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Larsen Bay Permits Records 1982-1992 prepared 2005
LARSEN BAY HYDRO PROJECT PERMITS RECORD 1982 - 1992 Prepared by: Meridian Management, Inc. April, 2005 2 3/24/1987 ed Letter Expressing Support for Project Letter transmitting review comments Finding that Larsen Bay Project does not require licensing Informing APA of City’s support for project City of Larsen Bay Provides ADF&G comments on project to APA Decision would be re-visited if lands revert to Federal ownership Included reference to city council action urging Public Health Service to transfer funds to APA for project use Cites importance of Humpy Creek for anadromous fish, expresses concern for soil erosion isssues and advises APA that USFWS will have primary review role under provisions of ANSCA, Section 221g). Letter of Permission Grants permision to develop project, subject to APA obtaining all nescessary Borough, State and Federal permits. Koniag, Inc. |eddress environmental issues. Cites possible concern over landowner liability if project is only partially completed and cites USFWS retained rights under 22 (g) as mechanism to 3 4/22/1987 4 4/30/1987 5 5/29/1987 7 6/17/1987 8 6/24/1987 7/1/1987 9/16/1987 12 10/14/1987 13 1 11/6/1987 11/6/1987 Letter of advice Letter advising of USFWS 6/2/1987 | responsibility for review of the project Letter of advice Letter of advice and providing review comments Letter from Division of Parks and Recreation advising that there are no apparent conflicts with cultural resources. Advises APA that USFWS Anchorage Office of Enhancement has responsibility for review and comment on the project Letter advising City of Larsen will be required. Letter advising city advising that project is on lands subject, Bay that water rights permit |from state land and if a dock is} Also advises that a material sale would be required only if sand or gravel is to be taken included in the developemt a tidelands lease would be necessary. Expressed concerns for effect on access to bear use areas, other impacts to bears due to refuse problems or conflicts Letter of advice Letter requesting USACOE finding that Nationwide Permit sufficient for project ee ee a ee ene ee ae ee ae ee ea Letter advising that Nationwide} 1 nO Se 7 Permits required for project Letter advising need to conduct an EA Water Right Coastal Zone Questionnaire Submitted under Section 404 likely will be required for project Letter to USACOE requesting rely off ereen Bay use of Nationwide Permit USFWS to ANSCA Section 22 (g) and with construction personnel providing comments on mm for raptor " proposed project: electrocution and concern for longevity of project. Letter advising APA that USACOE Department of Army Permit na na na na Advises thatNationwide permit required for work on penstock pipeline and for placement of culverts for temporary access road. USACOE Letter from USFWS advising that even though no Section 404 permit is required an EA is| still required. USFWS Application for right to 15 cfs City of Larsen Bay from Humpy Creek DGC 4 | 15 12/8/1987 16 Request for Exception from Borough Zoning Regulations ! 1/8/1988 | Permit to appropriate water —— granted Requests exception from City of Larsen Bay} Borough zoning regulations per Chapter 17.65 Grant rights to 15 cfs, West Fork Humpy Creek, Upper Humpy Creek, ADNR completion of EA, advises that Provides choices for USFWS will be required to do a compatibility determination before issuing a permit. Annual reporting of use required, Expired 11/12/92 na 18 17 | 1/12/1989 Certificate of Reasonable Assurance Certifies that activity is in compliance with requirements of Section 401 of Clean Water Act. 1/12/1989 — Consistency Declaration | Issued DGC Represents a consensus between aplicant and the reviewing agencies. Stipulations for control of Will require drainage and protection of City} another water supply application. Stipulations are all incorporated from ADF&G Fish} Will need to Habutat Permit, ADEC submit new Fish Habitat Permit FG-88-11- Allows construction activities Certificate of Reasonable | questionnaire. Assurance etc. Stipulations require fish passage for east fork Issued for diversion, downstream flow }| Construction 21 [a |” | 19 | 1113/1989 0629 Issued ADF&G in stream. during reservoir filling, device tnt: to prevent fish entrance in application | diversion pipe : | Stipulations for locked gates, 2 se Revised to reflect design control of refuse disposal, 20 | 1/13/1989 ae USFWS change to earthen dam. File | raptor protection on t-lines, copy not signed by Larsen Bay| protection of riparian habitat, | removal and placement of fill. 1/19/1989 Correction to Consistency pec Declaration Issued Diversion to be from east fork Humpy Creek, not west fork Permit for placement of fill in Stipulations prohibiting camp 91-7 Kodiak Salmon Packers Draft U. S. Army Corps of a epee : Will require 3/23/1989 | Engineers Permit 4-870537 for| | USACOE at Conse ucion S82, CONTORNG | ° cricther Signature by Applicant upper Humpy Creek refuse disposal at site, application AUP: | requiring a dam break analysis) PP . Stipulations prohibiting camp Will require 23 4/21/1989 U. S. Army Corps of Engineers USACOE Permit for placement of fill in | at construction site, controlling a ae = Permit 4-870537 Issued upper Humpy Creek refuse disposal at site, @opication | requiring a dam break analysis, PP . — ‘Stipulations for locked gates to} Cooperative Agreement Establishes procedures for eee Seen neg cg 24 7/26/1989 | between Koniag, Inc., City of USFWS use of land as subject to disposal, raptor protection ont Larsen Bay and USFWS Section 22 (g) of ANCSA. lines, use of soil erosion control measures. Stipulates annual rent of $100/year, requires - Allows use of leased lands for maintenance of liability Expires 25 8/12/1989 eaten Inc. Komen rarson construction and operation of | insurance by City, along with | December 31, y y the project. other stipulations related to 2039 good land management ractices. | Lease Agreement between ener a 26 2/22/1990 | Alan Bessey iene City of Larsen Bay Lease of U. S. Survey 361 replacement of Alan Beardsley’ In effect | y with Kodiak Salmon Packers | Stipulations require fish passage for east fork aes ae 27 5/22/1991 Renewal of Fish Habitat ADF&G Allows construction activities | diversion, downstream flow eriod ont Permit FG-88-I!-0629 in stream. during reservoir filling device ea requ a to prevent fish entrance in a ae tion diversion pipe PP : Tl . Authorizing Mayor to enter into 28 4118/1992 | City of Larsen Bay Resolution City power sales agreement with UNITED STATES OF AMERICA TEDIRAL INERCY RECULATORY COMMISSION a Power Authority ) Docket No. ZL$2-10-000 ORDZR RULING ON DECLARATION OF INTENTION AND FINDING LICENSING MOT ALQUIRED ( Issued Avgwet 4, 198) ) On March 21, 1992, the Alaska Power Authority filed a Decla- ration of Intent to construct four hydroelectric projects and raised the quaation of whether licensing 1s required for the projects under Part 1 of the Federal Power Act (Act). 1/ PPOITCT DESCRIPTIONS The proposed projects vould be located at Old Harbor, Laraen Bay. Ring Cove, and Togiak, Alaska. On October 14, 1992, the Applicant requested withdra of consideration of the Togiak project becausa it had been determined to be unfeasi- ble to develop. The Old Harbor project would consist of: (1) 2 S-foot High diversion weir; (2) a penstock; (3) a powerhouse with estimated generating capacity of 340 kW, located on an unnaned tributary of Midvay Creek. Larsen Bay would consist of: (1) a S-foot high diversion weir) (2) a penstock; and (3) 3 powerhouse with an estimated generating capacity of 270 kW, located on Mumpy Creek. The King Cove project would be located on Delta Creek and would consist of: (1) a S$-foct high diversion velr; (2) a penstock; and i) : Powerhouse with an aatimated generating capacity of ye Generated power at the Old Harbor alte would be used solely by the Village of Old Harbor, at tha Larsan Bay ait» by the Village of Larsen Bay, and at the Xing Cove aite supplied to the Village of Xing Cove, any excess at this project may be sold to a cannery which operates within tha city limits. According to the declaration, the proposed projects are located on lands that are allocated for selaction by ative Corporations Favant to the Alaska Native Claims Settlement Act of 1971 (Ancsa) 2/. xKotice of {tiling wae published) PO comments or patitfons to intervena were received. T/ Avthority to act on this matter is delegated to the Director, Office of Flectric Power Xegulation, under €375.309 of the Cometaston’s regulations, 18 C.7.2%. ©3735. 308. Y/ 4d V.S.C. F260) at. weg. (1976). oc-a-9 JURISDICTION Section 2)(b) of the Federal Power Act, 16 U.S.C. $217 (1976), requires that waterpover projects be licensed if they located on navigable waters of the United States, occupy any part of the public nés or © rvations of the United States, use surplus water or waterpower from Tedera) Government dam, or, if constructed after August 26, 1935, are located on any fart of a non-navigable water subject to Congress’ jurisdiction under the Commerce Clause and affect the in sts of interstate or foreign comrerce, Staff research has not found evidence of navicational usane of the Delta, liumpy, nor Midway Cr ka. The projects sould not use surplus water or water power from a Federal Covernmant dam. No power generated by the projects would be trans- ported across state lines or be fed into an Interatate power aystem. Thus any requirement for licensing must he based on occupancy of public lands or reservations of the United States, The projects would be located on lands that had been owned by tha United States prior to the passage of the Alaska Native Claims Settlement Act (ANSCA). According to land atatus mapa, th lands appear to be the subject of interia conveyances to respective Native Corporations. A Deceaber 1920 amandmant to the Alaska Native Claims Fettlerent Act provides that an interim conveyance of lands to a Rative Corporation shall have the force and ef t of conveying the same right, title, and interest in lands as would have been the case if the recipient had been issued a patent by tha United States. 3/ In light of this legislation, it is found that the proposed projects are located on former United Stat lands which have becn included in the interim conveyance to the three Wativa Corporations, Conaaquently, Section 23(b) of the Federal Power Act does not require licensing of the proposed projects. If the lands revert back to rede ownarship, or evidence of jurisdiction is found in the future, fection 23(h) would require licensing. Under Section 4(q) 4/ of the Act, tha project owner could be required to apply for license. D/ Public Law 96-497, 94 Stat. I9d6. 4/ 16 U.S.C. 997 Cg) (1976). IWd —— ogee ne RC It is ordered thati Alaska Power Authority's petition for an order declaring that its proposed projects at Old Harbor, Larsen Bay, and King Cove are not required by subsection 23(b) of the Tederal Power Act to be licensed {3 granted on the basis of the information currently available. This order {ts without Prejudice to any future determination, vpon new or addi- tional evidence, that licensing is required. oi) ; (; oR Cue e lel on Nits Wes R. Andarson— 1 Director, Office of Electric Power Regulation “ Meee pec eres ce g LALMOR EE EL OOD LES ELLE CITY OF LARSEN BAY Pos Orece Bor B Lasse Bar Aasen 99624 MARCH 24, 1987 ALASKA POWER AUTHORITY 394 W 5TH AVE 2ND FLOOR ANCHORAGE, ALASKA 99501 DEAR SIR: THE LARSEN BAY CITY COUNCTL DURING THEIR REGULARLY SCHEDULED MEETING ONMARCH 11, 1987, VOTED UNANIMOUSLY TO URGE THE ALASKA POWER AUTHORITY TO CONSTRUCT A MINI-HYDRO FACILITY IN LARSEN BAY, THE LARSEN BAY CITY COUNCIL ALSO APPROVED A RESOLUTION TO URGE PUBLIC HEALTH SERVICE TO TRANSFER FUNDS HELD FOR THE LARSEN BAY GRAVITY FEED WATER SYSTEM TO THE ALASKA POWER AUTHORITY TO BE USED FOR THE GRAVITY FEED WATER SYSTEM THAT IS INCORPORATED INTO THE LARSEN BAY MINI-HYDRO PROJECT. SINCERELY, Cd 1, be CAE be CHRISTENSEN ———___ MAYOR ATTACHMENTS 1 . t Coote AE a cs : GAN Gie Bo: -~ DEPARTMENT OF FISHANDGAME / / 300 PASPBERRY ROAD / ANCHORAGE, ALASKA 995 18-1509 t PHOME: (907) H40641 April 22, 1987 0487-IV-0071 Mr. David Denig-Chakroff Acting Director Rural Technical Support Alaska Power Authority P.O. Box 190869 Anchorage, AK 99519-0869 Dear Dave: The Department of Fish and Game (ADF&G) has reviewed the Larsen Bay Hydropower Feasibility Study prepared by Polarconsult Alaska, Inc. This proposal calls for the construction of two dams in the Humpy Creek drainage. One dam on the west fork of Humpy Creek will serve as the water storage reservoir and penstock water source and the second dam will divert east fork Humpy Creek waters into the west fork drainage above the reservoir. Humpy Creek has been specified as important for spawning, rearing, or migration of anadromous fishes. Pink and chum salmon are known to spawn as far upstream as the Kodiak Island Seafood, Inc. (KISI) cannery dam. Although not specifically stated, the feasibility report implies that the stream below the two dams will be dewatered during low flow periods. Because the powerhouse tail race discharge is to be located upstream of the KISI cannery dam, which presently is the upstream limit of salmon spawning, this may not be a hazard to anadromous fish. Potential problems associated with reintroduction of water to the streambed (e.g., flow alteration, loss of intergravel flow, sedimentation, etc.) at this location should be addressed when more detailed site specific data are available. An as yet unquantified population of resident fish above the KISI dam will likely be adversely affected by dewatering events below the power dams. For this reason we will need more detailed information on resident fish populations and flows including the timing and duration of releases from the dam in order to properly evaluate impacts to resident fish. From a soil erosion standpoint the newly proposed west side penstock route appears preferable to the 1982 proposal which aligned the pipeline on steep slopes close to Mumpy Creek, / STEVE COWPER, GOVERNOR Mr. David Denig-Chakroff 7 April 22, 1987 If proper measures are taken to control erosion (e.g., stabilizing and seeding of disturbed areas to encourage rapid revegetation), the west side route should result in less sedimentation to the stream. The current study does not address roads or trails that will need to be constructed to gain access to the two dam sites. Road construction activity will likely disturb as much if not more habitat than the pipeline and should be discussed in detail. As mentioned in the 1982 Dowl Engineers study of a hydroelectric project at Larsen Bay, a major potential impact from such construction would occur if the route to the diversion dams allows vehicle access above the alder zone. The use of all terrain vehicles (e.g., three and four wheelers) and snow machines is popular in Larsen Bay. Once above the alder zone, vehicles could probably access the entire length of the ridge between Karluk Lake and Uyak Bay. This area is good deer habitat and an important denning area for brown bear. Wildlife biologists feel that the increased use of all terrain vehicles on this ridge could create serious disturbances to wildlife. We recommend that only access alternatives that do not result in permanent road improvements above the alder zone be considered for this project. This project appears to be located on 22(g) lands. Under Section 22(g) of ANCSA, requirements were enacted to ensure that the Native corporations' use and enjoyment of their lands would not defeat the purposes for which the wildlife refuges in Alaska were established. One of the requirements of Section 22(g) is that refuge lands conveyed to the village corporations remain subject to the laws and regulations governing use and development of the refuge. Thus, although the Native. village corporation lands are privately owned and no longer part of the refuge, the U.S. Fish and Wildlife Service (USFWS) retains residual controls on the use and development: of ‘the lands conveyed to village corporations under ANCSA. To address the 22(g) issue, the USFWS should be contacted and requested to comment on this revised hydroelectric project proposal. Finally, we noted a discrepancy between information provided in text with data provided in sheet 1 of the dam site plan. If the data on sheet 1 is correct, then line 9 on page 3 should be changed to read; Drainage Area, west fork. Likewise line 26 on page 20 should read; Diversion: A diversion of water can be made from the east... (underlined words are corrections). We appreciate the Sppe rand ey to comment on this draft report and look forward to working with you as more detailed Geeigne of the project are prepared, rt would be aching - - 2" 3 Bo: Be Mey, 2 Rr RAEN er am Mr. David Denig-Chakroff =3- April 22, 1987 advantageous for one of my staff to visit the site with one of your representatives to sample the stream above the existing cannery dam and to gather resident fish data. Please contact me or Wayne Dolezal (267-2333) if such a site visit is feasible. Sincerely, Lan¢ asky Regi 1 Supervisor Region Iv Habitat Division Mr. Jerry Larson, Project Manager Alaska Power Authority P.O. Box 190869 701 E. Tudor Anchorage, AK 99519-0869 RE: Larsen Bay - Humpy Creek Hydroelectric Project Dear Mr. Larson: We have received your letter of April 28, 1987 along with the accompanying feasibility study, the blueprints, and the two letters of comments from the ADFG and the Indian Health Service. We have reviewed this material and although we certainly do not profess to be experts in hydro projects, conclude that it is a project that should have significant benefits for Larsen Bay shareholders with minimal impact in the environmental,fish and wildlife areas, if properly done. Accordingly, Koniag, Inc. supports the project and hereby grants its permission as landowner of record, to the City of Larsen Bay and the APA to pursue and construct the project subject to any ‘and all Borough, State and Federal regulations and permits as required. This support and permission is not without its concerns, however, mainly centering about the landowner's liability in the event of a partially completed project which ran substantially over budget and without funds to finish it. As to the fish, wildlife and environmental concerns, we are confident that these will be more than adequately addressed by the U.S. Fish & Wildlife Service under its 22(g) retained rights. Preliminary indications are that their main concern will be the same one as that raised in the ADFG letter - the possible opening up of a winter or summer ORV access to bear denning areas, etc. by virtue of any trail(s) constructed to access the main and diversion dams. Mr. Merrick's aerial reconnaissance and pictures taken on 4/24/87, would seem to indicate that there are substantial areas of alder brush above the dams to discourage ORV access. However, that fact alone cannot be relied upon to preclude a determined ORV devotee from finding or autting a trial around or through the alder patches above the dam site, once given trail access to that dam site. We feel that when you are fully cognizant of the 22(g) issue, you will rmalize that {it makes little practical difference whether the project's four sections of lant are on the block to be trated, or ceeryte Rseergy Mneictieny © SR Birmen Gente ony 8 mine mane Maem MEE 8 MMe Oe Zt 8 Sunepecempees oe 8a Mr. Jerry Larson April 30, 1987 Page 2 whether they are retained in Native ownership , since USFWS must pass final judgement on the project either way. this letter is a copy of the draft version of the Accompanying Kodiak National Wildlife Refuge CCP/EIS. Although the plan is currently on an indefinite hold, minly over the 22(g) issue, apparently it is still, nonetheless, the guide for FWS actions on the Kodiak National Wildlife Refuge. We particularly direct to your attention the section on 22(g) management pp 156 to 167, and Figure 26 on page 97. We do feel that the project is a good one ard will assist in the advancement of it to the best of our ability. If you have any questions, please do not hesitate to contact John Merrick or myself. Sincerely, Vice President & CEO Enclosure: Draft Kodiak NWR Plan cc: Larsen Bay Tribal Council i ae % = / p Qe nl SyATic ty ? 42s BS ay Yin \ 1a STEVE COWPER GOVERNOR DEPARTMENT OF NATURAL RESOURCES 2601 C STREET ANCHORAGE ALASKA 9950) PHONE (907) 561-2020 DIVISION OF PARKS AMD OUTDOOR RECREATION MAIUNG AOORESS PO BOX 107001 ANCHORAGE ALASKA 99510-7001 PECEIVED BY LASHED a BP AN -1) AL 23 May 29, 1987 Re: 3130-2R APA Donald L. Shira Director/Program Development Alaska Power Authority P.O. Box 190869 Anchorage, Alaska 99519-0869 Dear Mr. Shira: We have reviewed the Humpy Creek hydroelectric project feasibility study for the Larsen Bay area for conflicts with cultural resources. From the infor- mation in the study and from our inventory files, there do not appear to be any conflicts between the project and cultural resources. This is based on the expectation that the power lines will be buried at the edge of the exist- ing road. Sincerely, Neil C. Johannsen Judith E. Bittner State Historic Preservation Officer DRitlj IM REPLY REFER TO: United States Department of the Interior FISH AND WILDLIFE SERVICE Yodiak Mational Wildlife Pefuge 1390 Buskin River Road Kodiak, Alaska 99615 June 2, 1987 RECEIVED BY, NUASKSID ie ca anea! Jerry Larson, Project Manager/Rural Energy Alaska Power Authority -4 mi :30 P.O. Box 190869 ‘BI JN 701 East Tudor Road Anchorage, AK 99519-0869 Dear Jerry: Our Anchorage office of Fish and Wildlife Enhancement has primary responsibility for developmental projects on refuge lands, and they will be providing comments on the proposed Larsen Bay Hydroelectric project to you in the near future. We have relayed our field observations to them, but we wanted to return your photos directly. (Mg Jay R. Bellinger Refuge Manager KB/JB:bb Enclosure 7 PPR eee ree | STATE OF ALASWA [mcm DEPARTMENT OF NATURAL RESOURCES scot ¢ STREET BOX 107005, DIVISION OF LAND AND WATER MANAGEMENT ANCHORAGE. ALASKA 995 10-7005 SOUTHCENTRAL REGION POCEE (90) 2 2020) June 17, 1987 Charles Christensen, Mayor utter City of Larsen Bay P.O. Box 8 Larsen Bay, AK 99624 97 JUN 22 PIZ2:49 Re: Proposed Hydroelectric Project on Humpy Creek near Larsen Bay Dear Mayor Christensen: Don Shira, Director of Program Development for the Alaska Power Authority, asked us to respond to you with information regarding permits that would be required for construction of the Larsen Bay Hydroelectric Project. I have reviewed the project feasibility study and have the following comments for you regarding permits for this project. The State of Alaska has a system for reviewing all resource-related permits, leases and approvals in the coastal zone of Alaska, which is coordinated by the Division of Governmental Coordination. This system does not cover federal review, so federal agencies should also be contacted. In reviewing the project feasibility study, from the Department of Natural Resources perspective, the only known permit that would be required is a permit to appropriate water. If the project were to need sand or gravel from state land a material sale would be required. Although the feasibility study does not mention a new dock facility, if ene is determined to be needed, a tideland lease would be required, as all tidelands in the State of Alaska belong to the State. Enclosed for your information are copies of the Coastal Project Questionnaire, Water Right Application, Material Application and Tideland Lease Application. Please contact Keith Harding at the above address or at 762-2274 if we can be of further assistance during the preliminary stages of this project. Sincerely, ret J. Hayes oA By: Meith G. 3 fled Natural Resource Officer CrelLoavers | ¢¢ Dew Shira. De AE ser seen, ui mined Seaces Degactsnent of the terertne Pe SOT MT Se Et Ketek Metis MW fe Meh GEML Pret Ga WC creep Mrreed [Ss tents al, Bheaihe ME; 4 Isr i1AW B CM, abe pees ‘a Oi Ks vs t Bune 26, poet a b 7 had he Ou treme’ oe Lo Chertee Cha tetera. Marre IG aD Le City ef Lerner Dery Ad be au F.8, Row @ Lenore Bey, Aimee YEE fear Chariens After revleving Ue propomed Larne ter Pyrteoelect¢ls Project, Ue T.8. Flan and WiLelife Service ,1rorides the flollowlug comments ancl eoneerne cogardtlag thie proposal. Tie project lies on lande conveyed to fonlag, inc. aud are madject to section 2219) of the Alaska Matire Claime Settlement Act of 1971. Because these lande are rubject to the laws and regulations governing use and Gevelopment of the refuge, an Envilrommental Assessment amd compatibility atatement will be required before the project can be inaltiated. We are concerned about the access to the high country abovre Larrzen Bay that would be provided from the penatock and dam construction trails. The proposed project is located adjacent to the Karluk Lake drainage, where the highest densities of brown bears in the world have been documented. Construction trails could provide almost unlimited access to a large portion of this area. Trails would also tend to funnel brown bears into Larsen Bay. Both of these scenarios would lead to increased bear/human conflicts which would be detrimental to the livelihood of bears and potentially dangerous to humans. We are also concerned about direct mortalities to bears resulting from these confrontations. Construction personnel and village residents may tend to dispatch nuisance bears which would result in a decrease in the local bear population. The above situations would be exacerbated if proper refuse disposal is not provided. Bears are attracted to garbage and hence immediate removal of trash is paramount particularly if construction is to commence in the late fall when natural foods for bears is scarce. Another concern we have is potential raptor electrocution from transmission towers and lines. There are 7 active and 14 inactive bald eagle nest sites within five miles of Larsen Bay and these resident eagles as well as transient birds could succumb if raptor safeguards are not provided. June 24, 1987 Charles Christensen, Mayor Page To Although not directly related to wildlife, we are also concerned about the engineering soundness and expected longevity of the proposed project. The 1982 proposal deleted the current upper Humpy Creek proposal due to the unstable cliff face and excessively long penstock. The use of lightweight materials (including a wooden dam) is laudable but will they result in more maintenance and a shorter-lived project? We also wonder if the environmental impact from a larger construction project, such as the earlier 1982 proposal, would not result in lesser environmental degredation than the current proposal. Such an alternative could result in more localized impacts, lower maintenance costs and longer project longevity. The Environmental Assessment will evaluate the trade-offs and impacts of a wide range of alternatives so that a preferred alternative can be selected. If you have any questions regarding these comments, please contact Refuge wildlife biologist/pilot Kurt Becker. KB/JB:bb 7 cc: Brian Anderson, ANC FWE DhG A ~ DEPARTMENT OF THE ARMY UL ASALY EMOTE ER OCSTRICT. ALASKA 