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Home My WebLink About111215-FH11-I-0125 Indian River hydroSV VE or R SK� DEPARTMENT OF FISH AND GAME DIVISION OF HABITAT FISH HABITAT PERMIT FH11-I-0125 City of Tenakee Springs Tenakee Springs Electric Utility Department P.O. Box 52 Tenakee Springs, AK 99841 Dear Tenakee Springs Electric Department: RE: Indian River Hydroelectric Project Indian River (Stream no: 112-42-10080) T. 475 S., R. 63 E., Section 15, 22, CRM (Sitka D-4) Lat 57.78570 S; Long 135.19410 W SEAN PARNELL, GOVERNOR Douglas Island Center Building 802 W.3'd Street, Douglas P.O. BOX 110024 JUNEAU, AK 99811-0024 PHONE: (907) 465-4105 FAX.. (907) 465-4759 ISSUED: December 15, 2011 Pursuant to AS 16.05.841 (Fishway Act) and AS 16.05.871(b) (Anadromous Fish Act), the Alaska Department of Fish and Game (ADF&G), Division of Habitat, has reviewed your proposal to install a 250 kW run -of -river hydroelectric facility in the Indian River, approximately 1 mile east from the town of Tenakee Springs. Background The Indian River supports pink, chum and coho salmon, Dolly Varden char and Cutthroat trout. From stream mile 0.5 to 1.0 a series of five waterfalls occur which arc barriers for pink and chum salmon. However, in 1999 the US Forest Service (USFS) blasted step pools on falls #2 and installed a fish ladder at falls #4. Coho salmon that were stocked from 2001-2005 and Dolly Varden char can now successfully navigate these obstacles. The coho salmon run occurs in late -October to late -December and Dolly Varden char have been recorded entering the fish ladder in August. The stream channel between falls #2 and #4, where construction will take place, is predominantly an exposed bedrock channel lacking spawning gravels, large woody debris and habitat pools. Project Description You will install a diversion wall that is approximately four feet higher than the existing fish pass headwall at falls #4 spanning the width of the stream. To ensure continued fish passage, you will construct three additional cells above the existing fish pass to compensate for the raised elevation of the water inlet and to maintain the 18 inch steps -height between the existing pools. This fish ladder will be provided with a minimum of 10 cfs of flow from August 1 through December 31 when anadromous fish are migrating. You will construct a headwall that will divert water over an inclined plate intake screen which will allow for downstream passage of fish and debris. You will install a flush gate near the bottom of the headwall that will be opened as needed for cleaning and downstream recruitment of stream bed load. You will install a 36-40" penstock pipe approximately 1,550' in length. The support trestles will be constructed above the ordinary high water mark wherever possible to avoid damage from stream debris. You will construct a powerhouse approximately 20 x 25' in size. The house will be on a foundation behind a deflector wall below the ordinary high water (OHM) mark at the proposed site below falls #2 where bedrock is exposed and the stream energy is directed towards the adjacent bank. The power line will cross the stream at this site and run below ground to Tenakee. Construction Timing You will cross Indian River at bedrock locations and conduct work below OHW during periods of low flow to minimize impacts to incubating and migrating salmonids. Blasting will not be conducted from November to December or when adult coho are present. Anadromous Fish and Fishway Act Requirements Indian River, Stream no: 112-42-10080, is specified in the Catalog of Waters Important for the Spawning, Rearing, or Migration of Anadromous Fishes pursuant to AS 16.05.871(a). The stream provides migration, spawning, and rearing habitat for coho, pink, and chum sahnon, Dolly Varden char, and cutthroat trout. However, barriers to migration of pink and chum salmon occur below the project site. In accordance with AS 16.05.841 and AS 16.05.871(d), project approval is hereby given subject to the project description and the terms of this permit. You must maintain the integrity of the intake diversion for the life of the structure in accordance with the terms of this permit so that free passage of fish is assured. You must restore any obstruction to the free passage of fish to the satisfaction of ADF&G. 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 Page 2 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. 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 Greg Albrecht at (907) 465-6384 or emailed to greg.albrecht@alaska.gov. Email cc: Al Ott, ADF&G Habitat, Fairbanks Shawn Johnson, ADF&G, Douglas Brian Glynn, ADF&G, Douglas Kevin Monagle, ADF&G, Douglas Art Bloom, City of Tenakee Joel Groves, Polarconsult Perry Edwards, USFS, Sitka Linda Speerstra, USACE, Sitka Ted Deats, DNR, Juneau Sincerely, Cora Campbell Commissioner W ' Ti y B ackte Ttmothy egional Supervisor Division of Habitat Page 3