HomeMy WebLinkAboutAttachment B -PermitsTHE S"1WFE
o A
Department of
Fish and Game
DIVISION OF HABITAT
Central Region Office
6 O V E R N O R S l: A N D A R N F. I I. 333 Raspberry Road
Anchorage, Alaska 99518-1565
Main: 907.267.2342
Fax: 907.267.2499
FISH HABITAT PERMIT FH 13-II4007
ISSUED: January 17, 2013
EXPIRES: Life of Project
Chignik Lagoon Power Utility
ATTN: Diana Lou Moore
PO BOX 31
Chignik Lagoon, AK 99585
Dear Ms. Moore:
Re: Hydroelectric Project - Packers Creek
Stream No. 271-10-10180
Sections 5 and 8, T. 45 S., R. 59 W., S.M.
Pursuant to AS 16.05.871(b) and AS 16.05.841, the Alaska Department of Fish and Game, Division of
Habitat, has reviewed your proposal to develop a small hydroelectric power generation project on Packers
Creek in Chignik Lagoon, AK (see Sheet G-1).
Project Description
The purpose of the project is to provide an alternative source of power to the Village of Chignik Lagoon
and reduce reliance on diesel power generation. The Village of Chignik Lagoon proposes to divert up to
a maximum of 8.5 cubic feet per second (cfs) of water from Packers Creek and use it for power
generation. Flows in excess of 8.5 cfs will be allowed to spill over the intake structure and flow through
Packers Creek. Hydropower generation will occur year around. The project can generate up to 178 kW
of power, with an annual estimated power generation of about 1 million kW/hours-
The water intake will be installed at river mile 1.42. The diversion structure will be a maximum height
of 9.5 feet with a spillway of 7.0 feet in maximum height. (see Sheet D-1). The spillway will be 49.67
feet wide with multiple tiers to accommodate different flow levels. The dam will create a small
impoundment of water that will allow hydropower generation to occur during low flow periods. A 36-
inch by 42-inch intake bypass with a sluice gate valve will be constructed near the center of the existing
Packers Creek channel. A 36-inch by 16-inch penstock intake will be constructed adjacent to the intake
Chignik Lagoon Power Utility - 2 - Issued: January 17, 2013
FH 13-11-0007 Expires: Life of Project
bypass. A stepped gabion spillway will be constructed on the downstream end of the dam. Rip -rap will
be installed on the west side of the spillway gabions to prevent erosion.
The diversion structure at river mile 1.42 will block Packers Creek. The intake site is above two
waterfalls that are barriers to upstream fish passage. The first waterfall is located at river mile 1.14 and
is about 80 feet tall. The second waterfall at river mile 1.38 is about 48 feet tall. No fish have been
observed upstream of the first waterfall or near the intake location. Below the first waterfall, Dolly
Varden were documented during field investigations in June and September of 2012.
During times when flow is less than 8.5 cfs at the intake, the reach of Packers Creek immediately
downstream of the water intake will likely be dewatered. Flow at the water intake is expected to be less
than 8.5 cfs about 68% of the time. Flow greater than 8.5 cfs will be spilled into Packers Creek. Flows
from five small tributaries have been measured or estimated as inputs of water into the bypass reach.
These tributaries are located at river mile 1.20, 1.08, 1.02, 0.96, and 0.89. Based on data collected in
September 2012, tributary and accretion flows will provide about 2 cfs at the downstream end of the
bypass reach.
During construction, a temporary coffer dam will be required to construct the diversion dam and water
intake. The coffer dam will be installed above the intake site and water will be returned to Packers Creek
just downstream of the construction area. An excavator will be used to remove overburden material from
the streambed down to a depth of about 3 feet. In -water work required to construct the coffer dam and the
diversion dam is anticipated to take about eight weeks.
High Density Polyethylene Pipe (HDPE) and steel pipe (I8-inchand 16-inch diameter) will be used to
convey water about 3,220 feet from the intake structure to the powerhouse located at river mile 0.6
(powerhouse elevation: 96 feet). Water used for power generation will be returned to Packers Creek at
the powerhouse location, which is about 100 feet downstream of the upper limits of anadromy as
documented in the Anadromous Waters Catalog (2012). The powerhouse tailrace will be rock lined
concrete. The outfall of the tailrace will be elevated above the existing creek to prevent passage of fish
into the powerhouse and will include a dissipation structure to prevent erosion in Packers Creek.
An access road will be constructed from the village to the intake structure. Access to the powerhouse will
require the construction of a bridge over Packers Creek (see Sheet C-3). The bridge will be located
upstream of the powerhouse and above the upper limits of anadromy. The bridge will be constructed with
concrete abutments along the banks of Packers Creek. A concrete or pile support will be placed in the dry
portion of the floodplain of Packers Creek west of the wetted perimeter.
