Loading...
HomeMy WebLinkAboutLarsen Bay Hydro Permit Review May 2005 PERMIT REVIEW Meridian Management, Inc. May, 2005 LARSEN BAY PERMIT REVIEW Introduction This report lists and summarizes the permits obtained and land use agreements reached for the construction of the Larsen Bay Hydroelectric Project. In addition, it includes a discussion of the probable permitting requirements for a diversion structure and pipeline on the east fork of Humpy Creek, to provide additional water to the project. This diversion was a part of the original development concept for the project. This summary report is intended to be an accompaniment to the notebook created for this assignment, containing copies of the permits received and leases executed for the existing project. Findings The Larsen Bay Hydroelectric Project was constructed on land located within the Kodiak National Wildlife Refuge. Originally federally owned, these lands were conveyed to Native ownership (first to to Nu-Nachk-Pit and thence to Koniag Inc.) under the terms of a December, 1980 amendment to the Alaska Native Claims Settlement Act (ANCSA). Based on this conveyance out of federal ownership the Federal Energy Regulatory Commission (FERC) issued a ruling in August of 1983 that the Larsen Bay Hydroelectric Project would not be subject to licensing under the terms of the Federal Power Act. The project was found to be subject to the terms of section 22 (g) of ANSCA, however, giving the Department of the Interior, U. S. Fish and Wildlife Service oversight responsibility for the project, to ensure that it was developed in a manner compatible with the purposes of the National Refuge. The permits required and obtained for construction of the project included a U. S. Army Corps of Engineers permit under Section 404 of the River and Harbors Act, a Certificate of Reasonable Assurance from the Alaska Department of Environmental Conservation (section 404 of the Clean Water Act), a Fish Habitat Permit from the Alaska Department of Fish and Game for work in fish bearing waters of the State of Alaska and a water rights permit from the Alaska Department of Natural Resources. In addition, the project completed the review process required to demonstrate consistency with the Alaska Coastal Management Program and received approval for an exception from Section 17.18.020 (Permitted Uses) from the Kodiak Island Borough. A 50 year lease, with option for renewal, was obtained from Koniag Inc. for the construction, operation and maintenance of the project. This lease agreement included a cooperative agreement between the City of Larsen Bay, Koniag Inc. and the U. S. Fish and Wildlife Service establishing certain conditions for use of the land, under the terms of Section 22 (g) of ANSCA. Since the construction of the project the lands surrounding the existing project, including the land which the proposed diversion and pipeline would occupy reportedly have been re-acquired by the federal government’. In addition, these lands also are now subject to the terms of a State of Alaska Limited State Holding easement (LSH 404), granted in 1996. Only the land occupied by the existing project was excluded from the transfer back to federal ownership. Thus, the existing project land remains under Koniag ownership and is subject to the terms of the lease agreement while the proposed diversion would lie on federally owned lands and within the National Wildlife Refuge. Construction of the proposed diversion would require completion of the same basic permitting process as was necessary for the original project (i.e. ADNR coastal zone consistency review, ADEC 404 permit, Certificate of Reasonable Assurance, ADNR fish habitat permit, and Kodiak Island Borough approval). In addition, it is likely that a special use permit will be required from U. S. Fish and Wildlife Service. This would require preparation of an EA or EIS under Department of Interior NEPA regulations. Thus, it can be anticipated that the permitting process will be complex and the outcome will, by no means, be assured. Further, as the diversion would be located on lands that are now federally owned, FERC could re-assert jurisdiction’. Chronology of Permits and Agreements Obtained for the Original Project The key permits and agreements obtained for the Larsen Bay Hydroelectric Project include: 1. An August 4, 1983 order issued by the Federal Energy Regulatory Commission (FERC) that Section 23 (b) of the Federal Power Act does not apply to the Larsen Bay development. That is, the project does not require licensing by FERC. This