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HomeMy WebLinkAboutTerror Lake Hydro Kodiak 1987MEMORAN 0UM ~ Stat’ of Alagka_ Pee FT aa 3 10: Donald L. Shira, Director — DATE: September 22, 1987 Program Development & Operations FILE NO.: THRU: TELEPHONE NO.: aren sugyect: Kodiak Island Borough Na/ \ Ww \ (KIB) Approval of Terror ray ow Atminski Lake Project Plots , ermits ‘and Right-of Way Specialist On September 16, 1987, Al Talcott of Department of Natural Resources, cadastral surveys, and I attended the meeting of the KIB Planning and Zoning Commission at which there was a public hearing related to acceptance of a plat for the Terror Lake Hydroelectric Project. Attached is the meeting agenda and KIB staff recommendation regarding the subject plat. Without going into great detail here, we are amenable to accepting condition numbers 1 and 3 of the staff recommendations (see page 2 of the September 9, 1987 memo from D. Crowe to the Planning and Zoning Commission). We feel, however, that condition numbers 2 and 4 are onerous and that the Borough has no authority to require them as a condition of plat approval. At the hearing we requested that these two conditions be waived. We did not petition them on the basis of their authority, but rather, on the reasonableness and necessity of showing the easements in question on the plat. Unfortunately, the Planning and Zoning Commission adopted the recommendation of the staff with one minor exception, that was to exclude the requirement to survey T-line easements on Coast Guard lands. Our next course of action will be to appeal this decision to the KIB Assembly. Our plan is to do this primarily on the grounds that the Borough has no authority to require surveys on private (native) lands. Please contact me if you have any questions or suggestions. Attachment as stated. 0356/775/(1) 02-001 A(Rev 10-84) KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 16, 1987 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of August 19, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE S-86-027. Request for a one year extension of the Preliminary Plat Approval period: subdivision of Lot 19, U.S. Survey 3101. (St. Mary's Church) VI PUBLIC HEARINGS A) CASE 87-046. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit resource extraction activities (placer gold mining) in a C--Conservation Zoning District within Sections 2, 10, 11, 15, 16, and 17, Township 42 South, Range 33 West, Seward Meridian (approximately 2,880 acres) on Tugidak Island. The resource extraction activities will consist of sluicing loose sand down to bedrock in areas above the mean low waterline utilizing tractors, drag lines, and backhoes and the return of sluiced materials to the point of origin. The extraction activity will be supported by processing equipment, a base camp, and fuel and water supplies associated with placer mining (Gary J. Peterson/State of Alaska Department of Natural Resources); and a Public Hearing on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. (Tabled from the August 1987 regular meeting.) B) CASE 87-047. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit resource extraction activities (placer gold mining) in a C--Conservation Zoning District within Sections 4, 5, 6, 7, 8, and 9, Township 42 South, Range 33 West, Seward Meridian and Sections 1 and 12, Township 42 South, Ra 34 West, Seward Meridian (approximately 7,360 acres) on Tugidak nd. The resource extraction activities will consist of floating suction dredging of loose sand within the tidal basin and tidal flats and return of dredged material to the point of origin. The extraction activity will be supported by miscellaneous equipment and ancillary activitie: jdated with placer mining (John Henry Preston/State of Alaska Department of Natural Resources); and « Public Hearing’ on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Plan and the Kodiak Island Borough Coastal Management Plan. (Tabled from the August 1987 regular meeting.) C) CASE 87-048. Public hearing on the new Near Island Comprehensive Pian. The new plan was developed by the Near Island Task Force and adopted by the Kodiak City Council on August 27, 1987. The existing Near Island Comprehensive Plan and Zoning were adopted on February 1, 1980. (City of Kodiak) P & Z Regular Meeting Agenda -1- September 16, 1987 D) E) F) G) 4) CASE 87-049. Request for review by the Planning and Zoning Commission under Section 2.40.030(E) of the Borough Code of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal Year 1988 through Fiscal Year 1993). CASE S-87-029,. Subdivision of Lot 5, Block 1, Miller Point Alaska Subdivision Second Addition into Lots 5A and 5B. (Max Hurlbut) CASE S-87-030. Subdivision of Portions of Unsubdivided Lands within Township 26 South, Range 21 West, Seward Meridian; Township 28 South, Range 22 West, Seward Meridian; Township 29 South, Range 22 West, Seward Meridian; and Township 29 South, Range 23 West, Seward Meridian: a Portion of the Terror Lake Hydroelectric Project, Alaska State Land Survey No. 86-136. (State of Alaska Department of Natural Resources) CASE S-87-031. Subdivision of Lot 7, Block 1, Kodiak Townsite Alaska Subdivision into Lots 7A and 7B.. (Island Properties, Inc.) CASE S-87-032. Vacation of Ten Foot Wide Utility Easements, Northeasterly and Southwesterly Lot Lines of the Subdivision of Lot 3,U.S. Survey 3100 (Lots 3A, 3B, 3C and 3D). (H.E. Bodi, Ralph Newcombe and Jim Kennedy) VII OLD BUSINESS VIII NEW BUSINESS IX COMMUNICATIONS A) Letter dated August 25, 987, from Robert H. Pederson to Richard A. LeFebvre, Deputy Director of the Department of Natural Resources, State of Alaska, re: Alaska Coastal Management Program (ACMP) Consistency Review - Transfer of State owned lands to the University of Alaska. Sections 1, 2, Ll and 12, Township 31 South, Range 22 West, Seward Meridian, Saltery Cove. X REPORTS A) Community Development Department Monthly Status Report B) Engineering Department Abbreviated Plats Report XI AUDIENCE COMMENTS XII COMMISSIONERS’ COMMENTS XIII ADJOURNMENT The public is invited to attend the packet review worksession for these agenda items to be held in the Kodiak Island Borough Conference Room at 7:30 p . the preceding Wednesday. Minutes for this meeting sre available upon request, call the Community Development Department at 486-5736, extension 256. Pe 7 Reaontar Meeting hoonda -?- Sevtember 16, 1987 ITEM VI-F Kodiak Island Boroug: RECEIVED “a MEMORANDUM SEP 14 1987 Div. of Land & Water Mgt. DATE: September 9, 1987 Cadastral Survey TO: Planning and Zoning Commission FROM: David C. Crowe, Borough Engineer IG SUBJECT: Case No. S-87-030 - Subdivision of Portions of Unsubdivided Lands Within Township 28 South, Range 21 West, Seward Meridian; Township 28 South, Range 22 West, Seward Meridian; Township 29 South, Range 22 West, Seward Meridian; and Township 29 South, Range 23 West, Seward Meridian: a Portion of the Terror Lake Hydroelectric Project, Alaska State Land Survey No. 86-136 (State of Alaska Department of Natural Resources) This subdivision application covers parcels of State of Alaska land which are encumbered by facilities of the Terror Lake Hydroelectric Project. Because the Department of Natural Resources is responsible for managing the lands of the State of Alaska, it is only interested in platting those easements granted by the State to the Alaska Power Administration, which owns the Terror Lake Hydroelectric Project facilities. The entire project involves lands owned by the State of Alaska, Kodiak Island Borough, Afognak Native Corporation, Ouzinkie Native Corporation, U. S. Coast Guard, City of Port Lions, and probably some private land owners in the Port Lions area, but the proposed plat shows only those parcels owned by the State of Alaska. The land covered by this application is all zoned Conservation which requires a minimum 250-foot lot width. As noted in the CDD staff memo, platting of the easements and creating tracts does constitute a subdivision, and the provisions of both Title 16 and Title 17 do apply. On sheet 4 of 5, Tract G does not comply with the provisions of Title 17 in that a proposed boundary passes through the approximate middle of the powerhouse. The recommendation of the CDD staff has been included in my recommendations at the end of this memo. Since the transmission lines cross several additional ownerships with potential for future land disposal, all of the easements should be platted and monumented to eliminate future conflicts regarding property boundaries. Unless the centerline of the transmission line easements are monumented, there will be a potential for differing interpretations of what constitutes the easement boundaries. As noted in the memor- andum from Resource Management Officer Bud Cassidy, Mr. Talcott of DNR has agreed to include the following on the final plat for this application: 1. The extension of the 200-foot transmission line easement across Borough property; and 2. An easement for the Port Lions distribution line across Borough land. Kodiak Island Borough Planning and Zoning Commission Case No. S-87-030 - September 9, 1987 - Page 2 However, the easements across all other land ownerships, the boundary survey for the powerhouse area and other Borough lands necessary for the operation and main- tenance of the power project, and the roadway easements across Borough property should be included in the final plat for this application. I recommend that you grant preliminary approval of this subdivision application submitted by the Department of Natural Resources subject to the following conditions: 1. Redesign Tract G to include all or none of the powerhouse, in conformance with Title 17 of the Borough Code; 2. Include all transmission line easements across Kodiak Island Borough-owned land, Afognak Native Corporation land, Ouzinkie Native Corporation land, U. S. Coast Guard land, and any parcels within the Port Lions city limits — the ownership of which can't be identified from the Vicinity Map, sheet 1 of 5; 3. Include the Borough-owned property necessary for the powerhouse area and other areas necessary for the maintenance and operation of the hydro project; 4. Include the easement for the access road from Kizhuyak Bay to Terror Lake where it lies outside the tracts shown on this application. amm