The access road will follow the penstock route to the intake location (see Sheet Creek). The road will be
constructed as a 12-foot wide single lane road. To facilitate the crossing of Tributary 3R, which flows into
Packers Creek at river mile 1.08, the incised creek channel will be mostly filled with native material and re -
vegetated. An 18-inch diameter, 140-foot long HDPE culvert will be installed at this crossing. Photos
provided by the applicant indicate that this stream is a small shallow stream at the confluence with Packers
Creek. Fish surveys were not conducted on this tributary stream.
Chignik Lagoon Power Utility - 3 - Issued: January 17, 2013
FH 13-II-0007 Expires: Life of Project
Anadromous Fish Act and Fishway Act
Packers Creek has been specified as being important for the spawning, rearing, or migration of anadromous
fishes pursuant to AS 16.05.871(a). Packers Creek is known to support pink salmon and Dolly Varden.
Packers Creek also supports resident Dolly Varden within the bypass reach of your project.
In accordance with AS 16.05.871(d) and AS 16.05.841, project approval is hereby given subject to the
project description above and the following stipulations:
1. You shall develop a plan to monitor the impacts of the 8.5 cfs diversion on water flow within the
bypass reach of Packers Creek. At a minimum, you shall monitor flow in the bypass reach
downstream of the lowermost waterfall and collect fish distribution data to assess fish passage
conditions for Dolly Varden. This plan shall be developed collaboratively with ADF&G and
approved prior to project construction.
2. Streambanks upstream and downstream of the tailrace outfall will be stabilized to prevent
erosion.
3. The tailrace construction will be isolated from Packers Creek to prevent sedimentation of
anadromous waters.
4. The bridge will be installed, operated, and maintained to allow for the efficient passage of fish.
You are responsible for the actions of contractors, agents, or other persons who perform work to
accomplish the approved project. For any activity that significantly deviates from the approved plan,
you shall notify the Division of Habitat and obtain written approval in the form of a permit amendment
before beginning the activity. Any action that increases the project's overall scope or that negates, alters,
or minimizes the intent or effectiveness of any stipulation contained in this permit will be deemed a
significant deviation from the approved plan. The final determination as to the significance of any
deviation and the need for a permit amendment is the responsibility of the Division of Habitat.
Therefore, it is recommended you consult the Division of Habitat immediately when a deviation from
the approved plan is being considered.
For the purpose of inspecting or monitoring compliance with any condition of this permit, you shall give an
authorized representative of the state free and unobstructed access, at safe and reasonable times, to the
permit site. You shall furnish whatever assistance and information as the authorized representative
reasonably requires for monitoring and inspection purposes.
This letter constitutes a permit issued under the authority of AS 16.05.871 and AS 16.05.841 and must be
retained on site during project activities. Please be advised that this determination applies only to activities
regulated by the Division of Habitat; other agencies also may have jurisdiction under their respective
authorities. This determination does not relieve you of your responsibility to secure other permits; state,
federal, or local. You are still required to comply with all other applicable laws.
In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply
with its provisions or failure to comply with applicable statutes and regulations. The department reserves
the right to require mitigation measures to correct disruption to fish and game created by the project and
which was a direct result of the failure to comply with this permit or any applicable law.
Chignik Lagoon Power Utility - 4 - Issued: January 17, 2013
FH 13-II-0007 Expires: Life of Project
You shall indemnify, save harmless, and defend the department, its agents, and its employees from any and
all claims, actions, or liabilities for injuries or damages sustained by any person or property arising directly
or indirectly from permitted activities or your performance under this permit. However, this provision has
no effect if, and only if, the sole proximate cause of the injury is the department's negligence.
This permit decision may be appealed in accordance with the provisions of AS 44.62.330-630.
Any questions or concerns about this permit may be directed to Habitat Biologist Brad Dunker at 267-2541
or emailed to bradley.dunker@alaska.gov.
ISincerely,
Cora Campbell, Commissioner
s
By: Michael J. Daigneault
Regional Supervisor
Central Region Office
enc: Sheet G-1
Sheet D-1
Sheet C-3
Sheet Creek
ecc: AWT, Cold Bay
A. Ott, ADF&G
S. Honnold, ADF&G
S. Ayers, ADF&G
B. Krauss, ADEC
G. O'Doherty, ADF&G
USACE, Regulatory
D. Harrington, ADNR, DMLW
M. Dahl, Polarconsult
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Packers Creek Hydroelectric Monitoring Plan
ADF&G Fish Habitat Permit FH 13-II-0007
Purpose
The purpose of this study is to collect hydrology and fish presence/absence data in the
bypass reach of the proposed hydropower project to meet permit stipulation 1 of the
Project Habitat permit. ADF&G will conduct concurrent work on this project to collect
fish presence/absence data, and receive hydrology data collected by this study. ADF&G
will use these data to compare pre -construction baseline data to post -construction
monitoring data.