finding was based on the facts that ; a. the project would not be located on navigable water, b. the project would use no surplus water or power from a federal government dam, c. no power generated at the project would be transported across state lines or be fed into an interstate power system, and, ' Both the lands specialist at Koniag and the U. S. Fish and Wildlife Service reality group report that this is the case, although the filing of the necessary paperwork may not be completed. Meridian is currently working with lands specialist Rick Elliott to clarify this matter. ? This assumes that the regulations for the Alaska small hydro program are not in place. Should the State program be implemented then it would be necessary to comply with those regulations. d. although the land occupied by the project was originally owned the United States, upon passage of the Alaska Native Claims Settlement Act it was conveyed to a Native Corporation®. 2. A January 8, 1988 permit to appropriate water from the State of Alaska Department of Natural Resources, Division of Land and Water Resources, granting rights for the development and use of 15 cubic feet per second from the West (sic) Fork of Humpy Creek* and Upper Humpy Creek 3. A January 21, 1988 finding by the Kodiak Island Borough, granting the City of Larsen Bay’s request for exception to Section 17.18.020 of the Borough Code (Permitted Uses) to allow construction of the project. 4. A January 12, 1989 Certification of Consistency with the Alaska Coastal Management Program, issued by the Alaska Department of Natural Resources. 5. A January 12, 1989 Certificate of Reasonable Assurance, issued by the Alaska Department of Environmental Conservation, as required under Section 401 of the Clean Water Act of 1977 and provisions of the State of Alaska’s Water Quality Standards. 6. A January 13, 1989 Fish Habitat Permit, issued by the Alaska Department of Fish and Game, permitting instream work in Humpy Creek, issued in accordance with AS 16.03.870 (d) (Anadromous Fish Act) and AS 16.05.840 (Fishway Act). 7. An April 21, 1989 Department of the Army 404 Permit, allowing placement of fill in Humpy Creek as part of the development of the Larsen Bay Project. 8. A July 26, 1989 Cooperative Agreement between the United States Fish and Wildlife Service, Koniag Inc. and the City of Larsen Bay to establish procedures for the use and development of lands owned by Koniag Inc. subject to section 22 (g) of the Alaska Native Claims settlement Act (43 U. S. C. 1601-1624; 85 Stat. 688), as amended, for the construction, operation and maintenance of a hydroelectric power plant at Larsen Bay. 9. A September 12, 1989 lease agreement between Koniag, Inc. and the City of Larsen Bay, making certain lands owned by Koniag Inc. available for construction and operation of a power project, including, as attached exhibits, the U. S. Army Corps of Engineers 404 permit, a description of the leased lands and the Cooperative Agreement between Koniag Inc., the USFWS and the City of Larsen Bay cited above. The term of the lease is for 50 years. 10.A February 22, 1990 lease agreement between Alan Beardsley and the City of Larsen Bay for use of U. S. Survey 361 (SA Homestead Claim of the Alaska Packers Association) for the construction operation, and ° This order does specify that if, in the future, the land on which the project is located should revert back to federal ownership Section 23 (b) of the Federal Power Act could be found applicable. * At various places in the permit documents the stream to be developed for diversion is mis- identified as the West Fork. It is, in fact, the East Fork of Humpy Creek. maintenance of a power plant and transmission lines. The term of the lease is for 50 years. 11.A May 22, 1991 renewal of the Alaska Department of Fish and Game Fish Habitat Permit originally issued in January of 1989. Summary of the Permit Terms A number of the permits and agreements received for the Larsen Bay Hydroelectric Project were specific to the construction of the original project. The terms and conditions of these permits are not directly relevant to the proposed diversion project. However, by and large they are the same permits and agreements as will be required for the east fork diversion project. They are listed below and pertinent features are discussed. They include: 1. aos AU. S. Army Corps of Engineers Section 404 Permit. Early correspondence from the Army Corps when the existing project was under development indicated that the project could be authorized under the terms of the