Attachments Case No. S-87-030: TERROR LAKE HYDRO- | ELECTRIC PROJECT Tracts (Portion) (State of Alaska, Department of Natural esourc! VICINITY MAP Note: The preliminary plat, five sheets, Tracts A-H and J-M, is avail- able for review in the Borough Engineering Department, Room 223, Borough Building, Kodiak. ; Sug (907), 486-3261 : Pisaeay) scowccae! KODIAK, September 8, 1987 Mr. David C. Crowe, P.E. Borough Engineer KODIAK ISLAND BOROUGH 710 Mill Bay Road Kodiak, AK 99615 Dear Dave: SUBJECT: Plat Review Following are our comments on the plats sent us for review under your cover letter of August 31, 1987: S-87-029 - Subdivision of Lot 5, Block 1, Miller Point Subdivi- Sion, 2nd Addition: No comment. S-87-030 - A.S.L.S. No. 86-136: No comment. S-87-031 - Subdivision of Lot 7, Block 1, Kodiak Townsite: KEA has a anket easement on this lot date 4 en the poles were replaced in early 1985, Whitney Fidalgo, the owner at that time, gave verbal approval of the locations and a promise to sign an easement for the approved routing. The easement was not signed prior to the property changing hands. We would now like to request a ten-foot-wide easement adjacent to the southeasterly and northeasterly boundaries of Lot 7 and an easement five feet each side of the guy and anchor northwester- ly of the corner common to Lots 3 and 4. The pole labeled “Power Pole" near the westerly corner of Lot 7B belongs to the telephone company. S-87-032 - Vacation of Easements, Lot 3, U.S.S. 3100: No comment. Thanks again for allowing us to review the plats. Sincerely, Z7 , Bessel Ernest M. Thompson, R.L.S. Engineering Coordinator SEP 8 1987 ae Beart ded wir enthaceT ; Jom - Kodiak Island Borough ITEM VI-F ae DATE: TO: FROM: SUBJ: RE: MEMORANDUM September 9, 1987 Planning and Zoning Commission Uf Community Development Department Information for the September 16, 1987 Regular Meeting CASE _S-87-030. Subdivision of Portions of Unsubdivided Lands within Township 28 South, Range 21 West, Seward Meridian; Township 28 South, Range 22 West, Seward Meridian; Township 29 South, Range 22 West, Seward Meridian; and Township 29 South, Range 23 West, Seward Meridian: a Portion of the Terror Lake Hydroelectric Project, Alaska State Land Survey No. 86-136. (State of Alaska Department of Natural Resources) Site visit date: Not applicable. Existing zoning: C--Conservation Minimum lot size: 5 acres Compliance: Yes Minimum lot width: 250 feet Compliance: Yes Existing land uses: The Terror Lake Hydroelectric Project, a public facility. Compliance: Yes Existing structure(s) on the property: Several structures and facilities associated with the Terror Lake Hydroelectric Project. Compliance with setbacks: No Compliance with other zoning regulations: Yes Encroachments: Yes Topography: Not applicable for this plat. Physical Features: Wetlands, streams, drainage courses: Yes © Need for driveway/access restrictions: No Adequate line of sight: Not Applicable CASE S-87-030 1 SEPTEMBER 16, 1987 P&Z ITEM VI-F 8. Existing Plat Restrictions: Not Applicable 9. Coastal Management applicable policies: Not applicable for platting easements across State of Alaska lands. In addition, the Terror Lake Hydroelectric Project has previously been found consistent with the Kodiak Island Borough Coastal Management Program and the Alaska Coastal Management Program. COMMENTS : It is staff's understanding that the purpose of this subdivision is to plat the easements for the Terror Lake Hydroelectric Project that lie across State of Alaska lands. Therefore, this plat does not include the easements across adjoining Kodiak Island Borough or native corporation lands. Platting of the easements and creating tracts does constitute a subdivision and therefore the provisions of Titles 16 and 17 of the Borough Code apply. This plat does not conform to Title 17 in one area. Please refer to sheet numbered 4 of 5, detail 5, pertaining to Tract G. Creation of this tract creates a platted property line through the middle of the power house. It is not good planning practice, subdivision design, or sound public policy to plat a property line through an existing structure. Therefore, Tract G should be redesigned to include all or none of the power house. RECOMMENDATION: The Community Development Department recommends approval of this subdivision subject to the following condition: 1. Tract G is redesigned to include all or none of the power house, in conformance with Title 17 of the Borough Code. CASE S-87-030 2 SEPTEMBER 16, 1987 P&Z Kodiak Island Borough MEMORANDUM DATE: September 9, 1987 TO: Planning and Zoning Commission ’ (oe ° FROM: Bud Cassidy, Resource Management Officer SUBJECT: Item for the September 16, 1987 meeting RE: CASE S-87-030 Terror Lake Hydro Electric Project BACKGROUND Alaska State Land Survey No. 86-136 (ASLS 86-136) includes a portion of Borough lands and is a partial fulfillment of an agreement contract to utilize Borough-land for the purposes of constructing and maintaining the Terror Lake Hydro Project. The contract was entered into between the Borough and the Kodiak Electric Association (KEA) and subsequently with the Alaska Power Authority (APA). The contract reads that within one year of completion of the project, the Kodiak Electric Association shall provide the Borough with the following survey information in order to prepare easement and lease documents of improvements on Borough land: Le Legal description for the access road; 730 Legal description for the transmission line; Si Legal description for the penstock and raceway and; 4. Boundary Survey for the powerhouse and adjacent lands necessary for operation and maintenance of the power project. RECOMMENDATION Though absent on this preliminary plat. The final plat should include the following information which has been agreed upon by Mr. Al Talcott of DNR. is The extention of 200' foot transmission line easement across Borough property; and Zio An easement for the Port Lions distribution line across Borough land. It is also my understanding from Mr. Talcott that another ASLS of the powerhouse area will be completed this fall. This survey will provide the proper legal description from which a formal lease of the powerhouse to the State of Alaska can be written. : With completion of both ASLS and a legal description of the road. The terms of the agreement between the Kodiak Island Borough and Alaska Power Authority will be fulfilled. Case File - K 786 AUTHORIZATION TO ENTER ON KODIAK ISLAND BOROUGH LAND TO DESIGN, CONSTRUCT AND MAINTAIN THE TERROR LAKE HYDROELECTRIC PROJECT The Kodiak Island Borough, hereinafter referred to as KIB, authorizes the Kodiak Electric Association, Incorporated, its agents, contractor and assigns, hereinafter referred to as KEA, to enter on KIB land within the below-identified area to design, construct, and maintain the Terror Lake Hydroelectric Project, hereinafter referred to as Project, subject to the following stipulations: A. KIB Authority Authority to negotiate this document is provided in Title 18 of the KIB Code of Ordinances and specifically approved by KIB Assembly Resolution 81-90-R, passed and approved November 9, 1981. B. General Area (Protracted sections, unsurveyd) T28S, R22W, SM Section 32: 1/2, El/2SW1/4 Section 33: All T29S, R22W, SM Section 6: W1/2W1/2 T29S, R23W, SM Section l: E1/2E1/2 Section 12: E1/2 Se Goo ce: * Flaw - reliant diacetate ie Gs Limits of Construction / The limits of construction are restricted to the Project boundaries, as shown on the Right-of-way application drawings, identified as Terror Lake Hydroelectric Project Area Maps, Sheets 2, 3, and 5, dated November 1979, for the areas lying within B. above. (The need for additional areas or changes are to be requested in writing to the KIB with the accompanying map revisions.) D. Construction Standards All work shall be performed in a safe and workmanlike standard applicable to the industry and meet or exceed the specifications required by the permitting authorities. E. Environmental Consideratons The construction, operation, and maintenance of the Project shall meet the environmental standards as required by the appropriate agencies. F. Gravel and Rock Materials Excavation and placement of overburden, soil, gravel, and rock from or on KIB lands is limited to the Project area. Final slopes and dressing of the cut and fill areas are to be stabilized and revegetated where necessary to blend in with the surrounding terrain. The gravel and rock materials necessary to construct and maintain the Project are made available without cost to KEA. G. Clearing All timber and other vegetation material outside the construction limits are reserved from cutting and removal with exception of danger trees. All trees, snags, and other woody BUG Re See " RI EINE fe ce dd ED . ‘ material cut in connection with the Project shall be felled into the Project area and away from the water courses. Logs resulting from the clearing operations are to be decked within the Project area along the exterior limits of the clearing. Slash may be disposed of in the construction pads or access roads unless otherwise directed. The saw logs may be used in construction of the Project. No charge will be made for the timber stumpage used in construction or cold decked within the Project area. Title to the cold decked logs will remain with the KIB and may be sold as provided in Title 18 of tke KIB Code of Ordinances. H. Non-Exclusive Use The KIB retains the right to authorized land use to other persons on KIB land not included within the Project — — construction limits. Any use that will necessitate joint use of the access road being built for the Project will be coordinated with KEA to determine an appropriate share for Pasa eedelenance:. I. |. Inspection . Authorized personnel of the KIB shall be allowed access to the Project area for purposes of inspection relating to enforcement of the KIB Code of Ordinances. J. Fire Prevention and Suppression KEA shall promptly notify the Staty of Alaska, Division of Forestry of all wild fires and take all measures necessary and appropriate for the prevention and suppression thereof. ES | A EET TE IRSA. Tice tie 6. tame: 4 kK. Liability KEA hereby agrees to indemnify the KIB for any liability or claim of liability for injuries to persons or property in or about the Project area for any cause whatsoever during the life of this Project. KEA further agrees to reimburse KIB for any attorney fees or other expenses related to the claims brought against KIB for injury to persons or property in or about the Project area. L. Other Authority No requirement imposed by these stipulations shall replace or lessen the applicability of State of federal law, regulation, permit, or authorization, as it may apply to the 2 Project. M. Final Permits or Other Conveyances Within one year of completion of the Project, the KEA shall provide the KIB with an as-built survey of the following: ‘ l. Rights-of-way for the access eouduni 2 Rights-of-way for the transmission line/ J 3. Rights-of-way for the penstack and raceway. 