2D. 8OX a8 AMOMOPAGE, ALASKA PUCK OFTE crrewries e°- 1 JUL 537 Regulatory Branch (11456) Permit Processing Section Honorable Charles Christensen Mayor of Larsen Bay Post Office Box 8 Larsen Bay, Alaska 99624 Dear Mayor Christensen: This letter is in response to a letter dated May 22, 1987, from the Alaska Power Authority (APA) requesting comments and information regarding permits for a hydroelectric project on Humpy Creek near Larsen Bay. Based upon a preliminary review and evalutation of the materials provided by the APA, we believe that a Department of the Army permit authorizing work under Section 404 of the Clean Water Act will be required for several portions of your proposed project. However, a conclusive determination can not be made at this time, because the design of many facets of your project, were not provided in sufficient detail. We believe a meeting involving the city of Larsen Bay, the APA, and the Corps of Engineers tcorps) would be most beneficial to discuss the proposed design features and siting of your project. We also request that aerial photos of the project area be furnished to the Corps to assist us during our evaluation. In the event that a Corps permit is required, a minimum of 60 days would be needed once the Corps has received a completed application to process your application. The processing time could lengthen to 90 days or more if delays occur during the public interest review of your project. We look forward to a meeting with you to discuss your project and any permitting requirements that are under Corps jurisdiction. I am forwarding a copy of this correspondence to Mr. Donald L. Shira, APA, Post Office Box 190869, Anchorage, Alaska 99519-0869. To arrange a meeting with the Corps, please contact Mr. Timothy R. Jennings at (907) 753-2712 or at the address above. Sincerely, Gre pron Heer Foe: Jeffrey KY Towner ‘“nftef, Northern Unit Permit Processing Section Regulatory 8ranch ML a fa September 16, 1987 Mr. John C, Leeds III Branch of Regulatory Functions Department of the Army U.S. Army Engineer Ofstrict, Alaska P.O. Box 898 Anchorage, Alaska 99506-0898 Subject: Larsen Bay Small Hydroelectric Project Dear Mr. Leeds: The City of Larsen Bay proposes to construct a 420 KW hydroelectric project on Humpy Creek to reduce the community's dependence on di power. .Based on your discussions on or about August 10, 1987, w Mr. Jerry Larson of the Alaska Power Authority, we believe that all construction, operation and maintenance of the project can be accom plished under the auspices of the Corps of Engineers Nationwide Permit- ting program and that an individual Section 404 permit is not required. The following is a description of the project features related to the specific activities allowed by Nationwide Permit. wd Main Dam The dam for this project would be located in the Upper Humpy Creek drainage approximately 14 miles south of the City of Larsen Bay. The height of the dam would be 9$ feet, and the length approximately B80 feet. The dam would be constructed of pressure-treated wood. The dam face would be supported along its axis by wooden bents tied into the rock stream bed with rock bolts and an insignificant amount of dental concrete. Similarly, the ends of the dam will be tied into rock stream banks which form the right and left abutments. Since no dredged or fill material will be placed in the stream, we belfeve that no permit is required for this feature. > Diversion Dam It 1s proposed that an additional small diversion structure would be constructed on the west fork of Humpy Creek. This structure would be of similar construction as the main dam, but would be considerably smaller. It {is anticipated that no fil] or dredged material would be deposited in the stream and therefore, no permit {s required for this feature. T rary Access Road A temporary access road will be constructed to the main dam site. The 9977/0025/1 a ~ access road 1s expected to be 8-10 feet wide and will be constructed with a J0450-typr dozer or equivalent. Cuts and fills will be kept to the minimum necessary to provide access. It 13 anticipated that nine (9) culverts will be placed in active and ephemeral streams to ensure integrity of drainage channels where {ntersectad, first by the road, and then the penstock. A schedule of culverts 1s enclosed. The only anticipated fills in wetlands will be those necessary to install the culverts. Temporary road construction will commence at the existing road system adjacent to the old Larsen Bay cannery dam. The area traversed by the road (as well as the penstock) is fairly steep, well drained uplands vegetated by alder, grasses and, at the lower ele- vations, spruce and cottomrood species. Exposed graywacke bedrock {1s encountered in several) areas. We believe this activity {s currently permitted under 33 CFR 330.5(a)(14). Access to west fork of Humpy Creek will be overland with no fills or culverts anticipated. Penstock/Pipeline aby A 5,900-foot long penstock would convey water from the main dam to the powerhouse. It js anticipated that the pipe used for this feature will be a PYC/Fiberglass/Epoxy encapulated type. Inside diameter of the pipe is expected to full within the 12-18 inch range, depending on final design. Pipe will be placed within the alignment of the temporary access road used to reach the main dam site. Pipe {s expected to be placed within the road itself. See the enclosed typical section depict- ing this feature. We believe this activity is currently permitted under 33 CRF 330.5(a)(12). Diversion Pipeline The diversion pipeline from the west fork of Humpy Creek would be constructed of butt-welded joints of polyethylene pipe whose inside diameter would be around 10 inches. This pipe would be placed above ground without soil covering. The length of this diversion will be approximately 3/4 mile and will cross terrain similar to the upper section of the penstock. We believe this activity {s currently permit- ted under 33 CRF 330.5(a)(12). Powerhouse The powerhouse will be erected adjacent to the existing Larsen Bay cannery dam. The area selected for the powerhouse {is a well drained upland site which may be an old (1940s) disposal site from construction of the existing dam. Final grading of the site may result in the proposed powerhouse being founded on bedrock. Mo material from site grading will be placed in wetlands or water courses. We believe this feature requires no permit. 9977 /D025/2 Tailrace The powerhouse will discharge into the impounded waters of the existing dam yia a taf{lrace which will be excavated into rock. Excavation from this feature will be spoiled in upland areas adjacent to the powerhouse, or may be used as concrete aggregate along with other powerhouse site excavation. Since there {fs no deposition of dradged or f111 materials {nto waters of the United States, we believe this feature does not require a permit. Erosion Control All disturbed areas along the road/penstock alignment will be seeded to prevent erosion. Where necessary, check ditches or water bars will be constructed to l{mit erosive flows along slopes. For your information, we have enclosed drawings depicting the general layout of the project, other typical drawings and a coastal consistency questionnaire. If you have any questions or comments, please do pot hesitate to contact us. - Sincerely, Charles Christensen my Mayor of Larsen Bay y Enclosures as stated TJA:CC: tg cc: Jerry Larson, Alaska Power Authority w/enclosures 9977/0025/3 Station 6+70 8+60 18+70 20+15 22+80 29+90 32+10 46+30 9977/0025/4 A LARSEN BAY HYDROELECTRIC PROJECT Culvert Locations and Dimensions Culvert Size - Inches Remarks 12 - 18 Could use LW Crossing 12 - 18 Could use LW Crossing 18 18 18 18 18 12 12 PE PERT ctor s.- ORIGINAL GROUND Q—renstocx } cTl A- i ORIGINAL GROUND ie SECTION B-B8 (lire ORIGINAL GROUND CO Penstock CULVERT STREAM —— ECTION C-C l” GC lig A i 8B passa) ete tty ppalacy focees pada PENSTOCK ‘1 Bt peLerat/a sf sseeU ALORA ULL LEE UES) CULVERT, E : B ACCESS ROAD/PENSTOCK TYPICAL SECTION 1 of | * o DEPARTMENT OF THE ARMY US. ARMY ENGINEER DISTRICT, ALASKA PO. BOX 896 ANCHORAGE, ALASKA 99506-0696 14 OCT 1987 Regulatory Branch Permit Processing Section D-870537 City of Larsen Bay ATTN: Mr. Charles Christensen Post Office Box 8 Larsen Bay, Alaska 99624 Dear Mr. Christensen: This is in response to your letter dated September 16, 1987, cae concerning the proposed construction of a 420 KW hydroelectric project *On Humpy Creek in Larsen Bay, Alaska. The placement of wooden structures or polyethylene pipe in wetlands or minor U.S. waterways does not fall within the jurisdiction of Section 404 of the Clean Water Act and does not require a Department of the Army (DA) permit. ms After careful consideration of your proposed project as described in your letter, I have determined that a DA permit is required for only the following portions of the project: a. Discharge of fill associated with the proposed penstock pipeline. b. Placement of up to nine culverts in conjunction with construction of a temporary access road. A DA Nationwide permit (NWP) has been issued pursuant to 33 CFR 330.5(a)(12), which authorizes discharges of material for backfill or bedding for utility lines including outfall or intake structures provided there is no change in preconstruction bottom contours (excess material must be removed to an upland disposal area). A DA NWP has also been issued pursuant to 33 CFR 330.5(a)(14), which authorizes minor road crossing fills, including all attendant features both temporary and permanent that are part of a single and complete project for crossing of non-tidal waterways, provided that the crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand expected high flows. 4 AEBS Free, NE ae 7 Your prop sed penstock pipeline may be constructed under the authority of NWP 12, and your proposed temporary access road with culverts may be constructed under the authority of NWP 14 provided these features conform to the conditions and management practices listed on the enclosed sheet. Our verification is valid for a period of two years from the date of this letter. Further verification on the applicability of these NWPs may be required after this date, in order to keep current with changing regulations and conditions. In addition to the NWP conditions we have also enclosed a list of regional conditions which have been established for various NWPs in Alaska. Please note that regional conditions F and H apply to NWP 14; regional conditions D and E apply to NWP 12. I am forwarding a copy of this letter to Mr. Thomas J. Arminski, Alaska Power Authority, P. 0. Box 190869, Anchorage, Alaska 99519. eG If you have additional questions, please contact John Leeds, III at the address above or at (907) 753-2712. Sincerely, Jeffrey K. Towner Chief, Northern Unit Permit Processing Section Regulatory Branch Enclosure —~ oN Conditions and Management Practices for Nationwide Permits Regional Conditions REGIONAL CONDITION A: Fills for access roads, pads, airstrips, field camps and other major support facilities are not authorized by this nationwide permit (NWP) under the definition of “seismic exploratory operations”. Survey activities are subject to surface management regulations of the Department of Natural Resources and/or the Minerals Management Service and those mitigating measures pertaining to State and Federal oil and gas lease sales. WP « REGIONAL CONDITION 8: Placement of causeways, gravel islands, pipelines and other support structures in State waters, or in waters of judicially disputed ownership, are not euthorized under this nationwide permit. CMwP ©) he REGIONAL CONDITION C: Placement of structures or materials related to the construction of new small boat harbors are not authorized uncer this nationwide permit. (**'P 9) s REGIONAL CONOITION 0D: Revegetation of backfilled materiel or alternative stabilization techniques ere required to minimtze erosion. Erosion control activities are limited by nationwise permits 230.5(2)(13), (18) and (18). (we? 12) REGIONAL CONDITION £&: Timinc, siting, roed access, c2sign and Construction methods for utility lines are subject to authorizations of Federal and State agencies witn Resuiatory responsioility for such projects. @~F i) REGIONAL CONDITION F: A minor rsac crossing fill is furtner cefined as involving a total cischaroe of ess ‘nan 200 cudic yares of F111 material below the plene cf orcinary nign water and into adjacent: wetlands. (Wwe i) REGIONAL CONDITION G: Tnis naticnwide permit applies proviaed that the Federal agency or cedarzment has received concurrence from the Aieska Departmen: of Environmental Conservation and the Aleska Civision of Governmental Coordination that tne sony On «Ne _projec- of soesit 1c activity propesed will nave no tnaen minor effects on water qualicy. In the absence of Stete concurrence, ine Federal agency or department will need an individual permit under standarc permit processing procedures. GHP 7x or -- SB REGIONAL CONDITION R: Work in a designated andromous fish streans 15 subject to authorization from tne Alasca Deparzment of Fisn and Gare. (Tris REGIONZL CONDITION 15 ‘ 30 Nes 3, 13, 18, 18, 19, 21, 22, 23 and 25.) Nationwide Concizions (1) Tnat any discharge of dred Proximity of e pudlic water sup (2) That any discharge of dredged or fill areas of concentrated shellfisn production directly related to a shellfish harvesting ged or fill ply intake; — material will not occur in material will not occur in unless the discharge is activity; tne (3) That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species; (4) That the activity shall not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water); ee (5) That any discharge of dredged or fill material will consist of Suitable material free from toxic pollutants in toxic amounts; (6) (7) That the activity will not occur in a component of the Natjonal Wild and Scenic River System; nor in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; (8) That the activity shall not cause an unacceptable interference with navigation; (9) That, if tne activity may adversely affect historic properties whicn the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places, the permittee will notify the District Engineer. If the permittee before or during prosecution of tne work authorized, encounters a historic property tnat has not been listed or determined eligiole for listing on the National Register, but whicn may be eligible for listing in tne National Register, he shall immediately notify the District Engineer; That any structure or fill authorizea shall be properly maintained; (10) That tne construction or operation of the activity will not imoair reserved tridal rignts, including, dut mot limited to, reserved water rignts and treaty fisning and nunting rignts; (13) That tn certain states, an individual state water quality Certification must de odtalnec or walved; (12) Tmer im Cectare states am tngretaval scate coastal sore nasazenest SPORES» COM OTOEME MIL TE BOLETRAC 37 walete 3 Twat tae ortietty of) compl, with capt rag! Cast t Is OIE Moy Seed FeNt ePiat Pe the Prergire i ener eg ‘ 6 ee shee ote . ’ ate see? ? +e Age ag sel eet oe ero» a rertetiwemern.s SRR lem = ~ ~ Management Practices (a) In addition to the (enclosed) Nationwide conditions, specified in 33 CFR 330.5, the following management practices shall be followed, to the maximum extent practicable, in order to minimize the adverse effects of these discharges on the aquatic environment. Failure to comply with these practices may be cause for the district engineer to recommend, or the division engineer to take, discretionary authority to regulate the activity on an individual or regional basis pursuant to 33 CFR 330.8. (1) Discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the use of other practical alternatives. (2) Discharges in spawning areas during spawning seasons shall be avoided. (3) Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of tne water (unless the primary purpose of the fill is to impound waters). oe (4) If tne discharge creates an impounoment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized. (5) Discharge in wetlands areas snall de avoided. a (6) Heavy equipment working in wetlanas shall be placed on mets. (7) Discharges into breeding areas for migratory waterfowl shall be avoided. (3) Atl temporary fills shall de reingved in their antiraty. LOS6S VXSVTV “SDVHOHONY * GVO" YOON 1SVa Stlz SINVLINSNOS ADYSNA * SLOALIHOUV SuS3NIDN3 3 ; 2| lz 3 rr ‘oul ‘eyseye yjNsSuodsejod Sy 2 bo) 5 : NY1d 3US YXSVIV ‘AVG N3SHYT OIYLOATSOUGAH AVG NASH z < = we e a 2 < a LARSEN BAY HYDROELECTRIC A LARSEN BAY, ALAS | se eee Sl stab aoe See eeglnce ATTACHMENT law) * LARSEM BAY HYDROELECTRIC PROJECT Culvert Locations and Dimensions Culvert Size - Station Inches Remarks oe 6+70 12 - 18 Could use LW Crossing 8+60 12 - 18 Could use LW Crossing 18+70 18 20+15 18 ; ze 22+80 18 29+90 18 32+10 18 46+30 12 48+7 12 99TT/007S/4 ORIGINAL GROLNO Qe renstocx SECTION A-A ORIGINAL GROUND 47 PENSTOCK SECTION B-8 ORIGINAL GROUND Cycrenstock CULVERT STREAM =r SECTION C-C r [ PENSTOCK CULVERT LARSEN BAY SMALL HYDROELECTRIC PROJECT ACCESS ROAD/PENSTOCK TYPICAL SECTION | of | L0S68 VXSVTV ‘ADVHOHONY * GYOH HOONL LSWa Selz Sas SINVLINSNOO ADUING * SLOSUHOUV *¢ SHASNIDNS 4 Br alls i a "oul ‘exseyje yNsuosivjod Sa: ESF : 4 : oo ole 2 3 HONSE ¥ SSNOHYSMOd YXSVTV ‘AVE NSSHYT DINLOATAOYGAH AVE N3ASHVI oo nl Vey as L : cea all ApS | Be en ree) now AQvty seC ron PP EUNE " BENCH SECTIONS SIOE HILL SECTION SITE PLAN - POWERHOUSE SCALE: 172 20° | oe en te noe ne ee =) > @ Tam nace oO PLAN VIEW - POWERHOUSE ey OCALA: 1° = hl AN RAT NR Beart wenerce IM REPLY REFER TO: ~ an United States Department of the Interior FISH AND WILDLIFE SERVICE Kodiak Mational Wildlife Refuge 1390 Buskin River Road Kodiak, Alaska 99615 (907) 487-2600 October 14, 1987 Charles Christensen, Mayor City of Larsen Bay P.O. Box 8 Larsen Bay, Alaska 99624 jy Dear Mayor Christensen: As you know, the U.S. Army Corps of Engineers recently ruled that a Section 404 permit will not be required for your proposed hydroelectric project. We had originally planned on dovetailing bur permitting and environmental document requirements into their umbrella E. A. (Environmental Assessment), but this will no longer be possible. Nonetheless, our solicitor has informed us that NEPA (National Environmental Policy Act) still applies to this project and hence an E.A. will have to be completed. There are three choices available to you for completing the E.A.: 1) You can prepare the document yourselves, 2) you can contract the work out to another agency (i.e. Alaska Power Authority) or a consulting firm or 3) you can elect to have the U.S. Fish and Wildlife Service complete the document. Should you desire to have us complete the E.A., you will be charged the administrative costs of preparing the document. In addition to the E.A., our office will also have to complete a compatibility determination before we can issue a permit allowing construction to commence. Naturally, the E.A. will have to be completed before the compatibility determination can be made. If you have any questions regarding the permitting or environmental documentation process, feel free to contact our agency representative, Kurt Becker, at the address or phone number above. Sincerely, = Kevin Ryan Acting Refuge Manager ¥B/ER: bb eb Ay ag November 6, 1987 Ms. Margaret J. Hayes District Manager Southcentral District, DLWM Department of Natural Resources State of Alaska P.O. Box 107005 Anchorage, Alaska 99510-7005 Subject: Larsen Bay Small Hydroelectric Project Water Rights Application Dear Ms. Hayes: The City of Larsen Bay hereby requests a water right for 15 CFS to be taken from Humpy Creek near Larsen Bay, Alaska, for the purpose of constructing and operating a 420 Kw hydroelectric project to reduce this community's dependence on diesel power. The dam for this project would be located in the upper Humpy Creek drainage approximateiy 14 miles south of the City of Larsen Bay, The height of the dam would be 9} feet, and the length approximately 80 feet. The dam would be constructed of pressure-treated wood. It 1s also proposed that an additional small diversion structure would be constructed on the west fork of Humpy Creek. This structure would be of similar construction as the matin dam, but would be cons{derably smaller. From the diversion structure, a diversion pipeline will be constructed from the west fork of Humpy Creek to upper Humpy Creek. It would be constructed of butt-welded joints of polyethylene pipe. This pipe would be placed above ground without soil covering. The length of this diversfon will be approximately 3/4 mile. This feature will divert West Fork water higher up in the basin where the benefit can be ob- tained. With the diversion in place, approximately 86 percent of the drainage basin above the existing cannery dam can be utilized for this project. The net effect on downstream users will be insignificant because all waters would be returned to the stream at the cannery dam, above the point of take for the next user. Furthermore, the project has very little storage capacity and will not affect the quantitative distribution of discharge. A temporary sccess road wil) be constructed to the main dam site. The accets roed {3 expected to be 8-10 feet wide. It ts anticipated that nine (9) culverts will be placed tn active and ephemera) streams to ensure tategrity of drafnege channels where (ntersected, first by the road, amd thee the peastect. 9977 AO Page 2° Access to west fork of Humpy Creek will be overland with no fills or culverts anticipated. A 5,900-foot long penstock would convey water from the main dam to the powerhouse. It 1s anticipated that the pipe used for this feature will be a PYC/Fiberglass/Epoxy encapulated type. Inside diameter of the pipe is expected to fall within the 12-18 inch range, depending on final design. Pipe will be placed within the alignment of the temporary access road used to reach the main dam site. Pipe {s expected to be placed within the road itself. The power use will be erected adjacent to the existing Larsen Bay cannery am. “The.area selected for the powerhouse 1s an upland site ch may be an old (1940s) disposal site from construction of the existing dam. Final grading of the site may result in the proposed powerhouse being founded on bedrock. The powerhouse will discharge into the impounded waters. of the existing dam via a tailrace which will be excavated Intovrock.. ~- Enclosed with this letter are an application for water rights, status plats, property ownership documents, a land use authorization, drawings depicting the general layout of the project and a coastal consistency questionnaire. ‘'f you have any questions or comments, please do not hesitate to contact us or Mr. Tom Arminski at the Alaska Power Author- {ty, (907) 561-7877, Sincerely, ir, Ci) 7 hha i Agg¢—— Mayor Enclosures as stated TJA:CC:tg cc: Jerry Larson, Alaska Power Authority w/enclosures wer? STAT pany ee ced EE eg So, ae ( aia u STATE OF ALASRA DEPARTANENT OF MATUBRAL REZOCRCZS DIVISTOM OF LAND ASO VATER MAWACOENT ?.0. 20% 107005 ANCHORACE. AK 99510-7005 OF CCE LSE ONLY #SS¢ or feteral cax ID ? (1)__92-0071561 (2) XOTE: Provision of your social security numder or federal cax ID numder {s voluntary. Ic is usez only cto prevenc duplicacion of records. APOLICATION FOR WATER RIGAT he area of use, € of an es og, if appli if you a not own th z well, (4) Sts of Benericial Use Of Watz: (Fera 10- 1003A) if this is an ex $) Agcticztion for Psmait to Construct or Modify Dam (Form 10-1015) if you wiil b sing adsm over 10 fez: hize or ove: 50 aczz fez: of storage. Please Gps or print in ink. a1. Fail legal name of Apoplicant(s) (1) City of Larsen Bay CY AS20906 t a g 3 ie 2. Mailing Address P.O. Box B Larsen Bay, AK 99624 Home Phone Business Phone (907) 847-2211 3. Sourcs of Water Sugoly: @) (Jwen lDeited (Hand Driven Ides | Othe: IC existing well, attach copy of dnifer's weil log. If existing weil, and no los, supply all known information Totsl death Drawdown Intske Depth Stzcesed: Ves No Unkaown Ststic level (i) Sertac: Water (isuen( Te. oer Cit: he (\s; CAF Cet greptzte nace Gf esse! bumpy: Cree’ ose asssig, sate) a3) cn C Water will $s taken from surizez wats? sourc: by: ea Pumping (Jcravity Flow System Diversion (AJtering a watzrcourss) - Attach sketch and plans giving dimensions and specifications. X] Damming - Attach sketch and plans giving dimzasions and spscificztioas. If dam is over 10 fest high or over 50 acrz fect storagz, MUST file Application for Psmmit to “Construct or Modify Dam (Form 10-1015). a Other Location of point of WITHDRAWAL. DIVERSION. or IMPOUNDMENT: MUST attach copy of map or subdivision plat and indicats location (2) Fractional part __ NE4 SE} Section 6 Township 31S _, Range _29W Seward Mesidian, (bo) If applicad!s, Lot, Block, Subdivision; U.S. Survey No. (c) Doss appiicznt own or lz2sz th: property at point of water withdrawal and over which wat traaspomed? Yes [_] No [X If "Yes," MUST atisch copay of ownesship document (ic. deed, patznt) If "No," MUST obdiain aa cassmeat or richt-of-way and supply copy. Give nam, mailings address and phone numbes:(s) of legal owner. See attached grant of use. Name Koniag, Inc. Mailing Adéres: 4300 B Street, Suite 407 Anchorage, AK Zip 99503 Home pheaz Business Phoas 907) 561-2668 i [fsams as question 4, check and go to qusstion 6. Locstion‘of point of US MUST atisca copy of map or subdivision plat and indicat: location. 2) Frictionst part NER SER ection 31 Township 305. Pins: 29W . Seward Mendizn, C2) OU apahradts, Lot Blork, Sebtirwion: US Surcy No 43) weet ata ha [g} Wa TYen” NAST 2 6aFe tT gee 8 4494 a ea (PPAISERO Pei ono - ; CoO on Page uw If "No," MUST obtzin an ezsemeat or right-of-way and sepzly cogy. Give name, mailing address snd phone numce:(s) of legal ownz:. See attached grant of use. Nims * Koniag, Inc. Mailing Addrtes 4300 B Street, Suite 407 Anchorage, AK | Zip _ 99503 Eom: phone Be el ||P Busine:s Phone _ (907) 561-2668 ~ Type of water use and Quantity of water nes Pleas: fiil in the attached Water Use Ghan or e2ch tyoe of water use. Standard quantities 2. If water use 1s tor a Commerscial/Industrisl purpose oque stion 7. Comme:cial/Industrisl and Other Uses: additional shee! of qaner if needed. I 2 sketch o: Wate: Use Chart. Dats when water use besaa or is expected to begin July 4; 1988 if water use is existing, fill out Sisiement of Beneficial Use of Water (Form 10-1005). HAVE YOU ATTACHED? OBOE Stste= Deed, pa Driller’s log (if existing well) USGS of Suoddivision mzp 4 : , X| Diversion sketch and plans Filing Fee 330.00) — 30,000) 9pd/ ar‘ less X} Dam sketch and plans $100.00 - more than 30,000 gpd Wate: Use Chart (page 4 of application) Statement of Beneficial Use of Water (Form 10-1005A) (if existing water use) eAts Ip Psirang hersin are to the best of my knowled ys true and coricc:, E> SICNED bh lu CL 637 (Apptiernt) DAT: Charles Christensen Mayor, City of Larsen Bay J Rees fosnee j ecaon ds TTlk an PTT € il ‘ . WATER USE CHART Office Use Type(s) OF Stancard Quantity Morins oie ae From ° : SIAUTES rQqut H SIC Us: Quaati Requested Winclosive) (1) Single Family Per Housznold (2) Fully plumbed $00 GPD GPDd (b) Partially plumbed 250 GPD GPO (c) Unplumbed “75 GPO GPD [ (©) Duplex - | PerDupkx 1000G?D -|. -- - — GPD eae] (3) Multi-Family. ..