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HomeMy WebLinkAbout2011 AVEC R5; Emmonak,Alakanuk Wind Construction __________________________________________________________________________________________ 4831 EAGLE STREET * ANCHORAGE, ALASKA * PHONE (907) 561 -1818 * FAX (907) 562-4086 August 26, 2011 Alaska Energy Authority 813 West Northern Lights Boulevard Anchorage, Alaska 99503-2495 Attn: Renewable Energy Fund Grant Program Round 5: Emmonak Wind Construction Dear Review Panel: Alaska Village Electric Cooperative, Inc. (AVEC) respectfully submits the enclosed application for grant funds available through the Renewable Energy Fund Grant Program. AVEC is seeking funding for the installation of wind turbines to serve the communities of Emmonak and Alakanuk. The completed project will provide benefits to both communities through the stabilized energy costs; the projected average yearly savings would be $137,600. The project requires $2,676,273 to complete as proposed. AVEC is requesting $2,408,646 to complete the proposed project. AVEC will provide $267,627 in cash as a project match. Please do not hesitate to contact Mr. Petrie of my staff if you have questions. Sincerely, Meera Kohler President and CEO cc: Brent Petrie, AVEC enclosures Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Energy Construction Renewable Energy Fund-Round V Grant Application Submitted by: Alaska Village Electric Cooperative, Inc 4831 Eagle Street Anchorage, Alaska 99503 Submitted to: Alaska Energy Authority 813 West Northern Lights Blvd. Anchorage, AK 99503 August 26, 2011 Renewable Energy Fund Round 5 Grant Application AEA 12-001 Grant Application Page 1 of 16 8/26/2011 Emmonak/Alakanuk Phase 2 Wind Construction SECTION 1 – APPLICANT INFORMATION Name (Name of utility, IPP, or government entity submitting proposal) Alaska Village Electric Cooperative, Inc. Type of Entity:Not-for-profit corporation Fiscal Year End:December 31 Tax ID #92-0035763 Tax Status: For-profit or X non-profit ( check one) Mailing Address 4831 Eagle Street Anchorage, AK 99503 Physical Address Telephone 800.478.1818 Fax 800.478.4086 Email 1.1 APPLICANT POINT OF CONTACT / GRANTS MANAGER Name Brent Petrie Title Manager, Community Development and Key Accounts Mailing Address 4831 Eagle Street Anchorage, AK 99503 Telephone 907.565.5358 Fax 907.561-2388 Email BPetrie@avec.org 1.2 APPLICANT MINIMUM REQUIREMENTS Please check as appropriate. If you do not to meet the minimum applicant requirements, your application will be rejected. 1.2.1 As an Applicant, we are:(put an X in the appropriate box) X An electric utility holding a certificate of public convenience and necessity under AS 42.05, or An independent power producer in accordance with 3 AAC 107.695 (a) (1), or A local government, or A governmental entity (which includes tribal councils and housing authorities); Yes 1.2.2. Attached to this application is formal approval and endorsement for its project by its board of directors, executive management, or other governing authority. If the applicant is a collaborative grouping, a formal approval from each participant’s governing authority is necessary. (Indicate Yes or No in the box ) Yes 1.2.3. As an applicant, we have administrative and financial management systems and follow procurement standards that comply with the standards set forth in the grant agreement. Yes 1.2.4. If awarded the grant, we can comply with all terms and conditions of the attached grant form. (Any exceptions should be clearly noted and submitted with the application.) Yes 1.2.5 We intend to own and operate any project that may be constructed with grant funds for the benefit of the general public. Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 2 of 16 8/26/2011 SECTION 2 – PROJECT SUMMARY This is intended to be no more than a 1-2 page overview of your project. 2.1 Project Title – (Provide a 4 to 5 word title for your project) Emmonak/Alakanuk Phase 2 Wind Construction 2.2 Project Location – Include the physical location of your project and name(s) of the community or communities that will benefit from your project. Emmonak (pop. 762) is located at the mouth of the Yukon River, 10 miles from the Bering Sea, on the north bank of Kwiguk Pass. It lies 120 air miles northwest of Bethel and 490 air miles from Anchorage, in the Yukon Delta National Wildlife Refuge. Alakanuk (pop. 677) is located at the east entrance of Alakanuk Pass, the major southern channel of the Yukon River, 15 miles from the Bering Sea and approximately 8 miles from Emmonak. The two communities are connected by an electrical intertie. 2.3 PROJECT TYPE Put X in boxes as appropriate 2.3.1 Renewable Resource Type X Wind Biomass or Biofuels Hydro, including run of river Transmission of Renewable Energy Geothermal, including Heat Pumps Small Natural Gas Heat Recovery from existing sources Hydrokinetic Solar Storage of Renewable Other (Describe) 2.3.2 Proposed Grant Funded Phase(s) for this Request (Check all that apply) Reconnaissance Design and Permitting Feasibility X Construction and Commissioning Conceptual Design 2.4 PROJECT DESCRIPTION Provide a brief one paragraph description of your proposed project. This project would add two additional NW 100B turbines to the existing wind farm (consisting of four NW 100B turbines) in Emmonak to complete the originally planned wind farm serving the communities of Emmonak and Alakanuk. Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 3 of 16 8/26/2011 2.5 PROJECT BENEFIT Briefly discuss the financial and public benefits that will result from this project, (such as reduced fuel costs, lower energy costs, etc.) The proposed project would add two Northwind 100 wind turbines to complete the originally- planned wind farm serving Emmonak and Alakanuk. Based on HOMER modeling, the completed six turbine wind farm will produce 1,250,000 kWh/year (or 25% of the power) when all turbines are operating. Fuel consumption for energy generation should drop proportionately (and substantially) when the full wind farm is completed. Alone, the additional two turbines will displace about 30,000 gallons of fuel used for power generation each year. The two additional turbines could save $119,000 during their first full year of operation (expected to be 2014). 2.6 PROJECT BUDGET OVERVIEW Briefly discuss the amount of funds needed, the anticipated sources of funds, and the nature and source of other contributions to the project. The total project cost for the project is $2,676,273 of which $2,408,646 is requested in grant funds from AEA. The remaining $267,627 (10%) would be matched in cash by AVEC. 2.7 COST AND BENEFIT SUMARY Include a summary of grant request and your project’s total costs and benefits below. Grant Costs (Summary of funds requested) 2.7.1 Grant Funds Requested in this application.$2,408,646 2.7.2 Other Funds to be provided (Project match)$267,627 2.7.3 Total Grant Costs (sum of 2.7.1 and 2.7.2)$2,676,273 Project Costs & Benefits (Summary of total project costs including work to date and future cost estimates to get to a fully operational project) 2.7.4 Total Project Cost (Summary from Cost Worksheet including estimates through construction)$2,676,273 2.7.5 Estimated Direct Financial Benefit (Savings)$137,600 (average yearly savings), $2,476,000 (lifetime savings) 2.7.6 Other Public Benefit (If you can calculate the benefit in terms of dollars please provide that number here and explain how you calculated that number in your application (Section 5.) $to be determined Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 4 of 16 8/26/2011 SECTION 3 – PROJECT MANAGEMENT PLAN Describe who will be responsible for managing the project and provide a plan for successfully completing the project within the scope, schedule and budget proposed in the application. 3.1 Project Manager Tell us who will be managing the project for the Grantee and include contact information, a resume and references for the manager(s). If the applicant does not have a project manager indicate how you intend to solicit project management support. If the applicant expects project management assistance from AEA or another government entity, state that in this section. AVEC would provide overall project management and oversight. AVEC is the electric utility serving Emmonak. To further support the AVEC team in project delivery, wind resource, engineering, and environmental consultants would be selected. Brent Petrie, Manager, Community Development and Key Accounts, would lead the project management team consisting of AVEC staff, consultants, and contractors. He has worked for Alaska Village Electric Cooperative since 1998, where he manages the development of alternatives to diesel generation for AVEC such as using wind, hydropower, and heat recovery. He also manages relationships with AVEC’s largest customers and is the project manager for AVEC’s many construction projects as an energy partner of the federally funded Denali Commission. Mr. Petrie has in the energy and resource field for more than thirty years, having worked for the federal and state governments as consultant, planner, and project manager. He has been a utility manager or management consultant since 1993. As General Manager of Iliamna- Newhalen-Nondalton Electric Cooperative from 1994 to 1998, he reported to a seven-member, elected board of directors, and served as project manager on its hydroelectric project development. He is an elected member of the Board of Directors of the Utility Wind Interest Group representing rural electric cooperatives and serves on the Power Supply Task force of the National Rural Electric Cooperative Association. Mr. Petrie has a Master’s Degree in Water Resource Management and a Bachelor’s degree in Geography. His resume is attached. 3.2 Project Schedule Include a schedule for the proposed work that will be funded by this grant. (You may include a chart or table attachment with a summary of dates below.) Grant Award Announcement:July 2012 Authorization to Proceed:August 1, 2012 Order Wind Turbines and Towers:August 1, 2012 Hire Installation Contractor:October 1, 2012 Turbines Ready to Ship:September 1, 2012 (last barge) Turbines On Site:October 1, 2012 Complete Civil Works: January 2013 Complete Turbine Erection and Electrical Works:February 2013 Complete Turbine Commissioning:April 2013 Complete Secondary Load Controller Commissioning:April 2013 Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 5 of 16 8/26/2011 3.3 Project Milestones Define key tasks and decision points in your project and a schedule for achieving them. The Milestones must also be included on your budget worksheet to demonstrate how you propose to manage the project cash flow. (See Section 2 of the RFA or the Budget Form.) All project milestones are identified in the budget worksheet under Tab C. 1. Confirmation that all Design and Feasibility Requirements are Complete (September 1, 2012) AVEC would work with the engineering contractor to confirm that all the design needs are in place prior to moving forward with selection of the construction contractor. The Emmonak wind farm was designed and permitted for six turbines. Four turbines were installed in March 2011. The design and permitting is in place for the two additional turbines. 2. Completion of Bid Documents (September 1, 2012) Bid documents would be completed by the engineers. 3. Contractor/Vendor Selection and Award (October 15, 2012) The construction contractor would be selected, and a construction task order would be prepared. 4. Construction Phases (January 15-February 28, 2013) Major Procurement (Turbine, Integration, Foundation Materials) Immediately following confirmation of grant award, the turbines and towers would be ordered. The turbines and towers arrive in Emmonak by October 2012, at the end of the barge season. Foundation materials would be purchased and be on site ready to use for construction by December 2012. Logistics Equipment would be mobilized to the site by before the river freezes in the beginning of September 2012 and would be moved from the site by after break up in June 2013. Other logistic, such as setting up the construction camp would occur in December 2012- January 2013. Turbine Installation The turbines would be installed after the groundwork is completed in February 2013. Intertie and Distribution The two turbines would be added to the existing wind farm distribution network. System Integration Component Installation The new turbines would be integrated into the existing wind farm control system in February 2013. Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 6 of 16 8/26/2011 5. Integration and Testing (February 28, 2013) Once the turbines are installed, integration and testing of the system would occur. 6. Decommissioning Old Systems (Not Applicable) 7. Final Acceptance, Commissioning and Start-up (April 1, 2013) Commissioning would be done immediately following installation of the turbines. 8. Operations Reporting (April 1, 2013) Turbine operations would begin and required reporting would occur following start up for 4 months. 3.4 Project Resources Describe the personnel, contractors, equipment, and services you will use to accomplish the project. Include any partnerships or commitments with other entities you have or anticipate will be needed to complete your project. Describe any existing contracts and the selection process you may use for major equipment purchases or contracts. Include brief resumes and references for known, key personnel, contractors, and suppliers as an attachment to your application. AVEC would use a project management approach that has been used to successfully design and construct wind turbines throughout rural Alaska: a team of AVEC staff and external consultants. AVEC staff and their role on this project includes: Meera Kohler, President and Chief Executive Office, would act as Project Executive and would maintain ultimate authority programmatically and financially. Brent Petrie, Manager, Community Development and Key Accounts, would lead the project management team consisting of AVEC staff, consultants, and contractors. The group’s resources include a project coordinator, contracts clerk, accountant, engineer, and a community liaison. Debbie Bullock, manager of administrative services, would provide support in accounting, payables, financial reporting, and capitalization of assets in accordance with AEA guidelines. Anna Sattler, community liaison, would communicate directly with Emmonak and Alakanuk residents to ensure that the community is informed of construction activities. For project delivery, an amalgamated team approach would be utilized. To support the AVEC team, design consultants and construction managers (CM) would be selected. Both disciplines are derived from a resource bank of professional firms with applicable histories of performance in rural Alaska. The construction manager would work concurrently with the design consultant through design development to provide constructability insight and value engineering to maximize the overall effectiveness of the final construction documents. Concurrent with design development, material and equipment procurement packages would be formulated by the CM in collaboration with AVEC’s purchasing manager. Each package would be competitively procured or issued from cooperative materials. Purchase orders would be formulated with delivery dates consistent with dates required for barge or air transport Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 7 of 16 8/26/2011 consolidation. Multiple materials and/or equipment would be detailed for consolidated shipments to rural staging points, where secondary transport to the village destination is provided. The CM would track the shipments and provides handling services to and around the destination project sites. The CM would be responsible for the construction activities for all project components of the facility upgrade. Local labor forces would be utilized to the maximum extent possible to construct the projects. Local job training would be provided as a concurrent operation under the management and direction of the CM. All construction costs, direct and indirect would be reimbursed on a cost only reimbursement to the CM or paid directly by AVEC. For the facilities applied for in this application, AVEC is responsible for managing the commissioning process in content with the CM, designers and vendors. That entails testing and training of operational personnel, as well as providing for all contract closeout documents. Selection Process for Contractors:The engineering consultant selection would be based upon technical competencies, past performance, written proposal quality, cost, and general consensus from the technical steering committee. The selection of the consultant would occur in strict conformity with corporate procurement policies, conformance with OMB circulars, and DCAA principles. 3.5 Project Communications Discuss how you plan to monitor the project and keep the Authority informed of the status. AVEC would require that monthly written progress reports be provided with each invoice submitted from contractors. The progress reports would include a summary of tasks completed, issues or problems experienced, upcoming tasks, and contractor’s needs from AVEC. Project progress reports would be collected and forwarded as one package to the AEA project manager each quarter. Semi-annual face-to-face meetings would occur between AVEC and AEA to discuss the status of all wind projects funded through the AEA Renewable Energy Grants program. Individual project meetings would be held, as required or requested by AEA. 3.6 Project Risk Discuss potential problems and how you would address them. In general, logistics, construction activities, and weather all contain significant risks. Weather could delay shipping materials into the community and construction work; however, an experienced contractor, familiar with Alaskan weather conditions, would be selected. It is possible that turbines will need to be erected during winter months, and there are risks with winter work; however, AVEC will select a contractor familiar with winter construction of wind farms in Alaska. In addition, AVEC routinely purchases Builder’s Risk insurance to mitigate its exposure to these risks. Advance planning and allowing time for contingencies is crucial to success in such environments. SECTION 4 – PROJECT DESCRIPTION AND TASKS Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 8 of 16 8/26/2011 Tell us what the project is and how you will meet the requirements outlined in Section 2 of the RFA. The level of information will vary according to phase(s) of the project you propose to undertake with grant funds. If you are applying for grant funding for more than one phase of a project provide a plan and grant budget form for completion of each phase. If some work has already been completed on your project and you are requesting funding for an advanced phase, submit information sufficient to demonstrate that the preceding phases are satisfied and funding for an advanced phase is warranted. 4.1 Proposed Energy Resource Describe the potential extent/amount of the energy resource that is available. Discuss the pros and cons of your proposed energy resource vs. other alternatives that may be available for the market to be served by your project. According to a wind study completed by V3 Energy, Emmonak is a high class 3 wind regime for wind power generation. During 2010, a combined total of 5,044,916 kWh of energy was generated at the Emmonak and Alakanuk power plants using 307,500 gallons of diesel fuel. Adding two Northwind 100 turbines to the existing four turbine wind farm could generate almost 375,000 kWh per year and would help to displace energy normally generated by diesel, and provide excess energy to heat water for use at the school or water plant. Solar power from photovoltaic solar arrays is a potential alternative, but suffers from higher capital cost and lower annual resource availability than wind at this site. 4.2 Existing Energy System 4.2.1 Basic configuration of Existing Energy System Briefly discuss the basic configuration of the existing energy system. Include information about the number, size, age, efficiency, and type of generation. The existing power plant at Emmonak consists of four separate diesel-powered engine generator sets, of 505 kW, 557 kW, 337 kW, and 908 kW capacities. These gensets were originally installed and started up in 2005, 2005, 1977, and 1995, respectively. The 337 kW Cat genset was completely overhauled in 1990. The overall plant generated 14.07 kWh for each gallon of fuel consumed in 2010. Four Northwind 100 wind turbines were installed in March 2011. To date, the generation numbers for the wind farm has not been finalized because the turbines have been operating for only a few months. HOMER modeling completed for the four turbines shows that the 833,000 kWh would be produced annually or about 16% of the electricity generated for Emmonak and Alakanuk (Tab G). AVEC expects to take the existing power plant at Alakanuk offline and install a backup generator soon. (The power plant has three separate diesel-powered engine generator sets, of 350 kW, 499 kW, and 350 kW capacities. The overall plant generated 12.92 kWh for each gallon of fuel consumed in 2010.) Currently, the power plant is running at a reduced capacity. 4.2.2 Existing Energy Resources Used Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 9 of 16 8/26/2011 Briefly discuss your understanding of the existing energy resources. Include a brief discussion of any impact the project may have on existing energy infrastructure and resources. Emmonak and Alakanuk use diesel fuel for electrical power generation, heating oil for boiler (thermal) and home heating, and diesel and gasoline fuel for transportation needs. In Emmonak, recovered heat is provided to the water plant. In Alakanuk, recovered heat is provided to the water plant, and AVEC is working with ANTHC to plan for when the power plant is decommissioned. Between January and December 2010, 224,392 gallons of diesel fuel was consumed to generate 3,157,199 kWh in Emmonak, and 146,108 gallons of diesel fuel was consumed to generate 1,887,717 kWh in Alakanuk. The 2010 fuel consumption numbers do not include the new four turbine wind farm and intertie to Alakanuk that was constructed during the winter/spring 2011. According to HOMER modeling, the four turbine wind farm should generate about 833,000 kWh/year and decrease fuel used for energy generation by about 16%. AVEC expects to begin to see these benefits in 2011, and 2012 will include a full year of wind farm operation. The proposed project would add two Northwind 100 wind turbines to the existing four turbine wind farm and electrical power system. Based on HOMER modeling, the six turbine wind farm will produce 1,250,000 kWh/year (or 25% of the power) when all turbines are operating. The fuel use for energy generation should drop proportionately (and substantially) when the full wind farm is completed. In addition, diesel generator use would be significantly curtailed when the wind farm is fully completed; thereby decreasing generator operations and maintenance costs and enabling generators to last longer and need fewer overhauls. In addition to offsetting much of the diesel- generated electricity, AVEC is working with ANTHC to plan for when the excess wind-generated energy exceeds the electrical demand in the two communities. 