4. Boundary survey for powerhouse area and Y adjacent land necessary for the operation and maintenance of the power project. The surveys will be used to issue the necessary right-of-way permits and a deed for the powerhouse. These disposals shall be for one dollar, as provided in KIB Code of Ordinances 18.20.100 B, and KIB Resolution 81-90-R, approved November 9, 1981. N. Permits and Other Appplications It shall be the responsibility of KEA to make sure that ‘all necessary federal, state, and local permits and other licenses ‘heheh TMT 3 TAL Sales, ALE SUAS ESPs Te MEE ide ee Bk cae ae cee 2 len allan ple . ¢€ £ ecessary for the project are obtained. KEA further agrees to ademnify and hold harmless KIB for any damages, including itigation, which may result from the failure or alleged failure to atain such permits and licenses. DATED this <6 aay of Marek 1982. ’ _ anager, Kodia ~PASSED AND APPROVED this__5th day of June, 1980. KODIAK ISLAND BOROUGH ‘ = “< oD n a eo n IN REPLY REFER TO United States Department of the Interior 2800 (014) BUREAU OF LAND MANAGEMENT Petal Anchorage District Office nl rl 374 6881 Abbott Loop Road Anchorage, Alaska 99507 APR 22 1986: AUaewert ey CERTIFIED MAIL . , RETURN RECEIPT REQUESTED 86 ABR 28 AID :04 DECISION Ouzinkie Native Corporation : AA-47639 Box 1123 ;: Electrical Transmission Line Ouzinkie, Alaska 99644 ; Right-of-Way Alaska Power Authority 334 West Fifth Avenue Anchorage, Alaska 99501 Administration Waived Case Closed Patent No. 50-84-0574, issued June 29, 1984, to the Ouzinkie Native Corporation is subject to the following right-of-way. Serial No. Type Grantee Expiration Date AA-47639 Right-of-Way Alaska Power Authority March 25, 2033 Pursuant to Section 14(g) of the Alaska Native Claims Settlement Act (ANCSA) of December 18, 1971, the United States hereby waives administration of the above described right-of-way. This waiver affects all of the right-of-way which is contained in Patent No. 50-84-0574, more specifically described as Secs. 9, 10 and 16, T. 28 S., R. 21 W., Seward Meridian. Pursuant to the law, the grantee is entitled to all rights, privileges, and benefits granted by the terms of the grant during the term of the grant until it expires, is relinquished, or is modified by mutual consent of Ouzinkie Native Corporation and the Alaska Power Authority. Ouzinkie Native Corporation is entitled to any and all interests previously held by the United States as grantor in any such grant within the conveyance boundaries. Any rental or other revenues will no longer be accepted by the Bureau of Land Management; but will hence forth be paid directly to Ouzinkie Native Corporation at the address shown above. A duplicate case file covering the use authorization for which we are waiving administration is enclosed. oe 7 4 Ne were’ whan A Say Noe ; \ / v \ An appeal from this decision may be taken to the Board of Land Appeals, Office of Hearings and Appeals, in accordance with the attached regulations in Title 43 Code of Federal Regulations (CFR), Part 4, Subpart E. If an appeal is taken, the notice of appeal must be filed in the Anchorage District Office of the Bureau of Land Management within 30 days of the receipt of this decision. Do not send the appeal directly to the Board. The appeal and case history file will be sent to the Board from this office. The regulations also require the appellant to serve a copy of the notice of appeal, statement of reasons, written arguments or briefs on the Regional Solicitor, Alaska Region, U.S. Department of the Interior, 701 C Street, Box 34, Anchorage, Alaska 99513. To avoid summary dismissal of the appeal, there must be strict compliance with the regulations. Form 1842-1 is enclosed for additional information. re Noainn Chief, Lands Adjudication Section Enclosures: (6) 1 - Form 1842-1 - Appeal Regulations - Pertinent Documents AA-47639 - Status Plat - Patent No. 50-84-0574 - Duplicate Case File AA-47639 AnPwr Copy Furnished To: Koniag, Incorporated P.O. Box 746 Kodiak, Alaska 99615 Form 1860-9 c (March 1965) (lormerty 4=1043) AA-6688-A The GAnited States of America To all to whom these presents shall come, Greeting: WHEREAS Ouzinkie Native Corporation is entitled to a Land Patent pursuant to Sec. 14(a) of the Alaska Native Claims Settlement Act of December 18, 1971, 43 U.S.C. 1601, 1613(a), of the surface estate in the following-described lands: U.S. Survey No. 328, situate about 3/4 mile S.E. of Three Pillar Point, East shore, Kizhuyak Bay, Kodiak Island. Containing 6.73 acres. U.S. Survey No. 5694, Alaska, situated on either side of the Anton Larsen Bay Road at the head of Anton Larsen Bay on Kodiak Island, Alaska. Containing 160.00 acres. Seward Meridian, Alaska (Surveyed) T. 27 S., R. 20 W. Secs. 19 and 28; Sec. 29, lot 1; Sec. 30, lot 1; Sec. 32, lot 1; Sec. 33, lot l. Containing 3,006.93 acres. T. 26 S., R. 21 W. | Sec. , lots and 2; ' Sec. 14, lot 1; Sec. 23, lot 1; Sec. 24, lot 1; Sec. 25, lot 1; Sec. 26, lots 1 to 5, inclusive, and 7 and 8; Sec. 27, lot 1; Sec. 36, lot l. Containing 2,538 acres. Di Zi US pltRoike Las Sec. ‘1, lot 1; Sec. 2, lots 1 and 2; Sec. 4, lot 1; Sec. 5, lot 1; Sec. 10; Sec. 11, lot 1; Sec. 12, lot 1; Sec. 13, lot 1; Sec. 14, lot 1; Secs. 15 and 16; Sec. 17, lots 1 and 2; Patent Number 50-84-0574 . AA-6688-A Sec. 22; Sec. 23, lot 1; Sec. 24; Sec. 25, lot 1; Sec. 26; Sec. 35, lot 1; Sec. 36, lot l. Containing 9,505734 acres. T. 28 S., R. 21 W. Sec. 2, lot 1; S@C.) | 3, Lot | 1s Secs. 4 and Sec. lot 1; Sec. 13, lot 1; Sec. 14, lot 1; Sec. lot 1; Secs. 21, 22, and 23; Sec. 24, lot 1; Sec. 25, lot 1; Secs. 26, 27, and 28; Secs. 33 and 34; Sec. 35, lot 1; Sec. 36, lot l. Containing 10,582.56 acres. Aggregating 25,799.56 acres. NOW KNOW YE, that there is, therefore, granted by the UNITED STATES OF AMERICA, unto the above-named corporation the surface estate in the lands above described, TO HAVE AND TO HOLD the said estate with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the said corporation, its successors and assigns, forever: EXCEPTING AND RESERVING TO THE UNITED STATES from the lands so granted: 1. ‘The subsurface estate therein, and all rights, ‘privileges, immunities, and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971, 43 U.S.C. 1601, 1613(f£); and 2. Pursuant to Sec. 17(b) of the Alaska Native Claims Settlement Act of December 18, 1971, 43 U.S.C. 1601, 1616(b), the following public easements, referenced by easement identification number (EIN) on the easement Maps attached to this document, copies of which will be found in case file AA-6688-EE, are reserved to the United States. All easements are subject to applicable Federal, State, or Municipal corporation requlation. The following is a listing of uses allowed for each type of easement. Any uses which are not specifically listed are prohibited. 25 Foot Trail - The uses allowed on a twenty-five (25) foot wide trail easement are: travel by foot, dogsleds, animals, snowmobiles, two- and three-wheel vehicles, Patent Number 50-84-0574 AA-6688-A Patent Number and small all-terrain vehicles (ATVs) (less than 3,000 lbs. Gross Vehicle Weight (GVW)). One Acre Site - The uses allowed for a site easement are: vehicle parking (e.g., aircraft, boats, all-terrain vehicles (ATVs), snowmobiles, cars, trucks), temporary camping, and loading or unloading. Temporary camping, loading, or unloading shall be limited to 24 hours. (EIN 8 0) An easement twenty-five (25) feet in width for a proposed access trail from the Kodiak Island Highway at Red Cloud Creek in Secs. 23 and 24, T. 27 S., R. 21 W., Seward Meridian, southerly to Cope Mountain then westerly to public lands. The uses allowed are those listed above for a twenty-five (25) foot wide trail easement. (EIN 14a D9) An easement twenty-five (25) feet in width for a proposed access trail from the right bank of Elbow Creek at the head of Sharatin Bay in Sec. 19, T. 27 S., R. 21 W., Seward Meridian, southerly along the right bank of Elbow Creek to public land in Sec. 20, T. 28 S., R. 21 W., Seward Meridian. The uses allowed are those listed above for a twenty-five (25) foot wide trail easement. (EIN 14b D9) An easement twenty-five (25) feet in width for a proposed access trail from trail EIN 14a D9 in Sec. 33, T. 27 S., R. 21 W., Seward Meridian, to public land in Sec. 5, T. 28 S., R. 21 W,. Seward Meridian. The uses allowed are those listed above for a twenty-five (25) foot wide trail easement. (EIN 18 D9) An easement twenty-five (25) feet in width for a proposed access trail from Anton Larsen Road in Sec. 2, T. 27 S., R. 21 W., Seward Meridian northerly to Anton Larsen Bay. The uses allowed are those listed above for a twenty-five (25) foot wide trail easement. (EIN 18a D9) A one (1) acre site easement upland of the mean high tide line in Sec. 2, T. 27 S., R. 21 W., Seward Meridian, on the west shore of Anton Larsen Bay at the head of trail EIN 18 D9. The uses allowed are those listed above for a one (1) acre site. (EIN 022 09) An easement twenty-five (25) feet in width for a proposed access trail from Anton Larsen Road (Kodiak Island Highway) in Sec. 3, T. 27 S., R. 21 W., Seward Meridian, westerly to the Three Pillar Point area. The uses allowed are those listed above for a twenty-five (25) foot wide trail easement. 50-84-0574 | AA-6688-A THE GRANT OF THE ABOVE-DESCRIBED LANDS IS SUBJECT TO: 1. 4. 