Nationwide Permitting program, which would have substantially reduced the amount of work required of the applicant. However, subsequent correspondence from the U. S. Fish and Wildlife Service, to the effect that since only a Nationwide Permit was required and would not include an Environmental Assessment (EA) from the Corps, responsibility for NEPA clearance for the project would fall to the Service. This would have entailed the Service doing an EA as well as a compatibility determination under the authority of Section 22 (g) of the Alaska Native Claims Settlement Act (see below). Shortly thereafter it was decided to pursue the Section 404 permit and rely on the Army Corps to complete the NEPA clearance. In the case of the proposed diversion, because of the change in land ownership it is most likely that the responsibility for NEPA clearance will fall to the U. S. Fish and Wildlife Service. A Certification of Consistency with the Alaska Coastal Management Program, from ADNR. A Certificate of Reasonable Assurance from ADEC (issued as a consequence of the completion of the consistency finding and 404 permitting). A Fish Habitat Permit from ADF&G, for work in a fish bearing stream. A water use permit for the Humpy Creek at the existing dam site as well as use of water from the east fork of Humpy Creek. Both these permits have lapsed and were never renewed. Further, water from the east fork was never used, as the diversion was not included in the project. Discussions with Gary Prokosch of ADNR, .Division of Mining, Land and Water indicate that it should be possible to file for a certificate of beneficial use® for the water used by the existing project, using historical generation records as a means to estimate actual water use to date. However, it will be necessary to file for a new water use permit for the east fork water diversion Land Ownership Based on a preliminary review of the lands records for the project area, as available in the micro-fiche files available at AEA and conversations with Koniag and U. S. Fish and Wildlife lands specialists, it appears that the land on which the present project is located is owned by Koniag, Inc. (see tract A, as shown in Attachment 1) and the terms of this 50 year lease still apply for the existing project (see below for a detailed discussion of this lease, as well as of a lease agreement with the Alaska Packer's Association for use of lands to the north of the Koniag Lands). However, both the land specialist for Koniag and the U. S. Fish and Wildlife realty group report that all the lands surrounding the existing project, as well as lands on which the proposed diversion would be located (all of sections 5,6,7,and 8, Township 31 South, Range 29 West, Seward Meridian, excepting tract A) have been transferred to federal ownership. Meridian is currently working with Land Consultant Rick Elliott to determine the exact status of the lands surrounding the project. Mr. Elliott's findings will be provided in a separate report. As discussed above, the project lands (tract A) are located within the boundary of the Kodiak National Wildlife Refuge and were a part of the refuge when they were conveyed, first to to Nu-Nachk-Pit and thence to Koniag Inc., as successor- in-interest. For this reason they remain subject to Section 22 (g) of ANSCA. This section provides, in part that: “....every patent issued by the Secretary pursuant to this act — which covers lands lying within the boundaries of a national wildlife refuge on the date of enactment of this Act shall contain a provision that such lands remain subject to the laws and regulations governing uses and development of such Refuge....”. Thus, the terms and agreements defined in the cooperative agreement between the City, U. S, Fish and Wildlife and Koniag Inc. still apply to the existing project. Further, since completion of the existing project, Koniag, Inc. has entered into an agreement granting State a Limited State Holding (LSH 404) that covers the entire area upon which the new diversion would be located and has returned the ownership of these lands to the federal government. ° This is equivalent to a property right and is granted based on demonstration of actual use of the water for the purpose specified in the initial permit over a period of time. The conservation easement, obtained as a part of the Exxon Valdez Oil Spill settlement process, allows the State to enforce certain restrictive covenants including the prohibition of : “(V) THE MANIPULATION OR ALTERATION OF NATURAL WATER COURSES, SHORES, MARSHES OR OTHER WATER