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HomeMy WebLinkAboutConnelly Lake Appendices APPENDICES TABLE OF CONTENTS 1. Certificate of Public Convenience & Necessity 2. Corporate Resolution 3. Project Maps 4. Project Description 5. Project Schedule 6. Reconnaissance Information 7. Permit Applications and Coastal Zone Questionnaire 8. Photographs of Project Area 9. ULC Grid Infrastructure One-Line Diagrams 10. Letters of Support 11. Resume’s 12. Cost Worksheet 13. Grant Budget Form CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY CORPORATE RESOLUTION PROJECT MAPS PROJECT DESCRIPTION CONNELLY LAKE HYDROELECTRIC PROJECT PROJECT DESCRIPTION Project Location The Connelly Lake Project would be located in Southeast Alaska, approximately 14 miles northeast of the City of Haines and 10 miles southwest of the City of Skagway. Stream or other body of water: Connelly Lake (formerly Upper Chilkoot Lake) at elevation 2272 feet above mean sea level, connected by an unnamed stream to the Chilkoot River. Affected land: State of Alaska land in Sections 22, 26, 27, 34, 35, and 36 withinT28S, R57E and Sections 4, 5, 9, 10, 14, 15, 22, 23, 25, 26 within T29S, R58E (Copper River Meridian). Project Features The following description of project features is based on a preliminary evaluation of the site. The sizes and types of project features are subject to modification as further evaluations are made. Dam, Intake and Spillway There will be a 48-foot-high rock fill dam located at the outlet of Connelly Lake, which would raise the lake elevation from 2,280 to 2,312. The crest length would be approximately 575 feet, the crest elevation would be approximately 2,318 feet, the crest width would be approximately 12 feet, and the base width would be approximately 100 feet. If suitable impervious material can be found in the reservoir area, the dam would have an impervious core, otherwise, the upstream face would have a concrete or membrane lining. The dam would increase the size of the lake from 90 acres to 160 acres and provide for an active storage capacity of 4,700 acre-feet between El 2280 and El 2312. The reservoir would be drawn down in the winter and early spring, and refill in the late spring and early summer. The spillway would be located on a bench cut into the right abutment, and would have an ungated concrete crest approximately 100 feet long, with the crest elevation at El 2,312. The intake would be situated on the left abutment of the dam, with the centerline at about El 2,270 feet. The intake would be a free-standing concrete structure diverting flow into a 48-inch-diameter conduit under the dam. An outlet works structure would be located at the downstream end of the conduit, which would provide a transition to the penstock and a branch to a 48-in discharge valve to provide for rapid drawdown of the reservoir. Penstock A 6,188-foot-long, 30-inch-diameter steel penstock would convey water from the intake/outlet works to the powerhouse. The penstock would be aligned with a minimum of horizontal bends to allow construction with a highline system. The penstock would be exposed and located within a cleared corridor about __ feet wide. The pipe would be coated with an appropriate color to blend it into the vegetation as much as possible. Powerhouse The powerhouse would be a prefabricated 40-foot by 60-foot metal building, located on the west bank of the Chilkoot River at approximately 170 feet in elevation. The powerhouse will be on a reinforced concrete foundation. The powerhouse will contain one or two generating units with an installed capacity of 6,200 kW. Hydraulic capacity would be approximately 45 cfs. Tailrace A tailrace would be a riprap-lined excavated channel extending a short distance from the powerhouse to the Chilkoot River to conduct powerhouse discharges. Access Access to the powerhouse area would be via an existing road previously used for logging that crosses both state and private land as well as construction of approximately 0.25 miles of new road and a bridge across the river. Access to the dam and the penstock areas during construction would be by helicopter and the highline system. Access to the highline system and powerhouse site would be by road. Access during operation would be by road and helicopter during operation. Transmission Line and Substation A 14-mile-long, 34.5 kV, underground and overhead transmission line would interconnect with Alaska Power & Telephone Company’s existing 34.5 kV transmission system at Lutak inlet. Project Generation The powerhouse will contain one or two generating units with an installed capacity of 6,200 kW. The peak load capacity would be approximately 6.2 MW. The average annual generation would be about 35 GWh (potential). Lands of the United States There are no federal lands within the project boundary, only state and private. The project would run through the Chilkoot Eagle Preserve and is also in Haines State Forest. Project Description p. 2 Connelly Lake Hydroelectric Project Proposed Market Current electrical demand of the Haines and Skagway Boroughs are expected to increase as more consumers are placed on the power grid. Although, sufficient hydro generation presently exists, it is reaching its capacity, requiring the occasional use of diesel for peak load and late in the winter. It is anticipated that a need for additional hydroelectric power will occur within the next five years and this storage project will take us well into the future. Permitting and construction of this project will take about five years to complete if started now. Project Maps The proposed project location is identified on Figure 1: Project Location, as well as project features and the boundary of the Chilkat Bald Eagle Preserve. Environment This project will be within the Haines State Forest, Chilkat Bald Eagle Preserve, and on some private land along the access road / transmission line route. The Chilkoot River above Chilkoot Lake has Coho, Sockeye, and Dolly Varden. Connelly Lake and its outlet stream are above Chilkoot Lake and drain into the Chilkoot River. According to ADF&G’s habitat maps, the outlet stream from Connelly Lake is not used by any fish. ADF&G conducted fish surveys in 1995 in Connelly Lake, the outlet stream from Connelly Lake, a stream approximately 0.25 miles south of the Connelly Lake outlet stream from the river confluence, and seven other streams along the access road north of Chilkoot Lake. The fish studies were part of a cooperative agreement between ADF&G and Haines Light and Power Company. ADF&G’s finding were: 1. Connelly Lake and its outlet stream do not appear to support fish populations; 2. The lower reaches of the stream approximately 0.25 miles south of the Connelly Lake outlet stream confluence with the river provides rearing habitat for juvenile coho and Dolly Varden; and, 3. Seven streams along the access road (north of Chilkoot Lake) support spawning and/or rearing fish. Permits Although no permits have been acquired at this time, there is a water use reservation number LAS14292 for AP&T from previous efforts to retain this site for hydro development. Now we are going ahead with development and will acquire all permits necessary to do so. Project Description p. 3 Connelly Lake Hydroelectric Project PROJECT SCHEDULE Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 PHASE II: Resource Assessment, Feasibility Analysis, Conceptual Design Conceptual Design Stream Gage Installation Geotechnical Investigations Environmental Studies PHASE III: Final Design and Permitting Permit Application & Processing Stream Gaging (data collection) Penstock Alignment Survey Final Design PHASE IV: Construction Mobilization Access Road Dam Penstock Generating Equipment Procurement Powerhouse Transmission Line Testing and Start-Up 2015 CONNELLY LAKE HYDROELECTRIC PROJECT DESIGN AND CONSTRUCTION SCHEDULE 2010 2011 2012 2013 2014 RECONNAISSANCE INFORMATION PERMIT APPLICATIONS & COASTAL ZONE QUESTIONNAIRE State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 1 of 18 Coastal Project Questionnaire and Certification Statement The Coastal Project Questionnaire (CPQ) is a diagnostic tool that will identify the state and federal permit requirements for your project that are subject to a consistency review. You must answer all questions. If you answer “Yes” to any of the questions, please call that specific department for further instructions to avoid delay in processing your application. You can find an agency contact list online at http://alaskacoast.state.ak.us/Contacts/PRCregcont.html. A complete project packet includes accurate maps and plan drawings at scales large enough to show details, copies of your state and federal permit applications, your answers to this questionnaire, and a complete consistency evaluation. DCOM will notify you within 21 days of receipt if the packet is incomplete and what information is still required. For additional information or assistance, you may call or email the Juneau Project Review at (907) 465-2142, or the Anchorage Project Review at (907) 269-7478. This CPQ document contains numerous hyperlinks (underlined text that has a connection to an internet web page) and is best viewed on-line. Additional instructions are available at http://www.alaskacoast.state.ak.us/Projects/pcpq.html „ APPLICANT INFORMATION 1. Alaska Power & Telephone Company Name of Applicant P.O. Box 3222 Address Port Townsend, WA 98368 City/State/Zip 360-385-1733 x122 Daytime Phone 360-385-7538 glen.m@aptalaska.com Fax Number E-mail Address 2. Agent (or responsible party if other than applicant) Address City/State/Zip Daytime Phone Fax Number E-mail Address „ PROJECT INFORMATION Yes No 1. This activity is a: new project modification or addition to an existing project 2. If this is a modification or an addition, do you currently have any State, federal or local approvals for this activity? NOTE: Approval means any form of authorization. If "yes," please list below: Approval Type Approval # Issuance Date Expiration Date 3. If this is a modification, was this original project reviewed for consistency with the Alaska Coastal Management Program? ............................................................................................................................................................................. Previous ACMP I.D. Number: (example: AK 0706-05AA or ID2004-0505JJ) Previous Project Name: Previous Project Applicant: „ PROJECT DESCRIPTION Attach a complete and detailed narrative description of your new project or of your modification/addition including ALL associated facilities and changes to the current land or water use (if not already attached as part of an agency application). Clearly delineate the project boundaries and all property owners, including owners of adjacent land, on the site plan. The scale of the maps and plan drawings must be large enough to show pertinent details. Identify your proposed footprint or State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 2 of 18 disturbed area. If this project is a modification to an approved project, identify existing facilities and proposed changes on the site plan. Proposed starting date for project: 2011 Proposed ending date for project: 2013 „ PROJECT LOCATION and LAND OWNERSHIP Yes No 4. Describe/identify the project location on a map (Including nearest community, the name of the nearest land feature or body of water, and other legal description such as a survey or lot number.). Township T28S, T29S Range R58E Section see attachment for full list Meridian CRM Latitude/Longitude / (specify Decimal Degrees or Degrees, Minutes, Seconds) USGS Quad Map Skagway (B-2) 5. The project is located on: State land or water* Federal land Private land Municipal land (Check all that apply) Mental Health Trust land University of Alaska land Contact the applicable landowner(s) to obtain necessary authorization. State land ownership can be verified using Alaska Mapper. *State land can be uplands, tidelands or submerged lands to 3 miles offshore. 6. Is the project within or associated with the Trans Alaska Pipeline corridor? ...................................................................... „ COASTAL DISTRICT Yes No 7. Is the project located in a coastal district? .......................................................................................................................... If yes, identify the applicable coastal district(s) and contact them to ensure your project conforms with district policies and zoning requirements. Coastal districts are a municipality or borough, home rule or first class city, second class municipality with planning powers, or coastal resource service area. A coastal district is a participant in the State's consistency review process. Early interaction with the district can benefit you significantly; please contact the district representative listed on the contact list at http://www.alaskacoast.state.ak.us/Contacts/PRCregcont.html „ DEPARTMENT OF NATURAL RESOURCES (DNR) APPROVALS DNR DIVISION OF MINING, LAND & WATER- LAND SECTION Yes No 1. Is the proposed project on State-owned land or water or will you need to cross State-owned land for access? (NOTE: State land includes the land below the ordinary high water line of navigable streams, rivers and lakes, and in marine waters, below the mean high tide line seaward for three miles. State land does not include Alaska Mental Health Trust Land or University of Alaska Land.) ……………………………………………………………..……………………….. 2. If you answered yes to the question above, indicate the person you contacted at the appropriate Division of Mining, Land and Water regional office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? ..................................................................................................... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: DNR DIVISION OF MINING, LAND & WATER- MATERIALS SECTION Yes No 3. Do you plan to dredge or otherwise excavate or remove materials such as rock, sand, gravel, peat, or overburden from any land regardless of ownership? ...................................................................................................................................... a) Location of excavation site if different than the project site: Township Range Section Meridian 4. At any one site (regardless of land ownership), do you plan any of the following? ............................................................ Excavate five or more acres over a year’s time Excavate 50,000 cubic yards or more of materials (rock, sand, gravel, soil, peat, overburden, etc.) over a year’s time Have a cumulative, un-reclaimed, excavated area of five or more acres 5. Do you plan to place fill or excavated material on State-owned land? ............................................................................... a) Location of fill or material disposal site if different than the project site: Township Range Section Meridian 6. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Mining, State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 3 of 18 Land and Water regional office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? ....... Is covered under the Land Easement Application................. c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: DNR DIVISION OF MINING, LAND & WATER- MINING SECTION Yes No 7. Do you plan to mine for locatable minerals such as silver, gold, or copper? ..................................................................... 8. Do you plan to explore for or extract coal? ........................................................................................................................ 9. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Mining, Land and Water regional office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? ...................................................................................................... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: DNR DIVISION OF MINING, LAND & WATER- WATER SECTION Yes No 10. Will this project or development divert, impound, withdraw, or use any fresh water (regardless of land ownership)? (NOTE: If you know of other water users who withdraw from the same source or any potential conflicts affecting this use of water, contact the Water Section. If you are obtaining water exclusively from either an existing Public Water Supply or from a rainwater catchment system, you are not required to contact the DNR Water Section regional office.) ...................... a) Check all points-of-withdrawal or water sources that apply: Public Water system (name): Stream or Lake (name): Connelly Lake Well Rain catchment system Other: b) Intended use(s) of water: Hydropower generation c) Amount (maximum daily, not average, in gallons per day): 45 cfs d) Is the point of water withdrawal on property you own? …………………………………………………………........... 11. Do you plan to build or alter a dam (regardless of land ownership)? .................................................................................. 12. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Mining, Land and Water regional office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? .............................. LAS 14292; Priority already established........ c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: DNR DIVISION OF FORESTRY Yes No 13. Does your operation meet both of the following criteria on any land, regardless of ownership? a) The project will commercially harvest timber on 10 or more acres, or commercially harvest timber that intersects, encompasses, or borders on surface waters, and b) The project involves one or more of the following: site preparation, thinning, slash treatment, construction and maintenance of roads associated with a commercial timber harvest, or any other activity leading to or connected to a commercial timber harvest operation…………………………........................................................................................ 14. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Forestry regional office for information. a) Name/date of Contact: b) Is an application required for the proposed activity?..Project within Haines State Forest; HSF says they will handle through DNR easement.................................. c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: DNR DIVISION OF OIL & GAS Yes No State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 4 of 18 15. a) Will you be exploring for or producing oil and/or gas? ………………………………………………………………... b) Will you conduct surface use activities on/within an oil and gas lease or unit? ………………………………………. If yes, please specify: 16. Do you plan to drill a geothermal well (regardless of land ownership)? …………………………………………………. 17. If you answered yes to any question above, indicate the person you contacted at the appropriate Division of Oil & Gas office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: Visit the Division of Oil & Gas website for application forms and additional information. DNR OFFICE OF HISTORY & ARCHAEOLOGY Yes No 18. Will you investigate, remove, or impact historical, archaeological or paleontological resources (anything over 50 years old) on State-owned land? ………………………………………………………………………………………………… 19. If you answered yes to the question above, indicate the person you contacted at the State Historic Preservation Office for information. a) Name/date of Contact: DNR DIVISION OF GEOLOGICAL & GEOPHYSICAL SURVEYS Yes No 20. Is the proposed project located within a natural hazard area designated by a coastal district in the approved district plan? (Refer to the district plan or contact the coastal district office.) ……………………………………………………. a) If “yes”, describe the measures you will take in the siting, design, construction, and operation of the proposed activity to protect public safety, services, and the environment from potential damage caused by the designated natural hazard(s) in the Natural Hazards portion of the attached Coastal Consistency Evaluation (11 AAC 112.210). 21. If you have contacted someone, please indicate the person you contacted at the Coastal District or the State for information. The Division of Geological & Geophysical Survey may have additional information on hazards for the area. a) Name/date of Contact: DNR DIVISION OF PARKS & OUTDOOR RECREATION Yes No 22. Is the proposed project located in a unit of the Alaska State Park System including navigable waters, tidelands or submerged lands to three miles offshore? …………………………………………………………………………………. 23. If you answered yes to any question above, indicate the person you contacted at the appropriate DNR Division of Parks & Recreation office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? ……………Project in Chilkoot Bald Eagle Preserve; they are reviewing to determine what steps we should take next…………... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: DNR APPROVALS List the Department of Natural Resources permits or authorizations required for your project below: Types of project approvals or permits needed. Date application submitted DNR Land Use Permit 10/13/08 DNR Water Use Permit LAS 14292; priority has been established; DNR Div. of Forestry DNR Div. of Parks & Outdoor Rec (Chilkoot Bald Eagle Preserve) They are going to follow through DNR easement process; Parks is reviewing what steps to take; „ DEPARTMENT OF FISH AND GAME (DFG) APPROVALS Yes No State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 5 of 18 1. Is your project located in a designated State Game Refuge, Critical Habitat Area or State Game Sanctuary? …………... 2. Does your project include construction/operation of a salmon hatchery? ………………………………………………… 3. Does your project affect, or is it related to, a previously permitted salmon hatchery? …………………………………… 4. Does your project include construction of an aquatic farm? ……………………………………………………………… 5. Will you work in, remove water or material from, or place anything in, a stream, river or lake? (NOTE: This includes work or activities below the ordinary high water mark or on ice, in the active flood plain, on islands, in or on the face of the banks, or, for streams entering or flowing through tidelands, above the level of mean lower low tide. If the proposed project is located within a special flood hazard area, a municipal floodplain development permit may be required. Contact the affected city or borough planning department for additional information and a floodplain determination.) …………………………………………………………………………………………………………….. a) If yes, name of waterbody: Connelly Lake 6. If you answered yes to any questions above, indicate the person you contacted at the appropriate Department of Fish and Game office for information. (For projects involving Hatcheries or Aquatic Farms, please contact the Division of Commercial Fisheries. Other projects should contact the Division of Habitat.) a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………. c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: DFG APPROVALS List the Department of Fish and Game permits or authorizations required for your project below: Types of project approvals or permits needed. Date application submitted Habitat Permit 10/13/08 „ DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) APPROVALS DEC DIVISION OF WATER Yes No 1 a) Will a discharge of non-domestic wastewater to lands, waters, or the subsurface of the state occur? (NOTE: Non- domestic wastewater includes wastewater from commercial or industrial facilities, excavation projects, wastewater from man-made containers or containment areas, or any other non-domestic wastewater disposal activities see 18 AAC 72.990 for definitions.) …………………………………………………………………………………………... b) Will a discharge of domestic wastewater or septage to lands, waters or the subsurface of the state occur? (see 18 AAC 72.990 for definitions.) …………………………………………………………………………………………….. c) Will the wastewater disposal activity require a mixing zone or zone of deposit to meet Water Quality Standards (WQS)? (Many disposal activities require a mixing zone to meet WQS, contact DEC if unsure.) …………………….. d) Will the project include a stormwater collection/discharge system? …………………………………………………… e) Will the project include placing fill in wetlands? ………………………………………………………………………. f) Is the surrounding area inundated with water at any time of the year? …………………………………………………. g) Do you intend to construct, install, modify or use any part of a domestic or non-domestic wastewater treatment or disposal system? ………………………………………………………………………………………………………… 2. Does your project qualify for a general permit for wastewater? ............................................................... 3. If you answered yes to any questions above, indicate the person you contacted at the DEC-Division of Water for information. a) Name/date of Contact: b) Is an application required for the proposed activity? ………………see attached e-mail from DEC…………………... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 6 of 18 DEC DIVISION OF ENVIRONMENTAL HEALTH Yes No 4 a) Will your project result in construction, modification, or operation of a facility for solid waste disposal? (NOTE: Solid waste means drilling wastes, household garbage, refuse, sludge, construction or demolition wastes, industrial solid waste, asbestos, and other discarded, abandoned, or unwanted solid or semi-solid material, whether or not subject to decomposition, originating from any source. Disposal means placement of solid waste on land.) ………. b) Will your project result in treatment of solid waste at the site? (Examples of treatment methods include, but are not limited to: incineration, open burning, baling, and composting.) ……………………………………………………… c) Will your project result in storage or transfer of solid waste at the site? ………………………………………………. d) Will the project result in storage of more than 50 tons of materials for reuse, recycling, or resource recovery? ……… e) Will any sewage solids or biosolids be disposed of or land-applied to the site? (NOTE: Sewage solids include wastes that have been removed from a wastewater treatment plant system, such as a septic tank lagoon dredge, or wastewater treatment sludge that contain no free liquids. Biosolids are the solid, semi- solid or liquid residues produced during the treatment of domestic septage in a treatment works which are land applied for beneficial use.) .. 5. Will your project require application of oil, pesticides, and/or any other broadcast chemicals? …………………………. 6. Does your project qualify for a general permit for solid waste? ................................................................ 7. If you answered yes to any question above, indicate the person you contacted at the DEC- Division of Environmental Health for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………... c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: DEC DIVISION OF AIR QUALITY Yes No 8 a) Will you have an asphalt plant designed to process no less than five tons per hour of product? ……………………… b) Will you have a thermal remediation unit with a rated capacity of at least five tons per hours of untreated material? .. c) Will you have a rock crusher with a rated capacity of at least five tons per hour? …………………………………….. d) Will you have one or more incinerators with a cumulative rated capacity of 1,000 pounds or more per hour? ……….. e) Will you have a coal preparation plant? ………………………………………………………………………………... f) Will you have a Port of Anchorage stationary source? …………………………………………………………………. g) Will you have a facility with the potential to emit no less than 100 tons per year of any regulated air contaminant?..... h) Will you have a facility with the potential to emit no less than 10 tons per year of any hazardous air contaminant or 25 tons per year of all hazardous air contaminants?........................................................................................................ i) Will you be constructing a new stationary source with a potential to emit greater than: ……………………………… 15 tons per year (tpy) of PM-10 40 tpy of nitrogen oxides 40 tpy of sulfur dioxide 0.6 tpy of lead; or 100 tpy of CO within 10 km of a nonattainment area j) Will you be commencing construction, or (if not already authorized under 18 AAC 50) relocating a portable oil and gas operation? (answer “yes” unless you will comply with an existing operating permit developed for the portable oil and gas operation at the permitted location; or you will operate as allowed under AS 46.14.275 without an operating permit) ……………………………………………………………………………………………………….................... k) Will you be commencing construction or (if not already authorized under 18 AAC 50) relocating an emission unit with a rated capacity of 10 million Btu or more per hour in a sulfur dioxide special protection area established under 18 AAC 50.025? ………………………………………………………………………………………………………… l) Will you be commencing a physical change to or a change in the method of construction of an existing stationary source with a potential to emit an air pollutant greater than an amount listed in g) that will cause for that pollutant an emission increase (calculated at your discretion) as either an increase in potential to emit that is greater than: 10 tpy of PM-10 10 tpy of sulfur dioxide 10 tpy of nitrogen oxides; or 100 tpy of CO within 10 km of a nonattainment area; or actual emissions and a net emissions increase greater than: State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 7 of 18 10 tpy of PM-10 10 tpy of sulfur dioxide 10 tpy of nitrogen oxides; or 100 tpy of CO within 10 km of a nonattainment area m) Will you be commencing construction or making a major modification of a Prevention of Significant Deterioration stationary source under 18 AAC 50.306? ……………………………………………………………………………….. n) Will you be commencing construction or making a major modification of a nonattainment area major stationary source under 18 AAC 50.311? …………………………………………………………………………………………... o) Will you be commencing construction or reconstructing a major stationary source under 18 AAC 50.316, for hazardous air pollutants? Definition of Regulated Air Pollutants can be found at http://www.epa.gov/ttn/oarpg/t5/memoranda/rapdef.pdf .................................................................................................. 9. If you answered yes to any questions above, indicate the person you contacted at the DEC- Division of Air Quality for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: DEC DIVISION OF SPILL PREVENTION AND RESPONSE Yes No 10 a) Will your project involve the operation of waterborne tank vessels or oil barges that carry crude or non crude oil as bulk cargo, or the transfer of oil or other petroleum products to or from such a vessel or a pipeline system? …………. b) Will your project require or include onshore or offshore oil facilities with an effective aggregate storage capacity of greater than 5,000 barrels of crude oil or greater than 10,000 barrels of non-crude oil? ……………………………….. c) Will you operate facilities on land or water for exploration or production of hydrocarbons? …………………………. 11. If you answered yes to any questions above, indicate the person you contacted at the DEC-Division of Spill Prevention and Response office for information. a) Name/date of Contact: b) Is a plan required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed Oil Discharge Prevention & Contingency Plan to the DCOM. If “No”, explain why an application isn’t required. Explanation: DEC APPROVALS List the Department of Environmental Conservation permits or authorizations required for your project below: Types of plan approvals or permits needed Date application submitted „ FEDERAL APPROVALS U.S. ARMY CORPS OF ENGINEERS (USACE) Yes No 1. Will you discharge dredged and/or fill material or perform dredging activities in waters of the U.S? Section 404 of the Clean Water Act requires that a Department of the Army permit be obtained for the placement or discharge of dredged and/or fill material into waters of the U.S., including wetlands (33 U.S.C. 1344). (Your application to the USACE would also serve as application for DEC Water Quality Certification.) …………………………………. 2. Will you place fill or structures or perform work in waters of the U.S? Section 10 of the Rivers and Harbors Act of 1899 requires that a Department of the Army permit be obtained for structures or work in or affecting navigable waters of the U.S. (33 U.S.C. 403) (Waters of the U.S. include marine waters subject to the ebb and flow of the tide, rivers, streams, lakes tributaries, and wetlands. If you are not certain whether your proposed project is located within a wetland, contact the USACE Regulatory Division to request a wetlands determination. For additional information about the Regulatory Program, visit www.poa.usace.army.mil/reg) ……………………………………….. State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 8 of 18 3. If you answered yes to the question above, indicate the person you contacted at the US Army Corps of Engineers for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: BUREAU OF LAND MANAGEMENT (BLM) Yes No 4. Is the proposed project located on BLM land, or will you need to cross BLM land for access? …………………………. 5. If you answered yes to the question above, indicate the person you contacted at the Bureau of Land Management for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: U.S. COAST GUARD (USCG) Yes No 6 a) Do you plan to construct a bridge or causeway over tidal (ocean) waters, or navigable rivers, streams or lakes? ……... b) Does your project involve building an access to an island? ……………………………………………………………. c) Do you plan to site, construct, or operate a deepwater port? …………………………………………………………… 7. If you answered yes to any question above, indicate the person you contacted at the appropriate US Coast Guard office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) Yes No 8 a) Will the proposed project have a discharge to any waters? ……………………………………………………………... b) Will you dispose of sewage sludge? ……………………………………………………………………………………. c) Will construction of your project expose 1 or more acres of soil? (NOTE: This applies to the total amount of land disturbed, even if disturbance is distributed over more than one season, and also applies to areas that are part of a larger common plan of development or sale.) …………………………………………………………………………... d) Is your project an industrial facility that will have stormwater discharge directly related to manufacturing, processing, or raw materials storage areas at an industrial plant? If you answered yes to c) or d), your project may require an NPDES Stormwater permit ……………………………………………………………………………………………… 9. If you answered yes to any question above, indicate the person you contacted at the US Environmental Protection Agency for information. a) Name/date of Contact: 09/30/08; stated that we would just get the COE 404 Permit; COE will communicate with them. b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: FEDERAL AVIATION ADMINISTRATION (FAA) Yes No 10 a) Is your project located within five miles of any public airport? ……………………………………………………… b) Will you have a waste discharge that is likely to decay within 5,000 feet of any public airport? …………………… 11. If you answered yes to the question above, indicate the person you contacted at the Federal Aviation Administration for information. a) Name/date of Contact: FEDERAL ENERGY REGULATORY COMMISSION (FERC) Yes No State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 9 of 18 12 a) Does the project include any of the following: ………………………………………………………………………… 1) a non-federal hydroelectric project on any navigable body of water 2) locating a hydro project on federal land (including transmission lines) 3) using surplus water from any federal government dam for a hydro project b) Does the project include construction and operation, or abandonment of interstate natural gas pipeline facilities under sections 7 (b) and (c) of the Natural Gas Act (NGA)? .....