5. Valid existing rights therein, if any, including but not limited to those created by any lease (including a lease issued under Sec. 6(a) of the Alaska Statehood Act of July 7, 1958, 48 U.S.C. Ch. 2, Sec. 6(q)), contract, permit, right-of-way, or easement, and the right of the lessee, contractee, permittee, or grantee to the complete enjeyment of all rights, privileges, and benefits thereby granted to him. Further, pursuant to Sec. 17(b)(2) of the Alaska Native Claims Settlement Act of December 18, 1971 (ANCSA), 43 U.S.C. 1601, 1616(b) (2), any valid existing right recognized by ANCSA shall continue to have whatever right of access as is now provided for under existing law; A right-of-way, AA-47639, granted March 25, 1983, under the Act of October 21, 1976, 43 U.S.C. 1761-1771, to the Alaska Power Authority for a 138 KV power transmission line 200 feet wide and 2-1/2 miles long, located in Secs. 9, 10, and 16, T. 28 S., R. 21 W., Seward Meridian; Any right-of-way interest in FAS Route 391, transferred to the State: of Alaska by quitclaim deed dated June 30, 1959, executed by the Secretary of Commerce under the authority of the Alaska Omnibus Act, Public Law 86-70, 73 Stat. 141, as to Secs. 14, 23, 24 and 25, T. 27 S., R. 21 W., Seward Meridian; Any right-of-way interest in the Anton Larsen Bay Spur (FAS Route 3913), transferred to the State of Alaska by quitclaim deed dated June 30, 1959, executed by the Secretary of Commerce under the authority of the Alaska Omnibus Act, Public Law 86-70, 73 Stat. 141, as to Secs. 2, 11 and 14, T. 27 S., R. 21 W., Seward Meridian; A right-of-way, A-061332, for a Federal aid material site located in Sec. 14, T. 27 S., R. 21 W., Seward Meridian, granted under the Act of August 27, 1958, 23. U.S.C. 317; A right-of-way, AA-96, for a Federal aid material site located in Secs. 23 and 24, T. 27 S., R. 21 W., Seward Meridian, granted under the Act of August 27, 1958, 23 U.S.C. 317; The following third-party interest, created and identified by the Federal Energy Regulatory Commission, as provided by Sec. 14(qg) of the Alaska Native Claims Settlement Act of December 18, 1971, 43 U.S.C. 1601, 1613: A license for Power Project No. 2743, issued October 5, 1981, to the Kodiak Electric Association, Inc., for a period of 50 years, subject to the provisions of the Federal Power Act of June 19, 1928, as amended, 16 U.S.C. 818, for the construction, operation, and maintenance of certain project works necessary or convenient for the development, transmission and utilization of power upon the lands; and Patent Number So-3¢-0574 Form 1860-10 Quly 1975) AA-6688-A 8. Requirements of Sec. 14(c) of the Alaska Native Claims Settlement Act of December 18, 1971, 43 U.S.C. 1601, 1613(c), that the grantee hereunder convey those portions, if any, of the lands hereinabove granted, as are prescribed~in said section. IN TESTIMONY WHEREOF, the undersigned authorized officer of the Bureau of Land Management, in accordance with the provisions of the Act of June 17, 1948 (62 Stat. 476), has, in the name of the United States, caused these letters to be made Patent, and the Seal of the Bureau to be hereunto affixed. GIVEN under my hand, in ANCHORAGE, ALASKA eau] the TWENTY-NINTH day of JUNE in the year of our Lord one thousand nine hundred and EIGHTY-FOUR and of the Independence of the United States the two hundred and EIGHTH By Ann J son ~ Chief, Branch ANCSA Adjudication Patent Number 50-84-0574 ’ J Form 1842-1 UNITED STATES December 1980) 2 DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT INFORMATION ON TAKING APPEALS TO THE BOARD OF LAND APPEALS 00 NOT APPEAL UNLESS 1. This decision is adverse to you, AND 2. You believe it is incorrect IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST BE FOLLOWED 1. NOTICE OF APPEAL . . . . Within 30 days file a Notice of Appeal in the office which issued this decision (see 43 CFR Sec. 4.411). You may state your reasons for appealing, if you desire. 2. WHERE TO FILE NOTICE OF APPEAL. . . Anchorage District Office Regional Solicitor, Alaska 4700 East 72nd Avenue U.S. Department of the Interior Anchorage, Alaska 99507 701 C Street, Box 34 Anchorage, Alaska 99513 3. STATEMENT OF REASONS . . Within 30 days after filing the Notice of Appeal, file a complete statement of the reasons why you are appealing. This must be filed with the United States Department of the Interior. Office of the Secretary, Board of Land Appeals, 4015 Wilson Blvd., Arlington, Virginia 22203 (see 43 CFR Sec. 4.412). If you fully stated your reasons for appealing when filing the Not:ce of Appeal, no additional statement is necessary. 4. AOVERSE PARTIES . . . . Within 15 days after each document is filed, each adverse party named in the decision and the Regional Solicitor or Field Solicitor having jurisdiction over the State in which the appeal arose must be served with a copy of: (a) the Notice of Appeal, (b) the State- ment of Reasons, and (c) any other documents filed (see 43 CFR Sec. 4.413). Service will be made upon the Associate Solicitor, Division of Energy and Resources, Wash- ington, D.C. 20240, instead of the Field or Regional Solicitor when appeals are taken from decisions of the Director (WO—100) or if the subject matter of the appeals involves mineral activities on the Outer Continental Shelf. 5. PROOF OF SERVICE . . . . Within 15 days after any document is served on an adverse party, file proof of that service with the United States Department of the Interior, Office of the Secretary Board of Land Appeals, 4015 Wilson Blvd., Arlington, Virginie 22203. This may con- sist of a certified or registered mail ‘‘Return Receipt Card’’ signed by the adverse party (see 43 CFR Sec. 4.401(cX2)). Unless these procedures are followed your appeal will be subject to dismissal (see 43 CFR Sec. 4.402) Be certain that al! communications are identified by serial number of the case being appealed. NOTE: A document is not filed until it is actually received in the proper office (see 43 CFR Sec. 4.401(a)) FEDERAL REGISTER DATA eee Published: 8/25/80 No: 166 Oepartment Hearings and Appeais Procedures aGency: Department of the Interior. action: Final rulemaking. summary: This document amends the regulations pertaining to appeals to the Interior Board of Land Appeals to require service of notices of appeal, statements of reason, written arguments and briefs upon the Associate Solicitor, Division of Energy and Resources. or the appropriate Regional or Field Solicitor, Office of the Solicitor, Department of the Interior. This chaage will enable the Office of the Solicitor to participate more effectively in appeals proceedings. EFFECTIVE DATE: September 24, 1980. AOORESS: Any inquiries should be addressed to: Chief Administrative Judge. Interior Scard of Land Appeals, 4015 Wi!son Boulevard, Arlington. Virginia 22203. FOR FURTHER INFORMATION CONTACT: Mr. James L. Burski, (703) 557-9040, or Mr. Gary J. Fisher, (202) 343-5787. SUPPLEMENTARY INFORMATION: The regulations at 43 CFR Part 4, Subpart E provide an appeal process to the Interior Board of Land Appeals. Section 4.413 of 43 CFR provides that an appellant must. among other things. serve a copy of the notice of appeal and any statement of reasons. written arcuments. or briefs upon each adverse party named in the decision to be appealed, as well as upon | the Associate Solicitor. Division of Energy and Resources. The amendment set forth below will require service of such documents on the Regional or Field Solicitor having jurisdiction over the state in which the subject matter of the appeal arises. rather than upon the Associate Solicitor, Division of Energy and Resources, except when appeals are taken from decisions of the Director of the U.S. Geological Survey, or the Director of the Bureau of Land Management or the subject matter of the appeal involves mineral activities on the Outer Continental Shelf. The above documents will continue to be served on the Associate Solicitor, Division of Energy and Resources, in the latter three situations. The Regional or Field Solicitors will have the responsibility of notifying the Associate Solicitor, Division of Energy and Resources, of any appeals that raise questions or issues pertaining to national policies or programs of the Department of the Interior or the resolution of which could Volume: 45 Page: 56347 & 56348 significantly impact Departmental programs or policies nationwide. This change will enable the Office of the Solicitor to participate more effectively in appeals proceedings. The reguiation is being published asa final rulemaking under § U.S.C. § $53(b}(3)(A) since it pertains to rules of agency practice and procedure. A thirty-day effective date for implementation of the regulation has been chosen to allow the public to become familiar with this change. The Principal author of this rulemaking is Gary J. Fisher, Office of the Solicitor, Department of the Interior, Washington, D.C. The Department of the Interior has determined that this document is not a significant rule and does not require a regulatory analysis under Executive Order 12044 and 43 CFR Part 14. It is hereby determined that publication of this rulemaking is not a major federal action significantly affecting the quality of the human environment and that no detailed statement pursuant to section 102(2)(C) of the National Environmental Policy Act of 1989 (43 U.S.C. § 4332(2)(C)) is required. Accordingly, under the authority of 43 U.S.C. § 1291, Part 4, Subtitle A, Title 43 of the Code of Federal Regulations is amended as follows: § 4.413 is revised to tead as follows: $4,413 Service of notice of appeal and of other documents, The appellant must serve a copy of the notice of aoveal and of any statement of reasons, written arguments, or briefs on the Regional or Field Solicitor having jurisdiction over the State in which the appeal arose. or upon the Associate Solicitor, Division of Energy and Resources, when the appeals are taken from decisions of the Director, U.S. Geological Survey, or the Director, Bureau of Land Management, or the subject matter of the appeal involves mineral activities on the Cuter Continental Shelf, Address: Associate, Regional or Field Soliciter and States Served Associate Solicitor. Division of Energy and Re: #3. U.S. Dept of the Intenor, ington, D.C. 29240—n/a Regional Solicitor, Northeast Region, US Dept of the Interior, Suite 306. One Cateway Center, Newtoa Comer, MA 02158—Pennsylvania, Indians, Michigan, Minnesota. Chio, Ilinols, We: Virginia, Wisconsin, Delaware, e: York, the New Engle Part Effected: Effective Date: 43 CFR part 4 9/24/80 Regional Solicitor, Southeast Region. U.S. Dept. of the Interior. 