BODIES OR ACTIVITIES OR USES DETRIMENTAL TO WATER PURITY ON THE PROTECTED PROPERTY.” (Attachment 4). It is unclear what the existence of this conservation easement will mean to the development of the diversion structure. It would appear to allow the State additional authority over the use of these lands and could make project development more difficult. However, of more importance, the return of these lands to federal ownership means that the U. S. Fish and Wildlife Service has the authority to manage these lands and construction of the diversion would require that they issue some type of special use permit. This presumably would require, at a minimum, that they complete either an EA or EIS under their NEPA regulations. Finally, absent implementation of the State of Alaska’s small hydro program it is possible that FERC would require a license for the diversion (under their authority to regulate headwaters projects that contribute to downstream power developments). Should the State program be implemented in the near future it may be necessary to pursue a permit through these regulation. The draft regulations currently being circulated appear to be essentially the same as those used by the FERC. In summary, the change in land ownership will significantly complicate the permitting process for the proposed diversion. Leases The information presented below is based on materials in the micro-fiche files maintained by AEA and may be incomplete. The status of these leases also will be a subject of the review being conducted by Mr. Elliott. Lease Agreement Between Koniag Inc. and Larsen Bay Based on information in the project files, this lease is still in effect and will require revision and updating before completion of the diversion project. This lease grants access to the City of Larsen Bay to lands owned by Koniag Inc. for the construction, operation and maintenance of the Larsen Bay Hydroelectric project. The leased lands were originally identified by aliquot part descriptions in an attachment to the lease identified as Exhibit B, and included some 56.25 acres in Section 6 and 32.5 acres in section 5 of T 31 S, R 29 W, Seward Meridian. The lease stipulated that an as-built survey of the land actually occupied by the project was to be completed within 60 days following substantial completion of the project. This survey was to be denominated Exhibit B-1 and from that time forward the term “leased lands” would refer solely to lands delineated in Exhibit B-1. The land records available in the microfiche files are not complete and the as-built survey | have seen is not clearly identified as Exhibit B-1. It is, however, clearly a survey of the existing project. The ADNR status plat for the area shows it as “Tract A” (survey number 96-9) and as containing 28.80 acres (See Attachment 1). The lands incorporated in this survey differ from those identified in the aliquot part descriptions attached to the original lease agreements. Significantly, neither the aliquot descriptions nor the as-built survey include the lands that would be required for the East Fork diversion project. As stated above the term of this lease is for 50 years (I.e. through 12/31/2039). In addition, there is a provision for a 20 year renewal. At termination the lessee is required to remove the power project from the land. Also incorporated into the lease is the July 26, 1989 cooperative agreement between the U. S. Fish and Wildlife Service, Koniag Inc. and the City of Larsen Bay. This agreement was developed because the project, although located on land owned by Koniag Inc., lies within the external boundaries of the Kodiak National Wildlife Refuge and thus is subject to Section 22 (g) of the Alaska Native Claims Settlement Act (ANSCA). Attachment 2 to this report provides background on Section 22 (g). Included in the cooperative agreement was a list of eight stipulations and mitigation measures that are still in force for the project (see Attachment 3). Included is a stipulation that use of sand and gravel in construction will be subject of a separate permit between Larsen Bay and the USFWS. Lease Agreement Between Larsen Bay and the Alaska Packers Association The project files include a copy of a lease agreement, signed by Allen Beardsley and the City of Larsen Bay, granting the City the right of entry onto and use of portions of U. S. Survey 361 for the construction installation, operation and maintenance of the project power plant and transmission line. The files also include correspondence between the City and Kodiak Salmon Packers