4.2.3 Existing Energy Market Discuss existing energy use and its market. Discuss impacts your project may have on energy customers. Emmonak is located at the mouth of the Yukon River, 10 miles from the Bering Sea on the north bank of Kwiguk Pass. Alakanuk is located at the east entrance of Alakanuk Pass, the major southern channel of the Yukon River, 15 miles from the Bering Sea and approximately eight miles from Emmonak. Both villages are subject to subzero temperatures, extended periods of darkness and blowing snow. Reliable electric service is essential to maintaining home heating systems necessary to safeguard the health of the population, especially the elderly and infants. In Emmonak, 20.3 percent of residents are below the poverty line; the median household income is $36,429—about 54 percent of the state’s median household income of $66,712. In Alakanuk, about 0.25 percent of residents are below the poverty level and the median household income is $39,444— about 59 percent of the State’s median household income. Both villages are classified as isolated villages. Emergency medical service is provided by a health aide. Therefore, medical problems and emergencies must be relayed by telephone or by Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 10 of 16 8/26/2011 some other communication means for outside assistance. Operation of the telephone system requires electricity. Reliable telephone service requires reliable electric service. At present, Emmonak has four wind turbines and an intertie that connects to the electrical distribution system in Alakanuk, which is located approximately eight miles away. The turbines were installed in March 2011 and their full benefits have not been realized. In 2010, the electricity consumption (sold) in Emmonak was 3,002,621 kWh and 1,796,901 kWh in Alakanuk. The load of is highest during the winter months, with the bulk of electricity consumed by residences and the school. The addition of two additional wind turbines to the electric generation system would reduce the amount of diesel fuel used for power generation and energy costs would be stabilized in Emmonak and Alakanuk. The existing power demand does not include new infrastructure that would be constructed in the next two to four years in Emmonak and Alakanuk. The Lower Kuskokwim School District (LKSD) new $46M school is currently being designed for Alakanuk. LKSD is also designing a large expansion of the existing Emmonak High School. New school construction will add additional electricity load of Emmonak and Alakanuk during the school year. Piped water and sewer systems exist in both villages. Reliable electric service is required for the continuous operation of the water and wastewater systems and to prevent freezing of the systems, which will cause extensive damage and interruptions in service. Like all of Alaska, Emmonak and Alakanuk are subject to long periods of darkness. Reliable electric service is essential for the operation of home lighting, streetlights, and security lighting. Residents rely on subsistence resources including salmon, moose, beluga whale, seal, rabbit, and waterfowl. Subsistence food is gathered and harvested and stored in refrigerators and freezers. Refrigeration is essential for the extended storage of perishable foodstuffs, and reliable electric service is essential for proper freeze storage of food. The construction of the proposed project would augment and improve the existing power generation system by incorporating a locally available renewable resource. The addition of two wind turbines to the electric generation system would reduce the amount of diesel fuel used for power generation and stabilize energy costs in the community. Sources: Alaska Community Database. 4.3 Proposed System Include information necessary to describe the system you are intending to develop and address potential system design, land ownership, permits, and environmental issues. 4.3.1 System Design Provide the following information for the proposed renewable energy system: A description of renewable energy technology specific to project location Optimum installed capacity Anticipated capacity factor Anticipated annual generation Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 11 of 16 8/26/2011 Anticipated barriers Basic integration concept Delivery methods Description of renewable energy technology.Wind power is the renewable energy option of choice for Emmonak. Of the wind turbine options available on the market, the “village” scale turbine size is considered most appropriate for the combined load profile of Emmonak and Alakanuk. Four Northwind 100 turbines were installed in Emmonak in 2011. These turbines are best suited for the communities’ load and environment. In addition, AVEC has experience integrating and operating these turbines. AVEC expects that once the two additional Northwind 100 wind turbines are added to the four turbine wind farm, wind energy will produce about 25% of the electricity consumed in the villages today. Alone, the two new wind turbines should supply over 375,000 kWh of electrical energy annually. Optimum installed capacity.Proposed are two Northwind 100 turbines to operate in conjunction with four existing Northwind 100 turbines as a wind-diesel hybrid power system that would supply wind generated electricity to Emmonak and Alakanuk via the existing electrical intertie. The installed capacity would be 200 kW (raising installed wind capacity on site from 400 kW to 600 kW). Anticipated capacity factor.HOMER software was used to estimate capacity factor and system penetration (or renewable fraction) of two NW100 turbines in a power system that combines Emmonak and Alakanuk. Using Emmonak’s wind data as discussed in section 4.1, at 80% availability the turbine capacity factor is predicted to be 29.7%. Anticipated annual generation.HOMER software estimates wind production with two NW 100 turbines of 375,000 kWh annually (80% turbine availability). The anticipated generation of the complete six turbine wind farm will be about 1,250,000 kWh/year. Anticipated barriers.No barriers to successful installation and integration of a wind turbine in Emmonak are expected. Four wind turbines were successfully installed in Emmonak in 2011. Basic integration concept.The two new turbines would be added to the existing four turbine wind farm that has already been integrated into the Emmonak power plant. Delivery Method.Power generated by the wind turbines would be distributed via the existing intertie between Emmonak and Alakanuk. Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 12 of 16 8/26/2011 4.3.2 Land Ownership Identify potential land ownership issues, including whether site owners have agreed to the project or how you intend to approach land ownership and access issues. Site control was obtained for a larger wind farm (8 turbines) during the previous construction phase (Tab G). There is ample room for two more turbines. Site control will not be an issue for this project. 4.3.3 Permits Provide the following information as it may relate to permitting and how you intend to address outstanding permit issues. List of applicable permits Anticipated permitting timeline Identify and discussion of potential barriers All applicable permits have been obtained for this project, including: U.S. Army Corps of Engineers: Section 404 Permit (Wetlands Permit) Alaska Department of Fish and Game: Fish Habitat Permit Alaska Department of Natural Resources: Land Use Permit ADNR: Temporary Water Use Permit Federal Aviation Administration: Determination of No Hazard to Air Navigation Alaska Department of Natural Resources: Coastal Consistency Determination (although no longer needed) Permits are found in Tab G. 4.3.4 Environmental Address whether the following environmental and land use issues apply, and if so how they will be addressed: Threatened or Endangered species Habitat issues Wetlands and other protected areas Archaeological and historical resources Land development constraints Telecommunications interference Aviation considerations Visual, aesthetics impacts Identify and discuss other potential barriers All required environmental authorizations have been obtained and are included in Tab G. 4.4 Proposed New System Costs and Projected Revenues (Total Estimated Costs and Projected Revenues) The level of cost information provided will vary according to the phase of funding requested and any previous work the applicant may have done on the project. Applicants must reference the source of their cost data. For example: Applicants Records or Analysis, Industry Standards, Consultant or Manufacturer’s estimates. Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 13 of 16 8/26/2011 4.4.1 Project Development Cost Provide detailed project cost information based on your current knowledge and understanding of the project. Cost information should include the following: Total anticipated project cost, and cost for this phase Requested grant funding Applicant matching funds – loans, capital contributions, in-kind Identification of other funding sources Projected capital cost of proposed renewable energy system Projected development cost of proposed renewable energy system This application is for the installation of two NW 100 turbines in Emmonak that would serve both Emmonak and Alakanuk via the existing electrical intertie. The project would cost $2,676,273 to complete. AVEC is requesting $2,408,646 from AEA through the REF grant program, and AVEC would provide $267,627 (10%) as a cash contribution towards the proposed project. 4.4.2 Project Operating and Maintenance Costs Include anticipated O&M costs for new facilities constructed and how these would be funded by the applicant. (Note: Operational costs are not eligible for grant funds however grantees are required to meet ongoing reporting requirements for the purpose of reporting impacts of projects on the communities they serve.) AVEC estimates the cost of O&M around $3,500 annually. AEA estimates O&M would cost $0.005/kWh or approximately $1,875 annually. O&M costs would be split between the six turbines on site. 4.4.3 Power Purchase/Sale The power purchase/sale information should include the following: Identification of potential power buyer(s)/customer(s) Potential power purchase/sales price - at a minimum indicate a price range Proposed rate of return from grant-funded project Energy produced from the wind/intertie project would be sold to AVEC’s existing customer base in the communities of Emmonak and Alakanuk. The sales price for the wind generated electricity would be determined by the Regulatory Commission of Alaska as is done in all AVEC villages. The delivered cost of energy would be reduced as much as possible for customers within these communities under current regulations, but that price is expected. 4.4.4 Project Cost Worksheet Complete the cost worksheet form which provides summary information that will be considered in evaluating the project. Please see cost/benefit sheet under Tab C. Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 14 of 16 8/26/2011 SECTION 5– PROJECT BENEFIT Explain the economic and public benefits of your project. Include direct cost savings, and how the people of Alaska will benefit from the project. The benefits information should include the following: Potential annual fuel displacement (gal and $) over the lifetime of the evaluated renewable energy project Anticipated annual revenue (based on i.e. a Proposed Power Purchase Agreement price, RCA tariff, or cost based rate) Potential additional annual incentives (i.e. tax credits) Potential additional annual revenue streams (i.e. green tag sales or other renewable energy subsidies or programs that might be available) Discuss the non-economic public benefits to Alaskans over the lifetime of the project Potential annual fuel displacement:The proposed project would add two Northwind 100 wind turbines to the existing four turbine wind farm and electrical power system. Based on HOMER modeling, the six turbine wind farm will produce 1,250,000 kWh/year (or 25% of the power) when all turbines are operating. The fuel use for energy generation should drop proportionately (and substantially) when the full wind farm is completed. The additional two turbines alone could displace an additional 30,000 gallons of fuel used for power generation each year, and about an additional 601,000 gallons over the project’s 20 year lifetime (assuming 80% turbine availability). The two new turbines could save an additional $119,000 during its first full year of operation (expected to be 2014), with savings increasing each year. Anticipated annual revenue/Potential additional annual incentives/Potential additional annual revenue streams.Tax credits are not expected to be beneficial to the project due to AVEC’s status as a non-profit entity. Nonetheless, in addition to saving the direct cost of fuel, AVEC could sell green tags from the project. Non-economic public benefits.The anticipated benefits of installation of the wind turbines would be reducing the negative impact of the cost of energy by providing a renewable energy alternative. This project could help stabilize energy costs and provide long-term socio-economic benefits to village households. Locally produced, affordable energy would empower community residents and could help avert rural to urban migration. AVEC is working with ANTHC to develop a system for excess energy from the wind project to be provided to the water treatment plant in Emmonak. With this system in place there could be excess energy to operate other important community facilities, including city and tribal office buildings, health clinics, and water and sewer systems. Area residents’ health and safety would benefit from the environmental benefits resulting from a reduction of hydrocarbon use, including: Reduced potential for fuel spills or contamination during transport, storage, or use (thus protecting vital water and subsistence food sources) Improved air quality Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 15 of 16 8/26/2011 Decreased contribution to global climate change from fossil fuel use The wind turbines would provide a visual landmark for river, air, and overland travelers, which would help navigation in the area. Wind turbine orientation and rotor speed would provide visual wind information to residents. SECTION 6– SUSTAINABILITY Discuss your plan for operating the completed project so that it will be sustainable. Include at a minimum: Proposed business structure(s) and concepts that may be considered. How you propose to finance the maintenance and operations for the life of the project Identification of operational issues that could arise. A description of operational costs including on-going support for any back-up or existing systems that may be require to continue operation Commitment to reporting the savings and benefits As a local utility that has been in operation since 1968, AVEC is completely able to finance, operate, and maintain this project for the design life. AVEC has capacity and experience to operate this project. AVEC has operating wind projects throughout the state-familiar with planning, constructing, operating, and maintaining wind systems. Business Plan Structures and Concepts which may be considered:The wind turbines would be incorporated into AVEC’s power plant operation and existing wind farm. Local plant operators provide daily servicing. AVEC technicians provide periodic preventative or corrective maintenance and are supported by AVEC headquarters staff, purchasing, and warehousing. How O&M would be financed for the life of the project:The costs of operations and maintenance would be funded through ongoing energy sales to the villages that AVEC serves. Operational issues which could arise:Because the turbines would be added to a operational wind farm, there should be few operational issues to address. Operating costs:The costs of operations and maintenance would be funded through ongoing energy sales to the villages that AVEC serves. Commitment to reporting the savings and benefits:AVEC is fully committed to sharing the savings and benefits accrued from this project information with their shareholders and sharing information regarding savings and benefits with AEA. SECTION 7 – READINESS & COMPLIANCE WITH OTHER GRANTS Discuss what you have done to prepare for this award and how quickly you intend to proceed with work once your grant is approved. Tell us what you may have already accomplished on the project to date and identify other grants that may have been previously awarded for this project and the degree you have been able to meet the requirements of previous grants. Alaska Village Electric Cooperative, Inc. Emmonak/Alakanuk Phase 2 Wind Construction Renewable Energy Fund Grant Application Round 5 AEA 12-001 Grant Application Page 16 of 16 8/26/2011 Work under this grant award could be initiated immediately because the final design, permitting, and site control has been completed. With AEA funding, AVEC installed four wind turbines in Emmonak and constructed an intertie to Alakanuk in 2011. This project would complete the originally planned wind farm. SECTION 8– LOCAL SUPPORT Discuss what local support or possible opposition there may be regarding your project. Include letters of support from the community that would benefit from this project. Letters of support for the project have been received from the City of Emmonak, the Emmonak Corporation, the Emmonak Village, the City of Alakanuk, the Alakanuk Native Corporation, and the Native Village of Alakanuk (Tab G). SECTION 9 – GRANT BUDGET Tell us how much you want in grant funds Include any investments to date and funding sources, how much is being requested in grant funds, and additional investments you will make as an applicant. Include an estimate of budget costs by milestones using the form – GrantBudget5.doc See the detailed budget under Tab C of this application. The total project cost for installing two Northwind 100 turbines at the existing wind farm in Emmonak is $2,676,273 of which $2,408,646 is requested in grant funds from AEA. The remaining $267,627 (10%) would be matched in cash by AVEC. A detail of the grant budget is below. Milestone or Task Grant Funds AVEC Cash Match TOTALS 1. Confirmation that all Design and Feasibility Requirements are Complete $4,500 $500 $5,000 2. Completion of Bid Documents $0 $0 $0 3. Contractor/Vendor Selection and Award $0 $0 $0 4. Construction Phase $2,314,146 $257,127 $2,571,273 5. Integration and Testing (Including As-Built) $58,500 $6,500 $65,000 6. Decommissioning Old Systems $0 $0 $0 7. Final Acceptance, Commissioning and Start-up $27,000 $3,000 $30,000 8. Operations Reporting $4,500 $500 $5,000 TOTALS $2,408,646 $267,627 $2,676,273 Tab A Resumes Tab B Cost Worksheet Renewable Energy Fund Round 5 Project Cost/Benefit Worksheet RFA AEA12-001 Application Cost Worksheet Page 1 8-26-11 Emmonak/Alakanuk Phase 2 Wind Construction Please note that some fields might not be applicable for all technologies or all project phases. The level of information detail varies according to phase requirements. 1. Renewable Energy Source The Applicant should demonstrate that the renewable energy resource is available on a sustainable basis. Annual average resource availability.5.89 m/s (Wind Resource Report dtd 8/31/10) Unit depends on project type (e.g. windspeed, hydropower output, biomasss fuel) 2. Existing Energy Generation and Usage (Note: numbers do not include 4 wind turbines installed in March 2011) a) Basic configuration (if system is part of the Railbelt1 grid, leave this section blank) i. Number of generators/boilers/other 4 ii. Rated capacity of generators/boilers/other 337 kW / 505 kW / 557 kW / 908 kW iii. Generator/boilers/other type diesel engine generators iv. Age of generators/boilers/other 34 yr / 6 yr / 6 yr / 16 yr v. Efficiency of generators/boilers/other 13.62 kWh/gallon (2010 actual- b) Annual O&M cost (if system is part of the Railbelt grid, leave this section blank) i. Annual O&M cost for labor $140,000 (labor and nonlabor) ii. Annual O&M cost for non-labor c) Annual electricity production and fuel usage (fill in as applicable) (if system is part of the Railbelt grid, leave this section blank) i. Electricity [kWh]5,044,916 kWh (2010 actual) ii. Fuel usage Diesel [gal]370,500 gallon (2010 actual) Other iii. Peak Load 977 kW (2010 actual combined with Alakanuk) iv. Average Load 649 kW (2010 actual combined with Alakanuk) v. Minimum Load 246 kW (estimated) vi. Efficiency vii. Future trends d) Annual heating fuel usage (fill in as applicable) i. Diesel [gal or MMBtu] ii. Electricity [kWh] iii. Propane [gal or MMBtu] iv. Coal [tons or MMBtu] 1 The Railbelt grid connects all customers of Chugach Electric Association, Homer Electric Association, Golden Valley Electric Association, the City of Seward Electric Department, Matanuska Electric Association and Anchorage Municipal Light and Power. Renewable Energy Fund Round 5 Project Cost/Benefit Worksheet RFA AEA12-001 Application Cost Worksheet Page 2 8-26-11 v. Wood [cords, green tons, dry tons] vi. Other 3. Proposed System Design Capacity and Fuel Usage (Include any projections for continued use of non-renewable fuels) a) Proposed renewable capacity (Wind, Hydro, Biomass, other) [kW or MMBtu/hr] 200 kW additional wind Raising installed capacity on site from 400 kW to 600 kW b) Proposed annual electricity or heat production (fill in as applicable) i.Electricity [kWh]375,000 kWh ii.Heat [MMBtu] c) Proposed annual fuel usage (fill in as applicable) i. Propane [gal or MMBtu] ii. Coal [tons or MMBtu] iii. Wood [cords, green tons, dry tons] iv. Other 4. Project Cost a) Total capital cost of new system $2,676,000 b) Development cost c) Annual O&M cost of new system $1,900 d) Annual fuel cost 5. Project Benefits a) Amount of fuel displaced for i. Electricity 30,000 gallon (HOMER simulation) ii. Heat 700 gallon (HOMER simulation) iii. Transportation b) Current price of displaced fuel $3.58 (2011-ISER spreadsheet) c) Other economic benefits d) Alaska public benefits 6. Power Purchase/Sales Price a) Price for power purchase/sale N/A 7. Project Analysis a) Basic Economic Analysis Project benefit/cost ratio 0.69 Payback (years)24 Tab C Budget Form Renewable Energy Fund Grant, Round V Grant Application Budget Form Emmmonak/Alakanuk Wind Phase 2 Construction 8/21/2011 1. Confirmation that all Design and Feasibility Requirements are Complete September 1, 2012 4,500$500$cash 5,000$ 2. Completion of Bid Documents September 1, 2012 -$-$cash 3. Contractor/Vendor Selection and Award October 1, 2012 -$-$cash -$ 4. Construction Phase January 15, 2013 cash 4.1 Obtain Surety Bonds cash 4.1 Major Procurements (Turbine, Integration, Foundation Mtls.)632,250$70,250$cash 702,500$ 4.2 Logistics 324,540$36,060$cash 360,600$ 4.3 Turbine Installation (Foundation, Erection, Installation)1,285,356$142,817$cash 1,428,173$ 4.4 Intertie and Distribution 58,500$6,500$cash 65,000$ 4.5 System Integration Component Installation 13,500$1,500$cash 15,000$ cash 5. Integration and Testing (Including As-Built)February 28, 2013 58,500$6,500$cash 65,000$ 6. Decommissioning Old Systems Not Applicable -$-$cash -$ 7. Final Acceptance, Commissioning and Start-up April 1, 2013 27,000$3,000$cash 30,000$ 8. Operations Reporting April 1, 2013 4,500$500$cash 5,000$ TOTALS 2,408,646$267,627$2,676,273$ Budget Categories: Direct Labor & Benefits 90,000$10,000$cash 100,000$ Travel & Per Diem 13,500$1,500$cash 15,000$ Equipment 679,500$75,500$cash 755,000$ Materials & Supplies -$-$cash Contractual Services -$-$cash Construction Services 1,625,645$180,627$cash 1,806,272$ Other -$-$cash TOTALS 2,408,645$267,627$2,676,272$ Applications should include a separate worksheet for each project phase (Reconnaissance, Feasibility, Design and Permitting, and Construction)- Add additional pages as needed Milestone or Task Anticipated Completion Date RE- Fund Grant Funds Grantee Matching Funds Source of Matching Funds: Cash/In-kind/Federal Grants/Other State Grants/Other TOTALS 1 Tab D Letters of Support 1 Colleen Miller Bolling To:Anna Sattler Subject:RE: From:James C. Isidore [mailto:jisidore@avcp.org] Sent:Wednesday, August 24, 2011 4:07 PM To:Anna Sattler Subject: The Alakanuk Traditional Council is in support of construction of two more wind turbines for the intertie project. Please