75 Spnrg Street S. Suste 1328 Atlanta, GA 30303—Kentuck Tennessee. North Carolina. South Carci Georgia. Fiorida, Alabama, Mississippi. Puerto Rico and the Virgin Islands. Regional Solicitor. Rocky Mountain Regio: U.S. Dept of the Interior, P.O. 30x 25067 Denver Federal Center. Denver. CO $022S—Colorada, Wyoming, Nebrasica, Kansas, lowa and Missoun. Field Solicitor, U.S. Dept of the Laterior, ? Box 1538, Billings. MT $9103—Montana. North Dakota and South Dakota. Regional Solicitor, Intermountain Region. Dept. uf the Interior. Suite 6201. Federai Bldg.. 125 South State Street. Salt Lake City, UT 34136—Utah. Regional Solicitor, Pacific Southwest Reg: U.S. Dept of the Interior. 2800 Cottage Room £-2783. Sacramento, CA 9582S—California, Nevada, Anzona and Hawaii. . Regional Solicitor, Pacific Northwest Regic U.S. Dept. of the Interior, Lloyd S00 Blég Suite 607, $00 N.E. Multnoman Street Portland, OR 97232—Oregon aad Washington. Field Solicitor, U.S. Dept. of the [nterior, = 020, Fed. Bldg. & Courthouse 550 West = St.. Boise. ID 83724—idaho. Field Solicitor, U.S. Dept. of the [ntenor, 2 Box 1042, Santa Fe. NM 87501—Oklanor Texas, New Mexico, Arkansas and Louisiana. . Regional Solicitor, Alaska Region. U.S. De; of the Interior. 510 L Street. Suite 408, Anchorage. AK 99501—Alasha. and each adverse party named in the decision appealed from, in the manze: prescribed in section 4.401(c), not late: than 1S days after filing the document. Failure to serve within the time required wiil subject the appeal to summary dismissal as provided in § 4.402 Proof of such service as requir by § 4.401(c) must be filed with the Board (address: Board of Land Appes! Office of Hearings and Appeais. 4/13 Wilson Boulevard, Arlington. VA within 1S days after service unless £ with the notice of appeal Dated: August 15, 1980. James A. Joseph, Under Secretary. [FR Coe. 20-25748 Filed #22 ar 845 amy SILUNG COOK 4310-17-40 ALS PROCEDURES: GEIERAL wv Definitions. As used in this subpart: (a) “Secretary” means the Secretary of the [ntertor or his authorized repre- sentatives. (d) “Bureau” means Bureau of Land Management. (c) “Board” means the Board of Land Appeals in the Office of Hear. {ngs and Appeals, Office of the Secr tary. The terms “office” or “officer’ as used in this subpart include “Board” where the context requires. (d) “Administrative Law Judge” means an administrative law judge in the Office of Hearings and Appeals, Office of the Secretary, appointed under section 3105 of Title 5 of the United States Code. $4.401 Documents. (a) Grace period for fling. When- ever a document is required under this subpart to be filed within a certain time and it is not received in the proper office during that time, the delay in filing will be waived if the document is filed not later than 10 days after it was required to be [filed and it is determined that the docu- ment was transmitted or probably transmitted to the office in which the filing is required before the end of the period in which it was required to be filed. Determinations under this para- graph shall be made by the officer before whom is pending the appeal in connection with which the document is required to be filed. Transferees and encumbrancers of land the title to which is claimed or is in the process of acquisition under any public land law shall upon filing Notice of the transfer or encumbrance in the proper land office, become enti- tled to receive and be given the same notice of any appeal, or other proceed- ing thereafter initiated affecting such interest which is required to be given to @ party to the proceeding. Every such notice of a transfer or encum- brance will be noted upon the records of the land office. Thereafter such transferee or encumbrancer must be made a party to any proceedings thereafter initiated adverse to the entry. (c) Service of documents. (1) Wher- ever the regulations in this subpart re- quire that a copy of a document be served upon a person, service may be made by delivering the copy personal- ly to him or by sending the document by registered or certified mail. return receipt requested, to his address of record in the Bureau. (2) In any case service may be proved by an acknowledgment of ser- vice signed by the person to be served. Personal service may be proved by a written statement of the person who made such service. Service by regis- tered or certified mail may be proved by a post-office return receipt showing that the document was delivered at the person's record address or showing that the document could not be deliv- ered to such person at his record ad- dress because he had moved therefrom without leaving a forwarding address or because delivery was refused at that address or because no such address exists. Proof of service of a copy of a document should be filed in the same oftice in which the document is filed except that proof of service of a notice of appeal should be filed in the office of the officer to whom the appeal is made, if the proof of service is filed later than the notice of appeal. (3) A document will be considered to Rave been served at the time of per- sonal service, of delivery of a regis- sewed or certified letter, or of the return by post office of an undelivered registered or certified letter. (36 PR 7186. Aor. 15, 1971, as amended at 36 PR 15117. Aug. 13, 1971] 44.402 Summary dismissal. An appeal to the Board will be sud. ject to summary dismissal by the Board (or any of the following causes: (a) [f a statement of the reasons for the appeal is not included in the notice of appeal and is not (led within the time required: (b) [f the notice of appeal is not Served upon adverse parties within the time required: and (c) If the statement of reasons, if not contained in the notice of appeal. is not served upon adverse parties within the time required. ———— APPEALS TO THE Boarn or Lanp Arrears $4410 Who may appeal. Except as otherwise provided in Group 2400 of Chapter [I of this title, except to the extent that decisions of Bureau of Land Management officers must first be appealed to an adminis- trative law Judge under §4.470 and Part 4110 of this title. and except where a decision has been approved by the Secretary. any party to a case who is adversely affected by a decision of an officer of the Bureau of Land Man- agement or of an administrtive law judge. shall have a right to appeal to the Board. (36 FR 1S117, Aug. 13, 1971) $4411 Appeal; how taken, mandatory time limit. (a) A person who wishes to appeal to the Board must file in the office of the officer who made the decision (not the Board) a notice that he wishes to appeal The notice of appeal must give the serial number or other identifica- tion of the case and must be transmit- ted in time to be filed in the office, where it is required to be filed within 30 days after the person taking the appeal is served with the decision from which he is appealing. The notice of appeal may include a statement of the reasons for the appeal and any argu- ments the appellant wishes to make. (b) No extension of time will be cer from whose decision the appeal is taken. If the notice of appeal is filed during the grace period provided in $4.401(a) and the delay in filing is not waived, as provided in that section. the notice of appeal will not be considered and the appeal will be dismissed by (36 PR 7186, Apr. 15, 1971, as amended at 36 PR 15117, Aug. 13, 1971] If the notice of appeal did not in- clude a statement of the reasons for the appeal. such a statement must be (led with the Nae peers of Land Appeals, ice of He: and Appeals, 4015 Wilson Boulevard. Arlington, VA 22203) within 30 days after the notice of appeal was filed. Pailure to file the statement of rea- sons within the time required will sub- ject the appeal to summary dismissal as provided in § 4.402, unless the delay in filing {s waived as provided in $4.401(a), In any case the appellant will be permitted to file with the Board additional statements of rea- sons and written arguments or briefs within the 30-day period after he filed the notice of appeal. $4413 Service of notice of appear ana vc other documents, The appellant must serve a copy of the notice of appeal and of any state- ment of reasons, written arguments, or briefs on each adverse party named in the decision appealed from. in the manner prescribed in §4.401(c), not later than 15 days after filing the doc- ument. Failure to serve within the time required will subject the appeal to summary dismissal as provided in $4.402. Proof of such service as re- quired by §4.401(c) must be fled with the Board (address: Board of Land Ap- peals, Office of Hearings and Appeals. 4015 Wilson Boulevard, Arlington, VA 22203), within 1S days after service unless filed with the n8tice of appeal $4414 Answers. Uf any party served with a notice of appeal wishes to participate in the proceedings on appeal. he must file an answer within 30 days after service on him of the notice of appeal or state- ment of reasons where such statement was not included in the notice of appeal Lf additional reasons, wmtten arguments, or briefs are filed by the appellant, the adverse party shall have 30 days after service thereof on him within which to answer them. The answer must state the reasons why the answerer thinks the appeal should not be sustained. Answers must be filed with the pa a: = Board or Land Appeals, Office of Hearings an Appeals, 4015 Wilson Boulevard, Ar- ington, VA 22203) and must be served on the appellant, in the manner pre- scribed in §4.401(c), not later than 15 days thereafter. Proof of such service as required by §4.401(c), must be filed with the Board (see address above) within 15 days after service. Failure to answer will not result in a default. If an answer is not filed and served within the time required. it may be disregarded in deciding the appeal. unless the delay in filing is waived as provided in § 4.401(a). Actions sy Boarp or Land APrrats $4415 Request for hearings on appeais involving questions of fact. Either an appellant or an adverse party may, if he desires a hearing to present evidence on an issue of fact, request that the case be assigned to an administrative law judge for such a hearing. Such a request must be made in writing and filed with the Board within 30 days after answer is due and @ copy of the request should be served on the opposing party in the case. The allowance of a request for hearing is within the discretion of the Board. and the Board may, on its own motion. refer any case to an rr eed judge for a hearing on an issue of fact. ir'ahearing is ordered. the Board wil specify the issues upon which the hearing is to be held and the hearing will be heid in accordance with §§ 4.430 to 4.439, and the general rules in Sub- part B of this part. IN REPLY REFER TO United States Department of the Interior 2800 (014) BUREAU OF LAND MANAGEMENT AA-47639 Anchorage District Office . 