Objective
The objective for the monitoring plan is to collect post -construction hydrology and fish
data within the proposed bypass reach of Packers Creek to allow ADF&G to compare pre
and post construction conditions. Specific objectives include:
l . Collect continuous pressure transducer data from bridge site for depth of
water at bridge site. (See Sheet C-3 & E-3)
2. Conduct a minimum of 3 flow measurements at the bridge site to establish a
stage/discharge relationship for water depth to document the range of flow.
3. Collect water depth measurements from intake site from pressure transducer
data. (See Sheet D-1 & E-3)
4. Supply a weir formulae to allow calculation of flow of water past intake.
5. Supply water depth data from bridge and intake sites, and flow measurements
to ADF&G for analysis.
6. Supply turbine kW Generation data and turbine power curve to ADF&G for
analysis.
Methods
Sample Locations
A pressure transducer will be installed at the bridge site (as shown on Sheet C-3 & E-2)
to collect water depth measurements from the bypass reach. A second pressure
transducer will be installed in the dam reservoir (as shown on Sheet D-1 and E-2) to
collect water reservoir elevation measurements. Each pressure transducer location will
be surveyed to show the elevation of the pressure transducers, elevation of the intake weir
overflow, and elevation of the top of the bridge abutment. Three flow measurements and
depth measurements will be completed at the Bridge abutment section. Procedures for
the cross section measurements are described below.
Cross -sections procedure
In concert with the pressure transducer, periodic discharge will be measured at the bridge
cross -sections. Measurements will be conducted at least three times per year and will
target low, medium, and high flow periods. The bridge will be used as the surveyed
reference point for the cross section. Stream flow will be measured by partitioning the
wetted perimeter of the creek into 16 to 20 subsections of 1 foot width. Marks will be
placed on the bridge to indicate where the cross section and stream flow measurements
will be taken. The distance between the bottom flange of the bridge and the water
surface (if wet) or the ground (if dry), water depth, and mean water velocity will be
measured at each subsection. Mean water velocity will be measured at 60% of total
depth with a suitable water velocity meter. Field measurements will be entered on the
attached data sheet.
Hard copies of stream flow measurement data sheets and electronic copies of pressure
transducer water depth records from bridge and reservoir sites, and turbine kW
production will be supplied to ADF&G on a semi-annual basis. Cross section sites will
be photographed during each sampling trip, including upstream and downstream
photographs.
Data Analysis
ADF&G will input the collected data into the R2-Cross modeling program to produce a
stage -discharge curve and develop depth -discharge relationships. This information will
be used to compare pre -construction natural flow patterns with the post -construction flow
patterns in the bypass reach of Packers Creek.
Fish Presence/Absence
Baited minnow traps will be set in deep pools near the bridge cross-section site at least
once per year. The minnow traps will be supplied by ADF&G and be 22.8 cm in diameter
and constructed of 0.6 cm mesh. Each trap will be baited using equal amounts of fresh or
frozen salmon roe disinfected in a betadyne solution and packaged in Whirl-Paks.
Minnow traps will be stabilized with a rock placed inside or tethered to riparian
vegetation, or both. Target soak time for each minnow trap is 24 hours. All captured fish
will be photographed and released at the point of capture. Minnow trap sites will be
photographed prior to the traps being removed. Any observations of adult anadromous
fish presence in the bypass reach will also be reported.
Responsibilities
Chignik Lagoon Village Council:
Provide staff available to conduct field measurements as outlined above. For training purposes,
Chignik Lagoon Village Council staff will accompany ADF&G staff on at least one site
visit during the 2013 field sampling to understand the cross section methods and other
field activities. Chignik Lagoon Village Council will conduct the monitoring plan work
for two years after project construction. Provide data to ADF&G.
Contact:
Michelle Anderson
Phone:
(907) 540-2304
Email:
lagoongrants@gmail.com
ADF&G Habitat Staff
ADF&G staff will conduct pre -construction sampling in the summer and fall of 2013.
Provide technical assistance and project management support as needed. Input data
collected by Chignik Lagoon Village Council into R2-Cross.
