONSTRUCT OR A I / APPLICATION TO CONSTRUCT MIDDLE MODIFY A DAM FORK DIVERSION DAM PERMIT NUI19E R ASSIGNED, BUT PERMIT NOT ISSUED !21 NOT REO' 0 PERMANENT WATER p 03127/91 PERMIT TO APPROPRIATE WATER 2 RIGHTS DRILLED WELLS <ONE DRY) AT PERMANENT FAClTITIES <3.200 GPOl !22 ACTIVE ·•. Alaska Department of Natural Resources STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND SOUTHCENTRAL REGIONAL OFFICE RIGHT-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 Permit Bradley Lake Hydroelectric Project ADJ... 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 Permit 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 year first below writY,en. \).A I · , ' J Permittee: /) JrV in:r (1. -)~;/( < -0 .,.s;.; State of Alaska ) )ss Third Judicial District ) THIS IS TO CERTIFY that on this jQ_ day of ~~~ 191!L_, before me the undersigned, a Notary Public in and for tlileStateUOf Alaska, duly commissioned and sworn, as sue , personally appeared lUt\lUtfl\. R. Sr&l~ known to me to be the Zt · lU L\. of_z...:A~I D""'t...,A~-------- 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 sai corporation, and that (s)he is fully authorized by said corporation so to do; acknowledged to me that (s)he signed and executed the same eely 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. y (11Jrv U) V{~(\ N oMry Public in and for the State of Alaska MY CY.VI:lS310N EXPtRES APRIL 29, 1994 My commission expires ------- 3 Right-of-way Permit Bradley Lake Hydroelectric Project ADL No. 223192 Grantor:~~~~~~~~~~--~~------- Richard Thompson, R · onal Manager South central Region, Division of Land State of Alaska ) )ss Third Judicial District ) , .. TlllSISTOCERTIFY~ontlns If di!JO~~ ,19<t:/:_ before me, personally appeared f}Lehlle..iJ.i7. 7homtJsov to~ own and known by me to be the person named in and who executed s~ document and ack.nowle.dged 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 APlPENDl!X. A 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 grazing lease ADL 24501; right-()f-way application ADL 219905. ACREAGE PER TOWNSIDP Township 3 South, Range 11 West, Seward Meridian: Section 23: Section 25: Section 26: Tract B: Tract B TractA2 Tract C2 Tract B1 ACREAGE PER TOWNSIDP 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 ~~' ..., !tight-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 lW Tract Al ACREAGE PER TOWNSIDP 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 38.05.035(e) and 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 TractB 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 of 10.17 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 Page 2 of2 Township 4 South, Range 10 West, Seward Meridian: Section 36: Tract B ACREAGEPERTOWNSIDP 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 ofTownship 3 South, Ranges JO & 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 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 pennit 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 pennit 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 of 10.17 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 of629.91 feet along said right-of-way line to the intersection with line 1-2 ofLot 2, U.S. Survey No. 2937; thence S.77°17'00"E. a distance of386.81 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.12o47'2l"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 Page 2 of2 Township 4 South, Range 10 West, Seward Meridian: Section 36: Tract B ACREAGE PER TOWNSIDP 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 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. All covenants, agreements, terms and conditions which by virtue ofthis 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 L 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)11 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 (AEAA0)11 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. "Muskeg" means a grassy bog of partially decayed vegetable matter occurring in wet boreal regions. II. GENERAL STIPULATIONEJ··. · 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. ~... -'l'llj Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 Appendix C Page 2 of 12 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 G. 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. 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 intentions11nd 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 Appendix C Page 4 of 12 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 J. K. 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. 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. 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 N. 0. 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 ofLand, Department ofNatural Resources. 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. 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 ofDL. 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 c. 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. 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 Pennit, ADL 223192 Appendix C Page 7 of 12 E. Fuels, Lubricants, Paints and Other Potential Pollutants F. G. 1. Fuels, lubricants, paints and other potential pollutants will be stored a minimum distance of 300 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. 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. 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 of Natural Resources permit requirements. Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 Appendix C 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 ofbrush 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 of Environmental 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 oflow 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 qr anytime after April15, upon 72· hours notice by the DLFR. · Bradley Lake Hydro Electric Project Right-of-Way Permit, ADL 223192 Appendix C 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 of watercourses 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 ofLand 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. V. WILDLIFE 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. 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 Appendix C 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. B. C. Limits of Authorization This right-of-way applies only to access within the project area, not access to the project . No new access trails or roads are authorized on state lands without the express permission of the AO. 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 of 12 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 G. H. Any cut or fill of material within the project area shall be limited to that necessary for foundation construction, erection ofhelipads, 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. 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. 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. 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 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. 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 Janu.ary, 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 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 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. 10-111 (Revision date 3/23/93) Bradley 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 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. 10-111 (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 53.330, 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. (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" 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. 10-111 (Revision date 3/23/93) 3 Bradley 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 MC 93.060. 18. Acquisition of Ri~:hts 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 v.ith 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 v.ithin 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 3123193) 4 Bradley Lake Hydro Electric Project Tideland Lease, ADL 222657 21. Disposition of Improvements and Chattels Mer 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. 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. 10-111 (Revision date 3/23193) 5 Bradley 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 9950~90 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 Tideland 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 char.g~d·. 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. 10-111 (Revision date 3/23/93) 7 Bradley Lake Hydro Electric Project Tideland Lease, ADL 222657 By signing this Lease, the State of Alaska as Lessor and the Lessee agree to be bound by its provisions. LESSEE:! 1) \JJrm~. STATE OF ALASKA ) ) ss. Third Judicial District ) THIS IS TO CERTIFY THAT ON THIS personally appeared t;)o.kuv~~v R 5ru.u i QK day of ~t-l..tM;1~" , 19(N-, before me , known to me be the person named and who s1gned the foregoing Lease and acknowledged voluntarily signing the same. STATE OF ALASKA ) ) ss. Third Judicial District ) ' ' fl ~~l N ary Public in and fl>).' theState;Q(~ka My commission expires: &Rf! 22. 1994 THIS IS TO CEFff.IFy THAT ON THIS I\~ day of ]AA'\~ , 19'3.!:f_, before me personally appeared ~ \<-~c\ L e. k h -t ~ , 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 CommiSsion Expires: ~='ebruarv 12. 1997 10-111 (Revision date 3123193) 8 AJPJPJENDJIX A 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 Al?PENDllX lB ADDITIONAL STIPULATIONS ALASKA ENERGY AUTHORITY TIDELAND LEASE AGREEMENr ADL 222657 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 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 Area" 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 Appendix B 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 AppendixB 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 ofDL to Perform. 13. 14. 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. 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. 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. 16. 17. 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. ~ · 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. 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 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 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. 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 explosives. Bradley Lake Hydro Electric Project Tideland Lease Agreement, ADL 222657 Appendix B Page 6 of6 22. 23. 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 facilitis operation or equipment failure. 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. 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. fu.an1. 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 Jamu:uy, 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 10-111 (Revision date 3/23/93) \ Bradley 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. Q.e.ction Line Ri2'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. Navie"able 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 aU 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 prov1s1ons 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. 10-111 (Revision date 3/23/93) 3 Bradley 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 Ri~:hts 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. 10-111 (Revision date 3/23/93) 5 ~ 'I! Bradley 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 3123193) 6 ~~. . -~ . . --. . Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 ' . 27. Notices. All notices or demands regarding this lease, made by either the lessor 6r th~ iessee, ~iil 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. NJA 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. ...-: 10-111 (Revision date 3/23/93) 7 Bradley 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. STATE OF ALASKA ) ) ss. Third Judicial District ) THIS IS TO CERTIFX THAT ON THIS I Dil. personally appeared W Jltl.()_ 1'1"-... J?. . :;· NAJ,., day of ~tLva , 19.51:_, before me , known to fue to be the person named and who signed the foregoing Lease and acknowledged voluntarily signing the same. STATE OF ALASKA ) ) ss. Third Judicial District ) ~ 0-11--A W vf.trt\ N ary Pubhc m and for the State of Alaska My commission expir.~~:c~···· ·~"·o··· ~X">!>~c APRIL 29, 1994 THIS IS TO CERTI~ THAT oyHkh[ l +\:. day of JCVV\-~ , 19 9lf, before me personally appeared \(, ·,C.b£M.d.. f. V N , 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 3/23193) ~(. tu..tY'Clc.d~ Notary Public in and for the State of Alaska My commission expires: My Commission Expires: FetlrUary 12; 19\17 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 TOWNSIDP 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, Horner Recording District. Page 1 of 4 LEGAL DESCRIPTION ALASKA ENERGY AUTHORITY LEASE AGREEMENT ADL222656 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 ~Jf't~ ;,;t. 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: SEl/4 Lot3 Tract B Tract D Tract F TractH Tract I TractK Tract B Tract C Tract E Tract B Lot4 Tract A Tract C Tract E TractH TractJ Tract L TractN Tract B Tract C Tract D TractE TractF Tract G Tract H Tract J Tract L TractM TractN Tract 0 Tract P ACREAGEPERTOWNSIDP 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 Appendix:B 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 TOWNSIDP 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 7.75 3.97 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 Appendix B Page 4 of4 Township 5 South, Range 10 West, Seward Meridian: Section 1: Section 2: Section 3: Section 9: Section 10: Section 11: Section 12: Section 13: Section 14: Tract B Tract B Tract D Tract A Lot1 Tract A TractB Tract B Tract B TractB ACREAGE PER TOWNSHIP Township 6 South, Range 8 West, Seward Meridian: Section 6: Wl/2NE114 NW114SE114 NE114SW114 El/2NW114 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 AJPJPENDJ!X C ADDITIONAL STIPULATIONS ALASKA ENERGY AUTHORITY LEASE AGREEMENT ADL 222656 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 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 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 ensure compliance with these stipulations by its agents, employees, and contractors (including subcontractors at any level). Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 Appendix C 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 Appendix C Page3 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 snow cover 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 oyerland travel and creation of roads beyond those requested and· approved are prohibited. Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 Appendix C 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. 17. 18. 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. 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. 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 ofthe 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. Bradley Lake Hydro Electric Project Lease Agreement, ADL 222656 Appendix C 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. 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. 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 23. 24. 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 facility's operation or equipment failure. 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. 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 ofDL. 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 Lease-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). PUBIJC 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 (ADL 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. / Adjudicator I / -. .· I I Date I/.' J ,.{ 4- 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 IIlii.· .• AEA/OTHR/1200 February 6. 1991 Ms. Veronica Gilbert Regional Manager Alaska Energy Authority Alaska Department of Natural Resources Southcentral Region, DLWM P.O. Box 107005 Anchorage, Alaska 99510-7005 ( Subject: ADL 222656 Upland Letter of Entry Renewal ADL 222657 Tideland Lease Letter of Entry Renewal Dear Ms. Gilbert: Y" t-11 ;1.-;2 • .Lf h ?MT ~-;).J.,j~ The Alaska Energy Authority respectfully requests that the subject Letters of Entry. due to expire on March 1, 1991, be extended for one (1) year. If you have any questions with respect to this request. please do not hesitate to contact Mr. Tom Arminski of our staff. ][;;~ David R. Eberle Project Manager TJA:DRE:skb cc: Oscar Johnson. Alaska Energy Authority E. Harvey Elwin, Bechtel Norm Bishop, Stone & Webster Engineering Corporation Dave Trudgen, Alaska Energy Authority !J PO. Box AM Juneau. Alaska 99811 (Q07) 465·3575 c:lrh~n.Jftrf 1Q0869 701 East Tudor Road Anchorage. Alaska 99519.0869 (Q07) 561-7877 \"'t-11 ;<-;l.J.th rM T ~ -;)..~ ~ Alaska Energy Authority AEA/OTHR/1200 February 6, 1991 Ms. Veronica Gilbert Regional Manager A PuDI•C Corporot.or Alaska Department of Natural Resources Southcentral Region, DLWM P.O. Box 107005 Anchorage, Alaska 99510-7005 Subject: ADL 222656 Upland Letter of Entry Renewal ADL 222657 Tideland Lease Letter of Entry Renewal Dear Ms. Gilbert: The Alaska Energy Authority respectfully requests that the subject Letters of Entry, due to expire on March 1, 1991, be extended for one (1) year. If you have any questions with respect to this request, please do not hesitate to contact Mr. Tom Arminski of our staff. ZiY~ David R. Eberle Project Manager TJA:DRE:skb cc: Oscar Johnson, Alaska Energy Authority E. Harvey Elwin, Bechtel Norm Bishop, Stone & Webster Engineering Corporation Dave Trudgen, Alaska Energy Authority Cl PO. Box AM Juneau. Alaska 998f1 (907) 465-3575 cdrh~n 7'l't f\'x f90869 70f East Tudor Road AnchOrage. Alaska 99519.0869 (907) 561·7877 / DEPARTMESTOFSATURALRESOURCES March 9, 1990 DIVISION OF LAND AND WATER MANAGEMENT SOUTHCENTRAL REGION Mr. Robert E. LeResche Executive Director Alaska Energy Authority P.O. Box 190869 Anchorage, Alaska 99519-0869 RECORD COPY FILE NO 1:;:-(v\/ STEVE COWPER, GOVERNOR 3601 C STREET BOX 107005 ANCHORAGE. ALASKA 99510-7005 PHONE. (9071561-2020 RECEIVED MAR , 4 i;~ .. ~ENERGY AU'TliORilY. Re: Bradley Lake Hydroelectric Project No. 8221-00 ADL 222656, Letter of Entry, Uplands Lease ADL 222567, Letter of Entry, Tidelands Lease Dear Mr. LeResche: Enclosed are copies of the executed Letter of Entry for the upland and tideland leases for the Bradley Lake Hydroelectric Project. Please note that the expiration date on both Letters of Entry is March 1, 1991. If you have any questions concerning this action please contact Dave Perez at 762-2270. Sincerely, Veronica Gilbert Regional Manager By~~~ Natural Resource Officer VG:DP:dbjaealtr.ext Enclosure cc: David R. Eberle, Project Manager, AEA Tom Arminski, AEA Dave Trudgen, AEA Larry Ostrovsky, co Harvey Elwin, Bechtel/Dames & Moore Norm Bishop, SWEC STEVE COWPER, GOVERNOR DEPART,IENT OF XATI!RAL RESOLTRCES 3601 C STREET BOX 107005 DIVISION OF LAND AND WATER MANAGEMENT SOUTHCENTRAL REGION ANCHORAGE. ALASKA 99510-7005 PHONE (907) 561-2020 February 20, 1990 CERTIFIED MAIL #P 580 611 070 RETURN RECEIPT REQUESTED Mr. Robert E. LeResche Executive Director Alaska Energy Authority P. 0. Box 190869 Anchorage, AK 99519-0869 F,..,., t - Re: ADL 222657, Letter of Entry, Tidelands Lease Bradley Lake Hydroelectric Project No. 8221-000 ~f.NEJ«iY NJDiOm:tl Gentlemen: The Division of Land and Water Management (DLWM) hereby authorizes the Alaska Energy Authority to enter onto all tidelands located within SE 1/4 Section 35 and W 1/2 SW 1/4 Section 36, Township 4 South, Range 10 West, Seward Meridian, and N 1/2 NW 1/4 Section 2, NE 1/4, SW 1/4 and NW 1/4 Section 3, Section 9 and NW 1/4 Section 10, Township 5 South, Range 10 West, seward Meridian, for the purpose of constructing the Bradley Lake Hydroelectric Project. Entry and construction shall be in accordance with the above referenced application, plans and specifications incorporated in the Federal Energy Regulatory Commission (FERC) license issued December 31, 1985, and with all applicable state statutes and regulations. This Letter of Entry authorization supercedes the Letter of Entry issued on February 22, 1989 and is intended to contain all amendments approved since the original Letter of Entry was issued on May 12, 1986. This document, returned with your signature to DLWM, will indicate acceptance of this entry authorization. This authorization expires March 1, 1991. This Letter of Entry is subject to the following stipulations: DEFINITIONS 1. Division of Land and Water Management is referred to hereinafter as DLWM. 2. The Alaska Energy Authority and its authorized agents, representatives and employees are hereinafter referred to as AEA. 3. "DLWM Regional Manager (RM)" means the Southcentral Regional Manager of the Division of Land and Water R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 2 Management (DLWM) , or a person delegated to exercise that authority. 4. "DLWM Field Representative (DLWMFR)" means the "on- site" representative of the RM who has been delegated the authority as contained in these special stipulations. 5. "Alaska Energy Authority Environmental Field Officer (AEAEFO)" means the person designated by the :-A 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 the status plats which are attached and made a part hereof. GENERAL STIPULATIONS 7. AEA shall comply with all measures as agreed to in the Mitigation Plan, including any future changes. 8. Indemnification of the DLWM. The applicant shall enter and commence construction at its own risk, shall indemnify the state of Alaska against and hold it harmless from any and all claims, demands, suits, loss, liability, and expense for injury to or death of persons and damage to or loss of property arising out of or connected with the exercise of the privileges covered by this Letter of Entry. 9. 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). b) The permittee may not assign, sublease or transfer, in part or whole, the permit to another party. c) AEA may regulate public access within the project area during construction as required to facilitate operations and protect the public. 10. Federal, state and Local Laws and Regulations. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 3 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. 11. 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 Letter of Entry, of from any wrongful or negligent act of the AEA, its officers, agents, employees, contractors, subcontractors or their personnel. SPECIFIC STIPULATIONS 12. 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 DLWMFR so that the condition thereof, in the judgement of the DLWMFR, is at least equal to the condition thereof immediately prior to the harm, damage or destruction. The AEA shall immediately cease activity andjor 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 permittee 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 permittee shall ensure that the stream banks are restored to preconstruction integrity during the construction season in which they are damaged. d) The permittee shall exercise care that upon completion of construction, all work areas shall be smoothed and graded in a manner to conform to R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 4 the natural contours of the landscape, or as agreed to in the final Mitigation Plan. If any scarring or damage occurs outside of approved areas as a result of the permittee's operations, the areas shall be repaired and reseeded, or otherwise corrected as necessary to the satisfaction of the Regional Manager. It is recommended that the State of Alaska Plant Material Center in Palmer be contacted for the most appropriate seed mix to use. 