| Per Unit 250 CPD a CPD (4) Motel, Resort... |. Per Room 100 GPD GPD (5) Livestock Per risad | [ : Dairy Cows . 30GPD GPD i Hosing dairy 5am 35iGSD) |) = | GPD | i Range Cattle 15 GPD GRD) I i Horses 15 GPD | GPD i | Shee 2GPD GPD i | Goats and Hoss | 3.GPD | Ged | | | Poultry. Rabbits, etc. 1GPD ; GPD Livestock Total GPD (6) Irrigation (Types of Crop: Per Acre ) 0.5 AFY AFY G) Commercial/ Indzstrial 8) Other: | { | ie , Hydroelectric Generation 15 CFS 1 Digan? Dec 3t 1 7 i i | l ! | I 1 t i | ioe l i DEFINITIONS: H GPD - galloas per day AFY - acre feet per year CFS -.cudic feet per second (1) SINGLE FAMILY - Water use neczssz7y for a sinz!s houszheld and ihe i:tigztion of up to 10,000 sq. ft. of yard and garden. ( : ' (>) Fully plumbed - Water piped into the residzace for Jomesiis uses, Hot wave hester | and water Mush toilet inztuded. ‘ (>) Partially plumbed - Water piped into residvacs for limited dosiestis uses. Generally no hot wric: heater sad no wate; Mush lode et (c) Captumded - No water piped into the residence. Water wy hand for hanted domesr vse (2) OCPLEN- Woes wae eeeraeay lor tee sngts Now ssnoldy aad ie rng sea of wr to 10.COO sg It ef y> ped ose CPP attsy | NET Perse wacky > i P.O. BOX A OFFICE OF THE GOVERNOR 2. DOK AW ones PHONE: (B07) 468-2342 OFFICE OF MANAGEMENT AND BUDGET ae ea: DIVISION OF GOVERNMENTAL COORDINATION SOUTHEAST PEQIOMAL OF FICE SOUTHCENTRAL REGIOMAL OFFICE NORTHERN REQIOMAL OFFICE 421 OATH FRAHKUN 2000 DENAL STREET 673 SEVENTH AVENUE P.O. BOX AW, SUITE 101 ae ~ SATE 700 STATION H JUNEAU, ALASKA 99811-0165 ANCHORAGE, ALASKA 99503-2798 FAIRBANKS, ALASKA 99701-4898 ae - PHONE: (907) 274-1561 PHOME: (907) 456-3004 PHONE: (907) 405-2582 “Certification of Consistency with the ~ Alaska Coastal Management Program Section 307(c) (3) (A) of the Coastal Zone Management Act of 1972 as amended by 16 USC 1456(c) (3) requires that applicants for federal permits to conduct activities affecting land or water uses in Alaska's coastal area must provide certification that the activities will comply with the standards of the Alaska Coastal Management Program. . The proposed activity described in your federal parmit applica- tion may required certification. By filling out the attached coastal project questionnaire you, together with the state's resource agencies, will not only determine the necessity for this certification, but you will also find out if other state ap- provals are needed before your proposed activity can proceed. This will also assist you in filling out your federal permit application. Upon receipt of the signed, dated certification, a public notice can be issued and review of your project can begin. For additional information on the Alaska Coastal Management Program and project review procedures, contact one of the offices indicated on this letterhead. Please submit a signed certification and applicable state permit applications co the appropriate state agency indicated in the questionnaire. You must also submit a signed certification to the along with your federal permit application. CERTIFICATION STATEMENT I certify that, to the best of my knowledge and belief, the proposed activity described in the ONR Water Rights Application application complies with the approved Alaska eeaseal Management Program, and will be conducted in a manner consistent with such program. Attached is a copy of a completed coastal project questionnaire. //- 6-§7 ate Charles Christensen, Mayor Attachment py cart. blank/parmit 5/30/86 COASTAL PROJECT QUEST IOMMAIRE The State of Alaska has a system for Feviewing and processing all the resource-related permits, leases, and approvals which are required for proposed projects in coastal areas of Alaska. As a project applicant you are required to complete this questionnaire. The questionnaire will help you identify {f approvals are required for your project (or a specific phase of your project) from the Departments of Fish and Game, Matural Resources, and Environmental Conservation. © Attached {s a list of regional agency contacts and a map of the coastal area with the regions delineated. We urge you to contact the appropriate agency staff when you are answering that agency's questions. Once you have completed the questionnaire and attached the required applications you must submit this packet to the appropriate state agency in the region where the proposed project {s to occur. YOUR PROJECT CANNOT BE REVIEWED UNTIL ALL APPLICATIONS ARE RECEIVED. Please use the following tnstructfons for submittal. All packets must be submitted to the O{vision of Governmental Coordination, with the following exceptions: le If a fee is required, submit the entire packet to the state resource agency with the fee requirement. an If confidential information is contained, submit the entire packet to the state resource agency with that requirement. 3. If it is a placer mining activity, submit the Annual Placer Mining Application, instead of the questionnaire, to the Department of Natural Resources. 4. If you only need permits from one state resource agency and no federal agencies, submit the entire packet to the state resource agency requiring the permits. If one or more federal permits are required, submit the original federal permit application(s) to the federal agency and send a copy of those federal applications to the appropriate state agency along with your packet of other applications. If you have any questions concerning the process, please contact the Office of Managemen! and Budget, Division of Governmental Coordination. If you have general questions about local, State or federal permits, both in and outside the coastal area, ,ou may wish to contact the Department of Environmental Conservation Permit Information Centers in Fairbanks (452-2340), Anchorage (279-0254) or Juneau (465-2615). Collect calls are accepted. Un KGbHCl”DETeRaT ned fvay YOU DS RAED Oneor Putt A RPBROWALS. trey wit PeatR a re YOU WILL BE R ae BLE FOR opr tnN THAT APPROVAL LIKELY TO CAUSE _A DELAY IN THE REVIEW OF YOUR PROJECT, WVO1b THIs Oe AY, WE ENCOURKG GE YOU TO SEEK ASSISTANCE FROM AGENCY STAF Tk COMPLETING THE QUESTIOMMATRE cecal = = te aha ee ee ees ee @e ® PLEASE ANSWER ALL QUESTIONS. PLEASE INCLUDE MAPS OR PLAN ORAWINGS WITH TOUR PACKET. INCOMPLETE QUESTIONNAIRE MAY BE RETURNED AND WILL DELAT THE REVIEW OF TOUR PROJECT. s PARTA Applicant: City of Larsen Bay Address: P.0. Box B Larsen Bay, AK 99624 oS . Anchorage, AK _99519-0 Phone (day):” (907) 847-2211 Phone (day): __ (907) 561-7877 Contact Person: Thomas J. Arninski Address: P.0. Box 190869 Brief description of project or activity, including associated facilities 420 KW Small hydroelectric plant on Hymoy Creek near Larsen Bay, Alaska. Starting date for project_January 1988 Ending date for project_July 1988 ! ‘ Location of Project (include nearest community or identifiable land or water body):__ Larsen Bay,Alaska Meridian Township Range Section Aliquot Parts USGS Ma i See attached descr{ption and maps } Is the project on: private Tan x state land federal land_ ! municipal land ownership not known | Identify which region of the State the project is in (see attached map): northern southcentral X southeast PART 8 Yes 1. Do you currently have any State or federal approvals/permits for this project? If yes, please list below. Permit/Approval Type Permit/Approval # Expiration Date Cor f_En X 2. Mill you be placing structures, or placing fills in any of the x following: tidal waters, streams, lakes, watlands*? If you are uncertain whether your proposed project area {is in a wetland, contac Corps of Engineers, Regulatory Branch at (907) 753-2720 for a wetlands determin Tf you are owtside the Anchorage area cal) tol) free 1-800-478-2712, e a2 a “, . 7 \ b oe ; P i a Yes If yes, have you applied for or do you {mtand to apply for a U.S. _ i Arey Corps of Engimeers (COE) permit? (The COE has jurisdiction over activities described above.) Please Indicate In Question Bo. 3 below, when you applied to the COE or when you Intend to apply. 3. Have you applied or do you intend to.apply for other permits froa ——— Se any federal agency? If yes, l{ist below. = SS Oate you submitted ar. _ .. ency Permit/Approval Type plan to submit application USACOE Sec 404, Matloracl de Sept, 16, 1987 __ USFMS Refuge Permit Dec, 1987 * * & &© © © © © & & © © © & &@ © &@ & & & ! } | PART C DEPARTHENT OF NATURAL RESOURCES State lands for access? (Note: In addition to State owned uplands, the State has jurisdiction over most lands below the ordinary high water line of streams, rivers, lakes, and line of mean high tide of the tidelands seaward for three miles.) : 2. Is any portion of your project placed below the ordinary high water ! line of a stream, river, lake or other water body? 3. Will you be dredging? ~ If yes, location of dredging: Meridian (M) Township (T) Range (R} Section (Sec) Location of disposal site for dredged material: M T R Sec 4. Will you be filling with rock, sand or gravel? If yes, amount? Location of source: M T R Sec Location of area to be filled: M T R Sec 5. Do you plan to use any of the following state-owned resources? i Timber If yes, amount? Location of source: A T R Sec _1. Is the proposed project on State-owned land or will you need to cross _- 10. 1. 12. 13, 14, fF YOU CORRECTLY ANSWERED NO TO A'L THESE QUESTIONS, YOU DO NOT NEED APPROVAL Other Materials If yes, what mater{al? (peat, tullding stone, silt, overourcen, etc.) Location of source: - HK T & Sac Are you planning to use any water? If yes, amount? _—'15 cfs Source? Humpy Creek Will you be building or altering a dam? (Less than 10 ft. high) Oo you plan to dr{ll a geothermal well?- Will you be exploring for or extracting coal? Will you be exploring for or extracting minerals on state-owned land? Will you be exploring for or extracting of] and gas on state-owned land? Will you be harvesting timber from 10 or more acres? Will you be investigating or removing historic or archeological resources on State-owned lands? Will the project be located in a unit of the State Park System ({ncluding the Kenai River Special Management Area, State Recreation Areas, State Historic Sites, State Preserves, etc.)? FROM THE ALASKA DEPARTMENT OF NATURAL RESOURCES (ONR). GO TO PART D. IF YOU ANSWERED YES TO ANY OF THESE QUESTIONS, CONTACT ONR TO IDENTIFY AND OBTAIN ANY NECESSARY APPLICATION FORMS. If you have already contacted DNR, are you now submitting application(s) for permits or approvals? If yes, list ONR approvals for which you are now applying: Water rights Have you paid the filing fees required for the ONR permits? If you are not applying for permits, indicate the reason below: a. (ONR contact) told me on (date) that no DNR approvals or permits were required for this project. b. Other. erervrrhrnanntree en ear ea zrere hw eRrh te eerrke ee Tes He 1 “7 . \ ! N PART 0 GEPARTHERNT FISH AMO ver, or lake (this Includes ramming 1. MII you be working Im ga stream, rf ( f mt ar on {ca, Sats the active Tlocdplatm, om {slatds, the face of the banks, or the stream tideflats dowm to mean low tide)? If mo, go to question manber J. 2. If yes, will you be doing amy of the following: a) Bullding of a dam, river training structure or Instream {mpoundment? b) Using the water? c) Ofverting or altering the natural channel stream? d) Blocking or damming the stream (temporarily or permanently)? e) Changing the flow of the water or changing the bed? f) Pumping water out of the stream or lake? g) Introducing silt, gravel, rock, petroleum products, debris, chemicals, or wastes of any type {nto the water? h) Using the stream as a road (even when frozen), or crossing the stream with tracked or wheeled vehicles, log-dragging or excavation equipment (backhoes, bulldozers, etc.)? {) Altering or stabilizing the banks? j) Mining or digging in the beds or banks? k} Using explosives? 1) Building a bridge (including an ice bridge)? m) Installing a culvert or other drainage structure? n) Constructing a weir? Sat IS eyOur project located in a State Game Refuge, Critical Habitat Area, or State Game Sanctuary? 4. Does your project include the construction and operation of a salmon hatchery? 5. Ooes your project affect or is it related to a previously permitted salmon hatchery? IF YOU CORRECTLY ANSWERED KO TO ALL THESE QUESTIONS, YOU 00 NOT NEED A PERMIT FROM THE ALASKA DEPARTHENT OF FISti ANO GAME lors). GO TO PART £. IF YOU ANSWERED YES TO QUESTIONS 1-3, CONTACT THE REGIONAL HABITAT DIVISION OFFICE TO IDENTIFY AMO OBTAIM ANY NECESSARY APPLICATION FORMS. 31S) Tes Ko USUI —_—_—- x — x A UVC ULL | AUER ISLA ASL SO EE ex PIE aU UE ee Xx PRSUULESRLLELL Pe UI Le EX x — SU SU Mae BU eA oR el tet ee IRR nen + TF YOU ANSWEKED TES TO ee 4-5, COMTACT THE PRITATE Suraoe 11 HATCHERY OFFICE AT F.R.E.0. DIVISION MEACCUARTERS TO CBTAIN [MFORMAT ION ANO ANT WECESSART APPLICATION FORKS. If you have already comtacted DFS, are you row submitting an application for permit(s)? If yes, 14st OFG approvals for which you are now applying: If you are not applying for permits, Indicate the reason below: Xie af: Ma Dolezal (OFG contact) told me on 10/30/87 (date) that no OG approvals or permits were required for this project. b. Other. ee Dw 8 R 6S ww O 68 04 © S @ ee e668) £ 2 ee PART E OEPARTHEHT OF ENVIRONMENTAL COMSERYATION 1. Will a discharge of wastewater from industrial or commercial! operations occur? 2. Will your project generate air emissions from the following: a) Ofesel generators totaling more than 10,000 hp? b) Other fossil fuel-fired electric generator, furnace, or boiler totaling greater than 10,000 hp, or 9,000kw, or 100,000,000 btu/hr? c) Asphalt plant? d) Incinerator burning more than 1000 Ibs. per hour? e) Industrial process? . 3. Will a drinking water supply be developed that serves more than a single-family residence? 4. Will you be processing seafood? 5. Will food service be provided to the public or workers? 6. Will the project result in dredging or disposal of f{11 in wetlands or placemant of a structure in waterways? (Note: If you are applying to the Corps of Engineers for a permit for this activity, the Corps will automatically request certification from DEC.) - 7. Is on-lot sewage or greywater disposal involved or necessary? 8. Will your project result in the development of a currently unpermitted facility for the disposal of domestic or industrial solid waste? 9. Will your project requira offshore drilling or vessel transport of of], Or other petroleum products as cargo, or include onshore facilities with an effective storage capacity of greater than 10,000 barrels of Such produces? ergs Tes So . \ Yes Ro 10. WEI] your project require the application of ofl or pesticides to the I surface of the land? IF YOU CORRECTLY ANSWERED MO TO ALL THESE QUESTIONS, YOU 00 MOT HEED A PERMIT OR OTHER APPROVAL FROM THE ALASKA DEPARTMENT OF EXT T RONMENT AL COMSERYAT 10M (OD€C). GO TO PART F. IF YOU ANSWERED TES TO AMY OF THESE QUESTIONS (SEE CLARIFYING MOTE IM NO. 6, A80YE) COHTACT THE DEC REGIONAL OFFICE TO IDENTIFY ANO OBTAIN AMY MECESSARY APPLICATION FORMS. If you have already contacted the Alaska Department of Environmental X Conservation, are you now submitting an application for permit(s)? If yes, list the permits for which you are tow applying: If you are not applying for permits, indicate the reason below: a. (DEC contact) told me on (date) that no DEC approvals or permits were required for this project. b. Other. PART F aby jy om this information {s accurate and complete. ee (i 6-E7 Charles Christensen, Mayor Date TO COMPLETE YOUR PACKET, PLEASE ATTACH YOUR STATE PERMIT APPLICATIONS AND COPIES OF YOUR F APPLICATIONS TO THIS QUESTIONNAIRE.» PLEASE SUBMIT YOUR PACKET AS INDICATED ON PAGE ONE. cp questionnaire/PERMIT ib December 8, 1987 Kodiak Island Borough Community Development Departmant 710 Mill Bay Road Kodiak, Alaska 99615-6340 Attention: Mr. Bob Peterson Subject: Application for Exception from Section 17.18,020 Permitted Uses - Larsen Bay Small Hydroelectric Project Dear Mr. Peterson: The City of Larsen Bay hereby submits an lication for Exception as provided for in Chapter 17.65 of the Kodiak Island Borough Zoning Regulations. This Application for Exception relates to Permitted Uses specified in Section 17.18.020 for land designated as R-1 - Single Family Residential District, and {s made to allow for construction of the penstock, powerhouse, taitrace and buried transmission line for the proposed Larsen Bay Small Hydroelectric Project. Enclosed with this letter is the $50.00 application fee as required by your regulations and a drawing depicting the layout of the project. If you have any questions, please do not hesitate to contact us directly or Mr. Tom Arminski at the Alaska Power Authority, 907-561-7877. Sincerely, 7 re . , f 4 u Avy Cydries_christensen eu a Mayor, Larsen Bay ‘ Enclosure as stated cc: Jerry Larson, Alaska Power Authority 1063/803/1 PORE eases Kodiak Island Borough eSeeis CaP 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 » SIR inn 4 oO" RECEIVE ALASKA POWEE ption from "Section" 17.18.0204 Gremiits toy permit,” a. ‘penstock, "powerhouse;: sand ja Gadereround etenentedicn ‘line for the’ proposed Larsen Bay Small Hydroelectri Project” to locate in‘a°R1-—-Single-Family ‘Residential Zoning District within’. Portion ofthe East’ 1/2 East 1/2,) Section 31, Township’ 30 South, Range’ 2 peeee: ‘Seward Meridian in. Larsen Bay. Cotty ae Larsen Bay/Koniag,. Inc, /Alask January "20, 1988;° grantediyour request for the exception cited above and. adopte the following: teen of: fact in support - .of their aecietaase ’ That the use as proposed = the application, or: under” apetane tate condition +,0F es will not (A) endanger the public's haakehs safety or genera: re. eppeare that the _— use ‘vill not Feodanter the Rblic’s heaith, \ safety or general welfare. The project will provide an alternativ: source of electricity for the City of Larsen Bay, which isa benefit t sche coumenity’e. overall general welfare. y ie The “proposed eredeet ‘will be consistent ‘with the eeaaret porposes an ‘intent of Title 17. Exceptions sre provided facia in Borough Code t a perett lend uses which are not specifically peraitted by soning districi - gegulations. Water reservoirs end dans, water trenenfesion. lines en - electric distribution lines and substations are only identified a: sted uses itn the Watershed District and there sre pe aress sone: The ‘propos d ““Wses in’ the area because all: surrounding. land‘ is under thi : “ ownership and undeveloped The project location (up to two and one-half : dequate . separation ) from’ any ptt “written notice ‘of appeal with the secbont Clerk within ten days’ of ‘th > date of the: Commission's decision ~ grounds for. the appeal, » Therefore, the Commission’ and effective until ten cove cae the decisto: DL cS-T a T E OF ALASKA 61/08/1988 feed DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT ‘3601 C ST., PO BOX 107005 CERTIFIED MAIL # NCHORAGE, AK. 99510-7005 RETURN RECEIPT REQUESTED HONE: 907-762-2270 RECEIVES AY RE: WATER RIGHTS PERMIT *Sog ape 22 Alt 55 ENCLOSED IS YOUR PERMIT TO APPROPRIATE WATER. THIS PERMIT ALLOWS OU TO DEVELOP A WATER SOURCE AND WATER USE AS INDICATED; HOWEVER :IT IS NOT THE FINAL STEP IN ORTAINING YOUR WATER RIGHTS . . NCE YOU HAVE ESTABLISHED YOUR WATER USE. IT IS NECESSARY THAT YOU (NOTIFY OUR OFFICE IN ORDER TO OBTAIN A PERMANENT WATER RIGHTS S"CERTIFICATE OF APPROPRIATION". IF YOU DRILL A WELL, YOU WILL NEED TO SUBMIT A COPY OF THE DRILLERS LOG’FOR THE WELL. PLEASE BE ADVISED THAT OUR APFROVAL DOES NOT RELIEVE YOU OF THE RESPONSIBILITY OF SECURING OTHER PERMITS: STATE, FEDERAL, OR LOCAL. FOR INFORMATION CONTACT:ALASKA PERMIT INFORMATION CENTER : 3601 C ST., SUITE 1350 ANCHORAGE, AK. 99503 Pie ee ol ee PHONE: 907-563-6529 PLEASE READ OVER YOUR FERMBT:CAREFULLY AND: NOTE THE EXPIRATION -. DATE. IF YOU ALLOW YOUR PERMIT TO EXPIRE AND. FAIL TO NOTIFY US, YOUR CASE MAY BE SUBJECT TO TERMINATION WITHOUT FURTHER NOTICE. IF YOU HAVE ANY QUESTIONS ABOUT YOUR PERMIT OR WATER RIGHTS... IN ; GENERAL, PLEASE CONTACT US. Seer eee i | EN iroduertol SINCERELY, MARGARET J. HAYES | 0 rn i SOUTHCENTRAL REGIONAL MANAGER BILL WRIGHT NATURAL RESOURCE OFFICER ENCLOSURE ie earner #.0. BOX B B) UPPER HUMPY’ CREEK 15.0 CUBIC FT/SEC FOR HYDRO POW GEN JAN Of THRU DEC 31 "LARSEN BAY, CTY LARSEN BAY, A) W. FORK HUMPY CREEK qW- aif STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER MANAGEMENT « i PERMIT To APPROPRIATE WATER LAS 411697 AK. 99624 THE LOCATION TO WHICH THIS WATER RIGHT AFFERTAINS IS: PROTRACTED SECTIION 31, THE LOCATIONS OF THE WATER SOURCES IS A DIVERSION STRUCTURE ON THE WEST FORK OF HUMPY CREEK LOCATED WITHIN NWi/4SE1/4SE{/4 PROTRACTED SECTION 5 AND A DAM ON UPPER HUMPY CREEK LOCATED WITHIN SE1/4NE1/4 SE{/4 PROTRACTED SECTION 6, TOWNSHIP 34 SOUTH, RANGE 29 WEST, SEWARD " MERIDIAN. CHANGES IN THE NATURAL STATE OF WATER ARE TO RE MADE IN THE MANNER AND ONLY FOR THE PURPOSES STATED IN THIS FERMIT. TO THE PERTINENT STATUTORY PROVISIONS IN AS 446.15, ADMINISTRATIVE - THE LOCATION OF THE FOWERHOUSE IS WITHIN THE SW{/4SE1/4NE1/4SE4 74 TOWNSHIP 30 SOUTH, RANGE 29 WEST,SEWARD MERIDIAN, KODIAK ISLAND RECORDING DISTRICT, STATE OF ALASKA. REGULATIONS IN {1 AAC 93, AND THE FOLLOWING CONDITIONS: THE HOLDER OF THIS PERMIT SHALL: FOLLOW ACCEPTABLE ENGINEERING STANDARDS IN EXERCISING THE PRIVILEGE GRANTED BY THIS PERMIT. DEFEND AND INDEMNIFY THE STATE AGAINST AND HOLD IT HARMLESS FROM | | { | { | WITH A PRIORITY DATE OF 44/12/1987 — | THIS FERMIT IS SUBJECT : ‘THE’ STATE OF ALASKA UNDER AS 46.15, THE ALASKA WATER USE ACT, . , AND THE REGULATIONS ADOPTED UNDER IT, GRANTS TO: WITH A PRIORITY DATE OF 11/12/1987 ANY AND ALL CLAIMS, DEMANDS, LEGAL ACTIONS, LOSS, LIABILITY AND } EXPENSE FOR INJURY TO OR DEATH OF PERSONS AND DAMAGES TO OR LOSS PAGE 14 Ae neg nO ER im XK PERMIT TO . APPROPRIATE WATER “ - LAS 11697 ‘ OF PROPERTY ARISING OUT OF OR CONNECTED WITH THE EXERCISE OF THE eer en ae GRANTED BY THIS PERMIT. . ,.NATURAL RESOURCES OF ANY CHANGE OF ADDRESS OF THE GRANTEE OR ene OF ANY REAL PROPERTY IDENTIFIED IN THIS DOCUMENT. ne eae BMoTIFY THE DIVISION OF LAND AND WATER MANAGEMENT, DEPARTMENT OF \i cs ‘{: AESTABLISH A METERING SYSTEM ACCEPTABLE TO THE DIVISION AND SUBMIT ai RECORDS TO THE DIVISION ON A QUARTERLY BASIS. “CHEMICALS USED AS woop PRESERVATIVES SHOULD BE PRESSURE (SRSINJECTED INTO THE WOOD AND NEITHER CREOSOTE NOR ‘PENTACHLOROPENOL SHOULD BE USED FOR PRESERVING WOOD THAT vIS TO BE USED IN DAM, CONSTRUCTION. THESE CHEMICALS CAN” ZULEACH FROM THE WOOD, POLLUTE WATERS DOWNSTREAM OF THE DAMS, AND DESTROY AQUATIC ORGANISMS. CHEMICALS SUGGESTED AS WOOD RESERVATIVES INCLUDE CHROMATED COPPER ARSENATE, COPPER APHTHANATE, OR AMMONICAL COPPER ARSENATE. FOLLOWING INSTALLATION OF THE PENSTOCK, THE SOILS DISTURBED KY CONSTRUCTION SHOULD BE RECONTOURED TO REDUCE EROSION AND TO . PROMOTE REVEGETATION. IF NECESSARY THE DISTURBED SOILS SHOULD ee RESEEDED. ane " MOTORIZED VEHICLE USE OF THE TRAIL TO THE DAMS BEYOND THE FOWER- “POWER SITE SHOULD BE CAREFULLY CONTROLLED. ALL TERRAIN VEHICLE OR SNOWMACHINE ACCESS USING THIS ROUTE SHOULD BE STRINGENTLY ONTROLLED AND LIMITED TO OFFICIAL USE FOR POWER PRODUCTION VRELATED ACTIVITIES ONLY. tyr ep : DIVISION OF LAND AND WATER MANAGEMENT PAGE 2 Zt ; 7 / STLrE COMPEAL Que. DEPT. OF ENVIRONMENTAL CONSERVATION SOCTHCENTPAL 3601 G ST.; ANCHOPAGZ, Af §63-6529 / - : CERTIFIED MAIL. ..- . et tee ees RETURN RECETOT REQUESTED January 12, 1989 Earl Ausman Polarconsult Alaska 1503 W 33rd Avenue, Suire 319 Ancherage, Ax $3503 bear Mr. Awsman: . a’ RE: Humpy Creek 1, NPACO No. 971-9%70-4-870537 In accordance with Section 40: of the Clean Water Acc of 1977 and provisions of the Alaska Water Quality Standards, the Department of Environmental Conservation is issuing the Certificate of Peasonable Assurance for the proposed construction of ,a small hydroelectric facility ar Larsen Bay, Alaska. This department action represents only one element of the overall project level coastal management consistency determination issued by the Office of Management and Budget under AS 44.19 and 6 AAC 50.070. Department of Environmental Conservation regulations orovide that any person who disagrees with any portion of this decision, may request an adjudicatory hearing in accordance with 18 AAC 15.200- 310. The request should be mailed to the Commissioner of the Alaska Department of Environmentai Conservation, P.O. 2ox O, Juneau, AK 99811-1800 or deiivered to his office at 3220 Hospital it Drive, Juneau. Failure to subm a hearing request within thirty days of receipt of this letter shall constitute a waiver of that person's right to judicial review of this decision. By copy of this letter we are advising the Corps of Engineers and the Division of Governmentai Toordination of our actions and enclosing a copy of the certification for their use, Lit, _oxnonivese Bill H. Lamore CEIVED ‘egional Supervisor Enclosure BHI: TRY EB a eee een eg JAN 23 1989 cc: Corpa df Engineers NMFS REGULATORY FUNCTIONS MT EPA, AK Operations Faws Alaska Cutrict, Compe of Ing Le TNA, Anchorage OmMB/GCU, Anchorage horage ferry Hows, AlSC/So nea Sp Bee lae arte STATE Sh AL ASE S SLAAA CMS Sh Lu seS wa AS SSS LRAT ce SEA cane caek @ A A A Certificate of Regscoradi as sequicsed by Seczfoa 401. of the Ciden Mater ASC, } . sed by the City of Larsen Bay, P.C. Box #, Larsen Bay, Ak 3939624, for the construction of a small hydroelectric faclilry on mpy Creec, Tha facility consists of a gabicn diversicn caz, an bs (Liled cesercrof{s dam, pensct turbine house and talicace. {Li be gliped from the pense and uses ©6 gupplesxere she of ro supply. The remainder of the water wit ba ¢4schasged (nto Rumpy Coeak above che cea ay. Car. ,cceted at C5AR4, 2 Public notice of t Le foo made in accordance with i8 AAC i5.180. Wacer Quality Certification is requ thor d d by a Corps of Engineers ACO No. 071-07%D-4-870537 and permit identified as Humpy Creex i a discharge may result from the pr Having reviewed the applicaticn and comments received in response to the public notice, the Alaska Department of Environmental Conservation certifies that there is reasonable assurance that the proposed activity, as well as any discharge which may result, is in compliance with the requirements of Secticn 401 cf the Clean Water Act which inciudes the Alaska tiater Quality Standards, 18 AAC 70, and the Standards of the Alaska Coastal Management Program, 6 AAC 80., provided that the following stipulations are adhered to. These stipulations were adopted pursuant to 6 AAC 50 (Project Consistency with the Alaska Coastal Management Program) and are necessary to ensure that your project is consistent with the ACMP: Ls Drainage from the turbine house site must be controlled so as not to reach Yumpy Creek above the cannery dam as water above said dam is used in fish processing and as a drinking water source. 