Contact: Brad Dunker, Habitat Biologist III:
Phone: (907) 267-2541
Email: bradley.dunker@alaska.gov
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, ALASKA
REGULATORY DIVISION
P.O. BOX 6898
JBER, ALASKA 99506-0898
FEB 2 3 2011
Regulatory Division
POA-2010-738
Polarconsult Alaska, Incorporated
Attention: Mr. Michael Dahl
1503 West 33rd Avenue, Suite 310
Anchorage, Alaska 99503
Dear Mr. Dahl:
This is in response to your August 25, 2010, application for a Department
of the Army (DA) permit on behalf of Chignik Lagoon Power Utility, to
construct a hydropower project at Packers Creek. The construction of a
hydropower project would include the installation of a diversion and intake
structure that would require the discharge of up to 35 cubic yards (cy) of
concrete and up to 100 cy of fill material below ordinary high water of
Packers Creek. It has been assigned file number POA-2010-738, Packers Creek
which should be referred to in all future correspondence with this office.
The project site is located within Sections 5 and 8, T. 45 S., R. 59 W.,
Seward Meridian; USGS Quad Map Chignik B-2; Latitude 56.3074' N., Longitude
158.5252° W.; in Chignik Lagoon, Alaska.
Based on our review of the information you furnished and available to us,
we have determined the above project area contains waters of the United
States (U.S.), including wetlands, under the Corps' regulatory jurisdiction.
A copy of the Approved Jurisdictional Determination form is available at
http://www.poa.usace.army.mil/reg/ApprovedJDs.htm under the above file
number.
This approved jurisdictional determination is valid for five (5) years
from the date of this letter, unless new information supporting a revision is
provided to us before the expiration date. Enclosed is a Notification of
Administrative Appeal Options and Process and Request for Appeal form
regarding this approved jurisdictional determination (see section titled
"Approved Jurisdictional Determination").
DA permit authorization is necessary because your project would involve
placement of fill material into waters of the U.S. under our regulatory
jurisdiction.
Based upon the information and plans you provided, we hereby verify that
the work described above, which would be performed in accordance with the
enclosed plan (sheets 1-5), dated July 19, 2010, is authorized by Nationwide
Permit (NWP) No. 17, Hydropower Projects. NWP No. 17 and its associated
Regional and General Conditions can be accessed at our website at
www.poa.usace.army.mil/reg.
-2-
Regional Condition E applies to your project. you must comply with all terms
and conditions associated with NWP No. 17.
Further, please note General Condition 26 requires that you submit a
signed certification to us once any work and required mitigation are
completed. Enclosed is the form for you to complete and return to us.
This verification is valid until the NWPs are modified, reissued, or
revoked. All of the existing NWPs are scheduled to be modified, reissued, or
revoked prior to March 18, 2012. It is incumbent upon you to remain informed
of changes to the NWPs. We will issue a public notice when the NWPs are
reissued. Furthermore, if you commence or are under contract to commence
this activity before the date that the relevant nationwide permits are
modified or revoked, you will have twelve (12) months from the date of the
modification or revocation of the NWPs to complete the activity under the
present terms and conditions of these nationwide permits.
Nothing in this letter excuses you from compliance with other Federal,
State, or local statutes, ordinances, or regulations.
Please contact me via email at roberta.k.budnik@usace.army.mil, by mail at
the address above, by phone at (907) 753-2785, or toll free from within
Alaska at (800) 478-2712, if you have questions or to request paper copies of
the jurisdictional determination, regional and/or general conditions.
Sincerely,
Roberta K. Budnik
Regulatory Specialist
Enclosures
Enclosure
US Army Corps of Engineers
Alaska District
Permit Number: POA-2010-738
Name of Permittee: Chignik Lagoon Power Utility
Date of Issuance: FEB 23 2011
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to Ms. Roberta
Budnik at the following address:
U.S. Army Corps of Engineers
Alaska District
Regulatory Division
Post Office Box 6898
JBER, Alaska 99506-0898
Please note that your permitted activity is subject to a compliance
inspection by an U.S. Army Corps of Engineers representative. If you fail to
comply with this permit you are subject to permit suspension, modification,
or revocation.
I hereby certify that the work authorized by the above -referenced permit has
been completed in accordance with the terms and conditions of the said
permit, and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee Date
NOTIFICATION OF AIJMINIy'I"RA11VAPPEAL OPTIONS AND PROCESS AND
1 EQUE S"I' F APPEAL
Applicant: Chi ik Lagoon Power UtilityFile Number: POA-2010-738 Date: 03/02/2011
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of Permission)
A
PROFFERED PERMIT Standard Permit or Letter of Permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
THIS REQUEST FOR APPEAL FORM MUST BE RECEIVED BY: 05/01/2011
SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional
information may be found at http://www.usace.aguy.mil/CECW/Pages/reg_materials.aspx or Co s regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the District Engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the District Engineer.