accept this e-mail as a letter of support because our phone, fax line is not in service. This e-mail message has been scanned for Viruses and Content and cleared by MailMarshal Tab E Authorized Signers Form Tab F Authority Tab G Additional Materials Attachment A Emmonak Wind Turbines and Emmonak to Alakanuk Intertie Permits o State Historic Preservation Office Letter o Department of the Army Permit o Alaska Department of Fish and Game (ADF&G)Fish Habitat Permit o Department of Natural Resources (DNR)Division of Coastal and Ocean Management (DCOM)Final Consistency Response o U.S. Fish and Wildlife Service Endangered Species Act Consultation o DNR Division of Mining, Land, and Water (DMLW)Land Use Permit o DNR DMLW Temporary Water Use Authorization o Federal Aviation Administration Determinations of No Hazard to Air Navigation Permit Amendments o ADF&G Fish Habitat Permit Amendment o DNR DCOM Final Consistency Response; Modification to Project o DNR DMLW Amended Land Use Permit o DNR DMLW Amended Temporary Water Use Authorization State Historic Preservation Officer No Historic Properties Affected Letter U.S. Army Corps of Engineers Department of the Army Permit Alaska Department of Fish and Game Fish Habitat (Title 16) Permit STATE OF ALASKA SEAN PARNELL, Governor DEPARTMENT OF FISH AND GAME 333 RASPBERRY RD. ANCHORAGE, ALASKA 99518 DIVISION OF HABITAT PHONE: (907) 267-2342 FAX: (907) 267-2499 FISH HABITAT PERMIT FH 10-II-0268 ISSUED: December 28, 2010 EXPIRES: April 30, 2011 Solstice Alaska Consulting, Inc. c/o Kate Arduser 2607 Fairbanks Street Unit B Anchorage, AK 99503 for Alaska Village Electric Cooperative, Inc. 4831 Eagle Street Anchorage, AK 99503 Dear Ms. Arduser: Re: Winter Equipment Crossing and Ice Bridge Construction Kwiguk Pass and Anuzukanuk Pass, Stream No. 334-10-10970 Alakanuk Pass, Stream No. 334-10-10990 Sections 23 and 26, T. 31 N., R. 82 W., S.M. Section 16, T. 30 N., R. 82 W., S.M. State ID No. AK 1011-05AA; POA-2010-817 Pursuant to AS 16.05.871(b), the Alaska Department of Fish and Game, Division of Habitat, has reviewed your proposal to build six wind turbines in Emmonak and install a 9.5 mile electrical intertie between Emmonak and Alakanuk. Project Description You propose to build ice bridges and cross Kwiguk Pass, Anuzukanuk Pass, and Alakanuk Pass with equipment between December 28, 2010 and April 30, 2011 to install an electrical intertie, including 180 40- foot tall poles (Figure 5). No pole installations will occur below the mean high tide line of Kwiguk Pass, Anuzukanuk Pass, or Alakanuk Pass. Equipment that will be operated on the frozen surfaces of Kwiguk Pass, Anuzukanuk Pass, and Alakanuk Pass includes a tracked crane pile driver and two Caterpillar D6 bulldozers pulling skidded material trailers. All of the work and the associated equipment crossings will be conducted when the ground and river are sufficiently frozen to support the equipment. Anadromous Fish Act and Coastal Consistency Requirements Kwiguk Pass, Anuzukanuk Pass, and Alakanuk Pass have been specified as being important for the spawning, rearing, or migration of anadromous fishes pursuant to AS 16.05.871(a). Kwiguk Pass, AVEC - 2 - Issued: December 28, 2010 FH 10-II-0268 Expires: April 30, 2011 Anuzukanuk Pass, and Alakanuk Pass are known to support Arctic char, whitefish, sheefish, and Chinook, chum, coho, sockeye and pink salmon. Your project is consistent with the Alaska Coastal Management Program pursuant to 11 AAC 110.730 and under Generally Consistent Determinations (GCDs) 5 and 8 (enclosed). In accordance with AS 16.05.871(d), project approval is hereby given subject to the project description above and the following stipulations: 1. To avoid entrainment, impingement, or injury to fish, a properly sized and screened structure must surround the water intake when withdrawing water for the ice bridge construction. The screen mesh shall not exceed 0.04 inches and the water velocity at the screen surface shall not exceed 0.5 feet per second. The intake screen shall be periodically monitored during operations to ensure that the screening has not collapsed between the water intake and screen surface, that there are no openings in the mesh or gaps between the mesh and frame of intake structure greater than 0.04 inches, and that the screen has not become blocked by debris. 2. Streambed and streambanks shall not be excavated, altered, or disturbed in any manner to facilitate the water withdrawal or ice bridge construction. 3. Wheeled or tracked vehicles shall not enter open water areas of Kwiguk Pass, Anuzukanuk Pass, or Alakanuk Pass. Ice or snow bridges and approach ramps must be substantially free of extraneous material (i.e., soil, rock, wood, or vegetation). 4. Vehicles leaking fuel, oil, hydraulic fluid, or other pollutants shall not be operated or moved below the mean high tide line of Kwiguk Pass, Anuzukanuk Pass, or Alakanuk Pass. 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 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. AVEC - 3 - Issued: December 28, 2010 FH 10-II-0268 Expires: April 30, 2011 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 Jim Bales at 267-2143 or emailed to james.bales@alaska.gov. Sincerely, Cora Campbell, Commissioner For: Michael J. Daigneault Regional Supervisor Anchorage Area Office Enc: Figure 5 GCDs 5 and 8 cc: AWT, Bethel ecc: A. Ott, ADF&G B. Piorkowski, ADF&G S. Hayes, ADF&G J. Estensen, ADF&G J. Burr, ADF&G M. Goatley, DCOM S. Palmer, ADEC M. Walton, ADNR C. Snow, ADNR USACE, Regulatory KwigukPassAnuzukanukPassAlakanukPassYukonRiver Rev. 3/99 Updated/Approved--05/2004 1 of 4 GCD-5 GENERALLY CONSISTENT DETERMINATION GCD-5 EQUIPMENT CROSSING OF STREAMS The following activity is consistent with the Alaska Coastal Management Program per 11 AAC 110.730 when conducted according to the standard alternative measures listed below. This approval does not relieve the applicant from obtaining required permits and approvals from local, State, and federal individual agencies. ACTIVITY DESCRIPTION Winter ice crossings of resident fish streams in the North Slope Borough, Northwest Arctic Borough, and Bering Straits CRSA, and short term or transitory crossings of anadromous fish streams by wheeled or tracked vehicles or equipment statewide. Authority: AS 41.14.840 AS 41.14.870 AS 16.20 AS 38.05.850 5 AAC 95 Permits: Fish Habitat Permit (OHMP) Special Area Permit (DFG) Land Use Permit (DNR) Region: Statewide for crossing of anadromous fish streams; winter ice crossings of resident fish streams in the North Slope Borough, Northwest Arctic Borough, and Bering Straits CRSA. PROCEDURE For activities subject to GCD-5, the applicant is not automatically required to complete a coastal project questionnaire (CPQ). For example, a CPQ may not be required for short-term or transitory crossings associated with timber harvest activities on state and federal lands. DFG may require a CPQ for project proposals where it is uncertain whether other state or federal authorizations are required. In all cases, a CPQ is not required for the activities described below on private lands and non-navigable waters reviewed in accordance with AS 41.17, the Alaska Forest Resources and Practices Act. Prior to crossing any stream, river or lake specified as being important for the spawning, Rev. 3/99 Updated/Approved--05/2004 2 of 4 GCD-5 rearing or migration of anadromous fish, the applicant shall obtain a Fish Habitat Permit pursuant to AS 41.14.840 and AS 41.14.870. In addition, construction of an ice bridge across such water bodies in the North Slope Borough, Northwest Arctic Borough, or Bering Straits CRSA coastal districts requires a Fish Habitat Permit pursuant to AS 41.14.840. OHMP will determine in advance of permit issuance if the activity can be accomplished in a manner that ensures protection of fish habitat. The standard alternative measures listed under DNR Land Use Permits apply only when a DNR Land Use Permit is issued under this generally consistent determination. All other conditions apply when a OHMP Fish Habitat or DFG Special Areas Permit is issued. STANDARD ALTERNATIVE MEASURES Summer In-water Crossings 1. Stream crossings shall be made from bank to bank in a direction substantially perpendicular to the direction of stream flow. 2. Stream crossings shall be made only at locations with gradually sloping banks. There shall be no crossings at locations with sheer or cut banks. 3. Stream crossing activities shall be sited and timed to avoid spawning areas and sensitive fish life stages and habitats. OHMP may restrict or prohibit activities during certain sensitive time periods as necessary. 4. Streambanks and streambeds shall not be altered or disturbed in any way to facilitate crossings. DFG and DNR, or the applicable land manager, shall be notified within three working days of any disturbances. Corrective action may be stipulated as applicable and necessary. 5. Movement of equipment through willow (Salix) stands shall be avoided to the extent possible. (North Slope Borough, Northwest Arctic Borough, and Bering Straits CRSA) Ice Bridge Construction or Crossing Frozen Waterbodies 6. Equipment, other than vessels, must not enter open water areas of a watercourse during winter. Ice or snow bridges and approach ramps constructed at stream crossings must be substantially free of extraneous material (i.e., soil, rock, wood, or vegetation) and, if requested by OHMP, must be removed or breached before spring breakup. Alterations of the banks of a watercourse are prohibited. 7. To avoid additional freeze-down of deep-water pools harboring overwintering fish, watercourses shall be crossed at shallow riffle areas from point bar to point bar. Rev. 3/99 Updated/Approved--05/2004 3 of 4 GCD-5 Compaction or removal of the insulating snowcover from the deep-water pool areas of rivers must be avoided. Exceptions to this stipulation may be authorized by OHMP on a case-by-case basis if it determines the pool is deep enough to prevent complete freeze- down. DNR Land Use Permits 8. Vehicle maintenance, refueling of equipment, campsites, or storage and stockpiling of hazardous substances on the surface ice of lakes, ponds, or rivers is prohibited. The storage of non-hazardous material on the surface ice of lakes, ponds, or rivers is allowed with consent from DNR or the applicable land manager. 9. Snow ramps or other mitigating measures will be used to avoid unsafe obstacles to snow machiners or others using the riverway for travel. 10. Equipment shall not operate in flowing water without written authorization from DNR, Division of Land. Wildlife Avoidance 11. Operations must avoid grizzly bear dens by one-half mile. Known bear den locations shall be obtained from OHMP at (907) 459-7289 prior to starting operations. Occupied dens encountered in the field must be reported to the above, and subsequently avoided. (North Slope Borough, Bering Straits CRSA, and Northwest Arctic Borough) 12. Operations shall avoid known polar bear dens by one mile. Known den locations shall be obtained from the U.S. Geological Survey at (907) 786-3424 prior to starting operations. New dens encountered in the field must be reported to the above, and subsequently avoided by one mile. (North Slope Borough, Bering Straits CRSA, and Northwest Arctic Borough) Spill Notification 13. The lessee or permittee shall immediately notify 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 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 lessee or permittee 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. Rev. 3/99 Updated/Approved--05/2004 4 of 4 GCD-5 The posting of information requirements of 18 AAC 75.305 shall be met. The provisions of 18 AAC 75.310 (Scope and Duration of Initial Response Actions) and other reporting requirements of 18 AAC 75.300 - 18 AAC 75.396 also apply. The lessee or permittee 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) 269-7500, 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. ADVISORIES 1. The Alaska Historic Preservation Act (AS 41.35.200) prohibits the appropriation, excavation, removal, injury, or destruction of any state-owned historic, prehistoric, or archeological site without a permit from the commissioner. Should any sites be discovered during the course of field operations, activities that may damage the site shall cease and the Office of History and Archaeology in the DNR, Division of Parks and Outdoor Recreation at (907) 269-8721 and the appropriate coastal district shall be notified immediately. Rev. 5/95 Updated/Approved--05/2004 1 of 4 GCD-8 GENERALLY CONSISTENT DETERMINATION GCD-8 TEMPORARY AND PERMANENT USE OF WATER (100,000 GALLONS/DAY OR LESS) The following activity is consistent with the Alaska Coastal Management Program per 11 AAC 110.730 when conducted according to the standard alternative measures listed below. This approval does not relieve the applicant from obtaining required permits and approvals from local, State, and federal individual agencies, including access permits (before water use begins). For activities subject to this generally consistent determination, the applicant is not automatically required to complete a coastal project questionnaire (CPQ). DNR may require a CPQ for project proposals where it is uncertain whether other State or federal authorizations may be required. For example, a CPQ may not be required for road reconstruction activities since the temporary water use permit is usually the last required permit in an approved and consistent Alaska Department of Transportation and Public Facilities project. Also, a CPQ may not be required for public supply when the water system is existing and the water right application is an after-the-fact filing. DESCRIPTION OF THE ACTIVITY Temporary and permanent water withdrawals, including amendments to existing water withdrawal authorizations, from surface and subsurface water where all water withdrawals cumulatively do not reduce the instream flow below the level necessary to support anadromous and resident fish. (Under AS 46.15, DNR is still required to give notice to OHMP and DEC of the proposed withdrawal to determine the necessary instream flow levels.) Temporary water use may be for an undetermined quantity of water for up to five years. Permanent water use authorizations subject to this generally consistent determination are limited to 100,000 gallons per day. Applications for permanent water uses greater than 100,000 gallons are subject to individual project review. Amendments to existing authorizations must remain within the scope of this generally consistent determination. Routine uses include: • public, commercial, and domestic water supplies; • industrial uses including seafood processing, logging activities, road construction, oil and gas exploration outside environmentally sensitive areas, sand and gravel washing, industrial air cooling, and chemical refining; • public and commercial uses including recreation fields, golf courses, cemeteries, snow making, trailer and recreational vehicle parks, campgrounds, public facilities, ice hockey rinks, commercial malls, car washes, laundries, and washaterias; Rev. 5/95 Updated/Approved--05/2004 2 of 4 GCD-8 • agricultural uses including crop irrigation, livestock watering, nurseries, and greenhouses; • hydroelectric power generation; • fish hatcheries. • hydrostatic testing; and • bottled water. Authority: AS 46.15 AS 41.14.870 AS 16.20 5 AAC 95 11 AAC 93.210 - 220 Permits: Temporary Water Use Permit (DNR) Permit to Appropriate Water (DNR) Fish Habitat Permit (OHMP) Special Area Permit (DFG) Region: Statewide, except AMSAs or Important Use Areas identified in the Bering Straits CRSA plan. PROCEDURE This generally consistent determination does not apply to an operation that must undergo an individual project review because of other State or federal permit requirements. Water withdrawal authorizations connected to commercial mining are reviewed as part of the Alaska Placer Mining Application. STANDARD ALTERNATIVE MEASURES Conditions pertaining to Surface and Subsurface Withdrawals 1. Water discharged (including runoff) shall not be discharged at a rate resulting in sedimentation, erosion, or other disruptions to the bed or banks of the above waters, causing water quality degradation. 2. Water trucks will not be fueled or serviced within 100 feet of a water body. Gas fueled pumps will not be fueled or serviced within 100 feet of a water body unless the pumps are situated within a catch basin designed to contain any spills. Equipment shall not be stored or serviced within 100 feet of any of the subject waterbodies. Conditions pertaining only to Surface Withdrawals Rev. 5/95 Updated/Approved--05/2004 3 of 4 GCD-8 3. Any water intake structure in fish bearing waters, including a screened enclosure, well- point, sump, or infiltration gallery, must be designed, operated, and maintained to prevent fish entrapment, entrainment, or injury, unless specifically exempted by OHMP. 4. Each water intake directly accessible by fish shall be designed to prevent intake, impingement, or entrapment of fish. Preferred methods of water intake include well points, sumps, or infiltration galleries. As an alternative, the water intake structure must be enclosed and centered within a screened box with a maximum screen-mesh size of 0.04-inches. To reduce fish impingement at the screen/water interface, water velocity may not exceed 0.5 feet per second when the pump is operating. Slower water velocities may be stipulated by OHMP if more sensitive anadromous fish life stages (e.g. juvenile whitefish) are present at the water intake source during the period of pumping. OHMP can properly determine the size of the screened box from the pump intake size and capacity to be used. Screens aligned parallel to the stream current will require the least maintenance and will be least likely to impinge fish. 5. Waterbodies shall not be altered to facilitate water appropriation or disturbed in any way. If banks, shores, or beds, are inadvertently disturbed, excavated, compacted, or filled, by activities attributable to this project, they shall be immediately stabilized to prevent erosion and the resultant sedimentation of waterbody which could occur both during and after operations. Any disturbed areas shall be recontoured and revegetated. 6. Adequate flow must remain to support indigenous aquatic life and the watercourse must not be blocked to the passage of fishes. The water appropriation shall not adversely affect any anadromous fish stream. 7. Prior to withdrawing water from fish bearing streams, the OHMP and DNR may require current and expected flow data for the period of proposed water use. DNR may set a maximum rate of diversion and/or a minimum instream flow. 8. Inwater activity will be limited to placement and removal of the intake structure only. No other in-water activities will occur. 9. There shall be no wheeled, tracked, excavating, or other machinery or equipment (with the exception of the non-motorized screened intake box) operated below the ordinary high water line. 10. Permittee must employ pumping operations in such a way as to prevent any petroleum products or hazardous substances contaminating surface or ground water. In case of accidental spills, absorbent pads will be readily available at the water collection point. The lessee or permittee shall immediately notify 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 Rev. 5/95 Updated/Approved--05/2004 4 of 4 GCD-8 greater than 55 gallons solely to land and outside an impermeable containment area. If a 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 lessee or permittee 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 AAC 75.305 shall be met. The provisions of 18 AAC 75.310 (Scope and Duration of Initial Response Actions) and other reporting requirements of 18 AAC 75.300 - 18 AAC 75.396 also apply. The lessee or permittee 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) 269-7500, 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. All fires and explosions must also be reported. The DNR 24 hour report number is (907) 451-2678; the fax number is (907) 451-2751. DNR or the appropriate land manager and DEC shall be supplied with all follow-up incident reports. 11. The suction hose at the water extraction site must be clean and free from contamination at all times to prevent introduction of contamination to the waterbodies, and should be in water of a sufficient depth so that the stream sediments are not disturbed during the extraction process. 12. During the constructional or operational phases of this project, any discharge to state waters made subsequent to this appropriation shall comply with Alaska Water Quality Standards. DNR Division of Coastal and Ocean Management Final Consistency Response DEPARTMENT OF NATURAL RESOURCES DIVISION OF COASTAL AND OCEAN MANAGEMENT Hhttp://www.alaskacoast.state.ak.us SEAN PARNELL GOVERNOR ⌧ SOUTHCENTRAL REGIONAL OFFICE ‰ CENTRAL OFFICE ‰ PIPELINE COORDINATOR’S OFFICE 550 W. 7TH AVENUE, SUITE 705 P.O. BOX 110030 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501 JUNEAU, ALASKA 99801-0030 ANCHORAGE, ALASKA 99501-2343 PH: (907) 269-7470 / FAX: (907) 269-3981 PH: (907) 465-3562 / FAX: (907) 465-3075 PH: (907) 257-1351 / FAX: (907) 272-3829 12/21/10 Kate Arduser Solstice Alaska Consulting, Inc. 2607 Fairbanks St. Unit B Anchorage, AK 99503 Subject: Emmonak Wind Turbines and Intertie to Alakanuk State I.D. No. AK 1011-05AA Final Consistency Response Dear Ms. Arduser: The Division of Coastal and Ocean Management (DCOM) has completed coordinating the State’s review of your proposed project for consistency with the Alaska Coastal Management Program (ACMP). DCOM has developed the attached final consistency response based on reviewers’ comments. Based on an evaluation of your project by the Alaska Departments of Environmental Conservation, Fish and Game, Natural Resources and the Cenaliulriit Coastal District, DCOM concurs with your certification that the project is consistent with the ACMP and affected coastal district’s enforceable policies. This is the final consistency decision for your project. This consistency response is only for the project as described. If you propose any changes to the approved project, including its intended use, prior to or during its siting, construction, or operation, you must contact this office immediately to determine if further review and approval of the revised project is necessary. By copy of this letter, I am informing the U.S. Army Corps of Engineers of DCOM’s final finding. If you have any questions regarding this process, please contact me at 907-269-7474 or email margie.goatley1@alaska.gov. Sincerely, Margie Goatley Project Review Coordinator Enclosures cc: DNR/DMLW DNR/DMLW Carl Andrew CRSA Board Chair-Coastal District Marla Carter ADFG Fran Roche DEC - JNU Michael Walton DNR/DMLW Mike Daigneault ADFG/Habitat Sean Palmer DEC - ANC Shauna McMahon DNR/DCOM SHPO DNR/DPOR/SHPO Karen Nelson USACE Jim Bales ADFG/Habitat Susan Randlett DEC/VSW De Anne S.P. Stevens DNR/DGGS ALASKA COASTAL MANAGEMENT PROGRAM FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 2 FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 3 FINAL CONSISTENCY RESPONSE CONCURRENCE DATE ISSUED: 12/21/10 PROJECT TITLE: EMMONAK WIND TURBINES AND INTERTIE TO ALAKANUK STATE ID. NO.: AK 1101-05AA AFFECTED COASTAL RESOURCE DISTRICT: CENALIULRIIT CRSA PROJECT DESCRIPTION AND SCOPE OF THE PROJECT SUBJECT TO CONSISTENCY REVIEW: Except for the water quality issues addressed through the DEC 401 Certification process, the project subject to this consistency review is to install wind turbines and construct an access road to the west of Emmonak and install an intertie from Emmonak to Alakanuk. Six wind turbines would be installed on individual pads (50’ x 50’). Each tower would stand approx. 130’ tall with blades reaching up to 160’. A 20’ wide access road would be constructed from Yukon Way to the turbines at approx. 