2 Water must not be allowed to sit or stagnant within the steel pipe portion of the penstock as this pipe is coated with a material that may leach into the water and this water is to augment he city drinking water supply. If the turbine is shut down, water must be drained from this section of the pensctock or allowed to continue to fiow through the penstock via a diversion. Sie The inlet of the pipeline located on the east fork of e Humpy Creek shall be fitted with a device to prevent juvenile or adult fish from entering the water diversion pipeline. This device shall consist of either: ; aus a permeable gravel berm, or Dis a well maintained headgate or pipe inlet. The headgate or pipe inlet shall be fitted with a screen on which the effective screen opening shall not exceed 0.1 inch (2.4mm). To avoid impingement Or entrainment of fish the headgate or pipe inlet shall either be piaced in a slack water areg or aligned perpendicular to the stream flow. a B ¥. ‘LaMoreaux Regional Supervis 3L oN UN me fasse Sere {ri TA Ae NA KR Kesler aes Ait iy Hr AS vi hy S11 COw?ea, COVTENOR 2 bi - oa oh wh NN bal FO - nm, —_ o - aa - ™ é Coal ) See tos 7 Teme eeu | acme 7 1 f o 2. 4X am OFFICK OF THE GOVERNOR / CON ee eas Pmt AE west CLV ICN CH GOVERIMSEN TAL COC PISINCA SON SOLTAOATT MEUM, OPTI MONTH A, ICM OO MORTEM MCMAL OFMCT 4) ORT PR AMOLIY } cAMagy 28s? y 43 SAINT ATT PO OOK Aw. BETL 104 SusT1 222 wv 3alionns AIMAU, ALALEA PRED OGE AWM AGH, MASA FREDDIE PAPIBAMEZ ALASCA BEG PHONE COT) et 7ed Prt TN PTR Sar PCIE (UT) ASAIN REGISTERED MAIL Jansary 12, 1989 RETURN RECEIPT REQUESTED City of Larsen Bay <7 ty Ls Attn: Mr. Earle Ausman Polarconsult Alaska RECEIVED 1503 W. 33rd Avenue, Suite 310 Anchorage, AK 99503 ey Fal) ees Dear Mr. Ausman: 64957 = -\-" © EGULATORY Fm Crea SRANCH SUBJECT: HUMPY CREEK 1 Aska Cistric, Corps of inaineen STATE I.D. NO. AK881028-13A CONCLUSIVE CONSISTENCY DETERMINATION The Division of Governmental Coordination (DGC) has completed coordinating the state's review of your project for consistency with the Alaska Coastal Management Program (ACMP). On December 20, 1988, you were issued a proposed consistency finding for your project. The project is to construct a small (420 Kw) hydroelectric project approximately 1.5 miles south of the City of Larsen Bay on Kodiak Island, Alaska (section 6, T. 31 S., R. 29 W., S.M.). The project would generate hydroelectric power for the City of Larsen Bay which currently uses diesel generators. Approximately 50 cubic yards of fill material (shale, graywacke, silt, clay, and rock) would be placed below the ordinary high water mark of upper Humpy Creek for a dam across Humpy Creek. The earthen-fill diversion dam would have the following overall dimensions: maximum height of 14 feet, length 139 feet, crest width 9 feet. Approximately 600 cubic yards of shale and graywacke would be used to construct the shell of the dam, with an additional 700 cubic yards of silt, clay, and rock used for the core of the dam. The created reservoir would have a maximum pool depth of 10 feet and contain 1.4 acre feet of storage. A 5,900 foot long penstock would convey water from the main earthen-fill dam to the powerhouse. It ia anticipated that the penstock will ba conatructad with PVC/Fibarglaas/Epoxy encapsulated typa piping, with the pipe having an inaide diameter of approximately 12 i{nches - 18 inches. The penatock piping Attn: Mr. Earle Ausman 2 January 12, 1989 Humpy Creek 1 State I. D. No. AK8@81028-13A would be placed within the alignment of a temporary access road used to reach the main dam site. The access road is expected to be approximately 8 foot - 10 foot wide and cross 9 active and . “ephemeral streams. Culverts would be placed at all crossings to maintain adequate drainage channels. The construction of the temporary access road is authorized by U. S. Army Corps of .. Engineers (COE) Nationwide permit 14 and the penstock construction is authorized by COE Nationwide permit 12. - A second smaller wooden diversion structure would be constructed on the west fork of Hurpy Creek. A 0.75 mile diversion pipeline would connect the west fork diversion to the main dam on upper Humpy Creek. It is anticipated the pipeline would be constructed of butt-welded joints of polyethylene pipe and would be placed above ground with no soil covering. The diversion of the west fork waters would allow the use of approximately 86 percent of the drainage basin upstream of the existing cannery dam at Larsen Bay. It is anticipated that the net effect on downstream water users would be minimal because all water would be returned to Humpy Creek at the cannery dam, upstream from the point of withdrawal for the next user. Since the proposed project has little storage capacity, the project would not be expected to substantially change the distribution of the discharge of Humpy Creek. The powerhouse would be constructed adjacent to the existing Larsen Bay cannery dam. The area is an upland site which may be an old (1940s) disposal site from construction of the cannery dam. Final grading of the site may result in the proposed powerhouse being founded on bedrock. The powerhouse would discharge into the impounded waters of the existing cannery dam via a tailrace, which would be excavated into rock. Spoils from the excavation of the tailrace would be disposed of at an upland site. The project reviewed by the state includes, by reference, the specifications and information included in your November 21, 1988, response to our information request. This consistency determination applies to the following state and federal authorizations as per 6 AAC 50: 7 Alaska Department of Fish and Game (DFG) - Title 16 Permit. Alsska Department of Environmental Conservation (DEC) - Certificare cf Reasonable Assurance. ~ d. CO. 8. Acwy Corps of Enginears (CON) - Sactlon 404 Attn: Mr. Rarle Acwmas } Jentiacy 12, 98% Rumpy Creek i Btate 1. DD. No. AKI 8-1 A A Waters Rights ‘fxrom rhe oe patient of Satusai *esousces (LAS Mo. 11697) was prericusiy reviewed for tals project in 1987. _- Based on the review of your project by the Alaska Departments. of RWatural Resources, Environmental Conservation, and Pish and Gane and the Kodiak Ialand Borough, the atate concurs with your certification that the project if consistent with the AQ? provided the following conditions are met. The following conditions will appear as stipulations on the Title 16 Permit issuec by DFG: ase To provide for afiicitent fish passaga of tha diversion atructure on the east fork of Humpy Creex, step pools shall be constructed below the diversion weir.~kThe pools shall be designed in consultation with the DFG to provide upstream and downstream travel of fish. For this portion of the drainage, during the period May through October, when natural flows exceed 5 cfs, the remainder of the water shall be allowed to bypass the diversion. n 2.3 During the period of time that the impoundment area is being filled with water, sufficient water shall be maintained in the mainstem of Humpy Creek to ensure that the anadromous fish resources are not placed in jeopardy by dewatering of the stream. To meet this requirement a stream flow of at least 6.0 cubic feet per second of water shall be maintained. These conditions are necessary to protect important fish habitat in Humpy Creek per 6 AAC 80.130 Habitats. A copy of this ACMP standard is enclosed. The portion of Humpy Creek downstream of the old cannery dam has been specified as being important for the spawning, ‘rearing, or migration of anadromous fishes, That portion of the stream supports spawning pink and chum salmon. The mainstem of Humpy Creek upstream of the cannery dam as far as the confluence of the east and west forks and the east fork of Humpy Creek support resident Dolly Varden char. The following conditions will appear as stipulations on the Certificate of Reasonable Assurance issued by DEC: i. Drainage from the turbine house site must be controlled gO as not to reach Humpy Creek above the cannery dam as water above said dam is used in fish processing and as a drinking water source. 2s Water must not be allowed to sit or stagnate within the steel pipe portion of the penstock as this pipe is coated with a material that may leach into the water n 0 ~ - ~~ Attn: Mr. Zarle Ausman 4 January 12, 1989 Humpy Creek 1 State I. D. Wo. AK2@21028-12A and this water {2 to augment the city drinking water supply. If the turbine is shut down, water shall be drained from this section of the penstock or allowed to continue to flow through the penstock via a diversion. These conditions are necessary to protect water quality of Humpy Creek per 6 AAC 80.140 Air, Land and Water Quality. A copy of this ACMP standard is enclosed. : The following stipulation was developed pursuant to 6 AAC 50 and ig necessary to ensure the consistency of your project with 6 AAC 80.130 Fabitats and the Resource Enhancement and Protection Policy of the Kodiak Island Borough Coastal Management Program. This stipulation will appear on the Title 16 Permit issued by the DFG and the Certificate of Reasonable Assurance issued by, DEC. De The inlet of the pipeline located on the east fork of Humpy Creek shall be fitted with a device to prevent juvenile or adult fish from entering the water diversion pipeline. This device shall consist of either: ek ars a permeable gravel berm, or Bia a well maintained headgate or pipe inlet. The headgate or pipe inlet shall be fitted with a screen on which the effective screen opening shall not exceed 0.1 inch (2.4mm). To avoid impingement or entrainment of fish the headgate or pipe inlet shall either be placed in a slack water area or aligned perpendicular to the stream flow. This conclusive consistency determination represents a consensus reached between you as the project applicant and the reviewing agencies listed above, as provided for under 6 AAC 50.070(k), regarding the conditions necessary to insure the consistency of the proposed project with the ACMP. As also provided under 15 CPR 930.64(c), federal authorization of your project will be made with the full understanding that your original project proposal has been modified subject to the conditions described above. If changes to the approved project are proposed prior to or during its siting, construction, or operation, you are required to contact this office immediately to determine if further review and approval of the revised project is necessary. The state reserves the right to enforce compliance with thia conclusive consietency determination if the project {is changed in any significant way, or Lf the actual use diffara from tha approved use contained tn thea project deacription, ces on4/ et? F: Attn: Mr. Earle Ausman 5 January 12, 1989 Humpy Creek 1 State I. D. No. AK881028-13A appropriate, the state may amend the state approvals listed in this conclusive consistency determination. Should cultural or paleontological resources be discovered as a result of this activity, we request that work which would disturb such resources be stopped, and that the State Historic Preserva- tion Office be contacted immediately (762-2626) . By copy of this letter, we are informing the U. S. Army Corps of Engineers of our conclusive finding. If you have any questions regarding this determination, please contact me at 274-1581. Sincerely, <i £Ore Patty Bielawski Project Review Coordinator Enclosures cc: Tim Rumfelt Department of Environmental Conservation Wayne Dolezal Department of Fish and Game Greg Curney Department of Natural Resources Linda Freed Kodiak Island Borough Tim Jennings U. 8. Amrmy Corps of Engineers ae roe RY 5h K ODOT OF FiSRCa, HARITRT ANC vat January 12, 1988 TO €2-33-0629 Clty of Larson Bay Attni Mr. Barle Auemaa Polarconsult Alaska 1503 W. 33rd Avenue, Sulte 301 Anchorage, Alaska 995023 Dear Mr Auemans Ret Yiah Mabitat Pernlt - Mumpy Creek Xydro (Sections 53 and 6, T. 31 Be, R. 29 Wo, BH.) (Stream Mumber 254-10-10070) (BID AK#91028-13A) (COZ 40,4-870537) (Bumpy Creex 1) Pursuant to AS 16,.05.870(b) and AS 16.05,840 the Alaska Department of Fish and Game (ADP8d) has reviewed your proposal to oonstruct a hydroelectric facility at the referenced location. This proposed project entails the construction of an earthen-f111 dam on the west fork of Humpy Creek, and the installation of a 5900 foot long penstock extanding from the dam to a site in the lower rtion of the drainage where a water driven turbine is | \ ocated. Water from the operation of the turbine turbine is . to be discharged via a tailrace back into Mumpy Creek at a | point immediately upstream of the old fish cannery dam. The b \ project also includes the diversion via a gravity flow , pipaline of a portion of the east fork Humpy Croek atreamflow into the reservoir of tha west fork dan. Pursuant to AS 16.05.870(a) the portion of Humpy Creek downatream of the old canna dam has been specified as being important for the spawning, rearing, or migration of anadromous fishes. That portion of the stream supports spawning pink and chum salmon. The mainstem of Humpy Creek upatraam of the cannary dam ag far aos the confluence of the aust and wast forks and the east fork of Humpy Creek support ; ; reaideant Dolly Varden char. The west fork of Humpy Croek is eae not known to support fish. However, your proposed projact should not adversely affect these fish resources if conducted according to stipulations listed below. Ne * > sea hpe Prag ih OE EP ee ec eapevermerersieriven tid PK DEPT OF FISHLGAME HABITAT ARC P.e3 f Fa @@-zr-0629 -2- January 13, 1989 In accordance with AS 16.05.870(d) (Anadromous Fish Act) and AS 16.05,840 (Fishway Act), project approval is hereby given subject to the following stipulations: 1. To provide for efficient fish passaga of the diversion structure on the east fork of xMumpy Creek, step pools shall be constructed below the diversion weir. The pools shall be designed in consultation with the ADrEG and shall provide upstream and downstream travel of fish. For this portion of the drainage, during the period May through October, when natural flows exceed 5 cubic feat per second (cfs), the remainder of the water shall be allowed to bypass the diversion. 2. During the period of time that the impoundment area is being filled with water, sufficient water shall be maintained in the mainatem of Humpy Creek to ensure that the anadromous fish resources are not placed in jeopardy by dewatering of the stream. To maet this requirement a stream flow of at least 6.0 cfs of water shall be maintained. In addition, the following stipulation was adopted pursuant to 6 AAC 50 (Project Consistency with the Alaska Coastal Management Program) and are necessary to censure that your project is oonsistent with the Alaska Coastal Management Program (ACMP). 1. The inlet of the pipelina located on tha east fork of Humpy Creek shall be fitted with a device to prevent juvenile or adult fish from entering the water diversion pipeline, This shall consist of either: a. & permeable gravel berm, or b. a wall maintained headgate or pipe inlat. Tha headgata or pipe inlet shall be fitted with a screen on which the effactiva screen opening shall not axcead 0.1 inch (2.4 ma). To avoid impingement or entrainment of figah the headgate or pipa inlet shall eithar be placed in a slack water area or aligned perpendicular to the atraam flow. Yor any activity which significantly deviates from the eneres lan the permittea shall notify the ADF&G and tain written approval in the form of a pernit amendment prior to commencement of the activity. Any action taken by the permittee which incroases thw overall scope of the project or which negates, alters or minimises the intent or effectiveness of any a eontained in this permit will be considered a significant deviation from the approved plen. The final determination relative to the aignifieance POO Hm, Placing neer pomnagrteisies Ble PIK DEPT OF FISH2GAME HABITAT ANC P.04 TG @@-II-0629 -3- January 13, 1989 of any deviation and the need for a permit amendmant is the responsibility of the ADP&G; therefore, it is racommeanded the the ADP&@ be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued undur tho authority of AS 16.05.870, AS 16.05.8640, and 6 AAC 50. This parmit must be retained onsite during hydrowlectric facility construction operations and expires on December 31, 1990. Please be advised that this approval doss not relieve you of the responsibility for securing other. permits: stata, federal, or local. You are encouraged to contact the Department of Environmental Conservation Permit and Referral Center, 3601 C Street, Suite 1350, Anchorage, Alaska 99503, telephone 563-6529, if you are in doubt as to the need for obtaining other permits. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program and tha Kodiak Island Borough Coastal Management Plan, In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The Department reserves the right to require mitigation measuras to correct disruption of fish and game created by the project and which were a direct result of the failure to comply with this permit or any applicable law. This permit decision may be appealed in accordance with the provision of AS 44.62.3 0-44. €2,630. Sincerely, Norman A. Cohan, Deputy Commissioner Ulyne fea! BY: C.’ Wayne Dolezal Habitat Biologiat Region II Habitat Diviaion (907) 267-2284 q re 4 ae: | Sy latthart, mcamincen tenses) AC - P. Blelawski, DGC/OMB (PROPS) oe C. Rankin, FWP ?. Probasco, ADFs&G R, Lipkin, EPA D. ler, COE 3. Anderson, USTYS a. OSaith, mrs rm Oc ee ets de et LT ee ee their habitats; (444) to. provide, in 9 menar consistent ith the ‘purposes set forth in subparegrephs (1) end (41), the opportunity for continued subsistence uses by local residents; ond (4v) to eneuze, to the neximm extent precticable end in a memner consistent with the. “Purposes set forth in paragraph (4), water quility end neceessry, water Se a eee | pomchoume Located near the old camery diversion dan at epproxinabaly 200 fest elevation. Both penetocis would be buted except for a short sei of he main renee semtitny belo, th een ‘penstock would treverss a precipice. All disturbed sites would be” seeded end steep grades of the min penstock Line waterbarred. #8 ML conetruction ectivities would occur on 22 (g) lends end would | qamence in February 1969 end would be completed by Decenber 1989. ~ 50 persons working on the project at one time. : Paattaes Oe coutnaring ta periest ie to raaten tha oat lee electricity end dependency of diesel fusled electric pomr tor. resi@ante of Larsen Bey. When the hydropower project cones on, line, ee "tia Glaaal gunratore would be Linttad to etenchy wwe during period of Jow water flow or maintenance on the hydropower facilities, ‘other sepects of the project would remain the srme. " Pettlctpeted Impacts on Refxge Purpoee(s): The manegement of Alasica Netive Claims Settlement Act (ANCSA) 22 (g) lends was nct addressed in the Refuge Comprehensive Conservation Plan. Nonstheless, becauss the “. project would be constructed cn such lends, it is still subject to the To detemine whet activities would be allowad end whet restrictions, if “ any to impose, the refuge detemnined whet category the lends would heve "been hed they not been selected under 22 (g) of ANSA. "Dus to the proximity of the project to the village of Lareen Bey, these | | lends, hed they remined under title of the U.S. Fish and Wildlite | Service, would. heve been categorized as moderate menegenent. The > comprehenaive. Conservation Plan provides for hydroelectric power | development on a site-specitic basis within moderate management lands, 5 ‘With the proximity of humen developments to the proposed project, te ia ES doubtful thet the structures theneelves wuld distract fron the purposes for which the refuge was established. Construction procedures end. secondary. effects, meen a naetnte could negetively impect ae Pa ies cece reece ns 20) cal ten os “ae PE ae Ea Fat To ineure compatibility, the folloxing stipulations ere required: 1. Teo locked gates, oe een os ieee faa AE @ etzetagio location Mgher up cn the eiepe, will be coratnactad powerhouse end heving chain Linke fence leads, the other looetad at ae 2. 3 4. “allow authorized vehicle acoses for inspection end maintenehcs of “Of leplacement of eny riparian zone soils except in the immediate vicinity of the dam site. to prevent motorized wifiicles from using the penstock trefl. A third gete will be required 1£ an ectiitiol rod oc trail is constructed to eccses the des site. Ths specific loostio of ths gutes xill be detemined follocing @ joint inspection by U.S. Fish and ¥ildlife Service emi villege euthorities efter major construction activities have been completed. . Se The villege will keep the gates locked st all times exept to the fecilities. No cemps will be allowed on the omstructin alte. All Li construction personnel ill be required to leave the construction a zone at the end of the day. No refuse disposal (including burying of tresh) will be allowed. All refuses will be transported off site for proper disposal at the villages senitery landfill. ee ey een eee ae, ee Pee poles to reduce electrocution hazarda to wildlife, Z£ @ bench 48 constructed across the precipice, beckheuling of |, so-ssacemnetendastinoeanten tenes eee, VIE; overburden will be required. ‘his overburden my be used for construction of the des but must be stored in an area approved by the Refuge Meneger. There will be no charge for this fill. 9. Any eddiitioneal overburtien removal will be completed at sites to be epproved by the Refuge Maneger and the City of Larsen Bay will bs cherged the fair markst values for such fill. 10. All #411 removal sites, with exceptim of the bench, will be recontoured and reseeded with native gasses upon comletion of construction activities. guati fication: If eacoees stipulations are not complied with, brow _ bears could be attracted to the site end could couse damege to the fecklities end/or could be funneled into the village via the penstock teed. | Both scenerios would increase the probebility of beer/tumen - encounters. People could also access ths sbove alder zone, resulting - dn possible displacement, heraesment end mortality of beers along the entire ridge between Uyok Bay and Rarluk River watershed a high deneity beer area. | Tf sigfrjen mens are disturbed cx overburden allowed to pollute the oe watershed, both resident and enadxonous salmonids could be hareed end water supplies to both the villege end the cemery could become unpotable. ‘The Refuge Meneger needs to epprove overburden storegs end 7111 removal aites to in@ure thet critical wildlife aress amd archeological sites ere rot affected. Prepared by: Anh OTL Date: i) 174 Wildlife Biologist/Pilot I have determined this project to ba comatible with ths primary purpose for which the refuge wes established. : Rafuge Maneger, Kodiak National Wildlife Rafugs I will comply with the stipulations required under the provisions of this comatibility detemmination. ee 4 eer pra ees gee io —- Petia A 7 nn = ee ' j , t Pe t Sry aric 6G iC AA iC /\ STTIT COWPEA, COVTENOR bh yt i tay NET fol A iA\ fa | | adi fd ic el iy NVA JJ IR ay VI) a friliiaAlrotifiial vw LS iw) Vwie eS VS CNT, TCR . i 22 st an OFFICER OF THE GOVERNOR / Warancrae teat pig et aa / PCI WE RID CHVISICN CF GOVERIMWEWTAL CCCATIMN A TICK SOUTHEAST ME QUOWAL OFTIOE MOST MCINTRAS MRC, OF CE MONTH ECAC OF CE AY WORTH PRA LIN . 2 +2 MOD CHAU TTREET -+ 2 cay Of3 SEVENTH AVEMCR- Ns P.O. BOX Aw. SUTTE 101 srtt 79 STATOn PIMEAU, ALAS A FART ONES ACPA, AAS A WHEE TM FAPBANE SL ALASLA PID 458 PHIOWE, (GOT) 44)5-YG82 PACA, UST) TTA St POE (DOL) ASB 20 REGISTERED MAIL January 19, 1989 RETURN RECEIPT REQUESTED City of Larsen Bay Attn: Mr. Earle Ausman = Polarconsult Alaska 1503 W. 33rd. Avenue, Suite 310 Anchorage, AK 99503 Dear Mr. Ausman: SUBJECT: HUMPY CREEK 1 aur STATE I.D. NO. AK881028-13A H CORRECTION OF CONSISTENCY DETERMINATION The Division of Governmental Coordination (DGC) recently completed a review of the above referenced project. A conclusive consistency determination was issued January 12, 1988. The January 12 finding incorrectly referenced construction of a wooden diversion structure on the west fork of Humpy Creek (see page 2, paragraph 2, January 12 finding). This sentence is incorrect as this second diversion structure will be constructed on the east fork of Humpy Creek. By a copy of this letter I am advising review participants of this error so that their project files may be corrected. I apologize for any confusion resulting from this error. Thank you for your cooperation with the Alaska Coastal Management Program. Sincerely, ee , cl Becket Patty Blelawski Project Review coo hG EkV E D JAN 2 3 1989 BORLA TOT FUNCTIONS Bua, Adama Derr, Correa ef Pmemeey soo ere See Attn: Mr. Earle Ausman 2 Humpy Creek 1 State I. D. No. AK881028-13A cc: Tim Rumfelt Department of Environmental Conservation Wayne Dolezal nayst nein Su Department of Fish and Gamat cr | Janetta Pritchard . Department of Natural Resources Linda Freed Kodiak Island Borough Tim Jennings U. S. Army Corps of Engineers ot ese January 19, Ho ad Stee eg Vee > i) CEPAAT WENT OF THE ARMY GS BER twee Crete ® OTT ORUTT, sate aD, Ut Ket AACE, AAR OE MAR 23 689 Reguletory be acd Permit Processing Sect for &- 270537 Mr. Carle Avsmen Polarconsult Alasta, imcorporat 1503 West 23rd Street, Suite JK Anchorage, Alaska 99503 a o >a ¢ Dear Mr. Ausman: Enclosed are two coples of Departament of tne Army permit number aa 4-870537, Humpy Creek 1, which would authorize the placement of f111 In Humpy Creek as part of a small nydroelectric project near Larsen Bay, Alaska. Tne Alaska Department of Environmental Conservation nas {ssued a Certificate of Reasonable Assurance pursuant to Section 401 of the Clean Water Act for your project and they have found {t to be in accordance with the Alaska Water Quality Standards. In addition, the Alaska Division of Governmental Coordination has certified that your project is consistent with the Alaska Coastal Management Program. These certifications are attached to the Department of the Army permit and will become a part of this permit when it is finalized. If you accept the conditions of the attached permit, please sign and date both copies and return them to us. The permit will not be valid until we have returned a finalized copy to you. It should be understood that this is not an authorization to commence construction. No work is to be performed in the waterway or adjacent wetlands until you have received a validated copy of the permit. Sincerely, Timothy R. Jennings Chief, Northern Unit Permit Processing Section Nm Co Enclosures OEPARTWEMNT OF THE ARMY PERMIT City of Larsen fay Perrrtitee perro 4-870537 (rhampy Creek 1) leewtng Office U2Ss Arty Engineer District, Alasca NOTE: The term “yeru™ and ta Gertreteren, at cned be han permet, omeame the permittes o any fatare tracsferes, The tearm “thh: office” refer to the eppropriate dautriet of dituhon office of the Corpa of Layineers having partediction over the permitved activity or the appropriate of ficial of that office acting ander the aathority of the commanding officer, You are authorized to perform work tn accordance with the terma and conditions specified below. ———— Place approximately 50 cubic yards of f{1] mater{al (shale, graywacke, silt, clay, and rock) below tne ordinary nigh water mark of uppag.Humpy Creek in assoc{ation with the construction of a small hydroelectric dam on Humy Creek to generate electrical power for the city of Larson Bay. All work will be performed in accordance with the attacned plans, 3 sheets dated August 12, 1988. mro)ecti Locations Upper Humpy Creek aporoximately 1.5 miles soutn of the city of Larsen Bay {n section 6, T. 31 S., 29 W., Seward Meridian. