HomeMy WebLinkAbout120712-ADL 108047 PD final atm B EEASTATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF MINING, LAND AND WATER
Southeast Regional Office, 400 Willoughby, P.G. Box 111020
Juneau, AK 99811-1020, (907) 465-3400
EARLY ENTRY AUTHORIZATION
Under AS 38.05.850
(Early Entry for Tideland EEA Site)
EEA # ADL 108047
City of Tenakee Springs. hereinafter "Grantee" is issued this Early Entry Authorization (EEA) by DNR, Division of Mining,
Land and Water, hereinafter "Grantor" to survey and develop an easement on the following described land:
Copper River Meridian, Township: 47 South, Range: 63 East, Sections: 15, 21,22
An easement variable feet in width, and variable feet in length, and located on the Indian River and in the
vicinity of the City of Tenakee Springs.
This EEA is issued for the purpose of: constructing a run -of -the -river h ro- roiect to be authorized as a public
easement under AS 38.05.860 once all required deliverables identified herein are provided. The approved
Development Plan for this easement is shown on Attachment B dated December 12, 2011.
This EEA is issued subject to compliance with all of the general conditions stated below and the Special Stipulation of
Attachment A
This EEA is effective beginning August 1, 2013 and ending on July 31, 2017, unless sooner terminated at the State's
discretion. This EEA is not a property right and conveys no interest in State land. This EEA is a temporary authorization and is
revocable immediately by written notice, with or without cause.
GENERAL CONDITIONS:
Easement Development. This EEA grants non-exclusive for the purpose of site development, This EEA does not grant
an interest in the land and as such is revocable immediately, with or without cause. Development shall be limited inform
and scope to those improvements, and the general alignment shown on Attachment "A". Land use shall not exceed the
easement dimensions explicitly approved on Page 1, unless approved in writing by the regional office prior to installation
or construction. Only those improvements as shown on Attachment B are authorized to be constructed and maintained
by this EEA. Use of the land for any other purpose is prohibited.
2. Failure to secure easement. If the easement for the project is not secured on or before the expiration of this EEA„ the
Grantee may be required to remove authorized improvements. This EEA may be extended for a year if the Grantee
demonstrates completion of the project was delayed by circumstances beyond their control.
3. As -Built Survey. An acceptable as -built easement diagram approved by DNR's Survey section and recorded as an
engineering plat file shall be submitted to ❑MLW at least _3_ months prior to the expiration of this EEA.
4. Existing Easements. Should this easement superimpose on an already dedicated right-of-way or easement, the
Grantee shall not interfere with the primary purpose of the existing right-of-way or easement.
5. Public Trust Doctrine. The Public Trust Doctrine guarantees public access to, and the public right to use, navigable
and public waters and the land beneath them for navigation, commerce, fishing, and other purposes. This authorization
is issued subject to the principles of the Public Trust Doctrine regarding navigable or }public waters. The Grantee is
authorized to make exclusive use of the Grantee's improvements, but is not authorized to preclude or restrict public
access on and through the authorized area. DMLW reserves the right to grant other interests consistent with the Public
Trust Doctrine.
6. Notification. The Grantee shall immediately notify the Department of Environmental Conservation (DEC) by telephone,
and immediately afterwards send DEC a written notice by facsimile, hand delivery, or first class mail, informing DEC of.
any unauthorized discharges of oil to water, any discharge of hazardous substances other than oil, and any discharge or
cumulative discharge of oil greater than 55 gallons solely to land and outside an impermeable containment area. If a
SERo 5109 Early Entry for ADL 108047 Page 1 of 3 City of Tenakee Stprings, Grantee
Preliminary Decision — Attachment "B"
discharge, including a cumulative discharge, of oil is greater than 10 gallons but less than 55 gallons, or a discharge of
oil greater than 55 gallons is made to an impermeable secondary containment area, the Grantee shall report the
discharge within 48 hours, and immediately afterwards send DEC a written notice by facsimile, hand delivery, or first
class mail. Any discharge of oil, including a cumulative discharge, solely to land greater than one gallon up to 10 gallons
must be reported in writing on a monthly basis. The posting of information requirements of 18 AAC75.305 shall be met.