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) 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. g) All activities shall be conducted in a manner to minimize disturbance to the surface-protecting vegetative mat. h) 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. 13. Right of DLWM to Perform. If, after thirty days (or in an emergency, a shorter period as is not unreasonable) following a written demand by the RM, the AEA, its agents, contractors or subcontractors fail or refuse to perform any action required by this Letter of Entry or by the RM, DLWM shall have the right, but not the obligation, to perform any action required by this Letter of Entry or by the RM, at the sole expense of the AEA. Before R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 5 delivery of a written demand, DLWM will confer with AEA, if practicable to do so, regarding the required action that is included in the demand. 14. AEA Environmental Field Officer. AEA shall designate, and have available at all times during construction, operation, and maintenance activities, an Environmental Field Officer (EFO), or the EFO's designated representative, with authority to assure compliance with the Letter of Entry, and with the authority to modify or suspend any field activities. 15. The right of DLWM to rescind. The DLWM reserves the right to rescind this Letter of Entry for adequate cause. 16. 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 Project Manager will attempt to agree as to what revisions or amendments shall be made. If they are unable to agree, the DLWM Director shall have final authority to determine those revisions or amendments to be made. b) AEA shall notify and obtain approval from the DLWM 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. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 6 17. Valid Existing Rights. This Letter of Entry, 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 Letter of Entry and DLWM makes no representations or warranties whatsoever, either express or implied, as to the existence, number, or nature of any valid existing rights. 18. DLWM 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. Field inspections shall be conducted as required during construction activities. Once the project is operational, a field inspection will be conducted at lease once every two years. Any deviation from the approved plans or this authorization may require additional field inspections. 19. Construction Schedule. Upon startup, and whenever requested by the DLWM, 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 quarterly. 20. Requests for Data. For purposes of information and review, DLWM 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 Letter of Entry. 21. Temporary Construction Landing Site and Permanent Project Airstrip. a) Airstrip construction and maintenance shall adhere to all laws, regulations, and standards as set forth by the Federal Aviation Administration (FAA) R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 7 and State Department of Transportation and Public Facilities (DOTPF). The exclusive use of the airstrips shall be limited to AEA, its officers, agents, employees, contractors, subcontractors or their personnel for the duration of the construction project. Emergency landings will be permitted. b) Information shall be submitted to the FAA Alaska region, A.A.L. 620, 701 c Street, Box 14, Anchorage, Alaska 99513-0087 requesting that the airstrip be charted as "Restricted11 and that the Alaska Supplement include the Bradley Lake Airstrip. c) The AEA shall be liable for all activity taking place on both temporary construction and permanent project airstrips. 22. 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 at 561-2020. 23. Surveys/Appraisals. a) Upon expiration of the LOE, the AEA will, at its own expense, provide an as-built survey showing the location of the improvements and all boundaries within the lease area. The survey must be in accordance with: "General survey Instruction Requirements", which may be requested from the Cadastral Survey Section of the DLWM, Department of Natural Resources. b) 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 R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 8 practices of the Cadastral Survey Section of the DLWM, Department of Natural Resources. c) Upon expiration of this LOE, the AEA will, at its own expense, provide an appraisal at fair market value, conducted in strict accordance and consultation with appraisers of DLWM. 24. Fuel/Hazardous Materials and Solid Waste. a) On site disposal of solid and hazardous water requires approval of the Alaska Department of Environmental Conservation (11 AAC 60.010) unless such waste is hauled out and disposed in an approved disposal site. b) 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. Discharge of oil or other pollutants is a violation of state law and regulations. The AEA shall give immediate notice of any discharge of oil or other pollutants to the Department of Environmental Conservation, State of Alaska. c) Use of petroleum products or by-products for dust suppression is not permitted. d) 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 extraction operations. e) 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. f) 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. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 9 g) The AEA is responsible for cleaning up any oil spills or other pollutants which result form activities associated with the Letter of Entry. h) All waste generated during construction, operation, maintenance and termination activities under this Letter of Entry 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. i) 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. 25. 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 Letter, 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. 26. Revocation, Termination or Abandonment. Upon revocation or termination of this Letter of Entry or abandonment of any section of the project area, AEA shall remove all improvements andjor restore the land to the satisfaction of DLWM. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 10 I, having read this Letter of Entry and the special stipulations, hereby agree that the AEA will abide by the requirements of this Letter. of Entr·y· an.d thE?~tached special stipulations.. ~ .----1 . , . J I l <I-!/, . '---/ /1/ :-. ,··--"', I?_::;..-0 0 1;:'-"-.. '>-._) -'L..I---v 1 l / I..-· ' G· -~ '-L' , I 1 Robert E. LeResche, Executive Director Date Alaska Energy Authority Sincerely, ~kk~-u Veronica Gilbert Regional Manager VG:DP:db/tidelanlse.ext cc: David R. Eberle, Project Manager, AEA Tom Arminski, AEA Larry Ostrovsky, CO Harvey Elwin, Bechtel/Dames & Moore Norm Bishop, SWEC Richard B. Thompson, SCRO Dave Perez, SCRO -··~ ,.. ... -· . ·- • ~ • t ·-·-i : t. ',. •, •I ·~ ·,• I ,, /: '• \ I I • 1 , • I , ' \ I J f.. rD1~!~ll~'f[\ Ul:.~~~~::~~~~~~ tfl! MAR 1 2 i9C0 -tYr DIVISION OF LAND AND WATER MANAGEMENT ALASKA E'!E!iCY SOUTHCENTRAL REGION r-1arch g;ulj_~~·Q'TY Mr. Robert E. LeResche Executive Director Alaska Energy Authority P.O. Box 190869 Anchorage, Alaska 99519-0869 PMr ~~~. 4 ~ Sf£1/[ COWPER, GO~'ERIVOR ..., 3601 C STREET BOX 107005 ANCHORAGE. ALASKA 99510-7005 PHONE: (907)561-2020 Re: Bradley Lake Hydroelectric Project No. 8221-00 ADL 222656, Letter of Entry, Uplands Lease ADL 222567, Letter of Entry, Tidelands Lease Dear Mr. LeResche: Enclosed are copies of the executed Letter of Entry for the upland and tideland leases for the Bradley Lake Hydroelectric Project. Please note that the expiration date on both Letters of Entry is March 1, 1991. If you have any questions concerning this action please contact Dave Perez at 762-2270. Sincerely, Veronica Gilbert Regional Manager By~!~ Natural Resource Officer VG:DP:dbjaealtr.ext Enclosure cc: , Project Manager, AEA Tom Arminski, AEA Dave Trudgen, AEA Larry Ostrovsky, co Harvey Elwin, Bechtel/Dames & Moore Norm Bishop, SWEC '...- DEPARTltiEST OF l\IAT(.TRAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT SOUTHCENTRAL REGION February 20, 1990 HE(CRD COPY f=a_:: "~JO 3601 C STREET BOX 107005 ANCHORAGE. ALASKA 99510-7005 PHONE: (907) 561-2020 CERTIFIED MAIL #P 580 611 071 RETURN RECEIPT REQUESTED Mr. Robert E. LeResche Executive Director Alaska Energy Authority P. o. Box 190869 Anchorage, AK 99519-0869 Re: ADL 222656, Letter of Entry, Uplands Lease Bradley Lake Hydroelectric Project No. 8221-000 Gentlemen: The Division of Land and Water Management (DLWM) hereby authorizes the Alaska Energy Authority to enter onto lands located within NW 1/4 SE 1/4, E 1/2 SW 1/4, E 1/2 SE 1/4 NW 1/4, Section 9, Township 5 South, Range 10 West, Seward Meridian, for the purpose of constructing the Bradley Lake Hydroelectric Project. Entry and construction shall be in accordance with the above referenced application, plans and specifications incorporated in the Federal Energy Regulatory Commission (FERC) license issued December 31, 1985, and with all applicable state statutes and regulations. This Letter of Entry authorization supercedes the Letter of Entry issued on February 22, 1989 and is intended to contain all amendments approved since the original Letter of Entry was issued on May 12, 1986. This document, returned with your signature to DLWM, will indicate acceptance of this entry authorization. This authorization expires March 1, 1991. This Letter of Entry is subject to the following stipulations: DEFINITIONS 1. Division of Land and Water Management is referred to hereinafter as DLWM. 2. The Alaska Energy Authority and its authorized agents, representatives and employees are hereinafter referred to as AEA. "DLWM Regional Manager (RM)" means the Southcentral Regional Manager of the Division of Land and Water Management (DLWM), or a person delegated to exercise that authority. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 2 4. "DLWM Field Representative (DLWMFR)" means the "on- site" representative of the RM who has been delegated the authority as contained in these special stipulations. 5. "Alaska Energy Authority Environmental Field Officer (AEAEFO)" 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 the status plats which are attached and made a part hereof. GENERAL STIPULATIONS 7. AEA shall comply with all measures as agreed to in the Mitigation Plan, including any future changes. 8. Indemnification of the DLWM. The applicant shall enter and commence construction at its own risk, shall indemnify the State of Alaska against and hold it harmless from any and all claims, demands, suits, loss, liability, and expense for injury to or death of persons and damage to or loss of property arising out of or connected with the exercise of the privileges covered by this Letter of Entry. 9. 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). b) The permittee may not assign, sublease or transfer, in part or whole, the permit to another party. c) AEA may regulate public access within the project area during construction as required to facilitate operations and protect the public. 10. 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. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 3 11. 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 Letter of Entry, of from any wrongful or negligent act of the AEA, its officers, agents, employees, contractors, subcontractors or their personnel. SPECIFIC STIPULATIONS 12. 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 DLWMFR so that the condition thereof, in the judgement of the DLWMFR, is at least equal to the condition thereof immediately prior to the harm, damage or destruction. The AEA shall immediately cease activity andjor 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 permittee 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 permittee shall ensure that the stream banks are restored to preconstruction integrity during the construction season in which they are damaged. d) The permittee 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 Mitigation Plan. If any scarring or damage occurs outside of approved areas as a result of the permittee's operations, the areas shall be repaired and reseeded, or otherwise corrected as necessary to the R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 4 satisfaction of the Regional Manager. It is recommended that the State of Alaska Plant Material Center in Palmer be contacted for the most appropriate seed mix to use. 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 DOF guidelines and with the plans required by the FERC license and agency permits. Timber clearing shall be coordinated with DOF 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. i) 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. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 5 13. Right of DLWM to Perform. If, after thirty days (or in an emergency, a shorter period as is not unreasonable) following a written demand by the RM, the AEA, its agents, contractors or subcontractors fail or refuse to perform any action required by this Letter of Entry or by the RM, DLWM shall have the right, but not the obligation, to perform any action required by this Letter of Entry or by the RM, at the sole expense of the AEA. Before delivery of a written demand, DLWM will confer with AEA, if practicable to do so, regarding the required action that is included in the demand. 14. AEA Environmental Field Officer. AEA shall designate, and have available at all times during construction, operation, and maintenance activities, an Environmental Field Officer (EFO), or the EFO's designated representative, with authority to assure compliance with the Letter of Entry, and with the authority to modify or suspend any field activities. 15. The right of DLWM to rescind. The DLWM reserves the right to rescind this Letter of Entry for adequate cause. 16. 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 Project Manager will attempt to agree as to what revisions or amendments shall be made. If they are unable to agree, the DLWM Director shall have final authority to determine those revisions or amendments to be made. b) AEA shall notify and obtain approval from the DLWM 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 R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 6 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. 17. Valid Existing Rights. This Letter of Entry, 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 Letter of Entry and DLWM makes no representations or warranties whatsoever, either express or implied, as to the existence, number, or nature of any valid existing rights. 18. DLWM 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. Field inspections shall be conducted as required during construction activities. Once the project is operational, a field inspection will be conducted at lease once every two years. Any deviation from the approved plans or this authorization may require additional field inspections. 19. Construction Schedule. Upon startup, and whenever requested by the DLWM, 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 quarterly. 20. Requests for Data. For purposes of information and review, DLWM 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 Letter of Entry. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 7 21. Temporary Construction Landing Site and Permanent Project Airstrip. a) Airstrip construction and maintenance shall adhere to all laws, regulations, and standards as set forth by the Federal Aviation Administration (FAA) and State Department of Transportation and Public Facilities (DOTPF). The exclusive use of the airstrips shall be limited to AEA, its officers, agents, employees, contractors, subcontractors or their personnel for the duration of the construction project. Emergency landings will be permitted. b) Information shall be submitted to the FAA Alaska region, A.A.L. 620, 701 c Street, Box 14, Anchorage, Alaska 99513-0087 requesting that the airstrip be charted as "Restricted" and that the Alaska Supplement include the Bradley Lake Airstrip. c) The AEA shall be liable for all activity taking place on both temporary construction and permanent project airstrips. 22. 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 at 561-2020. 23. Surveys/Appraisals. a) Upon expiration of the LOE, the AEA will, at its own expense, provide an as-built survey showing the location of the improvements and all boundaries within the lease area. The survey must be in accordance with: "General Survey Instruction Requirements", which may be requested from the Cadastral Survey Section of the DLWM, Department of Natural Resources. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 8 b) 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 DLWM, Department of Natural Resources. c) Upon expiration of this LOE, the AEA will, at its own expense, provide an appraisal at fair market value, conducted in strict accordance and. consultation with appraisers of DLWM. 24. Fuel/Hazardous Materials and Solid Waste. a) On site disposal of solid and hazardous water requires approval of the Alaska Department of Environmental Conservation (11 AAC 60.010) unless such waste is hauled out and disposed in an approved disposal site. b) 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. Discharge of oil or other pollutants is a violation of state law and regulations. The AEA shall give immediate notice of any discharge of oil or other pollutants to the Department of Environmental Conservation, State of Alaska. c) Use of petroleum products or by-products for dust suppression is not permitted. d) 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 extraction operations. e) 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. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 9 f) 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. g) The AEA is responsible for cleaning up any oil spills or other pollutants which result form activities associated with the Letter of Entry. h) All waste generated during construction, operation, maintenance and termination activities under this Letter of Entry 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. i) 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. 25. 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 Letter, 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. 26. Revocation, Termination or Abandonment. Upon revocation or termination of this Letter of Entry or abandonment of any section of the project area, AEA shall remove all improvements andjor restore the land to the satisfaction of DLWM. R. E. LeResche, Executive Director ADL 222656, Letter of Entry Page 11 I, having read this Letter of Entry and the special stipulations, hereby agree that the AEA will abide by the requirements of this Letter of. Entry and th.e attached special stipulati;rs. /~ &-+:/{)d~ 3/r//o /t-'Robert E. LeResche, Executive Director u Alaska Energy Authority Sincerely, Veronica Gilbert Regional Manager VG:DP:dbjuplanlse.ext cc: David R. Eberle, Project Manager, AEA Tom Arminski, AEA Larry Ostrovsky, CO Harvey Elwin, Bechtel/Dames & Moore Norm Bishop, SWEC Richard B. Thompson, SCRO Dave Perez, SCRO Date .. · [ I·· RECEIVED S T ~ T E 0 F A L A S K A SEP 2 31986 ·swec-~CHORAGE DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT RECORD COPy •19 /15/1 986 3601 C ST., PO BOX 7{R{r;;;?(r: . ' . -?~ CERTIFIED MAIL ¢ 5Cf(J 'f'ff ~03 ANCHORAGE, AK. 9951 ~~ i~1U \!.1 ·f?.: 0 RETURN F:ECEIPT REQUESTED PHONE: 907-561-2020 AK FO~ER AUTH.DCED 701 E TUDOR RD f.FP 1 7 1986 ALASKA POWER AUTHORfTY PO BOX ~ 9f)869 ANCHORAGE, AK. 99519 RE. WATER R1G~TS PE~MIT LAS 69"18 ENCLOSED IS YOUR PERMIT TO APPROPRIATE WATEk. THIS PERMIT ALLOWS YOU TO DEVELOP A WAfER SOURCE AND WATER USE AS INDICATED: HO~EVER IT !S NOT THE FINAL STEP IN OBTAINING YOUR WATER RIGHTS . ONCE YOU HAVE: ESTt~I-<LISHED YOUR WATER USE. !T IS NECESSAin· THAT YOU NOTIFY OUR OFFICE IN ORDER TO OBTAIN A PERMANENT WATER RIGHTS •cERTIFICATE OF APPROPRIATION•. IF YOU DRILL A WELL. YQU WILL ~EED TO SUBMIT A COPY OF THE DRILLERS LOG FOR THE WELL. PLEASE BE ADVISED THAT OUR APPROVAL DOES NOT RELIEVE YDU OF THE RESPONSIBILITY OF SECURING OTHER ~ERMITS: STATE. FEDERAL. OR LOCAL. FOR !NFORMA~ION CONT~CT:ALASKA PERMIT INFORMATION CENTER 437 E ST., SUITE 200 ANCHORAGE. AK. 99501 PHONE: 907-279-0254 PLEA;~ ~E~D OVER YOUR PERHlT CAREFULLY AND NOTE THE EXPIRATION DATE. IF YOU AL~O~ YOUR PERMIT TO EXP!RE AND FAIL TO NOTIFY US. YOUR CASE ~AY PE· SUBJECT TO TERMINATION WITHOUT FURTHER NOTICE. IF YOU HAVE ANY QUESTIONS ABOUT !OUR PERMIT OR WATER RIGHTS IN GENERAL. PLEASE CONTACT US. SINCERELY, MARGARET J. HAYES SOUTHCENTRAL REGIONAL MANAGER , •"-'. •'-· .; -~ .u .. ;f'Y:~k.~ SBORAH ~. HEEBNER , · . i TURAL r.:ESOuf.:Cf O~F ICEf.: ·< ·~;~CLOSURE ------;---·---·· r' ' STriTE OF ALASY.A DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER' MANAGEMENT PERMIT TO APPROPRIATE WATER LAS 6998 THE STATE OF ALASKA UNDER AS 46.15, THE ALASKA WATER USE ACT. AND THE REGULATIONS ADOPTED .UNDER IT. GRANTS TO: AK POWER AUTH.DCED 701 E TUDOR RD PO BOX 190869 ANCHORAGE. ~K. 99519 THE RIGHT TO DEVELOP THE USE OF WATER FROM THE FOLLOWING SOURCE: A) DRILLED WELL WITH A PRIORITY DATE iJF 03/26i1986 B) DF:{LLED WELL WITH A F'RIOF:ITY t•ATE OF 03/26/1986 320•3. 0 GAL/DAY FOR HEii\iY CONSTRUCT JAN 'H THRU i)EC 31 THE LOCATION TO WHICH THIS WATER RIGHT APPERTAINS I<"· .., . BRADLEY LAKE HYDROELECTR!C PROJECT PERMANENT FACILITIES SITE. SAID SITE LOCATED WITHIN NE1/4NW1/4 PARTIALLY SURVEYED SECTION 2. TOWNSHIP S SOUTH, RANGE 10 WEST. SEWARD MERIDIAN • . fHE LCC;~TIOi'J OF ·n~E WATER SOURCES ARE TwO DRILLED WELLS. BOTH 60 FEET DEEP. WITHIN SW1/4NW1/4NE1/4NW1/4 PARTIALLY SURVEYED S~CTION 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 REG~L~TIONS !N 11 AAC 93. AND THE FOLLOWING CONDITIONS: THE HOLDER OF THIS PERMIT SHALL: ~~LLOW ACCEPTABLE ENGINEERING STANDARDS IN EXERCISING THE WATER RIGHT ~NTED BY THIS CERTIFICATE. ~. . DEFF.ND AND INDEMNIFY THE STATE AGAINST AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LEGAL ACTIONS, LOSS, LIABILITY AND EXPENSE FOR INJURY TO OR DEATH 0F PERSONS AND DAMAGES TO OR LOSS F'AGE J .l .J .J PERMIT TO APPROPRIATE WATER LAS 6998 r- OF PROPERTY ARISING OUT OF OR CONNECTED WITH THE EXERCISE OF THE r· WATER RIGHT GRANTED BY THIS CERTIFICATE. COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS AND CONDITIONS. ~-rWTIFY THE DIVISION OF LAND AND WATER MANAGEMENT, DEF'!'~RTMENT OF I NATURAL RESOURCES OF ANY CHANGE OF ADDRESS OF THE GRANTEE OR TRANSFER OF ANY REAL PROPERTY IDENTIFIED IN THIS DOCUMENT. SATISFY THE DRINKING WATER REGULATORY REQUIREMENT= ~ ~8 AAC 80.010 ) AND HAVE AN APPROVED ~ASTE WATER DISPOS~L SYSTEM IN EXISTENCE C 18 AAC 72 ), WHEN USE IS MADE OF THE WATER. :'+ SUBMIT TO THE DIVISION ALL WELL LOGS ASSOCIATED WITH THE DEVELOPMENT OF MONITORING WELLS OR ANY OTHER WELLS DEV~LOPED FOR THIS WATER RIGHT. L THI: PERMIT SHALL EXPIRE ON 03/27/1991 \I ·;r~ PE~n.;!;. TO. AF'~'RO~'F<I.A~; w~:E~. IS ISSU[J) f::,Y ~UTHORITY OF _, .6.1_·_ ·~-t<0 AND '1 HAC .· .;,.1..:..0 ~N ·--·--~-1~+-·----,191"-·-~ - .