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on February 29 1992 . If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for conaideration at least one month before the above date is reached. © 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condil- tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to « third party In compliance with General Condition 4 below, Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of thie permit from this office, which may require reatoration of the area. 3. Lf you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you hare found. We will initiate the Federal and state coordina. thon required to determine If the remaina warrant 4 recovery effort or If the alta be eligible for Ileting In the National Register of Historie Places. ED FORM TTT1, Moe OE LOTION CF FHF AIS OMROLETE (2) CAR 320.290) 0. Darmage chutes maecoriatet wit ney fatare cesdtiGacatom munpersias, ae revecatign of thie perrattt, } 4. Ratinoce om Ageyticamt’s Data The faterncustion of ttue office that amenace of thin permit te mot comirery to the pablic | irlereet wae mace in retharce om the ieformathom pow groded, 5. Reerstuathon of Permit Dectutom Tris office mag reerabsata ita decision om this permit at ang tine the chroumatances werrant. Chrowmertances that could reprire a reeraésathon huthade, bat ace mot limited to, the following: a. You fail to comply with the termt and comditions of thts perait b. The Information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (Bee 4 abore). c. Bignificant new Information rurfaces which this office did not consider in reaching the original public Interest decision. Buch a reevaluation may result in a determination that It is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained In 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the \stuance of an administrative order requiring you to compt} with the terms and conditions of your permit and for the Initiation of legal actlon where appropriate. You will be required to pay for any corrective measures ordered by this office, and If you fall to comply with such directive, this office may In certain situations (such a those specified In 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the coat, 6, Extensions, General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless there are circumstances requiring elther a prompt completion of the authorized activity ora reevaluation of the public Interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your algnature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this periiit, | Lich Y=. Lo 77-86 (PERMITTEE) AND TITLE (DATE) This permit becomos effective when the Federal official, designated to act for the Secretary of the Army, has signed below. bith, LO prrceren April at, 1189 FOR(DISTRICT ENGINEER) Yolonel William W. Kakel 7 (DATE) Timothy R. Jennings, Chief, Northern Unit Permit Processing Section Regulatory Branch When the structures or work authorized by this permit are still in existence at the time the property Is transferred, the terme and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the trans{erea sign and date below. (TRANSFEREE) (DATS) TRUE NORTH NEF, « NOR 4G “1 APPROXIMATE MEAN OECUNATION, 1952 Project Viciniry Map & Prcsosed Hydroelectric Location Map Diversion Dam mile 1.7 Humpy Creek zarsen Bay Xediak Island 2c 5,731S,R29W SM WTAKE ACCESS WALKWAY OAM CREST Se IMPERVIOUS CORE at — HELL (SHALE CRA ACRE) a Lat (S&T- CLAY~ ROCK) een SEEPAGE RING , i j L Ee PAY. 7a . » daca ‘ 30° CRAIN/CIVERSION >WPE ee ~ } L_ Purpose: Provide Hydroelectric Power to the City of Larsen Bay Datum: MLW GABION CIVERSION STRUCTURE ~ = “nan FSS ere Nests cate so7 to ——% DAM SECTION B-B SCALE: I's 9° \ x Proposed Hydroelectric : Diversion Dam In: Humpy Creek (milel.7) Dam Section Scale: 1"=6’ City of Larsen Bay At: Larsen Bay P.O. Box 8 Kodiak Island Larsen Bay, Ak 99624 Sec 6,T31S,R29W SM Date: Aug 12, 1988 Sheet 3 of 3 remarry CHEER ‘HUMPY CREEK OD me AIN PIPE \ Purpose: Provide Dam Plan View Proposed Hydroelectric Hydroelectric Scale: 1"=20’ Diversion Dam Power to the City In: mile 1.7 Humpy Creek of Larsen Bay City of Larsen Bay At: Larsen Bay P.O. Box 8 Kodiak Island Datum: MLW Larsen Bay, Ax 99624 Sec 6,T31S,R29W SM Date: Aug 12, 1988 Sheet 2 of 3 ae APR 21 289 ‘Regulatory Branch eee ‘Permit’ cas Section 870537 > ; onorable Charles Christensen, . ayor: of Larsen Bay ‘ ‘Post 0ffice Box 8 . Larsen’ Bay, Alaska 99624 ‘Dea “Mayor. Christensen: "Enclosed is the signed ipar teat of the Army as file number“ * 4-870537;".Humpy Creek authorizing the placement of: fill in Humpy Creek “as part ofa small: hydroelectric project near Larsen Bay, Alaska. Also, ‘enclosed {sa Notice of Authorization which should be posted in a prominent location near. the authorized work. Your, attention is also _directed:to the: enclosed Certification of. Compliance with Department of sthesArmy,,Permit which, should be: ceo leree and returned upon complet fon: of the uthorized work. ; 3 a change in the location or plans of the work are necessary for any reason, plans should. be submitted to’this office promptly. If the changes are: wnpbyect tonahtes) the approval required by law before construction. is begun willbe issued without delay.’ Nothing in this letter shall._be construed as excusing you from * comp liancer with other Federal, State, or local statutes, “ordinances, or produ} ations which may affect the proposed work. Sincerely, Timothy Baty & Jennings Chief P northern Unit Permit Processing Section Enclosures EEE EP MRS, AE RY HUWPY. CREEK. 1 ; ee eey ou ace 50 CY OF FILL MATERIAL BELOW OHWM OF HUMPY CREEK. AS PART « A permit to OF A SMALL HYDROELECTRIC PROJECT et at __HUMPY CREEK NEAR LARSEN BAY, ALASKA has been Issued joc wast oY on APR 96 RO ~ Address of Permittee __?-0- BOX 8, LARSEN BAY, AK mes “Permit Number es TIMOTHY R. JENNINGS © CHIEF, NORTHERN UNIT =870537 » - PERMIT PROCESSING SECTION ENG FORM 4336 , Jul 81 (33 CFR 320-390) EDITION OF JUL 70 MAY BE UREGULATORY BRANCHoponent: cecw.o1 26 Se ier et Me ame - e sain aneteneennenemmeniitieemailiaddine ales i A cappey % Fr haere hay fs Firen Relation of. the ectivity tpthorized Oy this ‘permit, ertificetionsend. 5 return At to. the Following address: U.S. ARMY CORPS OF ENGINEERS, ALASKA ‘DISTRICT | REGULATORY BRANCH, CENPA-CO-R-C POST. OFFICE BOX 898. * ANCHORAGE ,' “ALASKA © "99506-0898 : “Please note that your permitted activity is subject toa comps st inspection: by:an Army Corps of Engineers representative. If you fail to -comply:with-this permit, you are subject to permit: suspension, modification, ° av Set ICAS, and/or criminal and civil, Penalties. pe eyeee hereby certify that the work authorized. by the above referenced permit ts s.,been completed: ‘in accordance with: the’ terms and ‘conditions of. ithe said. Age ‘permity ’ be Re COOPERATIVE AGREEMENT BETWEEN : THE UNITED STATES FISH AND WILDLIFE SERVICE, KONIAG, INC., AND. THE CITY OF LARSEN BAY. This Cooperative Seenamect between the United States Fish. and Wildlife .3 Service (Service), Koniag, Inc. (Koniag), and the City of Larsen Bay ‘(Larsen Bay) ‘is entered into this 26 th day of JUL » 1989.;° The. purpose of this agreement is to establish procedures for the use A development‘ # lands, subject to section 22(g) of the Alaska Native Claims Settlement (Claims Act), for the construction, operation, ‘and maintenance, of | ‘a Myaeeetecbate power plant at Larsen Bay. . 3 AUTHORITIES oad a ‘Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601-16245 85 - Stat. 688), as amended 2 jo 3 Alaska National Interest Lands Conservation Act of 1980 (P.L. 96-4873 94” “Stat. 2371) a = National Wildlife Refuge System Administration Age of 1966 are U. 3. ce i 668ad- 668ee; 80 Stat. 927), as amended . f : WITNESSETH WHEREAS, Koniag is the owner of certain lands in Sections 5. id 6 of Township. 31'S., Range 29 W. Seward Meridian, as the successor~in-interest to Nu-Nachk-Pit, Inc., the Village Corporation formed for the Natives of Larsen Bey. Por: uant to the Claims Act and the laws of the State of Alaska} and. ‘WHEREAS, these lands were conveyed to Nu-Nachk-Pit, Inc., purauant to sectign. 12 of the Claims Act; and WHEREAS, these lands are located within the external boundaries of the Kodiak National Wildlife Refuge (Refuge); and is « NHEREAS section 22(g) of the Clains Act emenaas in pertinent part? ‘ : Notwithstanding any other eawtielod of this act, 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 use and development of such Refuges | and ¥ : WHEREAS, the Service, acting through the Refuge Manager, is the federal agency responsible for the management of the Refuge} and ont . —--) WHEREAS, the City of Larsen Bay wishes to construct and operate a hydroelectric power and water supply project as generally described in the U.S. Army Corps of Engineers Permit dated April 21, 1989, attached hereto as Exhibit A and T inesepceated herein by reference (Power Project) on portions of the’ above-described lands to provide for the electrical power and water needs of fhe residents of Larsen Bay} and Yue - EREAS, Koniag has entered into a long-term lease with Larsen Bay for ‘ certain of, the above-described lands, as more fully described therein, for the site for the Power Project; and “section 22(g) with respect to the construction, operation, and maintenance oF the Power Project. So eenree the parties agree as follows: 4, Lease of Land. Koniag and Larsen Bay have executed that caeeata Lands) authorizing Larsen Bay to construct and operate a Power Project on ‘the Leased Lands. A copy of the Lease is attached hereto as Exhibit B and »- incorporated herein by reference. 2. Stipulations and Mitigation Measures. The Service has developed stipulations and mitigation measures to ensure that the Power Project does not ‘materially impair the values of the Refuge, including the opportunity for - continued subsistence activities (Stipulations and Mitigation Measures). A copy of the Stipulations and Mitigation Measures is attached as Exhibit C hereto and incorporated herein by reference. Larsen Bay agrees to comply with the Stipulations and Mitigation Measures in the construction, operation, and maintenance of the Power Project. 3. Consultation and Cooperation. Larsen Bay, the Service and Koniag agree to consult with each other on any problems which may arise during construction of the Power Project, not addressed in the Stipulations and Mitigation Measures, that may materially impair Refuge values, and to resolve them locally on a cooperative basis. The parties hereby designate the following individuals as their representatives for purposes of this Section? Service: Refuge Manager, Kodiak National Wildlife Refuge Koniag: Land and Resource Manager Larsen Bay? Mayor 4. Importance of Project. The Service hereby recognizes the importance , of the Power Project to the residents of Larsen Bay. 5. Yo Material Impairment of Refuge Values. The Service has concluded that the construction a operation of ihe Power Project in accordance with the previsione of this Cooperative Agreement wilh not materially 7 the valwen for valch the pene veo established, fneluding the opportunity for contioned avbeletence activities, and consequently that the Peover Project dees moe vietlote enction 22(3) of the Clatmes Act. WHEREAS, the parties agree to use this Cooperative Agreement to implement 4 lenea" dated Sept (th; 1aRq » (Lease) to certain lands owned by Rote in Sections 5 and 6‘of Township 31 8., Range 29 W. Seward Meridian, (Leased © a Mottiteareecdtiny Heke SRM TESA RR te cram entetage ono NCaNARbe ge 6.» Protection of Watershed. The Service recognizes that the east and west. forks..of, Humpy. Creek will provide drinking water for Larsen Bay pursuant to!‘the Power’ Project. The Service promises to use its best efforts, consistent: with applicable law, to prevent and prohibit any activities within ith watershed of the east and west forks of Humpy Creek which would adversely impact’ the. quality or quantity of water. For purposes of this Agreement, the watershed shall include all lands located in Sections 5, 6, 7, and 8 of Township 31:05 Range 29 We, eewara. Haridiens : Access. * Koniag hereby eis the Service a right of accéss onto the. Le sed Lands, and across other lands owned by Koniag, to the extent reasonably. necessary. forthe purpose of conducting the inspections authorized by paragraph. 8..%;This authorization shall not be construed to grant the Service the: “right ‘to construct any roads, trails or other facilities for access, whether temporary or a a cactvet the prior written consent of Koniag: 8. Inspection. The parties agree that Koniag and/or the Service may conduct periodic inspections of the construction and operation of the Power Project to determine compliance with the Cooperative Agreement. Koniag and Larsen Bay shall have the right, but not the obligation, to have their agents or gree a pecacieee accompany Service peeanngat during inapecticns. o ; veratnation: This Cooperative Agreement shall terminate in ite entirety. upon the first occurrence of the following: a.” written agreement of all the parties; b.. the permanent cessation of the construction and operation of the Power Project; for purposes of this provision, a permanent cessation ‘shall be deemed to be the cessation of construction and operation activities (including clean-up, restoration, and revegetation)} c. termination of the Lease} d. .a change in the exterior boundaries of the Kodiak National Wildlife Refuge such that the Leased Lands are outside the exterior boundaries, dissolution of the Refuge, in whole or in part, or any other action or inaction which results in the Leased Lands no longer being Located within the exterior boundaries of the Refuge} or e. the repeal of section 22(g) of the Claims Act. Notwithstanding the above, this Agreement shall terminate with respect to Koniag but shall continue in full force and effect as between Larsen Bay and the Service a the transfer or conveyance of all of Koniag's right, title and interest in the Leased Lands. 10. Violations, In the event the Service determines that Larsen Bay has ‘failed to comply with the Stipulations and Mitigation Measures, it shall provide Larsen Bay with written notice of the same. The Notice shall include the stipulation or mitigation measure which the Service alleges io being states the activity(s) which it believes causes the violation, the meagures Etech ye Memths icra tatidid te yer tue grant eSilaby ALO Soap) Lateg la : eitce ‘believes are necessary to cure the violation, and the time period uch - cures A copy of the Notice shall be contemporaneously sent to ge:> Within: twenty. (20) days after receipt of the Notice, Larsen Bay shall provide: ‘the’ Service ‘witha written response as to whether it.concurs that a 5 “violation ‘has occurred and agrees to the cure in the manner and time -specified.''!A copy of this response shall be contemporaneously: provided to_ ‘Koniag... In the event Larsen Bay concurs that a violation has occurred and agrees to the cure within the time specified, it shall. proceed to implement He the cure. “In the event Larsen Bay disagrees that a violation occurred, with “the cure, or with the time period for such cure, then the provisions of pacecraph 11 shall apply. ; Dis; ute Resolution. In. the event of a disagreement between any of - the parties arising under this Cooperative Agreement, or an alleged breach of any:of the provisions hereof, including, but not limited to Violations pursuant to paragraph 10, the parties shall meet as expeditiously as possible and attempt’ in good faith to resolve the disagreement. In the event the ‘parties cannot agree, then the parties shall have such rights, if. any, to: ‘administrative and judicial resolution as are available by law. maze Successors-in-Interest. Except as provided in paragraph 9, this Cooperative Agreement shall be binding upon and inure to the benefit af the ective heirs, successors and assigns of the Parties. ; “13. ‘Notices: Any and all: notices oapkeas or permitted under this Lease, unless otherwise specified in writing by the party whose address is -“ changed, shall ‘be as follows: Refuge Manager Kodiak National Wildlife Refuge 1390 Buskin River Road Kodiak, Alaska 99615 KONIAG, INC. 4300 "B" Street, Suite 407 Anchorage, Alaska 99503 CITY OF LARSEN BAY Larsen Bay, Alaska 99624 14, Integrated Agreement. This Cooperative Agreement contains all of the agreements and conditions made between the parties and may not be modified orally or in any manner other than an agreement in writing signed by all parties or their respective successors-in-interest. nk eaten fein erent etna TAR eae PI aR iS SR CN a Corps of Engineers permit for placement of fill in Upper Humpy Creek. ee wee Mase tut, ome: hay eS SQ eet Ire eg ress an apyuleg ened lente at j . DEPARTMENT OF THE ARMY PERMIT City of Larsen Bay Permittee | Permit No.. U.S. Army Engineer District, Alaska Inruing Office NOTE: The term “you” and its derivatives, as used in this permit, means the permittee or any future transferee, The term * i “this office” refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted “: activity or the appropriate official of that office acting under the authority of the commanding officer. . ‘ } i { ‘4-870537 ° (Humpy Creek 1) - be > By me You are authorised to perform work in accordance with the terms and conditions specified below, | | “Project Deseription: -..Place approximately 50 cubic yards of fill material: (shale, | graywacke, silt, clay, and rock) below the ordinary high water mark of upper Humpy | i } ‘Creek in association with the construction “of a’ small hydroelectric: aon’ on iy“ Creek to generate electrical power fot for the city of Larson Bay. .-. ..,.- 2 ements womens oe owe TTR TUR Ree OTST sae are Se All work will be performed in’ accordance with the attached’ plangt3 August 12, 1988. °. i: pee Dee Fe ed ate Bpene ed Bang Ar wees tone ere SRER Us NG na. ome Sami = Ser Project Location: Upper Humpy Creek approximately 1.5 miles south. of the city ae gy ah: stetrs v Seat) Fe kl far chutpenet (oo Meridian. | aan a esis Pee ped TOTEM MNT AMEE ET TEI? 2 we Permit Conditioms:® St, General Conditions: . . _ A : : pa . . . : 5 Sa ws aes pang ing Soe Dae cas was os 198 ez jon tind thet you need mars time bo soeplote the authorized setivity, submit your request for 8 time extaneion to this ofTien foe eovaiderution ot lnet one month defers the shore date fe reached. . > . og cee nates lata gas barre iw b, Ken Cas nsladale ha bathing Ueland iy ik joel W een ennek Ma cee ls in onsale Hone of tide porentt, You are met retiered af this requirement if you absadon the permitted petivity, althesgh yea may mabe 2 ged futth tnnater te 0 third party tn eompliance with Gomera} Condition 4 beter. Shouht pom wih to enene ho maletaly De nartretemd eathtny on shontl gon Garten to abandon i without 9 good MMA transfer, pee mmet odinin 9 muetitiettien of Dela manent theme thts efron, with mm mgmt pentometiom of tha Aree, & & pe icone iaeteel tiearen Snushien widaitetiah niign eile enamalitied te wiadia etiaihalie HR rnsAnT, Seon pent emantanstaadety mavetsty Min afta af seiko promt anmn Dvwnsedh We wot tastcmtin Whe PRantinneed spel qiantin oneiien Chante, ee RS A aE SN Ne a Se a OTE sh tripe Pagerran pene tonya HieRee, ene MY eh Pelion ee shih et Aan A PRO IPH Seton > jose A “A, Lt you sll the property sooclated with this peralt, you most obtain tbe sgnture of the ew owner In the space provided and forward | a copy of the permit to this office to validate the transfer of this authorization. : js 5 S17 4 essittioned water quali) chticioation hes been lanied fee your projest, you mast eoniply With ths Sonsditions opoetiod ao In the certification as special conditions to this permit. For your convenience, a copy of the certification Is attached If It con- tains such conditions, 8 ee eo eee 6. You must allow representatives trom this office to nepect the authorised activity at any time deemed necestry to easure a SaleaLnges bas Mechanar tea Rtas hoc Ma Pee Bt Conditions: ‘1. That no camps (overnight and/or food service facilities) shal] be “placed at the construction site. All construction personnel shall leave the construction area at the end of each day. : nat/no refuse disposal (including burying of trash) shall occur at the construction site. All refuse shall be transported off site for proper disposal at. “ithe village's sanitary landfill. 3.". That the permittee shall provide the State of Alaska, Dam Safety Office, with a , dam break analysis prior to construction. If the hazard potential as determined by “the dam break analysis {s high or significant, the permittee shall eae the Sac Safety Office with construction plans and specifications, : a” yess, 1SRSS0RENEL Fist to, construction.=- testee erg! DS ai eee “e a eee SMaaincyy apie ay ; Section 10 of the Rivers and Harbors Act of 1899 (33 U.8.C. 408).” re nies oe Section 404 of the Clean Water Act (83 U.8.C. 1344). '() ‘Bection 108 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.8.C, 1418), : . WI} AOKK Mf] ] VG DGLLOLWEG- JU SCCOLQSUCS MICH FUG SEescUEY byguZ’..3. 2n6es2" qsr6q 8 Lmatts of this euthorastion. | a This Permit does not. obviate the an to obtain other Federal, state, or lee sutborizations <n by laws -, This permit does not grant any property rights or exclusive privilege, : ¢, This permit does not authorize any Injury to the property or rights of others, @. This permit does not authorize interference with any existing or proposed Federal project. 8, Ltmits of Federal Liability. In issuing this permit, the Federal Government does not assume any Lability for the following: a, Damages to the permitted proect or uses thereof a0 a result of other permitted or unpermitted activities or from natural eauses, 7 ee - * 2 hy Damages te the permitted profest or uses thervol asa result of current or future activities undertaken by or en behalf 4 the United Staten bn the public interest, soe @, Demagee to pomons, property, or to ether permitted er unpereitted ontivitien e¢ otresturen camend by the antiviny oorttcerdicat Yeo hls peer, 0, Dewtign te sonatometion daftet ancctan pmaslahed with the gormitind park, % e - t ¢ Pen Dat eProp emUTNMIA EIEN Oma OR MRE ee ~— eames diiaeens bh pene eg @, Damage claims associated with any future modification, suspension, or revocation of this permit, « 4, Rellance on Applicant's Data: The determination of this office that issuance of chis permit Is not contrary to the public neice ree pois tn qwsenc Set Mil action yon praca so , 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant, Cireumetances that eosld require a reevatzstioa include, but are not limited to, the following: a" You fall to comply with the terms and condltons of thla permit b The Information provided by you In exppet of your permit applction proves to have been file, compet, or a inacourate (See 4 above). . Biglficant new laformation mracu which ths ofc didnot conaider i racing he oral publ Intra dco Sach a terveivation may result In a determination that Ie Sesnppasascterbs men; ihe snagaaton, mallitiaiiian, nl eevenstiois procedures contained In 33 CFR 325.7 or enforcement procedures such es thoes contained in 33 CFR 326.4 and 326.5, The referenced enforcement procedures provide for the fesuance of an administrative order requiring you to comply with the terms and conditions of your permit end for the Initiation of legal action where appropriate, You will be required to pay for eny corrective measures ordered by this office, and If you fail to comply with such directive, this office may in certain situstions ot Fee ae meee eile laaadr cand laden drama mates eige a hes cost, © ; 6, Extensions, General condition 1 establishes a time Umit for the completion of the activity authorized by this permit, Unless alu : there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public Interest 4 decision, the Corps will normally give favorable consideration to a request for an extention of this time Umit, | . Your signature below, as permittee, Indicates that you accept and agree to comply with the terms and conditions of this permit, : ie, ; Liz LAV-EF ! \ (PERMITTEE) AND. TITLE (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has sined below. hth, arceng April al FOR(DISTRICT BNGINEBER)VColonel William W. Kakel (DATE) Timothy R. Jennings, Chief, Northern Unit Permit Processing Section Ragaiesiey Branch the structures or work authorized by this permit are still In existence at the time the property Is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated Mabilities associated with compliance with its terms and conditions, have the transferee sign and date below, (DATS) | (TRANSFEREE) APPROXIMATE MEAN OECUINATION, 1952 t } 8 urpese: Provice Project Vicinity Map & Pesposed Hydroelectric HydsseLecczic Location Map Diversion Dam Power to the Cit; Inz: aiie 2.7 Rumpy Creek of Tarsen Say City cl Larsen Bay 3rassen Ba .. 2.0. 32cx 8 sdiax Island gem: “LM Larsen Bay, Ax 99624 Sas F, TILT, RAIN SH ecnarea ee nena nanan enn tN OR ESE ERATE IEEE RELEASE ELA ETO AAA A A scien atome ng ition tea 7 Barer Aug 32, 2998 heas 3 32 3 monsrr_A__« me tion me wap weer on ere nt Purpose: Provide Dam Plan View Hydroelectric : Scale: 1°=20’ Power to the City of Larsen Bay City of Larsen Bay P.O. Bex 8 a Dacsa: MLA Larsen Bay, Ak 99624 t Cate: Avg 12, 1988 eR ARN IN NEST APIS SITE TAN TIA NI We BARTER oo ey OR, en yl NE SAM Proposed Hydroelectric Diversion Dam =~ In: mile 1.7 Humpy Creek At: Larsen Ba Kodiaz Tsland Sec 6,T31S,R29W SM Sheat 2 of 3° pamerr- 4 Pre 5 o¢ & cypgemnsigtnemoll serps, een) tN DASA RAR FMEA FAT CUP TERE I FRANCA PN TNO PANE A ea NERS SA <P BPM ECA HUI eR 1 eee ane ENE HOE CY »ose:. Provide: | Dam Section Proposed Hydroelectric ro@lectric = *. Scale: 1"=6/ ne - Diversion, Dam’ gxr-to‘the City - ‘ » Ins Humpy Creek, (mile1.-7) en Bay: >. City of Larsen Bay At: Larsen Bay.*": RS P.O. Box 8 Kodiak lsland ams. MLW. : Larsen Bay, Ak 99624 Sec 6,7T318,R29W SM Date: Aug 12, 1908 Sheet 3 of 3 .. - Proposed Hydroelectric . .. . Diversion, Dam - . Int Humpy Creek, (mile1.7) City of Larsen Bay At: Larsen Bay.