Your objections must be received by the District Engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the District Engineer will evaluate your objections and may:
(a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or, (c) not
modify the permit, having determined that the permit should be issued as previously written. After evaluating your objections,
the District Engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the District Engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the Division Engineer. This form must be received by the Division Engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the Division Engineer. This form must be received by the Division
Engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION (JD): You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the Division Engineer. This form must be
received by the Division Engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the Preliminary
JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to
reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
In order for a Request For Appeal to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR Part 331.5, and that it has been received by the Division Office within 60 days of the date of the Notice of
Appeal Process. It is not necessary to submit a Request For Appeal form to the Division office if you do not object to the decision.
POINT OF CONTACT FOR,QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
Roberta K. Budnik
Alaska District Corps of Engineers
Commander
USAED, Pacific Ocean Division
CEPOA-RD-S
ATTN: CEPOD-PDC/Thom Litche
P.O. Box 6898
Building 525
JBER, AK 99506-0898
Fort Shafter, HI 96858-5440
(907)753-2785
(800) 478-2712 (toll free in AK)
To submit this form, mail to the address above
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: rne number:
Signature of appellant or agent.
CHIGNIK LAGOON
60N
chora
7 •KiCT mon
5
;1�
OH POWER CON ECTION � OTEON iak
A ESS RO D ipnikOtagoon
POWER dU E 55N
nd Point
• 60W ~ 150W
PACKERS
s CREEK
PENSTOCK &
ACCESS TRAIL
8 9
INTAKE �.
l
——--------———--
—-------————--------————--------
17 16
COE#: POA-2010-738, Packers Creek
Project: Hydropower
0 1320 2640 Project Location: Sec. 5, 8, T. 45 S., R. 59 W.
Sheet: 1 of 5
SCALE: 1" = 1/4 MILE Date: July 19, 2010
ACCESS ROAD
— 12' /— PIPELINE
nchora
60N
S ar
0
Dillin9
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mon
OJECT
:ATI O N
is k
ipnik
4Tagoon
nd Poin
55N
\ 60V ~ 15U
X/
\ DIVERSION /� '\ Q�VERS URE AREA OF IMPACT,
OVERFLOW/ i 0.007 ACRES
WEyO
35'// PIPELINE \
RIP RAP INTAKE
ARMOUR — /I — - — .
DIVERSION
BYPASS
i
� I
r 28;/ PACKERS
CREEK
(OHW)
COE#: POA-2010-738, Packers Creek
Project: Hydropower
o 2B� ao Project Location: Sec. 5, 8, T. 45 S., R. 59 W.
Sheet: 2 of 5
SCALE: 1' = ZO' Date: July 19, 2010
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COE#: POA-2010-738, Packers Creek
Project: Hydropower
0
20
P40
Project Location: Sec. 5, 8, T. 45 S., R. 59 W.
Sheet: 3 of 5
SCALE:
t' = 20'
Date: July 19, 2010
I PACKERS
I—� CREEK (OHW)
I I I
AREA OF IMPACT,
OH POWER INE \ \ 0.002 ACRES
\ - \ TAILRACE
0 --4 HO 0 —1� �—� MHO
67
.
POWERHOUSE
ACCESS ROAD
f PARKING
20' / / AREA
BRIDGE
nchora
60N
S Or-
o
DilIinq
5
�Ki
mon
;?AT
;AT10N
iak
ipnik
oTagoon
nd Poirit
55N
60W ~
15V
POWERHOUSE
r— PENSTOCK
USS
PENSTOCK
ACCESS
ROAD
/ TAILRACE & BRIDGE PLAN VIEW
AREA OF IMPACT, o 40 so
0.01 ACRES
( PACKERS scatF: 1" = ao'
CREEK (OHW) COE#: POA-2010-738, Packers Creek
\ Project: Hydropower
\ Project Location: Sec. 5, 8, T. 45 S., R. 59 W.
\ Sheet: 4 of 5
. Date: July 19, 2010
0 20 40
SCALE: 1' = 20'
ROAD FILL BRIDGE DECK BRIDGE BEAMS
rna,ae rsi.es
too YA Moo (Bot w.Q
CONCRETE BRIDGE CONCRETE OR PILE i vR M= (MIN USA
ABUTMENT BRIDGE SUPPORT "`'C FDM' (10 �(aMw)
EXISTING
CREEKBED
100 YR MOD
(eat CM)
P YR MOD
—(ADe (Dnn)� —
EXISTING AV �w (10 -M:-)
CREEKBED
0 20 40
SCALE: 1" = 20'
WATER DISCHARGE EX15T1NG GROUND
BACK INTO PACKERS nNISH GRADE_
CREEK GRAVEL PAD
CONCRETE OR ROCK
LINED TAILRACE
nchora
60N
S and
0
Dillin�
fI
mon
JECT
,TION
iak
1pnik°t'agoon
nd Point
55N
150YA
160W
CONCRETE BRIDGE
ABUTMENT
BRIDGE SECTION
POWERHOUSE
TAILRACE SECTION
COE#: POA-2010-738, Packers Creek
Project: Hydropower
Project Location: Sec. 5, 8, T. 45 S., R. 59 W.