·--=-- AF'F'ROVED' -~r-o-~---~---------- TITLE: ·--~C---.W~-~-..o£ft~~------DIVISION OF LAND AND WATER MANAGEMENT STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT AMENDED TEMPORARY Water Use Permit TWP 90-9't Pursuant to AS 46.15, as amended and the rules and regulations promulgated thereunder, permission is hereby granted to: Alaska Energy Authority, Department of Commerce and Economic Development, PO Box 190869, Anchorage, Alaska 99519-0869, to appropriate water for the general purpose of domestic use, concrete batching, dust control, compaction and other construction uses associated with the Bradley Lake Hydroelectric Project upper concrete batch plant, located within the SW\ of unsurveyed Section 7, Township 5 South, Range 9 West, Seward Meridian. The quantity and point of take from the water source is 66,000 gallons per day from Upper Batch Plant Creek located within the SW% of unsurveyed section 7, Township 5 South, Range 9 West, seward Meridian. structures to be constructed and used are pumps, dust control equipment, and intake screens. Changes in the natural state of water shall be as stated herein and for the purposes indicated only. During the effective period of this permit, the permittee shall comply with the following conditions: CONDITIONS: 1. Follow acceptable engineering standards in exercising the rights granted herein. 2. Comply with all applicable laws, and any rules andjor regulations issued thereunder. 3. Indemnify the State against and hold it harmless from any and all claims, demands, suits, 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 of the privileges covered by this permit. 4. Notify the Alaska Division of Land and Water Management upon CHANGE OF ADDRESS. 5. No water right or priority is established by this temporary water use permit (11AAC 93.210(b)). 6. Satisfy the drinking water regulatory requirements (18 AAC 80.010) and have an approved waste water disposal system in existence (18 AAC 72) when use is made of the water. Any discharge to state waters made subsequent to these water appropriations shall comply with the Alaska Water Quality Standards. 7. All intake structures should be screened to protect anadromous or resident species of fish. The Division of Land and Water Management may suspend operations effected under this permit whenever such suspension shall in its judgment be necessary to protect the public interest or that of a prior appropriator. This permit shall expire ---=J~u~l~Y~2~7 _______________________ ,-=1~9~9al ______ _ Date issued --~~~~~~~1 ________________ ,~,_~8-~------- APPROVED: aea90.9 Gary Pr k sch Department of Natural Resources Division of Land and Water Management STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT ·I TWP 90-8 A AMENDED TEMPORARY water Use Permit Pursuant to AS 46.15, as amended and the rules and regulations promulgated thereunder, permission is hereby granted to: Alaska Energy Authority, Department of Commerce and Economic Development, PO Box 190869, Anchorage, Alaska 99519-0869, to appropriate water for the general purpose of domestic use, concrete hatching, dust control, compaction and other construction uses associated with the Bradley Lake Hydroelectric Project lower concrete batch plant, located within the NW\ of unsurveyed Section 2, Township 5 South, Range 10 West, Seward Meridian. The quantity and point of take from the water source is 70,000 gallons per day from Lower Batch Plant Creek located within the NW\ of unsurveyed Section 2, Township 5 South, Range 10 West, Seward Meridian. Structures to be constructed and used are pumps, dust control equipment, and intake screens. Changes in the natural state of water shall be as stated herein and for the purposes indicated only. During the effective period of this permit, the permittee shall comply with the following conditions: CONDITIONS: 1. Follow acceptable engineering standards in exercising the rights granted herein. 2. Comply with all applicable laws, and any rules and/or regulations issued thereunder. 3. Indemnify the state against and hold it harmless from any and all claims, demands, suits, 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 of the privileges covered by this permit. 4. Notify the Alaska Division of Land and Water Management upon CHANGE OF ADDRESS. 5. No water right or priority is established by this temporary water use permit (11AAC 93.210(b)). 6. satisfy the drinking water regulatory requirements (18 AAC 80.010) and have an approved waste water disposal system in existence (18 AAC 72) when use is made of the water. Any discharge to state waters made subsequent to these water appropriations shall comply with the Alaska Water Quality Standards. 7. All intake structures should be screened to protect anadromous or resident species of fish. The Division of Land and Water Management may suspend operations effected under this permit whenever such suspension shall in its judgment be necessary to protect the public interest or that of a prior appropriator. This permit shall expire ---=J~u~l~Y~2~7 _______________________ ,-=1=9=9~1 ______ _ Date issued --~~~~~~61---------------'~(~''~'----- APPROVED: aea90.8 Department of Natural Resources Division of Land and Water Management STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT AMENDED TEMPORARY Water Use Permit TWP 90-5~ Pursuant to AS 46.15, as amended and the rules and regulations promulgated thereunder, permission is hereby granted to: Alaska Energy Authority, Department of Commerce and Economic Development, PO Box 190869, Anchorage, Alaska 99519-0869, to appropriate water for the general purpose of domestic use, concrete batching, dust control, compaction and other construction uses associated with the Bradley Lake Hydroelectric Project permanent camp and lower concrete batch plant located within unsurveyed Sections, 35 and 36, Township 4 South, Range 10 West: and unsurveyed Sections 2 and 3, Township 5 South, Range 10 West, Seward Meridian. The quantity and point of. take from the water source is 42,000 gallons per day for heavy construction use and 3,000 gallons per day for domestic use from Powerhouse Creek within the NW\ of unsurveyed Section 2, Township 5 South, Range 10 West, Seward Meridian. The total appropriation from this source shall not exceed 45,000 gallons per day. Structures to be constructed and used are pumps, dust control equipment, and intake screens. Changes in the natural state of water shall be as stated herein and for the purposes indicated only. During the effective period of this permit, the permittee shall comply with the following conditions: CONDITIONS: 1. Follow acceptable engineering standards in exercising the rights granted herein. 2. Comply with all applicable laws, and any rules andjor regulations issued thereunder. 3. Indemnify the State against and hold it harmless from any and all claims, demands, suits, 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 of the privileges covered by this permit. 4. Notify the Alaska Division of Land and Water Management upon CHANGE OF ADDRESS. 5. No water right or priority is established by this temporary water use permit (11AAC 93.210(b)). 6. Satisfy the drinking water regulatory requirements (18 AAC 80.010) and have an approved waste water disposal system in existence (18 AAC 72) when use is made of the water. Any discharge to state waters made subsequent to these water appropriations shall comply with the Alaska Water Quality Standards. 7. All intake structures should be screened to protect anadromous or resident species of fish. The Division of Land and Water Management may suspend operations effected under this permit whenever such suspension shall in its judgment be necessary to protect the public interest or that of a prior appropriator. This permit shall expire __ -:J~u~l~Y~2~7~ _____________________ ,_.1~9~9.l ______ _ Date issued --~~~~~~%~]~----------------'~11_,~1 ____ __ aea90.5 APPROVED: n~ d ~ Gary Proltosch Department of Natural Resources Division of Land and Water Management STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT AMENDED TEMPORARY Water Use Permit TWP 90-7A Pursuant to AS 46.15, as amended and the rules and regulations promulgated thereunder, permission is hereby granted to: Alaska Energy Authority, Department of Commerce and Economic Development, PO Box 190869, Anchorage, Alaska 99519-0869, to appropriate water for the general purpose of domestic use, concrete batching, dust control, compaction and other construction uses associated with the Bradley Lake Hydroelectric Project upper construction camp and upper concrete batch plant, located within unsurveyed Section 7, Townshipe 5 South, Range 9 West, Seward Meridian. The quantity and point of take from the water source is 66,000 gallons per day for industrial use and 25,000 gallons per day for domestic use from 3 unnamed lakes located within the S\ of unsurveyed Section 7, Township 5 South, Range 9 West, Seward Meridian. The total appropriation from this source shall not exceed 91,000 gallons per day. Structures to be constructed and used are pumps, dust control equipment, and intake screens. Changes in the natural state of water shall be as stated herein and for the purposes indicated only. During the effective period of this permit, the permittee shall comply with the following conditions: CONDITIONS: 1. Follow acceptable engineering standards in exercising the rights granted herein. 2. Comply with all applicable laws, and any rules andjor regulations issued thereunder. 3. Indemnify the State against and hold it harmless from any and all claims, demands, suits, 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 of the privileges covered by this permit. 4. Notify the Alaska Division of Land and Water Management upon CHANGE OF ADDRESS. 5. No water right or priority is established by this temporary water use permit (11AAC 93.210(b)). 6. Satisfy the drinking water regulatory requirements (18 AAC 80.010) and have an approved waste water disposal system in existence (18 AAC 72) when use is made of the water. Any discharge to state waters made subsequent to these water appropriations shall comply with the Alaska Water Quality Standards. 7. All intake structures should be screened to protect anadromous or resident species of fish. The Division of Land and Water Management may suspend operations effected under this permit whenever such suspension shall in its judgment be necessary to protect the public interest or that of a prior appropriator. This permit shall expire ---=J~u~l~Y~2~7~ ________________________ ,_.149=9=1 ____ _ Date issued aea90.7 APPROVED: Department of Natural Resources Division of Land and Water Management STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT AMENDED TEMPORARY Water Use Permit TWP 90-6 It Pursuant to AS 46.15, as amended and the rules and regulations promulgated thereunder, permission is hereby granted to: Alaska Energy Authority, Department of Commerce and Economic Development, PO Box 190869, Anchorage, Alaska 99519-0869, to appropriate water for the general purpose of concrete batching, dust control, compaction, to allow for the removal of sediment from the power tunnel during power tunnel construction uses associated with the Bradley Lake Hydroelectric Project permanent camp, powerhouse, lower concrete batch plant and power tunnel construction, located within unsurveyed Sections 1, 2, 3, and 12, Township 5 South, Range 10 West; and unsurveyed Sections 6, 7, and 8, Township 5 South, Range 9 West, Seward Meridian. The quantity and point of take from the water source is 5,000 gallons per minute from the power tunnel drainage located within the N~ of unsurveyed Section 2, Township 5 South, Range 10 West, Seward Meridian. Structures to be constructed and used are pumps, dust control equipment, and intake screens. Changes in the natural state of water shall be as stated herein and for the purposes indicated only. During the effective period of this permit, the permittee shall comply with the following conditions: CONDITIONS: 1. Follow acceptable engineering standards in exercising the rights granted herein. 2. Comply with all applicable laws, and any rules andjor regulations issued thereunder. 3. Indemnify the State against and hold it harmless from any and all claims, demands, suits, 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 of the privileges covered by this permit. 4. Notify the Alaska Division of Land and Water Management upon CHANGE OF ADDRESS. 5. No water right or priority is established by this temporary water use permit (llAAC 93.210(b)). 6. satisfy the drinking water regulatory requirements (18 AAC 80.010) and have an approved waste water disposal system in existence (18 AAC 72) when use is made of the water. Any discharge to state waters made subsequent to these water appropriations shall comply with the Alaska Water Quality Standards. 7. All intake structures should be screened to protect anadromous or resident species of fish. The Division of Land and Water Management may suspend operations effected under this permit whenever such suspension shall in its judgment be necessary to protect the public interest or that of a prior appropriator. This permit shall expire ---=J~u-l~Y~2u7 _________________________ ,~1&9&9_1 ______ _ Date issued --~~~~-·~~-----------------'~'~i8~'~---- APPROVED: aea90.6 G~~li:d-.L.. Department of Natural Resources Division of Land and Water Management STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT AMENDED TEMPORARY Water Use Permit TWP 90-10A Pursuant to AS 46.15, as amended and the rules and regulations promulgated thereunder, permission is hereby granted to: Alaska Energy Authority, Department of Commerce and Economic Development, PO Box 190a69, Anchorage, Alaska 99519-0a69, to appropriate water for the general purpose of dust control, compaction and other construction uses associated with the Bradley Lake Hydroelectric Project damsite construction camp, located within the NW\ of unsurveyed Section a, Township 5 South, Range 9 West, seward Meridian. The quantity and point of take from the water source is 10,000 gallons per day from Lake El. 1205.5 located within the NW\ of unsurveyed Section a, Township 5 South, Range 9 West, Seward Meridian. Structures to be constructed and used are pumps, dust control equipment, and intake screens. Changes in the natural state of water shall be as stated herein and for the purposes indicated only. During the effective period of this permit, the permittee shall comply with the following conditions: CONDITIONS: 1. Follow acceptable engineering standards in exercising the rights granted herein. 2. Comply with all applicable laws, and any rules andjor regulations issued thereunder. 3. Indemnify the State against and hold it harmless from any and all claims, demands, suits, 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 of the privileges covered by this permit. 4. Notify the Alaska Division of Land and Water Management upon CHANGE OF ADDRESS. 5. No water right or priority is established by this temporary water use permit (11AAC 93.210(b)). 6. Satisfy the drinking water regulatory requirements (18 AAC 80.010) and have an approved waste water disposal system in existence (18 AAC 72) when use is made of the water. Any discharge to state waters made subsequent to these water appropriations shall comply with the Alaska Water Quality Standards. 7. All intake structures should be screened to protect anadromous or resident species of fish. The Division of Land and Water Management may suspend operations effected under this permit whenever such suspension shall in its judgment be necessary to protect the public interest or that of a prior appropriator. This permit shall expire ____ J~u~l~Y~2~7~------------------------'-A1~9~9~1~------ Date issued ~~ ., ,~1~~~'~1 ____ _ aea90.10 APPROVED: )";J~ \ ~L,_ Gary Prokbsch Department of Natural Resources Division of Land and Water Management f [ l ;L. ... #. ! . ·-' } ; : i : .-...... : .... : ... , ~ . · ... -. --..... --~ ..., . . ---·· """" OEf•ART"IEXT OF~ ATl'l{.t\L I:.ESOl'I:CES DIVISION Qf (.ArJJlJ.fi.J/ W4~R MANAGEMENT i) t: v t: ls'()fir-..tCENTRAL REGION October 1, 1986 BtLL SHEFFIELD. GOVERNOR 3601 C STREET BOX 7 005 ANCHORAGE. ALASKA 99$10.7005 PHONE:C901) 561·2020 OCT r i 1986 A1JSKA POWER AUTHORfrt CERTIFIED MAIL P 540 499 212 RETURN RECEIPT REQJESTED Mr. Robert D. Heath, Executive Director Alaska Power Authority P.O. Box 190869 Anchorage, Alaska 99510-0869 Re: Letter of Entry; ADL 223192 Right-of-Way Permit Application Bradley Lake Hydroelectric Project No. 8221-000 Dear Mr. Heath: The Division of Land and Water Management (DLWM) hereby authorizes the Alaska Power Authority entry onto state lands for the purpose of constructing an electric power transmission line with a right-of-way ~easuring 350 feet and 400 feet width for approximately 11.2 miles and 4.7 miles respectively for a right-of-way equaling 763.6+ acres including those extra widths necessary to accomodate guying cables at-certain points of intersection and tangent structures. The state lands which encompass this right-of-way are described as follows and shown on the attached maps: SWl/4 Sec. 27; Sl/2 Sec •.. 28; Sl/2Nl/2, Nl/2Sl/2 Sec. 29; Nl/2 Sec. 30; Nl/2 Sec. 34; Wl/2, SEl/4 Sec. 35; Sl/2 Sec. 36; T3S, RlOW, S.M. SEl/4 Sec. 21, Sl/2 Sec. 22, Sl/2 Sec. 23, Nl/2 Sec. 25, NEl/4 Sec. 26, Nl/2 Sec. 28, Nl/2 Sec. 29; T3S, RllW, S.M. NWl/4, SEl/4 Sec. 6; NEl/4 Sec. 7; Wl/2 Sec. 8; Wl/2 Sec. 17; SEl/4 Sec. 19; Wl/2 Sec. 20; NEl/4, Sl/2 Sec. 30; NWl/4 Sec. 31; T4S, R9W, S.M. NEl/4 Sec. 1; SEl/4 Sec. 35; Sec. 36; T4S, RlOW, S.M. Access to these project lands must be authorized by DLWM under separate applications. Entry and construction shall be in accordance with the above referenced application, plans and specifications incorporated in the Federal Energy Regulatory Commission (FERC) license issued December 31, 1985, and with all applicable state statu~es and regulations (Administrative Codes). This document, returned with your signature to DLWM, will indicate acceptance of · this entry authorization. It is the intent of the Department of Natural Resources to issue a Right-of-Way Permit, upon the receipt of a final as-built survey. This authorization is subject to the following stipulations: Mr. Robert D. Heath, Executive Director October 1, 1986 Page 2 ·~. I. DEFINITIONS A. "DLWM Authorized Officer (AO)" means the Southcentral Regional Manager of the Division of Land and Water Management (DLWM), or a person delegated to exercise her authority. B. "DLWM Field Representative (DLWMFR)" means the "on-site" representative of the AO who has been delegated the authority as contained in these special stipulations. C. The Alaska Power Authority and its authorized agents, representatives and employees are hereinafter referred to as the APA. D. "Alaska Power Authority Environnental Field Officer (APAEFD)" means the person designated by the APA to coordinate activities with other federal, state and local agencies, as well as the APA's contractors. E. F. "Project Area" means the state managed lands measuring 350 feet and 400 feet width for approximately 11.2 mile~ and 4.7 miles respectfully for a right-of-way equaling ~3.6! acres (ADL 223192) including those extra widths necessary to accomodate guying cables at certain points of intersection and tangent structures. ~~ "Muskeg'A_a grassy bog of partially decayed vegetable matter occuring in wet boreal regions. II. GENERAL STIPULATIONS A. Federal, State and Local Laws and Regulations 1. APA 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. APA shall comply with all measures as agreed to in the Mitigation Plan, including any future changes. B. Damages 1. APA, it's officers, agents, employees, contractors, subcontractors and their personnel shall indemnify and hold harmless the State of Alaska, it's officers, agents and employees from all demands, claims, legal actions, losses and liabilities, including cost and expenses, arising from negligent acts of APA it's officers, agents, employees, contractors, subcontractors a~d their personnel in complying with the provisions of this Letter of Entry. \ ' ' ~, '"l 'I t j ;:j ·'·_ ~ ) J J ] . J ·:1·] l _j J A J J ·l i ~~ ., ;. .S ("""'' r l c • i ' Mr. Robert D. Heath, Executive Director October 1, 1986 Page 3 c. D. E. 2. APA, it's 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 Letter of Entry, or from any wrongful or negligent act of APA, it's officers, agents, employees, contractors, subcontractors, or their personnel. 3. Any structure, property, or land harmed, damaged or destroyed by APA, it's officers, agents, employees, contractors, subcontractors and their personnel during the construction, operation, or maintenance of the project snall be reconstructed, repaired, and rehabilitated, as may be required by the AD, by APA as soon as within 60 days or as soon as practicable, so that the condition thereof, in the judgment of the AD, is at least equal to the condition thereof immediately prior to the harm, damage or destruction. APA shall immediately cease activity and/or eliminate any condition existing or occuring 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 letter of entry. Right of OLWM to Perform If, after thirty days (or in an emergency, a shorter period as is not unreasonable) following a written demand by the AO, APA, it's agents, contractors or subcontractors fail or refuse to perform any action required by this Letter of Entry or by the AO, OLWM shall have the right, but not the obligation, to perform any such action at the sole expense of APA. Before delivery of a written demand, OLWM will confer with APA, if practicable to do so, regarding the required action that is included in the demand. Alaska Power Authority Environmental Field Officer APA shall designate an environmental field representative (APAEFO) to coordinate activities with other federal, state and local agencies; and with the authority to assure compliance with this Letter of Entry and to modify or suspend any field activities. Resolution of Conflict Procedure If the DLWMFR and. the APAEFO are unable to reach agreement concerning a field activity, the activity will be immediately suspended by the APAEFO under direction of the DLWMFR, and the activity in question will be referred to the AO and the APA Project Manager. If these parties are unable to reach agreement, the matter will be resolved by Mr. Robert D. Heath, Executive Director October 1, 1986 Page 4 the DLWM Director and APA Executive Director. Any suspended activity shall not resume until written authorization from the AO or the DLWM Director is received by APA. 