Inc. referencing the need to name them as the Lessor instead of issuing it in the name of Allen Beardsley. No additional documentation was found indicating that another lease was executed. However, it appears that Mr. Beardsley was the President of the corporation and as such his signature on the February 22, 1990 lease agreement would appear to be sufficient. The term of this lease is for 50 years (through 2/22/2040). Because none of the proposed diversion works would impinge on the lands covered under this lease it would not appear as if revision to this lease agreement will be required. ATTACHMENT 1 e@eoo >D eso SUB-SURFACE WATER RIGHTS 27|26|25) |54)35|36| ars wR tas, ita97 Te ao \ \ | een 0 Be ex 12 \ A ) AM OOK = I as aie — | f \ a ) uy | 18 \ 13 | KODIAKI ISLAND feria tees erage 7 7 ISLAND 29 | 28 | es | \ | | \ | \ \ a 32 ) 33 oh sta VERSION: Aryinfo 80.2,(Twe Feb 22 08:01:14 PST 2000) 1620.030a08 SEE REMARKS COLUMN ATTENTION STATUS PLAT USERS: ON THIS PLAT, ALL STATUS LINES CLOSE FOR ACTIONS THAT EXTEND INTO ADJACENT TOWNSHIPS; ‘THIS INCLUDES STATUS LINES SUCH AS DISPOSAL, MUNICIPAL, TITLE, CLASSIFICATION, ETC. PLEASE REFER TO ADJACENT TOWNSHIPS OR LAS TO DETERMINE IF ACTIONS EXTEND BEYOND THE BOUNDARIES SHOWN ON THIS PLAT. REMEMBER TITLE, CLASSIFICATION, AND RESTRICTION LINES ALWAYS CLOSE ON ALL PLATS. USGS KARLUK (B1), (C1) AND KODIAK (B6), (C6) REVISED BY BLM FROM AERIAL HIGH ALTITUDE PHOTOGRAPHY OTHER ACTIONS AFFECTING DISPOSAL OR USE OF STATE LANDS; SEE THE LAS CASEFILE OR ORIGINAL SOURCE DOCUMENTS FOR ‘ADDITIONAL INFORMATION: ‘AS. 1620.030A09, THE STATE GAME REFUGE INCLUDES THOSE. ‘LAND AREAS WITHIN THE KODIAK NATIONAL WILDLIFE REFUGE AS IT EXISTED IN 1960 1978-1985 HLL SP | PLAT CURRENT TO 6728/2004, REFER TO THE DNR TWF 31S STATUS PLAT TRACKING SYSTEM (NP4S/NP62) FOR RNG 29W OTHER PENDING ACTIONS ON THIS TOWNSHIP/PLAT sM ATTACHMENT 2 e 43 U.S.C. § 1621 (ANCSA § 22) -- Miscellaneous provisions (a) Contract restrictions; percentage fee; enforcement; liens, executions, or judgments (b) Patents for homesteads, headquarters sites, trade and manufacturing sites, or small tract sites; use and occupancy protection (c) Mining claims; possessory rights, protection (d) Purchase restrictions for personnel inapplicable to chapter (e) National Wildlife Refuge System; replacement lands (f) Land exchanges (g) National Wildlife Refuge System lands subject of patents; Federal reservation of first refusal rights; provision in patents for continuing application of laws and regulations governing Refuge (h) Withdrawals of public lands; termination date (i) Administration of withdrawn lands; contracting and other authority of Secretaries not impaired by withdrawal (j) Interim conveyances and underselections (k) National forest land patents; conditions (1) Land selection limitation; proximity to home rule or first class city and Ketchikan (1) Licenses Held by Alaska Native Regional Corporations (g) National Wildlife Refuge System lands subject of patents; Federal reservation of first refusal rights; provision in patents for continuing application of laws and regulations governing Refuge. If a patent is issued to any Village Corporation for land in the National Wildlife Refuge System, the patent shall reserve to the United States the right of first refusal if the land is ever sold by the Village Corporation. Notwithstanding any other provision of this chapter, every patent issued by the Secretary pursuant to this chapter which covers lands lying within the boundaries of a National Wildlife Refuge on December 18, 1971, shall contain a provision that such lands remain subject to the laws and regulations governing use and development of such Refuge. ATTACHMENT 3 ues agreed upon stipulations and mitigation measures. 3. a 6.0 7. 9the gfe EXHIBIT C LARSEM BAY. SMALL HYDROELECTRIC PROJECT COOPERATIVE AGREEMENT Lea STIPULATIONS AND MITIGATION weasunzs te’. Two locked gates, one placed on the entrance road near the powerhouse and having chain. link fence. ‘leads, ‘the other located at a strategic’ . location higher:up:on the: slope, willbe constructed to prevent"... motorized ‘vehicles from using the penstock trails A third gate will be. required if. an‘additional’ road.or trail‘is constructed to’access the... The specific’ location of the gates will’ be ‘determined iy following The gates will be locked at all tines except to allow authorized aa vehicle acc for. inspection and maintenance of the facilities.” _ PRE No. camps will = placed on the construction site. All construction personnel, ill be (required | to, eave, the construction zone at the ‘end of .. There will be no ) on-site refuse disposal (including burying of trash). 