1, 029’ long. The total footprint of the turbines and access road is approx. 2.42 acres and would require approx. 12, 553 cubic yards of fill. A 9.5 mile long intertie would supply power generated in Emmonak to Alakanuk. The line would tie directly into the existing riser pole in Emmonak and the existing overhead power line in Alakanuk. Approx. 180 poles and 75 anchors would support the intertie. Steel piles securing each pole would be driven approx. 40’ deep due to permafrost issues. The intertie would cross the Yukon River at Kwiguk Pass, Anuzukanuk Slough and Alakanuk Pass. The intertie would be constructed during winter once ground is frozen. Equipment and supplies for installing the intertie would be moved bet. the villages on a winter trail and may require ice bridges at the three locations listed above. The turbines would be constructed during the spring and summer months. The applicant has agreed to abide by the standard alternative measures in General Consistency Determination (GCD) #5 (Equipment Crossing of Streams) and #8 (Temporary and Permanent Use of Water). Please note that before any material is removed from a material source (new or existing), a Coastal Project Questionnaire with the necessary applications and supporting documents must be submitted to this office. Not specifying a material source in this review means that additional material source permits and/or approvals may be required, which may delay the project described above. The proposed project is located in the Cenaliulriit CRSA / Emmonak to Alakanuk / USGS Map: Kwiguk D-6 / S031N081W17&18; S031N082W13, 14, 15, 22, 23, 26&35; S030N082W02, 03, 09&10 CONSISTENCY STATEMENT: DCOM concurs with the consistency certification submitted by Ms. Kate Arduser of Solstice Alaska Consulting, Inc. FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 4 AUTHORIZATIONS: State agencies shall issue the following authorizations within five days after DCOM issues the final consistency determination that concurs with the applicant’s consistency certification, unless the resource agency considers additional time to be necessary to fulfill its statutory or regulatory authority. U.S. Army Corps of Engineers Section 404 and 10 Permit No. POA-2010-817 Department of Environmental Conservation Certificate of Reasonable Assurance (401) Alaska Department of Fish and Game Division of Habitat/Fish Habitat Permit Department of Natural Resources Division of Mining, Land and Water/Temporary Water Use Permit The Department of Environmental Conservation (DEC) will review any activities subject to DEC permits, certifications, approvals, and authorizations for consistency with 11 AAC 112.310. The issuance of the permits, certifications, approvals, and authorizations by DEC establishes consistency with 11 AAC 112.310 for those specific activities. Please note that, in addition to their consistency review, State agencies with permitting responsibilities will evaluate this proposed project according to their specific permitting authorities. Agencies will issue permits and authorizations only if they find the proposed project complies with their statutes and regulations in addition to being consistent with the coastal program. An agency may deny a permit or authorization even though the ACMP concurs with your consistency certification. Authorities outside the ACMP may result in additional permit/lease conditions. If a requirement set out in the project description (per 11 AAC 110.260) is more or less restrictive than a similar requirement in a resource agency authorization, the applicant shall comply with the more restrictive requirement. Applicants may not use any State land or water without Department of Natural Resources (DNR) authorization. APPEAL: This final consistency response is a final administrative order and decision under the ACMP and for purposes of Alaska Appellate Rules 601-612. Any appeal from this decision to the superior court of Alaska must be made within thirty (30) days of the date this determination is issued. ENFORCEMENT: Pursuant to 11 AAC 110.260(e) and 110.445(e), if after receiving this final consistency response, the applicant fails to implement an adopted alternative measure, or if the applicant undertakes a project modification not incorporated into the final determination and not reviewed under 11 AAC 110.800-11 AAC 110.820, State resource agency may take enforcement action according to the resource agency’s statutory and regulatory authorities, priorities, available resources, and preferred methods. ADVISORIES: Please be advised that although the DCOM concurs with your certification that the project is consistent with the ACMP, you are still required to meet all applicable State and federal laws and regulations. This consistency finding may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. If the proposed activities reveal cultural or paleontological resources, please stop any work that would disturb such resources and immediately contact the State Historic Preservation Office (907-269-8720) and the [COE permit?]U.S. Army Corps of Engineers (907-753-2712) [other federal agency?] so that consultation per section 106 of the National Historic Preservation Act may proceed. Final Consistency Response Prepared By: Margie Goatley; Project Review Coordinator 550 W. 7th Ave., Suite 705 Anchorage, AK 99501 (907)269-7474 _______________________________12/21/10_______ Signature/Date ACMP CONSISTENCY EVALUATION Pursuant to the following evaluation, the project as proposed is consistent with applicable ACMP statewide and affected coastal resource district enforceable policies (copies of the policies are FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 5 FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 2 available on the ACMP web site at http://www.alaskacoast.state.ak.us). STATEWIDE STANDARDS 11 AAC 112.200. Coastal development a) In planning for and approving development in or adjacent to coastal waters, districts and state agencies shall manage coastal land and water uses in such a manner that those uses that are economically or physically dependent on a coastal location are given higher priority when compared to uses that do not economically or physically require a coastal location. (b) Districts and state agencies shall give, in the following order, priority to (1) water-dependent uses and activities; (2) water-related uses and activities; and (3) uses and activities that are neither water-dependent nor water-related for which there is no practicable inland alternative to meet the public need for the use or activity Evaluation: b) Coastal water is defined as those waters, adjacent to the shorelines that contain a measurable quantity or percentage of sea water. As the proposed project is not adjacent to coastal waters, this standard does not apply to this project. No comments were received that referenced this standard. c) DCOM defers to the United States COE to interpret compliance with the referenced standards. 11 AAC 112.210. Natural hazard areas Evaluation: The proposed project is located within a natural hazard area for permafrost. Woven geotextile fabric will be placed on the native vegetation prior to any fill material for insulation purposes. In addition, the wind turbine tower design will incorporate thermosyphons which will freeze the active layer after the towers are installed. No comments were received that referenced this standard. 11 AAC 112.220. Coastal access Evaluation: This standard states that districts and State agencies shall ensure that projects maintain and, where appropriate, increase public access to, from, and along coastal water. “Coastal water” is defined as “those waters, adjacent to the shorelines that contain a measurable quantity or percentage of sea water.” As the proposed project is not adjacent to coastal waters, this standard does not apply to this project. No comments were received that referenced this standard. 11 AAC 112.230. Energy facilities Evaluation: This project does not qualify as a “major energy facility” as defined by 11 AAC 112.990(14). Major energy facilities are defined as developments of “more than local concern”. While the proposed project will be used to produce energy for in-state energy use, the proposed project would only serve the needs of one coastal district, rather than a statewide or interregional need. The proposed project would certainly not meet national energy needs. So although the facility produces energy, it is not a major energy facility per this standard. No comments were received that referenced this standard. 11 AAC 112.240. Utility routes and facilities Evaluation: The proposed project is not located along the coast and is sited inland from beaches and shorelines. No comments were received that referenced this standard. FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 3 11 AAC 112.250. Timber harvest and processing Evaluation: This project does not involve the harvesting or processing of timber, therefore, this standard does not apply to this project. No comments were received that referenced this standard. 11 AAC 112.260. Sand and gravel extraction Evaluation: This project does not involve the removal of sand or gravel, therefore, this standard does not apply to this project. No comments were received that referenced this standard. 11 AAC 112.270. Subsistence Evaluation: This standard requires designation of subsistence use areas by the coastal district or DNR. Cenaliulriit CRSA Coastal District Enforceable Policies and/or DNR have not found the proposed project location to be within a subsistence area, therefore, this standard does not apply to this project. No comments were received that referenced this standard. 11 AAC 112.280. Transportation routes and facilities Transportation routes and facilities must avoid, minimize, or mitigate: 1) Alterations in surface and ground water drainage patterns; 2) Disruption in known or reasonably foreseeable wildlife transit; and 3) Blockage of existing or traditional access Evaluation: 1) Alterations of surface and ground water drainage patterns would likely occur as a result of this project. However, the proposed access road has been limited to one lane and to a length that is the minimum distance possible to ensure that there is no winder interference/blockage between the wind turbines. The proposed access road has been engineered to include one culvert to aid in maintaining surface and ground water drainage patterns. 2) There will be no known disruption to known or reasonably foreseeable wildlife transit as a result of the proposed access road. 3) There will be no known blockage or existing or traditional access as a result of the proposed access road. No comments were received that referenced this project. 11 AAC 112.300. Habitats The Habitat Standard requires that habitats in the coastal area be managed so as to avoid, minimize, or mitigate significant adverse impacts to habitat. In addition, wetlands and rivers must be managed to avoid, minimize, or mitigate significant adverse impacts to: Wetlands Flow and natural drainage patterns Rivers, lakes and streams A) Natural water flow B) Active floodplains; and C) Natural vegetation within riparian management areas Evaluation: Wetlands Complete avoidance of wetlands is not possible because most of the area around Emmonak and Alakanuk is wetlands. It is difficult to find a location in the area that would not impact wetlands and would provide an optimal location for harnessing wind energy and construction an intertie to transport it to the FINAL CONSISTENCY RESPONSE- CONCURRENCE PAGE 4 communities. The turbine access road footprint has been minimized by limiting the access road to one lane (20 ft wide) and to a length that is the minimum distance possible to ensure that there is no wind interference/blockage between wind turbines. The distribution line has been designed with the shortest alignment practicable and with an h-pile design that minimizes the project footprint. Further, work on the intertie would be conducted during the winter when the ground is frozen to avoid impacts to wetlands. Placement of a culvert has been incorporated into the road design to mitigate impacts to water flow and natural drainage patterns. Rivers, lakes and streams A) No structures related to the proposed project will be placed within any anadromous river, lake or stream. River and stream crossings will only occur during winter, sometimes requiring ice roads. The applicant has agreed to all standard alternative measures listed on General Consistency Determination (GCD) #5 (Equipment Crossing of Streams) and #8 (Temporary and Permanent Use of Water). B) The proposed project is not being constructed in an active floodplain. C) No portion of the proposed project (including the intertie structures/h-piles or anchors will be installed within the riparian management areas of any anadromous river, lake or stream. No comments were received that referenced this project. 11 AAC 112.310. Air, land, and water quality. Evaluation: Notwithstanding any other provision of this chapter, the statutes and regulations of the Department of Environmental Conservation with respect to the protection of air, land, and water quality identified in AS 46.40.040(b) are incorporated into the program and, as administered by that department, constitute the exclusive components of the program with respect to those purposes. (Eff. 7/1/2004, Register 170) 11 AAC 112.320. Historic, prehistoric, and archeological resources. Evaluation: Comments from the district and the State did not identify the proposed project location as an area which is important to the study, understanding, or illustration of national, state, or local history or prehistory. The applicant has been advised to contact DNR/SHPO and the U.S. Army Corps of Engineers should a site of cultural or historical significance be suspected or revealed and to stop any work that would disturb any resources. AFFECTED COASTAL RESOURCE DISTRICT ENFORCEABLE POLICIES There are no Cenaliulriit CRSA enforceable policies that apply to this project. The Division of Coastal and Ocean Management did not receive comments from the Cenaliulriit CRSA during the course of this review. Rev. 3/99 Updated/Approved--05/2004 1 of 4 GCD-5 GENERALLY CONSISTENT DETERMINATION GCD-5 EQUIPMENT CROSSING OF STREAMS The following activity is consistent with the Alaska Coastal Management Program per 11 AAC 110.730 when conducted according to the standard alternative measures listed below. This approval does not relieve the applicant from obtaining required permits and approvals from local, State, and federal individual agencies. ACTIVITY DESCRIPTION Winter ice crossings of resident fish streams in the North Slope Borough, Northwest Arctic Borough, and Bering Straits CRSA, and short term or transitory crossings of anadromous fish streams by wheeled or tracked vehicles or equipment statewide. Authority: AS 41.14.840 AS 41.14.870 AS 16.20 AS 38.05.850 5 AAC 95 Permits: Fish Habitat Permit (OHMP) Special Area Permit (DFG) Land Use Permit (DNR) Region: Statewide for crossing of anadromous fish streams; winter ice crossings of resident fish streams in the North Slope Borough, Northwest Arctic Borough, and Bering Straits CRSA. PROCEDURE For activities subject to GCD-5, the applicant is not automatically required to complete a coastal project questionnaire (CPQ). For example, a CPQ may not be required for short-term or transitory crossings associated with timber harvest activities on state and federal lands. DFG may require a CPQ for project proposals where it is uncertain whether other state or federal authorizations are required. In all cases, a CPQ is not required for the activities described below on private lands and non-navigable waters reviewed in accordance with AS 41.17, the Alaska Forest Resources and Practices Act. Prior to crossing any stream, river or lake specified as being important for the spawning, Rev. 3/99 Updated/Approved--05/2004 2 of 4 GCD-5 rearing or migration of anadromous fish, the applicant shall obtain a Fish Habitat Permit pursuant to AS 41.14.840 and AS 41.14.870. In addition, construction of an ice bridge across such water bodies in the North Slope Borough, Northwest Arctic Borough, or Bering Straits CRSA coastal districts requires a Fish Habitat Permit pursuant to AS 41.14.840. OHMP will determine in advance of permit issuance if the activity can be accomplished in a manner that ensures protection of fish habitat. The standard alternative measures listed under DNR Land Use Permits apply only when a DNR Land Use Permit is issued under this generally consistent determination. All other conditions apply when a OHMP Fish Habitat or DFG Special Areas Permit is issued. STANDARD ALTERNATIVE MEASURES Summer In-water Crossings 1. Stream crossings shall be made from bank to bank in a direction substantially perpendicular to the direction of stream flow. 2. Stream crossings shall be made only at locations with gradually sloping banks. There shall be no crossings at locations with sheer or cut banks. 3. Stream crossing activities shall be sited and timed to avoid spawning areas and sensitive fish life stages and habitats. OHMP may restrict or prohibit activities during certain sensitive time periods as necessary. 4. Streambanks and streambeds shall not be altered or disturbed in any way to facilitate crossings. DFG and DNR, or the applicable land manager, shall be notified within three working days of any disturbances. Corrective action may be stipulated as applicable and necessary. 5. Movement of equipment through willow (Salix) stands shall be avoided to the extent possible. (North Slope Borough, Northwest Arctic Borough, and Bering Straits CRSA) Ice Bridge Construction or Crossing Frozen Waterbodies 6. Equipment, other than vessels, must not enter open water areas of a watercourse during winter. Ice or snow bridges and approach ramps constructed at stream crossings must be substantially free of extraneous material (i.e., soil, rock, wood, or vegetation) and, if requested by OHMP, must be removed or breached before spring breakup. Alterations of the banks of a watercourse are prohibited. 7. To avoid additional freeze-down of deep-water pools harboring overwintering fish, watercourses shall be crossed at shallow riffle areas from point bar to point bar. Rev. 3/99 Updated/Approved--05/2004 3 of 4 GCD-5 Compaction or removal of the insulating snowcover from the deep-water pool areas of rivers must be avoided. Exceptions to this stipulation may be authorized by OHMP on a case-by-case basis if it determines the pool is deep enough to prevent complete freeze- down. DNR Land Use Permits 8. Vehicle maintenance, refueling of equipment, campsites, or storage and stockpiling of hazardous substances on the surface ice of lakes, ponds, or rivers is prohibited. The storage of non-hazardous material on the surface ice of lakes, ponds, or rivers is allowed with consent from DNR or the applicable land manager. 9. Snow ramps or other mitigating measures will be used to avoid unsafe obstacles to snow machiners or others using the riverway for travel. 10. Equipment shall not operate in flowing water without written authorization from DNR, Division of Land. Wildlife Avoidance 11. Operations must avoid grizzly bear dens by one-half mile. Known bear den locations shall be obtained from OHMP at (907) 459-7289 prior to starting operations. Occupied dens encountered in the field must be reported to the above, and subsequently avoided. (North Slope Borough, Bering Straits CRSA, and Northwest Arctic Borough) 12. Operations shall avoid known polar bear dens by one mile. Known den locations shall be obtained from the U.S. Geological Survey at (907) 786-3424 prior to starting operations. New dens encountered in the field must be reported to the above, and subsequently avoided by one mile. (North Slope Borough, Bering Straits CRSA, and Northwest Arctic Borough) Spill Notification 13. The lessee or permittee shall immediately notify 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 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 lessee or permittee 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. Rev. 3/99 Updated/Approved--05/2004 4 of 4 GCD-5 The posting of information requirements of 18 AAC 75.305 shall be met. The provisions of 18 AAC 75.310 (Scope and Duration of Initial Response Actions) and other reporting requirements of 18 AAC 75.300 - 18 AAC 75.396 also apply. The lessee or permittee 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) 269-7500, 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. ADVISORIES 1. The Alaska Historic Preservation Act (AS 41.35.200) prohibits the appropriation, excavation, removal, injury, or destruction of any state-owned historic, prehistoric, or archeological site without a permit from the commissioner. Should any sites be discovered during the course of field operations, activities that may damage the site shall cease and the Office of History and Archaeology in the DNR, Division of Parks and Outdoor Recreation at (907) 269-8721 and the appropriate coastal district shall be notified immediately. USFWS Endangered Species Act Consultation Concurrence Letter United States Department of the Interior FISH AND WILDLIFE SERVICE Anchorage Fish and Wildlife Field Office 605 West 4th Avenue, Room G-61 Anchorage, Alaska 99501-2249 in reply refer to AFWFO October 29, 2010 Robin Reich Solstice Alaska Consulting, Inc. 2607 Fairbanks Street, Unit B Anchorage, AK 99503-2823 Re: Emmonak and Alakanuk - Wind Turbines and Distribution Line Project (Consultation number 2011-0014) Dear Robin, On October 8, 2010, we received your biological determination for a proposed project by The Alaska Village Electric Cooperative Inc. (AVEC), with funding from the Alaska Energy Authority, to build six wind turbines in Emmonak, Alaska and an electrical distribution tie line (intertie) to transport power generated in Emmonak to Alakanuk, Alaska (S 17, 18 T31N, R81W; S 13, 14, 15, 22, 23, 26, 35 T31N, R82W; S 2, 3, 9, 10 T30N, R82W; Seward Meridian; USGS Map Kwiguk D-6). You supplied answers to a couple questions of mine on October 12. Specifically, that the intertie would be constructed during winter months, while the ground is frozen and birds are not migrating through the area, between December 2010 and April 2011. Construction of the wind turbines would begin in May and end by September 2011. The turbines would NOT be supported by guy wires; however, intertie piles would be anchored with guy wires at the major watercourse crossings and at significant turns in the line. As identified in the biological determination, spectacled eiders may nest in the project area during April to July. To avoid take of spectacled eiders, before any vegetative clearing occurs during April to July a thorough foot search of all grassy areas that will be denuded will be conducted immediately prior to construction. This conservation measure is not prohibitively expensive and is unlikely to affect work because spectacled eiders nest in low numbers in the action area for this project. However, if a nesting spectacled eider is located, work around that nest will be postponed until the end of nesting season. Note: nesting spectacled eider(s) cannot be moved and eggs are protected against take as well under the Endangered Species Act. In addition, regarding the major watercourse crossings and protections afforded to birds under the Migratory Bird Treaty Act, we also recommend the use of bird diverters for these sections of the intertie, as well as the guy wires on intertie piles, to reduce the likelihood of bird strikes. The Service concurs with your determination that this proposed action is not likely to adversely affect listed species or adversely modify critical habitat. In view of this, requirements of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq., as amended; ESA) have