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 APA Project Manager will attempt to agree as to what revisions or amendments shall be made. If they are unable to agree, the DLWM Director shall have final authority to determine those revisions or amendments. G. Reservation of Certain Rights to DLWM 1. There is reserved to DLWM 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 DLWM grants an additional right-of-way for a compatible use, DLWM will notify APA of its intentions and shall consult with APA 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 Letter of Entry will not unduly interfere with the management, administration, or disposal by DLWM of the land affected by this Letter, and APA agrees and consents to the occupancy and use by DLWM, its grantees, lessees, and permittees, of any part of the right-of-way not ~ctually occUpied or required by APA for full and safe utilization of the project. H. Valid Existing Rights This Letter of Entry, 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 Letter of Entry and DLWM makes no representations or warranties whatsoever, either express or implied, as to the existence, number, or nature of any valid existing rights. I. DLWM Transportation Upon reasonable notice the APA will provide transportation for DNR p~rsonnel f~om Homer to the project site, includin~ transportation on s1te, for f1eld inspection of the project area. F1eld inspections shall be conducted as required during constructio~ctivities. Any deviation from the approved plans and/or this authorization may require additional field inspections. l i } J J J J I Mr. Robert D. Heath, Executive Director October. 1, 1986 Page 5 J. Construction Schedule Before commencement of construction, and whenever requested by the OLWMFR, APA shall submit a schedule of it's construction activities, relative to this LOE, to the OLWMFR. During the course of construction, this schedule shall be revised and updated, and re-submitted when major changes occur. K. Requests for Data For purposes of information and review, DLWM at any time during normal business hours, may require APA to furnish data related to preconstruction, construction, maintenance, op~ration or termination activities undertaken in connection with the transmission line and it's related facilities. APA shall furnish the required data as soon as possible, or as otherwise required under the terms of this Letter of Entry. L. Report Requirement A construction progress report shall be submitted monthly after construction begins. This report shall contain all new information related to the following: 1. The place, time and progress of construction activities and anticipated schedule of remaining operations. 2. A depiction on a USGS tope map of the routes used for access to the project right-of-way and a description of the soil conditions of these routes (.see VIII Access). . 3. A list of vehicles used for any off road travel which may take place. 4. A report covering any known incidents of wetland/muskeg damage and follow-up corrective measures that may have taken place while operating under this letter. 5. The APA will make available copies of Monthly Progress Reports and centerline surveys prepared while operating under this letter. M. Antiquities and Historical Sites If, in connection with any of the activities authorized under this Letter of Entry, APA, it's 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 APA, and the DLWMFR shall .be immediately notified. If necessary, APA will coordinate with the State Historic Preservation Officer, in h .. \ · ... _ '·· Mr. Robert D. Heath, Executive Director October 1, 1986 Page 6 consultation with DLWM, 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. N. Survey 1. Within one year after completion of construction, APA will, at it's own expense, provide a certified "as-built" survey showing the location of the right-of-way. The survey must be in accordance with "Utility Easement Surveys: General Survey Instruction Requirements", which are Attachment Ul to these special stipulations. The "as-built" survey shall be submitted to the Department of Natural Resources, Division of Geological and Geophysical Serveys, Chief cadastral Surveyor. 2. At all intersections where the transmission line enters or leaves State land, the intersection shall be adequately monumented, flagged or otherwise marked to facilitate monitoring of field activities by DLWM. Description of markings shall be forwarded to the DLWMFR before commencement of any construction activities. 3. 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 Division of Geological and Geophysical Surveys, Department of Natural Resources. 0. Fine Tuning Any changes in the alignment of the project area will require the prior written approval of the AO. The AO reserves the discretionary authority to require a re-determination of the State's interest for any significant proposed changes. P. 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. Q. Limits of Authorization This Letter of Entry does not authorize any activity other than construction, operation, maintenance and termination of two ll5KV transmission lines and associated structures and improvements within the project area. This includes tower structures and substations. Other uses of the project area including modification, relocations I _ _J -} J I . I f r [ i I . Mr. Robert D. Heath, Executive Director October 1, 1986 Page 7 and future expansion and/or upgrading shall require prior written approval from DLWM. R. Revocation, Termination or Abandonment Upon revocation or termination of this Letter of Entry or abandonment of any section of the project area, APA shall remove all improvements and rehabilitate the land to the satisfaction of DLWM. III. ENVIRONMENTAL PROTECTION A. Erosion Control B. The design of the transmission line, associatea structures and improvements within the project area shall include generic specifications for the construction of erosion control and drainage features that will avoid or minimize erosion. 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. APA 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 where practical for reseeding. ~5Ed mixes shall be approved by an authorized field representative ~he Division of Land and Water Management upon request. 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 pending. C. Stream Banks Any alteration of stream banks must be rehabilitated to the satisfaction of DLWM 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 compl~ance with these special stipulations. D. Pesticides, Herbicides and Other Toxicants ('•. ' . \.::t..:. ~' . ' -.. ·. Mr. Robert D. Heath, Executive Director October 1, 1986 Page 8 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.· E. Chemically Treated Structures APA will not allow any chemicals used during the site chemical treatment process of the wood or other structures to spread more than 6 inches from the structure. F. Fuels, Lubricants, Paints and Other Potential Pollutants 1. Fuels, lubricants, paints and other potential pollutants will be stored a minimum distance of 300 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 DLWMFR. 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. G. 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. APA shall give immediate notice of any dischange 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. H. Oil Spills APA is responsible to clean up any oil spills or other pollutants which result from activities associated with this Letter of Entry •. I. Waste Disposal All waste generated during construction, operation, maintenance and termination activities under this Letter of Entry shall be removed or otherwise disposed 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 ·.• 1 l .1 J 1 l Mr. Robert D. Heath, Executive Director October 1, 1986 Page 9 J. 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. IV. VEGETATION A. 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 AD. 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 immedi- ately after use or before expiration of this authorization. The banks of watercourses 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 and Water 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 April 15, upon 72 hour notice by the AD. 4. If summer construction is required, muskeg travel using ground contact vehicles shall be limited to vehicle types approved by the Division of Land and Water Management. The approved vehicle types are rubber tire or tracked vehicles not exerting a ground pressure greater than 3.5 pounds per square inch. B. Clearing shall be performed in a manner which will maximize preservation of natural beauty, conservation of natural resources and minimize marring and scarring of 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. C. APA shall clear individual danger trees, by disposing of as stated in section IV G. A danger tree is a tree either within or outside the right-of-way which, in the opinion of APA, represents a hazard to the normal operation of the transmission line. Mr. Robert D. Heath, Executive Director October 1, 1986 \:~.,.. p 10 x~·,::s age I';-.; "' .. ... _. V. D. All reasonable precautions shall be taken during operations to prevent unnecessary damage to residual trees. E. After construction APA shall not restrict or charge the public for all harvested timber over 4 inches in diameter at breast height. Under the terms of this LOE the APA shall at its discretion make available to the public all felled timber. F. G. 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. 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: a. Logs shall be cut into 24 inch maximum length sections. Sections shall be scattered (not piled) in open areas of the right-of-way to permit rapid drying to prevent barkbeetle outbreak. Sections shall not be covered by slash, brush, or other residue. b. Burning shall be in compliance with the Alaska Department of Environmental Conservation's regulation 18 AAC 50.030 and Alaska Department of Natural Resources permit requirements. 2. All,other tree species: Logs shall be cut into 10 to 15 feet lengths and placed so they cannot roll. H. 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; or 3) piling and burning in accordance with procedures and practices established by the air quality regulations of the Alaska Dept. of Environmental Conservation and the Div. of Forestry. I. APA 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 APA's operations. WILDLIFE ,,. , .. ] j J J ; I I I I I \' I L. Mr. Robert 0. Heath, Executive Director October 1, 1986 Page 11 0. A. Applicable Laws and Regulations APA 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. C. Raptors The OLWMFR and United States Fish and Wildlife Service shall be notified of all eagle nests located during construction of the transmission line. Electrocution of Birds All transmission facilities in any way connected with this project shall be designed in accordance with Raptor Research Report #4 entitled "Suggested Practices for Raptor Protection, the State of the Art in 1981." E. 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 an~ regulations, including but not limited to handling, transporting and storage of explosives. B. Plan of Operations If blasting is required in the project area APA shall submit the Contractor's general plan for the use of explosives including blasting techniques, to the OLWMFR. 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 ' ·, ~iSfi Mr. Robert D. Heath, Executive Director October 1, 1986 Page 12 This Letter of Entry applies only to access within the project area, not access to the project area. 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 are conducted in a manner to minimize disturbance to the surface-protecting vegetative mat. 2. Stream Crossings are coordinated with the Department of Fish and Game, State of Alaska respective to AS 16.05.840 and AS 16.05.870. 1, 3. Any changes to the construction method described in this Letter will require the prior written approval of the AO. D. Geographical Limits of Ground Vehicle Operation Mobile ground equipment and/or 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 AO. Unauthorized overland travel and creation of roads beyond those requested and approved are prohibited. E. Existing Crossings APA mqy oat 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 APA may regulate public access and vehicular traffic within the project area during construction as required to facilitate operations and protect the public. For this purpose, APA may provide warnings, flagmen, barricades and other safety measures as necessary. H. Inspection and Monitoring Access I I J J J J ' 1 { L Mr. Robert D. Heath, Executive Director October 1, 1986 Page 13 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 Letter, 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. APA shall notify and obtain approval from the DLWM 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. I, having read this Letter of Entry and the attached special stipulations, hereby agree that APA will abide by the requirements of this Letter of Entry and the attached special stipulations. O'RlGlNAL. SIGNED BY Robert D. Heath, Executive Director Alaska Power Authority Sincerely, Margaret J. ayes Regional Manager Attachments j_ cc: David R. Eberle, Project Manager, APA Tom Hawkins, Director, DLWM MJH:DKH:ehm0033L Date j I .J; ·-. ATTACHNENT #1 letter of Entrv AOL 223192 Revised December 14, 19S4 UTILITY EASE}IENT SURVEYS: GENERAL SURVEY INSTRUCTION REQUIREMENTS Authority: 11 AAC 53 1. Control monuments for the survey shall consist of: A. Geodetic survey control stations in the area, and B. Monuments of record established during the sur·teys of State lands, or, C. BLM cadastral survey monuments. 2. The monuments used for the basis of coordinates and the basis of bearings shall be shown on the plat. 3. For easements of above-ground power lines, power poles may suffice for monuments, with the following note added to the plat: "From angle point to angle point, the dedicated easement centerline is the average apparent line connecting the angle power poles set during this project." 4. Ties shall be shown on the plat to all surveys of record, intersected by, or within 330 feet of the easement.---lf monumented, a bearing and distance tie will be shO'.~n to a monumented corner of the survey. If unmonumented, th~· survey will be shown on the plat from the legal description of the parcel. 5. Specific monument requirements will be set forth in the special instructions.~repared for each easement survey • .... 6. Legible annotated copies of all field notes, computations, working sketches a~d good photographs or rubbings of recovered monuments, shall be required with the first plat submitted for review. 7. General Plat Standards: 11 AAC 53.210. All plats that are presented to the Division, shall conform to these basic standards unless prior approval for the change has bee~ granted by the Director or it is necessary to comply \vith the standards of the municipal platting authority. No UTi·! coordinate values information 'f'lill be required-11 AAC 53.210(13)(A), (13)(8), (13)(C) and (13)(0). However, metric equations and scale bar are still required. Also, one {1) blackline print is required, rather than five (5} as stated in the regulations. ) \ J l J J ~~ _i.~: ~~TIS' ~. ( ........ [ [ A. B. c. D. E. The base sheets must be of good quality linen or mylar at least three mils thick, and be one of three standard sizes: 18" X 24", 22" X 36", or 31-1/2" X 34". The only exception will be 8-1/2" X 14" for service line connections. The name and address of the permit applicant shall appear on the plat. All line work shall be in the appropriate black drafting ink. All lettering on the plat shall be in the appropriate black ink and be accomplished with mechanical lettering equipment. All line work and lettering shall be of professional quality and all line widths and lettering sizes must be of such size that all information can be clearly shown without overlap or confusion. F. When more than one (1} sheet is required, an index sheet shall be added showing the entire survey, with the sheets ·;·n numerical order, and each sheet showing the sheet number and total number. When more than one sheet is submitted, only the last need have the approval certificates, but all must be the same size. G. Details, as necessary, shall be shown at an appropriate scale. H. The plat shall have a vicinity map, with a scale of one inch representing one mile in the upper righthand corner, showing sections, townships and r.anges, boundaries such as national forest or municipal.boundaries, and other prominent physical or natural features such as roads, lakes, or rivers. The source of the base map shall also be indicated. I. Nomenclature of the survey need appear in the title block only, unless the Division specificallY. states otherwise. J. The basis of bearings .~hall be shO\m." Bearings shO\·m··shall be true bearings as oriented to the true meridian. Distances shown shall be in the foot unit reduced to the horizontal equivalent. Do not reduce to sea level. K. An official Division legend showing monuments recovered and monuments set this survey, shall be shown. L. The date of plat preparation and standard north arrow shall be shown. M. The plat scale shall be in multiples of one inch to one hundred feet if it is greater than one inch to one hundred feet, and in multiples of one inch to ten feet if it is less than one inch to one hundred feet. N. Specific standard note requirements shall be set forth in the special instructions. prepared for each easement survey. 0. Certificates shall be shown substantially as follows, when applicable, with the .headings capitalized and underlined": ..... The following combined certificate replaces the separate ownership and dedication certificates as they appear in 11 AAC 53. CERTIFICATE OF OWNERSHIP AND DEDICATION OF EASEMENT ~ I. the undersigned, hereby certify that I am the Director, Division of Manaqe;nent • and that the State of Alaska is owner of State land as shown hereon. 1 hereby approve this survey and plat for the State of Alaska, and dedicate for public or private use as noted, all easements, public utility areas, and rights-of-way as shown and described hereon. DATE: DIRECTOR, DIVISION OF MANAGEMENT NOTARY'S ACKNOWLEDGEMENT Subscribed and sworn to before me this day of For (Name to be written in by notary).--------- 19 {sianature in black ink} NOTARY FOR ALASKA My Com~ission Expires: (date) CERTIFICATE OF APPROVAL BY PERMITTEE I (We) hereby certify that I am (we are) the Permittee of Record for the easement as shown hereon and that I (we) hereby approve this survey and plat. ... !'_· DATE AUiHOR[ZED OfrlClAL Tl1LE COHPANY NOTARY'S ACKNOiilEDGC:MENT Subscribed and sworn to before me this day of 19 ---------· . For (Name to be v1ri tten in by notarv). - (sianature in black ink) NOTARY FOR ALASKA My Commission Expires: (date 1 J J J J '\: \ ""-·~. SURVEYOR'S CERTIFICATE I hereby certify that I am properly registered and licensed to practice land surveying in the State of Alaska, and that this plat represents a survey made by me or under my direct supervision, and the monuments shown hereon actually ~ .. ~.exist as described, and that all dimensions and other details are correct. -· DATE: (date} REGISTRATION NUMBER (number) (Surveyor's Seal} (sionature in black ink) REGISTERED LAND SURVEYOR 8. Two blueline or blackline copies of the plat shall be-submitted to the Division for review prior to submittal of the final plat. One marked up copy will be returned to the surveyor. 9. Final Plat Standards (11 AAC 53.23D). All final plats shall conform to the general plat standards and in addition shall: A. Have the notary's seal and. surveyor's seal affixed. B. Have original signatures in all of the required places and in black ink only, on"both the original and the print. 10. The final submittal shall include the original plat and one blackline print. The plat shall be submitted on good quality tracing cloth or mylar. The use of typewritten transparent paste-on material such as Dulseal is not acceptable, a-lthough a reverse r-eading, direct positive, mylar photocopy, at 100~ scale is permissable. Reproducible mylars duplicated by atm~onia process are not acceptable due to lac~ of definition, inferior reproductive capability and relatively short storage 1 if e. ..... -·· CHECKLIST Minimum requirements for Easement Surveys under Revised General Survey Instructions TITLE BLOCK (See sample) l. State purpose of survey 2. Legal description of land involved 3. Scale VICINITY MAP 1. Easement line shown and labeled, NThis Survey" 2. Townships, Ranges and Sections marked 3. Scale 4. Show boundaries, such as Borough, National forest, etc. 5. Highways, railroads and other features NORTH ARROW l. True north shown 2. Mag. north and source STANDARD LEGEND PLAT DRAWN TO SCALE BASIS OF BEARING l. Basis of bearing shown 2. Recovered monuments at both ends of the line 3. Describe monuments 4. List the source of record, e.g., "BLM survey plat of T12N, Rl3'.i, ·s.M., accepted 6/14/1928" TIES TO SURVEYS OF RECORD 1. Only required to those surveys which were of record at the time of the original As-Built survey 2. Ties by bearing and distance to a11 forementioned surveys within 330 feet of the easement ALL LETTERING TO BE MECHANICAL POWER POLE STATEMENT (If Applicable} SEALS CC:R TI F I CATES 1. Ownership/dedication 2. Notary's Ackno•flledgement 3. Surveyor's 4. Permittee Approval 5. All original signatures FINAL SU8NITTAL l. Mylar shall be standard size 2. Original and one blackline copy-must have original signatures A~INOTATEO COPIES OF FIELD BOOKS AND C0~·1PIITliT!!"'•!<: nr- ) ] _j i J [ STANDARD NOTES FOR EASEMENT SURVEYS All Plats: This plat represents an as-built survey of AOL No. It is "\'· intended to depict that portion of the easement as it pertains ··to State land and is not to be presumed to plat or deaicate those portions ...... pertaining to private lands. Basis of bearing is (e.g •• the section line common to sections~---- and T R Meridian, according to the Bli1 sur'ley plat approved 719 . ) As Applicable: From angle point to angle point, the dedicated easement centerline is the average apparent line connecting the angle power poles set during the project. 11CC:U , : -'\ r ' . £ JbJ 1J ,;, STEVtCOWPER,GOVERNOR--- . D_~lr48T,IENT OF NATUUAL llESOUitCI~S ' ' I I 3601 C STREET BOX 107005 MAY 0 21988 DIVISION OF LAND AND WATER MANAGEMENT / SOUTHCENTRAL REGION ANCHORAGE, ALASKA 99510-7005 PHONE; (907) 561·2020 '.!_A.' Aptf:~ ~~Hr':f9~~ David R. Eberle, Project Manager Alaska Power Authority PO Box 190869 Anchorage, AK 99519-0869 Re: ADL 223192: Letter of Entry, Section IV.G. Dear Mr. Eberle: This is in regards to stipulation IV. Vegetation G. of the Letter of Entry issued October 1, 1986 which addressed the handling of spruce timber cut within the right-of-way area. That stipulation read: G. 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: a. Logs shall be cut into 24 inch maximum length sections. Sections shall be scattered (not piled) in open areas of the right-of-way to permit rapid drying to prevent barkbeetle outbreak. Sections shall not be covered by slash, brush, or other residue. b. Burning shall be in compliance with the Alaska Department of Environmental Conservation's regulation 18 AAC 50.030 and Alaska Department of Natural Resources permit requirements. 