Scope and Duration of Initial Response Actions (18 AAC 75.310) and reporting requirements of 18 AAC 75, Article 3 also
apply.
The Grantee shall supply DEC with all follow-up incident reports. Notification of a discharge must be made to the nearest
DEC Area Response Team during working hours: Anchorage (907) 269-3063, fax (907) 269-7648; Fairbanks (907) 451-
2121, fax (907) 451-2362; Juneau (907) 465-5340, fax (907) 465-2237. The DEC oil spill report number outside normal
business hours is (800) 478-9300.
Alaska Historic Preservation Act. The Grantee shall consult the Alaska Heritage Resources Survey (907)
269-8721 so that known historic, archaeological and paleontological sites may be avoided. The Alaska Historic
Preservation Act (AS 41.35.200) prohibits the appropriation, excavation, removal, injury, or destruction of any
State-owned historic, prehistoric (paleontological) or archaeological site without a EEA from the commissioner.
Should any sites be discovered during the course of field operations, activities that may damage the site will cease
and the Office of History and Archaeology in the Division of Parks and Outdoor Recreation (907) 269-8721 shall be
notified immediately.
8. Inspection. Authorized representatives of the State of Alaska shall have reasonable access to the subject parcel for
purposes of inspection. The Grantee may be charged fees under 11 AAC 05.010(a)(7)(M) for routine inspections of the
subject parcel, inspections concerning non-compliance, and a final close-out inspection.
9. Other Authorizations. The issuance of this EEA does not relieve the Grantee of the responsibility to obtain
authorizations required by other agencies for this activity. The Grantee is not authorized to proceed with this project until
all required authorizations are secured.
10. Compliance with Governmental Requirements. The Grantee shall, at its expense, comply with all applicable laws,
regulations, rules and orders, and the requirements and conditions included in this authorization. Grantee shall ensure
compliance by its employees, agents, contractors, subcontractors, licensees, or invitees.
11. Public Access. All operations will be conducted in a manner that will minimize potential conflicts with other users of the
area. Public access shall not be restricted in any way.
12. Valid Existing Rights. This authorization is subject to all valid existing rights in and to the permitted area. The State of
Alaska makes no representations or warranties whatsoever, either expressed or implied, as to the existence, number, or
nature of such valid existing rights.
13, Reservation of Rights. The State reserves the right to grant additional authorizations to third parties for compatible
uses on or adjacent to the land subject to this authorization.
14. Indemnification. Grantee assumes all responsibility, risk and liability for all activities of Grantee, its employees, agents,
invitees, contractors, subcontractors, or licensees directly or indirectly conducted in connection with this EEA, including
environmental and hazardous substance risks and liabilities, whether accruing during or after the term of this EEA.
Grantee shall defend, indemnify, and hold harmless the State of Alaska, its employees, and agents from and against any
and all suits, claims, actions, losses, costs, penalties, and damages of whatever kind or nature, including all attorney's
fees and litigation costs, arising out of, in connection with, or incident to any act or omission by Grantee, its employees,
agents, invitees, contractors, subcontractors, or licensees, unless the sole proximate cause of the injury or damage is
the negligence or willful misconduct of the State or anyone acting on the State's behalf. Within 15 days Grantee shall
accept any such cause or action or proceeding upon tender by the State. This indemnification shall survive the
termination of the EEA.
15. Assignment. The Grantee may not transfer or assign this EEA to another individual or corporation.
16. Change of Address. Any change of address must be submitted in writing to the Regional Manager.
SERo 5109 Early Entry for ADL 1 D8047 Page 2 of 3 City of Tenakee Stprings, Grantee
Preliminary Decision —Attachment "B"
17. Violations. This authorization is revocable immediately upon violation of any of its terms, conditions, nonpayment of
fees, or upon failure to comply with any other applicable laws, statutes and regulations (federal and state). Should any
unlawful discharge, leakage, spillage, emission, or pollution of any type occur due to Grantee's, or its employees',
agents', contractors', subcontractors', licensees', or invitees' act or omission, Grantee, at its expense shall be obligated to
clean the area to the reasonable satisfaction of the State of Alaska. Per 11 AAC 96.145, the Grantee must be in
compliance with provisions of this and other authorizations granted under AS 38.05 or 11 AAC 96 before a new
authorization may be granted by DNR.