*1: P.O. Box 8 Kodiak Island Larsen Bay, Ak 99624 Sec 6,T31S,R29W SM Date: Aug 12, 1988 Sheet 3 of 3 ; LAC ROR SP RET as elaet aN SPECIE aN AA » PPO NE Ce 4 aw rt Beate ARH a os st if ASSERT ~ RARE oP MAREN ote: sine Phat hb hia oa ; “4 LEASE AGREEMENT This Lease Agreement is made this day of * , 1989, by and between Koniag, Inc., an Alaska corporation ("Lessor") and the City of Larsen Bay, a municipal - corporation ("Lessee"). fe = WHEREAS, Lessor is the owner of the surface estate to certain lands in Sections 5 and 6 of Township 31 8., Range 29 W.,° : Seward Meridian, as the successor-in-interest to Nu-Nachk-Pit, ‘Inc., ~ the Village Corporation formed for the Natives ‘of: ba en. Bay pursuant to the Alaska Native Claims settlement Act ty ‘and the lavs of the State of Alaska; and st WHEREAS, Lessee wishes to.construct and operate a \ hydro-electric power and water project ("Power Project") as . generaily described in the U.S. Arny Corps of Engineers Permit “ @ated April 21, 1989, . attached hereto as Exhibit A and incorporated herein by reference, to provide for the electrical power and water needs of the residents of Larsen Bay; and WHEREAS, the. above-described lands include the best location for the Power Project; and WHEREAS, Lessor desires to make certain portions’ of these lands available to Lessee for the construction and opera- tion of the Power Project; NOW, THEREFORE, in consideration of the mutual cove- nants end conditions contained herein, and ether good and me Nea mea Ne sare sandenneeeneseinagnmiadammeneamedae ie eae ee ee agg et! Pete RD ES SALBE RNG sian s eniree cat iatnccrmetner ston occ tin ROEM ebay wat d : valuable consideration, the receipt of which is hereby acknowl- . : ‘edged, the parties agree as follows: Bi fd kia Sag 1. Description of Leased Lands. Lessor hereby grants. Lessee a ‘temporary lease to those lands described in Exhibit B, attached . hereto and incorporated herein by reference ("Leased ; Landa") *: for. the purpose of constructing ‘the Power Project. Upon Cc npletion ‘of construction, Lessee shall have performed, at its , - sole cost and expense, an as-built survey of the land. actually Sccupied by the Power Project, together with such additional land, if any, as is necessary to allow Lessee to operate, main- tain and repair the Power Project. The as-built survey shall be prepared by a peatnmeinnk? surveyor and/or engineer Licensed to practice in the State of Alaska, and shall be completed no later “than sixty days after substantial completion of the Power Be} “8 Project. A copy of the as-built survey shall be provided to Lessor upon completion. Lessor shall have fourteen (14) days to raise any objections to the as-built survey. In such event, 2 Lessor and Lessee shall meet as expeditiously as possible to — attempt to resolve Lessor’s obligations. Upon resolution of Lessor’s objections, or, if Lessor has no objections, upon receipt of the as-built survey, a copy thereof shall be denom- _dnated as Exhibit B-1 and substituted for Exhibit B. From that time forward, the term "Leased Lands" shall refer solely to the lands delineated in Exhibit B-1. 2. Term. The initial term of this Lease shall commence as | of the date of execution of this Lease and shall expire on epemaneemaataaneaudaccnaeceaee eae 2 meena tne ote man RE Pay eR NR Wien he Macs Re RAD De ans 4 | December 31, 2039. ("Term"), unless sooner terminated pursuant to he December’. 31, 2038, unless otherwise terminated pursuant to 3 RIESE “ "Be Rent. ‘Lessee agrees to pay Lessor rent of One Hundred OR: before January 1 of each year to Lessor at the address listed oe An’ paragraph 31. fau ts. Lessor shall have no liability or obligation with or its. eel or suitability for the Power Project. i Use. of Leased Lands. Lessee shall use the Leased Lands solely for the purpose of eames and operating the Power i Project, “and ‘tor no other ‘purposes whatsoever. 6. Cooperative Agreement. Lessee acknowledges that the 2 Leased Lands ‘are located within the exterfor boundaries: of the Kodiak National Wildlife Refuge and are subject to Section 22 (9) of. ‘the Alaska Native Claims settlement Act ("ANCSA") and any and all. lawful regulations promulgated thereunder. Lessee agrees to execute that certain Cooperative Agreement between the United States Fish & Wildlife Service, Koniag, Inc. and the City of Larsen Bay ("Cooperative Agreement") attached hereto as Exhibit ¢ 20-year Term upon such terms and conditions as are acceptable to. ; Dollars: ($100. 00) per year ("Rent"). The Rent shall be paid on respect to the condition, maintenance or use of the Leased inna! ty " paragraph 23. Upon written notice to Lessor on = or bowore ‘paragraph 23, Lessee may renew this Lease for an additional . ‘Acceptance of Leased Land. Lessee has inspected the - : Lea tana: and Lessee accepts the same "as is" with all of its. ee eee Ree: SPM TOMS nin mee epee m1 20 ee NSARM NRTS rR esaas ni yprenatae ete ewe era ne a ' - ” Rw aes * ROA RAS IU toes takes Nadhag eai yin " “and incorporated herein by reference, and to fully abide by its terns. 76. Notice of Construction and Operation. Lessee -shall notify, Lessor and the United States Fish and Wildlife Service: ("Service") ae least ten (10) days prior to (1) commencement of construction. activities, (2) substantial completion of Power Project, (3) tinal completion of Power Project, (4) completion of : raclanat ion/revegetation activities pursuant to paragraph, 9, and : (5) “commencement of operations. Such notice. may be by telephone, but: shall be confirmed in writing. ‘ 8. Pernits and Consents. Lessee shall obtain any and all “pernits,, consents or other governmental or regulatory authoriza- : tions” necessary for the construction or operation of the Power project and shall comply with the terms and conditions of the. ‘game. Lessee shall immediately inform Lessor of any Parente, consent, authorization, law, ordinance or regulation which sSernes any potential taney either primary or secondary, upon Lessor as ‘owner of the Leased Lands. Upon request of Lessor, Lessee shall provide a bond or other financial assurance satisfactory to Lessor to protect Lessor..from—loss in _the_event.... . liability is imposed. 9. Clean-up, Restoration and Revegetation. At the conclu- sion of the construction of the Power Project, Lessee shall _ clean-up all construction materials and debris and shall grade the land to approximate the general features of the surrounding landscape to the extent possible, consistent with the operational and maintenance needs of the Power Project. Lessem shall cae trot ot Lb rege ee oe es naam rt sone et EA _revegetate the soil using Native grasses and shall take whatever actions are necessary to insure that the revegetation is succéssful. : Lessee shall take such other and further reclamation anda: restoration activities as are necessary, if any, to restore: a2, and, rehabilitate any damage to natural resources occurring as, esult of the construction or operation of the Power Project. ‘10. f : Uae, Occupancy and Care. At all times during the tern hereof, Lessee shall: - keep the Leased Lands and the Power Project clean, safe and orderly; (b) conduct activities upon and generally maintain the _ Leased Lands and the Power Project in such a manner and with such care that injury to persons and damage to property does not result therefrom; (c) not use or permit any part of the Leased Lands or Power Project to be used for any unlawful or unauthorized - - purpose --nor- perfora, —pernit_ -or suffer _any act . Or -: oa omission upon or about the Leased Lands or Power Project which would result in a nuisance or a violation of any applicable laws, ordinances or regulations; (a) comply with municipal, state, federal and other govern- . mental laws, statutes, ordinances, rules and | eeeeneenmerrpmen mane Pr kgm ee 28 er Hem anagem tee Aika MEY AP HROL: H e RE regulations of whatever type and nature, including but a not limited to § 22(g) of ANCSA; “not cause or erase any waste, damage or anieey to the: Leased Lands or Power Project. not generate, use, store, transport or dispose of any. ‘ naeexeee substance or hazardous wastes, as those terns ‘are “defined under applicable federal or state: law, on the Power ‘Project or Leased Lands. 11. Maintenance and Repair. Lessee covenants throughout. i: the term hereot, at its sole cost and expense, to properly, keep thé: Leased Lands and Power Project in good maintenance, repair, ae order, and condition. Lessee acknowledges that Lessor has no % ‘reeponashiiiey to maintain the Leased Lands or Power Project. during the term hereof. . 12. Utilities. All utility costs shall be the sole respon- : sibility of Lessee: Met ag ge Right’ of Access. and_Inspact Lon,-- kessor-ené-the-Sexvice shall have the right to enter. upon the Leased Land and the Power Plant for the purposes of inspecting the construction and opera~ tion of the Power Project and determining compliance with the Cooperative Agreement and this Lease. Lessee shall have the: right, but not the obligation, to have a xepresentative present @uring any such inspection. ewe is oe Se te Sei mt aaNet ok MAAN TAD Ree ay et a eer “24. Ass iqnnent_ and Subletting. Lessee shall not sublet, “mortgage, pleage or assign its nights under this Lease without the prior. written consent of Lessor, ‘which consent may be. with- sheld in: its gole and absolute discretion, and’ any purported . aubleas 7 mortgage, pledge or assignment without such consent. : shall be void : oepiy? og 15. tens: Lessee shall keep the Leased Lands and any part “thereof free. from any liens or similar encumbrances for labor or materials deteted or supplied upon the express or implied request of Lessee. Should any such lien be recorded or should a lien be “recorded by Lessee, Lessee shall forthwith and within ten (20): ‘days of learning of such recording cause the same to be cancelled . nd | discharged of record. Alternatively, Lessee shall provide ‘Lessor with written proof of the ‘existence of an appropriate surety bond written by a corporate surety qualified to do busi= ness in the state of Alaska, in an amount equal-to not less than _ 150% of the amount of the lien, Such surety bond shall be in aver of Lessor or the lien claimant. Lessee shall take all - steps necessary to have such lien released or judgment resulting 16. Taxes and Assessments. Lessee shall be responsible for and shall pay promptly when due any and all general, special, real property and possessory interest taxes and assessments levied against the Leased Lands and/or the Power Project. 17. Insurance. Lessee shall obtain and maintain conprehen= \ sive liability insurance in an amount satisfactory to Lessor. Lessee shall have Lessor named on the policy as an additional Bi ppnow ite NMEROIEE RE Spake aa NC aa koh eee eR AED Et ORME oS RP oe era Ae OM pe tem ES evidencing the same. Lessee shall keep such insurance in effect at all times, and shall immediately notify Lessor of any ternmina- sie tion or change in the insurance. All insurance coverage here-- : 4 f under shall be primary to any insurance carried by Lessor. =s & et ee ‘18. . Indemnification. Lessee shall save, protect, “hola : harmless, indemnify and defend Lessor of, from and against any and ail clains, liabilities, damages, costs or expenses, includ- ing. but not limited to attorneys fees, for injury to or death of ; any person or damage to property, howsoever and by whomsoever we pp caused, including but not limited to damage to the Leased Land ae insured, and shall provide Lessor with a certificate of insurance itself, occurring in or about the Leased Lands or Power Project or: as ‘a result of Lessee’s activities on the Leased Lands, # including but not limited to both active and passive negligence. Lessee shall further save, protect, hold harmless, indemnify and y A a g defend Lessor from and against any and all damages sustained by 2 Lessor arising out of Lessee’s failure to comply with any law, i regulation, permit condition, or the Cooperative Agreement. 19. Surrender of Leased Lands. Lessee, on the last day of the Term, or upon earlier termination of this Lease, shall peaceably and quietly leave and surrender the Leased Lands in as good. condition as on commencement of the Term, ordinary wear and tear excepted. 20. Fixtures and Improvements. Upon termination or expir- “ation of this Lease or any extension thereof, unless otherwise™ @ requested by Lessor, Lessee shall promptly, at its own cost and: expense, remove the Power Project from the Leased Lands. If ~e« monnr_8___ eerste penny nei tem et Mee Rm rec: RMON - ae le nla i at ae ar if strats Pi eyo eR AI ROPER #: > tet gpa ng eds Mat le SATE TE SAG BRI One ee ARAN, “Lessee apices to remove the Power Project within tvelve (12) ‘months after termination or expiration, Lessor may, at its option, niches (1) have the Power Project removed, with all costs ". dneurred “in such removal to be paid by Lessee, or (2) elect to. eer, the Power Project, in which event the parties ‘agree that. this. Agreement shall constitute a quitclaim, by Lessee to Lessor, of all Lessee’ 8s right, title and interest, if any, in and to the ‘Power Project and any other improvement located upon the “Leased Lands. Lessee further agrees, in the event Lessor elects: to keep ‘the Power Project, to execute such other or further documents as y are necessary to transfer its interest in the Power Project and: any. 7 other improvenents, together with all authorizations and EA pernits relating to same, to Lessor. , 4 21... Termination. Unless otherwise terminated pursuant to paragraph 22 of this Lease, this Lease shall terminate at the eppiration © of the Term of this Lease. 22. Default. “AL _The occurrence of one or more of the “following events shall constitute a default and breach of this . Lease by Lessee: é “(1) Violation or breach or failure to keep or perform any i ahs a covenant, agreement, term or condition of this Lease which shall continue or not be remedied within thirty (30) days after notice thereof is given by Lessor to Lessee} re (2) Dissolution or reorganization of Lessee into something © other than a state-chartered municipality; (3) The permanent cessation of the construction or opera- . tion of the Power Project; for purposes of this provision, a permanent cessation shall be deemed to be “the cessation of the construction or operation activ~-. ities for a ‘period of two consecutive years “unless Lessee provides written justification acceptable to Lessor that permanent cessation has not occurred}; (4). The use of the Leased Lands for any purpose other than that specified in paragraph 53 “(5) Failure to comply with any of the provisions of the Cooperative Agreement. B. Upon the occurrence of a default as defined in "A" ores Lessor may vat Lessor’s option declare Lessee’s rights terminated and may—re-enter- ‘the- Leased Lands and Power Project, using such force as is necessary, wad without further notice, remove all persons and property from the Leased Lands and repos- sess Lessor of Lessor’s former estate. In such case, Lessor ; shall be deemed to have an immediate right to possession of the Leased Lands and Power Project and Lessee shall peacefully surrender the same. No judicial action shall be necessary to effect such termination. AEP ania AE Medan nb ede ne MS ah: as ee SA AS WOH RAS Raw omenatrideusmend ate i) LTE Af SY Sig On PT) SOE Beene ase! UL AINE: oA RESEN Cc. such re-entry and termination nokwithetandlne, the a liability of Lessee gor payment of all amounts required to be ~ paid by Lessee under this Lease, including payment of the full ‘rental’ provided herein for what would otherwise have constituted the balance of: the ‘Tern of this Lease shall not be ‘extinguished and. Lessee shall make good to Lessor the expenses and damages . suffered by Lessor as a result of the default and repdaaeanichs x including but not limited to attorneys fees. . e Lessor may, but shall not be obligated to, relet the Leased. Lands or any part thereof in the name of the Lessor, or ' PER Ee, otherwise, for “such term (which may be greatar or less: than the period which would otherwise have constituted the balance of the Term of this Lease) and on such conditions as Lessor may deter- : mine appropriate, and = collect and receive the rent therefrom; ee Lessor shall. not be responsible or liable for any failure to “relet the Leased Lands or any part thereof, or for any failure to collect any ‘rent due upon any such reletting. D. In the event of default, as defined in subparagraph : A, Lessor shall have such further and additional rights as are i ., provided, by law. be 23. Costs Upon Default. In the event a party shall be in default in the performance of any of its obligations under this Lease and an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other party all the ex- penses. incurred therefor, including a xeasonable attorney’s fees. 24. Cure of Default by Lessor. Lessor may, at the expense of Lessee, cure any default by Lessee hereunder, but shall not be Yea wll wonsr_6___ { Pogo! ne fon, i i Iason ROUEN SERENE nina ape ATEN MIRED is CNET OT nah ae RTP EPS net ney Dt e oe ate a I me Ba yi H1ghSoseh Sen nA Let prayer required to do so. Lessee shall reimburse Lessor for all amounts expended. in connection therewith, including attorney’s fees and other incidental expenses. Such amounts, together with interest at the noxiatn lawful rate of interest shall be deemed due and payable es thirty (30) days of request for payment by Lessor. 25. attorneys! Fees, Costs and Expenses. * In the event either party brings or commences legal proceedings to enforce any “of the terns of this Lease, the successful party in such action shall receive from the other, in every action commenced, all reasonable expenses incurred, including but not limited to 2) eee attorneys fees. In the event either party hereto shall without fault on 4 1 * iis part be. made a party to any litigation commenced by or tyra : SEE against the other party hereto, then such other marry shall pay all costs and reasonable attorneys’ fees incurred or paid by the, first party in connection with such litigation. 26. Rights or Remedies. Except insofar as is inconsistent = with: or contrary ts any provision of ‘this Lease, no Fight or remedy herein conferred apon or reserved to a party hereunder is intended to..be.exclusive of. any other right or-remedy, and. each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 275 Waiver of Sovereign Immunity. Lessee waives any and all sovereign immunity which At might otherwise possess with respect to any action relating to or arising out of this Lease or the Power Project. 7 Soh : ae. Waiver and Forbearance. No waiver by a party hereto of : any breach by the other party of any of its obligations, agree- F ments or covenants hereunder shall be deemed to be a waiver of h ‘any subsequent breach of the same or any other covenant, agree-, ment. or obligation.” Nor shall any farbaaxance by a party to seek Es ne renedy a any breach of the other, party be deemed a waiver by | the first. party of its rights. or remedies with respect to such » breach. ; i “29. : Successors~in-Interest. Unless otherwise provided ol herein, this Lease. shall be binding upon and inure to the benefit Ay of the: ‘respective, heirs, successors and assigns of the parties g BerertPs Any transfer or. conveyance of Lessor’s interest unless ‘the ‘specific language of the conveyance or transfer document otherwise. provides, shall operate as a complete ivennfen of all a of Lessor’ right, title and, interest in and to the Leased Lands, ‘and all its rights, duties and obligations under this Lease, : and Bak Les or ‘shall ‘have “no further eoiaganert to Lessee under this | Lease vas of. the effective date of the conveyance. ae Notices. Any and all notices required or permitted pandas. this Tease, unless otherwise specified in writing by the party, whose address is changed, shall be as follows: Lessor: KONIAG, INC. 4300 "B" Street, Suite 407 Anchorage, Alaska 99503 hans ssmecenrsynranelye yin Cn Peawhaa ere ge Cp Ure em mc este: BORSA ® tr “DR Ph aecstensers oe eee Lessee: CITY OF LARSEN. BAY Larsen Bay, ? Alaska . 99624 aa. Representations and Warranties. Lessor represents that p into, and perform all actions contemplated by this } Lease. Lessor further’ Ve recente and warrants that this Lease has been duly “executed by an ‘authorized officer of Lessor, with full power and i authority to execute the same, and that no additional consent: or authorization is necessary for the performance by rs of this Lease and the obligations herein. ‘Lessee represents and warrants that it is a municipal corporation ‘and the governmental body for the community of af Larsen B Bay, duly organized and authorized under the laws of the State of Alaska; with full power and ‘authority to enter into this Lease © and the actions contemplated hereby. Lessee further represents that this Lease has been duly executed by an autho- rized official of Lessee, “with full power and authority to execute the same, that the Lease and its execution by Lessee is in compliance ‘with all applicable laws, regulations. Tand ordi- 7 “ nances, ° and that no additional consent or authorization is necessary for the, performance — Lessee of this Lease and the obligations herein: 32. “Jurisdiction; Relief. This Lease Agreement shall be construed and enforced in accordance with the laws of the State of Alaska. EXHIB» E, as 7 Page LY ot le _rasee > : “ on8 sa peayiaigh Nici . Ls noseh Poet aR 015 AY tof bye ed adn wedi BLAS eae! aga Ba MIE Akg Ba esto te eee EAM? 7 eee + 4 % as PE eh hE 33. Recording. The parties shall record this Lease in the Kodiak Recording District. 34. Miscellaneous Provisions. (a) This Lease contains all of. the agreements and conditions made between the parties and may.. not be modified orally or in any manner other than an agreement . a in ‘writing signed by both parties or their respective : ‘successors-in-interest. (b) , Each oo and provision of this Lease shall be ; construed. to be both a covenant and a condition of this Lease. fac : : (c) Time is of the essence in each term and provision iia _), of this Lease. IN WITNESS WHEREOF, the undersigned have caused this Lease Sclgpee © to be executed in duplicate as of the date and year hereinabove first ‘written. LESSEE: CITY OF. LARSEN BAY LESSOR: KONIAG, INC. Mia fe By: MES: : * . Its -15< ebsdaal Sep ttn abc ihe feel ME Toa SR RE EE 1 05 by Fil im adhe nina EL et PE VAIN STATE OF ALASKA ) : mem ). 88. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 1989, before “me, the undersigned, a Notary Public in and for 4 . Alaska,: personally appeared ' to/me:known and known to:me to be the . of. CITY OF “LARSEN » BAY, ‘the corporation aed in. the . foregoing - Lease ‘Agreement, and he acknowledged to me that he executed the foregoing Lease Agreement on behalf of “said corporation for the uses. and purposes therein stated. Het in pebis certificate first above written. Notary. Public in and for Alaska My. metas Expires: STATE, OF ALASKA a) ) ss. 5 THIRD JUDICIAL DISTRICT ) : “THIS Is TO. CERTIFY that on the day of 1989, before’ me, the” undersigned, a Notary Public in and for Alaska, personally appeared~: ji to.me known and.known. tome to be the of | KONIAG,~ “INC. the: corporation named in the foregoing Lease - Agreement, and he acknowledged to me that he executed the fore- going ‘Lease Agreement’ on behalf of said corporation for the uses and: purposes therein stated. 3 ‘WITNESS my hand and notarial seal on the date and year in this certificate first above written. Notary Public in and for Alaska My Commission Expires: 26 mom 8 rem nRCERR AMR I olny RPA RERBAENS rene a t annem etree rte RRR pep SEE RaT Pr eA TSE "WITNESS my hand and notarial seal on the date and year | rss Pega mae yer eter ma Altogether aggregating 88.75 acres. Printers emer 0 neyhrtpal mtestnt one nent tN MERE Hr mr NES tpl. | mR pode! ot trem ‘Sceeeecetmrnameeentietet Mean HMMS Hane tak Ins coabeigeimmabe oe ET SEAN TIRE RO BR MALIN ENAY | SPOT AR Ut Pe: ESA HN CRU f > ve tas ce ha aie ee ee ee ee en let Biche ate os, ea PE Ts Tb sS82> Pa A POCA bY | WY fej 2 Oy TT PNET Cesk i888 ets | P11 rae Taye LA rt ee | Ci PT erry 2 “ aera oF teh whe LY rh PTT PTPrTr ee Lt EL Wee ttt) errr Co ee Da Toye Pit aye letal ly | bets deg i 4 { o rae ea recip nea tee TTT pte ee algal PP arr ECHR REE ECE ELH fe hemp ec Shes (usenet ba an PRR | rT yt Leh CT {ote Se ol reeled se ae Ly | tT | TT cn 54-4 ets & U ie PUTT edhe Te s {I i i i. = = N a ce \ Ey Z ° — is imi 7 6 ri tte a A a al ' ¥ 7 +— u - | Si allie mx) f : 1 | _ aes 1 : | BH S eteeceete pee creo oN he bo ore ECE _! cub one cei ain RiP PETS Pee Sateee Poeiee | aimee eee hey Ty pet rs RRMrOre Cerne tT TIT CTL Tad tok ist § herent al arnt chet bd aas taba eed ett as Eth ae Hee mist | PN Tarr ray as Tee Ratt ( debt t its loo] erat) Chien rd dAamene pe oes An mates bsoteatay pum secret ae mrrm sytem ee te re Senet At SNES oye x ’ . . $ ° e ty oye f : . ° bat a 5 <<" 1. "Qe 3.” a4 Las 6. eT 9184r EXHIBIT C LARSEW BAY SHALL HYDROELECTRIC PROJECT COOPERATIVE AGREEHENT STIPULATIONS AND MITIGATION MEASURES 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, will be constructed to prevent: ~~ motorized vehicles from using the penstock trail. A third gate will be required if an additional road or trail is constructed to access ‘the . dam site. The specific location of the gates will be determined following a Saint inspection by the Service and Larsen Bay authorities. The gates will be locked at all times except to allow zarinntced vehicle access for inspection and maintenance of the facilities. No camps will be placed on the construction site. All construction personnel will be required to leave the construction zone at the end of the day. There will be no on-site refuse disposal (including burying of trash). \ All refuse will be transported off site for proper disposal at the Larsen Bay sanitary landfill. If aerial transmission lines are used they will be equipped with raptor proof poles to reduce electrocution hazards to wildlife. ALL reasonable 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 i, vicinity, oo dam site)... aren ‘ : 3 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 Bay.and. the Mervicey, for a borrow site to be oe agreed upon. Upon completion 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. AI 9 Aas APES EMI ELE OP OT PEE NEG EY LNT 0 8 Min tbe cant fee [ASP { 4: toe OEPARTMENT OF THE ARMY U3. ARMY ENGINEER DISTRICT, ALASKA ?.0, BOX 698 ANCHORAGE, ALASKA 99506-0898 toe SEP 12 1999 * Regulatory Branch Permit Processing Section 4-870537 ©» ~ RECEIVED OY, ALASKE PUNE” * 59 City of Larsen Bay og Sep 14 PAD Honorable Charles Christensen, Mayor Post Office Box 8 Larsen Bay, Alaska 99624 ’ Dear Mayor Christensen: Your application on behalf of the City of Larsen Bay dated August 16, 1988, for a Department of the Army (DA) permit to construct a solid fill dam across Humpy Creek as part of a hydroetectric project near Larsen Bay, Alaska has been activated. It has been reassigned No. 4-870537, Humpy Creek 1, which should be referred to in all future correspondence with this office. , We have determined that more information {s essential before your application can be considered complete. Please provide the following - ‘information: “a. In your previous letter of September 16, 1987, you stated the main dam. would be constructed from pressure-treated wood, with no dredged or fill: material to be placed in Humpy Creek. What are the reasons for changing the construction of the dam to solid fill? b.. Several features of your proposed project were authorized by DA Nationwide permits in our letter dated October 14, 1987. Have you completed any. portion or all of the work relating to the temporary access road, and sidecasting and backfilling associated with the installation of the penstock pipeline and the diversion pipeline?: If the work has not yet been completed, it is no longer authorized.under the Nationwide permits referenced in our October -14;:1987: letter since part of: your project (the main dam) now requires an‘ individual DA permit andthe work relating to the access road and pipelines are‘integral features of the overall: project that cannot stand alone. Therefore, if the access road and pipeline work has not been completed, you must submit plan views and cross section views of the access road and ~ pipelines showing location and dimensions of these project