2. All other tree species: Logs shall be cut into 10 to 15 feet lengths and placed so they cannot roll. Stipulation IV.G is hereby amended as follows: G. To prevent the outbreak of spruce bark beetle infestation, logs greater than ~ inches in diameter which are not removed, shall be disposed of in any one of the following three methods or a combination thereof--: -------~- CORRESPONDENCE DISTRIBUTION ACTION: COPfES: ~~~J¥.1 f-:::;L(;. j ! l'>v v r, c>' ,6. .". c-H rt'·l. S L,i!:. (. -··---·· ! i .. -~· ·-~·-I David R. Eberle April 29, 1988 Page 2 1. Spruce a. Logs shall be cut into six-foot lengths or less and have a minimum of fifty percent (50%) of the bark stripped, or the logs may be cut into four-foot lengths and with at least twenty-five percent (25%) of the bark stripped. Stripping (defined as the removal of bark to fully expose the xylem tissue) shall be evenly distributed within all four quadrants over the entire length of the log. The cut logs shall be scattered in open areas of the right of way clearing and will not be covered by slash, brush or other residue. b. Burning shall be in compliance with the Alaska Department of Environmental Conservation's regulation 18 AAC 50.030 and Alaska Department of Natural Resources permit requirements. c. Logs shall be cut into maximum six-foot lengths and ripped the full length, with a chain saw, or similar device, to a depth of at least one inch. Cuts shall be evenly distributed around the log, except that portion in direct contact with the ground. The number of cuts per log sr1all be as follows: Diameter of Cut Section Number of Cuts Less than or equal to one foot Two Less than or equal to two feet Three Less than or equal to three feet Four Less than or equal to four feet Five Greater than four feet Six The cut logs shall be scattered (not piled) in open areas of the right-of-way and will not be covered by slash, brush or other residue. Stipulation IV.G.2 remains the same as in the original Letter of Entry of October 1, 1986. If you have any questions, please do not hesitate to call Keith Harding at 762-2253. Sincerely, Veronica Gilbert Regional Manager VG:EGB:KGH:ec:0257L I -L I dECEIVED NOV 0 !J9BiJ /,LASKA POWER AUTHORITY. UEJ•..\.RT-'IEXT OF S"\.TUilAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT SOUTHCENTRAL REGION November 5, 1986 BILL SHEFFIELD. GOVERNOR 3601 C STREET BOX 7-005 ANCHORAGE. ALASKA 99510-7005 PHONE: (907) 561-2020 David R. Eberle, Project Manager Alaska Power Authority Certified Mail # P234060528 Return Receipt Requested P.O. Box 190869 Anchorage, AK 99519-0869 Re: Fox River Trail access for Bradley Lake Hydroelectric Project Transmission Line Right-of-Way Letter-of-Entry-ADL 223192 Dear Mr. Eberle: It is our opinion, as a result of our review of the Fox River Trail access for the transmission line right-of-way that there is a prescriptive right-of-way for public use of that portion of the trail which crosses private land. This prescriptive right-of-way was established by historic public use during the period 1942 to the present day. The remaining portion of the trail on state land is covered by a Public Right-of-Way Application ADL 218364. Therefore, this trail is available for your use to access the Bradley Lake transmission line route. Due to the timeframe available for our determination, we could only do limited research and preliminary consultation with the Department of Transportation and Attorney General's Office. If unforeseen objections from private land holders should result due to this determination, further research on the validity of the right-of-way would be done. If you have any questions, please do not hesitate to call Deborah Heebner, at 762-2274. Sincerely, A N: . ~~rJ~Y-1. I SvJtC --- · (rntJ I f]tc,t-ni!.L - cc: Tom Arminski, APA _i..~.--...-----' Norman A. Bishop, Jr., Stone and Webster Engineering Corp. MJH/DKH/ec/Ol28L l DUPLICATE St2te of Al2sk2 CE?~. c;:: ;~P.TIJRAL RESOURCES, DIY. OF LAND & WP.TE~ t~G;~T., SOUTHCENTRAL REGION TO: Fi'.O~-~ Margaret J. Hayes Regional manager ~e:2::ah K. ~eebne~~ ~atura! Resource Officer DATE: March 13, 1987 FILE No Bradlev Lake Transmission Line TE!..E"'HONE NO 76?.-2271.! susJ:=:c-:-Wai 'le;: cf ~-1LUF for B:acle~/ Lake ~ydroe!ect;:ic P:oject Transmission Line Clearina Rfi~Jy~n~~"~firn Con~-~cr~ ,\LA.t;).{., ll1~~-':t~·.\~~ T_; ~~o ._ .... At::ac:--ed is a reauest for a waive::-of land use ~61::::-m.,Af! f6r p:~a$-adley La.ke Hydroe~ec:ric Project Transmission Line clearing anc construction contracts. The Aleska Power Authority has pre';iously requested and you have aop:oved a waiver for Nodwell 21.!0 Class vehicles through May 31, 1987 an the upland plateau area south of Caribou Lake and in the Fox River Valley. This request is for a waiver to allow a Nodwell 240, or other tracked or rubber-tired vehicles not exerting a ground pressure greater than 3.5 pounds per sauare inch to operate on the Caribou Lake Trail (ADL 219905) and the Fox River Trail (ADL 218364). We have reviewed the proposed request and recommend approval of the request conti~ent upon approval by Alaska Department of Fish and Game for travel through the critical habitat areas on the Fox River Trail. Please sign below indicating your approval or denial of their request. Waiver approved ch;4 Qat /k!Jn.o tv, f1Jn4i . Date !U&u~L; /7. lfY7 7 rT' -r ../ r" ~ ~ Waiver denied Date Attacrment: APA Waiver Request cc: David Eberle, Project Manager, APA Tom Arminski, APA DKH:ehm/0283L ------------------- 02 001AIRev 101191 ( ' ' ' . , I '\:I DIVISION OF LAND AND WATEH MANAGf:MfNT SOUTifCEN rHAL ~EGlON l I . ~ October 9, 1990 1'.1, · •·.,\ U·if.i ·.: · iHQI',il ' Mr. David Eberle, Project Manage! Alaska Energy Authority P.O. Box 190869 Anchorage, Alaska 99519-0869 Re: Land Use Permits, SCR 91 009A through J SCR 91-010A and B Dear Mr. Eberle: -r,v. r ::; -.;;.. . 11 VY\ S7L vCCOfJJPUCGO\'cRlWR--- /' ., . : '. :,r H! f 1 l. Enclosed you will find the executed Land Use Permits SCR 91-009A through a and SCR 91 010A and B for lateral access along the Bradley Lake Hydroelectric Transmission Line Project, ADL 223192. Please be advised that the subject Land Use Permits expire on September 30, 1991. If you have any questions concernlng this letter, please contact this office at 762-2270. Sincerely, ~..e_ 9tA<.__ r -· Dave Pere:: 0 Natural Resource Officer DP \BRAD\SCR9l.EXT cc: Tom Arminski, Alaska Energy Authority Dave Trudgen, Alaska Energy Authority STATE: OF A.::...;..S:V.. (~Ec~:\·1::• f\ -t' ' _, DEPT. OF NATUR. __ :=s.JL'RCES DE?AR:~E~ CF NATCRAL RESCGRCE:S ·cr '" ....... o. , o 1 · ~'"' ~ DIVISION OF LAND & w"ATER ~IAAAGE:-IE~IT f._ _ D , ' . ::. P. 0. 3o:<: i005 1 • It• 9a··o -oo· .~nc:lor.l.ga • """'" • :a _, ) DIV. 0~-:....: , . ·. . ~··. ·:GMT. LA~D USE APPLICATION AND PER.~IT SOUTW:C"~L; ": ~.::GION $50.00 ?ili:l~ Fee 2. A?Pr..r:AN:' l. PER..'UT -For Office Gse Onlv A 1 as ka Energy Authority ~ 7£~ q, /ocq A- Name {Last:) (F irstl CMI) Received by District: 'fear 1Number. PO Box 190869 Anchorage Alaska 99519-0869 (907) 561-7877 Street:/P .o. Box City State Zip Phone 3. LAND LOCATION: Township 35 , Range lOW I Seward Meridian, SectionlQ_Portion St, StNt Other Descript:~on 4. PROPOSED ACTIVItY: Temporary 50' wide trail outside of Bradley Lake Hydro T-line ROW -ADL 223192 to facilitate clearing of ROW and construction. Travel outside of ROW necessitated by physical impediments to travel within ROW. See attached sheet for proposed location. (Use extra sheets if necHsary) S. .S?ECUL ST!l?UI..ATIONS: (in addition to conditions on reverse side) 6. 7. a. 9. 10. Refer to Attacbement #1 DATE OF APPL!CA TION: _S_e•1 p_t._e.;..;m.;.,be;;.;r_,.;;l;.;;.S ________ , l9 90 DATE OF INTENDED USE (not to exceed. one year) From 1'071/90 to 9/30/91 CONTACT PltRSON, it other than applicant=--------------- Name PO Box 190869~ Anchorage~ AK (907)561-7877 Phone Position/Title By ______ ~~~==~~~~~~~~----~~~~~-------------- Oivision o~ Land and water nagement 11. SJNO IS. REQUIRED (See attached bond.) 12. SUPPLEMENTAL INFORMATION. _______________________ _ 10-1084 12/81 (rev.) ( ( l. This permi~ conveys no interes~ in state land. This permit is nonrene~ble, but r.:y =~ :-ei.sc·...;.~! ~pc;, wppli~a-;_:.::~ =~· ~~ pe~i~ ~'.:'l~er a.t the st.a~P 1 S d.iSCt".i!tion .. The permit reiss~ance period may not exceed one year. This permit is revocabie immediately, with or without cause. If revoked without cause, the perm~t holder shall be afforded 30 days within which to remove his possessions and vacate the premises. This permit is not transferrable. It is issued to authorized specific activities requested by the applicant and which are not included in the category of 2. "generally permitted uses." This land use permit is subject to the following provisions: a. Activities employing wheeled or tracked vehicles shall be conducted in such a manner as to minimize surface damage. b. Existing roads and trails shall be used wherever possible. Trail widths shall be kept to the minimum necessary. Trail surface may be cleared of timber, stumps and snags. Due care shall be used to avoid excessive scarring or removal of vegetative ground cover. c. All activities shall be conducted in a manner that will minimize disturbance of natural drainage systems that will not cause a change in character, pollution, siltation of streams, lakes, ponds, water holes, seeps and marshes, or disturb fish and wildlife resources. Cuts, fills, or other activities causing any of ( the above disturbances, if not repaired immediately, are subject to any corrective action as may be r~ired by the director. I 3. d. Unless herein permitted, the director prohibits the disturbance of vegetation ·:!-:..."':.!:-1t'll" !e><=!t :! .!I."''Y waters locate~. ;.n spec~ :tlly A~o;it;:rnatl'!d ar.:!'~ ~c; pr,.scribed in Chapter 5122, Section l, Paragraph 2.2 of the division's Poli~y and r=:cadure Manual, except at designated stream crossings. These special designations are noted on the State of Alaska land status plats. e. All activities shall be undertaken in a manner which causes the least possible interference with other authorized uses of state lands. f. Trails and campsites shali be kept clean. All garbage and foreign debris shall be eliminated by removal, burning or burial, unless otherwise authorized. g. All survey monuments, witness corners, reference monuments, mining claim posts and bearing trees shall be protected against destruction, obliteration or damage. Any damaged or obliterated markers shall be reestablished in accordance with accepted survey practices of the division. h. Every reasonable effort shall be made to prevent, control or suppress any fire in the permitted area. Uncontrolled fires shall be reported immediately. i. Holes, pits and excavations shall be filled. plugged or repaired. Holes, pits and excavations necessary to verify discovery on prospecting sites, mining claims and mining leasehold locations may be left open but shall be maintained so as to minimize erosion and siltation and shall be consistent with public safety and welfare. j. No person may engage in mineral exploration activity en land open to such use, the surface of whicbo has been granted or leased to third parties by the State of Alaska, or on land in which the state has received the reserved interest of the United States until good faith attempts·have been made to agree with the surfa~e lessee on a settlement for damaqes which may be caused by such activity. If located within a reasonable time, operations may be commenced on the land only after specific approval of the director, and after making adequate provision for full payment of any damages which the surface owner or lessee may suffer. k. Entry on all lands under prospecting permit, lease or claim, by other than t~e holder of the permit, lease or claim, or his authorized representative, shall be made in a manner which will p~event unnecessary or unreasonable interference with the rights of the permittee, lessee or claimant. If applying for exclusive use an additional $50.00/acre/year is required, ~ich a $100.00/year minimum. ( DEPAR":'!-!ENT CF ~T'.;F.AL RESCCRC!S D!"v'!S !CN OF L..;..'lD & ~TER !-IA~GE:~E~t!j'' ~...-., • 8 P. 0. 3vx i005 Anc~or~ga, AK 995i0-i005 LAND USE ~AP?!.. ICAT:CN AND PERMfl+~J~~·.i ;.;~:~ ,1 , . $50.00 !ilins Fee 2. A? P!.ICA~JT l. l?ER.'l.!":' -For Office Gse Cnl·1 Alaska EnerqvAuthoritv ~'-~~~ 1! / ccqJ3 Name (Last) {First) (MI) Received by I District Year !Nl.l.!'nber PO Box 190869 Anchorage Alaska 99519-0869 ( 907) 561-7877 Street/P .o. Box City State Zip Phone 3. LAND LOCATION: Township 3S , Range lOW , Seward Meridian,SectionJ.LPortion St Other Cescription ________________________________________________ _ 4. PROPOSED ACTIVI1Y:Temporary 50' wide trail outside Bradley Lake Hydro T-line ROW-AOL 223192 to facilitate clearing of ROW and construction. Travel oytsjde of ROW necessjtated by physjcal impediments to trayel within ROW. See attached sheet for proposed locatjon. (Use extra sheets if necessary) S. S?ECIAL STIPULATIONS: (in addition to conditions on reverse side} Refer to Attachement #1 6. 7. 8. 9. 10. 11. 12. CATE OF APPLICATION:...;S;..;;e;.&;p..;;t..;;;em;.;.;;b;.;e;;.;,r....;;;l.;.S ______ , 1990 DATE OF INTENDED USE (not to exceed one year) FromT07T/90 to9/30/91 CONTACT P!RSON, it other than applicant:~---------------- Name PO Box 190869, Anchorage, AK (907)561-7877 10-1084 12/81 (rev.) 1. ... ~:,. . ~· .... , ' •• , t .. . . . .. ·. . ' .. ~,:-.{~· ~,.' :· :·' ;i.{-;~~ .... ,;,~~ .... ,·.~·t·~··· . i ':Jf..•-:.: '· ··: " .•• i.J.~.:~~:~ :f~ ·A ... ~· · .. ,.t ' ~. '. ' . # :~.:...3 ·. : , . ,~ . .: ' 'i>r"! 'l 1.,. ~· • ·: • ... ,., ,., .. !r~:.\ . '"'r"' '., •.; l .U" •"" • • ·~~"'!· ........ , . : ·, ~ ·~'~i.~;~~'il ·;;~~;~~~J~!: -~~·~- ~.-=·.; ..... ~.-:\:,:. ... . .. .; :. " : .,. .. ,.-,, t :.~ \ . -~ .. '~·); (.'lt' .· ..... ~ . • • '·• I ., ~ :·~ 'ty \, i.'.•; ... t \:: . .. . , '·~... ·.:~~··,\· • -.·t\. ... . ... ~·1\.~~-~, \~, ,*' . .... :·. •.' • 41{' :· ! ~ ; .. ( • ~~t\ ,~, .... ·: • • •t .· ;,: : ..•.• -, .. •• ·, .... ,. •-:;,, . ., . . .,. \ ... --·• T .. ... •. "' ;. , .... . ' f". \ r. ·.:~ •. ! ' .• -~t ~ .,, ... . ·' .. ;·: \~. . )i~. • .. ,.~·-... ~ ~;~· ~ J •• .. , .• ~·.1 -~~>. ~~ ··"· ··t'W ·•'-·,.,# •. • '. ·. '\. ~l~ ;_; .... , '·':;,. . .J, . •: ' ·:. ·'"'':_.-., • ···l' •'"J_ . ·1'. . ·' ,;J::;:i ;_:_: _! -·~: .~ ... •, . ~ : ·) .: .. ~. \. -...:·. -~~ . ·. '.. ., ... ,, ...... , " ..... :.· -~: "· ( STATE OF A:.;..SK;; DEPAR7~E~~ CF ~r~R;L RESOURCES DIV!SZON OF LA.'lD & w;';TER :OIAAAGE:-IE~ P. 0. 3ox 7005 Anc~or~g~. AK 99510-7005 Lrl~D USE APP~ICAT:CN AND PERMIT ( RE rE'' ---, \ ~ '-J l I -;'"_J DEPT. OF H.<\TUF.: _:;~sOURCES i -- $50.00 ?ili~g Fee 2. AP P!.!C.;~l':' l. PER."! IT -For Office Gse Onlv A 1 as ka Enerqy Authority <Z4?k-~ Cl[ GCFt c:.-- Name (Last) (First) (MI) Received by District Year Nurr.berl PO Box 190869 Anchorage Alaska 99519-0869 (907)561-7877 Street/P .o. aox City State Zip Phone 3. LAND LOCATION: Township 4S , Range . ...;9~W~-· Seward Meridian,Section_7 _Portion NEa Other Descrl.ption. ________________________ _ 4. PROPOSED ACTIVtTY: Temporary 50 1 wjde trajl oytsjde of Bradley 1 ake Hydro T-line ROW-ADL 223192 to facilitate clearjng of ROW and constmctjon Travel oytsjde of ROW necessitated by physical jmpedjments to trayel within ROW. See attached sheet for proposed location (Use extra sheets if necessary) 5. SPEClAL STIPULATIONS: (in addition to conditions on reverse side) Refer to Attachement #1 6. DATE OF APPLICATION: September 15 , l9~ 7. DATE OF INTENDED USE (not to exceed one year) From10/l/90 to 9/30/91 8. CONTACT PERSON, if other than applicant=--------------- 9. 10. 11. 12. Name PO Box 190869, AK (907)561-7877 Phone Position/Title !GNATURE OF APPLICA.N'l' OR AUTfDRIZED REPRESENTATIVE Ti:tle Date APPLI~.!O~IS ~nted Denied I// ~gi-fiea-=:, By I 'i..k~.---tta-V ft/G_./)~ I o (< 1/7tJ Division of Land and Water Management aJND I&-REQUIRED (See attached bond) SUPPLEMENTAL INFORMATION'---------------------- l0-1084 12/81 (rev.) \ ( STA':'E OF ?.U.Si<rl DE?AR~~ENT OF NA~~L RESOG~C!S Dii/ISlCN OF LAND & W1-.TE.R :.IAAAGE~E~i'I' P. 0. 3ox i005 Anchor~g~. AK 995l0-i005 UNO CSE APPLICAT:CN AND ?ER~!~ ( REcr.::v::J DEPT. OF NAT\:?~.;_ e:-: OURCES $50.00 Fi!ins Fee 2. ?.? Pt::.~:i':.' l. ?ER.'UT -For Office Ose Onl·; Alaska EneravAuthori tv ~ ~ ql C6'CI D Name (Lase) (First) (MI) Rece~ved by District Year Nu.r::ber, PO Box 190869 Anchorage Alaska 99519-0869 (907)561-7877 Streec/P .0. Sox City State Zip Phone 3. LAND LOCATION: Township 4S , Range 9W , Seward Meridian,Section_§_Portion SE! Other Oescr~pt~on~--------------------------------------------------- 4. PROPOSED ACT!V~TY: Temporary 50 1 wide trail outside of Bradley Lake Hydro T-line ROW-ADL 223192 to facilitate clearing of ROW and construction. Travel oytsjde of ROW necessitated by physical impediments to travel wjtbjn ROW. See attached sheet for proposed location. (Use extra sheets if necessary) 5. S?ECIAL STIPULATIONS: (in addition to conditions on reverse side) Refer to Att~cbQ~i~t #l 6. 7. 8. 9. 10. 11. 12. DATE OF APPLICATION:...;S;;:.,le;;.tp:.,::t~e.:.:.:.m:=,:be=.,:r_.,:1.:;:5 ______ , l9.2!l_ DATE OF INTENDED USE <not to exceed one year) F'rom10/1/90 to9/30/91 CONTACT PERSON, if other than applicant=------------------- Name PO Box 190869, Anchorage, AK (907)561-7877 Addr~j Phone Posit~on/Title ~ /~ J2rc, Fc.,, o,q: r/£re;, /M" SIGNATURE OF APPLICAN'I' OR AUTfiJRIZ.EO REPRESENTATIVE Title 7 Date ' APPLICA'Up~ . S Denied / I ~~as modifT~ By 1('-c lui c; 17c. '-------- Division of Land and Wat Management s::>NO Is-REQUIRED (See attached bond) SUPPLEMENTAL INFORMATION. _____________________ _ 10-1084 l2/81 (rev.) ( STATE CF ;..,;:..;.s:-::;.. DE?.;R~~EYT CF ~r~~;L RESC~RCES DIVIS.i:ON OF L.r\..'10 & ~TER :.!AAAGE:A.E~rt P. 0. 3ox i005 Anchor~g~. AK 995l0-i003 LAND USE APP~ICAT:CN AND PER~IT ( RECEi'1EJ DEPT. OF HATL':-:, ; ti~3<1URCES 1 ',"'-;.. l ' -·-.' DIV CF i: ~:; ~GMT. SOUi h~c; · r . ..:.c.. REGION $30.00 Fee 2. A? P~:::.;~J':' l. ?ER'!I:' -For Of: ice Gse 8nl•t Alaska EnergyAuthoritv ~ ~ CJ( /MS Name (Last:) (FirS't) (MI) Rece~ved by OiS'triC't Year !Number PO Box 190869 Anchorage Alaska 99519-0869 (907)561-7877 Street:/P .0. Box City Stat:e Zip Phone 3. LrlND LOCATION: Township 45 , Range 9W , Seward Meridian,Section_c_Portion SWi Other Oescr~pt~on. __________________________________________________________ ____ 4. PROPOSED ACTIVIJY: Temporary 50' wide trail outside of Bradley Lake Hydro T-line ROW-ADL 223192 to facilitate clearing of ROW and construction. Travel outside of ROW necessitated by physjcal jmoediments to travel within ROW. See attached sheet for oroposed locatjon. (Use extra sheets if necessary) 5. S?ECIAL STIPULATIONS: (in addition to conditions on reverse side) 6. 7. 8. 9. 10. 1l. 12. Refer to Attacbement #1 DATE oF APPLICATION: September 15 , l990 DATE OF INTENDED USE (not to exceed one yearl FromTO?T/90 to9/30/91 CONTACT PERSON, if other than applicant: ______________________ _ Name PO Box 190869, Anchorage. AK (907)Q6l·Z877 A~ss Phone Position/Title ~~~ ~c-bN.0(1!.//fr,Q, ~¥9o 'SfuiiiTtJRE OF APPLICAN'l" OR AUTHORIZED REPRESENTATIVE Title r Date APPLI '].0 IS Denied ~anted as mo~!.ti!;!i By 6 ~ 7 -11~ Division of Land and wat Management OONO IS. REQUIRED (See a tt.ached bond) SUPPLEME~L INFORMATION __________________________________ ____ 10-1084 12/81 (rev.) ( ( STATE OF ALASKA DEPART~ENT OF NATURAL RESOURCES DIVIS ION OF LAND & WATER MANAGEMENT 1?. o. Box 7005 Anchora~a, AK 99510-7005 LAND USE APPLICATION AND PERMIT R~f'· t·.~::-' DEPT. OF NAT•~~:;::. . :~ · : c' :Rc:s DIV. Gr s c ') ; : j ·, ~ ~i ' : .JMT. •. ::_;lQ~ $50.00 tiling Fee 2. A?Ptr:A.NT l. PERMIT -For Office ~se :n!~ Alaska Energy Authority ~ "k-"" :...t#,('--q ( jecqp Name (Last) (First) CMI) Received by Dl.Strl.Ct 'i ear Nurnbe.r P.O. Box 190869 Anchorage Alaska 99519-0869 (907) 561-7877 Street/P .o. Box City State Zip Phone 3. rAND LOCATION: 23 WiSWi Township 3S , Range 11W , Seward Meridian,Section22 Portion SEi Other Cescrl.ption. ______________________________________________ __ 4. PROPOSED ACTIVITY: Temporary 50' wjde trajl oytside of Bradley 1 ake Hydro T-line ROW -ADL 223192 tp facjljtate clearing pf ROW and constryctjon. Travel outside of ROW oecessjtated by physjcal jmpedjments to trayel within ROW. See attached sheet for proposed Jpcatjon. (Use extra sheets if necHary) 5. SPECIAL STIPULATIONS: (in addition to condition• on reverse side) Refer to Attachement #1 6. DATE OF APPLICATIOJ.h September 15 , 19 90 7. DATE OF IN'l'ENDED USI (not to ucHd one yMr) rroa l'OT1/90 to 9/30/91 8. CONTACT PERSON, if o~ than applicantz::-=----------------- Naae 9. lO. ll. 12. l0-1084 l2/8l (rev.) 190869. Anchprage. AK (907) 561-7877 I 0 0 co 1.() ., I .. . . ... ·; . !',<it. ... :-:.·· .. :.:~.. ( STATE ·:iF ALA.Si<A DE?AR~~E:~~ CF ~r;?~L RESCGRC~S orVIS.i:CN OF LA.'lD & t.il.:'E:.R :.!MIAGE::--lE:~lT P. 0. 3o:< iOC5 Anchorsge, AK 99510-7005 LA~D USE APP~ICATION A~D ?ERM!T ( REC~ ' DEPT. OF NA nr . '.::-~~ :liJRCf.S $50.00 :ili~g Fee 2. ;..r Ptr::_;:r:::' l. FE:R.'HT -For Office Gse Onl'l Alaska EnergyAuthority ~ ~.Q_ CCt ~G- Name (L.ast:.l (First:) (Mil Recei•1ed by District: Ye.ar /Number PO Box 190869 Anchorage Alaska 99519-0869 (907)561-7877 Street/P .o. Box City State Zip Phone 3. LAND LOCATION: Township 3S , Range llW , Seward Meridian, Section~Portion NtNt Ot:.her Oescrl.ption. _______________________ _ 4. PROPOSED ACTIV~TY: Temporary 50 1 Wjde trajl oytsjde of Bradley lake Hydro T-Jjne ROW-ADL 223192 to facjJjtate clearjng of ROW and cpnstructjon. Travel outside of ROW necessitated by physical impediments to travel wjthin ROW. See attached sheet for proposed Jocatjon. (Use extra. sheets if nec&Ssary) s. SPECIAL STIPULATIONS: (in .addition to conditions on reverse side) 6. 7. 8. 9. 10. 11. 12. Refer to Attachement #1 CATE OF APPLICATION: September 15 , 19~ DATE OF INTENDED USE....M.l(n...,.oololtiWooii.Jt""o .... ex~-,..,c...,e"""e-d-o-n-e-y-ea-r-)~From 10/l/90 to 9/30/91 CONTACT PERSON, if other than applicant: ___ ,_.----------- Name PO Box 190869, Anchorage, AK {907)561-7877 Phone Position/Title 10-1084 12/91 (rev.) --------------~(--------------~( _____________ ···~· ·~ ... . ·:.· :· ,. :. -~-:-.. · m (\J ...- "' I >-u.. I 0 0 co l{) ...- .• ·: ... '. ... -~ ... ~·~-=· :~- "':/:' -~~f~ .. ., ... .. ..• '· -~: ... .. · .,.~ -~-.. '~i: ~~i~ -.~~:...~: . ·::· ···.::. ··.~ .... ~- .. . ·.: · .. ·· .. ... .· ( STA':'E: CF A.r..;;.S:<:.A DE?ART~E:NT CF NA.~:RAL RESCGRCES orvrsroN or r..;..,.'lo & ;..~-rEa ~1ANAGE.XE:rr P. 0. 3wx iC05 Anc~orage, AK 995i0-i005 LA~D USE A.P?t!CAT!CN AND PERMIT ( RE''.::' C'' DEPT. OF NATtif ... ::::: ~LiiiCES 0 ._, SSO.OO Filing Fee DlV. (> : sou 2. A?PL!::.;~rr l. PEa.'1IT -For Office Cse Onl~ Alaska EnerqyAuthori tv ce~ ~'Z ct; CtPtl+ Name (La st.) (First) (MI) Received by District: Year Nu..mber: PO Box 190869 Anchorage Alaska 99519-0869 (907)561-7877 Street/P .0. BOx City State Zip Phone 3. LAND LOCATION: 20 S! Township 3S , Range llW , Seward Meridian, Section.2.9_Port.ion Nj-Nj: Other Oescript~on. ______________________________________________ ___ 4. PROPOSED ACTIVtTY: Temporary 50' wjde trajl oytsjde of Bradley lake H~dro T-line ROW-ADL 223192 to facjlitate clearjng of ROW and constructjan Travel outside of ROW necessitated by physjcal jmepdjments to travel within ROW. See attached sheet for proposed Jocatjon. (Use extra sheets if necessary) s. S?EC~ STIPULATIONS: (in addition to conditions on reverse side) Refer to Attachement ~1 6. 7. 8. 9. lO. ll. 12. CATE OF APPLICATION: September 15 , l9Jlll_ DATE OF INTENDED USE (not to exceed one year) :"rom 10/l/90 to 9/30/91 CONTACT PERSON, if other than applicant:~---~-------------- PO Box 190869, Anchorage, AK (907)561-~ Phone Posi tion/T i tJ. e Grant!d Denied By ~ 1J fZt~• ~ OiviSl.on ot Land and Water naqement B:)N'O IS. REQUIREO (See attached bond) SUPPLEMENTAL INFORMATION, __________________________ _ l0-l084 l2/8l (rev.) _ ... •' .