5 All: refuse willbe transported off site for proper ae at the’. “B y, sanitary landfill.’ If eaciat transmission lines are used they will be equipped with raptor proof. ‘poles: to reduce electrocution hazards to wildlife.” oe A “3 All Seaiieaila precautions will be observed by the City of Larsen Bay. to prevent undue soil erosion, side~casting of overburden into riparian © zones, as: well.as to prevent damage to, or undue disturbance of riparian vegetation (except’for the unavoidable site disturbance in the immediate Ff - vicinity of: the dam site). Because of the split surface/subsurface estate ownership, the use of sand and’gravel construction materials for the project will be the subject of.a separate permit, between Larsen may, and the Service, for a borrow site to be mutually agreed upon. Upon cospletion of construction, all borrow sites, with the exception of the penstock bench, will be smoothed, reseeded with native grasses and left in a condition designed to minimize future erosion. RRSP OE INR INTO OP na om —unenanamanammtnnRe Ran: Joint: ‘inspection by. the ‘Service and Larsen Bay authorities.’ .. : ATTACHMENT 4 a », LAS Mapper Land Records/Status Plats Recorder's Search State Cabins Natural Resources Alaska DNR Case Detail File Type: jtsH File Number: 404 See Township, Range, Section and Acreage? ®@ Yes C No New Search | LAS Menu | Case Summary | Case Abstract | Land Abstract File: LSH 404 As of 04/28/2005 Customer: 000124431 DNR DMLW REALTY SERVICES SELECTION LANDS 550 W 7TH AVE ANCHORAGE AK 99501 Case Type: 115 LIMITED STATE HOLDING DNR Unit: 100 TITLE ADMINISTRATION File Location: LVMLTS LWMLAND TITLE SECT Case Status: 15 UNVERIFIED Status Date: 10/07/1996 Total Acres: 10121.000 Date Initiated: 10/07/1996 Office of Primary Responsibility: LTT LAND-TITLE Last Transaction Date: 12/16/2004 Case Subtype: EVOS _LSH/EVOS Last Transaction: LNDCHNG LAND WITHIN SECTION (S) CHANGED Meridian: S Township: 030S Range: 029W __ Section: 05 Total Acres: 39 Search Plats 39 LIMITED RIGHT Meridian: S_ Township: 0308S Range: 029W _ Section: 06 Total Acres: 524 524 LIMITED RIGHT Meridian: S_ Township: 0308 Range: 029W __ Section: 07 Total Acres: 234 234 LIMITED RIGHT Meridian: S_ Township: 030S Range: 029W __ Section: 18 Total Acres: 309 309 LIMITED RIGHT Meridian: S_ Township: 0308 Range: 029W _ Section: 19 Total Acres: 308 308 LIMITED RIGHT Meridian: S Township: 0308 Range: 030W _ Section: 01 Total Acres: 590 Search Plats 590 LIMITED RIGHT Meridian: S_ Township: 030S Range: 030W Section: 12 Total Acres: 508 508 LIMITED RIGHT Meridian: S_ Township: 030S_ Range: 030W Section: 13 Total Acres: 635 635 LIMITED RIGHT Meridian: S_ Township: 030S_ Range: 030W Section: 24 Total Acres: 640 640 LIMITED RIGHT Meridian: S_ Township: 0318 Range: 028W _ Section: 09 Total Acres: 120 Search Plats 120 LIMITED RIGHT Meridian: S_ Township: 031S Range: 028W__ Section: 14 Total Acres: 640 640 LIMITED RIGHT Meridian: S_ Township: 031S Range: 028W__ Section: 15 Total Acres: 600 600 LIMITED RIGHT Meridian: S Township: 031S Range: 028W__ Section: 16 Total Acres: 640 640 LIMITED RIGHT Meridian: S Township: 031S Range: 028W _ Section: 22 Total Acres: 640 640 LIMITED RIGHT Meridian: S_ Township: 031S Range: 028W__ Section: 23 Total Acres: 555 555 LIMITED RIGHT Meridian: S_ Township: 031S Range: 028W _ Section: 24 Total Acres: 640 640 LIMITED RIGHT Meridian: S Township: 031S Range: 029W _ Section: 05 Total Acres: 635 Search Plats 635 LIMITED RIGHT Meridian: S Township: 0318 Range: 029W Section: 06 Total Acres: 617 617 LIMITED RIGHT Meridian: S Township: 031S Range: 029W_ Section: 07 Total Acres: 618 618 LIMITED RIGHT Meridian: S Township: 031S Range: 029W Section: 08 Total Acres: 629 629 LIMITED RIGHT Case Actions Transaction: AGMTRCD AGREEMENT RECEIVED Transaction Date: 11-13-1995 Time: 144452 SubSystem ID: CAS Input Date: 04-23-2004 User: NRSCCSC Terminal: X3BN AGREEMENT FOR THE SALE & PURCHASE OF LANDS & INTERESTS IN LANDS BETWEEN KONIAG INC & THE USA Transaction: DR DOCUMENT RECORDED Transaction Date: 12-13-1995 Time: 92304 SubSystem ID: CAS Input Date: 08-04-2003 User: NRSCCSC Terminal: X3WV TYPE OF DOCUMENT AGMT BOOK NUMBER 140 1ST PAGE NUMBER 323 DOCUMENT NUMBER 1995-2743 RECORDING DISTRICT R303 KODIAK AGREEMENT FOR THE SALE & PURCHASE OF LANDS & INTERESTS IN LANDS BETWEEN KONIAG INC & THE UNITED STATES OF AMERICA Transaction: COMMENTS COMMENTS Transaction Date: 08-22-1996 Time: 144409 SubSystem ID: CAS Input Date: 