features.” Additionally, please provide estimates of the amount (cubic yards), source(s) and type(s) of fill to be placed at each stream crossing along the access road route and amounts (cubic yards) of material that would be sidecasted and then backfilled for placement of. the penstock pipeline and the diversion pipeline. : c. Have you changed other aspects of the overall project? Do you still plan to divert the east fork of Humpy Creek by placing a wooden structure? Would access between the diversion dam and the main dam remain a trail with no placement of dredged and/or fill material for a roadbed? Has the location of the powerhouse changed? ‘ds. Please clarify or confirm that the main dam would be on Humpy Creek in section 6 and the divers{on dam would be located in section 5. It would appear the diversion dam would be located on the east fork of Humpy Creek (if located in section 5), not the west fork as mentioned in your letter dated September 16, 1987. It has been determined that your proposed project lfes within an area which falls under the jurisdiction of the Alaska Coastal Management Plan (ACHP). Before processing of your application can continue you must sign and date the two enclosed Certifications of Consistency with the ACMP and complete the attached Coastal Project Questionnaires. Send one certification and ah completed Questionnaire to the Alaska Division of Governmental Coordination (ADGC), Southcentral Regional Office, 2600 Denalf Street, Suite 700, Anchorage, Alaska 99503; telephone (907) 274-1581, and send cne to this office at the address above. The Corps of Engineers cannot issue a permit for the referenced work without ADGC approval. Your immediate attention to this _ matter will expedite processing of your permit application. ! Upon receipt of the requested information we will {issue a 30-day public notice to solicit comments in regard to your proposed work. The Corps of Engineers. is authorized to issue permits at the District level in those cases in which all substantive objections have been resolved to the satisfaction of thé District Engineer. Periodically, letters from reviewing agencies or ‘interested parties may be forwarded to you for your information or appropriate action. Since unresolved objections to your proposed work could result in delay or denial of the requested permit, it is suggested that you respond as _ soon as zboss ible to avoid processing delay. Rigor a DA permit can, be issued for your work only after you have oheataed a Certificate ‘of Reasonable‘ Assurance, or waiver of. certification, as reauired by Section 401(a)(1) of:the:Clean Water Act. This certification or waiver :: thereof, is issued by the Alaska ‘Department of Environmental Conservation ° (ADEC) . For your convenience, we have forwarded a copy of your application to ADEC which they accept as an application for'a Certificate of Reasonable ' -Assurance. There shouldbe no delay in processing your application as the review processes of ADEC and the Corps of Engineers run concurrently. If you have any questions about ADEC's certification process, please contact them at 3601. C Street, Suite 1350, Ancnorage, Alaska 99503, telephone (907) 563-6529. SARIN ee MIT MT I : eT ee “ot . I am forwarding a copy of this correspondence to the Office of Management and Budget; Division of Governmental Coordination, 2600 Denali Street,: Suite — 700,* Anchorage, Alaska 99503-2798 and to Mr. Jerry Larson, Alaska Power Authority, Post Office Box 190869, Anchorage, Alaska 99519. . ‘If you have questions, please contact me at (907) 753-2712 or by mail at fhe address above. “ : Sincerely, Ce ae Timothy R. Jennings Project Manager ° Permit process Section * Regulatory Branch Enclosures 2 Pt a erePP - Opsina- ‘Sent de Tene: for feed LEASE AGREEMENT / This Lease “Agreement is made this fat day of Sytember _ 1989, by and between Koniag, Inc., an Alaska ve corporation ("Lessor") and _the city of ‘Larsen Bay, a municipal corporation ( "Lessee"). ‘WHEREAS, Lessor is the owner. of the surface estate to... i oxtain. lands in Sections 5 and 6 of Township 31 S., Range 29 We, a “Meridian, ‘as the successor-in-interest to Nu-Nachk-Pit, : I the Village Corporation formed for the Natives of Larsen Bay, pursuant to the Alaska Native Claims Settlement Act. Hier ies ana the laws of the, State of Alaska; and ° gag agai # WHEREAS, Lessee _ wishes | to construct and operate a ; hydro: lectric power and water project’ ("Power Project") as ih ty? generally described in the U.S. Army Corps of Engineers Permit. dated April 21, 1989, attached hereto as Exhibit A and incorporated: herein by reference, to provide for the electrical power and water needs of the residents of Larsen Bay; and . WHEREAS, the above-described lands include the best location for the Power Project; and WHEREAS, Lessor desires to make certain portions of these lands available to Lessee for the construction and opera- tion of the Power Project? MOM, THEREFORE, in conaideration of the mutual cove- nants ana conditions contained herein, end other good end Sib 8 Ma Ea so, men et mie ‘valuable. consideration, the receipt of which is hereby: acknowl-. “ed ed, the parties agree as follows: hes 1. Description of leased Lands. Lessor hereby grants - ’ Lessee a temporary lease to those lands described in Exhinit B, fs ty - “days after substantial completion of the Power a A copy of the as-built survey shall be provided to Lessor upon completion. Lessor shall have fourteen (14) days to raise any objections to ‘the as-built survey. In such event, Lessor and. Lessee “shall. meet as expeditiously as possible to attempt to resolve Lessor’s obligations. Upon resolution of Lessor’s objections, or, if Lessor has no objections, upon receipt of the as-built survey, a copy thereof shall he denon- inated as Exhibit B-1 and substituted for Exhibit B. From that time forward, the term "Leased Lands" shall refer solely to the lands delineated in Exhibit B-2. 2. Term. The initial term of thin Lease shall commence as ef the date of execution of thie Lease and shall expire on ote TL OE EET Te MeCN REIN ht | se ir menial £2 ete Sa srt «. December 31, 2039 ("Term"), unless sooner terminated pursuant to Upon written notice to Lessor on or before <4: paragraph 23% December 31, 2038, unless otherwise terminated pursuant to ne paragraph 23, _Lessee may renew this Lease for an additiona 20-year Term upon such terms and conditions as are acceptable to. Lessor. | | 4 3. Rent. Lessee agrees to pay Lessor rent of One Hundred Dollars £3220: 00) pet, year ("Rent") . The Rent shall be paid on or coneee January 1 ei each — to Lessor at the address listed ; 45 Acceptance of Leased Land. Lessee has inspected the rd Leased ‘Land and. Lessee accepts, the same "as is" with all of its : : ‘Lessor | shall. ‘have no liability or obligation with respect, to the “condition, maintenance or use of the Leased Land, "or its fitness’ or suitability for the Power Project. ‘ 5: Use of ‘Leased Lands. Lessee shall use the Leased Lands solely for the _purpose of constructing and operating the Power Project, and for no other purposes whatsoever. 6. Cooperative Jmeonent:. Lessee acknowledges that the Lenned Lands are located within the exterior boundaries of the Kodiak National Wildlife Refuge and are subject to Section 22(g) of the Alaska Native Clains Settlement Act ("ANCSA") and any and all lawful regulations promulgated thereunder. Lessee agrees to execute that certain Cooperative Agreement between the United States Fish & Wildlife Service, Koniag, Inc. and the City of Lareen Bay ("Cooperative Agreement") attached hereto as Exhibit c ET Notice of Construction and Operation. Lessee shall nati ty: Lessor and the United states ‘Fish and Wildlife Service ("service") | at least ten (10) hace prior to, (2) y commencement of. ‘construction. activities, (2). substantial | completion ‘of Power Project, Gy final, completion. of Power ‘Project, (4) completion of mation/feyegetation activities pursuant to paragraph 9, and mm aa of. gorse .Such notice may be by telephone, “8. : " permits and Gonaunte. teaaen shall obtain any and all Lessee “shall Anmediately inform Lessor of any permit, consent, authorization, law, ordinance or regulation. which Amposes : any potential. liability, either primary or secondary, upon Lessor as owner. of the Leased Lands. Upon request of ie Lessor, Lessee shall provide a bond or other financial assurance t : satisfactory a Lessor to protect Lessor from loss in the event Bence? liability is imposed. i as 9. Clean-up, Restoration and Revegetation. At the conclu- pe sion of the construction of the Power Project, Lessee shall i tg clean-vp all construction materials and debrim and shall grade the land to approximate the general features of the surrounding landscape to the extent possible, conaiatent with the operational anh maintenance meedea of the Power Project. Lessee shall ate fe revegetate .the soil using. Native grasses and shall take whatever - actions are necessary to insure’ that ‘the revegetation is ; f successful. e fs and restoration activities as. are necessary, it any, to restore a a result of the construction. or operation of the Power Project. 10. 3 Use, Occupancy land Care. At all times during the term : “nereot,, Lessee shall: (a) keep the Leased Lands and the Power Project clean, safe ‘ Leased Lands and the Power Project in such a manner and "with such care’ that injury to persons and damage to property does not result therefrom; (c) not use or permit any part of the Leased Lands or Power Project to be used for any unlawful or unauthorized purpose nor perform, permit or suffer any act or omission upon or about the Leased Lands or Power Project. which would result in a nuisance or a violation of any applicable laws, ordinances or regulations; (4) comply with municipal, state, federal and other govern- mentah lave, statutes, eriinances, rules and i ' (b) * conduct activities upon, and generally maintain the Lessee shall take such other and furthes! reclamation wy te and/or, rehabilitate any damage ‘to natural resources occurring as . ‘- regulations of whatever type and nature, including but ~ not limited to § 22(g) of ANCSA; a oko (e): not cause or. permit any waste, damage or Angury, to. the Leased pangs or. ; Power Project. (f). not generate, use, store, transport or dispose of any ‘hazardous substance or hazardous wastes, as those terms ace define under applicable ‘federal or state law, on the. 1 Power Project or Leased Lands. 113: Maintenance and Repair. Lessee covenants throughout the term hereot, ‘at ie sole cost and expense, to properly keep . the Leased Lands and Power Project in good maintenance, repair, a order and ‘condition. ' “Lessee "acknowledges that Lessor has no responsibility to ‘maintain the Leased Lands or Power Project a during the t rm hereof. 12. Utilities. All utility costs shall be the sole respon- — sibility of Lessee. 13. Right of Access and Inspection. Lessor and the Service shall have the right to enter upon the Leased Land and the Power Plant for the purposes of inspecting the construction and opera- tion of the Power Project and determining compliance with the Cooperative Agreement and this Lease. Lessee shall have the right, but not the obligation, to have a representative present @uring any such inspection. pment i stale an sirnstettentt an bin inee TOE Baaiade eass i. Dm 14. Assignment and Subletting. Lessee shall not sublet, mortgage, pledge or assign its rights under this Lease without the prior written consent of Lessor, which consent may be with- * held in its sole and absolute discretion, and any purported sublease, mortgage, pledge or assignment without such consent " » shall be void. 15. Liens. Lessee shall keep the Leased Lands and any part thereof free from any liens or similar encumbrances for labor or pate tae ordered or supplied upon the express or implied request of Lessee. should any such lien be recorded or should a lien be recorded by Lessee, Lessee shall forthwith and within ten (10) days of “learning of such. recording cause the same to be cancelled and discharged of record. Alternatively, Lessee shall provide Lessor. with ; ‘written. proof of the existence of an appropriate surety, bond alien by, a corporate surety qualified to do busi- ness. ‘tn the, rekon of Alaska, in an amount equal to not less than 1508 of ‘the “amount of the lien. Such surety bond shall be in fecuice: Lessor or the lien claimant. Lessee shall take all steps necessary to have such lien released or judgment resulting therefrom satisfied at Lessee’s own expense. 16. Taxes and Assessments. Lessee shall be responsible for : and shall ee promptly when due any and all general, special, | real property and possessory interest taxes and assessments ; levied against the Leased Lands and/or the Power Project. 17. Insurance. Lessee shall obtain and maintain comprehen-. sive liability insurance in an amount satisfactory to Lessor. Lessee shall have Lessor named on the policy as an additional aJ= ae a OAL LOL LEL AIOE eat. Bi a cdma ee insured, and shall provide Lessor vith a certificate of insurance evidencing the same. Lessee shall keep such insurance in effect at all tines, and shall immediately notify Lessor of any ternina- tion or change in the insurance. All insurance coverage here- under shall be primary to any insurance carried by Lessor. 18.° indemnification. lessee shall save, protect, hold harnless, indemnify and defend Lessor of, from and against any and all clains, liabilities, damages, costs or expenses, includ- tng. but nok limited to attorneys fees, for injury to or death of any person or damage to property, howsoever and by whomsoever caused, Ancluding but not limited to damage to the Leased Land itself, occurring in or about the Leased Lands or Power: Project or as a result of Lessee’s activities on the Leased Lands, including but not limited to both active and passive negligence. ‘Lessee shall further save, protect, hold harmless, indemnify and defend Lessor from and against any and all damages sustained by Lessor. arising out of Lessee’ s failure to comply with any law, a oe permit condition, or the Cooperative Agreement. 19. Surrender of Leased Lands. Lessee,.on the last day of the: Terk: or: upon. ‘earlier teraination of this Lease, shall peaceably and quietly leave and surrender the Leased Lands in as good condition as.on. commencement of the Term, ordinary wear and tear excepted. 20. Fixtures and_ Improvements. Upon termination or expir- ation of this Lease or any extension thereof, unless otherwise requested by Lessor, Lessee shall promptly, at its own cost and expense, remove the Power Project from the Leased Lands. If - a os ——— — -. tess0e fails to remove the Power Project within twelve (12) months after termination or expiration, Lessor may, at its option, either (1) have the Pover Project renoved, with all costs incurred in such removal to be paid by Lessee, or (2) elect to keep the Power Project, in which event the parties agree that this Agreement shall constitute a quitclain, by Lessee to Lessor, of all Lessee’s, right, title and interest, if any, in and to the Power Project. and any other improvement located upon the Leased 7 Lands. Lessee further agrees, in the event Lessor elects to keep the Power Project, to execute such other or further documents as ‘are necessary to transfer its interest in the Power Project and any,. other improvements, together with all authorizations and pernits relating to same, to Lessor. : ; 23, me rnination. Unless otherwise terminated pursuant to » parag raph, 22 of this Lease, this Lease shall terminate at the . ° expiration of the Term of ‘this Lease. x Default. ’ A. The occurrence of one or more of the ‘following | events shall constitute a default and breach of this by] Lessee: hee : (a) Violat on or breach or failure to keep or perform any covenant, agreement, term or condition of this Lease “s which shall continue or not be remedied within thirty : (30) days after notice thereof is given by Lessor to. Lessee; (3) (4) (2) (5) nO EL, IE Dissolution or reorganization of Lessee into something other than a state-chartered municipality; ° The. permanent cessation of the construction or opera tion of the Power Projects for purposes of this provision, a permanent cessation shall be deemed to be the cessation of “the construction or operation activ- ities for ‘a period of two consecutive years unless ieeee provides written justification acceptable to Lessor that permanent cessation has not occurred; The use of the Leased Lands for any purpose other than that specified in paragraph 5; Failure to comply with any of the provisions of the Cooperative Agreement. " B. Upon the occurrence of a default as defined in "A" aver aac may at Lessor’s option declare Lessee’s rights terminated and = re-enter the Leased Lands and Power Project, ; using such force as is Edina and without further notice, remove all persons and property from the Leased Lands and repos- sess Lessor of Lessor’s former estate. In such case, Lessor shall ie deemed to have an immediate right to possession of the Leased Lands and Power Project and Lessee shall peacefully surrender the same. No judicial action shall be necessary to effect such termination. Cc. Such re-entry and termination notwithstanding, the | Mabiiity of Lessee for pay.ent of all enounts required to be “ pala by Lessee under this Leave, including payment of the full xental provided herein for what would otherwise have constituted the balance of the Tera of this im-=s,shall not be extinguished and Lessee shall make good to Lessor the expenses and damages suffered by Lessor as a result of the ‘default and repossession, -dncluding but not limited to attorneys fees. Lessor may, but shall not be obligated to, relet the Leased Lands or any part thereof in the name of the Lessor, or otherwise, for such term (which may be greater or less than the period which would otherwise have constituted the balance of the ‘Term, of this Lease) and on such conditions as Lessor may deter- mine appropriate, and may collect and receive the rent therefrom; i Lessor shall not. be responsible or liable for any failure to relet the Leased Lands or any part thereof, or for any failure to collect any rent due upon any such reletting. : D. ‘In the. event of default, as defined in subparagraph A, Lessor shall have such further and additional rights as are sicrtaad by law. 23. Costs Upon. Default. In the event a party shall be in | default ‘in the performance of any of its obligations under this Lease and an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other party all the ex~ penses incurred therefor, including a reasonable attorney’s fees. 24. Cure of Default by Lessor. Lessor may, at the expense of Lessee, cure any default by Lessee hereunder, but shall not be “jlo At RANE ea Fr tI a miceeweiean ior POCA CIM enn age AI EN NNR to sr erase | 4) Q "required to do so. Lessee shall reimburse Lessor for all amounts expended in connection therewith, including attorney’s fees and ... other incidental expenses. Such amounts, together with interest at the maximum lawful rate of interest shall ba deemed due and ‘payable within thirty (30) days of request for payment by Lessor. 25. Attorneys’ Fees, Costs and Expenses. In the event either party brings or commences legal proceedings to enforce any of the terms of this Lease, the successful party in such action shall receive from the other, in every action commenced, all reasonable expenses incurred, including but not limited to attorneys fees. | In ‘the event either party hereto shall without fault on ‘dts part be made a party to any litigation commenced by or =. against: the other party hereto, then such other party shall pay Y first party in, connection with such litigation. “, (26 6. " Rights or Remedies with or: contrary, to any aoa of this Lease, Except insofar as is inconsistent no right or remedy, herein conferred upon or reserved to a party hereunder is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any. other. right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 27. Waiver of Sovereiqn Immunity. Lessee waives any and all sovereign immunity which it might otherwise possess with respect to any action relating to or arising out of this Lease or the Pover Project. aac ett ELE LED CLIO A AITO te. ? a as a nei o> Saft Yann aeaonnaeaneet A Ee NS TH aed 28. Waiver and Forbearance. Wo waiver by a party hereto of any breach by the other party of any of its obligations, agree- ments or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agree- ment or obligation. Nor shall any forbearance by a party to seek a remedy for any breach of the other party be deemed a waiver by the first party of its rights or remedies with respect to such breach. ‘ 29. Successors-in-Interest. Unless otherwise provided herein, this Lease shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. any. transfer or conveyance of Lessor’s interest unless the specific language of the conveyance or transfer document otherwise provides, shall operate as a complete transfer of all of Lessors right, title and interest in and to the Leased Lands, he. all, its rights, duties and dutigattone under this Lease, and ; Lessor shall have no: further obligation to Lessee under this Lease as of tive effective date of the conveyance. 30. Notices. ‘any and all ‘notices required or permitted under ‘this Lease, unless. otherwise specified in writing by the party. whose address is changed, shall be as follows: “Lessors KONIAG, INC. , 4300 ."B" Street, Suite 407 Anchorage, Alaska 99503 ob Lessee: CITY OF LARSEN BAY Larsen Bay, Alaska 99624 31. Representations and Warranties. Lessor represents that 4t 1s a corporation duly authorized and existing under the laws of the state of Alaska with full power and authority to enter into and perform all actions contemplated by this Lease. Lessor further represents and warrants that this Lease has been duly executed by an authorized officer of Lessor, with full power and authority to execute the same, and that no additional consent or authorization is necessary for the performance by Lessor of this Lease and the obligations herein. mm “Lessee _represents and warrants that it is a municipal corporation ‘and the governmental body for the community of Larsen Bay, = organized and authorized under the laws of the state of Alaska, with full power and authority to enter into this Lease ‘and. the actions. “contemplated hereby. Lessee further represents that this Lease — been duly executed by an autho- rized official of Lessee,» with full power and authority to execute, the same, that. the Lease and its execution by Lessee is . jin compliance with all applicable laws, regulations and ordi- nances, and that no additional consent or authorization is “necessary for the performance by Lessee of this Lease and the ae obligations herein. 292, Jurisdictions Relief. This Lease Agreement shall be construed and enforced’ ‘in accordance with the laws of the State of Alaska. . =14@ > OD ~ hie Miscellaneous Provisions. (a) This Lease contains all ef the agreenents and conditions made between the parties and may | mot: be modified orally or in any manner other than an agreement fn writing signed by both parties or their respective ”. uccessors-in-interest. . (b) Each Term and provision of this Lease shall be construed to be both a covenant and a condition of this Lease. (c) Time is of the essence in each term and provision of this Lease. IN WITNESS WHEREOF, the undersigned have caused this ‘Lease Agreement to be executed in duplicate as of the date and year, hereinabove first written. LESSEE: CITY OF LARSEN BAY LESSOR: KONIAG, INC STATE OF ALASKA ‘Tease Agreement; and he acknowledged to me that he executed the foregoing Lease Agreement on behalf of said corporation - for the cae ee WITNESS my hand and notarial seal on the date and year in this certificate first above written. tary Public in and for aska My Commission Expires: Astraeer THIRD JUDICIAL DISTRICT ) i THIS IS TO CERTIFY that on the/ 2 12 aay of Sietemby, 1989, before} me; the. undersigned, a Notary Public in and for BEE : Alaska,‘ ‘personally appeared , tome! known” and2known;to.me to be the 4CEO : of): KONIAG INC. ;° the corporation named, in:,the forego ng “Tease Agreement; “and | he acknowledged*to me that: he executed the fore- going:Lease{Agreément on behalf of said corporation for the uses and. purposes ; therein. stated. % WITNESS my hand and notarial seal on.the date and year inthis certificate first above written. otary a c n-and. for Alaska:: My‘ Commission Expires: FEA? SE -16- SIE RA en OR a Q ie SErvaen | THE UNITED STATES FISH AND WILDLIFE SERVICE, KOMIAG, I8C., AND THE CITY OF LARSEN BAY ‘This tive Agreement between the United States Fish and Wildlife Service (Service), Koniag, Inc. (Konisg), and the city of Larsen Bay (Larsen ‘s Bay)’ is, entered iuto this day. of L 2 1989. The purpose of ‘this agreement is to establish procedures for the'use and development ‘of lands, subject to section 22(g) of the Alaska Mative Claims Settlement Act (Claims Act); for the construction, operation, and maintenance of a pricsttectine power plant’ at Larsen Bey. AUTHORITIES Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601-16243 85 1 + 688), as amended ° cerns Alaska Mat {onal Interest Lands Conservation Act of 1980 (P.L. 96-4873 94 Stat..2371): National wildlife Refuge System Administration Act of 1966 (16 U.8.C. , 668dd-668ee3 80, Stat. 927), as amended’ 2 we WITNESSETH ie, " WHEREAS, Koniag is the owner of certain lands in Sections 5 and 6 of » Township : ‘31 8., Range 29 W..Seward Meridian, as the successor-in-interest to A Pit, Ince, the Village Corporation formed for the Natives of Larsen : (cuentas: these. Lands are thested within the external boundaries of the Kodiak: National’ ‘Wildlife: Refuge (Refuge); and : WHEREAS , . section 22(8) of the Claims Act provides in pertinent part: Notwithstanding any. other provision of this act, 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 aubject to the laws.and regulations governing | use and . development of such Refuge and’ : WHEREAS, the Service, acting through the Refuge Manager, is the federal agency responsible for the management of the Refuges and os we ‘LS } SIRE ERR in Ct Pon 9 ore nema ete nomena mates Af “ WHEREAS, . the City. of Larsen Bay anes, to construct and operate a “hydroelectric power and water’ *supply project as generally described in the U,8. Army Corps of Engineers Permit: dated Ap ril 21, 1989, attached, hereto as “Exhibit: A and’ incorporated: herein by tetegace (Power Project) on portions of — the? “above-described: lands;to provide for’ the electrical pover and water needs esidents of, Larsen: Bay; and tir, - WHEREAS, Koniag has entered into a site ie lease with Larsen Bay for ‘certali Of « ‘the above-described lands, as more fully described therein, for the site for’ ‘the :Power: Projects. ‘and: : WHEREAS, the parties agree to use this ‘Cooperative Agreement to implement section’ 22(g) with respect to the construction, operation, and maintenance of | ch ower. eee ; ap “a . ¥ vs ; THEREFORE, the parties, agree as follows: ue Na HIN Fi i 1. Lease of Land of Land. Koniag and nacre Bay have executed that certain Bi lease,’ ‘dated: edi Sept (2, (2; Janq » (Lease); to certain lands owned by Koniag in Sections: 5-and 6 “of .Township 31. a, Range, 29. W. Seward Meridian, ‘(Leased Lands). “authorizing. Larsen Bay to, construct and’ ‘operate a Power Project on the ‘A ‘copy ‘of ‘the: Lease. is, attached’ “hereto as Exhibit Biand’’) | erein by. ref : Leased. Land incorporat dq ae : 2. *" sei nicevoae ded Mitigation Measures. The Service has developed ‘stipulations, and mitigation-measures,to.ensure that the Power Project does not materially: impair. the;values of. the: Refuge): including the opportunity sor continued subsistence activities. (Stipulations: and Mitigation Measures).) Mice copy .of; ‘the’ Stipulations’ and: Mitigation Measures is attached as. Exhibit: ae 34 hereto. and incorporated herein by 'reference.”: Larsen Bay agrees to! comply. with the Stipulations and Mitigation. Measures‘in the construction, operation, ‘and the; Power, poise : 4 maintenance 3. Gree bates and Cooperation. Larsen Bay, the Service and Koniag agree to consult with each other on any problems which may arise during construction of the Power Project, not addressed in the Stipulations and Mitigation Measures, that may materially impair Refuge values, and to resolve them locally on a cooperative basis. The parties hereby designate the following individuals as their representatives for, purposes of this Section: “ Service: Refuge Manager, Kodiak National Wildlife Refuge Koniagt Land and Resource Manager Larsen Say: Mayor 4, Importance of Project. The Service hereby recognizes the importance of the Power ect to the residents of Larsen Bay. S$. Mo Material Scena of nears Values, The Service has concluded thet che construc operation of the Pover Project in accordance with . the provisions of thin Cooperative Agreement wilh mot materially nd the waives for which the refuge wee estadtiohed, imeluding the epport: for ororisved ovbsictonce activities, and consequent, chet the Focee bre & dose aot vistote sartion 226g) ef the Cleima Acts ” @ Protection of Watershed. The Service recognizes that the east and Z tothe Power. Projects - The Service promises to use its best efforts, quality or a ea, of water. For purposes of this Agreement, the shed shall include ‘all lands located in Sections 5, 6, 7 and 8 Bey ; ‘Township 31 Sey, Range 29. We, Seward Meridian. / 3 Access. rey 8 ry, for. the purpose. “of? conducting the inspections authorized by t conétruct any ‘roads’ trails or other facilities for access, emporary.. ‘or ees without). the prior written “consent of Koniag. "Inspection. ‘The. parties, agree that iontas and/or the Service may eriodic inspections of the construction and operation of the Power 0; ‘determine compliance. with the Cooperative Agreement. Koniag and - “accompany. Service personnel fueing: inspections. 