•.. .. -;_, . . , . ( ( REG;:'\ . '·: •. I .. DEPT. OF HAHJF;.';_ :C?OLRCES STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES • .., DIVISION OF LAND & WATER MANAGEMENT 9c: '8 ~ .. ·' (" P. 0. Box 7005 Anchorage • AK 99510-7005 OIV. (;;· ._ L ' LAND USE APPLICATION AND PERMIT SOUHLC~ .. ;· .:.,,, L:::G!QN $50.00 Filing Fee 2. APPLICANT l. PERMIT -For Office Use Only A 1 as ka Energy Authoritv ~ ~ Cf1 C6(T Name (Last) (First) (MI) Received by District Year Number P.O. Box 190869 Anchorage, Alaska 99519-0869 (907)561-7877 Street/P .0. Box City State Zip Phone 3. LAND LOCATION: PLEASE ATTACH A USGS MAP (1:63,360 scale) WITH APPLICATION. Township 35 , Range lOW , Seward Meridian,Section 35 Portion SW:tNWi Other Description ~ SEiNEl 4. PROPOSED ACTIVITY: Temporarv 50' wide trail outside of Bradlev lake Hvdro T-line ROW -ADL 223192 to facilitate clearing of ROW and construction • . Travel outside of ROW necessitated bv physical impediments to travel within ROW. See attached sheet for proposed location. (Use extra sheets if necessary) 5. SPECIAL STIPULATIONS: (in addition to conditions on reverse side) 6. 7. B. 9. 10. 11.. 12. Refer to Attachement #1 DATE OF APPLICATION: September 15 , 1990 DATE OF INTENDED USE (not to exceed one year) From107T/90 to9/30/91 CONTACT PERSON, if other than applicant: _____________ _ Name P.O. Box 190869, Anchorage, AK (907)561-7877 A7:Js Phone . _ Position/Title ~~ 1Jv, he, Clp-/E~te;, W*" ~TURE OF APPLICANT OR AUTII:lRIZED REPRESENTATIVE 'Title ; Date APPLICATIO IS; J Grant~ Denied ,~Ed as~ By , I (u., c;o Division of Land and Water nagement OOND IS REQUIRED (See attached bond) SUPPLEMENTAL INFORMATION, ____________________ _ 10-1084 12/81 (rev.) ( STATE Of r..L.ASK.\ O£i'AA7~E!'.'T Of ciATU?..AL RESOURCES •9: "'7 ~ 8 1 -·:""_,~- DfVISIO~ Of L.;ND & ;.'f\TER t".ANAGEJ-'..E!'<'T P. 0. :lox 7005 Anchora~e. AK 993L0-7005 OIV. C'-~. --' ;GM f. SOLi ;:_;.__li 1 .:.L. r.;:GtON L\NO USE APi'L!CAT!ON AND P£8-HT sso.oo ~~li~s :ee 2. 4. 5. 6. 7. a. 9. 10. lL 12. A? PLI.:A.N":' l. PERMIT -for Office Use Onl~ Alaska Energy Authority C(/.;jl·L <;;c.i-<__ I cr' /coctS Name (Ld s c l (Firs c) (H. I) Received by 01. S U lC to! Y ed C ~~I:.H:'I!:;e..,:", P.O. Box 190869 Anchorage Alaska 99519-0869 (907) 561-7877 St.reet/P .0. Box City St..a te Zip Phone LAND UOCATION: 20 Si, SW!NE! Township 3S , Range llW • Seward Meridian,Section-=2~l~S'""!~~---- Other Description ___________________________ ~2~9~N~W~!~N~E4! _____ _ PROPOSED ACTtviTY: Temporary 50' wide trajl outside of Bradley I ake Hydro T-line ROW-AOL 223192 to facj]jtate clearjng of ROW and coostructjoo. Travel outside of ROW necPssjtated by obysjcal impedjmPots to travel within ROW. See attached sheet for proposed Jocatjoo. (Use extra sheets if nece-ssary) SPEC!AL STIPULATIONS: (in addition to conditions on reverse side) Refer to Attachement fl DATE OE' APPLICATION: September l5 , 19 90 DATE OF, INTENDED USE {not to exceed one year) :rom~l/90 to9/30/91 CONTACT PERSON, if ot.her than applicant: _______________ _ Name P.O. Box 190869. Anchorage. AK (907) 561-7877 A~s Phon• Position/Title ,;;~~ /J/r' h-e {iff /1-'i;fl' f;/a/?ZJ ~TUltiOF APPL.tcANT OR Atn'IDRIZED RUR!:SENTATfVE .,....-:-T-ide~-----Oate APPt.ICAT tf. Denied C~~__!!.ted u 1110dif ied---::., By . <¥""--1 o "fo Division of Land Kanaq••nt OONO IS REQUIRED {S" attached bond) SUPPt.EHE~L INFORMATION ___________________________________________ ___ L0-1084 l2/8L (rev.) ,: ·-~ ! ·. ,J(:: .-~.:, / Alaska Energy Authority Bradley Hydroelectric Project Transmission Line Access Roads and Shuflys Land Use Permits Attachment 1 SCR 91-009 A through J Special Stipulations I. DEFINITION A. B. . . c. D. E. F. "DLWM Authorized Officer {AO)" means the Southcentral Regional Manager of the Division of Land and Water Management (DLWM), or a person delegated to exercise her authority. "DLWM Field Representative (DLWMFR)" means the "on-site" representative of the AO who has been delegated the authority as contained in these special stipulations. The Alaska Energy Authority and its authorized agents, representatives and employees are hereinafter referred to as the AEA. . -"Alaska Energy Authority Environmental Field Officer {AEAEFO)" means the person designated by the AEA to coordinate activities with other federal, state and local agencies, as well as the AEA's contractors. "Shuflys" as used in these special stipulations means Land Use Permits SCR 91- 009 A through J which lie upon state lands. "Wetlands" means those areas inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, bogs, marshes and similar areas. 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 Mitigation Plan, including any future changes. ATIACHMENT 1 SCR 91-009 A-J PAGE2 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 authorization. 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 of conditions associated with this .authorization, 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, 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 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, whenever such condition is a result of a breach of the terms associated with this authorization. C. Right of DLWM 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 or refuse to perform any action required by this authorization or by the AO, DLWM 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, DLWM will confer with AEA, if practicable to do so, regarding the required action that is included in the demand. ATTACHMENT 1 SCR 91-009 A-J PAGE 3 D. Alaska Energy Authority Environmental Field Officer AEA shall designate an environmental field officer (AEAEFO) to coordinate activities with other federal, state and local agencies; and with the authority to assure compliance with this authorization and to modify or suspend any field activities. E. Resolution of Conflict Procedure If the DLWMFR and the AEAEFO are unable to reach agreement concerning a field activity, the activity will be immediately suspended by the AEAEFO under direction of the DLWMFR, 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 DLWM Director and AEA Executive Director. Any suspended activity shall not resume until written authorization from the AO or the DLWM,Qirector 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 DLWM Director shall have final authority to determine those revisions or amendments. G. Reservation of Certain Rights to DLWM 1. There is reserved to DLWM 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 DLWM grants an additional right-of-way for a compatible use, DLWM will notify AEA of its intentions and shall consult with AEA before taking final action. 2. The granting of this authorization is subject to the express condition that the exercise of the rights and privileges granted under this authorization will not unduly interfere with the management, administration, or disposal by DLWM of the land affected by this authorization, and AEA agrees and consents to the occupancy and use by DLWM, 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. ATTACHMENT 1 SCR 91-009 A-J PAGE4 H. Valid Existing Rights This authorization, 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 authorization and DLWM makes no representations or warranties whatsoever, either express or implied, as to the existence, number, or nature of any valid existing rights. I. DLWM Transportation Upon reasonable notice the AEA will provide transportation for DNA 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 and/or this authorization may require additional field inspections. . . J. Notification of Utilization AEA shall notify DLWM in writing at least seven days before initial commencement of construction and/or utilization of each shufly. K. Schedule of Shuflys Before the completion of construction activities on the Bradley Lake Transmission Line (ADL 223192), AEA shall submit to the AO a schedule of shuflys needed for permanent operation and maintenance access, and shuflys which AEA proposes to put to bed. No shuflys may be put to bed unless approved in writing by the AO. Prior to completion of construction of the Bradley Lake Transmission Line, AEA shall submit centerline location sketches, which show approximate locations of section comer ties as the road crosses surveyed and/or protracted section lines, for each permanent shufly to the AO. L. Completion Reports The permittee will submit the attached completion reports to the Division of Land and Water within thirty (30) days after the Land Use Permits expire. The completion reports will include a detailed description of the type of land use which occurred on the state land identified in the land use permits. ATTACHMENT 1 SCR 91-009 A-J PAGE 5 M. Requests for Data For purposes of information and review, DLWM 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 authorization. N. Antiquities and Historical Sites If, in connection with any of the activities authorized under this authorization, AEA, its officers, agents, employees, contractors, subcontractors or their personnel encounter any paleontological, archaelogical or historical sites or srtifacts, field activiti~s shall be suspended on that portion of the project area by the AEA, and the DLWMFR shall be immediately notified. If necessary, AEA will coordinate with the State Historical Preservation Officer, inconsultation with DLWM, 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. 0. Fine Tuning Any changes in the alignment of the shuflys will require the prior written approval of the AO. The AO reserves the discretionary authority to require a re-determination of the State's interest for any significant proposed changes. ' Ill. ENVIRONMENTAL PROTECTION A. Erosion Control The design of the transmission line, associated structures and improvements within the project area shall include specifications for the construction of erosion control and drainage features that will avoid or minimize erosion resulting from construction activities. 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. If reseeding is necessary, native seeds shall be used where practical for reseeding. Seed mixes shall be approved by the DLWMFR upon request. ATTACHMENT 1 SCR 91-009 A-J PAGE 6 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 culverts shall be installed to maintain surface drainage patterns and to prevent ponds. C. Stream Banks Any alteration of stream banks must be rehabilitated to the satisfaction of DLWM 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. E. Fuels, Lubricants, Paints and Other Potential Pollutants 1. Fuels, lubricants, paints and other potential pollutants will be stored a minimum distance of 300 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 DLWMFR. 2. Fuel storage facilities must be within an impermeable diked area of 11 0 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. ATIACHMENT 1 SCR 91-009 A-J PAGE 7 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 sorbent 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 activiti~s associated with this authorization. H. Waste Disposal All waste generated during construction, operation, maintenance and termination activities under this authorization shall be removed or otherwise disposed 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. J. Restoration AEA shall, in areas where clearing and construction activities have resulted in removal of ground vegetative cover, creation of excavations, 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. ATTACHMENT 1 SCR 91-009 A-J PAGE 8 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 of the landscape or silting of streams. Clearing within 1 00 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 authorization 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 6 inches in diameter which are not removed, shall be disposed of in any one of the following methods or a combination thereof: 1. Spruce: a. Logs shall be cut into six-foot lengths or less and have a minimum of fifty percent (50%) of the bark stripped, or the logs may be cut into four-foot lengths and with at lease twenty-five percent (25%) of the bark stripped. Stripping (defined as the removal of bark to fully expose the xylem tissue) shall be evenly distributed within all four quadrants over the entire length of the log. The cut logs shall be scattered in open areas of the right-of-way clearing and will not be covered by slash, brush or other residue. ATIACHMENT 1 SCR 91-009 A-J PAGE 9 b. Burning shall be in compliance with the Alaska Department of Environmental Conservation's regulation 18 AAC 50.030 and the Alaska Department of Natural Resources permit requirements. c. Logs shall be cut into maximum six-foot lengths and ripped the full length, with a chain saw, or similar device, to a depth of at least one inch. Cuts shall be evenly distributed around the log, except that portion in direct contact with the ground. The number of cuts per log shall be as follows: Diameter of Cut Section Less than or equal to one foot Less than or equal to two feet Less than or equal to three feet J_ess than or equal to four feet Greater than four feet Number of Cuts Two Three Four Five Six The cut logs shall be scattered (not piled} in open areas of the right-of-way and will not be covered by slash, brush or other residue. 2. All other tree species: Logs shall be cut into 1 0 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; or 3) piling and burning in accordance with procedures and practices established by the air quality regulations of the Alaska Department of Environmental 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. ATIACHMENT 1 SCR 91-009 A-J PAGE 10 V. GROUND VEHICLE USE Stipulations A through C apply to year round application. A. Generally, vehicles shall be operated in a manner such that blading or removal of vegetative mat does not occur except as approved by the DLWMFR. Filling of low spots and smoothing by the use of snow and ice is allowed. B. Vehicle Use Within Access Path Shuflys Vehicles shall be operated in a manner which minimizes blading or removal of vegetative cover. 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. Ice or snow Qridges 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. C. The permittee shall be responsible for implementing erosion control and restoration measures per Sections III.A. and III.J. of this authorization to rectify ground disturbance caused by any vehicle use or construction activity. Final approval of the adequacy of said measures shall be the responsibility of the DLWMFR. VI. 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. C. Raptors The DLWMFR and United States Fish and Wildlife Service shall be notified of all eagle nests located during construction of the transmission line. ATIACHMENT 1 SCR 91-009 A-J PAGE 11 D. Electrocution of Birds All transmission facilities in any way connected with this project shall be designed in accordance with Raptor Research Report #4 entitled "Suggested Practices for Raptor Protection, the State of the Art in 1981." E. Stream Crossings All stream crossing activity is subject to AS 16.05.870. VII. BLASTING • -A. Applicable Laws and Regulations Any u~e 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 DLWMFR. The general plan shall be submitted for review and approval at least 1 0 days before any initiation of blasting. VIII. ACCESS A. Geographical Limits of Ground Vehicle Operation Mobile ground equipment and/or 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 AO. Unauthorized overland travel and creation of roads beyond those requested and approved are prohibited. B. Existing Crossings AEA may not restrict access by making impassable existing roads or trails, if in use. ATIACHMENT 1 SCR 91-009 A-J PAGE12 C. Regulation of Public Access AEA may regulate public access and vehicular traffic within the project area during construction as required to facilitate operations and protect the public. For this purpose, AEA may provide warnings, flagmen, barricades and other safety measures as necessary. D. 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 regulaijon, this authorization 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 .. E. 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. F. AEA shall notify and obtain approval from the DLWM 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. ATTACHMENT 1 SCR 91-009 A-J PAGE13 I, having read these special stipulations for SCR's 91-009 A through J, hereby agree that AEA will abide by the requirements of this authorization and these special stipulations. fJ.::Jfr!.L Ox .1, lf_t_o David A. Eberle, Project Manager Date Alaska Energy Authority VG:DP\FLY . ~ r r r I I l I ,, r~ ~ I.' l ' I iJ '< 'r\\ L I f: : I I If l DIVISION OF LAND AND WATER MANAGQdfNT SOUTHCENTRAL ~6GfON i : j . '\ .. U'jl J ~ I ..... ' I I Tn I I " .. October 9, 1990 /'.I I . ,, ,\ Ef-iLi · .. : · iHOhil; Mr. David Eberle, Project Manager Alaska Energy Authority P.O. Box 190869 Anchorage, Alaska 99519-0869 Re: Land Use Permits, SCR 91-009A through J SCR 91-0lOA and B Dear Mr. Eberle: ' • •·· V "'"' ~ I~--' <,.,. \ I , ! it[ NO ;,,J<:HUHAGE. ALASKf, 9''' 111 ,'005 PHil '>If:\~\·· I Sfi 1· 2020 :: ,, Enclosed you will find the executed Land Use Permits SCR 91-009A through J and SCR 91 010A and B f:or lateral access along the Bradley Lake Hydroelectric Transmission Line Project, ADL 223192. Please be advised that the subject Land Use Penni ts exp1re on Septerr~er 30, 1991. If you have any questions concern1ng this letter, please contact this office at 76~ 2270. Sincerely, ~z(~iA~/ Dave Perez () Natural Resource Officer DP \BRAD\SCR9l.EXT cc: Tom Arminski, Alaska Energy Authority Dave Trudgen, Alaska Energy Authority STATE OF ,;:_,;si\.A DEPAR:'~Em' CF ~T"...;RAL RESOuRCE:S DIVISION OF L;;..\10 & WA7ER :-lAAAG~:-!E:lT P. 0. 3ux 7C05 Anc~or~ge, AK 995i0-7005 Lrl~D USZ APPLICAT:ON AND PERMI~ r~E :~:-.i , •• ; ·c; DEPT. Or Nl\1 1 ':' ;,::c;;n'YCfS 'f)." 1 , I 01>' .I. $50.00 Fee 2. A? P!...IC.;N~ l. PER."! IT -For Off ice Gse c :11'1 Alaska EnergyAuthority L; /j(_, '-~-...._ ____ S<:'iZ q, ,· iO A ~arne (Last) (First) (Ml) Received by District Year Number PO Box 190869 Anchorage Alaska 99519-0869 (907)561-7877 St.reet/P.O. Box City State Zip Phone J. LAND LOCATION: Township , Range Meridian,Section __ Portion __ _ Other Description See attached description Eagle Lake to Caribou Lake Access 4. PROPOSED ACTIVITY: Temoorary 50' wide trail to provide access across 5. 6. 7. 8. 9. 10. state lands to ADL 223192 for clearing and construction of Bradley Lake Hydroelectric Project transmjssjon line (Use extra sheets if necessary) S?EClrlL STIPULATIONS: (in addition to conditions on reverse side) Refer to Attachement fl DATE OF APPLICATION: Se2tember 15 , l9.2.Q_ DATE OF INTENDED USE (not to exceed one year) From 10L1L90 to 900 91 CONTACT PERSON, if other than applicant: Name PO Box 190869, Anchorage, AK (907}561-7877 A7}ss ~ Phone Position/Title :d. ALL lL,-t;"·fif~'~· zJdt:~ SIGNATURE OF APPLICAN't OR AUT!C)RIZED REPRESENTATIVEHl; ~ APPLICA ON IS Granted Denied <:§ranted-;~~ By_~~~~~~~~~~--~----------~~~~4---------------------0iVlsion of Land an Water Hanaqement 11. OOND I5--REQUIRED (See attached bond) 12. SUPPLEMENTAL INFORMATION. _____________________ _ 10-1084 12/81 (rev.) l. This per:nit conveys no interest in state land. This permit is nonrenewatle. ~·..:-:: r...::y =~ =:::!s:::.:.~.:! ~i==~· "ppl!.~2~:..:::: =~ .. ~':e pe-:n.i~ hol~er at t!1e st.:ltP's discr~t.:..o:-1. The permit reissuance period may not exceed one year. This permit is revocabLe immediately, with or without cause. If revoked without cause, the permit hcl~er shall be afforded 30 days within which to ~emove his possess1ons and vacate t~e premises. This permit is not t=ansfer=able. It is issued to authorized spec:fic activities requested by the applicant and which are not included in the categc~y of "generally permi tt:ed uses." 2. This land use pe-rmit is subject to the following provisions: a. Activities employing wheeled or tracked vehicles shall be conducted in such a manner as to minimize surface damage. b. Existing roads and trails shall be used wherever possible. Trail widths st~ll be kept to the minimum necessary. Trail surface may be cleared of timber, stumps and snags. Due care shall be used to avoid excessive scarring or removal of ve<;eta ti ve ground cover. c. All activities shall be conducted in a manner that will minimize disturbance of natural drainage systems that will not cause a change in character, pollution, siltation of streams, lakes, ponds, water holes, seeps and marshes, or disturb fish and wildlife resources. Cuts, fills, or other activities causing any of the above disturbances, if not repaired immediately, are subject to any corrective action as may be required by the director • . a. Unless herein permitted, the director prohibits the disturbance of vegetation •::.~.:.:-'H"':' !e"!t :~ 3.,Y waters locateC'. '.n spec•,lly ~~·'lii~natP.d ar.::!'!"' '!.<; pr~>sc~ibed in Chapter ,5~22, Section 1, Paragraph 2.2 of the division's Poli.::y and r===acure Manual, except at designated stream crossings. These special designations are noted on the State of Alaska land status plats. e. All activities shall be undertaken in a manner which causes the least possible interference with other authorized uses of state lands. f. Trails and campsites shali be kept clean. All garbage and foreign debris sr~ll be eliminated by removal, burning or burial, unless otherwise authorized. g. All survey monuments, witness corners, reference monuments, mining claim pos~s and bearing trees shall be protected against destruction, obliteration o~ damage. Any damaged or obliterated markers shall be reestablished in accor=ance with accepted survey practices of the division. h. Every reasonable effort shall be made to prevent, control or suppress any fire in the permitted area. Uncontrolled fires shall be reported immediately.· i. Holes, •pits and excavations shall be filledi plugged or repaired. Holes, pits and excavations necessary to verify discovery on prospecting sites, mining claims and mining leaseoold locations may be left open but shall be maintained so as to minimize erosion and siltation and shall be consistent with public safety and welfare. j. No person may engage in mineral exploration activity on land open to such use, the surface of which has been granted or leased to third parties by the State o!' Alaska, or on land in which the state has received the reserved interest of the United States until good faith attempts·have been made to agree with the sur:ace lessee on a settlement for damages which may be caused by such activity. If located within a reasonable time, operations may be commenced on the land only after specific approval of the director, and after making adequate provision for full payment of any da~~ges which the surface owner or lessee may suf!er. k. Entry on all lands under prospecting permit, lease or claim, by other ttan the holder of the permit, lease or claim, or his authorized representative, shall ~e made in a manner which will prevent unnecessary or unreasonable interference with the rights of the permittee, lessee or claimant. 3. If applying for exclusive use an additional $50.00/acre/year is required. with a $100.00/year minimum. :..:· ~ j ' ..... I .·--.t· .. · ' j~ -_ I - 2!.:' ~:> 2:, I ' ( I --_ . I _(~ I ·· ) =tltta(+n:ne~ • ~·I 1-· ·---I - ~ __, ~ .. -• J ~:;.. ... ,_ ]8 . ~; . ~~ • ' I JM:,4 --+--~__._ _ _!1 I 33 4 !6 "21 ]8 33 )4 i I I ..... I . J~ •. -.. 