Sheet: 5 of 5
Date: July 19, 2010
Lake and Peninsula Borough
P. D. Box 495
King Salmon, Alaska 99613
Telephone: (907) 246-3421
Far: (907) 246-6602
Development Permit Request
Required Anplicant Information:
Property Owner/Applicant:
Mailing Address: P.O. Uox
Phone: 051)::') Q&- ZZ8 1 FAx 190�-) f34F�=LZ?
2. Legal Description: Subdivision Name. USS Survey No. Lot Lease No. _055 1-4898
Qo'ab >Ao(,J 7 USS 17-ZZ' tJSS I Z7. • ptA-r- g') - Z -r2Ac-r �- 5r c, 5
Lot *
Block
Nearest Community Property is located to: L-ACs oc ili
Street Address or Road Name, Property is located on: A �- LI0
l=.X Ti�►J j l O r-..�
3. Description of Proposed Project: r-0f IS-r )C- r.l�,�J N�• Dom; �iC
O� A troT 5-r��-Ty t TN BCr D!:, e- c,/O—C— paC-ir—� e,s c2ECx1
� �:�� ��..Ar.iT 8y � �. n. ��► �11-r�'�.:.-row: t,,�u�*r� � 5..-1 t � �-r� 4 �� j,
UP -?0A'CAC ,e,-s Ce-srtc
- I ; A rJ P o V & rt- It E.a,p ►?o �.J�Q c.l r.J a= 70 N -1
4. Provide drawings ol'proposed actions i.e. proposed road to be built, proposed dock,
proposed building site, or proposed runway improvement, or proposed construction site
ol'buiiding, etc. Drawings may be hand drawn but must be legible.
;,hiornk Bay • C'Nanrk Lagoon- Chignrk LaKe• Eaeoik • Iq uam- Uiamna • Ivanof Bay- KoxhanoK• Levelock • Newnalen
Nonda@on• Peoro Bay- Perryville- Pilot Pont- Pope Vannoy• Port Alsworth• Port Heiden- Ugashik
5. Provide a copy of the approved Plat or US Survey as attachment or aerial photography
using borough community profile mapping available at: www.iakeandpen.com
6. Approximate square footage to be excavated or disturbance of topsoil: 100,009 r-r Z.5 Aces
7. Approximate yards of fill: ID 11000 u{ b Type fill 4d-&d6A—
Purpose of till: _ Zvae, i� 6 vo L.4>k k.,4 Yaa S
S. Is project (check appropriate blocks) Archeological Survey ❑ Commercial Use ❑
Industrial Use ❑ Resource Extraction ❑ Private Home ❑ Otherx.
9. Is the proposed project in a Special Flood Hazard Area (Zones A, AE, AI-30. AH, or
AO)? 1�71 Yes ❑ No Ifyes, complete 10-13. /fno go to question # 18
113 Per the floodplain map, what is the zone and panel number of the area o f the proposed
development? Zone Panel Number g�o�w r
pA c w-&-�s c¢.e-f-:- �
11. Is the proposed development in an identified,floodsvay? Yes ® No ❑ rl ° cam �
12. 1(yes to W. is a "No Rise Certification" ►,pith supporting data attached? Yes ❑ :Vo
13. Complete .ffir new structures and building sites
a. Base Flood Elevation ut the site: feet NVGD
b. Required lowest flood elevation (including basement):._ .feet ;VVGD
c. Elevation to which all attendant utilities, including all heating and electrical
equipment will be protected from flwd damage.' filet N l GD
14. Complete for alterations, additions, or improvements to existing structures
a. What is the estimated market value of the ecistirq structure?
b. What is the cost of the proposed structure?
c. If the cost of'the proposed construction is greater than 501% of the market value of'