Advisory Regarding Violations of the EEA Guidelines: Pursuant to 11 AAC 96.145, a person who violates a condition of
a EEA issued under 11 AAC 96 is subject to any action available to the Department of Natural Resources (DNR) for
enforcement and remedy, including EEA revocation, civil action for forcible entry and detainer, ejectment, trespass, damages,
and associated costs, or arrest and prosecution for criminal trespass in the second degree. DNR may seek damages
available under civil action, including restoration damages, compensatory damages, and treble damages under AS 09.45.730
or 09.45.735, for violations involving injuring or removing trees or shrubs, gathering geotechnical data, or taking mineral
resources.
If a person responsible for an unremedied violation of 11 AAC 96 or a condition of a EEA issued under 11 AAC 96 applies for
a new authorization from DNR under AS 38.05.035 or 38.05.850, DNR may require the applicant to remedy the violation as a
condition of the new authorization, or to begin remediation and provide security under 11 AAC 96.060 to complete the
remediation before receiving the new authorization. If a person who applies for a new authorization under AS 38.05.035 or
38.05.850 has previously been responsible for a violation of 11 AAC 96 or a condition of a EEA issued under this chapter,
whether remedied or unremedied, that resulted in substantial damage to the environment or to the public, DNR will consider
that violation in determining the amount of the security to be furnished under 11 AAC 96.060, and may require the applicant to
fumish three times the security that would otherwise be required.
The Regional Manager reserves the right to alter the above conditions before the EEA is issued, in which case the Grantee
will be so advised. DNR has the authority to implement and enforce these conditions under AS 38.05.850. If compliance with
these conditions not achieved, it may be sufficient cause for surrendering the performance bond, penalty deposit, revoking
this EEA immediately and denial of future authorizations as authorized under 11 AAC 96.145. Direct all questions on this EEA
to the Division of Mining, Land and Water Southeast Region, 400 Willoughby Ave., P.D. Box 111020, Juneau, Alaska 99811-
1020, telephone (907) 465-3400.
Signature of Grantee or Authorized Representative accepting and agreeing to comply with the terms and conditions
contained here or attached to this EEA:
Name
Signature of Authorized DNR Representative:
David L. Kelley, SE Regional Manager
Title Date
Date
SERO 5109 Early Entry for ADL 108047 Page 3 of 3 City of Tenakee 5tprings, Grantee
Preliminary Decision - Attachment "B"
ATTACHMENT A
TO
EEA ADL 108047
SPECIAL STIPULATIONS
1. Authorized Officer (AO). The AO for the Southeast Land Office, Division of Mining,
Land and Water is the Regional Manager, Southeast Regional Land Office. The AO may
designate a representative for administration for specific portions of this authorization.
The AO has the authority to suspend all or any construction, operation or maintenance
activities suspected to be in violation of the conditions/special stipulations. Such a
suspension shall remain in force until corrective action is taken. If corrective action is
not taken within thirty (30) days after receipt of written notice, the EEA may be
terminated. The AO has the right but not the obligation, to undertake corrective action at
the expense of the Grantee by moving against the performance bond when such action is
necessitated by neglect on the part of the Grantee to take corrective action.
Z. Site Disturbance.
(a) Site disturbance shall be kept to a minimum to protect local habitats. All
activities at the site shall be conducted in a manner that will minimize the
disturbance of soil and vegetation and changes in the character of natural
drainage systems. Any ground disturbances that may occur shall be contoured
to blend with the natural topography to protect human and wildlife health and
safety. Particular attention must be paid to preventing pollution and siltation
of any waterways and to preventing disturbances to fish and wildlife
populations and habitats.
(b) The Grantee shall take all reasonable precautions to prevent, and suppress,
forest, brush and grass fires. The Department of Natural Resources does not
assume any responsibility for protecting any temporary improvements or
personal property in cases of grass, brush, or forest fires.