been satisfied. Preparation of a biological assessment or further consultation under section 7 of the ESA is not necessary at this time. However, section 7 consultation must be re-initiated if new Robin Reich 2 information reveals project impacts that may affect listed species or critical habitat in a manner not previously considered, if this action is subsequently modified in a manner which was not considered in this assessment, or if a new species is listed, or critical habitat determined, that may be affected by the identified action. This letter relates only to federally listed or proposed species, and/or designated or proposed critical habitat, under our jurisdiction; namely, the Aleutian shield fern (Polystichum aleuticum, listed as endangered in 1988), spectacled eider (Somateria fischeri, listed as threatened in 1993), North American breeding Steller’s eider (Polysticta stelleri, listed as threatened in 1997), the southwest distinct population segment of northern sea otter (Enhydra lutris kenyoni, listed as threatened in 2005), short-tailed albatross (Phoebastria albatrus, listed as endangered in 2000), polar bear (Ursus maritimus, listed as threatened in 2008), Kittlitz’s murrelet (Brachyramphus brevirostris, listed as a candidate species in 2005), and yellow-billed loon (Gavia adamsii, listed as a candidate species in 2009). This letter does not address species under the jurisdiction of the National Marine Fisheries Service, or other legislation or responsibilities under the Fish and Wildlife Coordination Act, Clean Water Act, National Environmental Policy Act, Marine Mammal Protection Act, or Bald and Golden Eagle Protection Act. Thank you for your cooperation in meeting our joint responsibilities under section 7 of the ESA. If you have any questions, please contact me at (907) 271-3063 and refer to consultation number 2011-0014. Sincerely, Tim Langer, Ph.D. Endangered Species Biologist T:\s7\2011 sec 7\Not Likely to Adversely Affect\2011-0014 s7 letter.pdf Department of Natural Resources Division of Mining, Land, and Water Land Use Permit DNR Mining, Land and Water Temporary Water Use Authorization SEAN PARNELL,GOVERNOR DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND & WATER Water Resources Section December 29, 2010 Alaska Village Electric Cooperative, Inc. Attn: Brent Petrie 4831 Eagle Street Anchorage, AK 99503 Re: Temporary Water Use Authorization , TWUP A2010-126 Dear Mr. Petrie: 550 WEST 71"AVENUE, SUITE 1020 ANCHORAGE, ALASKA 99501-3562 PHONE: (907) 269-8600 FAX: (907) 269-8904 The Water Resources Section completed the review of Alaska Village Electric Cooperative,Inc.'s Application for Temporary Use of Water to use water for ice bridge construction and maintenance in connection with the Emmonak Wind Turbines and Emmonak to Alakanuk Electrical Distribution Intertie Project .Enclosed is Temporary Water Use Authorization TWUP A2010-126, expiration date of April 30, 2011. Please note all of the conditions on the authorization ,especially conditions five (5), six (6) and thirteen (13) through eighteen (18). If changes to this project are proposed during its operation, please contact this office immediately to determine if further review is necessary. If you have any questions or concerns about this authorization, I may be contacted at telephone number (907) 269-8609. Thank you for your cooperation with the Water Resources Section. Sincerely, Michael Walton Natural Resource Manager Encl. Temporary Water Use Authorization TWUP A2010-126 Cc Colleen Bolling, Environ. Planner, Solstice Alaska Consulting, Inc. (via email: colleen@solsticeak.com) "Develop, Conserve,and Enhance Natural Resources for Present and Future Alaskans." ALASKA DEPARTMENT OF NATURAL RESOURCES Division of Mining ,Land, and Water Water Resources Section 550 West 7°i Avenue, Suite 1020, Anchorage, AK 99501-3562 TEMPORARY WATER USE AUTHORIZATION TWUP A2010-126 Pursuant to AS 46.15, as amended and the rules and regulations promulgated thereunder,permission is hereby granted to Alaska Village Electric Cooperative, Inc., 4831 Eagle Street, Anchorage, Alaska 99503, and its contractors,to withdraw up to 96,000 gallons of water per day at a maximum pump rate of 400-gallons per minute from each of the below -described sources of water (subject to a combined maximum of 7,104 ,000 gallons of water for the project). Water withdrawals may occur between December 29, 2010 and April 30, 2011, inclusive. To facilitate river crossings by heavy equipment in connection with the Emmonak Wind Turbines and Emmonak to Alakanuk Electrical Distribution Intertie Project, the water will be used to construct and maintain an ice bridge over Kwiguk Pass (within Section 23, Township 31 North, Range 82 West, Seward Meridian), over Anuzukanuk Pass (within Section 26, Township 31 North, Range 82 West, Seward Meridian), and over Alakanuk Pass (within Section 16, Township 30 North, Range 82 West, Seward Meridian). SOURCES OF WATER: Kwiguk Pass within Section 23, Township 31 North,Range 82 West ,Seward Meridian. Anuzukanuk Pass within Section 26, Township 31 North,Range 82 West ,Seward Meridian. Alakanuk Pass within Section 16, Township 30 North ,Range 82 West, Seward Meridian. STRUCTURES TO BE CONSTRUCTED AND USED: Screened water intake structure(s), pump(s) with maximum of 400-gpm output, approximately 500-feet of pipe and/or hose, water trucks, and water spreading equipment. Changes in the natural state of water are to be made as stated herein and for the purposes indicated. During the effective period of this authorization ,the permittee shall comply with the following conditions: CONDITIONS: 1. Follow acceptable engineering standards in exercising the privileges granted herein. 2. Comply with all applicable laws, and any rules and /or regulations issued thereunder. Temporary Water Use Authorization TWUP A2010-126 Page I of 3 3. Except for claims or losses arising from negligence of the State, defend and indemnify the State against and hold it harmless from any and all claims, demands, suits, loss, liability and expense for injury to or death of persons and damages to or loss of property arising out of or connected with the exercise of the privileges covered by this authorization. 4. Notify the Water Resources Section upon change of address. 5. The permittee is responsible for obtaining and complying with other permits /approvals (state, federal ,or local )that may be required. 6. This authorization does not authorize the permittee to enter upon any lands until proper rights-of-way, easements ,or permission documents from the appropriate landowner have been obtained. 7. Failure to respond to a request for additional information during the term of the authorization may result in the termination of this authorization. 8. The permittee shall allow an authorized representative of the Water Resources Section to inspect, at reasonable times, any facilities, equipment, practices, or operators regulated or required under this authorization. 9. The permittee is responsible for the actions of contractors, agents, or other persons who perform work to accomplish the approved project, and shall ensure that workers are familiar with the requirements of this authorization. For any activity that significantly deviates from the approved project during its siting, construction, or operation, the permittee is required to contact the Water Resources Section and obtain approval before beginning the activity. 10. The Water Resources Section may modify this authorization to include different limitations, expand monitoring requirements ,evaluate impacts ,or require restoration at the site. 11. Pursuant to 11 AAC 93.220 (f), this authorization may be suspended by the Department of Natural Resources to protect the water rights of other persons or the public interest. 12. Any false statements or representations, in any application, record, report, plan, or other document filed or required to be maintained under this authorization, may result in the termination of this authorization. 13. This authorization is subject to Alaska Coastal Management Program Final Consistency Response Concurrence dated December 21, 2010 (Emmonak Wind Turbines and Intertie to Alakanuk ,State ID. No.: AK 1101-05AA)and the Generally Consistent Determination GCD-8 that is referenced therein . A copy of Generally Consistent Determination GCD-8 consisting of four pages is attached hereto and made a part hereof, where applicable. 14. To avoid entrainment ,impingement ,or injury to fish ,a properly sized and screened structure must surround the water intake when withdrawing water for the ice bridge construction .The screen mesh shall not exceed 0.04 inches and the water velocity at the screen surface shall not exceed 0.5 feet-per -second. The intake screen shall be periodically monitored during operations to ensure that the screening has not collapsed between the water intake and screen surface ,that there are no openings in the mesh or gaps between the Temporary Water Use Authorization TWUP A2010-126 Page 2 of 3 mesh and frame of intake structure greater than 0.04 inches, and that the screen has not become blocked by debris. 15. Streambed and stream banks shall not be excavated, altered ,or disturbed in any manner to facilitate the water withdrawal or ice bridge construction. 16. Wheeled or tracked vehicles shall not enter open water areas of Kwiguk Pass, Anuzukanuk Pass, or Alakanuk Pass. Ice or snow bridges and approach ramps must be substantially free of extraneous material (i.e., soil ,rock,wood ,or vegetation). 17. Vehicles leaking fuel, oil, hydraulic fluid, or other pollutants shall not be operated or moved below the mean high tide line of Kwiguk Pass, Anuzukanuk Pass, or Alakanuk Pass. 18. The temporary water intake near Alakanuk pursuant to this authorization ,shall be located downstream of the water intake for the community to avoid impacts to the communities public water supply. This Temporary Water Use Authorization is issued pursuant to 11 AAC 93 .220. No water right or priority is established by a temporary water use authorization issued pursuant to 11 AAC 93.220. Water so used is subject to appropriation by others (11 AAC 93.210 (b)). Pursuant to 11 AAC 93.210 (b), authorized temporary water use is subject to amendment ,modification, or revocation by the Department of Natural Resources if the Department of Natural Resources determines that amendment ,modification ,or revocation is necessary to supply water to lawful appropriators of record or to protect the public interest. This authorization shall expire on April 30, 2011. Date issued: Approved: Title: Q /An 1fHL^ Temporary Water Use Authorization TWUP A2010-126 Page 3 of 3 GENERALLY CONSISTENT DETERMINATION GCD-8 TEMPORARY AND PERMANENT USE OF WATER (100,000 GALLONS/DAY OR LESS) The following activity is consistent with the Alaska Coastal Management Program per 11 AAC 110.730 when conducted according to the standard alternative measures listed below. This approval does not relieve the applicant from obtaining required permits and approvals from local, State, and federal individual agencies, including access permits (before water use begins). For activities subject to this generally consistent determination, the applicant is not automatically required to complete a coastal project questionnaire (CPQ). DNR may require a CPQ for project proposals where it is uncertain whether other State or federal authorizations may be required. For example, a CPQ may not be required for road reconstruction activities since the temporary water use permit is usually the last required permit in an approved and consistent Alaska Department of Transportation and Public Facilities project. Also, a CPQ may not be required for public supply when the water system is existing and the water right application is an after-the-fact filing. DESCRIPTION OF THE ACTIVITY Temporary and permanent water withdrawals,including amendments to existing water withdrawal authorizations , from surface and subsurface water where all water withdrawals cumulatively do not reduce the instream flow below the level necessary to support anadromous and resident fish. (Under AS 46.15, DNR is still required to give notice to OHMP and DEC of the proposed withdrawal to determine the necessary instream flow levels.) Temporary water use may be for an undetermined quantity of water for up to five years. Permanent water use authorizations subject to this generally consistent determination are limited to 100 ,000 gallons per day.Applications for permanent water uses greater than 100,000 gallons are subject to individual project review .Amendments to existing authorizations must remain within the scope of this generally consistent determination. Routine uses include: • public, commercial, and domestic water supplies; • industrial uses including seafood processing, logging activities, road construction, oil and gas exploration outside environmentally sensitive areas, sand and gravel washing, industrial air cooling, and chemical refining; • public and commercial uses including recreation fields, golf courses, cemeteries, snow making, trailer and recreational vehicle parks, campgrounds, public facilities, ice hockey rinks, commercial malls, car washes, laundries, and washaterias; Rev. 5/95 Updated/Approved--05/2004 I of 4 GCD-8 • agricultural uses including crop irrigation, livestock watering, nurseries, and greenhouses; • hydroelectric power generation; • fish hatcheries. • hydrostatic testing; and • bottled water. Authority:AS 46.15 AS 41.14.870 AS 16.20 5 AAC 95 11 AAC 93.210 - 220 Permits:Temporary Water Use Permit (DNR) Permit to Appropriate Water (DNR) Fish Habitat Permit (OHMP) Special Area Permit (DFG) Region:Statewide, except AMSAs or Important Use Areas identified in the Bering Straits CRSA plan. PROCEDURE This generally consistent determination does not apply to an operation that must undergo an individual project review because of other State or federal permit requirements. Water withdrawal authorizations connected to commercial mining are reviewed as part of the Alaska Placer Mining Application. STANDARD ALTERNATIVE MEASURES Conditions pertaining to Surface and Subsurface Withdrawals 1. Water discharged (including runoff) shall not be discharged at a rate resulting in sedimentation, erosion, or other disruptions to the bed or banks of the above waters, causing water quality degradation. 2. Water trucks will not be fueled or serviced within 100 feet of a water body. Gas fueled pumps will not be fueled or serviced within 100 feet of a water body unless the pumps are situated within a catch basin designed to contain any spills. Equipment shall not be stored or serviced within 100 feet of any of the subject waterbodies. Conditions pertaining only to Surface Withdrawals Rev. 5/95 Updated/Approved--05/2004 2 of 4 GCD-8 3. Any water intake structure in fish bearing waters, including a screened enclosure, well- point, sump, or infiltration gallery, must be designed, operated, and maintained to prevent fish entrapment, entrainment, or injury, unless specifically exempted by DFG. 4. Each water intake directly accessible by fish shall be designed to prevent intake, impingement, or entrapment of fish. Preferred methods of water intake include well points, sumps, or infiltration galleries. As an alternative, the water intake structure must be enclosed and centered within a screened box with a maximum screen-mesh size of 0.04-inches. To reduce fish impingement at the screen/water interface, water velocity may not exceed 0.5 feet per second when the pump is operating. Slower water velocities may be stipulated by DFG if more sensitive anadromous fish life stages (e.g. juvenile whitefish) are present at the water intake source during the period of pumping. DFG can properly determine the size of the screened box from the pump intake size and capacity to be used. Screens aligned parallel to the stream current will require the least maintenance and will be least likely to impinge fish. 5. Waterbodies shall not be altered to facilitate water appropriation or disturbed in any way. If banks, shores, or beds, are inadvertently disturbed, excavated, compacted, or filled, by activities attributable to this project, they shall be immediately stabilized to prevent erosion and the resultant sedimentation of waterbody which could occur both during and after operations. Any disturbed areas shall be recontoured and revegetated. 6. Adequate flow must remain to support indigenous aquatic life and the watercourse must not be blocked to the passage of fishes. The water appropriation shall not adversely affect any anadromous fish stream. 7. Prior to withdrawing water from fish bearing streams, the OHMP and DNR may require current and expected flow data for the period of proposed water use. DNR may set a maximum rate of diversion and/or a minimum instream flow. 8. Inwater activity will be limited to placement and removal of the intake structure only. No other in-water activities will occur. 9. There shall be no wheeled, tracked, excavating, or other machinery or equipment (with the exception of the non-motorized screened intake box) operated below the ordinary high water line. 10. Permittee must employ pumping operations in such a way as to prevent any petroleum products or hazardous substances contaminating surface or ground water. In case of accidental spills, absorbent pads will be readily available at the water collection point. The lessee or permittee shall immediately notify 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 Rev. 5/95 Updated/Approved--05/2004 3 of 4 GCD-8 greater than 55 gallons solely to land and outside an impermeable containment area. If a 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 lessee or permittee 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 AAC 75.305 shall be met. The provisions of 18 AAC 75.310 (Scope and Duration of Initial Response Actions) and other reporting requirements of 18 AAC 75.300 - 18 AAC 75.396 also apply. The lessee or permittee 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) 269-7500, 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. All fires and explosions must also be reported. The DNR 24 hour report number is (907) 451-2678; the fax number is (907) 451-2751. DNR or the appropriate land manager and DEC shall be supplied with all follow-up incident reports. 11. The suction hose at the water extraction site must be clean and free from contamination at all times to prevent introduction of contamination to the waterbodies, and should be in water of a sufficient depth so that the stream sediments are not disturbed during the extraction process. 12. During the constructional or operational phases of this project, any discharge to state waters made subsequent to this appropriation shall comply with Alaska Water Quality Standards. Rev. 5/95 Updated/Approved--05/2004 4 of 4 GCD-8 Federal Aviation Administration Determinations of No Hazard to Air Navigation Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Aeronautical Study No. 2010-WTW-4915-OE Page 1 of 4 Issued Date: 07/29/2010 Matt Metcalf Alaska Village Electric Coop 4831 Eagle Street Anchorage, AK 99503 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure:Wind Turbine Emmonak T12 Location:Emmonak, AK Latitude:62-46-59.56N NAD 83 Longitude:164-33-26.12W Heights:161 feet above ground level (AGL) 164 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, white paint/synchronized red lights - Chapters 4,12&13(Turbines). It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part I) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part II) This determination expires on 07/29/2012 unless: (a)extended, revised or terminated by the issuing office. (b)the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Page 2 of 4 SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. Additional wind turbines or met towers proposed in the future may cause a cumulative effect on the national airspace system. This determination is based, in part, on the foregoing description which includes specific coordinates and heights . Any changes in coordinates will void this determination. Any future construction or alteration requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (907) 271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2010-WTW-4915-OE. Signature Control No: 693905-128789572 ( DNE -WT ) Robert van Haastert Specialist Attachment(s) Map(s) cc: FCC Page 3 of 4 TOPO Map for ASN 2010-WTW-4915-OE Page 4 of 4 Sectional Map for ASN 2010-WTW-4915-OE Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Aeronautical Study No. 2010-WTW-4916-OE Page 1 of 4 Issued Date: 07/29/2010 Matt Metcalf Alaska Village Electric Coop 4831 Eagle Street Anchorage, AK 99503 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure:Wind Turbine Emmonak T11 Location:Emmonak, AK Latitude:62-47-00.26N NAD 83 Longitude:164-33-31.84W Heights:161 feet above ground level (AGL) 164 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, white paint only - Chapters 12&13(Turbines). It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part I) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part II) This determination expires on 07/29/2012 unless: (a)extended, revised or terminated by the issuing office. (b)the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Page 2 of 4 SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. Additional wind turbines or met towers proposed in the future may cause a cumulative effect on the national airspace system. This determination is based, in part, on the foregoing description which includes specific coordinates and heights . Any changes in coordinates will void this determination. Any future construction or alteration requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (907) 271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2010-WTW-4916-OE. Signature Control No: 693906-128789581 ( DNE -WT ) Robert van Haastert Specialist Attachment(s) Map(s) cc: FCC Page 3 of 4 TOPO Map for ASN 2010-WTW-4916-OE Page 4 of 4 Sectional Map for ASN 2010-WTW-4916-OE Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Aeronautical Study No. 2010-WTW-4917-OE Page 1 of 4 Issued Date: 07/29/2010 Matt Metcalf Alaska Village Electric Coop 4831 Eagle Street Anchorage, AK 99503 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure:Wind Turbine Emmonak T10 Location:Emmonak, AK Latitude:62-47-00.96N NAD 83 Longitude:164-33-37.56W Heights:161 feet above ground level (AGL) 164 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, white paint only - Chapters 12&13(Turbines). It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part I) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part II) This determination expires on 07/29/2012 unless: (a)extended, revised or terminated by the issuing office. (b)the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Page 2 of 4 SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. Additional wind turbines or met towers proposed in the future may cause a cumulative effect on the national airspace system. This determination is based, in part, on the foregoing description which includes specific coordinates and heights . Any changes in coordinates will void this determination. Any future construction or alteration requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (907) 271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2010-WTW-4917-OE. Signature Control No: 693907-128789582 ( DNE -WT ) Robert van Haastert Specialist Attachment(s) Map(s) cc: FCC Page 3 of 4 TOPO Map for ASN 2010-WTW-4917-OE Page 4 of 4 Sectional Map for ASN 2010-WTW-4917-OE Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Aeronautical Study No. 2010-WTW-4918-OE Page 1 of 4 Issued Date: 07/29/2010 Matt Metcalf Alaska Village Electric Coop 4831 Eagle Street Anchorage, AK 99503 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure:Wind Turbine Emmonak T9 Location:Emmonak, AK Latitude:62-47-01.67N