……………………………………………………… c) Does the project include construction and operation of natural gas or liquefied natural gas importation or exportation facilities under section 3 of the NGA? ......................................................................................................... d) Does the project include construction for physical interconnection of electric transmission facilities under section 202 (b) of the FPA? …………………………………………………………………………………………………… 13. If you answered yes to any question above, indicate the person you contacted at the appropriate Federal Energy Regulatory Commission office for information. a) Name/date of Contact: b) Is an application required for the proposed activity? ……A jurisdictional determination was requested from FERC on October 28, 2008……………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: U.S. FOREST SERVICE (USFS) Yes No 14 a) Does the proposed project involve construction on USFS land? ……………………………………………………….. b) Does the proposed project involve the crossing of USFS land with a water line? ……………………………………... c) The current list of Forest Service permits that require ACMP consistency review are online at http://alaskacoast.state.ak.us/Clawhome/handbook/pdf/11_AAC_110.pdf in Article 4, 11 AAC 110.400, pages 28-30. Does your proposed project include any of Forest Service authorizations found on pages 28-30 of the ACMP Handbook? ……………………………………………………………………………………………………………… 15. If you answered yes to any question above, indicate the person you contacted at United States Forest Service for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: U.S. FISH AND WILDLIFE SERVICE (USFWS) Yes No 16 a) Is your proposed project on land managed by the USFWS? ……………………………………………………………. b) Does your project require a Right of Way from the USFWS under 50 C.F.R. 29 and 50 C.F.R 36? .............................. 17. If you answered yes to any question above, indicate the person you contacted at the US Fish and Wildlife Service for information. a) Name/date of Contact: b) Is an application required for the proposed activity? …………………………………………………………………… c) If “YES” then submit a signed copy of the completed application to the DCOM. If “No”, explain why an application isn’t required. Explanation: OTHER FEDERAL AGENCY APPROVALS Yes No 18 a) Other Federal agencies with authorizations reviewable under the Alaska Coastal Management Program are posted online at http://alaskacoast.state.ak.us/Clawhome/handbook/pdf/11_AAC_110.pdf in Article 4, 11 AAC 110.400, pages 28-30. Does your proposed project include any of the Federal agency authorizations found on pages 28-30 of the ACMP Handbook? …………………………………………………………………………………………………... b) If yes, which federal authorizations? COE permit State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management CPQ Revised 8/15/2008 Page 10 of 18 19. Have you applied for any other federal permits or authorizations? ……………………………………………………….. Agency Approval Type Date Submitted COE permit 404 Certification or Individual Permit 11/03/08 FERC Jurisdictional Determination 10/28/08 Note: The Coastal Project Questionnaire (CPQ) identifies state and federal permits subject to a consistency review. You may need additional permits from other agencies or the affected city and borough government to proceed with your activity. Attach the documentation requested under the Project Description. ACMP Consistency Evaluation & Certification Statement Pursuant to 11 AAC 110.215 (a)(1)(c), the applicant shall submit an evaluation of how the proposed project is consistent with the statewide standards at 11 AAC 112.200 - 11 AAC 112.990 and with the applicable district enforceable policies, sufficient to support the consistency certification. Evaluate your project against each section of the state standards and applicable district enforceable policies using the template below or by submitting a narrative description in letter or report form. District enforceable policies are available on the ACMP website at http://www.alaskacoast.state.ak.us. Definitions of key terms can be found at: 11 AAC 110.990, 11 AAC 112.990 and 11 AAC 114.990. If you need more space for an adequate explanation of any of the applicable standards, please attach additional pages to the end of this document. Be sure to include references to the specific sections and subsections that you are evaluating. STATEWIDE STANDARDS 11 AAC 112.200. Coastal Development Standard: (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. (c) The placement of structures and the discharge of dredged or fill material into coastal water must, at a minimum, comply with the standards contained in 33 CFR Parts 320 - 323, revised as of July 1, 2003. Evaluation: (a) How is your project economically or physically dependent on a coastal location? Why are you proposing to place the project at the selected location? Connelly Lake offers a very good storage type of hydroelectric project and these sites are only available at certain locations based on certain criteria, such as how much elevation change there is between lake and powerhouse, fish in lake or not (in this case no fish), and how much storage can be made at the lake by installing a dam and how far is it to market for the power, which isn’t all that far considering that there is power out to the community of Lutak now, and an old road corridor exists (RS2477). This project is not on the coast or shoreline, but is in land within the coastal district of Haines. (b) Evaluation of development priority. (1) How is the proposed project water-dependent? Explain. (2) How is the proposed project water-related? Explain. (3) If the proposed project is neither water-dependent nor water-related, please explain why there is not a practicable inland alternative that meets the public need for the use or activity. Explain. This project is water dependant and related because it is a hydroelectric project that is within a coastal district and because it is near the market for power. This project will not impact coastal waters because it is well in land. (c) DCOM defers to the United States Corps of Engineers (USACE) to interpret compliance with the referenced standards. If you plan to discharge or fill waters of the US, have you applied to the Corps of Engineers for the State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management Consistency Evaluation 8/15/2008 Page 11 of 18 appropriate authorization? We are planning on applying to the COE for a permit. 11 AAC 112.210. Natural hazard areas. Standard: (a) In addition to those identified in 11 AAC 112.990, the department, or a district in a district plan, may designate other natural processes or adverse conditions that present a threat to life or property in the coastal area as natural hazards. Such designations must provide the scientific basis for designating the natural process or adverse condition as a natural hazard in the coastal area, along with supporting scientific evidence for the designation. (b) Areas likely to be affected by the occurrence of a natural hazard may be designated as natural hazard areas by a state agency or, under 11 AAC 114.250(b), by a district. (c) Development in a natural hazard area may not be found consistent unless the applicant has taken appropriate measures in the siting, design, construction, and operation of the proposed activity to protect public safety, services, and the environment from potential damage caused by known natural hazards. (d) For purposes of (c) of this section, "appropriate measures in the siting, design, construction, and operation of the proposed activity" means those measures that, in the judgment of the coordinating agency, in consultation with the department’s division of geological and geophysical surveys, the Department of Community and Economic Development as state coordinating agency for the National Flood Insurance Program under 44 C.F.R. 60.25, and other local and state agencies with expertise, (1) satisfy relevant codes and safety standards; or (2) in the absence of such codes and standards; (A) the project plans are approved by an engineer who is registered in the state and has engineering experience concerning the specific natural hazard; or (B) the level of risk presented by the design of the project is low and appropriately addressed by the project plans. Evaluation: (a) Describe the natural hazards designated in the district plan as they affect this site. (b) Describe how the proposed project is designed to accommodate the designated hazards. How will you use site design and operate the proposed activity to protect public safety, services and the environment from potential damaged caused by known natural hazards? No natural hazards are identified in the district plan that relate to this site. (d)(1) Describe the measures you will take to meet relevant codes and safety standards in the siting, design, construction and operation of the proposed activity. (d)(2)(A) If your project is located in an area without codes and safety standards, how is your project engineered for the specific natural hazard? Give the name of the appropriately qualified registered engineer who will approve the plans for protecting public safety, services, and the environment from damage caused by hazards OR (d)(2)(B) If the level of risk presented by the design of the project is low, how do the project plans and project design address the potential natural hazard? 11 AAC 112.220. Coastal access. Standard: Districts and state agencies shall ensure that projects maintain and, where appropriate, increase public access to, from, and along coastal water. Evaluation: Please explain how the proposed project will maintain and, where appropriate, increase public access to, from and along coastal water. This project will not impact coastal waters as it is approximately 16 miles in land from Lutak Inlet. 11 AAC 112.230. Energy facilities. Standard: (a) The siting and approval of major energy facilities by districts and state agencies must be based, to the extent practicable, on the following standards: State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management Consistency Evaluation 8/15/2008 Page 12 of 18 (1) site facilities so as to minimize adverse environmental and social effects while satisfying industrial requirements; (2) site facilities so as to be compatible with existing and subsequent adjacent uses and projected community needs; (3) consolidate facilities; (4) consider the concurrent use of facilities for public or economic reasons; (5) cooperate with landowners, developers, and federal agencies in the development of facilities; (6) select sites with sufficient acreage to allow for reasonable expansion of facilities; (7) site facilities where existing infrastructure, including roads, docks, and airstrips, is capable of satisfying industrial requirements; (8) select harbors and shipping routes with least exposure to reefs, shoals, drift ice, and other obstructions; (9) encourage the use of vessel traffic control and collision avoidance systems; (10) select sites where development will require minimal site clearing, dredging, and construction; (11) site facilities so as to minimize the probability, along shipping routes, of spills or other forms of contamination that would affect fishing grounds, spawning grounds, and other biologically productive or vulnerable habitats, including marine mammal rookeries and hauling out grounds and waterfowl nesting areas; (12) site facilities so that design and construction of those facilities and support infrastructures in coastal areas will allow for the free passage and movement of fish and wildlife with due consideration for historic migratory patterns; (13) site facilities so that areas of particular scenic, recreational, environmental, or cultural value, identified in district plans, will be protected; (14) site facilities in areas of least biological productivity, diversity, and vulnerability and where effluents and spills can be controlled or contained; (15) site facilities where winds and air currents disperse airborne emissions that cannot be captured before escape into the atmosphere; (16) site facilities so that associated vessel operations or activities will not result in overcrowded harbors or interfere with fishing operations and equipment. (b) The uses authorized by the issuance of state and federal leases, easements, contracts, rights-of-way, or permits for mineral and petroleum resource extraction are uses of state concern. Evaluation: (a) If this standard applies to your project, please describe in detail how the proposed project is designed to meet each applicable section of this standard: (1) Project is being sited to use an existing road corridor (RS2477) and to minimize clearing needed. One such solution is to use an aerial tramway to move materials up the slope for placing the penstock and to transport materials to the lake. Helicopters will also be used to transport materials and equipment to the lake rather than build a road. Not constructing a road up to the lake will significantly reduce the environmental impacts. (2) (3) (4) (5) (6) (7) Project will use the existing RS2477 corridor as an access route and transmission line route to limit impacts to the environment. (8) (9) (10) (11) (12) (13)This project site will use the existing RS2477 ROW so as to limit scenic and environmental impacts along the west side of Chilkoot Lake. (14) (15) (16) (b) List the authorizations for state and federal leases, easements, contracts, rights-of-way, water rights, or permits for State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management Consistency Evaluation 8/15/2008 Page 13 of 18 mineral and petroleum resource extraction you have applied for or received. 11 AAC 112.240. Utility routes and facilities. Standard: (a) Utility routes and facilities must be sited inland from beaches and shorelines unless (1) the route or facility is water-dependent or water related; or (2) no practicable inland alternative exists to meet the public need for the route or facility. (b) Utility routes and facilities along the coast must avoid, minimize, or mitigate (1) alterations in surface and ground water drainage patterns; (2) disruption in known or reasonably foreseeable wildlife transit; (3) blockage of existing or traditional access. Evaluation: (a) If the proposed utility route or facility is sited adjacent to beaches or shorelines, explain how the route or facility is water dependent water related or why no practical inland alternative exits. This project is not near beaches or shorelines. (b) If the proposed utility route or facility is sited along the coast, explain how you will avoid, minimize or mitigate: (1) alterations in surface and ground water drainage patterns; (2) disruption in known or reasonably foreseeable wildlife transit; (3) blockage of existing or traditional access. 11 AAC 112.250. Timber harvest and processing. Standard: AS 41.17 (Forest Resources and Practices Act) and the regulations adopted under that chapter with respect to the harvest and processing of timber are incorporated into the program and constitute the components of the program with respect to those purposes. Evaluation: Does your activity involve harvesting or processing of timber? Yes No X If yes, please explain how your proposed project meets the standards of the State Forest Resources and Practices Act. 11 AAC 112.260. Sand and gravel extraction. Standard: Sand and gravel may be extracted from coastal waters, intertidal areas, barrier islands, and spits if there is no practicable alternative to coastal extraction that will meet the public need for the sand or gravel. Evaluation: If your proposed project includes extracting sand or gravel from coastal waters, intertidal areas, barrier islands or spits, please explain why there is no practicable alternative to coastal extraction that meets the public need for sand or gravel. N/A 11 AAC 112.270. Subsistence. Standard: State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management Consistency Evaluation 8/15/2008 Page 14 of 18 (a) A project within a subsistence use area designated by the department or under 11 AAC 114.250(g) must avoid or minimize impacts to subsistence uses of coastal resources. (b) For a project within a subsistence use area designated under 11 AAC 114.250(g), the applicant shall submit an analysis or evaluation of reasonably foreseeable adverse impacts of the project on subsistence use as part of (1) a consistency review packet submitted under 11 AAC 110.215; and (2) a consistency evaluation under 15 C.F.R. 930.39, 15 C.F.R. 930.58, or 15 C.F.R. 930.76. (c) Repealed 10/29//2004, Register 172. (d) Except in nonsubsistence areas identified under AS 16.05.258, the department may, after consultation with the appropriate district, federally recognized Indian tribes, Native corporations, and other appropriate persons or groups, designate areas in which a subsistence use is an important use of coastal resources as demonstrated by local usage. (e) For purposes of this section, "federally recognized Indian tribe," "local usage", and "Native corporation" have the meanings given in 11 AAC 114.990. Evaluation: (a) Is your proposed project located within a subsistence use area designated by a coastal district? Yes No X If yes, please describe how the proposed project is designed to “avoid or minimize impacts to subsistence uses of coastal resources:” (b) If your project is located in a subsistence use area designated by the coastal district, provide an analysis or evaluation of its reasonably foreseeable adverse impacts to the subsistence uses. (c) No response required. (d) If your project is not located in a designated subsistence use area, please describe any subsistence uses of coastal resources within the project area. Please be advised that subsistence use areas may be designated by the department during a review. There is subsistence use of fish resouces in Chilkoot Lake and Chilkoot River below Chilkoot Lake. (e) No response required. 