the structure, then the substantial improvement provisions shall appl u
IS. Cumplete.f tr nun-rL idendul floodproq/ed cunstructiun
i
SN r ► a. Tjpe of floodproofing method.- Tw-1rX1f,- `i .2 ASOVC--- Z= 'y 0-
G
h. The required floodprooftng elevation is _ ,feet AVVGD
5� 5
c. Floodproofing certification by a registered engineer is attached • Yes Z No❑
-C;l —1 16. Complete for subdivisiotas TPA rl -rr S tc-rrJE.D F;oC^ Z°'D Y9- "D
a. Will the subidivion contain 50 lots or 5 acres?, Yes []No Z
b. I f yes. does the plat clearly identify base flood elevations Yes ❑ No ❑
Form Developed 2-01-2010
C. Are tl,e /00 )'ear Floodp/uin and Floodwav delineated on the site plan? yes
;K
No
17. Is project within 100 feet of an anadramous stream? Yes ❑ No
18. Is project below mean high water or will it cross a stream or wetlands? YesitNo ❑
Please Explain: _13e-t >Dcg :pV*Le_
ZA t-; lc
19. Reclamation Plans Attached: Yes ❑ No 0 Not required ❑.
20. All other Permits Approved: YesXNo ❑Explain: _(attach other permits)
'Dfa fZ 'flAl j - Si�i—iG (JfltJ �It�R.tSOt cTfoN L�7Ti�� ` Aim y
FIA�t T Pti,�r'(t-� 'DnlfL- I�Lt-t'FiL e-ie,t475 tp,�r D�
64-1(�,tJ�E.�.e-S
I affirm that the above information and all attachments are true to the best of my knowledge.
Signature of Property Owner or Authorized Agent Date
Received By
Date
Application fee is S 100 to be paid at time application submitted. Please make check payable
to Lake and Peninsula Borough, PO Box 495, King Saimon, AK 99613. (Note: Cities and
Village/- ribai Councils re not charged this application fee).
Paid By: Check Number
Approved By V iGe - 6 `'Ia: r) Plan h i of Date
1, O vy, ryl i SS 10 v1
Form Developed 2-01-2010
State of Alaska
Department of Natural Resources
PERMIT TO APPROPRIATE WATER
LAS 27818
The State of Alaska, acting by and through the Department of Natural Resources, Division of
Mining, Land and Water, 550 West 7th Avenue, Suite 1020, Anchorage, AK 99501-3562,
hereinafter referred to as the grantor, under AS 46.15, the Alaska Water Use Act, and the
regulations adopted under it, grants to:
Chignik Lagoon Village Council
PO Box 9
Chignik Lagoon, Alaska 99565
The right to develop the following use of water:
SOURCE: Packers Creek
QUANTITY: 8.5 Cubic -Feet per Second
PERIOD: January 1 st through December 31 st
USE: Hydroelectric Power Generation
with a PRIORITY DATE of August 30, 2010.
The location of this water source:
Diversion and intake structures to be constructed in that portion of Packers Creek
located within the Southeast one -quarter of the Northeast one -quarter (SE'/4NE'/4)
Section 8, Township 45 South, Range 59 West, Seward Meridian.
The location to which this appropriation is appurtenant:
The powerhouse to be located within U.S. Survey 1223 located within the Aleutian Island
Recording District, Third Judicial District, State of Alaska, subject to reservations and
exceptions of record. Said survey located within the Southwest one -quarter of the
Southeast one -quarter (SW'/4SE'/4) Section 5, Township 45 South, Range 59 West,
Seward Meridian.
Page 1 of 3
PERMIT TO APPROPRIATE WATER
LAS 27818
Changes in the natural state of water are to be made in the manner and only for the purposes
stated in this permit. This permit is subject to the pertinent statutory provisions in AS 46.15,
Administrative Regulations in 11 AAC 93, and the following conditions:
The holder of this permit shall comply with the following conditions:
1. Follow acceptable engineering standards in exercising the right granted by this permit.
2. Except for claims or losses arising from negligence of the State, defend and indemnify the
State, the State's agents, and the State's employees against and hold them harmless from
any and all claims, demands, legal actions, loss, liability, and expense, including attorney
fees, for injury to or death of persons and damages to or loss of property arising out of or
connected with the exercise of the right granted by this permit.
3. Comply with all applicable laws, regulations, and conditions.
4. Notify the grantor of any change of address, transfer of any real property identified in this
permit, or proposed change in the water appropriation.
5. If the grantor determines that this appropriation unduly affects a prior appropriator's ability to
obtain water in accordance with his or her permit or certificate, this appropriation may be
amended or water use may be curtailed until the prior appropriator can again obtain water
under his or her prior right. Those individuals within the same area that do not have water
rights may also be required to curtail taking water.
6. Allow grantor's authorized representatives to inspect, at reasonable times, any facilities,
equipment, practices, or operations regulated or required under this permit.
7. Establish a metering system at the powerhouse and submit monthly water use
records to the Division of Mining, Land and Water (Water Resources Section) on a
quarterly basis.
8. This permit to appropriate water is appurtenant to the lands described herein. Upon
termination of the lease(s), or extended lease(s), and nonuse of water by the lessor or
subsequent lessee for five years, or upon the expiration of this permit, any
appurtenant LAS 27818 water right is considered intentionally abandoned.
9. Final engineering plans shall be submitted to the Division of Mining, Land and Water
(Water Resources Section) prior to the start of construction of the Packers Creek
Hydroelectric Project.
10. Permittee shall construct and maintain the water intake structure in such a manner
that it does not present a hazard to life or property.