NAD 83 Longitude:164-33-43.28W Heights:161 feet above ground level (AGL) 164 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, white paint only - Chapters 12&13(Turbines). It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part I) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part II) This determination expires on 07/29/2012 unless: (a)extended, revised or terminated by the issuing office. (b)the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Page 2 of 4 SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. Additional wind turbines or met towers proposed in the future may cause a cumulative effect on the national airspace system. This determination is based, in part, on the foregoing description which includes specific coordinates and heights . Any changes in coordinates will void this determination. Any future construction or alteration requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (907) 271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2010-WTW-4918-OE. Signature Control No: 693908-128789583 ( DNE -WT ) Robert van Haastert Specialist Attachment(s) Map(s) cc: FCC Page 3 of 4 TOPO Map for ASN 2010-WTW-4918-OE Page 4 of 4 Sectional Map for ASN 2010-WTW-4918-OE Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Aeronautical Study No. 2010-WTW-4919-OE Page 1 of 4 Issued Date: 07/29/2010 Matt Metcalf Alaska Village Electric Coop 4831 Eagle Street Anchorage, AK 99503 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure:Wind Turbine Emmonak T8 Location:Emmonak, AK Latitude:62-47-02.37N NAD 83 Longitude:164-33-49.00W Heights:161 feet above ground level (AGL) 164 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, white paint only - Chapters 12&13(Turbines). It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part I) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part II) This determination expires on 07/29/2012 unless: (a)extended, revised or terminated by the issuing office. (b)the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Page 2 of 4 SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. Additional wind turbines or met towers proposed in the future may cause a cumulative effect on the national airspace system. This determination is based, in part, on the foregoing description which includes specific coordinates and heights . Any changes in coordinates will void this determination. Any future construction or alteration requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (907) 271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2010-WTW-4919-OE. Signature Control No: 693909-128789584 ( DNE -WT ) Robert van Haastert Specialist Attachment(s) Map(s) cc: FCC Page 3 of 4 TOPO Map for ASN 2010-WTW-4919-OE Page 4 of 4 Sectional Map for ASN 2010-WTW-4919-OE Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Aeronautical Study No. 2010-WTW-4926-OE Page 1 of 4 Issued Date: 07/29/2010 Matt Metcalf Alaska Village Electric Coop 4831 Eagle Street Anchorage, AK 99503 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure:Wind Turbine Emmonak T7 Location:Emmonak, AK Latitude:62-47-03.07N NAD 83 Longitude:164-33-54.73W Heights:161 feet above ground level (AGL) 164 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, white paint only - Chapters 12&13(Turbines). It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: _____ At least 10 days prior to start of construction (7460-2, Part I) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part II) This determination expires on 07/29/2012 unless: (a)extended, revised or terminated by the issuing office. (b)the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Page 2 of 4 SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. Additional wind turbines or met towers proposed in the future may cause a cumulative effect on the national airspace system. This determination is based, in part, on the foregoing description which includes specific coordinates and heights . Any changes in coordinates will void this determination. Any future construction or alteration requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (907) 271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2010-WTW-4926-OE. Signature Control No: 693916-128789580 ( DNE -WT ) Robert van Haastert Specialist Attachment(s) Map(s) cc: FCC Page 3 of 4 TOPO Map for ASN 2010-WTW-4926-OE Page 4 of 4 Sectional Map for ASN 2010-WTW-4926-OE Emmonak Wind Turbines and Emmonak to Alakanuk Intertie Permit Amendments Alaska Department of Fish and Game Fish Habitat (Title 16) Permit Amendment STATE OF ALASKA SEAN PARNELL, Governor DEPARTMENT OF FISH AND GAME 333 RASPBERRY RD. ANCHORAGE, ALASKA 99518 DIVISION OF HABITAT PHONE: (907) 267-2342 FAX: (907) 267-2499 FISH HABITAT PERMIT FH 10-II-0268 AMENDMENT I ISSUED: March 10, 2011 EXPIRES: April 30, 2011 Solstice Alaska Consulting, Inc. c/o Colleen Bolling 2607 Fairbanks Street Unit B Anchorage, AK 99503 for Alaska Village Electric Cooperative, Inc. 4831 Eagle Street Anchorage, AK 99503 Dear Ms. Bolling: Re: Water Withdrawal, Ice Bridge Construction, and Material Extraction Kwiguk Pass and Anuzukanuk Pass, Stream No. 334-10-10970 Alakanuk Pass, Stream No. 334-10-10990 Sections 13, 23, and 26, T. 31 N., R. 82 W., S.M. Section 16, T. 30 N., R. 82 W., S.M. Section 18, T. 31 N., R. 81 W., S.M. State ID No. ID2011-0241AA; POA-2010-817 Pursuant to AS 16.05.871(b), the Alaska Department of Fish and Game, Division of Habitat, has reviewed your proposed amendment to Fish Habitat Permit FH 10-II-0268 to construct an ice bridge on Kwiguk Pass and extract a total of 20,000 cubic yards of sand and silt from an island in Kwiguk Pass across from the City of Emmonak (Figure 2). A 100-foot minimum buffer will be left between the excavation site and the ordinary high water line of Kwiguk Pass. You also propose to withdraw up to 96,000 gallons of water per day, and a total seasonal amount of up to 7,104,000 gallons for the construction of an ice road. Water will be withdrawn at a rate of 400 gallons per minute or less from Kwiguk Pass. This amendment authorizes the proposed new material extraction, water withdrawal, and ice bridge construction. Coastal Consistency Requirements Your proposed ice bridge construction and water withdrawal are consistent with the Alaska Coastal Management Program pursuant to 11 AAC 110.730 and under Generally Consistent Determinations (GCDs) 5 and 8 (enclosed), respectively. AVEC - 2 - Issued: March 10, 2011 FH 10-II-0268 AI Expires: April 30, 2011 In accordance with AS 16.05.871(d), an amendment to extract up to 20,000 cubic yards of material and to construct an ice road on Kwiguk Pass is hereby approved, subject to the project description above and the following additional stipulation: 5. When the excavation is complete, all depressions and potholes created by the material removal operations shall be leveled and the site shall be graded towards Kwiguk Pass to avoid fish entrapment that may occur during extreme high water events. This will require constructing a low flow channel through the proposed 100-foot buffer at the downstream end of the excavation to allow ponded areas to drain to Kwiguk Pass. All other terms and conditions of Fish Habitat Permit FH 10-II-0268 remain in full force and effect. Please attach this amendment to your original permit and retain them on site for your reference. This permit decision may be appealed in accordance with the provisions of AS 44.62.330--44.62.630. Any questions or concerns about this permit may be directed to Habitat Biologist Jim Bales at 267-2143 or emailed to james.bales@alaska.gov. Sincerely, Cora Campbell, Commissioner For: Michael J. Daigneault Regional Supervisor Anchorage Area Office Enc: Figure 2 GCD 5 GCD 8 cc: AWT, Bethel ecc: A. Ott, ADF&G M. Goatley, DCOM B. Piorkowski, ADF&G S. Palmer, ADEC S. Hayes, ADF&G M. Walton, ADNR J. Estensen, ADF&G C. Snow, ADNR J. Burr, ADF&G USACE, Regulatory Figure 2 Date:February 25,2011 Title:Amendment to "AVEC Emmonak Wind Turbines and Emmonak to Alakanuk Electrical Distribution Line"for Material Site Access Purpose:Travel across Kwiguk Pass to access material site to excavate material for access road and wind turbine pads. Applicant:Alaska Village Electric Cooperative,Inc. Agent:Solstice Alaska Consulting,Inc. Location:Section 13,T31N,R82W,and Section 18,T31N,R81W,Seward Meridian,Alaska Approximate location of a 300'wide thickened ice section Existing Material Site Potential additional excavation for future projects in Emmonak Rev. 3/99 Updated/Approved--05/2004 1 of 4 GCD-5 GENERALLY CONSISTENT DETERMINATION GCD-5 EQUIPMENT CROSSING OF STREAMS The following activity is consistent with the Alaska Coastal Management Program per 11 AAC 110.730 when conducted according to the standard alternative measures listed below. This approval does not relieve the applicant from obtaining required permits and approvals from local, State, and federal individual agencies. ACTIVITY DESCRIPTION Winter ice crossings of resident fish streams in the North Slope Borough, Northwest Arctic Borough, and Bering Straits CRSA, and short term or transitory crossings of anadromous fish streams by wheeled or tracked vehicles or equipment statewide. Authority: AS 41.14.840 AS 41.14.870 AS 16.20 AS 38.05.850 5 AAC 95 Permits: Fish Habitat Permit (OHMP) Special Area Permit (DFG) Land Use Permit (DNR) Region: Statewide for crossing of anadromous fish streams; winter ice crossings of resident fish streams in the North Slope Borough, Northwest Arctic Borough, and Bering Straits CRSA. PROCEDURE For activities subject to GCD-5, the applicant is not automatically required to complete a coastal project questionnaire (CPQ). For example, a CPQ may not be required for short-term or transitory crossings associated with timber harvest activities on state and federal lands. DFG may require a CPQ for project proposals where it is uncertain whether other state or federal authorizations are required. In all cases, a CPQ is not required for the activities described below on private lands and non-navigable waters reviewed in accordance with AS 41.17, the Alaska Forest Resources and Practices Act. Prior to crossing any stream, river or lake specified as being important for the spawning, Rev. 3/99 Updated/Approved--05/2004 2 of 4 GCD-5 rearing or migration of anadromous fish, the applicant shall obtain a Fish Habitat Permit pursuant to AS 41.14.840 and AS 41.14.870. In addition, construction of an ice bridge across such water bodies in the North Slope Borough, Northwest Arctic Borough, or Bering Straits CRSA coastal districts requires a Fish Habitat Permit pursuant to AS 41.14.840. OHMP will determine in advance of permit issuance if the activity can be accomplished in a manner that ensures protection of fish habitat. The standard alternative measures listed under DNR Land Use Permits apply only when a DNR Land Use Permit is issued under this generally consistent determination. All other conditions apply when a OHMP Fish Habitat or DFG Special Areas Permit is issued. STANDARD ALTERNATIVE MEASURES Summer In-water Crossings 1. Stream crossings shall be made from bank to bank in a direction substantially perpendicular to the direction of stream flow. 2. Stream crossings shall be made only at locations with gradually sloping banks. There shall be no crossings at locations with sheer or cut banks. 3. Stream crossing activities shall be sited and timed to avoid spawning areas and sensitive fish life stages and habitats. OHMP may restrict or prohibit activities during certain sensitive time periods as necessary. 4. Streambanks and streambeds shall not be altered or disturbed in any way to facilitate crossings. DFG and DNR, or the applicable land manager, shall be notified within three working days of any disturbances. Corrective action may be stipulated as applicable and necessary. 5. Movement of equipment through willow (Salix) stands shall be avoided to the extent possible. (North Slope Borough, Northwest Arctic Borough, and Bering Straits CRSA) Ice Bridge Construction or Crossing Frozen Waterbodies 6. Equipment, other than vessels, must not enter open water areas of a watercourse during winter. Ice or snow bridges and approach ramps constructed at stream crossings must be substantially free of extraneous material (i.e., soil, rock, wood, or vegetation) and, if requested by OHMP, must be removed or breached before spring breakup. Alterations of the banks of a watercourse are prohibited. 7. To avoid additional freeze-down of deep-water pools harboring overwintering fish, watercourses shall be crossed at shallow riffle areas from point bar to point bar. Rev. 3/99 Updated/Approved--05/2004 3 of 4 GCD-5 Compaction or removal of the insulating snowcover from the deep-water pool areas of rivers must be avoided. Exceptions to this stipulation may be authorized by OHMP on a case-by-case basis if it determines the pool is deep enough to prevent complete freeze- down. DNR Land Use Permits 8. Vehicle maintenance, refueling of equipment, campsites, or storage and stockpiling of hazardous substances on the surface ice of lakes, ponds, or rivers is prohibited. The storage of non-hazardous material on the surface ice of lakes, ponds, or rivers is allowed with consent from DNR or the applicable land manager. 9. Snow ramps or other mitigating measures will be used to avoid unsafe obstacles to snow machiners or others using the riverway for travel. 10. Equipment shall not operate in flowing water without written authorization from DNR, Division of Land. Wildlife Avoidance 11. Operations must avoid grizzly bear dens by one-half mile. Known bear den locations shall be obtained from OHMP at (907) 459-7289 prior to starting operations. Occupied dens encountered in the field must be reported to the above, and subsequently avoided. (North Slope Borough, Bering Straits CRSA, and Northwest Arctic Borough) 12. Operations shall avoid known polar bear dens by one mile. Known den locations shall be obtained from the U.S. Geological Survey at (907) 786-3424 prior to starting operations. New dens encountered in the field must be reported to the above, and subsequently avoided by one mile. (North Slope Borough, Bering Straits CRSA, and Northwest Arctic Borough) Spill Notification 13. The lessee or permittee shall immediately notify 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 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 lessee or permittee 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. Rev. 3/99 Updated/Approved--05/2004 4 of 4 GCD-5 The posting of information requirements of 18 AAC 75.305 shall be met. The provisions of 18 AAC 75.310 (Scope and Duration of Initial Response Actions) and other reporting requirements of 18 AAC 75.300 - 18 AAC 75.396 also apply. The lessee or permittee 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) 269-7500, 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. ADVISORIES 1. The Alaska Historic Preservation Act (AS 41.35.200) prohibits the appropriation, excavation, removal, injury, or destruction of any state-owned historic, prehistoric, or archeological site without a permit from the commissioner. Should any sites be discovered during the course of field operations, activities that may damage the site shall cease and the Office of History and Archaeology in the DNR, Division of Parks and Outdoor Recreation at (907) 269-8721 and the appropriate coastal district shall be notified immediately. Rev. 5/95 Updated/Approved--05/2004 1 of 4 GCD-8 GENERALLY CONSISTENT DETERMINATION GCD-8 TEMPORARY AND PERMANENT USE OF WATER (100,000 GALLONS/DAY OR LESS) The following activity is consistent with the Alaska Coastal Management Program per 11 AAC 110.730 when conducted according to the standard alternative measures listed below. This approval does not relieve the applicant from obtaining required permits and approvals from local, State, and federal individual agencies, including access permits (before water use begins). For activities subject to this generally consistent determination, the applicant is not automatically required to complete a coastal project questionnaire (CPQ). DNR may require a CPQ for project proposals where it is uncertain whether other State or federal authorizations may be required. For example, a CPQ may not be required for road reconstruction activities since the temporary water use permit is usually the last required permit in an approved and consistent Alaska Department of Transportation and Public Facilities project. Also, a CPQ may not be required for public supply when the water system is existing and the water right application is an after-the-fact filing. DESCRIPTION OF THE ACTIVITY Temporary and permanent water withdrawals, including amendments to existing water withdrawal authorizations, from surface and subsurface water where all water withdrawals cumulatively do not reduce the instream flow below the level necessary to support anadromous and resident fish. (Under AS 46.15, DNR is still required to give notice to OHMP and DEC of the proposed withdrawal to determine the necessary instream flow levels.) Temporary water use may be for an undetermined quantity of water for up to five years. Permanent water use authorizations subject to this generally consistent determination are limited to 100,000 gallons per day. Applications for permanent water uses greater than 100,000 gallons are subject to individual project review. Amendments to existing authorizations must remain within the scope of this generally consistent determination. Routine uses include: • public, commercial, and domestic water supplies; • industrial uses including seafood processing, logging activities, road construction, oil and gas exploration outside environmentally sensitive areas, sand and gravel washing, industrial air cooling, and chemical refining; • public and commercial uses including recreation fields, golf courses, cemeteries, snow making, trailer and recreational vehicle parks, campgrounds, public facilities, ice hockey rinks, commercial malls, car washes, laundries, and washaterias; Rev. 5/95 Updated/Approved--05/2004 2 of 4 GCD-8 • agricultural uses including crop irrigation, livestock watering, nurseries, and greenhouses; • hydroelectric power generation; • fish hatcheries. • hydrostatic testing; and • bottled water. Authority: AS 46.15 AS 41.14.870 AS 16.20 5 AAC 95 11 AAC 93.210 - 220 Permits: Temporary Water Use Permit (DNR) Permit to Appropriate Water (DNR) Fish Habitat Permit (OHMP) Special Area Permit (DFG) Region: Statewide, except AMSAs or Important Use Areas identified in the Bering Straits CRSA plan. PROCEDURE This generally consistent determination does not apply to an operation that must undergo an individual project review because of other State or federal permit requirements. Water withdrawal authorizations connected to commercial mining are reviewed as part of the Alaska Placer Mining Application. STANDARD ALTERNATIVE MEASURES Conditions pertaining to Surface and Subsurface Withdrawals 1. Water discharged (including runoff) shall not be discharged at a rate resulting in sedimentation, erosion, or other disruptions to the bed or banks of the above waters, causing water quality degradation. 2. Water trucks will not be fueled or serviced within 100 feet of a water body. Gas fueled pumps will not be fueled or serviced within 100 feet of a water body unless the pumps are situated within a catch basin designed to contain any spills. Equipment shall not be stored or serviced within 100 feet of any of the subject waterbodies. Conditions pertaining only to Surface Withdrawals Rev. 5/95 Updated/Approved--05/2004 3 of 4 GCD-8 3. Any water intake structure in fish bearing waters, including a screened enclosure, well- point, sump, or infiltration gallery, must be designed, operated, and maintained to prevent fish entrapment, entrainment, or injury, unless specifically exempted by OHMP. 4. Each water intake directly accessible by fish shall be designed to prevent intake, impingement, or entrapment of fish. Preferred methods of water intake include well points, sumps, or infiltration galleries. As an alternative, the water intake structure must be enclosed and centered within a screened box with a maximum screen-mesh size of 0.04-inches. To reduce fish impingement at the screen/water interface, water velocity may not exceed 0.5 feet per second when the pump is operating. Slower water velocities may be stipulated by OHMP if more sensitive anadromous fish life stages (e.g. juvenile whitefish) are present at the water intake source during the period of pumping. OHMP can properly determine the size of the screened box from the pump intake size and capacity to be used. Screens aligned parallel to the stream current will require the least maintenance and will be least likely to impinge fish. 5. Waterbodies shall not be altered to facilitate water appropriation or disturbed in any way. If banks, shores, or beds, are inadvertently disturbed, excavated, compacted, or filled, by activities attributable to this project, they shall be immediately stabilized to prevent erosion and the resultant sedimentation of waterbody which could occur both during and after operations. Any disturbed areas shall be recontoured and revegetated. 6. Adequate flow must remain to support indigenous aquatic life and the watercourse must not be blocked to the passage of fishes. The water appropriation shall not adversely affect any anadromous fish stream. 7. Prior to withdrawing water from fish bearing streams, the OHMP and DNR may require current and expected flow data for the period of proposed water use. DNR may set a maximum rate of diversion and/or a minimum instream flow. 8. Inwater activity will be limited to placement and removal of the intake structure only. No other in-water activities will occur. 9. There shall be no wheeled, tracked, excavating, or other machinery or equipment (with the exception of the non-motorized screened intake box) operated below the ordinary high water line. 10. Permittee must employ pumping operations in such a way as to prevent any petroleum products or hazardous substances contaminating surface or ground water. In case of accidental spills, absorbent pads will be readily available at the water collection point. The lessee or permittee shall immediately notify 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 Rev. 5/95 Updated/Approved--05/2004 4 of 4 GCD-8 greater than 55 gallons solely to land and outside an impermeable containment area. If a 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 lessee or permittee 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 AAC 75.305 shall be met. The provisions of 18 AAC 75.310 (Scope and Duration of Initial Response Actions) and other reporting requirements of 18 AAC 75.300 - 18 AAC 75.396 also apply. The lessee or permittee 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) 269-7500, 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. All fires and explosions must also be reported. The DNR 24 hour report number is (907) 451-2678; the fax number is (907) 451-2751. DNR or the appropriate land manager and DEC shall be supplied with all follow-up incident reports. 11. The suction hose at the water extraction site must be clean and free from contamination at all times to prevent introduction of contamination to the waterbodies, and should be in water of a sufficient depth so that the stream sediments are not disturbed during the extraction process. 