11 AAC 112.280. Transportation routes and facilities. Standard: 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: If your proposed project includes transportation routes or facilities, describe how it avoids, minimizes, or mitigates (1) alterations in surface and ground water drainage patterns; The transportation route will be using the existing RS2477 that will need some improvements such as new culverts, some bridges to cross streams, brushing, and tree limbing to put the old road back into serviceable condition. Culverts and bridges will be used to avoid and minimize impacts to fish species using creeks that cross through this road corridor. There should be no alterations as these actions will be to replace existing and previously existing features. (2) disruption in known or reasonably foreseeable wildlife transit; and These activities should not impact wildlife transit other than to provide the occasional motorized disturbance from a maintenance vehicle passing through to the project site. State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management Consistency Evaluation 8/15/2008 Page 15 of 18 (3) blockage of existing or traditional access. N/A 11 AAC 112.300. Habitats. Standard: (a) Habitats in the coastal area that are subject to the program are (1) offshore areas; (2) estuaries; (3) wetlands; (4) tideflats; (5) rocky islands and sea cliffs; (6) barrier islands and lagoons; (7) exposed high-energy coasts; (8) rivers, streams, and lakes and the active floodplains and riparian management areas of those rivers, streams, and lakes; and (9) important habitat. (b) The following standards apply to the management of the habitats identified in (a) of this section: (1) offshore areas must be managed to avoid, minimize, or mitigate significant adverse impacts to competing uses such as commercial, recreational, or subsistence fishing, to the extent that those uses are determined to be in competition with the proposed use; (2) estuaries must be managed to avoid, minimize, or mitigate significant adverse impacts to (A) adequate water flow and natural water circulation patterns; and (B) competing uses such as commercial, recreational, or subsistence fishing, to the extent that those uses are determined to be in competition with the proposed use; (3) wetlands must be managed to avoid, minimize, or mitigate significant adverse impacts to water flow and natural drainage patterns; (4) tideflats must be managed to avoid, minimize, or mitigate significant adverse impacts to (A) water flow and natural drainage patterns; and (B) competing uses such as commercial, recreational, or subsistence uses, to the extent that those uses are determined to be in competition with the proposed use; (5) rocky islands and sea cliffs must be managed to (A) avoid, minimize, or mitigate significant adverse impacts to habitat used by coastal species; and (B) avoid the introduction of competing or destructive species and predators; (6) barrier islands and lagoons must be managed to avoid, minimize, or mitigate significant adverse impacts (A) to flows of sediments and water; (B) from the alteration or redirection of wave energy or marine currents that would lead to the filling in of lagoons or the erosion of barrier islands; and (C) from activities that would decrease the use of barrier islands by coastal species, including polar bears and nesting birds; (7) exposed high-energy coasts must be managed to avoid, minimize, or mitigate significant adverse impacts (A) to the mix and transport of sediments; and (B) from redirection of transport processes and wave energy; (8) rivers, streams, and lakes must be managed to avoid, minimize, or mitigate significant adverse impacts to (A) natural water flow; (B) active floodplains; and (C) natural vegetation within riparian management areas; and (9) important habitat (A) designated under 11 AAC 114.250(h) must be managed for the special productivity of the habitat in accordance with district enforceable policies adopted under 11 AAC 114.270(g); or (B) identified under (c)(1)(B) or (C) of this section must be managed to avoid, minimize, or mitigate significant adverse impacts to the special productivity of the habitat. (c) For purposes of this section, (1) "important habitat" means habitats listed in (a)(1) – (8) of this section and other habitats in the coastal area that are (A) designated under 11 AAC 114.250(h); (B) identified by the department as a habitat State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management Consistency Evaluation 8/15/2008 Page 16 of 18 (i) the use of which has a direct and significant impact on coastal water; and (ii) that is shown by written scientific evidence to be biologically and significantly productive; or (C) identified as state game refuges, state game sanctuaries, state range areas, or fish and game critical habitat areas under AS 16.20; (2) "riparian management area" means the area along or around a waterbody within the following distances, measured from the outermost extent of the ordinary high water mark of the waterbody: (A) for the braided portions of a river or stream, 500 feet on either side of the waterbody; (B) for split channel portions of a river or stream, 200 feet on either side of the waterbody; (C) for single channel portions of a river or stream, 100 feet on either side of the waterbody; (D) for a lake, 100 feet of the waterbody. Evaluation: (a) List the habitats from (a) above that are within your proposed project area or that could be affected by your proposed project. Wetlands, river, stream, lake, important habitat (Chilkoot Bald Eagle Preserve), (b) Describe how the proposed project avoids, minimizes, or mitigates impacts to each of the identified habitat(s) in section (a) above. Wetlands: this project will minimize impacts to wetlands by keeping the cleared ROW corridor as narrow as possible, keep buffers between activity and wetlands when possible, and use effective erosion & sedimentation control methods to prevent same. River, Stream, and Lake: this project will minimize impacts to these features by keeping vegetation buffers between them and project activities, where possible, and using erosion & sedimentation control methods to prevent and minimize impacts to these waterbodies. Important Habitat: the site will be surveyed for bald eagle nests and the removal of trees and clearing will be kept to a minimum. In addition, construction activity will be geared to avoid important eagle breeding or rearing periods, as practical. (c) No response required. 11 AAC 112.310. Air, land and water quality Standard: Not withstanding 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. Evaluation: No response required. 11 AAC 112.320. Historic, prehistoric, and archeological resources. Standard: (a) The department will designate areas of the coastal zone that are important to the study, understanding, or illustration of national, state, or local history or prehistory, including natural processes. (b) A project within an area designated under (a) of this section shall comply with the applicable requirements of AS 41.35.010 – 41.35.240 and 11 AAC 16.010 – 11 AAC 16.900. Evaluation: (a) Have you contacted the State Historic Preservation Office (SHPO) to see if your project is in a designated area of the coastal zone that is important to the study, understanding, or illustration of national, state, or local history or prehistory, including natural processes? Not yet, but plan to consult with them. (b) If your project is within an area designated under (a) of this section, how will you comply with the applicable requirements in the statutes and regulations listed in (b)? We will consult with SHPO as to how they want to accomplish compliance. State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management Consistency Evaluation 8/15/2008 Page 17 of 18 Affected Coastal District Enforceable Policies Evaluate each applicable district enforceable policy using a format similar to the one you completed above for the State Standards. District enforceable policies are available at 6http://alaskacoast.state.ak.us/. If you need more space for an adequate explanation of any of the applicable district enforceable policies, please attach additional pages to the end of this document. Applicable District Plan(s) Haines District Plan Enforceable Policy: N/A Evaluation: Enforceable Policy: Evaluation: Enforceable Policy: Evaluation: Certification Statement The information contained herein is true and complete to the best of my knowledge. I certify that the proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management Program. _________________________________________________11/03/08__ ____________________________ Signature of Applicant or Agent Date Note: Federal agencies conducting an activity that will affect the coastal zone are required to submit a federal consistency determination, per 15 CFR 930, Subpart C, rather than this certification statement. ACMP has developed a guide to assist federal agencies with this requirement. Contact ACMP to obtain a copy. This certification statement will not be complete until all required State and federal authorization requests have been submitted to the appropriate agencies. State of Alaska, Department of Natural Resources, Division of Coastal & Ocean Management Consistency Evaluation 8/15/2008 Page 18 of 18 Project Description: Please provide or attach a brief description of your project including the planned work, any effects to coastal uses and resources and how your project is being designed to avoid, minimize and mitigate those effects. Please see the attached project description. Project Area: Please provide or attach a map of your project location and your proposed work. (Including nearest community, the name of the nearest land feature or body of water, and other legal description such as a survey or lot number.) Nearest Community: Lutak & Haines Nearest Waterbody: Connelly Lake, Chilkoot River, Chilkoot Lake, Lutak Inlet Legal Survey Description: Please see the attached maps. BLANK PAGE Glen Martin From: Ashton, William S (DEC) [william.ashton@alaska.gov] Sent: Thursday, October 30, 2008 12:47 PM To: glen.m@aptalaska.com Subject: RE: Connelly Lake Hydro Page 1 of 2 10/30/2008 Yes,  We use the COE individual permit Public Notice as our application to the 401 certificate.   From: Glen Martin [mailto:glen.m@aptalaska.com] Sent: Thursday, October 30, 2008 7:50 AM To: Ashton, William S (DEC) Subject: RE: Connelly Lake Hydro William, Does your response below mean that even if FERC is not involved you would wait for COE to include you in their permitting process? Glen From: Glen Martin [mailto:glen.m@aptalaska.com] Sent: Wednesday, October 29, 2008 2:43 PM To: 'Ashton, William S (DEC)' Subject: RE: Connelly Lake Hydro William, This is likely not going to be a FERC project, which is why we filed for a jurisdictional determination. This project doesn't fit the criteria FERC has for needing their license. We expect them to say this is a non-jurisdictional project and they would not be involved. Glen From: Ashton, William S (DEC) [mailto:william.ashton@alaska.gov] Sent: Wednesday, October 29, 2008 2:34 PM To: glen.m@aptalaska.com Subject: RE: Connelly Lake Hydro Hi,   ADEC does not issue a 401 certificate for FERC permits.  We do issue 401 certificates for Corps of Engineers 404  dredge and fill permits.  ADEC does not have any specific permit requirements for FERC projects.   William Ashton Ph 269‐6283   From: Glen Martin [mailto:glen.m@aptalaska.com] Sent: Wednesday, October 29, 2008 1:13 PM To: Ashton, William S (DEC) Subject: Connelly Lake Hydro William, We are starting the permitting for the Connelly Lake Hydro project near Haines, Alaska. We are also seeking a non-jurisdictional determination from FERC. What permit application do we need to fill out for DEC, or will you have the Corp. of Engineers handle water quality? Regards, Glen Glen D. Martin Project Manager Alaska Power & Telephone Co. P.O. Box 3222 Port Townsend, WA 98368 (360) 385-1733 x122 Page 2 of 2 10/30/2008 BLANK PAGE Glen Martin From: Palmieri, Greg J (DNR) [greg.palmieri@alaska.gov] Sent: Thursday, August 21, 2008 1:03 PM To: glen.m@aptalaska.com Subject: RE: ADL 107601: Connelly Lake Public Easement Application Page 1 of 3 10/23/2008 Glen, Reference the map I sent earlier; the property along the access RS2477 is owned by native allotee’s as well as other individuals. At the roads beginning from the south it passes through the Sam Dennis allotment (BLM # J10001) USS 974. Just north of the lake, in section 4, the road passes through the old Reeve’s homestead which was subdivided into 5 acre lots which are found on both sides of the road. In sections 34 and 35, the road passes through the Eva L. Pardee allotment (BLM # AA6542). These are the three private owners that may impact development. The RS2477 designation does not apply in the native allotments as they are settlement land returned from Federal title to individuals at which point any federal rights were relinquished. The RS2477 does apply across all remaining lands. I believe a right of way was designated for the existing road location in the subdivision of the Reeves homestead. Just a correction on the map in reference I created for you back in October. The township and range info is incorrect. I used a template map and failed to check that before I sent it to you. There are two townships and ranges covering the length of you project. Connelly Lake sits in 28s57e and the road passes through 29s58e to the south. Sorry for the error. From: Glen Martin [mailto:glen.m@aptalaska.com] Sent: Wednesday, August 20, 2008 12:25 PM To: Palmieri, Greg J (DNR) Subject: RE: ADL 107601: Connelly Lake Public Easement Application Greg, Thanks again for the map of Chilkoot Lake and the surrounding land ownership. Regarding the RS2477 route, do you know if any of the land ownership predates the creation of RS2477? From what I can understand, if RS2477 predates any land ownership, public access is guaranteed, or is that an inaccurate interpretation? Would you be able to identify for me who the land owners are you mention below and show on the map? Thanks, Glen Glen D. Martin Project Manager AP&T (360) 385-1733 x122 From: Palmieri, Greg J (DNR) [mailto:greg.palmieri@alaska.gov] Sent: Wednesday, October 24, 2007 4:12 PM To: Glen Martin Cc: Josephson, Roy M (DNR); Derr, Chiska C (DNR) Subject: RE: ADL 107601: Connelly Lake Public Easement Application Glen, Your project area is within the Haines State Forest boundary and specifically management unit 8; identified in the Haines State Forest Management plan which is available at the Division of Lands (or Forestry) office in Juneau for your review. As you are aware, the project area also includes development in the Chilkat Bald Eagle Preserve. Your permitting process should continue through the Lands office and we will review your application once the agency comment period has begun. The potentially complicated issue, as I see it, will be development access. You may have already considered this, but here are a few facts that may be of interest. z Legal road access does not currently exist due to private property holding at the junction of the Lutak Road. z The existing Chilkoot Lake Road, identified as a RS2477 route, is in poor condition requiring reconstruction in many places with several stream crossings required. z There are private property holdings adjacent to the current road location to the north of the lake between your project area and the lake head. Please see the attached map for a land status illustration. From: Glen Martin [mailto:glen.m@aptalaska.com] Sent: Wednesday, October 24, 2007 10:15 AM To: Palmieri, Greg J (DNR) Subject: RE: ADL 107601: Connelly Lake Public Easement Application Greg, Based on Chiska Derr’s e-mail below you evidently work for the Haines State Forest. It appears part of our proposed project may be within Haines State Forest land, although I don’t have a map delineating the current land ownership, which I would sure like to have. I have attached a map showing the project boundaries. This project, the Connolly Lake Hydroelectric Project is not expected to be constructed for a number of years, but it is important to get some of the permitting in place, particularly a lease of state land. I would appreciate information on what we would need to do to lease land from the Haines State Forest if indeed this project is within its boundary. Regards, Glen Glen D. Martin Project Manager AP&T (360) 385-1733 x122 From: Derr, Chiska C (DNR) [mailto:chiska.derr@alaska.gov] Sent: Tuesday, October 23, 2007 11:38 AM To: glen.m@aptalaska.com Cc: Dugaqua, Alexandria R (DNR); Anderson, James W (DNR); Palmieri, Greg J (DNR); Eberhardt, Michael W (DNR); Scott, Brady A (DNR) Subject: ADL 107601: Connelly Lake Public Easement Application Hello Glen,   I got your message asking about the status of the application you submitted in July for a hydro utility easement near Haines, Alaska.  I left a voice message yesterday, but Valerie DeLaune in our water section Page 2 of 3 10/23/2008 said that sometimes you have problems with your voice mail?    I do have your application, but before we can process it I need:   -$100.00 application fee (I apologize if you already sent it however our records indicate we did not receive it.) -Completed Coastal Project Questionaire (CPQ).  You can download a blank questionnaire at ACMP’s web site:  http://alaskacoast.state.ak.us/   Please note that I’ve assigned ADL 107601 to your casefile.  Please use this number on subsequent correspondence.  I’ve also spoken with our water section, who have assigned water permit LAS 14292 several years ago.  It would be helpful if you included that number with your CPQ as well.   Our preliminary research shows that there is a complex mixture of land ownerships and interests within your project area.  It appears you may also need to work with State Parks because of the Chilkat Bald Eagle Preserve (Mike Eberhardt) and Haines State Forest (Roy Josephson or Greg Palmieri).  I’m sending this message to them as well.   I will be leaving this position soon; this Thursday 25 October is my last day.  Please send the application fee to us, the CPQ to the ACMP office (address is on questionnaire), and your case will be prioritized among our remaining staff.  Unfortunately we are extremely short staffed, so thanks for your patience and understanding.  