4h ‘ 9. Termination. This Cooperative iscoament shall terminate. in its entirety upon! the first occurrence: sof: ‘the portend Bes ae written agreenent of. “all the parties; “bs, the permanent cessation, of the construction and operation of the i * Power: ‘Project; for. “purposes of this’ provision, a permanent cessation 5. shall’ be deemed to be ‘the cessation of construction and operation®: “h activities. (incLuding’ clean-up, restoration, and revegetation)} c.: termination of the Leases: d.- a change in the exterior boundaries of the Kodiak National Wildlife Refuge such that the Leased Lands’ are outside the exterior boundaries, dissolution of the Refuge, in whole or in part, or any other action or inaction which results in the Leased Lands no longer being located within the exterior boundaries of the Refuge} or e. the repeal of section 22(g) of the Claims Act. Notwithstanding the above, this Agreement shall terminate with respect to Koniag but’shall ‘continue ta full. force and effect as between Larsen Bay and the Service upon the transfer -or conveyance of all of Koniag's right, title and interest in the Leased Lands. 10, Violations. In the event the Service determines that Larsen Bay has failed te comply with the Stipulations and Mitigation Measures, it mhall provide Lersen Bay with written noticn of the same, The Notice shall include the otipsletion or mitigation seseura which the Service alleges is being violated, the activity(s) which it dellaves causes the violation, the maseres Seabeeaseiemanctineneneaneaiad west forks of: Humpy,. Creek will: provide, drinking water for Larsen Bay ere ; Koniag hereby grants the Service a right of access onto ane hall have the right, but not the obligation, to have their agents ee : This: authorization “shall. not be construed to grant the Service eae the Service believes are necessary to. cure. the violation, and the time period for such cure. | A copy of the Notice shall be contemporaneously sent to . f Koniag. Within twenty (20) days after’ receipt of the Notice, Larsen. Bay shall provide the Service with a written response as to whether it concurs. that a violation has. occurred and agrees to the ‘cure in the manner and time ete ta A copy.of this response shall be contemporaneously provided to .In the event Larsen Bay concurs that a violation has occurred and °. the cure within’ the.time’ specified,. it ‘shall proceed to implement the: cure. In the. event ‘Larsen Bay disagrees that a violation” occurred, with . ‘the’ ‘cure, or. with. the time -period . for. such cure, . then the provisions. of; paragcaph AL shal: ‘apply. ; Dis ute Resolution. In ‘the event of a dicks taneant between any of the parties ‘arising | vunder., this Cooperative “Agreement, or an alleged breach of: : I COV: Ir including, . but not Lin ited to Violations A 0, para’ “ap ‘shall meet as “expeditiously, as possi bis 3 seri eee faith to, resolve the: ‘disagreement. In the event the: gale Successors-in-Interest. Except as. provided in Paccaraph 9, this Cooperat ‘ f binding’ see and: inure to the ‘benefit of the respects ‘ 13, So teea a Any. and all notices required or permitted under this therwise specified in” “writing” “by” the party’ ‘whose. address is changed, shall’ be® follows: Pea ic . - Refuge. Manager 1 Ea Kodiak, National Wildlife Refuge 1390. ‘Buskin: iver Road’ Kodiak, Alaska . 99615: - KONIAG, INC. 4300,"B" Street, Suite 407 Anchorage, Alaska ».99503 -. CITY OF LARSEN BAY Larsen Bay, Alaska 99624 14, Integrated Agreement. This Cooperative Agreement contains all of the agreements and conditions made between the parties and may not be modified orally or in any manner other than an agreement in writing signed by all parties or their respective successors-in-interest. 9 SM Potente: 5 agreed Ae PAS St upon stipulations and mitigation measures. - : % nee eantaeanisa emma sie = 3. 4. “Se 6a 7. ‘following a joint “inspection by’ the Service. and Larsen Bay authorities. EXHIBIT C LARSEN BAY SMALL HYDROELECTRIC PROJECT COOPERATIVE AGREEMENT — STIPULATIONS AND MITIGATION MEASURES - _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, will” be constructed to prevent motorized: ‘vehicles from using the penstock trail. A third gate will be: required: if. an‘additional road or.trail‘is constructed to access the | + specific, location of the gates will be determined ‘ The gates will be. locked at all times except to allow iuthorised spection and maintenance of the facilities. No. camps will be placed on the construction ‘site. All construction ill be required to leave the construction zone at the end of There will be.no on-site refuse. disposal (including burying of trash). All; “refu will be’ transported off site for proper een at the anitary landfill. If aneial. transaission ‘Lines are used they will be equipped with raptor ab : PECOE. poles: to: educe. electrocution hazards to wildlife. ALL. reasonable 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 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 Bay and the Service, for a borrow site to be mutually agreed upon. Upon completion of construction, all borrow sites, with the exception of the penstock bench, will be smoothed, reseeded with native grasses and left {n'a condition designed to minimize future erosion. vena = A ERED “0 92 i i 1 i tes CITY OF LARSEN BAY Post OFFICE BOx B LARSEN BAY. ALASKA 99624 This Agreement made this 22 day of 5 » 1999.5 by and between Allen Beardsle Lessor (whether one or more), and the City of Larsen aay. lie THE LEASE. The Lessor, for and in consideration of the sum of $1.00 per annum does hereby Tease to the Lessee, its successors and assigns for the term of 50 years, commencing the day of ‘iy and terminating the 22 day o FEB » 2040, the following property owned by the Lessor. LOCATION OF THE LEASED PROPERTY. The land to be leased is particularly described as follows: ¢, jomesTEAD CLAIM OF THE ALASKA PACKERS ASSOCIATION U.S. SURVEY NO. 361 The leased parcel is indicated on the attached map which is incorporated as part of this agreement. EXTENT OF THE LEASE. The Lessor also grants to the Lessee the right to enter and exit the above described property from adjacent lands owned by the Lessor for the purposes herein described, by means of roads and lanes, if any exist, or otherwise by such routes that will cause the least damage and inconvenience to the Lessor. The Lessee shall have the right to trim and cut down and clear away all trees and brush and other obstructions on the property described in Paragraph 2 as are reasonably necessary for the construction, installation, operation and maintenance of its powerplant and/or transmission and/or distribution lines. Lessee shall have the further right from time to time to trim and cut down and clear away any trees on either side of the easement described in Para- graph 2 which now or hereafter, in the opinion of the Lessee, may be a hazard to its facilities, including towers, lines, or cables, by reason of the danger of falling upon them. All trees cut down by the Lessee shall remain the property of the Lessor. However, al] brush, trimmings and refuse shall be burned or removed by the Lessee. LESSOR'S RIGHT TO USE. The Lessor shall have the right to use the property ‘described in Paragraph 2 for purposes which will not interfere with the Lessee's full use and enjoyment of the rights which it has under this Agreement. OWNERSHIP OF FACILITIES. All facilities installed by the Lessee shal) remain the property of the Lessee, removable at its option. LIENS AND INSOLVENCY. Lessee shall keep the premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee and shall hold Lessor harmless against the TE42/1041(1) same. In the event Lessee becores insolvent, bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of Lessee, Lessor may cancel this Lease at its option. 7. ACCIDENTS AND LIABILITY. Lessor or its agent shall not be liable for, and Lessee agrees to defend and hold Lessor and its agents harmless from, any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the premises by any person, firm or corporation, unless caused by Lessor's negligence. Lessee agrees to maintain public liability insurance on the premises in the minimum limit of § / My for property damage and in the minimum of $ / Milla or bodily injuries and death, and shall name Lessor as an additional insured. Lessee shall furnish Lessor a certificate indicating that the insurance policy is in full force and effect, the Lessor has been named as an additional insured, and that the policy may not be cancelled unless ten (10) days prior written notice of the proposed cancellation has been given to Lessor. 8. DEFAULT. If Lessee fails to keep and perform any of the covenants and agreements herein contained, other than the payment of rent, and such failure continues for thirty (30) days after written notice from Lessor, unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease. 9. CANCELLATION. The Lessee and Lessor may mutually agree to cancel this lease in whole or in part at any time. Such agreement shall be in writing and provided to both the Lessor and the Lessee. 10. SURRENDER OF PREMISES. When the term of the lease expires or is otherwise terminated, the Lessee agrees to immediately surrender the leashold to the Lessor. The Lessee agrees to remove improvements or chattels from the leasehold within 90 days of when the lease expires unless the Lessor extends in writing the time for the Lessee to remove the improvements or chattels. 11. HOLDING OVER. If Lessee, with the implied or express consent of Lessor, shall hold over after the expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month to month. 12. NOTICE. Any notice required to be given by either party to the other shall be deposited in the United States mail, postage prepaid, addressed to the Lessor at 3RO E. Bike Vepeel on. 923657 or to the Lessee at Box 2 Uitsen___B4y KE Peay or at such other address as either party may designate to the other in writing from time to time. 7642/1041(2) He t SOLDIEICS ALDITION AL momewreaD jf I ciyes | ' ce UNDE ACT OF WONGHE APOROFED MAY 1 tm An AN ca ees on mer ALASKA PACKERS ASSOCIAT. oN erruary “f ABOUT f MILE FROM CANXLLLY OF ALAS) ACERS | ASSOC.TION, LANSEN B/Y, KODIAK IuLAnD. | DISTRICT OF ALASKA LATIYUDT 37°97 Nem LONGITUDE 13400 Weel ' scae OnE cms omen yarunon 23°30° ns 1 AzEA 2.42 a s0avarce wy ' \. H. BEADFOW-, ‘ ' : U.S Papats © vor t 192. C. S. SORVEYOR CENERAL’S CERTIF!: | a t Survayer Cemerehs Offce, Jumiau, Alesha, pri] 6, The original fctd mates tf the rervry of the Satdiers Akditienal Hrmestood Claim of the Alaa Packers Assacahon [rem Aish (hit plat hos been made, hawe been examined and that tAey furnish such an acenret: description of said claim as will, if incorporated inte « patent, weroe fully lo identify the premises, and thal nich referecee & made therein te nat- mrad objects orf peomanent mons ents as will perpetuate and he be ina eerced, ! ‘ ' | ‘ 1 | | approved, and are on tle im [hit office; amd [ herchy certify | 1 ‘ 1 i of fart: Sat s2i8 is a correct palo =. stad fen + wilh said original held moles of the sensep Ane the san. is hereby approred. 12126 28 (Individual Form) IN WITNESS OF THIS AGREEMENT, Lessor and Lessee have signed their names or have caused their duly authorized representative to sign for them. i, Co LESSOR LESSEE LESSOR LESSEE <Z TNESS STATE OF ALASKA ) ) ss. JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this Hay of Mirch , 19¥0, before me, the undersigned, a Notary Public in and for the State of Alaska, WH) ee and sworn as such, personally appeared Len - ec t known to me and to me known to be the individu- al(s) named in and who executed the foregoing instrument and acknowledged to me that Pfe2 signed and sealed the same as (Z. voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. © 84 ey AR ‘> v < je =\ Notary Public in and for Afa a ska Oe My Commission Expires: fs stm bsree Use 7682/1003 (3) STATE OF ALASKA ) mS Si JUDICIAL DISTRICT ) 70 yf THIS IS TO CERTIFY that on this A2—day of (ELLUEMY _, 1970, before me, the undersigned, a Notary Public in and for the_State of Alaska, duly rietense and sworn as such, personally appeared Opprles YLLENSEH = known to me and to me known to be the tndividu- al(s) named fn and whp executed the foregoing instrument and acknowledged to me that V7, ei signed and sealed the same as voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above writte y' aoe Sap STATE OF ALASKA ) Notary Pub?ic in and for My Commission Expires: aska : STIPE SCC Febribre ’ 199), before me »-, a Notary Public for the State of erein uly commissioned and sworn, personally appeared ; ath whom I am personally acquainted and who 1s known to me to be the same person whose name is subscribed to the within and annexed instrument as a subscribing witness thereto and who, being by me duly sworn, PES Se nd states: That he/she; the affiant, resides in , and that he/gbar, the affiant, was present and saw SS CBHELENSEN ; known to him to be the same person(s) whose name(s) 1S/qme subscribed to, and who executed, the within and annexed instrument, personally executed and delivered the same, and he/she acknowledged to said affiant that he/she executed the same as a free and voluntary act and deed for the purposes and consideration therein expressed and that said affiant subscribed his name thereto as a witness. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. eee c in and for AJaska My Commission Expires: S; va 7642/1041 (4) ‘on your letterhead “ia The beeic onange? wee to ‘replace. ferences. “to, Alan = Beardsiey (his person) with s Ine’, with oMr J’ Beardsley entering th Coot) the Corporation. We expect A “Merch. 619905. own forsmoet of. Rio-nsahenlares pei Soe POT REAR TST, ws : Ya. ie. Bie poll tion eaposur i Ove to some recent) } perish is°one.thet ie currently exempted: ; lieverthet. t ‘SI ten? (coverages. 7 t I : ‘ (with: “tow ksePr: specificall se ; = sho ; ee gang oe 8e53 ee ae MON PACKERS. ees st ‘is the. "que fon. of. i Litigation, tnt aree of. ae “from our? generel liebility > te i ae” tes “vas brought to our atteations on January y 8, 1990, during a taleshecs cone, “versation with you, that the possibility exists arthet che Mini-Rydro Power House . - proposed location may taerioge upon the Homestead. = No. 361 ey putt te che dan site existia FER, Creek. 26 6 Geraia few ppeat gs Pere is our @ standing fe the Ralephons’ conversation, that we have sate permission/to continue as planned, the construction of the Mini-Hydro Power “Mouse in the present location, Upon the completion of the project, the property 111 be as-built surveyed to determine the exact location of the structure and documentation will be provided to you at she t: me gL fae; hat: ‘ The City “of Larsen Bay assumes the-Ent ee aed corel for and agrees to indemnify and to hold harmless from and against any and all dam- age to property, injury to or death of any end all persons and practicularly, but . without ‘limiting che foregoing, caused by, resulting from, arising out of any act or omission on the part of the City of Larsen Bay or of the prosecution of the Work hereunder or occurring 4n connection therewith and all damage, direct or. A heulting’ tothe work from whatever cause, including acts or omissions and super- i ‘visory acts of the C City of Larsen Bay, shall be borne and sustained by the City of ; Re Larsen) Bay, and the City of Larsen Bay shall indemnify and save hbkerr—tenrte ey s/E Ll harmless from \and against any and all loss and/or expense or damage which k&tene * ~Beardsley may suffer ‘or pay as a result of claims or suits by “ny third persons © against “Allen Beardsley seeking recovery for damage to property, personal injury and/or death whether such’claims or suits be based upon Alvenebeardeley" "s alleg- d.active or paysive ‘negligence or participation in the wrong or upon any alleged. reach of any statutory duty; administrative regulation. (whether ee or e ise)? oF obligation” on. the part) of Abioe-teerdel y oF : h reply or comment with your ’ acknowledgenen x4 Under tandings This 18 a preliminary Letter of Understanding to be followed.’ “by Agréement of Mutual Terms concerning this property issue.) If not in agre earn xeply with a revisions for the Mas of Laveen ney, review. : Since Hs Oks Grae jonorable Charles Chr. City of Larsen Seta a cone orm PEOPLE Y RAINE CEs _PPR-O6-'90 TUE 14114 191100 SFLION Proes thee Hink-Hydro Power House proposed location: aay geintiinne: Fupoomthe Mioesetsed: Claim Nos) 361 property. that * Kodiek Inc. own et the dam. ite existing. on ueesy ss Creek AE! IGE CS t 5 ak me ts artery st ding ‘through. th itslaphon I have your ~ permission es President © 2 ’ Packers,’ -to continde as planned, the conetruetion of th 2 Minid-Hydroa . Power \House in- present’) locatson.ii) Upon” ; 4 tees ‘the merch re poneibiitty. for. nifty, and to. “hold. ‘Kodiak’ ‘Salmon Packere oo Ine. Soropenty Mingury: StoVror death “oF. any'and)> ell ADreechculaery, ~ but? ~ without: Limiting: ‘the foregoing, . caused “by resultlng from, arising out” of any ect or omission on the party of. the City: of), Larsen. Bey or of,, the) prosecution of * tha “Wor é ‘or: occurring-4n connection: therewith and all. domege direct or: sneer teat of whetsoever. nature. “resulting Sfrom 7) performance / i he : : supervisory: acts of. posty of Lorean. Bay,? shall. be borne end! tained by the Cit £ Bay, and the City “of. Larsen Bey shell: indemnify: ‘and wae Salmon Peckere; Ino. ; ; “eny and @1l loss and/or expense or damege © » Salmon’ Packers, Inc., and its egents my suffer: or pa OF yf claims: or euits by eny third: pereane egeinst * Sine.) or ite” “ebligation: egents or. otherwise.” S Undexerenainad Bae cttncayse tht property issue. ‘ r ocats pl City of Lersen Bey. revie N Ss Ra N Po ee a Nene tao aiaaiana iii Seen a rere em es ated aaa a ae ie Bore tree STATE OF ALASMA ho Gai sail 303 RASPBERRY ROAO ANCHORAGE. ALASKA 99518-1599 PHONE: (907) 344.0541 DEPARTMENT OF FISH AND GAME FISH HABITAT PERMIT FG 91-II-0232 May 22, 1991 RECEIVED MAY 2 4 1881 Mr. Stanley E. Sieczkowski, Dir iepray Authortty Facilities Operations and enguatee n Alaska Energy Authority P.O. Box 190869 Anchorage, Alaska 99519-0865 Dear Mr. Sieczkowski: Re: Humpy Creek Hydroelectric (Sections 5 and 6, 7./31 S.s,/R. 29 W:,; S.M.) (Stream Number 254-10-10070), (SID AK881028-13A) (COE 4-870537, Humpy Creek 1) Pursuant to AS 16.05.870(b) and AS 16.05.840, the Alaska Department of Fish and Game (ADF&G) has reviewed your proposal for renewal of Fish Habitat Permit FG 88-II-0629. That permit was issued for activities associated with the construction of a hydroelectric facility at the referenced location. This proposed project entails the construction of an earthen-fill dam on the west fork of Humpy Creek, and the installation of a 5900 foot long penstock extending from the dam to a site in the lower portion of the drainage where a water driven turbine is located. Water from the operation of the turbine is to be discharged via a tailrace back into Humpy Creek at a point immediately upstream of the old fish cannery dan. The project also includes the diversion via a gravity flow pipeline of a portion of the east fork Humpy Creek streamflow into the reservoir of the west fork dam. Pursuant to AS 16.05.870(a), the portion of Humpy Creek downstream of the old tannery dam has been specified as being important for the spawning, rearing, or migration of anadromous fishes. That portion of the stream supports spawning pink and chum salmon. The mainstem of Humpy Creek upstream of the cannery dam as far as the confluence of the east and west forks and the east fork of Humpy Creek support resident Dolly Varden char. The west fork of Humpy Creex is not known to support fish. However, your proposed project should not adversely affect these fish resources if conducted according to stipulations listed below. In accordance with AS 16.05.870(d) (Anadromous Fish Act) and AS 16.05.840 (Fishway Act), project approval is hereby given subject to the following stipulations: FG 92-27-0232 a= May 22, 1991 1. To provide for efficient fish passage of the diversion structure on the east fork of Humpy Creek, step pools shall be constructed below the diversion weir. The pools shall be designed in consultation with the ADF&G and shall provide upstream and downstream travel of fish. For this portion of the drainage, during the period May through October, when natural flows exceed 5 cubic feet per second (cfs), the remainder of the water shall be allowed to bypass the diversion. 20 During the period of time that the impoundment area is being filled with water, sufficient water shall be maintained in the mainstem of Humpy Creek to ensure that the anadromous fish resources are not placed in jeopardy by dewatering of the stream. To meet this requirement, a stream flow of at least 6.0 cfs of water shall be maintained. In addition, the following stipulation was adopted pursuant to 6 AAC 50 (Project Consistency with the Alaska Coastal Management Program) and is necessary to ensure that your project is consistent with the ACMP. aly The inlet of the pipeline located on the east fork of Humpy Creek shall be fitted with a device to prevent juvenile or adult fish from entering the water diversion pipeline. This device shall consist of either: a. a permeable gravel berm, or Dp a well maintained headgate or pipe inlet. The headgate or pipe inlet shall be fitted with a screen on which the effective screen opening shall not exceed 0.1 inch (2.4 mm). To avoid impingement or entrainment of fish the headgate or pipe inlet shall either be placed ina slack water area or aligned perpendicular to the stream flow. For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. FG 91-II-0232 ee May 22), 1991: This letter constitutes a permit issued under the authority of AS 16.05.870, AS 16.05.840, and 6 AAC 50. This permit must be retained onsite during hydroelectric facility construction operations and expires on December 31, 1992. Please be advised that this approval does not relieve you of the responsibility for securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Plan. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption of fish and game created by the project and which were a direct result of the failure to comply with this permit or any applicable law. This permit decision may be appealed in accordance with the provision of A.S. 44.62.330-44.62.630. The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents, and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's performance under this permit. However, this provision has no effect, if, but only if, the sole proximate cause of the injury is the department's negligence. Sincerely, Ronald J. Somerville Deputy Commissioner aC: on ae Habitat Biologist Region II Habitat Division (907) 267-2284 Gilbert, ADNR/DLWM Bielawski, OMB/DGC Schwantez, FWP Probasco, ADF&G North, EPA + Kohilex, ‘COE North, USFWS Smith, NMFS Freed, KIB cc: wunu< CORK ne, 82 ; at POT ir, SYA SIN TIS re wenn yan stne any Me Te ROE * eats ey RESOLUTION“ Y/- 7 OF THE CITY COUNCIL OF THE CITY OF LARSEN BAY APPROVING A POWER SALE AGREEMENT BET WEEN THE CITY AND KODIAK SALMON PACKERS WHEREAS: The City with the cooperation, assistance and financial support of the Alaska Energy Authority has undertaken to construct a 420 kilowait hydroelectzic power plant; "WHEREAS: The cost of electrical power should be reduced for all consumers in Larsen Bay once the hydroelectric power plant is producing power; ‘WHEREAS: The City has executed a Cooperative Agreement with the Alaska Energy Authority in which it has agreed to purchase all the electrical power f ft * available from the hydroelectric power plant; WHEREAS: Kodiak Salmon Packers desires to acquire as much electric power from the eee Cache plant as possible; e : ld WHEREAS: Wher eas it is ‘in thz best interest of the City to sell all of the it power available from the hydroelectric power plant inorder to keep the cost - Fa of the power as low as possible for all consumers; » » we : THEREFORE, BE IT RESOLVED: The City Council for the City of Larsen Bay authorizes the Mayor to execute the Power Sale Agreement with Kodiak Salmon Packers on behalf of the City of Larsen Bay and bind the City of Larsen Bay to perform in accordance with its terms, which terms are incorporated into by reference and made a part of this Resolution. PASSED AND APPROVED BY A DULY CONSTITUTED QUORUM OF THE CITY COUNCIL OF THE CITY OF LARSEN BAY THIS /&_ DAY OF Atal, 1992. Mayor | ATTEST: Cimendnak foky { ' a * HH SIN RI, Mii Ment mh! ITEMIW ty oo ttn h hy omen