11. Permittee shall not unnecessarily hinder public access to Packers Creek.
12. Per 11 AAC 05.010. (a)(8)(M), an annual administrative service fee shall be assessed
on this appropriation of water.
Page 2of3
PERMIT TO APPROPRIATE WATER
LAS 27818
This permit shall EXPIRE on: May 21, 2023.
This Permit to Appropriate Water is issued by authority of AS 46.15.080 and 11 AAC 93.120 on:
Date
Approved�qr,
Nq / fie-rolw-c-e 1%%971, Yr
Title
fl IY4 kgsk9
Page 3 of 3
20101118-3034 FERC PDF (Unof, _ial) 11/18/2010
UNITED STATES OF AMERICA 133 FERC 162,152
FEDERAL ENERGY REGULATORY COMMISSION
Chignik Lagoon Power Utility
Docket No. DI10-15-000
ORDER RULING ON DECLARATION OF INTENTION
AND FINDING LICENSING NOT REQUIRED
(Issued November 18, 2010)
1. On August 9, 2010, Chignik Lagoon Power Utility filed a Declaration of
Intention (DI) concerning the proposed Packers Creek Hydroelectric Project, which will
be located on Packers Creek, near the community of Chignik Lagoon, Lake and
Peninsula Borough, Alaska, affecting T. 45 S., R. 59 W., secs. 5 and 8. Seward
Meridian.
PROJECT DESCRIPTION
2. The proposed Packers Creek Hydroelectric Project will consist of: (1) a proposed
9-foot-tall by 63-foot-wide diversion structure, spanning Packers Creek, located
approximately at river mile 1.80; (2) a proposed 5,000-foot-long penstock; (3) a
powerhouse located at river mile 0.63, containing a 145-kW pelton wheel turbine,
synchronous generator, switchgear, controls, and related equipment; (4) a tailrace
returning flows into Packers Creek; (5) a proposed 1, 1 00-foot-long transmission line;
and (6) appurtenant facilities.
PUBLIC NOTICE
3. Notice of the DI was published on August 26, 2010. Protests, comments, and/or
motions to intervene were to be filed by September 27, 2010. No protests, comments,
and/or motions to intervene have been received.
JURISDICTION
4. Pursuant to Section 23(b)(1) of the Federal Power Act (FPA), 16 U.S.C. §817(1),
a non-federal hydroelectric project must (unless it has a still -valid pre-1920 federal
permit) be licensed if it:
❑ is located on a navigable water of the United States;
❑ occupies lands of the United States;
❑ utilizes surplus water or waterpower from a government dam; or
❑ is located on a stream over which Congress has Commerce Clause jurisdiction, is
constructed or modified on or after August 26, 1935, and affects the interests of
interstate or foreign commerce.
20101118-3034 FERC PDF (Unof- 2ial) 11/18/2010
Docket No. DI10-15-000 2
DISCUSSION
5. The proposed project will not occupy any public lands or reservations of the
United States and will not use surplus water or waterpower from a Federal government
dam. There is insufficient evidence to determine whether Packers Creek is a navigable
waterway at the site of or in the vicinity of the proposed project. The proposed project
would be constructed after August 26, 1935, and would be located on a Commerce
Clause stream.' However, the power generated would not affect interstate commerce
because it would not be connected to an interstate transmission grid. Therefore, the
project does not require licensing under Section 23(b)(1) of the FPA.
CONCLUSION
6. Consequently, Section 23(b)(1) of the FPA does not require licensing of the
proposed project. If evidence is found in the future, Section 23(b)(1) would require
licensing. Under Section 4(g) of the FPA, the project owner could then be required to
apply for a license.
The Director orders:
(A) Section 23(b)(1) of the Federal Power Act does not require licensing of the
proposed Packers Creek Hydroelectric Project. This order is issued without prejudice
to any future determination upon new or additional evidence that licensing is required.
(B) This order constitutes final agency action. Any party may file a request for
rehearing of this order within 30 days from the date of its issuance, as provided in
section 313(a) of the FPA, 16 U.S.C. § 8251(2006), and the Commission's regulations
at 18 C.F.R. § 385.713 (2010). The filing of a request for rehearing does not operate as
a stay of the effective date of this order, or of any other date specified in this order. The
licensee's failure to file a request for rehearing shall constitute acceptance of this order.
William Guey-Lee, Chief
Engineering and Jurisdiction Branch
Division of Hydropower Administration
and Compliance
' For purposes of FPA section 23(b)(1), Commerce Clause streams are the headwaters
and tributaries of navigable waters of the United States. Packers Creek is tributary to
the Chignik Bay and the Pacific Ocean.
20101118-3034 FERC PDF (Unof._cial) 11/18/2010
Document Content(s)
di10-15-OOO.DOC.......................................................1-2