4700 East 72nd Avenue Por . Anchorage, Alaska 99507 2 CERTIFIED MAIL Pe RETURN RECEIPT REQUESTED FEB 2 ss 1983 DECISION Alaska Power Authority 3 AA-47639 334 West 5th Avenue : Right-of-Way Anchorage, Alaska 99501 3 Power Transmission Line g Terror Lake Hydroelectric Project Right-of-Way Grant Transmitted for Signature Rental Required On April 2, 1982, the Alaska Power Authority (APA) filed a right-of-way application for a power transmission line, serving the Terror Lake Hydroelectric Project, located in Sections 9, 10, and 16, T. 28S., R. 21 W., Seward Meridian. Departmental regulation 43 CFR 2803.1-2 provides in part: “The holder of a right-of-way...shall pay annually, in advance, the fair market rental value as determined by the authorized officer’ The fair market rental value for these lands has been estimated at $365 per year. This rental will be adjusted upon receipt of appraisal. The applicant is allowed 30 days from receipt of this decision within which to remit the rental fee of $365 and to sign both copies of the enclosed right-of-way grant, if the terms and conditions are agreeable, and return them to this office for execution of the grant. Nrrashee) Neakows haw Chief, Branch of 9 Case File Processing Enclosure: Right-of-Way Grant f IN REPLY REFER TO United States Department of the Interior 3800) CER) BUREAU OF LAND MANAGEMENT AA-47639 Anchorage District Office 4700 East 72nd Avenue Anchorage, Alaska 99507 CERTIFIED MAIL RETURN RECEIPT REQUESTED MAR 2 5 1983 DECISION RIGHT-OF-WAY GRANT Details of Grant Serial number of grant AA-47639 Name of grantee: Alaska Power Authority 334 West 5th Avenue Anchorage, Alaska 99501 Map showing the location and dimensions of grant: Map designations: Terror Lake Hydroelectric Project Project Area - Right-of-Way Application Drawings Robert B. Retherford Associates aS Date filed: Revised through August 1981 Permitted use by grantee: 138 KV Power Transmission Line Authority for grant: Act of October 21, 1976 (90 Stat. 2743, 43 U.S.C 1761-1771) Regulations applicable to grant: Code reference: 43 CFR 2800-2804 Date of grant: As noted above. Expiration date of grant: Fifty (50) years from date of grant Rental: Amount: $365 per year (to be adjusted upon receipt of approved appraisal) When payable to grantee: Annually, in advance Terms and Conditions of Grant Pursuant to the authority vested in the undersigned by Bureau Order No. 701 of the Director, Bureau of Land Management, dated July 23, 1964 as amended, a right-of-way, which is an easement issued pursuant to the Act of October 21, 19% (90 Stat. 2743, 43 U.S.C. 1761-1771), the details of which are shown above, is hereby granted for the public lands involved 1/, subject to the following terms and conditions: ' 1. All valid rights existing on the date of the grant. 2. All Department regulations contained in 43 CFR 2800 as more specifically set forth in the attached terms and conditions. 3. There is hereby reserved to the Secretary of the Interior or his lawful delegate, the right to grant additional rights-of-way or permits for compatible uses on, under or adjacent to the land involved in this grant. 4. The right-of-way may be renewed. If renewed, the right-of-way will be subject to Departmental regulations existing at the time of renewal and such other terms and conditions deemed necessary to protect the public interest. 5. The dimensions of the right-of-way are 200 feet wide and 2 miles long, located in Sections 9, 10, and 16, T. 28 S., R. 21 W., Seward Meridian. 6. See attached stipulations which are hereby made a part of this grant. The term “Authorized Officer" as used in the attached stipulations means the District Manager, Bureau of Land Manage- ment, having jurisdiction over the area. 7. The signing of this grant consititutes the acceptance by the grantee of the terms, conditions, and stipulations specified herein. Signature of Grantee a Case File Processing Ns ww Enclosures (KY “eo 1-Map 2-Stipulations 1/ For the purpose of this grant, public domain lands include those reserved or withdrawn for specific purposes, entered, selected, occupied and/or settled, and leased. I. II. DEFINITIONS AND GENERAL STIPULATIONS DEFINITIONS As used herein, the following terms have the following meanings: | 1.1 1.2 1.3. 1.4 1.5 2.1 “Authorized Officer" means the District Manager, Bureau of Land Management, having jurisdiction over the grant area, or the person designated or delegated to act in his stead with respect to the subject matter of this grant. "Grantee" means each and every governmental agency, individual, person or company, including partnerships, corporations, joint ventures, associations, or any other business firms engaged in, or which shall become engaged in, the use of the grant area, together with their employees, agents, contractors and subcon- tractors, and the employees of each of them. "Grant" means the license, lease, permit, or other permission granted by the United States to the grantee for the use of public lands and resources. "Grant area" means the specific area described in the grant. "Waste" means all discarded matter including, but not limited to, human waste, trash, garbage, refuse, oil drums, petroleum products, ashes and equipment. GENERAL STIPULATIONS Acknowledgements of Grantee Grantee, by accepting this grant and-commencing activities pursuant thereto, acknowledges each of the following: 2.1.1. That, to except where the approval of the Authorized Officer is required before grantee may commence a particular operation, neither the United States nor any of its agents or employees agrees to or is in any way obligated to examine or review any plan, design, specification, or other document which may be filed by grantee with the Authorized Officer pursuant hereto. 2.1.2 That the absence of any comment by the Authorized Officer or any other employee of the United States with respect to any plan, design, specification, or other document which may be filed by grantee with the Authorized Officer does not represent in any way what- ever any assent to, approval of, or concurrence in such plan, design, specification, or other document or of any action proposed therein, 2.1.3 2.1.4 That this grant and the rights and privileges granted thereby, is subject to all valid existing rights in and to the land which is described in the grant and that the United States makes no representations or warranties whatever either express or implied, as to the existence, number, or nature of such valid existing rights. The grantee shall identify and have available during construction and use of the grant area a representative capable of exercising authority in order to assure compliance with the requirements of the Authorized Officer. 2.2 Responsibility of the Authorized Officer 2.2.1 2.2.2 2.2.3 2.2.4 The Authorized Officer, and such representatives of Federal agencies as he may designate, may inspect the exploration, construction, operations, or any other activities of grantee in the grant area at any time. For purposes of information and review, the Authorized Officer at any time may call upon grantee to furnish any or all data related to preconstruction, construction, or operation activities undertaken in connection with the grant and any related facilities. Grantee shall furnish the requested data as promptly as possible, or as otherwise required under the terms of this grant or other applicable grants. In the event the Authorized Officer determines in his judgment that grantee has failed or refused to comply with the Standard and Special Stipulations, or other provisions of this grant, the Authorized Officer, by written order, may suspend or terminate any or all of grantee's activities. The grantee shall not resume such suspended or terminated activi- ties until given written authorization to proceed by the Authorized Officer. The Authorized Officer may, by written order, temporarily suspend or terminate activities of the grantee, if in the Authorized Officer's judgment, an immediate temporary suspension of such activities is necessary to protect: (1) public health or safety (including but not limited to, personal injury or loss of life); or (2) the environment from immediate serious, substantial, and irreparable harm or damage to areas of vegetation or timber, fish or other wildlife popula- tions, or their habitats, or any other natural resources during periods of unforeseen seasonal, climatic, or other detrimental physical conditions. 2.3. 2.4. Zaee5 All decisions, orders, and determinations of the Authorized Officer, unless otherwise indicated by him in writing shall be appealable to the Alaska State Director, Bureau of Land Management, and from there in accordance with 43 CFR 1840. During the pendency of any such appeal, the Authorized Officer's decision, order, or determination shall not be suspended, but shall remain in full force and effect until final disposition of the appeal. Changes in Conditions Unforeseen conditions arising during construction and operation in accordance with the grant may make it necessary to revise or amend these stipulations. In that event, grantee and the Authorized Officer shall agree as to what revisions or amendments shall be made. If they are unable to agree, the Secretary of the Interior, through the Director and Alaska State Director, Bureau of Land Management, shall have final authority to determine the matter. Equal Opportunity During the performance of this contract, the contractor agrees as follows: 2.4.1 The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment adver- tising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this Equal Opportunity clause. 