'f. (? !· : ..... ~ • ·. 0 ; • -# "··· .! ..... '· .... I )1:/~:·/ lr;~ .. / ,I! Mud Flit . ·--~--'-... · Ia rilm, !•"l .. ·. c· -_--.----~./: :--------,,--· ~--·--·----- 1; 'i ., __ .---... -' La~·.. :-e . ; 4 ..... ,. - .. I \ \ \ I . . I -. ' ·. 1-.11 . ' . • • I ·r • ,' ,. .. /"· '"--.. : -... _ -1 ------~----· \ I / ............ / /·....., .J 1•7'"" ~-I ! .• I -. ... .r ..: ........... ·-._....; .. -.. / _/ .. I \;.') ~/ ' STATE OF .;:.;s;v,. CE?.:...R:'~ENT CF ~7'-.::?.AL RESCCRCES DI"IIIS :CN OF L.\ND & WriTER ~.A;.:.;GE:tE:-iT P. 0. 3ox 7005 ·':· ,: . .J<; ,, } A~c~or~ge, AK 995i0-7005 r...;..;.JD tJSE APPLICATION A:~D ?E?.M!T 550.00 =~~~ng Fee 2. A?Pr.::.;:rr 1. PER.'1IT -For Off ice Gse Cnl·; Alaska Enerqy Authority '(/,'l}~, ~:~Li(__ :; i ._,/I h C" Name (Last) (F irstl (MI) Received by District Year Nurr.ber PO Box 190869 Anchorage Alaska 99519-0869 (907)561-7877 Street/P .0. Box City State Zip Phone 3. LAND LOCATION: Toor..rnship , Range Meridian, Section __ J?ortion. __ _ Other Description See attached descrjotjon Fox Rjyer Valley access 4. PROPOSED ACTIVITY: Temporary 50' wide trail to provide access across state lands to ADL 223192 for clearing and construction of Bradley Lake Hydroelectric Project transmission line. (Use extra sheets if nece-ssary) 5. S?ECirlL STIPULATIONS: (in addition to conditions on reverse side) Refer to AttachpMent fl 6. DATE OF APPLICATION: September 15 , 19~ 7. DATE OF INTENDED USE (not to exceed one year) :rom 10/1/90 to 9/30/91 8. CONTACT PERSON, it other than applicant: _______________ _ Name PO Box 190869. Anchorage. AK (907) 561-7877 A~s Phone Position/Title 9. 10. APPLICAT Denied By __ ~~~~~~~~~~~----~~~~~------------Division ot L&nd Manaqcnent 11. OOND I&-REQUIRED (See attached bond) 12. SUPPLEME~L INFORMATION _________________________________________ ___ 10-1084 12/81 (rev.) { \ 1. This permit conveys no interest in state land. This permit is nonrenewable, ~·..::: r:..:.y =~ ==.i.s:::.:~.:! up~:. '-lppl!.~.:~i.=:: =~· t:..e pe"""mi:. holr1er a.t the st.J.t.P 1 S discr~ti.o:~. The permit reissuance period may not exceed one year. This permit is revocab~e immediately, with or without cause. If revoked without cause, the permit hol~er shall be afforced 30 cays within which to remove his possess~ons and vacate t~e pra~ises. This per.nit is not transfer=able. It is issued to authorized spec~!ic activities requested by the applicant and which are not included in the category of "generally per:ni tted uses." 2. This land use p~~it is subject to the following provisions: a. Activities employing wheeled or tracked vehicles shall be conducted in such a manner as to minimize surface damage. b. Existing roads and trails shall be used wherever possible. Trail widths sr4ll be kept to the minimum necessary. Trail surface may be cleared of timber, stumps and snags. Due care shall be used to avoid excessive scarring or removal of vegetative ground cover. c. All activities shall be conducted in a manner that will minimize disturbance of natural drainage systems that will not cause a change in character, pollution, siltation of streams, lakes, ponds, water holes, seeps and marshes, or disturb fish and wildlife resources. Cuts, fills, or other activities causing any of the above disturbances, if not repaired immediately, are subject to any corrective action as may be required by the director. ·a .. Unless herein permitted, the director prohibits the disturbance of vegetation ·::.:.!':..:!.::-1nt' !e-~t :! 3"'1Y \o'!Aters locatec. i.n spec'l'lly -t~c;i~natP.d ar:::-~ "!<; pr,.scribed in Chapter ,5~22, Section 1, Paragraph 2.2 of the division's Policy and r~==zaure Manual, except at designated stream crossings. These special designations are noted on the State of Alaska land status plats. e. All activities shall be undertaken in a manner which causes the least possible interference with other authorized uses of state lands. f. Trails and campsites shali be kept clean. All garbage and foreign debris sr4ll be elL~inated by removal, burning or burial, unless otherwise authorized. g. All survey monuments, witness corners. reference monuments, mining claim posts and bearing trees shall be protected against destruction, obliteration or damage. Any damaged or obliterated markers shall be reestablished in accordance with accepted survey practices of the division. h. Every reasonable effort shall be made to prevent, control or suppress any fire in the permitted area. Uncontrolled fires shall be reported immediately.· i. Holes~·pits and excavations shall be filled, plugged or repaired. Holes, pits and excavations necessary to verify discovery on prospecting sites, mining claims and mining leaseoold locations may be left open but shall be maintained so as to minimize erosion and siltation and shall be consistent with public safety and welfare. j. No person may engage in mineral exploration activity on land open to such use, the surface of which has been granted or leased to third parties by the State of Alaska, or on land in which the state has received the reserved interest of the United States until good faith attempts·have been made to agree with the surface lessee on a settlement for damages which may be caused by such activity. If located within a reasonable time, operations may be commenced on the land only after specific approval of the director, and after making adequate provision for full payment of any damages which the surface owner or lessee may suffer. k. Entry on all lands under prospecting permit, lease or claim, by other than the holcer of the permit, lease or claim, or his authorized representative, shall =e made in a manner which will prevent unnecessary or unreasonable interference with the rights of the permittee, lessee or claimant. 3. If applying for exclusive use an additional SSO.OO/acre/year is required, with a $100.00/year minimum. ,. ~ ~··. ~. .. ·~ HHiU e ??:" -· "?;~;:F~!I I • . -.:~; !.~ ~~~:m~ t :1! i m~m AT"'"'JArnt·lENf 1 -:: It ~ l! ,,.. ~ ~ .. ~ ~ ,. ~ ~ .. • z 0 :i•J r•l• I II II il ilHI!I £1 ~~ ""0 p 0 u. .. . • •i• -~ !" J I !J !i • • !~=~=: l i! '"· I' l z '" t ij•i ; ;B H ,~. z u I . "' •::;n• . i ~~~-·;. -· .ll ~ : : !IIC~ iHfi~ ; i! li ~-·I ~· . ~· "'I ::0 0 . ;!~i . ,, ., .. , . .. i•" II :1 .. ~ •fiU Hi .. )> !l c • II . ~~ • i .. h ;, li ~ .. ~ ;E!E '~ .. ~-~ .. •:,e ~Hi~= I F n r•·s I I ! h -~ it I~ i :: X F.""" ~~ ·~ ~I ; "' i!l; .~~~ i~l··~ .. , !i i i ll ~ a !! i vi s ~\l t '• l ~•••I• I %J· ·e '1 . i •Pi ;hi i ~~ o! ~~ 1;:' I!:? i 0 .. . z~~· I h •<•:l • fj ,, i * .1.e! :x: I o : ! ilji a •i .: h :: I ~~H 1: I ·~Ql i I· .. I~ z .. l & •' fi H~o, PI ~~ . ' ,... ll ·:;F~ ~.,~ GJ'' I iJi:l I IC> z 1 I h'· s n ~~ I ii dt 'I rn 0 !I i~!l _,..,~ '· '" ! i ' Uli •• I·~" lfi • • ..... i;:!l ~ I I II ' . n i ... 1 1 I •q : J.l c:i~ • d ' ... • lm I ~·-' • / \ ~, ,__..---.._, :'>/ . , "/ r!ifC ;·,CD P Sou••,_:,J990 .('f'>lt' ')of1t . '8 Alaska Energy Authority ' G:~\ ,;~,~. . ;01 ;1 Bradley Hydroelectric Project Transmission Line Access Roads/.,., '"r-f.• () Land Use Permits '·, v Attachment 1 ~ SCR 91-010 A and B Special Stipulations I. DEFINITION A. "DLWM Authorized Officer (AO)" means the Southcentral Regional Manager of the Division of Land and Water Management (DLWM), or a person delegated to exercise her authority. B. "DLWM Field Representative (DLWMFR)" 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 Environmental Field Officer (AEAEFO)" 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. "Access roads" as used in these special stipulations means Land Use Permits SCR 91-010 A and B which lie upon state lands. F. "Wetlands" means those areas inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, bogs, marshes and similar areas. 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 Mitigation Plan, including any future changes. ATTACHMENT 1 SCR 91-010 A&B PAGE 2 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 authorization. 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 of conditions associated with this authorization, 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, 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 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, whenever such condition is a result of a breach of the terms associated with this authorization. C. Right of DLWM 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 or refuse to perform any action required by this authorization or by the AO, DLWM 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, DLWM will confer with AEA, if practicable to do so, regarding the required action that is included in the demand. ATTACHMENT 1 SCR 91-010 A&B PAGE 3 D. Alaska Energy Authority Environmental Field Officer AEA shall designate an environmental field officer (AEAEFO) to coordinate activities with other federal, state and local agencies; and with the authority to assure compliance with this authorization and to modify or suspend any field activities. E. Resolution of Conflict Procedure If the DLWMFR and the AEAEFO are unable to reach agreement concerning a field activity, the activity will be immediately suspended by the AEAEFO under direction of the DLWMFR, 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 DLWM Director and AEA Executive Director. Any suspended activity shall not resume until written authorization from the AO or the DLWM 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 DLWM Director shall have final authority to determine those revisions or amendments. G. Reservation of Certain Rights to DLWM 1. There is reserved to DLWM 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 DLWM grants an additional right-of-way for a compatible use, DLWM will notify AEA of its intentions and shall consult with AEA before taking final action. 2. The granting of this authorization is subject to the express condition that the exercise of the rights and privileges granted under this authorization will not unduly interfere with the management, administration, or disposal by DLWM of the land affected by this authorization, and AEA agrees and consents to the occupancy and use by DLWM, 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. ATTACHMENT 1 SCR 91-010 A&B PAGE 4 H. Valid Existing Rights This authorization, 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 authorization and DLWM makes no representations or warranties whatsoever, either express or implied, as to the existence, number, or nature of any valid existing rights. I. DLWM 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 and/or this authorization may require additional field inspections. J. Notification of Utilization AEA shall notify DLWM in writing at least seven days before initial commencement of construction and/or utilization of each access road. K. Schedule of Access Roads Before the completion of construction activities on the Bradley Lake Transmission Line (ADL 223192), AEA shall submit to the AO a schedule of access roads needed for permanent operation and maintenance access, and access roads which AEA proposes to put to bed. No access roads may be put to bed unless approved in writing by the AO. Prior to completion of construction of the Bradley Lake Transmission Line, AEA shall submit centerline location sketches, which show approximate locations of section corner ties as the road crosses surveyed and/or protracted section lines, for each permanent access road to the AO. L. Completion Reports The permittee will submit the attached completion reports to the Division of Land and Water within thirty (30) days after the Land Use Permits expire. The completion reports will include a detailed description of the type of land use which occurred on the state land Identified in the land use permits. ATTACHMENT 1 SCR 91-010 A&B PAGE 5 M. Requests for Data For purposes of information and review, DLWM 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 authorization. N. Antiquities and Historical Sites If, in connection with any of the activities authorized under this authorization, AEA, its officers, agents, employees, contractors, subcontractors or their personnel encounter any paleontological, archaelogical or historical sites or srtifacts, field activities shall be suspended on that portion of the project area by the AEA, and the DLWMFR shall be immediately notified. If necessary, AEA will coordinate with the State Historical Preservation Officer, inconsultation with DLWM, 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. 0. Fine Tuning Any changes in the alignment of the access roads will require the prior written approval of the AO. The AO reserves the discretionary authority to require a re-determination of the State's interest for any significant proposed changes. Ill. ENVIRONMENTAL PROTECTION A. Erosion Control The design of the transmission line, associated structures and improvements within the project area shall include specifications for the construction of erosion control and drainage features that will avoid or minimize erosion resulting from construction activities. 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. If reseeding Is necessary, native seeds shall be used where practical for reseeding. Seed mixes shall be approved by the DLWMFR upon request. ATTACHMENT 1 SCR 91-010 A&B PAGE 6 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 culverts shall be installed to maintain surface drainage patterns and to prevent ponds. C. Stream Banks Any alteration of stream banks must be rehabilitated to the satisfaction of DLWM 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. E. Fuels, Lubricants, Paints and Other Potential Pollutants 1. Fuels, lubricants, paints and other potential pollutants will be stored a minimum distance of 300 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 DLWMFR. 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. ATTACHMENT 1 SCR 91-010 A&B PAGE 7 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 sorbent 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 authorization. H. Waste Disposal All waste generated during construction, operation, maintenance and termination activities under this authorization shall be removed or otherwise disposed 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. J. Restoration AEA shall, in areas where clearing and construction activities have resulted in removal of ground vegetative cover, creation of excavations, 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. ATTACHMENT 1 SCR 91-010 A&B PAGE 8 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 of the landscape or silting of streams. Clearing within 1 00 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 authorization 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 6 inches in diameter which are not removed, shall be disposed of in any one of the following methods or a combination thereof: 1. Spruce: a. Logs shall be cut into six-foot lengths or less and have a minimum of fifty percent {50%) of the bark stripped, or the logs may be cut into four-foot lengths and with at lease twenty-five percent {25%) of the bark stripped. Stripping (defined as the removal of bark to fully expose the xylem tissue) shall be evenly distributed within all four quadrants over the entire length of the log. The cut logs shall be scattered in open areas of the right-of-way clearing and will not be covered by slash, brush or other residue. ATTACHMENT 1 SCR 91-010 A&B PAGE 9 b. Burning shall be in compliance with the Alaska Department of Environmental Conservation's regulation 18 AAC 50.030 and the Alaska Department of Natural Resources permit requirements. c. Logs shall be cut into maximum six-foot lengths and ripped the full length, with a chain saw, or similar device, to a depth of at least one inch. Cuts shall be evenly distributed around the log, except that portion in direct contact with the ground. The number of cuts per log shall be as follows: Diameter of Cut Section Less than or equal to one foot Less than or equal to two feet Less than or equal to three feet Less than or equal to four feet Greater than four feet Number of Cuts Two Three Four Five Six The cut logs shall be scattered (not piled) in open areas of the right-of-way and will not be covered by slash, brush or other residue. 2. All other tree species: Logs shall be cut into 1 0 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; or 3) piling and burning in accordance with procedures and practices established by the air quality regulations of the Alaska Department of Environmental Conservation and the Division of Forestry. H. AEA shall ensure that the use of the access traits 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. V. GROUND VEHICLE USE A. Generally, vehicles shall be operated in a manner such that blading or removal of vegetative mat does not occur except as approved by the DLWMFR. Filling of low spots and smoothing by the use of snow and ice is allowed. B. Winter Travel ATTACHMENT 1 SCR 91-010 A&B PAGE10 1. 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 DLWMFR. Certain on-wetlands activities may begin sooner than others depending on the impact or magnitude of the operation. Ice roads and ice pads may be constructed in the work areas as long as they are thick enough to prevent damage to wetlands. 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 of watercourses shall not be altered in the construction of snow and ice bridges. 2. Winter wetland travel shall be terminated prior to spring breakup of each year, or anytime after April 15, upon 72 hours notice by the DLWMFR. C. Non Winter Travel 1. Use of ground contact vehicles in wetlands at times of the year when snow and/or ice cover are not sufficient to provide adequate protection of vegetative cover and soils is prohibited except under the following conditions: a. The vehicle being used exerts a ground pressure of 3.5 psi, or less, or; b. the vehicle is a tracked or rubber tired vehicle, which when operated on a mat, will exert an effective ground pressure of 3.5 psi, or less, as attested to by a professional engineer. A 3.5 psi may also be achieved if the vehicle is a tracked vehicle whose weight to track length ratio is 4,000 pounds per foot or less and that vehicle will be operated and fully supported upon log mats at least fifteen (15) wide or their equivalent. 2. The DLWMFR shall be notified, prior to mobilization into the field, of each piece of equipment to be used which falls under the provisions as outlined in a. and b. above. ATTACHMENT 1 SCR 91-010 A&B PAGE 11 D. The Permittee shall be responsible for implementing erosion control and restoration measures per Sections III.A and III.J of this authorization to rectify ground disturbance caused by any vehicle use or construction activity. Final approval of the adequacy of said measures shall be the responsibility of the DLWMFR. VI. 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. C. Raptors The DLWMFR and United States Fish and Wildlife Service shall be notified of all eagle nests located during construction of the transmission line. D. Electrocution of Birds All transmission facilities in any way connected with this project shall be designed in accordance with Raptor Research Report #4 entitled "Suggested Practices for Raptor Protection, the State of the Art in 1981." E. Stream Crossings All stream crossing activity is subject to AS 16.05.870. ATTACHMENT 1 SCR 91-010 A&B PAGE12 VII. 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 DLWMFR. The general plan shall be submitted for review and approval at least 10 days before any initiation of blasting. VIII. ACCESS A. Geographical Limits of Ground Vehicle Operation Mobile ground equipment and/or 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 AO. Unauthorized overland travel and creation of roads beyond those requested and approved are prohibited. B. Existing Crossings AEA may not restrict access by making impassable existing roads or trails, if in use. C. Regulation of Public Access AEA may regulate public access and vehicular traffic within the project area during construction as required to facilitate operations and protect the public. For this purpose, AEA may provide warnings, flagmen, barricades and other safety measures as necessary. ATIACHMENT 1 SCR 91-010 A&B PAGE13 D. 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 authorization 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. E. 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. F. AEA shall notify and obtain approval from the DLWM 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. I, having read these special stipulations for SCR's 91-010 A and B, hereby agree that AEA will abide by the requirements of this authorization and these special stipulations. il::J~-David R. Eberle, Project Manager Alaska Energy Authority VG:DP\ROAD Ocr :2 /2?0 Date r- r } [ i . FEB 2C, 1'j·' S T ri AlASKA RJWffi Afin\oRft't S K A DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT 3601 CST., PO BOX 7005 ANCHORAGE. AK. 99510-7005 PHONE= 907-561-2020 R ~ r c ~ v [ D \li..'~!'..~ 'i:. APR 1 :, 1987 AK POWER AUTH.DCED 70 I E TUDOR RD SWEC-ANCHORAGE PO I-<OX 190869 ANCHORAGE. AK. 995190869 FJLE NO. {)rnl ·~2/26/1987 CERTIFIED MAIL ~ RETURN RECEIPT REQUESTED RE: WATER RIGHTS PERMIT LAS 10581 ENCLOSED JS 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 NOTIFY OUR OFFICE IN ORDER TO OBTAIN A PERMANENT WATER RIGHTS •cERTIFICATE OF APPROPRIATION•. 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 437 EST., SUITE 200 ANCHORAGE. AK. 99501 PHONE: 907-279-0254 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 SUBJECT TO TERMINATION WITHOUT FURTHER NOTICE. IF YOU HAVE ANY QUESTIONS ABOUT YOUR PERMIT OR WATER RIGHTS IN GENERAL. PLEASE CONTACT US. SINCERELY, MARGARET J. HAYES SOUTHCENTRAL REGIONAL MANAGER I{Y:~K~ DEBORAH K. HEEBNER NATURAL RESOURCE OFFICER ENCLOSURE CORRESPONDENCE DISTRIBUTION ACTION: COPfES: -~M .. I.J)II:..f (F; t-.! J I lt-v 17 v tf;;r..l Due Date: STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT PERMIT TO APPROPRIATE WATER LAS 10581 THE STATE OF ALASKA UNDER AS 46.15, THE ALASKA WATER USE ACT. AND THE REGULATIONS ADOPTED UNDER IT. GRANTS TO: AK POWER AUTH,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 i2/16/1986 B) DIULLED WELL WITH A PRIORITY DATE OF 12/16/1986 65000.0 GAL/DAY FOR HEAVY CONSTRUCT JAN 01 THRU DEC 31 THE LOCATION TO WHICH THIS WATER RIGHT APPERTAINS IS: BRADLEY LAKE HYDROELECTRIC PROJECT CONSTRUCTION CAMP WELL SITE, SAID SITE LOCATED WITHIN NW1/4NE1/4 SECTION 10. TOWNSHIP 5 SOUTH, RANGE 1\:) WEST,. ,SE~ARD MERIDIAN. THE LOCATION OF THE WATER SOURCES ARE TWO DRILLED WELLS, 80 FEET DEEP, WITHIN THE ABO'•iE DESCRIBED PARCEL OF F'ROF'EF~TY. 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 J 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 ACCEPfABLE ENGINEERING STANDARDS IN EXERCISING THE WATER R!GHT GRANTED BY THIS CERTIFICATE. DEFEND AND INDEMNIFY THE STATE AGAINST AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LEGAL ACTIONS. 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 OF THE f-'P1GE .I 1 f { r PERMIT TO APPROPRIATE WATER LAS 10581 WATER RIGHT GRANTED BY THIS CERTIFICATE. 