04-23-2004 User: NRSCCSC _ Terminal: X3BN LEVEL I PREACQUISITION CONTAMINANT SURVEY EXTENSION KONIAG INC-TRACT 81. ORIGINAL SURVEY COMPLETED 08-17-1994.EXTENDED UNTIL 01-31-1997. Transaction: INITIATE INITIATE CASE Transaction Date: 10-07-1996 Time: 85052 SubSystem ID: CAS Input Date: 08-04-2003 STATUS DATE LOCATION FROM LOCATION TO CASE STATUS OFFICE PRI RESP LAND STATUS SPECIAL CODE CUSTOMER NUMBER UNIT CODE RELATIONSHIP CODE Annan 030S 029W 06 Acres: 030S 029W 05 Acres: 030S 029W 07 Acres: 030S 029W 18 Acres: S 030S 029W 19 Acres: 524 039 234 309 308 User: NRSCCSC 10-07-1996 LWMLTS LWMLTS 15 LTI CE EVOS 000124431 100 10 Terminal: X3WV LWM LAND TITLE SECT LWM LAND TITLE SECT UNVERIFIED LAND-TITLE CONSERVATION EASEMNT LSH/EVOS DNR DMLW REALTY SERV TITLE ADMINISTRATION OWNER Transaction: ADDLAND ADD LAND SECTIONS TO CASE Transaction Date: 10-07-1996 Input Date: 08-04-2003 THIS LAND IS LAND STATUS S 030S 030W 01 Acres: 12 Acres: 13 Acres: S 0308S 030W 24 Acres: S 0308S 030W S 030S 030W 590 508 635 640 Time: 85217 User: NRSCCSC Y CE SubSystem ID: CAS Terminal: X3WV PART OF ORIGINAL CAS CONSERVATION EASEMNT Transaction: ADDLAND ADD LAND SECTIONS TO CASE Transaction Date: 10-07-1996 Input Date: 08-04-2003 THIS LAND IS LAND STATUS ARKH AHA AN 031S 028W 09 Acres: 031S 028W 16 Acres: 031S 028W 15 Acres: 0318S 028W 14 Acres: 031S 028W 22 Acres: 031S 028W 23 Acres: S 031S 028W 24 Acres: 120 640 600 640 640 555 640 Time: 85362 User: NRSCCSC Y CE SubSystem ID: CAS Terminal: X3WV PART OF ORIGINAL CAS CONSERVATION EASEMNT Transaction: ADDLAND ADD LAND SECTIONS TO CASE Transaction Date: 10-07-1996 Time: 85455 SubSystem ID: CAS Input Date: 08-04-2003 User: NRSCCSC Terminal: X3WV THIS LAND IS Ne PART OF ORIGINAL CAS LAND STATUS CE CONSERVATION EASEMNT S 031S 029W 06 Acres: 617 S 031S 029W 05 Acres: 635 S 0318S 029W 07 Acres: 618 S 031S 029W 08 Acres: 629 Transaction: INTEREST INTEREST RECEIVED Transaction Date: 10-07-1996 Time: 85841 SubSystem ID: CAS Input Date: 08-04-2003 User: NRSCCSC Terminal: X3WV TYPE OF DOCUMENT CE CONSERVATION EASEMNT # OF ACRES CONVEYED 10121 CONSERVATION EASEMENT ACCEPTED 10-07-1996 BETWEEN KONIAG INC & THE STATE OF ALASKA. RESTRICTIVE COVENANTS SHALL RUN WITH THE LAND Transaction: RSTRCT RESTRICTED Transaction Date: 10-07-1996 Time: 90238 SubSystem ID: CAS Input Date: 08-04-2003 User: NRSCCSC Terminal: X3WV RSTRCT CODE: CE CONSERVATION EASEMNT GRANTEE SHALL BE ENTITLED TO ENFORCE ON A NON-EXCLUSIVE BASIS THE TERMS OF THE RESTRICTIVE COVENANTS AGAINST THE GRANTOR Transaction: EASEMNT EASEMENT RECEIVED Transaction Date: 10-07-1996 Time: 90332 SubSystem ID: CAS Input Date: 08-04-2003 User: NRSCCSC Terminal: X3WV CONSERVATION EASEMENT GRANTOR PROVIDES THE GRANTEE AN INDEPENDENT RIGHT IN PERPETUITY TO ENFORCE THE RESTRICTIVE COVENANTS. Transaction: DR DOCUMENT RECORDED Transaction Date: 10-08-1996 Time: 90151 SubSystem ID: CAS Input Date: 08-04-2003 User: NRSCCSC Terminal: X3WV TYPE OF DOCUMENT CE BOOK NUMBER 146 1ST PAGE NUMBER 225 DOCUMENT NUMBER 1996-2499 RECORDING DISTRICT R303 KODIAK REAL PROPERTY SUBJECT TO THIS CONSERVATION EASEMENT LIES WITHIN THE BOUNDARIES OF THE KODIAK NATIONAL WILDLIFE REFUGE Transaction: COMMENTS COMMENTS Transaction Date: 08-04-2003 Time: 144601 SubSystem ID: CAS Input Date: 04-23-2004 User: NRSCCSC Terminal: X3BN NO MANAGEMENT RIGHTS WERE ISSUED AS OF 07-21-2003. EVOS FUNDS WERE AVAILABLE FOR ACQUISITION ONLY. REFER QUESTIONS TO SCRO Transaction: SPUR STATUS PLAT UPDATE REQUESTED Transaction Date: 04-23-2004 Time: 144941 Input Date: 04-23-2004 ATTACHMENTS SENT (Y,N): Y User: NRSCCSC SubSystem ID: CAS Terminal: X3BN YES ADD LSH 40431S 28W SM-SEC 9 E2SE4 & E2W2SE4, SECS 14-16, SECS 22-24; 30S 29W SM-SEC 5 FRACTIONAL EXCLUDING USS 2586, SEC 6, SEC 7 W2 Transaction: SPU STATUS PLAT UPDATED Transaction Date: 08-27-2004 Time: 100445 Input Date: 08-27-2004 User: BATCH REQUESTED TRANSACTION: SPU ACTION TAKEN: Cc Transaction: SPU STATUS PLAT UPDATED Transaction Date: 08-27-2004 Time: 100447 Input Date: 08-27-2004 User: BATCH REQUESTED TRANSACTION: SPU ACTION TAKEN: Cc Transaction: SPU STATUS PLAT UPDATED Transaction Date: 08-27-2004 Time: 100454 Input Date: 08-27-2004 User: BATCH REQUESTED TRANSACTION: SPU ACTION TAKEN: ¢ Transaction: SPU STATUS PLAT UPDATED Transaction Date: 08-27-2004 Time: 100455 Input Date: 08-27-2004 User: BATCH REQUESTED TRANSACTION: SPU ACTION TAKEN: Cc Legal Description * SubSystem ID: CAS Terminal: BATC STATUS PLAT UPDATED COMPLETED SubSystem ID: CAS Terminal: BATC STATUS PLAT UPDATED COMPLETED SubSystem ID: CAS Terminal: BATC STATUS PLAT UPDATED