12. During the constructional or operational phases of this project, any discharge to state waters made subsequent to this appropriation shall comply with Alaska Water Quality Standards. DNR Division of Coastal and Ocean Management Final Consistency Response;Modification to Project SEAN PARNELL, GOVERNOR DEPARTMENT OF NATURAL RESOURCES DIVISION OF COASTAL AND OCEAN MANAGEMENT http://www.alaskacoast.state.ak.us “Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans.” X SOUTHCENTRAL REGIONAL OFFICE † CENTRAL OFFICE † PIPELINE COORDINATOR'S OFFICE 550 W 7th AVENUE SUITE 705 P.O. Box 111030 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501 JUNEAU, ALASKA 99811-1030 ANCHORAGE, ALASKA 99501 PH: (907) 269-7470 FAX: (907) 269-3981 PH: (907) 465-3562 FAX: (907) 465-3075 PH: (907) 2857-1351 FAX: (907) 272-3829 3/8/11 Colleen Bolling Solstice Alaska Consulting, Inc. 2607 Fairbanks St., Ste. B Anchorage, AK 99503 SUBJECT: ACMP REVIEW EXPEDITED Emmonak Wind Turbines and Intertie to Alakanuk; Modification to Project State ID No.: ID2011-0241AA Dear Ms. Bolling: The Division of Coastal & Ocean Management (DCOM) has reviewed the Coastal Project Questionnaire and other related information regarding the above referenced project. A final consistency was issued for the original project (AK 1101-05AA) on 12/21/10. The proposed modification is to create an ice road from the west of Emmonak to an unnamed island and includes the removal of 20,000 cy of material from the unnamed island. Your proposed project requires authorization from the Dept. of Fish and Game/Div. of Habitat (FH 10-II-028, the Dept. of Natural Resources/Mining, Land and Water (LAS 27889 and TWUP A2012- 126). Your proposed project does not require further State review for consistency with the ACMP, providing you also comply with the conditions listed in the enclosed General Consistency Determination (GCD) #5 and 8 which the State has already found consistent. If you are unable to comply with these conditions, contact this office immediately. You are not relieved from obtaining required permits and approvals from state, federal or local agencies, before you begin the proposed work. Nothing in this letter excuses you from compliance with other statutes, ordinances, or regulations that may affect any proposed work. This decision is ONLY for the project as described. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. Thank you for your cooperation with the ACMP. Sincerely, Margie Goatley Project Review Coordinator Enc. CPQ Pages 1&2 GCD #5 and 8 cc: DNR/DMLW DNR/DMLW Carl Andrew CRSA Board Chair-Coastal District Marla Carter ADFG Fran Roche DEC - JNU Michael Walton DNR/DMLW Mike Daigneault ADFG/Habitat Sean Palmer DEC - ANC Shauna McMahon DNR/DCOM SHPO DNR/DPOR/SHPO Mary Leykom USACE Jim Bales ADFG/Habitat Susan Randlett DNR/VSW De Anne S.P. Stevens DNR/DGGS Tommy Kusaiak Board Member, Coastal District Roy Joseph Bell Board Member, Coastal District Alexie Walters Board Member, Coastal District James Angaiak Board Member, Coastal District Department of Natural Resources Division of Mining, Land, and Water Amended Land Use Permit Form Date: 05/04/2007 STATE OF ALASKA Department of Natural Resources Division of Mining, Land & Water LAND USE PERMIT Under AS 38.05.850 AMENDED PERMIT # LAS 27889 Alaska Village Electric Cooperative, Inc., herein known as the permittee, is issued this permit authorizing the winter cross country movement of heavy equipment across the following State land: Sections 23 & 26, Township 031 North, Range 082 East, and Section 16, Township 030 North, Range 082 West, Section 13 of Township 031 North, Range 082 West, and Section 18 of Township 031 North, Range 081 West, of the Seward Meridian This permit is effective beginning January 15, 2011 and ending April 30, 2011 unless sooner terminated at the state’s discretion. This permit does not convey an interest in state land and as such is revocable immediately, with or without cause. No preference right for use or conveyance of the land is granted or implied by this authorization. This permit does not authorize the construction or establishment of pioneer trails or any other type of permanent travel route. All activities shall be conducted in accordance with the following General and Special Stipulations and the Approved Operations Plan (Attachment A and Attachment B). General Stipulations 1. Authorized Officer. The Authorized Officer for the Department of Natural Resources is the Regional Manager. The Authorized Officer may be contacted at 550 W. 7th Ave., Suite 900 C, Anchorage, AK 99501-3577. 2. Compliance with Governmental Requirements; Recovery of Costs. Permittee shall, at its expense, comply with all applicable laws, regulations, rules and orders, and the requirements and stipulations included in this authorization. Permittee shall ensure compliance by its employees, agents, contractors, subcontractors, licensees, or invitees. 3. Public Access. The permittee shall not close landing areas or trails or otherwise prevent overland access used by the public. The ability of all users to use or access state land or public water must not be restricted in any manner. 4. 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 Division of Mining, Land and Water reserves the right to grant other interests consistent with the Public Trust Doctrine. This permit specifically authorizes the: • Movement of heavy equipment consisting of two (2) Cat D6 dozer, one (1) Kobelco CK850 crane, and two (2) skidded trailer across State lands for the purpose of building wind turbines and an electrical distribution line. (Attachment A) • Movement of heavy equipment consisting of one (1) D6 Cat Loader, one (1) Hitchi EH 600 Excavator, four (4) TA30 Terex End Dump Trucks, and one (1) Champion Motor Grater for the purpose of accessing a material site on an island in the Kwiguk Pass near Emmonak. (Attachment B) Land Use Permit #LAS 27889 Permittee: AVEC Page 2 Form Date: 05/15/2007 5. 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. Additionally, any ground disturbances which may have occurred shall be contoured to blend with the natural topography to protect human and wildlife health and safety. Particular attentions must be paid to prevent pollution and siltation of streams, lakes, ponds, waterholes seeps and marshes, and disturbances to fish and wildlife populations and habitats. (b) Brush clearing is allowed, but should be kept to the minimum necessary. Removal or destruction of the vegetative mat is not authorized under this permit. (c) Establishment of or improvements to landing areas (i.e. leveling the ground or removing or modifying a substantial amount of vegetation) is prohibited. 6. Timber Use. The permittee may use dead and down timber, The cutting of standing timber is prohibited unless specifically authorized by the DNR, Division of Forestry. 7. Fire Prevention, Protection and Liability. The permittee shall take all reasonable precautions to prevent and all reasonable actions to suppress forest, brush and grass fires, and shall assume full liability for any damage to state land resulting from negligent use of fire. The State of Alaska is not liable for damage to the permittee’s personal property is not responsible for forest fire protection of the permittee’s activity. 8. Hazardous Substances. The use and/or storage of hazardous substances by the permittee must be done in accordance with existing federal, state and local laws, regulations and ordinances. Debris (such as soil) contaminated with used motor oil, solvents, or other chemicals may be classified as a hazardous substance and must be removed and disposed of in accordance with existing federal, state and local laws, regulations and ordinances. 9. Alaska Historic Preservation Act. 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 permit 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 and the appropriate coastal district shall be notified immediately. 10. Other Authorizations. The issuance of this authorization does not alleviate the necessity of the permittee to obtain authorizations required by other agencies for this activity. 11. Valid Existing Rights. This authorization is subject to all valid existing rights in and to the land covered under this authorization. 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. 12. Reservation of Rights. The division reserves the right to grant additional authorizations to third parties for compatible uses on or adjacent to the land covered under this authorization. Authorized concurrent users of state land, their agents, employees, contractors, subcontractors and licensees shall not interfere with the operation or maintenance activities of authorized users. 13. Inspections. Authorized representatives of the State of Alaska shall have reasonable access to the subject parcel for purposes of inspection. The permittee 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. 14. Assignment. This permit may not be transferred or assigned to another individual or corporation. 15. Indemnification. Permittee assumes all responsibility, risk and liability for all activities of Permittee, its employees, agents, invitees, contractors, subcontractors, or licensees directly or indirectly conducted in connection with this permit, including environmental and hazardous substance risks and liabilities, whether accruing during or after the term of this permit. Permittee 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 Permittee, its employees, agents, invitees, contractors, subcontractors, or licensees, unless the sole Land Use Permit #LAS 27889 Permittee: AVEC Page 3 Form Date: 05/15/2007 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 Permittee shall accept any such cause or action or proceeding upon tender by the State. This indemnification shall survive the termination of the permit. 16. Violations. This authorization is revocable immediately upon violation of any of its terms, conditions, stipulations, 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 permittee's, or its employees', agents', contractors', subcontractors', licensees', or invitees' act or omission, permittee, at its expense shall be obligated to clean the area to the reasonable satisfaction of the State of Alaska. Advisory Regarding Violations of the Permit Guidelines: Pursuant to 11 AAC 96.145, a person who violates a provision of a permit issued under this chapter (11 AAC 96) is subject to any action available to the department for enforcement and remedies, including revocation of the permit, civil action for forcible entry and detainer, ejectment, trespass, damages, and associated costs, or arrest and prosecution for criminal trespass in the second degree. The department may seek damages available under a 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. (b) If a person responsible for an unremedied violation of 11 AAC 96 or a provision of a permit issued under this chapter (11 AAC 96) applies for a new authorization from the department under AS 38.05.035 or 38.05.850, the department 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 this chapter or a provision of a permit issued under this chapter, whether remedied or unremedied, that resulted in substantial damage to the environment or to the public, the department 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 furnish three times the security that would otherwise be required. Special Stipulations 1. Permit Fees: Pursuant to 11 AAC 05.010(e)(8), this permit is subject to an annual permit fee of NA. The annual permit fee will be due on or before NA of each year covered under this permit. The annual land use fee is subject to adjustments in the fee schedule set forth in 11 AAC 05.010. 2. Refuse Disposal. Trails, campsites, and work areas must be kept clean. Prior to removal, all garbage and debris will be stored so it does not attract wildlife. All solid waste including incinerator residue shall be backhauled to a solid waste disposal site approved by DEC. On-site refuse disposal is prohibited. Waste, in this paragraph means all discarded matter, including, but not limited to, human waste, trash, garbage, litter, oil drums, petroleum, ashes and discarded equipment. The site must be kept clean at all times. 3. Wastewater Disposal. All greywater or human waste must be disposed of in a pit, or containment (port-a-potty) that can be transported to allow for disposal at a DEC approved disposal site. If a pit is used, it must be located at least 100 feet from the ordinary highwater mark of the nearest waterbody, and back-filled prior to leaving the site. For additional information, contact the local DEC District Office. 4. Trash Pick-Up. Trash, survey lathe, roadway markers, and other debris that has accumulated along the ice roads or cross country routes shall be picked up and properly disposed of prior to freeze-up the following winter. 5. Prohibited Activities: (a) Abandonment of supplies, fuel containers, vehicles or other equipment associated with this project is prohibited. Land Use Permit #LAS 27889 Permittee: AVEC Page 4 Form Date: 05/15/2007 (b) Vehicle maintenance, campsites, and storage or stockpiling of material on the surface ice of lakes, ponds, or rivers or on sea ice over state submerged lands is prohibited. The storage of non-hazardous materials on the surface ice of lakes, ponds or rivers is allowed with consent of DNR or the applicable land manager. 6. Fuel and Hazardous Substances. Secondary containment1 shall be provided for fuel or hazardous substances2. a. Container3 marking. All independent fuel and hazardous substance containers shall be marked with the contents and the permittee’s or contractor’s name using paint or a permanent label. (Note: the permittee is ultimately responsible for contractor’s compliance with these standard alternative measures. b. Fuel or hazardous substance transfers. Secondary containment or a surface liner4 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. No fuel transfer activities may occur within 100 feet of any waterbody. Vehicles and equipment that are leaking fluids shall be pulled from service until leaks are repaired. c. Storing containers 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. d. Exceptions. The review coordinating agency, after consultation with other resource agencies and affected coastal districts, may under unique or special circumstances grant exceptions to this stipulation on a case by case basis. Requests for exceptions should be made to the review coordinating agency. e. C-Plans. In case of conflict between an approved Oil Discharge Prevention and Contingency Plan (C-Plan) and parts of this standard alternative measure, the interpretation under the C-Plan shall control. f. Spill Notification. The lessee or permittee shall immediately notify 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 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 lessee or permittee 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. The provisions of 18 AAC 75.310 (Scope and Duration of Initial Response Actions) and other reporting requirements of 18 AAC 75.300 – 18 AAC 75.396 also apply. The lessee or permittee 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) 269-7500, 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. g. Fires and Explosions. All fires and explosions must also be reported. The DNR 24 hour report number is (907) 451-2678; the fax number is (907) 451-2751. DNR or the appropriate land manager and DEC shall be supplied with all follow-up incident reports. 7. Vehicle Operation. Vehicles shall be operated without disturbing the vegetative mat. Blading or removal of the vegetation is prohibited except as approved by DNR or the applicable land manager. 8. Route. Cross-Country winter movement of equipment and supplies shall be limited to the travel route identified in the Operations Plan (Attachment A). Any changes in the route must be approved by the A.O. 9. Existing Roads: Existing roads and trails shall be used wherever possible. Trail widths will be kept to the minimum necessary. Trail surface may be cleared of timber, brush, stumps and snags. Land Use Permit #LAS 27889 Permittee: AVEC Page 5 Form Date: 05/15/2007 In the Kenai Peninsula Borough, the following specific requirements apply: For large trees, unless released by the DNR Authorized Officer in writing, logs greater than 4” in diameter which are not removed because of unmerchantibility or for any other reason, shall be disposed of as follows: a. Spruce: Logs shall be cut into 24 inch maximum length sections. Sections shall be scattered (not piled) in open areas of the right-of-way to permit rapid drying to prevent bark beetel outbreak. Sections shall not be covered by slash, brush, or other residue. b. All other tree species: Logs shall be cut into 10-15 foot lengths and placed so they cannot roll. Sections shall not be piled on top of each other. Removal of brush, slash and immature trees will be accomplished by any of the following three methods: (1) spreading and scattering in the adjacent brush area without damaging other trees, (2) chipping and scattering in such a way as to preclude their being washed into any watercourse, or (3) piling and burning in accordance with procedures and practices established by the DNR, Division of Forestry and the air quality regulations of the DEC. 10. Willow. Movement of equipment through willow (Salix) stands shall be avoided where possible. 11. Frost & Snow Conditions. DNR or the applicable land manager will determine cross country travel opening and closure based on snow cover and frost depth conditions. The winter operation of ground contact vehicles for off-road travel must be limited to areas with adequate ground frost and snow cover. Ground frost should be at least 12 inches deep and the ground surface be covered with at least 12 inches of snow or ice to accommodate this concern. Travel must be completed within 72 hours of notification of travel closure from DNR or the applicable land manager. 14. Stream Banks: Shall not be altered to facilitate crossing or be disturbed in any way. If stream banks are inadvertently disturbed, they shall be immediately stabilized to prevent erosion and any resultant sedimentation into fish streams which may occur during or after construction. Stabilization shall include re-vegetation to be accomplished during the growing season in accordance with the DNR Plant Materials Center. 15. Stream Crossings. All stream crossings shall be made over ice of sufficient thickness to support the weight of the vehicles crossing any stream. Equipment, other than vessels, must not enter the open water areas of a watercourse during winter without written authorization from DNR. 16. Ramps and Bridges. Filling of low spots and smoothing by the use of snow and ice is allowed. Snow ramps, snow bridges or approved cribbing may be used as appropriate to provide access across streams so as to preclude cutting, erosion or degradation to stream banks. Ice or snow bridges and approach ramps constructed at stream, river or slough crossings shall not contain extraneous material (i.e., soil, rock, brush, or vegetation). In Southcentral Region, ice or snow bridges shall be removed immediately after use or prior to breakup or breached to facilitate water flow during breakup. This permit only authorizes the establishment and use of snow/ice bridges. The establishment of any other type of bridge is not and cannot be authorized under this permit. 17. Ice Road Construction: Ice roads and ice pads may be constructed within the limited work areas as long as they are thick enough to prevent damage to the tundra and underlying substrate. No other ice roads are authorized under this generally consistent determination. Ice roads and ice pads may be considered under generally consistent determination GCD-34 (Ice Road and Ice Pad Construction in the North Slope Borough). 18. Hazard Marking: Potentially hazardous cuts and berms created along the authorized travel route must be clearly marked or fenced with materials that do not blend in with the surrounding environment. Such cuts and berms shall be removed upon completion of the project. 19. Grizzly Bear Dens. Operations must avoid grizzly bear dens by one-half mile unless alternative mitigative measures to minimize disturbance are authorized by DNR after consulting with DFG. Known bear den locations shall be obtained from the (DFG) Division of Wildlife Conservation (Fairbanks (907) 459-7213; Anchorage (907) 267-2179) prior to starting operations. Occupied dens Land Use Permit #LAS 27889 Permittee: AVEC Page 6 Form Date: 05/15/2007 encountered in the field must be reported to the above, and avoided (North Slope and Northwest Arctic Boroughs, Bering Straits CRSA). 20. Caribou. In the Bristol Bay CRSA and the Lake and Peninsula Borough, operations shall avoid caribou calving habitat, caribou migration corridors and caribou and moose overwintering areas during sensitive periods of use. 20. Restoration of Vegetative Mat: Immediately following the cessation of hauling activity, the permittee shall restore areas where soil has been disturbed, or the vegetative mat has been damaged or destroyed. Restoration shall be accomplished in accordance with the directives of the Department of Natural Resources Plant Materials Center, Bodenburg Road, HC 02, Box 7440, Palmer, AK 99645, (907) 745-4469. All rehabilitation shall be completed to the satisfaction of DNR or the applicable land manager. 21. Inspections: Representatives and personnel of the DNR and other interested state agencies may inspect the permitted area at any time. Non-compliance determinations will subject the site to re-inspection of which the permittee may be assessed, at the Director’s discretion either a fee of $100 or a fee equal to the actual expenses incurred by the Division of Mining, Land and Water (11 AAAC 05.010). 22. Permit Amendments: Permittee proposals requiring the amendment of this permit must be in submitted in writing. 23. Permit Renewal. This permit may be considered for renewal upon the permittee’s remittance of: (i) the required filing fee and (ii) a written request for renewal that includes a statement confirming that there has been and will be no significant changes in the development/site utilization plans. A request for permit renewal will not be accepted more than ninety (90) days prior to the expiration of this permit. This permit may not be renewed if the conditions of this permit have not been met, or if the activity conflicts with other land uses planned by the division. 24. Permit Expiration/Termination: On or before permit expiration, or upon termination of this permit by the permittee or the State of Alaska, all equipment, debris, fencing and flagging shall be removed from the site. The site shall be restored, at the expense of the permittee, to the satisfaction of the Authorized Officer. 25. Performance Guarantee: The permittee shall provide a surety bond or other form of security acceptable to the Division in the amount of $1500.00 payable solely to the State of Alaska, Department of Natural Resources. Such performance guaranty shall remain in effect for the term of this authorization and shall secure performance of the permittee’s obligations hereunder. The amount of the performance guaranty may be adjusted by the Authorized Officer upon approval of amendments to this authorization, changes in the development plan, upon any change in the activities conducted or performance of operations conducted on the premises. If the permittee fails to perform obligations under this permit in a reasonable time, the State may perform the Permittee’s obligations at the Permittee’s expense. The Permittee agrees to pay within 20 days following demand, all costs and expenses reasonable incurred by the State of Alaska as a result of the failure of the permittee to comply with the terms of this permit. The provisions of this permit shall not prejudice the State’s right to obtain remedy under any law or regulation. If the Authorized Officer determines that the permittee has satisfied the terms and conditions of this permit, the performance guaranty may be released. The performance guaranty may only be released in writing signed by the Authorized Officer. 