Please call me if I can help with something in the next few days.   Chiska Derr Land Adjudicator Alaska Dept. of Natural Resources Division of Mining, Land & Water Southeast Regional Office 400 Willoughby Ave., 4th Floor P.O. Box 111020 Juneau, Alaska 99801 phone:  907.465.3442 FAX:    907.586.2954 email:   chiska.derr@alaska.gov Page 3 of 3 10/23/2008 BLANK PAGE May 18, 2009 Kimberly D. Bose Office of Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426 Re: Connelly Lake Hydro Project Petition for Declaratory Order Dear Ms. Bose: We respectfully submit this original via the Commissions e-filing system of the following Declaration of Intent and Petition for Declaratory order that the Connelly Lake Hydro Project is not under the Federal Energy Regulatory Commission’s jurisdiction. The Applicant believes, after reviewing Section 23(b) of the Federal Power Act, that none of the criteria in Section 23(b) is met by this project. Therefore, this project should not be under the Commission’s jurisdiction. In October 2008 we applied for a jurisdictional determination from the Commission for the Connelly Lake Hydro Project. On February 11, 2009, the Commission issued a ruling finding that a license was required because some of the land for the project was still managed by BLM. Since then, BLM has conveyed the land in question to the State of Alaska. Correspondence from BLM regarding this conveyance is enclosed. The State of Alaska also has documentation of this conveyance that this land is now theirs, indicated on the enclosed Status Plat as GS 1502 TAP LAND M/N and as shown on the enclosed Alaska DNR Case Abstract: 10-13-1981 (page 12). An e-mail from the Department of Natural Resources confirming that the state now manages this land is also enclosed. Regarding navigability, a question raised during the last determination, but not ruled on at that time, the State of Alaska determined in 1981 (see 10-13-1981 on the enclosed Alaska DNR Case Abstract; page 8) that the Chilkoot River is Non-Navigable from Chilkoot Lake, meaning above Chilkoot Lake. The Connelly Lake Hydro Project is up river from Chilkoot Lake. Regarding Interstate Commerce, another question raised during the last determination, but not ruled on at that time, was in regards to fish use of the river and potential impacts of the project on those fish, supposedly then impacting Interstate Commerce. The Kimberly D. Bose, Secretary-FERC Connelly Lake Hydroelectric Project March 18, 2009 p. 2 Jurisdictional Determination Commission has previously ruled in these circumstances that potential impacts to salmonids by these small hydro projects do not impact Interstate Commerce. In addition, ADF&G conducted fish surveys in 1995 of this project, including Connelly Lake and the outlet stream down to the Chilkoot River and found no fish in either. The project will cause some minor changes in flows in the Chilkoot River due to seasonal storage in Connelly Lake, but the flows are still within the natural flow variation of the Chilkoot River. An analysis of these flow variations is also enclosed. This project can be constructed with minimal impacts to the salmonids that use the river. We respectfully request that the Commission reevaluate this project for a jurisdictional determination. We believe this project does not meet any of the guidelines for being under Commission jurisdiction. Respectfully Submitted, Glen D. Martin Project Manager (360) 385-1733 x122 (360) 385-7538 fax Enc. (as stated) Kimberly D. Bose, Secretary-FERC Connelly Lake Hydroelectric Project March 18, 2009 p. 3 Jurisdictional Determination ALASKA POWER & TELEPHONE COMPANY DECLARATION OF INTENT FOR THE CONNELLY LAKE HYDROELECTRIC PROJECT Submitted to: FEDERAL ENERGY REGULATORY COMMISSION Washington, D.C. MAY 2009 Kimberly D. Bose, Secretary-FERC Connelly Lake Hydroelectric Project March 18, 2009 p. 4 Jurisdictional Determination DECLARATION OF INTENT The location of the project: State: Alaska Town: N/A Street: N/A County: (Alaska does not have counties) Stream: Connelly Lake River Basin Name: Chilkoot River Township, Range, and Meridian: T28S, R57E, and T29S, R58E, CRM Applicant Info: Alaska Power & Telephone Company (AP&T), an Alaska Corporation 193 Otto Street, P.O. Box 3222 Port Townsend, WA 98368 (360) 385-1733 x122 (360) 385-7538 FAX glen.m@aptalaska.com Local Electric Utility Company: Alaska Power & Telephone Company (AP&T), an Alaska Corporation P.O. Box 30 Haines, AK 99827-0030 (907) 766-6500 (907) 766-6505 FAX Daniel Gonce (danny.g@aptalaska.com) Kimberly D. Bose, Secretary-FERC Connelly Lake Hydroelectric Project March 18, 2009 p. 5 Jurisdictional Determination PROJECT DESCRIPTION This document is a declaration of intent to develop a 10 MW hydropower project at Connelly Lake, which is approximately 14 miles northeast of Haines, Alaska, as shown in Figure 1. The Project is located in Sections 22, 23, 24, 25, 26, 27, 34, 35, and 36 withinT28S, R57E and Sections 4, 5, 9, 10, 14, 15, 22, 23, 25, 26 within T29S, R58E (Copper River Meridian). The Project will utilize the natural inflow to Connelly Lake. The proposed project is located on lands not owned by the United States 1 and is on a nonnavigable stream and other waterbody (lake). The project will provide hydroelectric power to an area that is becoming more reliant upon diesel generation because of load growth. The isolated area grid this project would intertie with is operated by AP&T, and the communities on this grid that would benefit are Haines, Skagway, Klukwan, Lutak, and Dyea. There would be no interconnection to an interstate power grid, as none exists. AP&T, an Alaska Corporation, further petitions the Federal Energy Regulatory Commission (FERC) for a Declaratory order that the proposed Connelly Lake Hydropower Project is not within the Commission’s jurisdiction. The Applicant has reviewed Section 23(b) of the Federal Power Act (FPA) to determine whether the project falls within the stated jurisdictional criteria and believe that none of the four stated jurisdictional criteria are met by the Connelly Lake Project. 1. PROJECT DESCRIPTlON The Connelly Lake Hydroelectric Project is located in Southeast Alaska, approximately 14 miles northeast of the City of Haines and 10 miles southwest of the City of Skagway. Connelly Lake (formerly Upper Chilkoot Lake) is 2280 feet above mean sea level, connected by an unnamed stream to the Chilkoot River. The project is on state and private land consisting of the Haines State Forest, Chilkat Bald Eagle Preserve, and some private land. A 48-foot-high dam would be constructed at the lake outlet. A 6,188- footlong penstock would transport water to the powerhouse where one or two turbines would make electricity at an installed capacity of 10,000 kW and hydraulic capacity of 45 cfs. A tailrace would discharge this water directly into the Chilkoot River. A 14-mile- long, 34.5 kV transmission line and access road would use RS 2477 which is an old logging road for access and to transport electricity to the Upper Lynn Canal (ULC) grid. Project Features The following description of project features is based on a preliminary evaluation of the site. The sizes and types of project features are subject to modification as further evaluations are made. There will be a 48-foot-high rock fill dam located at the outlet of Connelly Lake, which would raise the lake elevation from 2,280 to 2,312. The crest length would be approximately 575 feet, the crest elevation would be approximately 2,318 feet, the crest 1 Conveyed by BLM to State of Alaska in March 2009. Kimberly D. Bose, Secretary-FERC Connelly Lake Hydroelectric Project March 18, 2009 p. 6 Jurisdictional Determination feet. The dam would increase the size of the lake from 90 acres to 160 acres and provide for an active storage capacity of 4,700 acre-feet between El 2280 and El 2312. The intake would be situated on the left abutment of the dam, with the centerline at about El 2,270 feet. The intake would be a free-standing concrete structure diverting flow into a 48-inch-diameter conduit under the dam. An outlet works structure would be located at the downstream end of the conduit, which would provide a transition to the penstock and a branch to a 48-in discharge valve to provide for rapid drawdown of the reservoir. A 6,188-foot-long, 30-inch-diameter steel penstock would convey water from the intake/outlet works to the powerhouse. The powerhouse would be a prefabricated 40-foot by 60-foot metal building, located on the east bank of the Chilkoot River at approximately 170 feet in elevation. The powerhouse will be on a reinforced concrete foundation. The powerhouse will contain one or two generating units with an installed capacity of 10,000 kW. Hydraulic capacity would be approximately 45 cfs. A tailrace would be a riprap-lined excavated channel extending a short distance from the powerhouse to the Chilkoot River to conduct powerhouse discharges. Access to the powerhouse area would be via an existing road (RS2477) previously used for logging that crosses both state and private land as well as construction of approximately 0.25 miles of new road and a bridge across the river. Access to the dam and the penstock areas during construction would be by helicopter and the highline system. A 14-mile-long, 34.5 kV, underground and overhead transmission line would interconnect with Alaska Power & Telephone Company’s existing 34.5 kV transmission system at Lutak inlet. 2. JURISDICTIONAL ANALYSIS Section 23(b) of the Federal Power Act would require project licensing of the project only if: a. It is located on a “Navigable Water” of the United States: b. It occupies lands of the United States: c. It utilizes surplus water or water power from a government dam; d. There was a “post-1935 construction” at the project and the project affected the interest of interstate commerce. The petitioner’s project does not meet any of these criteria. a. Navigability Connelly Lake, an alpine lake, is not reachable via its outlet stream nor is the Chilkoot River considered navigable. The State of Alaska determined in 1981 that the “Chilkoot River is non-navigable from Chilkoot Lake” (meaning from Chilkoot Lake up the river is non-navigable). The outlet from Connelly Lake discharges into the Chilkoot River a little Kimberly D. Bose, Secretary-FERC Connelly Lake Hydroelectric Project March 18, 2009 p. 7 Jurisdictional Determination over 3 miles above Chilkoot Lake. Documentation of this “non-navigable” determination is enclosed. Above Photo: Connelly Lake outlet stream Kimberly D. Bose, Secretary-FERC Connelly Lake Hydroelectric Project March 18, 2009 p. 8 Jurisdictional Determination Connelly Lake’s outlet stream is a high gradient cascade along most of its route, as seen in the photo above. The Connelly Lake outlet stream is not considered navigable for any portion of its length and therefore Connelly Lake is not considered navigable. Approximate Location of Powerhouse b. Land Status The proposed project is located on State of Alaska land and private land. No portion of the project is on Federal land. See the enclosed land status map. BLM completed the conveyance of some portions of land within the project boundary to the State of Alaska in March 2009. Documentation of this conveyance is enclosed. c. Surplus Water from Government Dam There are no government (Federal or State) dams near or above the project, nor will the project use water from a government dam. d. Affect on Interstate Commerce The Connelly Lake Hydroelectric Project will generate and sell power to AP&T which supplies power to communities in Upper Lynn Canal, which is north of Juneau. This Kimberly D. Bose, Secretary-FERC Connelly Lake Hydroelectric Project March 18, 2009 p. 9 Jurisdictional Determination isolated grid supplies power to Skagway, Haines, and Klukwan in the upper Chilkat River Valley. The project will not be connected to any interstate power grid, because none exists. The project, not being on a navigable stream, will have no effect on shipping or interstate commerce in any form. No fish are known to use the lake or outlet stream 2 and environmental protections will protect fish in the Chilkoot River. The project is within the applicants present certificated service area. The issue was raised in the previous jurisdictional determination whether potential impacts to fish were impacts to interstate commerce, which the Commission has ruled before that these small hydro projects do not impact interstate commerce even if salmonids are involved. The Chilkoot River above Chilkoot Lake has Coho, Sockeye, and Dolly Varden. Connelly Lake and its outlet stream are above Chilkoot Lake and drain into the Chilkoot River. According to ADF&G’s habitat maps, the outlet stream from Connelly Lake is not used by any fish. ADF&G also conducted fish surveys in 1995 in Connelly Lake, the outlet stream from Connelly Lake, a stream approximately 0.25 miles south of the Connelly Lake outlet stream from the river confluence, and seven other streams along the access road north of Chilkoot Lake. The fish studies were part of a cooperative agreement between ADF&G and Haines Light and Power Company. ADF&G’s finding from this 1995 survey were: 1. Connelly Lake and its outlet stream do not appear to support fish populations; 2. The lower reaches of the stream approximately 0.25 miles south of the Connelly Lake outlet stream confluence with the river provides rearing habitat for juvenile coho and Dolly Varden; and, 3. Seven streams along the access road (north of Chilkoot Lake) support spawning and/or rearing fish. 3. CONCLUSION In AP&T’s review of the applicable jurisdictional criteria found in Section 23(b) of the Federal Power Act, there was no evidence found that the Connelly Lake Project meets any one of these criteria. AP&T therefore requests that the Federal Energy Regulatory Commission issue a Declaratory order finding that the project falls outside of the Commission’s jurisdiction and does not require a license or permit under the Federal Power Act. The facts presented herein are true to the best knowledge of the Applicant. Sincerely, 2 ADF&G surveyed the lake and outlet stream in 1995 and found no fish using either at that time. Kimberly D. Bose, Secretary-FERC Connelly Lake Hydroelectric Project March 18, 2009 p. 10 Jurisdictional Determination Project Manager Enc. (as stated) CONNELLY LAKE HYDROELECTRIC PROJECT FLOW ANALYSIS / COMPARISON FOR CHILKOOT RIVER DURING OPERATIONS CONNELLY LAKE FLOW MODIFICATION AP&T is interested in the Connelly Lake site because of its storage potential, thus providing additional winter generation. The site topography limits how much storage can be developed to about 9,000 acre-feet. That is sufficient to provide about 3,000 kW throughout the winter. The reservoir would be drawn down over the December-April period, and would refill with the high runoff flows in the early summer. Once the reservoir fills, any excess water would be spilled. This operating procedure would result in flows in the Chilkoot River that are higher than the natural flows in the winter and lower than the natural flows in the early summer. This is illustrated in the following chart; the blue bars represent the natural average monthly flows in the Chilkoot River just downstream from Connelly Lake, and the red bars represent the average monthly flow increment resulting from the Connelly Lake storage operation. For example, in January, the natural flow in the Chilkoot River is about 86 cfs, and the Connelly Lake operation would increase that flow by about 16 cfs to 102 cfs. In July, the natural flow in the Chilkoot River would be decreased by about 40 cfs from 1,970 cfs to 1,930 cfs. CONNELLY LAKE FLOW MODIFICATION AVERAGE MONTHLY FLOWS -200 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECFLOW, CFSNatural Chilkoot River Flow Below Connelly Lake Connelly Lake Flow Increment Several things are important to note about this chart: 1. Flows of the Chilkoot River are based on correlated flows of West Creek, adjusted by the drainage area ratio. Connelly Lake flows are based on correlation of 3 years of gage data. 2. The chart shows average monthly flows. Natural variations in the flow of the Chilkoot River exceed the incremental flow impact of the Connelly Lake operation. For example, in winter, the Chilkoot River flow can be as low as 10-15 cfs and as high as 800 cfs. In summer, the Chilkoot River flow can be as low as 200 cfs and as high as 5,000 cfs. 3. Low flows in the winter occur during prolonged periods of cold weather, which is also when power requirements are the highest. Thus, the Connelly Lake operation will tend to increase flows in the Chilkoot River when higher flows would be beneficial for aquatic organisms. 