COMPLETED SubSystem ID: CAS Terminal: BATC STATUS PLAT UPDATED COMPLETED 10/7/1996 CONSERVATION EASEMENT RECEIVED BY THE STATE OF ALASKA SEWARD MERIDIAN, ALASKA TOWNSHIP 31 SOUTH, RANGE 28 WEST, SEC 9 E1/2SE1/4, E1/2W1/2SE1/4; SECS. 14 THROUGH 16; SECS. 22 THROUGH 24; CONTAINING APPROXIMATELY 3,835 ACRES TOWNSHIP 30 SOUTH, RANGE 29 WEST, SEC. 5 (FRACTIONAL), EXCLUDING U.S. SURVEY 2586 SEC. 6; SEC. 7, W1/2, EXCLUDING U.S. SURVEY 9410 SEC. 18, W1/2; SEC. 19, WI/2. CONTAINING APPROXIMATELY 1,414 ACRES. TOWNSHIP 31 SOUTH, RANGE 29 WEST, SECS. 5 THROUGH 8, EXCLUDING TRACT "A" AS SHOWN ON RECORD OF SURVEY NUMBER 96-9 RECORDED IN THE KODIAK RECORDING DISTRICT ON MARCH 7, 1996 CONTAINING APPROXIMATELY 2,499 ACRES. TOWNSHIP 30 SOUTH, RANGE 30 WEST, SEC. 1, E1/2, El/2NW1/4, SW1/4NW1/4, El/2NW1/4NWI1/4, SW 1/4; SEC. 12, EXCLUDING U.S. SURVEY 9410, AND ALSO EXCLUDING THE S1/2SE1/4NE1/4SE1/4 AND NE1/4SE1/4SE1/4, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT BEING LATITUDE 57 DEGREES 35 MINUTES 12.76449 SECONDS NORTH, LONGITUDE 154 DEGREES 0 MINUTES 45.50753 SECONDS WEST, SAID POINT BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL AND THE TRUE POINT OF BEGINNING; HENCE NORTH 691.68 FEET ALONG THE BOUNDARY COMMON WITH THE U.S. SURVEY 9410 TO A POINT; THENCE CONTINUING NORTH 139.26 FEET TO A POINT BEING THE NORTHEASTERLY CORNER OF THE SAID PARCEL; THENCE WEST 660 FEET TO A POINT BEING THE NORTHWESTERLY CORNER OF SAID PARCEL; THENCE SOUTH 605.63 FEET TO A POINT BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE NORTH SHORE OF A LAKE LOCALLY KNOWN AS SALMON LAKE AS FOLLOWS; THENCE N. 86 DEGREES 16 MINUTES E., 27.92 FEET TO A POINT; THENCE S. 84 DEGREES 42 MINUTES E., 68.63 FEET TO A POINT; THENCE S. 77 DEGREES 54 MINUTES E., 84.35 FEET TO A POINT; THENCE S. 68 DEGREES 40 MINUTES E., 82.32 FEET TO A POINT; THENCE S. 58 DEGREES 33 MINUTES E., 106.29 FEET TO A POINT; THENCE S. 55 DEGREES 52 MINUTES E., 133.54 FEET TO A POINT; THENCE S. 70 DEGREES 18 MINUTES E., 140.29 FEET TO A POINT; THENCE N. 86 DEGREES 29 MINUTES E., 71.52 FEET TO A POINT, SAID POINT BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL AND THE TRUE POINT OF BEGINNING; SEC. 13; SEC. 14. CONTAINING APPROXIMATELY 2,373 ACRES. AGGREGATING APPROXIMATELY 10,121 ACRES. SUBJECT, HOWEVER, TO EASEMENTS, RIGHTS AND RESERVATIONS OF THE UNITED STATES, AND THIRD PARTIES IF ANY, OF RECORD: THE GRANTEE SHALL BE ENTITLED TO ENFORCE ON A NON-EXCLUSIVE BASIS THE TERMS OF THE FOLLOWING RESTRICTIVE COVENANTS AGAINST THE GRANTOR, HIS SUCCESSORS OR ASSIGNS: A, THE FOLLOWING LISTED ACTIVITIES ARE PROHIBITED ON THE PROTECTED PROPERTY EXCEPT AS DETERMINED BY THE US FISH & WILDLIFE SERVICE OR ITS SUCCESSORS IN ADMINISTRATIVE FUNCTION TO BE NECESSARY FOR CONSERVATION RESEARCH OR MANAGEMENT OF THE SUBJECT LANDS, FACILITATION OF APPROPRIATE PUBLIC USE OF THE PROTECTED PROPERTY, CONVEYANCE OF INFORMATION TO THE PUBLIC TO PROTECT PUBLIC SAFETY OR NATURAL RESOURCES, OR FURTHERANCE OF THE RESTORATION OBJECTIVES OF THE TRUSTEE COUNCIL, AND ONLY IF THE ACTIVITY DOES NOT HAVE A SIGNIFICANT NEGATIVE IMPACT ON THE RESTORATION OBJECTIVES OF THE TRUSTEE COUNCIL; (1) THE CONSTRUCTION OF PLACING OF BUILDINGS, FIXED OR IMPROVED CAMPING ACCOMODATIONS OR MOBILE HOMES, FENCES, BILLBOARDS OR SIGNS; (I) THE CHANGING OF THE TOPOGRAPHY OF THE PROTECTED PROPERTY IN ANY MANNER; (III) THE REMOVAL, DESTRUCTION, OR CUTTING OF TREES OR PLANTS EXCEPT FOR LOCAL SUBSISTENCE USES; (IV) THE USE OF BIOCIDES EXCEPT AS NECESSARY TO CONTROL OR REMOVE NON-INDIGENOUS FISH, WILDLIFE OR PLANTS AND; (V) THE MANIPULATION OR ALTERATION OF NATURAL WATER COURSES, SHORES, MARSHES OR OTHER WATER BODIES OR ACTIVITIES OR USES DETRIMENTAL TO WATER PURITY ON THE PROTECTED PROPERTY B. THE FOLLOWING LISTED ACTIVITIES BY ANY PERSON ARE PROHIBITED: (1) THE INTRODUCTION OF NON-INDIGENOUS FISH, WILDLIFE, OR PLANTS INCLUDING, BUT NOT LIMITED TO, THE GRAZING OF DOMESTIC ANIMALS OR THE INTRODUCTION OF REINDEER; AND (I) THE DUMPING OF TRASH, GARBAGE, OR OTHER UNSIGHTLY OR OFFENSIVE MATERIAL. FO A Ae ae ae ae ae ae ACCEPTED PURSUANT TO AS 38.05.035(A)12 OCTOBER 7, 1996 BY MARTY K RUTHERFORD DEPUTY COMMISSIONER ALASKA DEPARTMENT OF NATURAL RESOURCES End of Case Detail Back | Last updated on 04/28/2005. Not sure who to contact? Have a question about DNR? Visit the Public Information Center. Report technical problems with this page to the Webmaster. Site optimized for Netscape 7, IE 6 or above. This site also requires that all COOKIES must be accepted. State of Alaska Natural Resources LAS Home Copyright Privacy System Status