2.4.2 The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 2.4.3 The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting 2.4.4 2.4.5 2.4.6 2.4.7 officer, advising the labor union or workers' represen- tative of the contractor's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required “by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the provisions of paragraphs 2.4.1 through 2.4.6 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each sub-contractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including actions for non- compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2.5 Civil Rights 2.6 2.5.1 2.5.2 2.5.3 The grantee agrees not to exclude any person from participating in employment or procurement activity connected with this grant on the grounds of race, creed, color, national origin, and sex, and to ensure against such exclusions, the grantee further agrees to develop and submit to the proper reviewing official specific goals and timetables with respect to minority and female participation in employment and procurement activity connected with this grant. The grantee will take affim- ative action to utilize business enterprises owned and controlled by minorities or women in its procurement practices connected with this grant. Affirmative action will be taken by the grantee to assure all minorities or women applicants full consideration of all employment opportunities connected with this grant. The grantee also agrees to post in conspicuous places on its premises, which are available to contractors, subcontractors, employees, and other interested individuals, notices which set forth equal opportunity terms; and to notify interested individuals, such as bidders, contractors, purchasers, and labor unions or representatives of workers with whom it has collective bargaining agreements, of the grantee's equal opportunity obligations. The grantee further agrees that it will not transfer the property conveyed by this instrument for the purpose designated in the grant or for another purpose involving the provision of similar services or benefits, unless and until the transferee gives similar written assurance to the Authorized Officer, Bureau of Land Management, that it will comply with the provisions of paragraph 2.5.1 hereof. The grantee agrees that in the event of a violation or failure to comply with the requirements imposed by paragraph 2.5.1, the United States may seek judicial enforcement of such requirements. Liabilities and Responsibilities of Grantee 2.6.1 Any structure, property, or land harmed or damaged by or during the construction, operation, or maintenance of the grant area shall be reconstructed, repaired, rehabilitated, and restored (as may be necessary) by grantee as soon as practicable, so that the condition thereof is acceptable to the Authorized Officer. Grantee shall further abate, as soon as practicable any condition existing with respect to the grant area or its related facilities, or with respect to the construction, operation, or maintenance thereof, which may be causing harm or damage to any person, structure, property, land, stream, or wildlife. 2.7 2.8 2.6.2 Grantee shall be liable to the United States for any damage suffered or cost or expense incurred by the United States in any way arising from or connected with any occupancy or use of the lands under this grant whenever such damage, cost, or expense results from any breach of a term or condition of this grant by, or from any negligent or wrongful act or omission of the grantee, his employees, contractors, or employees of such contractors. Grantee shall also indemnify the United States against any liability for injury to life or person or for damage to property arising from or connected with any use or occupancy under this grant whenever such injury or damage results from any breach of a term or condition of this grant by, or from any negligent or wrongful act or omission of the grantee, his employees, contractors or employees of such contractors; provided, however, that if the grantee is a State or other governmental agency which has no legal power to assume such liability with respect to damage to property caused by it, such agency shall in lieu thereof, and to the extent required by the Authorized Officer, repair such damage, or wherever possible, replace property damaged beyond reasonable economic repair [43 CFR 2803.1-4(f)]. Improvements 2.7.1 2.7.2 Unless otherwise provided for, any existing telephone, telegraph, and transmission lines, fences, ditches, roads, trails, and/or other improvements shall be protected in all phases of grantee's construction operations under this grant. Unauthorized damage to utilities and improvements shall be promptly repaired to a condition which is at least as good as the condition just prior to such damage. All roads and trails needed for fire protection shall be kept free of logs, slash, and debris. Federal, State, and Local Laws and Regulations Grantee shall comply with all applicable Federal, State, and local laws and regulations thereunder, existing or hereafter enacted or promulgated, affecting in any manner, construction, operation or maintenance of the grant area. 2.9 Survey Monuments 2.9.1 Grantee shall mark and protect all survey monuments within or near the grant area against destruction, obliteration, or damage during the life of this permit. If any public land monuments or corner accessories, including but not limited to U.S. Coast and Geodetic, U.S. Geological Survey and/or Bureau of Land Management survey monuments, are destroyed, obliterated, or damaged, grantee shall, by utilization of a registered land surveyor, reestablish or restore at the same location the monuments or corner accessories using surveying pro- cedures, in accordance with the "Manual of Instructions for the Survey of Public Lands of the United States, 1973 Ed.," and shall record such in the appropriate records. Additional requirements for the protection of monuments, corners, and bearing trees may be prescribed by the Authorized Officer. Written permission from the Authorized Officer must be obtained before a monument may be moved or buried. 2.9.2 A copy of the survey record shall be furnished to the Bureau of Land Management fully describing monuments and corner accessories found at the corner point, and any new monuments or accessories established to perpetuate the corner position. 2.10 Environmental Briefing 2.11 2.12 Prior to and during construction, operation, maintenance and termination of the generating and transmission system, the Grantee shall develop and provide environmental and other pertinent briefings for supervisory and field personnel directly related to the project and for Federal field representatives, The environmental briefing program must be submitted for review and for approval by the Authorized Officer prior to commencement of construction. Construction Scheduling Prior to commencement of construction, grantee shall, at the request of the Authorized Officer, submit a schedule of its con- struction activities. This schedule shall be in such detail as he may require. During the course of construction, this schedule shall be updated and resubmitted when major changes occur or at the request of the Authorized Officer. Termination of Use Upon revocation or termination of the grant or abandonment of any section of the grant area, grantee shall remove all improvements and restore the land to the satisfaction of the Authorized Officer. Such removal and restoration shall be accomplished within 60 days from the date of revocation, termination, or abandonment, or within 60 days of the time weather and ground conditions permit access to the grant area. ih 2.13 Antiquities and Historical Sites 2.14 2.13.1 2.13.2. 2.13.3 2.13.4 If, in connection with any operation under this grant, grantee discovers any archeological, paleontological, or historical values, he shall immediately notify the Authorized Officer and use such protection measures as are necessary. The Authorized Officer may suspend that portion of grantee's operations as necessary to preserve evidence pending investigation of the site by a profes- sional archeologist. If it should become necessary to salvage any artifacts, the professional archeologist who investigates the site will provide an on-the-ground opinion regarding protective measures to be undertaken by grantee, and/or he will supervise moving the artifacts to an accredited depository at the expense of the grantee. The grantee shall, prior to'surface disturbing activities, engage a qualified professional, acceptable to the Authorized Officer, to conduct a thorough and complete intensive inventory of antiquities and other resources of cultural and scientific value, in areas to be disturbed. Upon receipt of an acceptable report of the intensive inventory, the Authorized Officer shall, if necessary, prepare mitigation plans derived from the findings of the intensive inventory. The grantee, through a qualified professional shall undertake avoidance, excavation, or other mitigating measures, in advance of any surface disturbing activities as required by the mitigation plans. The grantee shall immediately bring to the attention of the Authorized Officer, any and all antiquities or other values of cultural or scientific interest discovered as a result of operations under this grant and shall leave such discoveries intact until told to proceed by the Authorized Officer. The Authorized Officer will evaluate the discoveries brought to his attention and will determine what action will be taken with respect to such discoveries. Appropriate mitigation shall be undertaken prior to proceeding with any operations that might be destructive to the discovery. The grantee or any contractor will not injure, alter, destroy, or collect any site, structure, object, or other values of historical, archeological, paleontological, or other cultural importance. Pesticides and Herbicides The grantee, shall comply with the applicable Federal and State laws and regulations concerning the use of pesticides (i.e., insecticides, herbicides, fungicides, rodenticides, and other similar substances) in all activities/operations. under this grant. The grantee, shall obtain from the Authorized Officer approval of a written plan prior to the use of such substances. The plan must provide the type and quantity of material to be used; the pest, insect, fungus, etc. to be controlled; the method of application; the location for storage and disposal of containers; and other information that the Authorized Officer may require. The plan should be submitted no later than December 1 of any calendar year that covers the proposed activities for the next fiscal year (i.e., December 1, 1979, deadline for fiscal year 1981 action). Emergency use of pesticides may occur. The use of substances on or near the right-of-way shall be in accordance with the approved plan. A pesticide shall not be used if the Secretary of the Interior has prohibited its use. A pesticide shall be used only in accordance with its registered uses and within other limitations if the Secretary has imposed limitations. Pesticides shall not be permanently stored on public lands authorized for use under this grant. 