4. The Connelly Lake flow increment in the winter is based on a 20 cfs continuous release, equivalent to 3,000 kW. Actual releases would vary according to the electric load, and could be as high as 40-45 cfs. Operating permits from state and Federal agencies will determine the actual operating constraints. As noted above, the limited storage in Connelly Lake means that there would be a considerable amount of excess flow from the lake in the summer months. CONNELLY LAKE HYDROELECTRIC PROJECT CORRESPONDENCE Glen Martin From: Dense, Chas A (DNR) [chas.dense@alaska.gov] Sent: Wednesday, May 13, 2009 9:45 AM To: glen.m@aptalaska.com; Batac, Claire C (DNR); Ashton, William S (DEC); Roche, Frances E (DEC); Simpson, Ellen M (DFG); Timothy, Jackie L (DFG); Cameron, Sheila A (DFG); Deats, Theodore A (DNR); Dugaqua, Alexandria R (DNR); Bussard, Daniel P (DNR); Dunker, John A (DNR); Josephson, Roy M (DNR); Eberhardt, Michael W (DNR); Telford, Joel R (DNR); Allee, Erin K (DNR); DNR, Parks OHA Review Compliance (DNR sponsored); Hughes, Andrew N (DOT); Steve Ritzinger; Leeds, John C POA Cc: Bohan, Carrie D (DNR); Groom, William M (DNR); Stan Selmer Subject: RE: Conveyance of land around Connelly Lake from BLM to State of Alaska Attachments: Connelly Lake Hydro Haines TA.pdf Page 1 of 2 5/13/2009 Greetings, The federal government Tentatively Approved conveyance to the State of Alaska on March 10, 2009 to the Connelly Lake federal hydropower withdrawal. Tentative Approval gives the State of Alaska full management authority to the lands. Once survey of the land is completed, BLM will give patent of the lands to the state. Chas Dense 465-3406 From: Glen Martin [mailto:glen.m@aptalaska.com] Sent: Friday, May 08, 2009 7:52 AM To: Batac, Claire C (DNR); Ashton, William S (DEC); Roche, Frances E (DEC); Simpson, Ellen M (DFG); Timothy, Jackie L (DFG); Cameron, Sheila A (DFG); Dense, Chas A (DNR); Deats, Theodore A (DNR); Dugaqua, Alexandria R (DNR); Bussard, Daniel P (DNR); Dunker, John A (DNR); Josephson, Roy M (DNR); Eberhardt, Michael W (DNR); Telford, Joel R (DNR); Allee, Erin K (DNR); DNR, Parks OHA Review Compliance (DNR sponsored); Hughes, Andrew N (DOT); Steve Ritzinger; 'Leeds, John C POA' Cc: Bohan, Carrie D (DNR); Groom, William M (DNR); Stan Selmer Subject: Conveyance of land around Connelly Lake from BLM to State of Alaska I was informed by BLM in early April that they had vacated the land around Connelly Lake making it state land. Can we move forward at this time based on the BLM decision, or does the state still need to do something in order for there to be a consensus that it is state land and not federal? I'm not sure whom I should be asking... Thank you, Glen Glen D. Martin Project Manager Alaska Power & Telephone Company Corporate Headquarters P.O. Box 3222 Port Townsend, WA 98368 (360) 385-1733 x122 (360) 385-7538 fax CONNELLY LAKE HYDROELECTRIC PROJECT CORRESPONDENCE FROM BLM 1 Glen Martin From:Margaret_McDaniel@ak.blm.gov Sent:Thursday, April 02, 2009 2:19 PM To:Glen Martin Subject:RE: Chilkoot Lake area Yes, it is now State land. We still have to survey it, and then we will issue the patent, but it is now State land. Margaret "Glen Martin" <glen.m@aptalaska .com> To <Margaret_McDaniel@ak.blm.gov> 04/02/2009 12:33 cc PM Subject RE: Chilkoot Lake area Margaret, I sure appreciate your assistance. One more question J, does this complete BLM's activity and is there something the state now has to do, or for all intents and purposes the land is now state land? Thanks again, Glen Glen D. Martin Project Manager Alaska Power & Telephone Company Corporate Headquarters P.O. Box 3222 Port Townsend, WA 98368 (360) 385-1733 x122 (360) 385-7538 fax -----Original Message----- From: Margaret_McDaniel@ak.blm.gov [mailto:Margaret_McDaniel@ak.blm.gov] Sent: Thursday, April 02, 2009 9:58 AM To: Glen Martin Subject: RE: Chilkoot Lake area Glen - We were only conveying the lands directly around the lake with this TA. The rest of the township has previously been TA'd, including secs. 23 and 24. Margaret 2 "Glen Martin" <glen.m@aptalaska .com> To <Margaret_McDaniel@ak.blm.gov> 04/02/2009 08:38 cc AM Subject RE: Chilkoot Lake area Margaret, A question for you. Regarding conveyance of sections in T28S, R57E, Sections 23 and 24 are not included in the Tentative Approval. Are those two sections still in BLM jurisdiction, and if so, are they going to remain so? Thank you, Glen Glen D. Martin Project Manager Alaska Power & Telephone Company Corporate Headquarters P.O. Box 3222 Port Townsend, WA 98368 (360) 385-1733 x122 (360) 385-7538 fax -----Original Message----- From: Margaret_McDaniel@ak.blm.gov [mailto:Margaret_McDaniel@ak.blm.gov] Sent: Thursday, April 02, 2009 8:10 AM To: Glen Martin Subject: RE: Chilkoot Lake area Glen - The Tentative Approval for this was issued on March 10, 2009. If you would like me to send you a copy of the TA, or fax one, let me know. Margaret "Glen Martin" <glen.m@aptalaska .com> To <Margaret_McDaniel@ak.blm.gov> 04/02/2009 06:26 cc AM Subject RE: Chilkoot Lake area 3 Margaret, What can you tell me about the status of the land conveyance in the Chilkoot Lake area discussed below? Has the appeal period ended and what happens next? Thanks, Glen Glen D. Martin Project Manager Alaska Power & Telephone Company Corporate Headquarters P.O. Box 3222 Port Townsend, WA 98368 (360) 385-1733 x122 (360) 385-7538 fax -----Original Message----- From: Margaret_McDaniel@ak.blm.gov [mailto:Margaret_McDaniel@ak.blm.gov] Sent: Tuesday, February 03, 2009 8:41 AM To: Glen Martin Subject: RE: Chilkoot Lake area Glen - We issue the decision which approves the land for conveyance, which is what I just sent you. There is then a 30 day appeal period for anyone to protest the conveyance. The state hopefully does all of its study of the area in that 30 day period, and agrees to take the conveyance as is, or it may make minor changes. It might then be another couple of weeks or so before the conveyance is finalized. If someone does file a protest, there is no way of knowing how long it might take to issue the conveyance. Margaret "Glen Martin" <glen.m@aptalaska .com> To <Margaret_McDaniel@ak.blm.gov> 02/03/2009 07:19 cc AM Subject RE: Chilkoot Lake area Margaret, Thanks for the note. What exactly does this mean, is there still a process you have to go through to complete the transfer, even though conveyance has been approved? Sorry, but I really have no idea what is involved. Thanks, Glen In ReplyRefer To: A-63034 (2627) (965) mjmlvkm CERTIFIED MAIL RETURN RECEIPT REQUESTED State of Alaska Department of Natural Resources Division of Mining, Land and Water Realty Services Section 550 West Seventh Avenue, Suite 1050A Anchorage, Alaska 99501-3579 Ladies and Gentlemen: We are pleased to transmit the enclosed Tentative Approval for A-063034, GS-1502. This document confirms that all right, title, and interest of the United States in and to the described land is hereby vested in the State of Alaska. Before recording this document, please indicate to whom it should be returned in the space provided on the last page. Sincerely, Richard Thwaites Chief, Land Transfer Adjudication II Enclosure: Tentative Approval Copy furnished to: FM-(011) Lori Nelson (961). United States Department of the Interior BUREAU OF LAND MANAGEMENT Alaska State Qffice 222 West Seventh Avenue, #13 Anchorage, Alaska 995 13-7504 http:J/www.blm.gov/ak MAR 1.0 2009 TAKE PRIDE INAM ER IC.A RECEIVEDQcy7 REALTY SERVICES S5ISC2 1tc BaitS 'tatrz ui Amrrira Tentative Approval I1R 1 02009 Decision: January 29, 2009 A-063034 This Tentative Approval is issued by the UNITED STATES, Department of the Interior, Bureau of Land Management, 222 West Seventh Avenue, #13, Anchorage, Alaska, 995 13-7504, as GRANTOR, to the State of Alaska, Department of Natural Resources, Division of Mining, Land and Water, 550 West Seventh Avenue, Suite 1050A, Anchorage, Alaska, 9950 1-3579, as GRANTEE, for lands in the Haines and Skagway Recording Districts. The State of Alaska has filed General Purposes Grant selection application, A-063034, pursuant to Sec. 6(b) of the Alaska Statehood Act of July 7, 1958, Pub. L. 85-508, 72 Stat. 339, as amended. The following described hinds, which are considered proper for acquisition by the State, are hereby tentatively approved: Copper River Meridian, Alaska T. 28 S., R. 57 E., Secs. 22, 26, 27, 34, 35, and 36, those lands formerly within Power Site Classification No. 439, excluded from the tentative approval of February 4, 1981. Containing approximately 465 acres. T. 29 S., R. 58 E., Secs. 3,4,5,9, 10, 11, 13, 14, 15, 22, 23, 24, 25 and 26, those lands formerly within Power Site Classification No. 439, exciluded from the tentative approval of February 4, 1981; excluding from the lands tentatively approved herein, the following interest of record which is presently shown in the lands described below, 2 00 9 -00 34 subject to conformance to survey: Regional selection application AA-10508, Secs. 24 and 25. Containing approximately 1,567 acres. T. 29 S., R. 59 E., Secs. 19 and 30, those lands formerly within Power Site Classification No. 439, excluded from the tentative approval of February 4, 1981. Containing approximately 17 acres. Aggregating approximately 2,049 acres. EXCEPTING AND RESERVING TO THE UNITED STATES: A right-of-way thereon, for ditches or canals constructed by the authority of the United States. Act of August 30, 1890. 43 U.S.C. 945. As to Secs. 22, 26, 27, 34, 35, and 36, T. 28 5., R. 57 E., and Secs. 4, 5, 9, 10, 14, 15, 22, 23, 25, and 26, T. 29 S., R. 58 E., Copper River Meridian, Power Project 11715, AA-8 1880, the right to itself, its permittees or licensees, to enter upon, occupy, and use any part or all of said lands necessary, in the judgment of the Federal Energy Regulatory Commission, for the purposes of Part 1 of the Federal Power Act of Tune 10, 1920, as amended, 16 U.S.C. 818; and no claim or right to compensation shall accrue from the occupation or use of any of said lands hereunder may enter thereupon for the purposes of Part 1 of the Federal Power Act upon payment of any damages to crops, buildings, or other improvements caused thereby to the owner thereof, or upon giving a good and sufficient bond to the United States for the use and benefit of the owner to secure the payment of such damages as may be determined and fixed in an action brought upon the bond in a court of competent jurisdiction, said bond to be in the form prescribed by the Federal Energy Regulatory Commission; and for the following purposes, if any, and under the following additional restrictions, if any, contained in the Federal Energy Regulatory Commission's determination. TANo.2 0 0 9 -0 0 3 4 Page2of3 This document confirms that all right, title, and interest of the United States in and to the lands described above is deemed to have vested in the State of Alaska pursuant to Sec. 906(c)(4) of the Alaska National Interest Lands Conservation Act of December 2, 1980. 43 U.S.C. 1635(c)(4). By Richard Thwaites Chief, Land Transfer Adjudication II Return Recorded Document To: 2009-0034 Page 3 of 3 CONNELLY LAKE HYDROELECTRIC PROJECT ALASKA DNR CASE ABSTRACT Alaska Department of Natural Resources Land Administration System Case Abstract File Type: GS File Number: 1502 See Township, Range, Section and Acreage? Yes 05/18/2009 Customer: 000124431 DNR DMLW REALTY SERVICES SELECTION LANDS 550 W 7TH AVE ANCHORAGE AK 99501 Case Type: 101 GENERAL GRANT DNR Unit: 100 TITLE ADMINISTRATION File Location: DTSLTR DTS LAND TITLE RCRDS Case Status: 50 ACTIVE Status Date: 08/10/1965 Total Acres: 0.000 Date Initiated: 08/10/1965 Office of Primary Responsibility: LTI LAND-TITLE Last Transaction Date: 03/10/2009 Last Transaction: CHNGTEXT CHANGE LEGAL TEXT Meridian: C Township: 028S Range: 057E Section: 01 Section Acres: 456 456 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 02 Section Acres: 456 456 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 03 Section Acres: 456 456 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 04 Section Acres: 456 451 TA-LAND/MINERAL 5 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 05 Section Acres: 456 426 TA-LAND/MINERAL 30 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 06 Section Acres: 458 443 TA-LAND/MINERAL 15 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 07 Section Acres: 643 643 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 08 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 09 Section Acres: 640 610 TA-LAND/MINERAL 20 MEANDERABLE WATER 10 ACREAGE CREDIT Meridian: C Township: 028S Range: 057E Section: 10 Section Acres: 640 625 TA-LAND/MINERAL 15 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 11 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 12 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 13 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 14 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 15 Section Acres: 640 http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (1 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System 610 TA-LAND/MINERAL 30 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 16 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 17 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 18 Section Acres: 645 645 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 19 Section Acres: 646 646 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 20 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 21 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 22 Section Acres: 640 450 TA-LAND/MINERAL 30 MEANDERABLE WATER 160 REJECTED Meridian: C Township: 028S Range: 057E Section: 23 Section Acres: 640 570 TA-LAND/MINERAL 70 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 24 Section Acres: 640 620 TA-LAND/MINERAL 20 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 25 Section Acres: 640 635 TA-LAND/MINERAL 5 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 26 Section Acres: 640 635 TA-LAND/MINERAL 5 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 27 Section Acres: 640 595 TA-LAND/MINERAL 45 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 28 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 29 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 30 Section Acres: 648 648 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 31 Section Acres: 650 650 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 32 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 33 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 057E Section: 34 Section Acres: 640 470 TA-LAND/MINERAL 10 MEANDERABLE WATER 160 REJECTED Meridian: C Township: 028S Range: 057E Section: 35 Section Acres: 640 590 TA-LAND/MINERAL 50 MEANDERABLE WATER Meridian: C Township: 028S Range: 057E Section: 36 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 01 Section Acres: 456 http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (2 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System 456 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 02 Section Acres: 456 456 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 03 Section Acres: 456 456 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 04 Section Acres: 456 401 TA-LAND/MINERAL 55 MEANDERABLE WATER Meridian: C Township: 028S Range: 058E Section: 05 Section Acres: 456 456 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 06 Section Acres: 450 450 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 07 Section Acres: 632 632 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 08 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 09 Section Acres: 640 630 TA-LAND/MINERAL 10 MEANDERABLE WATER Meridian: C Township: 028S Range: 058E Section: 10 Section Acres: 640 605 TA-LAND/MINERAL 35 MEANDERABLE WATER Meridian: C Township: 028S Range: 058E Section: 11 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 12 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 13 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 14 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 15 Section Acres: 640 590 TA-LAND/MINERAL 50 MEANDERABLE WATER Meridian: C Township: 028S Range: 058E Section: 16 Section Acres: 635 635 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 17 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 18 Section Acres: 634 634 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 19 Section Acres: 635 635 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 20 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 21 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 22 Section Acres: 640 610 TA-LAND/MINERAL 30 MEANDERABLE WATER Meridian: C Township: 028S Range: 058E Section: 23 Section Acres: 640 620 TA-LAND/MINERAL 20 MEANDERABLE WATER Meridian: C Township: 028S Range: 058E Section: 24 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 25 Section Acres: 640 640 TA-LAND/MINERAL http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (3 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System Meridian: C Township: 028S Range: 058E Section: 26 Section Acres: 640 600 TA-LAND/MINERAL 40 MEANDERABLE WATER Meridian: C Township: 028S Range: 058E Section: 27 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 28 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 29 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 30 Section Acres: 637 637 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 31 Section Acres: 639 639 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 32 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 33 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 34 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 028S Range: 058E Section: 35 Section Acres: 640 610 TA-LAND/MINERAL 30 MEANDERABLE WATER Meridian: C Township: 028S Range: 058E Section: 36 Section Acres: 640 630 TA-LAND/MINERAL 10 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 01 Section Acres: 638 638 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 02 Section Acres: 638 638 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 03 Section Acres: 638 598 TA-LAND/MINERAL 40 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 04 Section Acres: 638 588 TA-LAND/MINERAL 40 MEANDERABLE WATER 10 RELINQUISHED Meridian: C Township: 029S Range: 058E Section: 05 Section Acres: 638 638 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 06 Section Acres: 600 600 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 07 Section Acres: 604 604 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 08 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 09 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 10 Section Acres: 640 430 TA-LAND/MINERAL 210 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 11 Section Acres: 640 500 TA-LAND/MINERAL 140 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 12 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 13 Section Acres: 640 http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (4 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System 625 TA-LAND/MINERAL 15 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 14 Section Acres: 640 100 TA-LAND/MINERAL 540 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 15 Section Acres: 640 530 TA-LAND/MINERAL 110 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 16 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 17 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 