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. ESTABLISH A METERING SYSTEM ACCEPTABLE TO THE DIVISION AND SUBMIT RECORDS TO THE DIVISION ON A QUARTERLY BASIS. SATISFY THE DRINKING WATER REGULATORY REQUIREMENTS ( 18 AAC 80.0101 > AND HAVE AN APPROVED WASTE WATER DISPOSAL SYSTEM IN EXISTENCE <18 AAC 72 ), WHEN USE IS MADE OF THE WATER. THIS PERMIT SHALL EXPIRE ON 12/17/j991 THIS PERMIT TO APPROPRIATE WATER IS-f;ISSUED BY AUTHORITY OF l AS 46.15.080 AND 11 AAC 93.120 ON --~~~~~j--~~------------'19~_1_. APPROVED: -~--1:~----------------- <J~,rf-~~:~ L~ s S.e-c.'\\:"' --------~-----------------------------TITLE: DIVISION OF LAND AND WATER MANAGEMENT p,-:.GE '} I DEI•AI{TltiEST OF NA1'lJI{..t\.L UI~SOIJitCI~S I I DIVISION OF LAND AND WATER MANAGEMENT j SOUTHCENTRAL REGION May 1, 1990 David R. Eberle RECEIVED M;., f' 2 1990 Alaska Energy Authority P.O. Box 190869 Anchorage, Alaska 99519-0869 ALASKA ENERGY AUTHORITY Re: Martin River Material Sale ADL 222655, Contract Extension Dear Mr. Eberle: STEVE COWPER, GOVERNOR ' 3601 C STREET BOX 107005 ANCHORAGE, ALASKA 99510-7005 PHONE: (9071561-2020 HAND DELIVERD ~/'(7'~1 It is the decision of the Division of Land and Water Management, through its Southcentral Regional Office to extend the Negotiated Material Sale contract, ADL 222665, until December 31, 1991. Please be advised that all terms and conditions of the sales contract issued on May 15, 1986, and extended on September 25, 1986, remain as written. If you have any question concerning this extension, please contact Dave Perez at 762-2270. Sincerely, ~6.~~ Richard Thompson, Chief Retained Lands DP:A:\bradey\matext cc: Tom Arminski, Alaska Energy Authority Dave Trudgen, Alaska Energy Authority Norm Bishop, Stone & Webster Engineering Corporation, Denver CORRFSPOI" . .'OfNCE DlSTRI!"'UTIQr-: ~CTION: COPIES: ~ : jJe c .. ··'(' i /)t't-M ,-15 /£ I //lv-QG $.,-./ Due Date: I ' ' 11n ut..:. JV I ••. /!. ... •... U'-...., • l . .STATE Ol" ALASKA DEPARTMENT 011' NATURAL RESOURCES DIVISION OF LAND & WATER MANAGEMENT TEMPORARY tibl~B U5E PERMIT TWP 90 -5A Pursuant to AS 4~.1,, as amen~ed and the rules and rQgulations promulgate5 thereunder, permission is hereby granted to tha Alask~ Power Authority, Department of Co~erce and Fcono~ic Develo~ement, P.o. BOX 190869, Anchorage, Alaska 99519- 0sGg, to appropriate water tor the general purpose of concrete hatching, dust control, compaction, and other construction uses associated with the 5radley Lake Hydroelectric Project located within unsurveyed Sections 2, 3 1 9, 10, 11, and 12, Township 5 south, Range 10 West; unsurveyed Sections 7 and a, Township 5 South, RAnge 9 West; an4 unsurveyed Sections 35 and 36, Township 4 south, Range 10 west, seward meridian. The quantities and points of take are; · 1. The use ot 22~,000 gallons per day from the mouth of Bradley Lake of the eradley River immediately downstream from Bradely La~e located witnin southwest 1/4 of unsurvey Section 8, Township 5 south, Range 9 West, Seward Meridian. · 2. The use of 1,000 gallons per day not to exceed 5,000 gallons in a sinq1e day from the powerhouse site located within NE1/4NW1/4 or unsurveyed Section 2, Township 4 South, Ranqe 10 West, seward Meridian. J. The use or 1,000 gallons per day not to exceed 5,000 gallons in a single day from .• an unnamed lake ~ocated within SEl/ 4 of unsurvey section 7, Township 5 South, Ranqe 9 West, Seward Meridian. . · 4. The use ot 225,000 gallons per day from the pond created within the material borrow sites at the Martin River Delta located Within E1/2SE1/4NW1/4, El/2SWl/4, Nwl/4SE1/4 ot unsurvey Section 9, Township 5 South, Ranqe 10 West, Seward Mer1o.1an. structures to be constructed and used: pymps. oust Control Equipment. 4nd Intakt screenn l Changes in the natural state of water are to be made as stated herein and for the purposes indicated. During the effective period of this permit, the permitee shall comply with the following conditions: CONDITIONS: L Follow acceptable enqineerinq standards in exercising the-rights·granted herein. -' · 2.· Comply with all applicable laws, and any rules and/or regulations issued thereunder. J. Indemnify the State aqainst and hold it harmles$ from any and all claims, demands, suits, loss, liability and expense for injury to or death of persons and damages to or loss of property arisinq out of or connQcted with the exercise of the privileges covered by this permit. 4. Notify the Alaska Division of Land and Watar Management upon CHANGE OF ADDRESS. 5. This permit does not authorize access to the point of water withdrawal. Proper access permission mugt be obtained from the appropriate land ownar. 6. To prevent any entrainment or impingement of fish in suspected fish-bearinq water, intake to pump~ with- drawing water from lakes or streams shall be fitted and maintained with screened int;!k~-enclo£:ures at all times. 7. No water riqhts or priority is astabli~hed by this temporary water use permit (ll AAC g3.210 b). s. No wastewater shall ha discharged without first securinq a permit from tha Alaaka Depart=ent of Enviromental Con~ervation (par~onal oo~unic~tion). 9. Aquatic life in Bradley Lake and River shall not oe adversely ~pacted. ( The, ·Di:.visiOIIl:Of ::-:I .• a:nd <:and ":Water-:Manaqam..ant. may cuspend ·operations. effected under t;:h·is "pa::t"mit.~wharuav,u:· ·such suapanii:ion shall in it" judgment be necessary to protact the public interest or that of a p~iOJ:~·apprOJ)r±a:tor:.,;~ 'j;,....;:;r: "::: C-':' · .. , .~.j.. ';r~<i. '.:T ;._·;. · ~·~S> .. ~:·.,: -:,~ · •.. ".;,;."1~-i: -t-.~f: -;:~.::.:. . .:. o.~r~.~:~.t· t;:~;.:-::;: .-..,.-.. ,.~.] :~ This ~e~~t shall expire: ----~D~e~c~em~~h~e~;~.~.~~~~=---------------------~---------'~lu9~9~1~----------- ... --•·<r~~.J J...,;:_·.~:i~t5:~:1.~ .. J.: .. ~. I.;_:""~. -t"!"' ·~:,. :· •: .·: ::0:.:~~:-: 1 ,· ••• ·, t. Date iss.ued: <-,. ·:. -:-.:::, ·~ ~, ·.':\" .f.'Jo: ... -.·: · • , · ~-:/::Z.· , · . , .. APPROVED: Natural Re~ources nd and Water Management .,... . ~· i. Ci F ~~ L .~ S K t4 DEP{;F:TI"'iENT OF Nf.1TUF<fiL nt:.~\OlJf<Ct.::S D Iii 1 S ( dN ClF L1iND (-\ND t,J,H[R Mt~N.~GFt'1[iH 3601 C ST .. PO BOX 107005 .~NCHORAGE. ,:.K. 99~) i \·)--7(-)Wi. PHONE: 907-762-2253 ALASKA ENERGY ~UTHORITY, DCED 70i E TlJDCJr< F:f> I / J._/ ! • -·: 1 i·) -v; i 2/ ; '7-'7 <) ;} I c~:~:.:::r.u~}..~;IJ--t-.t:1l !:.---: {=(-f "f t .rt<-1"~" -Rt.::·ef::-:t f'i'-~f f.•ttf:.-g rEi> J' F'O BOX 190869 RE: Wt~TER RIGHTS f>J:RMIT AMENDED ANCHORAGE, AK. 995190869 !_(,,:: ENCLOSED IS YOUt\ PERMIT TO ~.PPROPRIATE 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 NOTIFY OUR OFFICE IN ORDER TO OBTAIN A PERMANENT WATER RIGHTS ~cERTIFICATE OF APPROPRIATION". 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: SlATE, FEDERAL., CIR 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 SUBJECT TO TERMINATION WITHOUT FURTHER NOTICE. IF YOU HAVE ANY QUESTIONS ?iBOUT YOur< PERMIT OF: I.MdTR RIGHTS IN GENERAL, PLEASE CONTACT US. SINCERELY, VERONICA GILBERT SOUTHCENTRAL REGIONAL MANAGER ~ ('n~r,r:~PmmENCE OISTRIAUTION ~ --"" ' .. ~--·-----. --------~-------· '""CTION: COPiES. ~~~~W»M-11 rtvJ JrJ5tJ TT< ·J'JMJ.) ?J( iJ iT I.. NATURAL RESOURCE OFFICER ";t ![ (. ENCLOSURE ) Due Date: 'i/n ~/Y .; !' ,·.lj n:: OF tlL.t ~:,; r-: ,:, l)[.Ft.d~; T ME: NT OF Nt' Tlmf:,L. F\ESOlJr.:CE.?. JH\iiS!.DN OF LI~ND AND l.·h>tTF:~R Mi4NAGEMENT PERMIT TO u~s THE STAlE OF ALASKA UNDER AS 46.15, THE ALASKA WATER USE ACT, ~~ND THE REGlJI. (\T IONS ADOPTED UNDER IT. GRANTS TO: ALASKA ENERGY AUTHORITY, DCED 701 E TUDOR RD PO BOX 190069 ANCHORAGE. AK. 995190869 THE RIGHT TO DEVEL.OP THE USE OF WATER FROM THE FOLLOWING .S'OllRCE: A) NATURAL. DRiHNAGE WITH A PRIORITY DATE OF 04/12/1985 23. :::' ACF..:E FT/YF: FOR ENVIR QUAL MGMT JAN 01 THRU DEC 31 THE LOCATION TO WHICH THIS WATER RIGHT APPERTAINS IS: BRADLEY LAKE HYDROELECTRIC PROJECT WATERFOWL NESTING SITE. SAID Sil"E l.OCATED WITHIN NW1/4NWt/4 PARTIALLY SURVEYED SECTION 2, AND THE E1/2NWi/4, NEi/4 PARTIALLY SURVEYED SECTION 3, TOWNSHIP 5 SOUTH, RttNGE 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 fO BE CAPTURED AND STORED FOR USE IN A A WAlERFOWL. NESTING AREA. 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 THE WATER RIGHT GRANTED BY THIS CERTIFICATE. DEFEND AND INDEMNIFY THE r ~TE AGAINST AND HOLD IT HARMLESS FROM ANY AND ALL. CLAIMS, DEMAN~:. LEGAL ACTIONS, LOSS, LIABILITY AND PAGE i PERMIT TO r-tPPI-;:OPF~ I?\ TE Wt-,n::F;: ( f..1ME:NDED) Lt~S :!831' EXPENSE FCm HLIURY TO OF: DEATH OF PEF~SCJNS f..lND Dt1MttCES TO CH< L.OSS OF PROPERTY ARISING OUT OF DR (ONNECTED WITH THE EXERCISE OF THE WATER RIGHl GRANTED BY lHIS CERTIFICATE. COMPLY WITH ALL. APPI_ICABLE LAWS, REGULATIONS AND CONDITIONS. NOTIFY THE DIVISION OF L.t1ND AND WATER MAN~GEMENl·, D~PARTMENl OF NATURAL RESOURCES OF ANY CHANGE OF ADDRESS OF THE GRANTEE OR TRANSFER OF ANY REAL PROPERTY 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 THIS PERMIT TO APPROPRIATE WATER IS I~UED BY AUTHORITY OF AS 46. 15.080 ?1ND 11 ?1AC 9~7,. 120 ON ·--.LJ~ ... /fJ ____ ·-··----·--·---··· , 19 2.9 __ . t~PPROVED: _;z6~-d_/2Lad_ ___________ _ TITLE: -·-· ... Jt?.:kt ... -k~t.W-... /J~f/~ -· ·---· --- DIVISION OF LAND AND WATER MANAGEMENT PAGE """ ... •. \ 1.. ~~ nr:r:·r.,Fni"tEN'I Of r·'?,llJia-,1.. F\:t:C:.;·uuf~GES Dl'·iiSION OF J.,~ND ~~ND hl(\ll-:1-·: Mt\Nt~bFME.NT 3601 CST., PO BOX 107005 ANCHORAGE. A~. 995i0-7005 PHONE· Sl07-76:'<~~:·:)3 ALASKA ENERGY AUTHORITY. DCED 701 [ TUDOR F:D ,. I . 1 • I • I } . ' ' ·, ~ . . ' •••• _,l' t:;.;ii..;.;:,:j:...J;..!: l i-:.r:... -r-~ t.;..j:~ ..... --:. R£ .:::"4.1-R'N-f'"8'=7F. H:..:F--RF:-f:-1. ti7.S -it;~;- F'fj BOX i 90869 RE: WATER RIGHTS PERMITAMENDED ANCHORAGE, AK. 995190869 ENCLOSED IS' YOUR PERMIT TO f:rPPROF'RJ:ATE Wf:,TER. 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 NOTIFY OUR OFFICE IN ORDER TO OBTAIN A PERMANENT WATER RIGHTS nCERTIFICATE OF APPROPRIATION•. 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 LCIC~l .. FOR INFORMATION CONTACT:ALASKA PERMIT INFORMATION CENTER 3601 C ST., SUITE t080 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 SUBJECT TO TERMINATION WITHOUT FURTHER NOTICE. IF YOU HAVE ANY QUESTIONS ABOUT YOUR PERMIT OR WATER RIGHTS IN GENERAL, PLEASE CONTACT US. SINCERELY, CORRESPONDENCE DISTRIBUTION VERONICA GILBERT SOUTHCENTRAL REGIONAL MANAGER BY '~ ,uf ~ trJ_.W-L GUYLA W~22s; NATURAL RESOURCE OFFICER ENCLOSURE NOTE:AHENDED PERMIT ACTION: L::-~ f.':;;;te: ......... ~"------------ COPIES: AR..M IN )!U i"R utr,u) )> t::-( , .. r> <";[;)£( -·--··~ ! --·----·· --J .~•-,HE OF 1KASKA DEPARTMENl OF NATURAL RESOURCES !HiiiSION flF Lt'-IND ;~ND WATER MANi~(~f::MENT t:· t~I<M I·;· TO APPROPRlATE WATER CAMENDED~ :!.838 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 1·0 DEVELOP THE USE OF WATER FROM THE FOLLOWING SOURCE: A> DRILLED WELL WITH A PRIORITY DATE OF 04/12/1985 B) DRILLED WELL WITH A PRIORITY DATE OF 04/12/1985 35000.0 GAL/DAY FOR HEAVY CONSTRUCT ~AN 01 THRU DEC 31 THE LOCATION TO WHICH THIS WATER RIGHT APPERTAINS IS: BRADLEY LAKE HYDROELECTRIC PROJECT l.CIWER CONSTRUCTION CAMP, SAID CAMP LOCATED WITHIN NW1/4NEi/4 PARTIALLY SURVEYED SECTION 10, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SEWARD MERIDIAN. THE LOCATIONS OF THE WATER SOURCES ARE TWO DRILLED WELLS, EACH 80 FEET DEEP, LOCATED WITHIN NE1/4SE1/4NW1/4NE1/4 PARTIALLY SURVEYED SECTION 10, 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 THE WATER RIGHT GRANTED BY THIS CERTIFICATE. DEFEND AND INDEMNIFY THE STATE AGAINST AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, Lr· AL ACTIONS, LOSS, LIABILITY AND EXPENSE FOR IN~URY TO OR DEATH·' PERSONS AND DAMAGES TO OR LOSS PAGE 1 PEF~MIT TO APPROPRIATE WATER (AMENDED) LAS 28~8 OF PROPERTY ARISING OUl OF OR CONNECTED WITH lHE EXERCISE OF TH[ WATER RIGHT ~RANTED BY THIS CERTIFICATE. COMPLY WITH ALL APPLICABL.E LAWS, REGULAl"IONS AND CONDil.lONS. 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. ESTABLISH A METERING SYSTEM ACCEPlABLE TO THE DIVISION AND SUBMil. MONTHLY WATER USE RECORDS TO THE DIVISION ON A QUARTERLY BASIS. SATISFY THE DRINKING WATER REGULAlORY REQUIREMENTS < 18 AAC 80.010 ) AND HAVE AN APPROVED WASTE WATER DISPOSAL SYSTEM IN EXISTENCE ( 18 AAC 72 ), WHEN USE IS MADE OF THE WATER. * SUBMIT TO THE DIVISION ALL WELL LOGS ASSOCIATED WITH THE DEVELOPMENT OF MONITORING WELLS OR ANY OTHER WELLS DEVELOPED FOR THIS WATER RIGHl·. THIS PERMIT SHALL EXPIRE ON 12/31/1992 THIS PERMIT TO APPROPRIATE WATER IS ISSUED BY AUlHORITY OF AS 46. 1 5. 080 AND 11 AAC 93. i 20 ON ___________ ,/:].;:Md_ _ _L()_ _______ , 1 9 21L_. ~.PPROVED: __ .:z~Jl2LJ _____ ···········---- TITLE: ____ _/Q?_~ __ f!_.;fd~_lf!_~------- DIVISION OF LAND AND WATER MANAGEMENT PAGE 2 S T A T E 0 F A L A S K A DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT 3601 C ST .. PO BOX 107005 ANCHORAGE, AK. 99510-7005 PHONE 907-762-2270 AK POWER AUTH,DCED 701 E TI.JDDf< RD PO BO:X i?OB69 ANCHORAGE. AK. 995190869 <I_ • . . RECORD COPY FILE NO. fl t1 2__-I_ 07/1 i /1 'itlB CERTIFIED i·1A I L. =l:: P 784 430 870 RETURN RECEIPT REQUESTED !f:J3:: :W!Yf6F\ RIGHTS PEF:MIT LAS i1848 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 NOTIFY OUR OFFICE IN ORDER TO OBTAIN A PERMANENT WATER RIGHTS "CERT IF I C,:'i TE OF APF'FWF'R Hd I ON" . IF YOU DR I L.L. A l•JELL, YOU WILL NEED TO SUBMIT A COPY OF THE DRILLERS LOG FOR THE WELL. F'LEASE 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 1350 ANCHORAGE, AK. 99503 PHONE: 907-563-6529 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 SUBJECT TO TERMINATION WITHOUT FURTHER NOTICE. IF YOU HAVE ANY QUESTIONS ABOUT YOUR PERMIT OR WATER RIGHTS IN GENERAL. PLEASE CONTACT US. SINCERELY .. VERONICA GILBERT I REGIONt-)L MM,IAGER I ~~~GIM1 NATURAL RESOURCE OFFICER ~ ENCLOSURE CORRESPONDENCE OISTRIBU'OON ACI10H: COPIES: )K.. v;:? (, {_ .,-) /~; ~-~ ',) ~>1;.--J'>/C...J 8&--~ S c,,; 1!:-C Due Date: STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT PERMIT TO APPROPRIATE WATER LAS ti848 THE STATE OF ALASKA UNDER AS 46.15, THE ALASKA WATER USE ACT, AND THE REGULATIONS ADOPTED UNDER IT, GRANTS TO: AK POWER AUTH,DCED 701 E TUDOR RD PO BOX 190869 ANCHORAGE, AK. 995190869 THE RIGHT TO DEVELOP THE USE OF WATER FROM THE FOLLOWING SOURCE: A> POWERHOUSE CREEK WITH A PRIORITY DATE OF 04/07/1988 3000.0 GAL/DAY FOR BOARDINGS-DORMS JAN 01 THRU DEC 31 THE LOCATION TO WHICH THIS WATER RIGHl. APPERTAINS IS: BRADLEY LAKE HYDROELECTRIC POWER PROJECT PERMANENT FACILITIES, SAID FACILITIES LOCATED WITHIN NW1/4NW1/4 SECTION 2, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SEWARD MERIDIAN. THE LOCATION OF THE WATER SOURCE IS A POINT ON POWERHOUSE CREEK <LOCAL NAME> LOCATED WITHIN SW1/4NW1/4NE1/4NW1/4 SECTION 2, TOWNSHIP 5 SOUTH RANGE 10 WEST, SEWARD MERIDIAN. THE PERMANENT FACILITTES INCLUDE A DUPLEX HOUSE, AN ALL PURPOSE MAINTENANCE SHOP AND AN OFFICE BUILDING. 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 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 1 .. /',, PEf~M IT TO APPROPRIATE WATER LAS 11848 EXPENSE FOR INJURY TO OR DEATH OF PERSONS AND DAMAGES TO OR LOSS 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. ESTABLISH A METERING SYSTEM ACCEPTABLE TO THE DIVISION AND SUBMIT RECORDS TO THE ~TVISION ON A QUARTERLY BASIS. THIS PERMIT SHALL EXPIRE ON 04/07/1993 THIS PERMIT TO APPROPRIATE WATER IS BY AUTHORITY OF AS 46. 1 5. 080 AND 1 i AAC 93. 1 20 ON .......t:;;~~£.£.r.._.L/_r-··-·~·-··~··-··-·-·-·---, i 9 _g£. PAGE / DEPARTMENTOFNATURALRESOURCES DIVISION OF LAND AND WATER MANAGEMENT SOUTHCENTRAL REGION July 11, 1988 David R. Eberle Alaska Power Authority PO Box 190869 Anchorage, AK 99519-0869 Rcc~•·t r · .1l ; . ·~ :{ . Mt:.I,;UHD COPY FILE NO. --- /)M I STEVE COWPER, GOVERfiDR wd" ~ :?j,f5 3601 C STREET BOX 107005 ANCHORAGE, ALASKA 99510-7005 PHONE: (907)561-2020 Re: LAS 11848 -Application for Water Rights -Consistency Determination Dear Mr. Eberle: The Department of Natural Resources, Division of Land and Water Management has completed the consistency review of your water rights application to appropriate 3,000 gallons per day for the Bradley Lake Hydroelectric Project permanent facilities. The water is to be appropriated from Powerhouse Creek (local name) located within SWl/4NWl/4NEl/4NWl/4, Section 2, Township 5 South, Range 10 West, Seward Meridian, Alaska. Based on our review, the Division of Land and Water Management concurs that the appropriation is consistent with the Alaska Coastal Management Program. This consistency determination does not obligate the Division to issue a Permit to Appropriate Water. Further adjudication of the file will proceed. Thank you for your cooperation with the Alaska Coastal Management Program. Sincerely, Veronica Gilbert / Regional~er / / j ~)/~.L By: Keith G. Harding Natural Resource VC:KGH:ec:0403L cc: ADF&G -Phil Brna ADEC -S.J. Cyr Officer OMB/DGC -Patty Bielawski CORRESPONDENCE DISTRIBUTION ACTION: COPIES: ~r~J~G-1 (Ent) Jl&v><"'' tw J1XH?f-L )~C c Due Date: ' .. RECEIVED = T ~ T E 0 F A L A S K A SEP 10 1986 ()9/ 1 (=}/1986 DEPARTMENT OF NATURAL RESOURCE~ ALASKA POWER AlllliORilY DIVISION OF LAND AND WATER MANAGEMENT 360i CST., PO BOX 7005 ANCHORAGE. AK. 99510-7005 PHONE: 907-561-2020 RECEIVED ,~1{ FT•Wt.R t-iUT!-1, DCED 701 E TUDOF: RD F·O BOX 1 90869 ANCHORAGE. AK. 99519 SEP J 7 1986 SWEC-ANCHORAGJ: CERTIFIED MAIL ~ RETURN RECEIPT REQUESTED ~E: WATER RIGHTS PERMIT LAS 2836 ENCLOSED IS YOUR PERMIT TO APPROPRIATE WATER. TH:; PERMIT ALLOWS fOU TO DEVELOP A WATER SOURCE AND WATER USE AS INDICATED; HOWEVER IT IS NOT THE FINAL STEP IN OBTAINING YOUR WATER RIGHTS • L 0NCE YOU HAVE ESTABLISHED YOUR WATER US£. IT IS NECESSARl THAT YOU NOTI~Y OUR OFFICE IN ORDER TO OBTAIN A PERMANENT WATER RIGHTS 'CERTIFICATE OF APPROPRIATION•. !F YOU DRILL A WELL. YOU WILL lEED TO SUBMI7 A COP~ OF THE DRILLERS LOG FOR THE WELL. PLE~~E BE ~DVISED THAT O:JR APPROVAL DOES NOT RELIEVE YOU OF THE RESPONSii:!LITY OF SECURING OTHER PERMITS: STATE, FEDERAL. OR LOCAL. ~oR INFORMATION CGNTACT:ALASKA PERMIT INFORMATION CENTER 437 E S~ •. SUITE 200 ANCHORAGE, AI<. 99501 PHONE: 907-279-0254 FLEr;SE RE,=tD OVER Y'C!UR PERMIT CAREFLILL Y AND NOTE THE EXF'IF~ATION DATE. IF YOU ALLO~ YOUR PERMIT TO EXPIRE AND FA!L TO NOTIFY US. ~OUR CASE MAY BE SUBJECT TO TERMINATION WITHOUT FURTHER NOT!CE. IF YOU HAVE ANY QUESTIONS ABOUT YOUR PERMIT OR WATER RIGHTS IN GENERAL. PLE~SE CONTACT US. SlN2ERELY, THDH;=tS _r. HAWKINS. DI~'F.:CTOR DIV. OF LAND AND ~ATER HAM. v: ft}_l ', .,j, k fJ.:.J~.; 1 "-" _BORAH K. HEEBNER . 1TURAL RESOURCE 0FF!CER , ENCLOSUEE ~Due Date: .;·!·,:,T;: OF ~~LASl<A DEP~RTMENT OF NATURAL·RESOURCES DIVISION OF LAND AND WATE~ MANAGEMENT PERMIT T'J APPROPRIATE WATER ;_As 2836 THE STATE OF ALASKA UNDER_AS 46.15, THE ALASKA WATER USE ACT. AND THE REGULATIONS ADOPTED UNDER IT. GRA~TS TO: ~!K POWER AIJTH. DCED 7•)1 E ·~-uDOR RD PO BOX 19•2•86'? ANCHORAGE. AK. 99519 THE RIGHT TO DEVELOP THE USE OF WATER FRON THE FOLLOWING SOURCE: ~) STREAM OR R!VER WITH A PR!ORITY DATE OF 04/12/1985 750.0 CUBIC ~~/SEC FOR HYDRO POW GEN JAN 01 THRU DEC 31 STREAM OR RIVER WITH A PRIORITY DATE OF 04/12/1985 :00.0 CUBIC FT/SEC FOR HYDRO POW GEN JAN 01 THRil DEC 3i ~) LAKE OR OUTLET WITH A PRIORITY DATE OF 04/12/~925 248.0 CODIC FT/SEC ~OR HYDRO POW ;EN JAN 01 T~RU DEC 3~ TH~ ~OCATION TO WHIC~ THIS WATER RIGHT APPERTAINS IS: A POWERHOUSE LCC~TED WITHIN NEI14NW!/4 OF UNSURVEYED SECTION 2. TUW~SHI? 5 SOUTH. RANGE 10 WEST. SEWARD MERIDIAN. THE LGCATION OF THE WATER SOURCE IS: (A) !HAT PORTION OF BRADLEY LAKE LOCATED W!THIN ;~1/4:Wf/4 OF UNS1!2- VEYE~ ;ECTION 8. TOWNSHIP 5 SOUTH. RANGE 9 WEST. SEWARD MERit!~M. C(n THAT f.·C~:T :~ r·:;l ;:!F THE MIDDLE FOR~~ OF :.)RADLEY 1-:I'v'Ef-\ LC'i:.:~TED UI 7i-f H~ . SE1/4SE~/·! C1F !..INSIJRVE':'ED SECTION 3 .. TOWNSHIP 5 SOUTH; RANGE ? ~EST. ;EWA~D MERIDIAN. <C) THAT PORTIO~ OF TYE NIJKA GLACIAL POOL LOCAT£D WITHIN SE1/4NW1/4 ~---·- GF l~SURVEYED SEC!ION 6. TOWNSHIP 5 SOUTH. RANGE 8 WEST, SEWARD MERIDIAN. THE MAXIMUM RATE OF. D!VERSION AT THE POWERHOUSE SHALL NOT EXCE~D 2.00~ CFS ~T ANY ~rVE~ TIME. j l J 1 J J r PERMIT TO APPROPRIATE WATER LAS 2836 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 !S 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 THE PRIVILEGE GRANTED BY THIS PERMI7. DEFEND AND INDEMNIFY THE STATE AGAINST AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS. LEGAL ACTIONS, LOSS. LIABILITY AN~ EXPENSE FCR 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. 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 PRU?ERTY IDENTIFIED IN THIS DOCUMENT. ESTABLISH A METERING SYSTEM ACCEPTABLE TO THE DIVISION AND SUBMIT RECORDS TO THE DIVISION ON A QUARTERLY BASIS. PER AS 46.03.050 ANY DISCHARGE TO STATE WATERS MADE SUBSEQUENT TO THESE WATER APPROPR!- ATIONS SHALL COMPLY WITH THE ALASKA WATER QUALITY STANDARDS. THIS i> ~AY REQUIRE THE INSTALLATION AND MAINTENANCE OF SETTLING PONDS OR SIMILAR SYSTEMS TO REDUCE TURBIDITY AND SETTLEABLE SOLIDS IN THE :·)I SCHARGES. ~ WATER RIGHfS CERTIFICATE OF APPRCP~IATION WILL NOT BE ISSUED BEFQRE DESIGN. CONSTRUCTION. OPERATION AND MAINTENANCE =cHEDULE JF ALL ~AMS ASSOCIATED WITH THIS PRO~IECT HAVE ~EEN APPROVED PY THE DEPARTMENT OF NATURAL RESOURCES. PER AS 46.i5.100 AND AS 46.15.i47 FAILURE TO F:ESPOND TO ANY F:EtWEST FOR t .. DDITIDNAL H~FOF:MATION Dt.:idNG fHE DURATION nF THIS PERMIT MAY RESULT IN THE TERMINATION OF 1HJS F'EF:M IT. c:OMPL Y tJITH :~LL t=!PPLICABLE L.AWS. r.:Ef.-ULATIO;.IS. M-!D ·;HE CONDITIOr!S JU~U IN COASTAL ZONE ~ONSISTENCV DETERMINATION NO. AK8512~3-14A. ~DHERE TO ALL ARTICLES. CONDITIONS, STIPULATIONS, SETTLEMENTS. i~TTACH:"iENT~' •':1fW EXHIBITS ASSOCIA"lED WITH Tt~C: TSSi.JANCE OF :·HE FERC LICENSE PROJECT 8~2~, WHICH DIRECTLY RELATES TO THE 'C·EVELOPMENT f~ND USE OF iJATER .~S ESTABLISH[~: TH~::JUGH THIS F'CF:MIT. r·,;c;::: -. PERri IT TO ... APPROPRIATE WATER LAS 2836 . MAINTAIN THE FOLLOWING !NSTREAM FLOWS AS MEASURED AT THE USGS GAGE NO. 15239070 NEAR RIFFLE REACH IN THE LOWER BRADLEY RIVER: HAY i-SEP !5 100CFS SEP 15-0CT 31 50CFS NOV 1-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 STREAM FLOWS AT THE FOLLOWING STRUCTURES AND OUTLETS: . Al MIDDLE FORK. BRADLEY ~IVER B~ NUKA GLACIAL POOL C) i:•OWERHOUSE D> USGS GAGE NO. 15239070 INVESTIGATE POTENTIAL ICE ACCUMULATION PROBLEMS ASSOCIATED WITH FRESHWATER TAILRACE 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 ro DESIGN MITIGATION MEASURES ACCEPTABLE TO DNR. AVERAGE ANNUAL FLOWS NECESSARY TO GENERATE POWER SHALL NOT EXCEED 750 CFS AS MEASURED AT THE MAIN DAM: AND THE MAXIMUM RATE OF DIVER~ION SHALL NOT EXCEED 2.000 CFS AT ANY GIVEN TIME AS HEASURED AT THE POWERHOUS~. CONTINUOUS DAILY FLOW DATA RECORDS SHALL BE COMPILED AND AVERAGED PER MONTH AND SUBMtTtED TO THE DIVISION OF LAND AND WATER MANAGE- MENT <HEREAFTER REFFERRED TO AS •DLWM•) ON A BI-ANNUAL BASIS. ?ROVIDE DLWM PERSONNEL TRANSPORTATION FROM HOMER. ALASKA TO THE DAMSITE TO CONDUCT FIELD INVESTIGATIONS AS WARRANTED. PROViDE DLWM WITH A SCHEDULE OF FERC DAM SAFETY INSPECTIONS, ~ND !HALL CONTACT DLWM AT LEAST 30 WORKING DAYS PRIOR TO ALL SCHEDULED INSPECTIONS. PROVIDE DLWM WITH COMPLETE FERC DAM SAFETY INVESTIGATION REPORTS FOR EACH INSPECTION. ~ VIOLATION OF ANY CONDITION OF THIS PERMIT MAY RESULT IN THE TERMINATION OF THE RIGHTS ASSOCIATED WITH THIS APPROPRIATION. I l J J J 1 I _j F'ERHIT TO .. APPROPRIATE WATER r ··: "-':..,;;,:1-:' LAS 2836 THIS PERMIT SHALL EXPIRE ON 04/12/1995 THIS PERMIT TO APPROPRIATE tJATER IS :{St)E~!~~ OF ~ _ AS 46.15.080 AND 11 AAC 93.120 ON __ j _____ ~L~-----------'19~. -~~ H . o_. ~~PPROVED: ·-----------~-------------·---- TITLE: d. •Neier ----------------------------.. --------.... DIVISION OF LAND AND WATER MANAGEMENT L