26. Insurance. Insurance is required and is subject to annual review and adjustment by the Department of Natural Resources. The Department may require a reasonable increase based on a change in the Permittee’s development plan or with increased risk. The insurance policy or policies must be written by a company or companies on the Division of Insurance's "admitted list" or the "surplus lines insurance list." The broker/agent must be licensed to do business in the state, and, if surplus lines insurance is provided, the broker must have a surplus broker license. Additional information regarding the admitted and surplus lines lists may be obtained from the Division of Insurance (1-907-269-7900). Pursuant to the land use permit the Permittee shall: a) Consult, as appropriate, with an insurance professional licensed to transact the business of insurance under Alaska Statute, Title 21, to determine what types and levels of insurance are adequate to protect the Permittee and Permittor (the State, its officers, agents and employees) relative to the liability exposures of the Permittee's commercial operations. b) Secure or purchase at Permittee's own expense, and maintain in full force at all times during the term of the permit, adequate insurance policies and coverage levels recommended by an insurance professional, licensed to Land Use Permit #LAS 27889 Permittee: AVEC Page 7 Form Date: 05/15/2007 transact the business of insurance under Alaska Statute, Title 21, and acceptable to the State of Alaska. The State will expect to see at a minimum, the following types of coverage: Commercial General Liability Insurance: The policy shall be written on an "occurrence" form and shall not be written as a "claims-made" form unless specifically reviewed and agreed to by the Division of Risk Management, Alaska Department of Administration. Worker’s Compensation Insurance: The Permittee shall provide and maintain, for all its employees, Workers’ Compensation Insurance as required by AS 23.30.045. Where applicable, coverage must comply with any other statutory obligations, whether Federal (i.e. U.S.L.&H. or Jones Act) or other state laws in which employees are engaged in work on the permitted premises. The insurance policy must contain a waiver of subrogation clause in favor of the State of Alaska. c) Ensure that the State of Alaska, Department of Natural Resources is included as an additional insured on all liability policies held by the Permittee that provide coverage for liabilities connected to the operations of the Permittee on or in conjunction with the permitted premises. d) Provide proof of insurance to the Southcentral Regional Manager on a yearly basis. The certificate must provide for a 30-day prior notice to the State of Alaska in the event of cancellation, non-renewal or material change of conditions. Failure to furnish satisfactory evidence of insurance, or lapse of the policy are material breaches of the permit and shall be grounds, at the option of the Permittor, for termination of the permit. Generally, the State of Alaska will rely upon the best professional judgment of the licensed insurance agent and, at renewal, the agent's annual re-assessment of the insured's liability exposure for determination of adequate levels of coverage. The State of Alaska reserves the right to require additional coverage if, in its discretion, it determines that it may be warranted. Any changes in the approved permit development and operations plan, or the existence of significant claims against the liability coverage, would warrant examination of the insurance by the state to determine adequacy. e) In the event the Permittee becomes aware of a claim against any of its liability coverage, the Permittee shall notify, and provide documentation and full disclosure of the claim to the S. central Regional Mgr within 20 days. 27. Permit Renewal. This permit may be considered for renewal upon the permittee’s remittance of: (i) the required filing fee and (ii) a written request for renewal that includes a statement confirming that there has been and will be no significant changes in the development/site utilization plans. A request for permit renewal will not be accepted more than ninety (90) days prior to the expiration of this permit. This permit may not be renewed if the conditions of this permit have not been met, or if the activity conflicts with other land uses planned by the division. 28. Completion Report. A completion report shall be submitted to DNR or the applicable land manager within sixty days of termination of permit activities. This report shall contain the following information: a. actual routes of travel and location of all camps depicted on a USGS topographic map; b. a list of vehicles used for any off-road travel which may have taken place; c. a statement of cleanup activities and methods of debris disposal; and d. a report of any known incidents of damage to the tundra or existing vegetation cover and follow-up corrective actions that may have taken place while operating under this authorization. Any report that includes the above noted information may be sent in lieu of the completion report. The information in a-d should be highlighted or otherwise marked for easy reference. Cross country travel requiring a DNR land use authorization for activity related to the Trans Alaska Pipeline shall be reported to the Joint Pipeline Office consistent with the termsa of the lease with DNR.5 The location of any spill or damage to the vegetative mat or stream banks must be identified on a USGS map (1:63,000 scale). The map must accompany the completion report. Intermittent before and after passage photographs taken along the authorized travel route must accompany the report. The report should also include photographs of any area which may have been damaged and required or will require restoration. (11 AAC 96.070) Failure to submit the required DNR Mining, Land and Water Amended Temporary Water Use Authorization Li L-J DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND & WA TER Water Resources Section March 9, 2011 Alaska Village Electric Cooperative, Inc. Attn: Brent Petrie 4831 Eagle Street Anchorage, AK 99503 Re: Amended Temporary Water Use Authorization, TWUP A2010-126 Dear Mr. Petrie: SEAN PARNELL,GOVERNOR 550 WEST 7'" AVENUE, SUITE 1020 ANCHORAGE, ALASKA 99501-3562 PHONE: (907) 269-8600 FAX: (907)269-8904 The Water Resources Section completed the review of Alaska Village Electric Cooperative, Inc.'s February 25, 2011 request to amend Temporary Water Use Authorization TWUP A2010-126 by adding another water withdrawal location on Kwiguk Pass for the purpose of constructing an ice bridge to a material source on an unnamed island across from the west end of Enunonak, Alaska. Enclosed is Amended Temporary Water Use Authorization TWUP A2010-126, expiration date of April 30,2011. Please note all of the conditions on the authorization ,especially conditions five (5 ),six (6) and thirteen (13) through eighteen (18). If changes to this project are proposed during its operation, please contact this office immediately to determine if further review is necessary. If you have any questions or concerns about this amended authorization, I may be contacted at telephone number (907) 269-8609. Thank you for your cooperation with the Water Resources Section. Sincerely, Michael Walton Natural Resource Manager Encl. Amended Temporary Water Use Authorization TWUP A2010-126 Cc Colleen Bolling, Environ. Planner, Solstice Alaska Consulting, Inc. (via email: colleen@solsticeak.com) "Develop, Conserve,and Enhance Natural Resources for Present and Future Alaskans." ALASKA DEPARTMENT OF NATURAL RESOURCES Division of Mining ,Land ,and Water Water Resources Section 550 West 7"' Avenue, Suite 1020, Anchorage, AK 99501-3562 AMENDED TEMPORARY WATER USE AUTHORIZATION TWUP A2010-126 This Amended Temporary Water Use Authorization TWUP A2010-126 is issued to amend Temporary Water Use Authorization TWUP A2010-126 issued December 29, 2010, to: Add an additional authorized water withdrawal location on Kwiguk Pass described as Kwiguk Pass within W1/2 Section 18, Township 31 North, Range 81 West, Seward Meridian and/or E1/2 Section 13, Township 31 North, Range 82 West, Seward Meridian. The water pumped at this additional location will be used to construct and maintain an ice bridge (up to 300-feet wide and 36 to 48-inches deep) over Kwiguk Pass to access a material site on an unnamed island in Kwiguk Pass across from the west end of Emmonak, Alaska. The ice bridge to be constructed by Alaska Village Electric Cooperative, Inc. at this location is in addition to the separate ice bridge to be constructed by the City of Emmonak under Temporary Water Use Authorization TWUP A2010-141. Pursuant to AS 46.15, as amended and the rules and regulations promulgated thereunder, permission is hereby granted to Alaska Village Electric Cooperative, Inc., 4831 Eagle Street, Anchorage, Alaska 99503, and its contractors,to withdraw up to 96 ,000 gallons of water per day at a maximum pump rate of 400-gallons per minute from each of the below -described sources of water (subject to a combined maximum of 7,104,000 gallons of water for the project). Water withdrawals may occur between December 29, 2010 and April 30, 2011, inclusive. To facilitate river crossings by heavy equipment in connection with the Emmonak Wind Turbines and Emmonak to Alakanuk Electrical Distribution Intertie Project, the water will be used to construct and maintain an ice bridge over Kwiguk Pass (within Section 23, Township 31 North, Range 82 West, Seward Meridian), over Kwiguk Pass (within W I/2 Section 18, Township 31 North, Range 81 West, Seward Meridian and/or E1/2 Section 13, Township 31 North, Range 82 West, Seward Meridian), over Anuzukanuk Pass (within Section 26, Township 31 North, Range 82 West, Seward Meridian), and over Alakanuk Pass (within Section 16, Township 30 North, Range 82 West, Seward Meridian). SOURCES OF WATER: Kwiguk Pass within WI/2 Section 18, Township 31 North, Range 81 West, Seward Meridian and/or El/2 Section 13, Township 31 North, Range 82 West, Seward Meridian. Kwiguk Pass within Section 23, Township 31 North, Range 82 West, Seward Meridian. Anuzukanuk Pass within Section 26, Township 31 North, Range 82 West, Seward Meridian. Amended Temporary Water Use Authorization TWUP A2010-126 Page I of 3 Alakanuk Pass within Section 16, Township 30 North ,Range 82 West ,Seward Meridian. STRUCTURES TO BE CONSTRUCTED AND USED: Screened water intake structure (s), pump (s) with maximum of 400-gpm output, approximately 500-feet of pipe and /or hose ,water trucks, and water spreading equipment. Changes in the natural state of water are to be made as stated herein and for the purposes indicated. During the effective period of this authorization ,the permittee shall comply with the following conditions: CONDITIONS: I. Follow acceptable engineering standards in exercising the privileges granted herein. 2. Comply with all applicable laws, and any rules and /or regulations issued thereunder. 3. Except for claims or losses arising from negligence of the State, defend and indemnify the State against and hold it harmless from any and all claims, demands, suits ,loss, liability and expense for injury to or death of persons and damages to or loss of property arising out of or connected with the exercise of the privileges covered by this authorization. 4. Notify the Water Resources Section upon change of address. 5. The permittee is responsible for obtaining and complying with other permits /approvals (state, federal ,or local )that may be required. 6. This authorization does not authorize the permittee to enter upon any lands until proper rights-of-way, easements ,or permission documents from the appropriate landowner have been obtained. 7. Failure to respond to a request for additional information during the term of the authorization may result in the termination of this authorization. 8. The permittee shall allow an authorized representative of the Water Resources Section to inspect, at reasonable times, any facilities, equipment, practices, or operators regulated or required under this authorization. 9. The permittee is responsible for the actions of contractors, agents, or other persons who perform work to accomplish the approved project, and shall ensure that workers are familiar with the requirements of this authorization. For any activity that significantly deviates from the approved project during its siting, construction, or operation, the permittee is required to contact the Water Resources Section and obtain approval before beginning the activity. 10. The Water Resources Section may modify this authorization to include different limitations, expand monitoring requirements, evaluate impacts, or require restoration at the site. 11. Pursuant to 11 AAC 93.220 (f), this authorization may be suspended by the Department of Natural Resources to protect the water rights of other persons or the public interest. Amended Temporary Water Use Authorization TWUP A2010-126 Page 2 of 3 12. Any false statements or representations ,in any application, record ,report ,plan, or other documentfiled or required to be maintained under this authorization ,may result in the termination of this authorization. 13. This authorization is subject to Alaska Coastal Management Program Final Consistency Response Concurrence dated December 21, 2010 (Emmonak Wind Turbines and Intertie to Alakanuk ,State ID. No.: AK 1101-05AA ) and the Generally Consistent Determination GCD-8 that is referenced therein . A copy of Generally Consistent Determination GCD-8 consisting of four pages is attached hereto and made a part hereof, where applicable. 14. To avoid entrainment, impingement ,or injury to fish ,a properly sized and screened structure must surround the water intake when withdrawing water for the ice bridge construction .The screen mesh shall not exceed 0.04 inches and the water velocity at the screen surface shall not exceed 0.5 feet-per-second. The intake screen shall be periodically monitored during operations to ensure that the screening has not collapsed between the water intake and screen surface, that there are no openings in the mesh or gaps between the mesh and frame of intake structure greater than 0.04 inches ,and that the screen has not become blocked by debris. 15. Streambed and stream banks shall not be excavated ,altered ,or disturbed in any manner to facilitate the water withdrawal or ice bridge construction. 16. Wheeled or tracked vehicles shall not enter open water areas of Kwiguk Pass, Anuzukanuk Pass, or Alakanuk Pass. Ice or snow bridges and approach ramps must be substantially free of extraneous material (i.e., soil ,rock, wood ,or vegetation). 17. Vehicles leaking fuel ,oil, hydraulic fluid, or other pollutants shall not be operated or moved below the mean high tide line of Kwiguk Pass, Anuzukanuk Pass, or Alakanuk Pass. 18. The temporary water intake near Alakanuk pursuant to this authorization ,shall be located downstream of the water intake for the community to avoid impacts to the communities public water supply. This Amended Temporary Water Use Authorization is issued pursuant to 11 AAC 93.220 . No water right or priority is established by a temporary water use authorization issued pursuant to 11 AAC 93.220.Water so used is subject to appropriation by others (1 I AAC 93.210 (b)). Pursuant to 11 AAC 93.2 10 (b), authorized temporary water use is subject to amendment ,modification, or revocation by the Department of Natural Resources if the Department of Natural Resources determines that amendment ,modification ,or revocation is necessary to supply water to lawful appropriators of record or to protect the public interest. This amended authorization shall expire on April 30, 2011. This amended authorization supersedes the authorization issued December 29, 2010. Date issued: Approved: Title: Amended Temporary Water Use Authorization TWUP A2010-126 Page 3 of 3 GENERALLY CONSISTENT DETERMINATION GCD-8 TEMPORARY AND PERMANENT USE OF WATER (100,000 GALLONS/DAY OR LESS) The following activity is consistent with the Alaska Coastal Management Program per 11 AAC 110.730 when conducted according to the standard alternative measures listed below. This approval does not relieve the applicant from obtaining required permits and approvals from local, State ,and federal individual agencies, including access permits (before water use begins). For activities subject to this generally consistent determination ,the applicant is not automatically required to complete a coastal project questionnaire (CPQ). DNR may require a CPQ for project proposals where it is uncertain whether other State or federal authorizations may be required .For example , a CPQ may not be required for road reconstruction activities since the temporary water use permit is usually the last required permit in an approved and consistent Alaska Department of Transportation and Public Facilities project .Also, a CPQ may not be required for public supply when the water system is existing and the water right application is an after -the-fact filing. DESCRIPTION OF THE ACTIVITY Temporary and permanent water withdrawals, including amendments to existing water withdrawal authorizations, from surface and subsurface water where all water withdrawals cumulatively do not reduce the instream flow below the level necessary to support anadromous and resident fish. (Under AS 46.15, DNR is still required to give notice to OHMP and DEC of the proposed withdrawal to determine the necessary instream flow levels.) Temporary water use may be for an undetermined quantity of water for up to five years. Permanent water use authorizations subject to this generally consistent determination are limited to 100,000 gallons per day. Applications for permanent water uses greater than 100,000 gallons are subject to individual project review. Amendments to existing authorizations must remain within the scope of this generally consistent determination. Routine uses include: • public, commercial, and domestic water supplies; • industrial uses including seafood processing, logging activities, road construction, oil and gas exploration outside environmentally sensitive areas, sand and gravel washing, industrial air cooling, and chemical refining; • public and commercial uses including recreation fields, golf courses, cemeteries, snow making, trailer and recreational vehicle parks, campgrounds, public facilities, ice hockey rinks, commercial malls, car washes, laundries, and washaterias; Rev. 5/95 Updated/Approved--05/2004 I of 4 GCD-8 • agricultural uses including crop irrigation, livestock watering,nurseries, and greenhouses; • hydroelectric power generation; • fish hatcheries. • hydrostatic testing; and • bottled water. Authority:AS 46.15 AS 41.14.870 AS 16.20 5 AAC 95 11 AAC 93.210 - 220 Permits:Temporary Water Use Permit (DNR) Permit to Appropriate Water (DNR) Fish Habitat Permit (OHMP) Special Area Permit (DFG) Region:Statewide, except AMSAs or Important Use Areas identified in the Bering Straits CRSA plan. PROCEDURE This generally consistent determination does not apply to an operation that must undergo an individual project review because of other State or federal permit requirements. Water withdrawal authorizations connected to commercial mining are reviewed as part of the Alaska Placer Mining Application. STANDARD ALTERNATIVE MEASURES Conditions pertaining to Surface and Subsurface Withdrawals 1. Water discharged (including runoff) shall not be discharged at a rate resulting in sedimentation, erosion, or other disruptions to the bed or banks of the above waters, causing water quality degradation. 2. Water trucks will not be fueled or serviced within 100 feet of a water body. Gas fueled pumps will not be fueled or serviced within 100 feet of a water body unless the pumps are situated within a catch basin designed to contain any spills. Equipment shall not be stored or serviced within 100 feet of any of the subject waterbodies. Conditions pertaining only to Surface Withdrawals Rev. 5/95 Updated/Approved--05/2004 2 of 4 GCD-8 3. Any water intake structure in fish bearing waters, including a screened enclosure, well- point, sump, or infiltration gallery, must be designed, operated, and maintained to prevent fish entrapment, entrainment, or injury, unless specifically exempted by DFG. 4. Each water intake directly accessible by fish shall be designed to prevent intake, impingement, or entrapment of fish. Preferred methods of water intake include well points, sumps, or infiltration galleries. As an alternative, the water intake structure must be enclosed and centered within a screened box with a maximum screen-mesh size of 0.04-inches. To reduce fish impingement at the screen/water interface, water velocity may not exceed 0.5 feet per second when the pump is operating. Slower water velocities may be stipulated by DFG if more sensitive anadromous fish life stages (e.g. juvenile whitefish) are present at the water intake source during the period of pumping. DFG can properly determine the size of the screened box from the pump intake size and capacity to be used. Screens aligned parallel to the stream current will require the least maintenance and will be least likely to impinge fish. 5. Waterbodies shall not be altered to facilitate water appropriation or disturbed in any way. If banks, shores, or beds, are inadvertently disturbed, excavated, compacted, or filled, by activities attributable to this project, they shall be immediately stabilized to prevent erosion and the resultant sedimentation of waterbody which could occur both during and after operations. Any disturbed areas shall be recontoured and revegetated. 6. Adequate flow must remain to support indigenous aquatic life and the watercourse must not be blocked to the passage of fishes. The water appropriation shall not adversely affect any anadromous fish stream. 7. Prior to withdrawing water from fish bearing streams, the OHMP and DNR may require current and expected flow data for the period of proposed water use. DNR may set a maximum rate of diversion and/or a minimum instream flow. 8. Inwater activity will be limited to placement and removal of the intake structure only. No other in-water activities will occur. 9. There shall be no wheeled, tracked, excavating, or other machinery or equipment (with the exception of the non-motorized screened intake box) operated below the ordinary high water line. 10. Permittee must employ pumping operations in such a way as to prevent any petroleum products or hazardous substances contaminating surface or ground water .In case of accidental spills, absorbent pads will be readily available at the water collection point. The lessee or permittee shall immediately notify 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 Rev. 5/95 Updated/Approved--05/2004 3 of 4 GCD-8 greater than 55 gallons solely to land and outside an impermeable containment area. If a 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 lessee or permittee 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 AAC 75.305 shall be met. The provisions of 18 AAC 75.310 (Scope and Duration of Initial Response Actions) and other reporting requirements of 18 AAC 75300 - 18 AAC 75.396 also apply. The lessee or permittee 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) 269-7500, 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. All fires and explosions must also be reported. The DNR 24 hour report number is (907) 451-2678; the fax number is (907) 451-2751. DNR or the appropriate land manager and DEC shall be supplied with all follow-up incident reports. 11. The suction hose at the water extraction site must be clean and free from contamination at all times to prevent introduction of contamination to the waterbodies, and should be in water of a sufficient depth so that the stream sediments are not disturbed during the extraction process. 12. During the constructional or operational phases of this project,any discharge to state waters made subsequent to this appropriation shall comply with Alaska Water Quality Standards. Rev. 5/95 Updated/Approved--05/2004 4 of 4 GCD-8