18 Section Acres: 605 605 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 19 Section Acres: 607 607 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 20 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 21 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 22 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 23 Section Acres: 640 270 TA-LAND/MINERAL 370 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 24 Section Acres: 640 320 TA-LAND/MINERAL 320 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 25 Section Acres: 640 482 TA-LAND/MINERAL 135 MEANDERABLE WATER 20 REJECTED 3 RELINQUISHED Meridian: C Township: 029S Range: 058E Section: 26 Section Acres: 640 605 TA-LAND/MINERAL 35 MEANDERABLE WATER Meridian: C Township: 029S Range: 058E Section: 27 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 28 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 29 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 30 Section Acres: 609 609 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 31 Section Acres: 481 481 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 32 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 33 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 34 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 35 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 058E Section: 36 Section Acres: 570 http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (5 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System 570 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 01 Section Acres: 638 638 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 02 Section Acres: 638 638 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 03 Section Acres: 638 638 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 04 Section Acres: 638 638 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 05 Section Acres: 638 638 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 06 Section Acres: 595 595 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 07 Section Acres: 598 598 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 08 Section Acres: 639 639 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 09 Section Acres: 640 570 TA-LAND/MINERAL 35 MEANDERABLE WATER 35 REJECTED Meridian: C Township: 029S Range: 059E Section: 10 Section Acres: 640 585 TA-LAND/MINERAL 20 MEANDERABLE WATER 35 REJECTED Meridian: C Township: 029S Range: 059E Section: 11 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 12 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 13 Section Acres: 615 615 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 14 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 15 Section Acres: 640 500 TA-LAND/MINERAL 55 MEANDERABLE WATER 85 REJECTED Meridian: C Township: 029S Range: 059E Section: 16 Section Acres: 640 635 TA-LAND/MINERAL 5 REJECTED Meridian: C Township: 029S Range: 059E Section: 17 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 18 Section Acres: 600 600 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 19 Section Acres: 602 602 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 20 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 21 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 22 Section Acres: 640 585 TA-LAND/MINERAL 55 MEANDERABLE WATER Meridian: C Township: 029S Range: 059E Section: 23 Section Acres: 640 625 TA-LAND/MINERAL http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (6 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System 15 MEANDERABLE WATER Meridian: C Township: 029S Range: 059E Section: 24 Section Acres: 500 500 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 25 Section Acres: 470 470 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 26 Section Acres: 525 500 TA-LAND/MINERAL 25 MEANDERABLE WATER Meridian: C Township: 029S Range: 059E Section: 27 Section Acres: 615 615 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 28 Section Acres: 640 640 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 29 Section Acres: 630 630 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 30 Section Acres: 405 245 TA-LAND/MINERAL 160 REJECTED Meridian: C Township: 029S Range: 059E Section: 31 Section Acres: 20 20 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 32 Section Acres: 210 210 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 33 Section Acres: 620 620 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 34 Section Acres: 625 625 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 35 Section Acres: 280 280 TA-LAND/MINERAL Meridian: C Township: 029S Range: 059E Section: 36 Section Acres: 385 385 TA-LAND/MINERAL Case Actions 08-10-1965 APPLICATION SUBMITTED 08-10-1965 ADDLAND TO CASE BY CONVERSION THIS LAND IS Y PART OF ORIG CASE 08-10-1965 ADDLAND TO CASE BY CONVERSION THIS LAND IS Y PART OF ORIG CASE 08-10-1965 ADDLAND TO CASE BY CONVERSION THIS LAND IS Y PART OF ORIG CASE 09-08-1965 AMEND APLN SUBMITTED 10-20-1965 PUBLICATION DIRECTED 12-27-1965 PROOF OF PUBLICATION 06-16-1972 AMEND APLN SUBMITTED 01-02-1979 AMEND APLN SUBMITTED 02-01-1979 AMEND APLN SUBMITTED 10-23-1979 AMEND APLN SUBMITTED 06-04-1980 NAVAGABILITY DETERM RECEIVED 12-02-1980 ANILCA SELECTIONS ANILCA SECTION: 906(D) ANILCA SEC. 906(D) LAND INVOLVED (MTR): C028S057E LAND INVOLVED (MTR): C028S058E http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (7 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System LAND INVOLVED (MTR): C029S058E LAND INVOLVED (MTR): C029S059E SELECTION INCLUDES LANDS AFFECTED BY ANILCA, 'PRIOR STATE OF ALASKA SELECTIONS TO BE CONVEYED BY CONGRESS, DATED 7/24/78'. SEE ANILCA 02-04-1981 SUSPENDED IN PART 02-04-1981 TENT APPROVAL ISSUED 03-11-1981 TENT APP MODIFIED 08-17-1981 TOP FILED UNDER ANILCA 10-13-1981 DECISION MODIFIED MOD DEC DATE 02-04-1981 DECISION OF FEB. 4, 1981 AS CORRECTED MAR. 11, 1981 MODIFIED FOR NAVIGABLE WATERS. CHILKOOT RIVER IS NON-NAVIGABLE FROM CHILKOOT LAKE. 04-07-1983 CONVERTED FROM BLM LAND SYSTEM - UNVERIFIED FOR FURTHER INFORMATION SUBMIT TPF REQUEST FOR TITLE REPORT 04-07-1983 BLM NUMBER FOR CASE BLM NO BLMA 063034 02-07-1984 REJECTED IN PART NUMBER ACRES REJECTED 160 03-29-1984 REJECTED IN PART NUMBER ACRES REJECTED 160 01-08-1985 REJECTED IN PART NUMBER ACRES REJECTED 160 REJECTED IN PART 01-08-85 AS TO NATIVE ALLOTMENT A-061299, SEC. 30, T. 29S.,R. 59E., CRM., AND ALL MINERALS. 01-30-1985 DECISION VACATED DATE OF DEC VACD 01-08-1985 DECISION OF 01-08-85, STATE SELECTION REJECTED IN PART, IS VACATED DUE TO ERROR IN DECISION. 02-21-1985 REJECTED IN PART NUMBER ACRES REJECTED 160 REJECTED IN PART AS TO NATIVE ALLOTMENT A-061299, SEC. 25, T. 29S.,R. 58E., CRM. AND SEC. 30, T. 29S.,R. 59W., CRM. 03-27-1986 RECONVEYANCE ACREAGE CREDITED RELATED ADL NUMBER: 104381 QCD NUMBER: 835 TA'D ACRES CREDITED: 10 T. 29S., R. 58E., CRM, SEC. 9, PORTION OF USS 7314, HOMESTEAD A-062807. 04-08-1986 RELINQUISHED IN PART # ACRES RELINQUISHED 45 T. 29S., R. 58E., CRM, USS 7314. 08-02-1986 CASEFILE CUSTOMER DOCUMENTED CUSTOMER NUMBER 000124431 DIV LAND & WATER MGM UNIT CODE 100 TITLE ADMINISTRATION RELATIONSHIP CODE 10 OWNER http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (8 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System THIS TRANSACTION WAS GENERATED BY THE CONVERSION TO THE NEW CUSTOMER SYSTEM TO DOCUMENT THE UNIT AND RELATIONSHIP CODES 10-01-1986 RELINQUISHED IN PART # ACRES RELINQUISHED 98 T. 28S., R. 57E., CRM, SECS. 27 & 34. 08-10-1987 RELINQUISHED IN PART # ACRES RELINQUISHED 2.500000 T. 29S., R. 58E., CRM, SEC. 25. 08-25-1987 HELD FOR REJECTION IN PART T. 28S., R. 57E., CRM, USS 8504, SEC. 34 AND USS 9131, SECS. 34 AND 35, NATIVE ALLOTMENT AA-6542. 10-27-1987 REJECTED IN PART NUMBER ACRES REJECTED 159.960000 T. 28S., R. 57E., CRM, SECS. 34 AND 35, USS 8504 AND USS 9131. 11-17-1992 LAND WITHIN SECTION (S) CHANGED . 11-17-1992 LAND STATUS CODES QC'D AUDIT 12-20-1993 TOP FILED UNDER ANILCA T.28S., R.57E.,C.R.M. T.28S., R.58E.,C.R.M. T.29S., R.58E.,C.R.M. T.29S., R.59E.,C.R.M. 03-22-1995 ADMINISTRATIVE DECISION ISSUED T. 28S., R. 57E., CRM; T. 29S., R. 58 & 59E., CRM; STATE'S FILING OF NO EFFECT TO LANDS WITHIN PSC 439; 906(E) TOPFILING IN EFFECT. 02-22-1996 CONFORMANCE REQUESTED TYPE OF APPLICNT NA NATIVE ALLOTMENT BLM NUMBER AA-6600 EXCLUSION WAS IN SEC. 15 AND MOVED TO SECTIONS 9, 10, 15 AND 16, T.29S., R.59E., C.R.M. 06-25-1996 CONFORMANCE CONCURRENCE AGREED TYPE OF APPLICNT NA NATIVE ALLOTMENT BLM NUMBER AA-6600 SECTIONS 9, 10, 15, AND 16, T.29S., R.59E., C.R.M. 06-27-1996 REJECTED IN PART NUMBER ACRES REJECTED 159.970000 T. 29S., R. 59E., CRM, SECS. 9, 10, 15, 16, USS 11303, NATIVE ALLOTMENT AA-6600. 01-29-2009 ADMINISTRATIVE DECISION ISSUED T. 28-29 S., R. 57-59 E., C.R.M., LANDS WITHIN PSC 439 ADDL LANDS FOUND PROPER FOR SELECTION. APPROVED FOR FUTURE CONVEYANCE. 03-10-2009 TENTATIVE APPROVAL ISSUED NUMBER ACRES APPROVED 2189 T. 28-29 S., R. 57-59 E., C.R.M., FOR LANDS FORMERLY WITHIN PSC 439 TA #2009-0034 http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (9 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System Legal Description 02/04/1981 Tentative Approval given for the following described lands: Copper River Meridian, Alaska SURVEYED LAND T. 29 S., R. 58 E., Sec.31, Lot 1 Containing 21.40 acres UNSURVEYED LAND T. 28 S., R. 57 E., Excluding Power Site Classification 439; Secs. 1 to 21, all; Sec. 22, all, excluding homestead application A-063019; Secs. 23 to 33, all; Sec. 34, all, excluding Native Allotment application AA-6542; Secs. 35 and 36, all. Containing approximately 19,376 acres. T. 28 S., R. 58 E., all. Containing approximately 21,909 acres. T. 29 S., 58 E., Excluding Power Site Classification 439; Secs. 1 to 3, all; Sec. 4, all, excluding homestead application A-062807; Sec. 5 to 24, all; Secs. 25, all, excluding Native Allotment application AA-7065, Regional Selection application AA-10508, and Patented US Surveys Nos. 3707, 3748, and 4514; Secs. 26 to 30, all; Sec. 31, Lot 1, E1/2, NW1/4, all, excluding Native Allotment application A-061035; Secs. 32 to 35, all; Secs. 36, all, excluding Patented US Surveys Nos. 974 and 3707. Containing approximately 18,774 acres. T. 29 S., R. 59 E., Secs. 1 to 14, all; Sec. 15, all, excluding Native Allotment applications AA-6599 and AA-6600; Secs. 16 to 18, all; Sec. 19, all, excluding PSC 439; Secs. 20 to 25, all; Sec. 26, all, excluding Patented US Survey Nos. 967, 968, 969, and 976; Sec. 27, all, excluding US Survey Nos. 968 and 969; Secs. 28 and 29, all; Sec. 30, all, excluding Native Allotment application A-061299, Regional Selection application AA-10512, PSC 439, and Patented surveys; Sec. 31, W1/2SW1/4SW1/4; Secs. 32 and 33, all; Sec. 34, all, excluding US Survey No. 969; Sec. 35, all, excluding US Survey Nos. 969 and 976; Sec. 36, all. Containing approximately 19,993 acres. http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (10 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System aggregating approximately 80,073 acres of unsurveyed lands and 21.40 acres of surveyed lands. Standard reservations. * 03/11/1981 Tentative Approval Decision of February 4, 1981 corrected for the following: 1) The acreage should read "aggregating approximately 80,052 acres of unsurveyed lands and 21.40 acres of surveyed lands" a total of 80,073.40 acres. 2) Within the unsurveyed land description for Sec. 25, T. 29 S., R. 58 E., Copper River Meridian, correct Native Allotment application serial No. from AA-7065 to AA-7605. In the same township, delete Lot 1 in Sec. 31, however, the acreage for the unsurveyed portion of the township remains 18,774 acres. Lot 1, Sec. 31 is described under the surveyed lands. There are no other changes or modification in the decision of February 4, 1981. * STATE SELECTION REJECTED IN PART 2-7-84 TO LANDS AND MINERALS WITHIN HOMESTEAD SETTLEMENT A-062807 USS 7314 LOCATED IN T. 29S.,R. 58E., CRM., SEC. 4. STATE SELECTION REJECTED IN PART 3-29-84 AS TO LAND AND ALL MINERALS IN HOMESTEAD SETTLEMENT A-063019 IN SEC. 22, T. 28S.,R. 57E.,CRM. STATE SELECTION REJECTED IN PART 02-21-85 AS TO LAND AND ALL MINERALS IN NATIVE ALLOTMENT A-061299, LOCATED IN SEC. 25, T. 29S.,R. 58E., CRM. AND SEC. 30, T. 29S.,R. 59E., CRM, TOTALING 160 ACRES. * 4-8-86 STATE SELECTION RELINQUISHED IN PART FOR: T. 29S., R. 58E., CRM USS 7314 * 10-1-86 STATE SELECTION RELINQUISHED IN PART FOR: T. 28S., R. 57E., C.R.M. SECS. 27 & 34: THAT PORTION OF NATIVE ALLOTMENT APPLICATION AA-6542 NOT PREVIOUSLY CONVEYED BY TENTATIVE APPROVAL DATED FEBRUARY 4, 1981. * 8-10-87 STATE SELECTION RELINQUISHED IN PART FOR: T.29S., R. 58E., CRM SEC. 25: BEGINNING ON THE WEST SIDE OF THE CHILKOOT LAKE ROAD AT A LARGE SPRUCE TREE WHICH IS LOCATED APPROXIMATELY 680 FEET SOUTHERLY ALONG THE ROAD FROM THE WEST END OF THE ALASKA DEPARTMENT OF FISH AND GAME FISH WEIR, THENCE APPROXIMATELY NORTH 50 DEGREES WEST THE FOLLOWING SLOPE DISTANCES: 80 FEET AT 72 DEGREES UPSLOPE; 200 FEET AT 46 DEGREES UPSLOPE, 103 FEET AT 53 DEGREES UPSLOPE, AND 83 FEET AT 12 DEGREES UPSLOPE TO THE TRUE POINT OF BEGINNING, HEREAFTER REFERRED TO AS CORNER NUMBER 1, THIS BEING A 24-INCH HEMLOCK TREE WITH LARGE BOULDERS NEAR ITS BASE. THENCE NORTH 50 DEGREES WEST, 330 FEET TO CORNER NUMBER 2, THENCE NORTH 40 DEGREES EAST, 330 FEET TO CORNER NUMBER 3, THENCE SOUTH 50 DEGREES EAST, 330 FEET TO CORNER NUMBER 4, THENCE SOUTH 40 DEGREES WEST, 330 FEET TO CORNER NUMBER 1, THE TRUE POINT OF BEGINNING. * http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (11 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System 10-27-87 STATE SELECTION REJECTED IN PART AS TO LAND AND MINERALS WITHIN NATIVE ALLOTMENT AA-6542, DESCRIBED AS USS 8504, SEC. 34 AND USS 9131, SECS. 34 AND 35, T. 28S., R. 57E., CRM, CONTAINING 159.96 ACRES. * 02-22-96 CONFORMANCE REQUESTED; SURVEY CONFORMANCE REDESCRIBES EXCLUSION OF NATIVE ALLOTMENT AA-6600 IN 02-04-81 TENTATIVE APPROVAL AS USS 11303, IN SECTIONS 9, 10, 15 AND 16, T.29S., R.59E., C.R.M. * 06-25-96 CONFORMANCE CONCURRENCE AGREED FOR NATIVE ALLOTMENT AA-6600 AS DESCRIBED IN CONFORMANCE REQUEST OF 02-22-96. * 06-27-96 STATE SELECTION REJECTED IN PART AS TO LAND AND MINERALS IN NATIVE ALLOTMENT AA-6600 DESCRIBED AS USS 1103 LOCATED IN T. 29S., R. 59E., CRM, SECS. 9, 10, 15, 16, CONTAINING 159.97 ACRES. * 3-27-86 QCD 835 ACCEPTED 3-31-86 BY THE BUREAU OF LAND MANAGEMENT FOR RECONVEYANCE OF A PORTION OF USS 7314, LOCATED IN SEC. 9, T. 29S., R. 58E., CRM, CONTAINING 10 ACRES. * 03/10/2009 Tentative Approval 2009-0034 issued for the following described lands. Copper River Meridian, Alaska T. 28 S., R. 57 E., Secs. 22, 26, 27, 34, 35, and 36, those lands formerly within Power Site Classification No. 439, excuded from the Tentative Approval of February 4, 1981. Containing approximately 465 acres. T. 29 S., R. 58 E., Secs. 3, 4, 5, 9, 10, 11, 13, 14, 15, 22, 23, 24, 25, and 26, those lands formerly within Power Site Classification No. 439, excluded from the Tentative Approval of February 4, 1981; excluding form the lands Tentatively Approved herein, the following interest of record which is presently shown in the lands described below, subject to conformance to survey: Regional Selection application AA-10508, Secs. 24 and 25. Containing approximately 1,707 acres. T. 29 S., R. 59 E., Secs. 19 and 30, those lands formerly within Power Site Classification No. 439, excluded from the Tentative Approval of February 4, 1981. Containing approximately 17 acres. Aggregating approximately 2,189 acres. EXCEPTING AND RESERVING TO THE UNITED STATES: 1. A Right-of-Way thereon, for ditches and canals constructed by the authority of the United States. Act of August 30, 1890, 43 U.S.C. 945. 2. As to Secs. 22, 26, 27, 34, 35, and 36, T. 28 S., T. 57 E., and Secs. 4, 5, 9, 10, 14, 15, 22, 23, 25, and 26, T. 29 S., R.58 E., http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (12 of 13)5/18/2009 8:09:27 AM Alaska Department of Natural Resources Land Administration System Copper River Meridian, Power Project 11715, AA-81880, the right to itself, its permittees or licensees, to enter upon, occupy, and use any part or all of said lands necessary, in the judgement of the Federal Energy Regulatory Commission, for the purposes of Part 1 of the Federal Power Act of June 10, 1920, as amended, 16 U.S.C. 818; and no claim or right to compensation shall accrue from the occupation or use of any of said lands hereunder may enter thereupon for the purposes of Part 1 of the Federal Power Act upon payment of any damages to crops, buildings, or other improvements caused thereby to the owner thereof, or upon giving a good and sufficent bond to the United States for the use and benefit of the owner to secure the payment of such damages as may be determined and fixed in an action brought upon the bond in court of competent jurisdiction, said bond to be in the form prescribed by the Federal Energy regulatory Commission; and for the following purposes, if any, and under the following addtional restrictions, if any contained in the Federal Regulatory Commission's determination. * End of Case Abstract http://dnr.alaska.gov/projects/las/Case_Abstract_print.cfm?FileType=GS&FileNumber=1502&LandFlag=y (13 of 13)5/18/2009 8:09:27 AM CONNELLY LAKE HYDROELECTRIC PROJECT 1995 – ADF&G FISH SURVEY REPORT DNR LAND USE PERMIT APPLICATION DNR EASEMENT APPLICATION 102-112 (Rev. 10/01) 1 STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND AND WATER Northern Region 3700 Airport Way Fairbanks, AK 99709 (907) 451-2740 Southcentral Region 550 W 7th Ave., Suite 900C Anchorage, AK 99501-3577 (907) 269-8552 Southeast Region 400 Willoughby, #400 Juneau, AK 99801 (907) 465-3400 APPLICATION FOR EASEMENT AS 38.05.850 Non-refundable application fee: $100* ADL # (to be filled in by state) Applicant’s Name Doing business as: Mailing Address E-Mail: City/State/Zip Message Phone ( ) Work Phone ( ) Soc. Sec. # and/or Tax ID # Is applicant a nonprofit cooperative association? [ ] yes [ ] no. If yes, are you applying for an exemption under AS 38.05.850(b)? [ ] yes [ ] no. If yes, please submit proof of nonprofit status (e.g. by-laws, articles of incorporation, tax statement). Location of activity/Legal Description: Municipality , Meridian Township , Range , Section , 1/4, 1/4 Township , Range , Section , 1/4, 1/4 (attach extra sheets as needed) Total length of applied-for easement (feet): Total width of applied-for easement (feet): Acres encompassed by easement: (43,560 square feet = 1 acre) Specific purpose of easement (e.g. electric utility, fiber-optic conduit or cable, telecommunications tower, road, bridge, airstrip/airport, driveway, trail, drainage), and type of anticipated traffic (e.g. plane, truck, heavy equipment): Explain Are you applying for the Division of Mining, Land and Water to reserve a Public Easement? Yes No . Are you applying to be granted a Private Easement? Yes No . (Note: Annual rental fee required for private easement) *See 11 AAC 05.010 regarding fees for federal, state, and local government agencies Date Stamp: ADF&G FISH HABITAT PERMIT APPLICATION FH#______________ (Office Use Only) ALASKA DEPARTMENT OF FISH AND GAME FISH HABITAT PERMIT APPLICATION SPECIFIC INSTRUCTIONS NOTE: Provide as much information as possible. If you need assistance, please contact the nearest ADF&G Division of Habitat office. The ADF&G reserves the right to require additional information for the proper protection of fish and game. Step A: Provide your name, address, and telephone number and the name, address, and telephone number of the contractor who will be doing the work, if known. Step B: Describe the type of project (e.g., bridge, culvert, utility line placement, impoundment structure, bank stabilization, channelization, low water crossing, log removal, etc.) and the purpose of the project. A brief description of alternatives considered would be useful but is not required. Attach additional sheets as necessary. Back to Form Step C: 1. Name of the waterbody in or adjacent to which the project will occur. 