2.15 Sanitation and Waste Disposal 2.15.1 All waste generated during construction, operation, maintenance and termination under the grant shall be removed or otherwise disposed of in a manner acceptable to the Authorized Officer. All applicable standards and guidelines of the Alaska State Department of Health and Welfare, the United States Public Health Service, and the Federal Water Pollution Control Administration shall be adhered to by grantee. 2.15.2 Emissions from pumps, motors, equipment, installations, and burning material must meet the air quality standards of the United States Public Health Service and the State of Alaska. The best practicable portable or permanent waste disposal systems shall be used and shall be approved in advance by the Authorized Officer. III. SPECIAL STIPULATIONS 3.1 Specific Project Construction 3.1 All construction activities shall be confined to the granted right-of-way area, which, except as otherwise noted, is a linear segment two hundred (200) feet in width, one hundred (100) feet to each side of the centerline. 3.13 Any and all borrow materials necessary for construction of the transmission line shall be obtained under a separate permit. The right-of-way grant does not authorize removal or movement and utilization of any borrow materials. 3.14 Written notification of commencement of construction activi- ties shall be given to the District Manager, Bureau of Land Management, Anchorage District Office, 4700 E. 72nd Avenue, Anchorage, Alaska 99507, prior to actual commence- ment of activities. 3.15 Within one year of the completion of construction APA shall provide the BLM with an as built survey showing the exact route location of the transmission line. 3.2 Erosion Control 3.21 The grantee shall rehabilitate all disturbed areas suscep- tible to erosion as a result of construction activity. 3.22 Erosion control measures shall be employed within thirty (30) days. after disturbance. 3.3. Vegetation 3.31 Clearing within the transmission line right-of-way is restricted to the same standards included in the State of Alaska Right-of-Way Grant No. ADL 204024; specifically special stipulations V B (1 through 3) (page 9). 3.32 Slash, snags, and other woody material of no marketable value shall be disposed of by scattering the materials within the grant area. 3.4 Wildlife 3.41 The grantee shall inform its employees, agents, contractors and their employees of the applicable laws and regulations relating to the taking of fish and wildlife. 3.42 All eagles, their eggs, and their nests shall be protected by the grantee from disturbance and/or destruction. The grantee will be held responsible for knowing the locations of all raptor nests within 1,000 feet of each side of the right-of-way center line. Between the period of April 1 to August 1, the grantee will not permit human disturbance or construction activity within 300 feet of eagle nests and 150 feet of all other raptor nests. 3.5 3.43 3.44 3.45 3.46 Helicopter departure and approach patterns likely to occur in the vicinity of known raptor nest sites will be pre- scribed on a case-by-case basis in consultation with the authorized officer. The permittee will follow all permit requirements of the Alaska Department of Fish and Game concerning anadromous stream crossings. All transmission facilities in any way connected with this project shall be designed to prevent the electrocution of birds with wing spans up to 84 inches and body lengths up to 36 inches, Contact with or harassment of brown bear shall be avoided at all times. The U.S. Fish and Wildlife Service and/or Alaska Department of Fish and Game’ shall be contacted prior to the destruction of problem animals unless they are expressly endangering life and property. Use of Explosives (Blasting): 3.51 3.52 Any and all use of explosives shall be done in strict conformance with applicable Federal and State laws and regulations including but not limited to handling, trans- porting and storage of all explosives. Any and all blasting permits, required by law and/or regulations, and as may be required by this Right-of-Way grant must be current and on file in the grantee's office prior to any blasting operations. Blasting shall not be done under water or within & mile of any stream or lake without a permit from the Alaska Depart- ment of Fish and Game. February 7, 1989 Mr. Jay Bellinger Refuge Manager Kodiak National Wildlife Refuge 1390 Buskin River Road Kodiak, Alaska 99615 Subject: Transfer of Special Use Permit #KD81-0040 Terror Lake Hydroelectric Project Dear Mr. Bellinger: In April 1982, the Kodiak Electric Association transferred its interests in the Terror Lake Hydroelectric Project to the Alaska Power Authority. Integral to that transfer was the assignment of all permits and licenses for the project to the Power Authority. This is specified in the Acquisition Agreement, a copy of which is enclosed with this letter. It has come to our attention that the Special Use Permit #KD81-0040 has not yet been transferred to the Power Authority. Therefore, the Alaska Power Authority respectfully requests that the permit be transferred in order that the terms of the Acqui- sition Agreement may be fulfilled. If the permit is not trans- ferable, as we understand it may not be, we request that a new permit bearing the same conditions and stipulations be issued to the Power Authority. If issuance of a new permit is required and an application must be made, please provide us with the necessary forms for our completion. We thank you in advance for rectifying this matter which had been overlooked by the Power Authority and the Kodiak Electric Asso- ciation in the past. 4977/940(1) Mr. Jay Bellinger February 7, 1989 Page 2 If you have any questions, please do not hesitate to contact us. Sincerely, Robert E. LeResche Executive Director TJA:REL: t1j Enclosure as stated cc: Donald L. Shira, Alaska Power Authority Larry Wolf, Alaska Power Authority Dave Nease, Kodiak Electric Association 4977/940(2) State of Alaska Steve Cowper. Governor Alaska Energy Authority A Public Corporation January 23, 1990 Ms. Marcy Peterson Agency Realty Officer Bureau of Indian Affairs 1675 "C" Street Anchorage, Alaska 99501-5198. Subject: Approval of Amended Easement Documents for Native Allotments RE: AA-7352, Fedosia Haakanson AA-7084, Tina Rowland AA-7329, William Yurioff Dear Ms. Peterson: After completing an as-built survey of the Terror Lake hydroelectric project transmission line to Port Lions it became necessary to correct the plats and/or easement grant documents for the subject allotments. These documents are respectfully submitted for approval and signature by your agency. The as-built survey performed on these allotments is a requirement of the Kodiak Island Borough as a condition of plat approval for the Terror Lake project. Final approval by the Borough is pending submission of the BIA approved plats. Therefore, your timely approval and return of copies of completed documents/plats is appreciated. If you have any questions, please do not hesitate to contact Mr. Tom Arminski of our staff at 561-7877. Sincerely, Z a Ly tlt dE. Donald L. Shira Director/Facilities Operations & Engineering DS:TA:js Enclosure as stated. cc: Larry Wolf, Alaska Energy w/o enclosure Al Talcott, Department of Natural Resources w/o enclosure David Nease, Kodiak Electric Association w/o enclosure PO. Box AM Juneau, Alaska 99811 (907) 465-3575 X PO. Box 190869 701 East Tudor Road Anchorage, Alaska 99519-0869 (907) 561-7877 Weeagsinzasi1\ / FEDERAL ENERGY REGULATORY COMMISSION STATEMENT OF ANNUAL CHARGES FOR U.S. LANDS FOR PERIOD BEGINNING OST BE RECEIVED BY: 12/13/1993 1070171993 ENDING 09/30/1994 DATE OF STATEMENT: 1072971993 L40210 - 00 CONTRACT NO.: PROJECT NO.: 02743 ALASKA ENERGY AUTHORITY ATTN: WILLIAM SOBOLESKY POST OFFICE BOX 190869 701 EAST TUDOR ROAD ANCHORAGE AK 99519-0869 LOCATION: AK * jet LIC. EFFECTIVE: LIC. ISSUED: LIc. TYPE: 0570171982 0571271982 CONVENTIONAL CHARGES FOR USE OF GOVERNMENT LANDS (INCLUDING LANDS PATENTED SUBJECT TO THE PROVISIONS OF SECTION 24 FPA. EXCLUDING INDIAN LANDS) CHARGE AMOUNT DUE - EXCLUSIVE OF TRANSMISSION LINES ZONE: 7 4,282.000 AC $45,474.84 $45,474.84 FIXED CHARGE + TRANSMISSION LINES ZONE: FIXED CHARGE taro $45,474.84 CREDIT CHARGES DUE aah 45,474.84 April 27, 1988 Mr. James £. Carmichael, General Manager Afognak Native Corporation 413 Rezanof Drive, East Kodiak, Alaska 99515 Subject: Port Lions Transmission Line Easement Grant Amendment Dear Mr. Carmichael: Please excuse us for the length of time it has taken to respond to your suggested amendment to the subject agreement. Since that time we have been involved in an appeal to the Kodiak Island Borough in which we have disputed a requirement to survey the Port Lions Transmission Line as a condition of plat approval for state tracts fmmediately within the project area. In short, our appeal has been denied and we do not wish to pursue the matter further. Therefore, we will be surveying the Port Lions line this summer. We will previ Sore Afognak Native Corporation with a copy of the survey, thereby fulfilling the terms of our agreement. Thank you for your past cooperation and if there are any questions we can respond to, please do not hesitate to contact us. Donald L. Shira, Director : Progrem Development and Fact ities Operations TJA:LW:aa cc: Larry Wolf, Alaska Power Authority 2505/852/1