(c) Brush clearing is allowed only to the extent necessary to maintain the present
development. The Grantee may use dead timber that is down. The Grantee
shall not cut standing timber within the authorized area unless specifically
authorized by DNR-Division of Forestry.
3. Destruction of Markers. All survey monuments, witness corners, reference monuments,
mining claim posts, bearing trees, and unsurveyed corner posts shall be protected against
damage, destruction, or obliteration. Grantee shall notify Grantor of any damaged,
destroyed, or obliterated markers and shall reestablish the markers at Grantee's expense in
accordance with accepted survey practices of the Division of Mining, Land & Water.
4. Maintenance. The State assumes no responsibility for maintenance of improvements
constructed on State land or liability for injuries or damages attributable to that
construction. The authorized area shall be maintained in a neat, clean and safe condition,
free of any debris or litter.
5. Solid Waste. All solid waste and debris generated from the activities conducted under
this EEA shall be removed to a facility approved by the Alaska Department of
Environmental Conservation (DEC) prior to the expiration, completion, or termination of
the EEA or activities.
6. Fuel and Hazardous Substance Storage. Fuel storage shall not exceed the amount
proposed on the Environmental Risk Questionnaire attached to and made part of the
approved site plan. Containers which exceed a total combined capacity of 110 gallons
must be stored within an impermeable diked area or portable impermeable containment
structure capable of containing 110 percent capacity of the largest independent container.
All containers must be clearly marked with the contents and the Grantee's name. Drip
pans and materials, such as sorbent pads, must be on hand to contain and clean up spills
from any transfer or handling of fuel. All fuel storage containers and associated materials
must be removed by the permit expiration date.
(a) Container marking. All independent fuel and hazardous substance containers
shall be marked with the contents and the Grantee's name using paint or a
permanent label.
(b) Fuel or hazardous substance transfers. Secondary containment or a surface liner
must be placed under all container or vehicle fuel tank inlet and outlet points,
hose connections, and hose ends during fuel or hazardous substance transfers.
Appropriate spill response equipment must be on hand during any transfer or
handling of fuel or hazardous substances to respond to a spill of up to five gallons.
Transfer operations shall be attended by trained personnel at all times. Vehicle
refueling shall not occur within the annual floodplain or tidelands. This
restriction does not apply to water -borne vessels provided no more than 30
gallons of fuel are transferred at any given time.
(c) No storage within 100 feet of waterbodies. Containers with a total capacity larger
than 55 gallons which contain fuel or hazardous substances shall not be stored
within 100 feet of a waterbody.
Advisory. Grantor may under unique or special circumstances grant exceptions
to this stipulation on a case -by -case basis. Requests for exceptions should be
made to Grantor.
(d) Definitions.
I. "Containers" means any item which is used to hold fuel or hazardous
substances. This includes tanks, drums, double -walled tanks, portable
testing facilities, fuel tanks on small equipment such as light plants and
generators, flow test holding tanks, slop oil tanks, bladders, and bags.
Manifolded tanks or any tanks in a series must be considered as single
independent containers. Vehicles, including mobile seismic tanks, are
not intended to be included under this definition.
2. "Hazardous substances" are defined under AS 46.03.826(5) as (a) an
element or compound which, when it enters the atmosphere, water, or
land, presents an imminent and substantial danger to the public health
or welfare, including fish, animals, or vegetation; (b) oil; or (c) a
substance defined as a hazardous substance under 42 U.S.C. 9601(14).
3. "Secondary containment" means an impermeable diked area or
portable impermeable containment structure capable of containing 110
percent of the volume of the largest independent container. Double -
walled tanks do not qualify as secondary containment unless an
exception is granted for a particular tank.
4. "Surface liner" means any safe, non -permeable container (e.g., drip
pans, folding tanks, etc.) designed to catch and hold fluids for the
purpose of preventing spills. Surface liners should be of adequate size
and volume based on worst -case spill risk.
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Pr•ehininar% Decision - Wazhment "BI,