2. For Anadromous Stream numbers, refer to the Atlas to the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes. 3. a. Provide plans (or field sketch) showing the following as a minimum: access to the site, plan view showing all project features and dimensions, or crossing/fording sites; material removal plans should also include, at a minimum, the following: 50' contour lines; nearby watercourses and lakes; location of facilities (i.e., screening, washing, and crushing plants, and commercial and private buildings); aliquot parts identified in order they are to be mined; site where fuel will be stored; a cross section view of the material site showing current land and water elevations and bank slopes and final excavation grades and slopes; and project expansion sites (scale no greater than 1 in. = 400 ft.) b. Provide specifications, if available; and c. Provide a current aerial photograph, if available. Back to Form Step D: Indicate the time of year when project construction will occur. Is the project temporary or permanent? Step E: 1. Provide information if applicable on how you will divert the stream. 2. Indicate if channelization will occur. 3. Provide information, if applicable, on how you will alter or modify the banks of the stream. 4. List all vehicles or equipment by type and size that will be used in the stream. 5. Provide information, if applicable, on what type and amount of material will be removed from the floodplain, bed, stream, or lake. 6. Provide information, if applicable, on any material you will deposit in the floodplain, stream, or lake. July 2008 July 2008 -2- 7. Provide information, if applicable, on any blasting you intend to do in the floodplain, stream, or lake. 8. Indicate if temporary fills will be required. 9. Indicate if ice bridges will be required. Step F: What precautions will be taken to insure that fish and other aquatic organisms are protected from adverse impacts? Outline plan for restoring, rehabilitating, or re- vegetating the site if channel or bank alterations occur. What precautions will be taken to maintain State Water Quality Standards? Back to Form Step G: Provide the waterbody characteristics at the site of the project. Step H: Provide available hydraulic information for the types of projects indicated. For information on selecting a culvert size that will ensure fish passage, consult ADF&G permitters or references available at Division of Habitat offices. FH#______________ (Office Use Only) GENERAL WATERWAY/WATERBODY APPLICATION ALASKA DEPARTMENT OF FISH AND GAME Division of Habitat Office Locations A. APPLICANT 1. Name: 2. Address (Mailing): Email Address: Telephone: Fax: 3. Project Coordinator/Contractor: Name: Address: Email Address: Telephone: Fax: B. TYPE AND PURPOSE OF PROJECT: C. LOCATION OF PROJECT SITE 1. Name of River, Stream, or Lake: or Anadromous Stream No: 2. Legal Description: Township Range Meridian Section USGS Quad Map 3. Plans, Specifications, and Aerial Photograph. See specific instructions July 2008 -3- July 2008 -4- D. TIME FRAME FOR PROJECT: TO (mm/dd/yy) E. CONSTRUCTION METHODS: 1. Will the stream be diverted? Yes No How will the stream be diverted? How long? 2. Will stream channelization occur? Yes No 3. Will the banks of the stream be altered or modified? Yes No Describe: 4. List all tracked or wheeled equipment (type and size) that will be used in the stream (in the water, on ice, or in the floodplain): How long will equipment be in the stream? 5. a. Will material be removed from the floodplain, bed, stream, or lake? Yes No Type: Amount: b. Will material be removed from below the water table? Yes No If so, to what depth? Is a pumping operation planned? Yes No 6. Will material (including spoils, debris, or overburden) be deposited in the floodplain, stream, or lake? Yes No If so, what type? Amount: Disposal site location(s): 7. Will blasting be performed? Yes No Weight of charges: Type of substrate: 8. Will temporary fills in the stream or lake be required during construction (e.g., for construction traffic around construction site)? Yes No 9. Will ice bridges be required? Yes No REHABILITATION PLAN To construct the dam while protecting the environment by minimizing the potential for sedimentation of the outlet creek, a cofferdam will be used to divert flow around the dam construction until one side is complete, then the cofferdam would be moved to divert flow through the just completed portion that will have an aperture (i.e. sluice gate or other feature) to allow discharge from the lake while construction is completed on the opposite portion. Rock as rip-rap or “super-size” sacks filled with sand will be used to construct the cofferdam. Silt fencing and straw or hay bales would also be used as needed along the outlet stream banks to keep soil from entering water during construction. Top soils may be scrapped off the bedrock that will be flooded once the lake is filled behind the dam. Soils would be used to revegetate the areas of construction, which will stabilize exposed soils. Construction of the powerhouse and tailrace will employ silt fencing and straw or hay bales as methods to prevent runoff from entering the Chilkoot River. Vegetative buffers will also be maintained as much as possible. Construction of the penstock will mainly require minimal excavation as it will be on the surface on anchors bolted to bedrock or on small concrete saddles. Silt fencing and straw or hay bales will be used around each site, as needed, to contain any fines before they can enter the outlet stream if construction is in the streams vicinity. Otherwise, vegetation will act as a filter. Seeding of these sites that expose soil with annual grasses that are allowed by the State will be used to stabilize any excavation after construction. PHOTOGRAPHS OF PROJECT AREA ULC GRID INFRASTRUCTURE ONE-LINE DIAGRAMS LETTERS OF SUPPORT MUNICIPALI'IJ' O F SKAGWAY GATEVVAY'TO TTIE GOLD RUSLI O}: "98" POST OFFICE l]OX 415 SKAGVVAY, ALT\S KA 99S4tI (907) 983-72e7 (PHONE) (90?) 983-215i 0-'A,\) I 3 .lune 2008 Steven I-i. Haagenson Alaslia Energy A utlrori t.v 813 West Nor-tliem Lights Boulevald Anchorage. Alaslca 9950-l Subjcct: Munic:ipal supl)oi't of (lonnelly l.iii';r': I-lyclrol)o\\/cl Pr-oict't Dear Mr. Haagenson, The lVlunicipality of Slcagway suppor-ts Alasl<a Power'&'I'elepht.rrrc Conrpany's (r\l'&f) clesir.' to leusr' or purchase land from the State o1'41aslca to develop a new hych-oelectt-ic gcneration pro.ject rrt Connelly Lake.'l'his project is located in the Haines l3orough at a site founcl above Chill<oot l.,rl<c at the lread of Lutal< Inlet. As a Iicensed pLrblic Lltility in thc State o1'r\laska, AP&'l' provirics llower to the comnrunities in the Upper Lynn Ca-nal thror-rgh an existing distlibution systum fed b-y hydr-oelcctlic ancl clir::sc) geirci'lrtiot.r syslems. AP&'f has lead u successfirl effort in the lasl J3 years tr) r'ccluce tltc rcgiorr's titrpcndt'rtt on diesel generated power. vvith sonrc 70% of power being ltroviderl to cltstonrcrs thloLrglr it-s hydroel ectric lacil ities. Development of the Connelly Lalce Hydropower Project rvould l'itt'ther reduce lJpper l.ynn (-;irnl's dependence on fossil fuels forpowergeneration ancl ensure sr,r['{lcicnt enclg-y is availirirltr ii.rr'lrrtut'c econonric growth within tlre regiou, AP&l is well lsrorvn in thc inclitstry lirr its innt,r'.rt.ir-tn irr develcipmenl t-rl' small scule hydlopf)wer projt-cis. Sincerely, .-,\ ,-(tmau1!&L** Thomas Cochr-an - Mayor' Senatol Al berl I(ookesh Representative lJill fhomas..tr. Memo To: Tom Bolen, Haines Borough Manager From: Stephanie Scott, Energy & Sustainability Coordinator Cc: Commissioners, Energy & Sustainability Commission Date: January 21, 2009 Re : Recommendation to the Borough Assembly regarding the Connelly Lake Hydro Electric Project proposal from Alaska Power & Telephone (APT) before the Committee of the Whole, January 21, 2009 The Energy & Sustainability Commission crafted the following recommendation to the Assembly during its January 20, 2009 Commission meeting. The Energy & Sustainability Commission recommends that the Assembly support efforts by APT to secure funding to do additional design and data gathering for hydro electric sources including but not limited to Connelly Lake and Schubee Lake to help inform the public process prior to permitting. During debate following the making and seconding of the motion, “support” was defined as “support for the grant and the uses of the grant.” The motion carried 7 to 1. Commissioner Wackerman was absent, Commissioner Holmes voted in the negative, and Commissioner Gonce accepted the Chairʼs ruling that he had a conflict of interest and did not vote. From: "Ady Milos" <a1milos@yahoo.com> Date: January 29, 2009 3:23:10 PM AKST To: <sscott@aptalaska.net> Subject: Alaska Power & Telephone's Connelly Lake hydroelectric project Dear Ms. Scott, I am writing this to support Alaska Power & Telephone’s Connelly Lake hydroelectric project. AP&T has presented a plan they feel is feasible, environmentally sound, and will provide Haines with more than three times the power it presently consumes during peak times in winter. According to AP&T’s presentation to the Haines Energy Commission on November 25th, 2008 the Connelly Lake site was chosen for its capacity, proximity to Haines, and because it does not require an undersea cable – a link that, if broken, could put Haines in the dark for several months. The project size is important so that AP&T can sell excess power in other markets (i.e. Skagway, Canada, and cruise ships when docked,) and therefore keep our power rates low. You have already received some letters in opposition to this project. This vociferous handful of opponents is ignoring a basic rule of economics – that every resource is limited and has alternative uses. We can always wish for more wilderness, but by developing this one low-impact hydroelectric project at Connelly Lake we can cut hydrocarbon use in the Haines area by 30 to 50 percent. That’s less pollution in town, less CO2 into the atmosphere, less oil burned, and therefore reduced chance of an oil spill as less oil is transported in our marine environment. By constructing three miles of road, one 6300-foot penstock and a powerhouse we will realize an environmental net gain for the Haines area. And when Haines grows, or finds a new industry ( or port facility?) at its doorstep, the existence of this ample source of power means cleaner, more energy-efficient growth. The Chilkoot River Corridor is a beautiful and productive place, but not as untouched as some folks would like to believe. Local loggers Don Turner and Duck Hess can both testify that they helped log some large tracts of land at the upper end of the lake about 40 years ago, taking the logs out via a logging road along the north side of the lake – the same roadbed that AP&T proposes repairing. That some folks are unaware of this is a testament to the resiliency of the watershed. During their presentation, AP&T explained how they met several environmental challenges during construction of other projects in the Skagway area and on Prince of Wales Island. It appears they are also ready to take every environmental precaution to complete the Connelly Lake Project with a minimal impact. When completed it is likely that none of the power project will be visible from the present DNR campground at the lower end of Chilkoot Lake. Therefore, I have no reservations about supporting AP&T as they work toward plentiful, sustainable hydropower for Haines. And I’m convinced that after it is done, the Chilkoot watershed will remain a beautiful and productive place. Nearly everyone I speak with in Haines feels the same way. Sincerely, Stan & Ady Milos Haines, Alaska.   From: "Marie DisBrow" <marie@wildernesswritings.com> Date: January 31, 2009 12:03:05 PM AKST To: <sscott@aptalaska.net> Subject: re: Connelly Lake Project Stephanie Scott, ESC Coordinator Haines Borough 103 Third Avenue S. P.O. Box1209 Haines, AK 99827 re: Connelly Lake Hydroelectric Project Dear Ms Scott: As a resident of Lutak, I am writing to encourage you to support Alaska Power & Telephone’s Connelly Lake hydroelectric project. AP&T’s environmentally sound plan will provide Haines with over three times the power presently consumed during winter peak times. According to AP&T’s presentation to the Haines Energy Commission on November 25th, 2008, the Connelly Lake site was chosen for its capacity, proximity to Haines, and because it does not require an undersea cable. Just yesterday, both Skagway and Haines lost power when heavy snow caused trees to contact the transmission line along the Klondike Highway. In spite of the Haines diesel- fired generator, we were without electricity for several hours. If it becomes necessary to use the diesel power plant for a long period of time, the rate could go from $0.07 per kilowatt hour to over $0.23 per kilowatt hour—over three times the cost of hydroelectric power, because of the high cost of fuel. The project size is important so that AP&T can sell excess power in other markets (i.e. Skagway, Canada, and cruise ships when docked) and therefore keep our power rates low. It appears that AP&T is ready to take every environmental precaution to complete the Connelly Lake Project with a minimal impact. Sincerely, Marie E. DisBrow From: "Dave DisBrow" <dave@davedisbrow.com> Date: February 2, 2009 12:30:37 AM AKST To: <sscott@aptalaska.net> Subject: Connelly Lake Hydroelectric Project Stephanie Scott, ESC Coordinator Haines Borough 103 Third Avenue S. P.O. Box1209 Haines, AK 99827 re: Connelly Lake Hydroelectric Project Dear Ms Scott: I feel it is time to step to the plate and support Alaska Power & Telephone’s Connelly Lake hydroelectric project. Being a resident of Lutak and doing without electric and or phone service until last year, I don't see why anyone would want to go back to the dark side of living. Our present hydro power from AP&T's undersea (Umbilical) cable from Skagway has a limited lifetime and regression is not a viable nor logical option. We now have a potential future for Haines, may I mention our deep harbor possibilities? Without a quality and quantity source of clean electricity for the docks we would stand to lose this resource. Governor Palin has set a goal..."This guide will help us move to a future where, ideally, 50 percent of Alaska's electricity is generated from renewable resources by 2025,". This is twice the goal President Barack Obama has called for by 2025. Alaska can set the pace for renewal resources for our nation! ...and Haines could be leading the way. Lets not show them how stubborn we can be on this issue. Win Win Dave DisBrow RESUME’S COST WORKSHEET Renewable Energy Fund Round 3 Project Cost/Benefit Worksheet RFA AEA10-015 Application Cost Worksheet Page 1 10-7-09 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. 45 GWh maximum annual hydroelectric output Unit depends on project type (e.g. windspeed, hydropower output, biomasss fuel) 2. Existing Energy Generation and Usage a) Basic configuration (if system is part of the Railbelt 1 i. Number of generators/boilers/other grid, leave this section blank) 7 hydro units, 8 diesel ii. Rated capacity of generators/boilers/other 8,828 kW hydro, 9,915 kW diesel iii. Generator/boilers/other type Hydro and diesel iv. Age of generators/boilers/other Varies v. Efficiency of generators/boilers/other Varies b) Annual O&M cost (if system is part of the Railbelt grid, leave this section blank) i. Annual O&M cost for labor $125,000 approx. ii. Annual O&M cost for non-labor $40,000 approx., excluding fuel 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] 27,440,000 kWh (2007) ii. Fuel usage Diesel [gal] 100,000 gal/yr (avg.) Other iii. Peak Load 4,900 kW iv. Average Load 2,800 kW v. Minimum Load 1,500 kW vi. Efficiency Varies vii. Future trends Moderate growth 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] v. Wood [cords, green tons, dry tons] vi. Other 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 3 Project Cost/Benefit Worksheet RFA AEA10-015 Application Cost Worksheet Page 2 10-7-09 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) [kWh or MMBtu/hr] 12,000 kW b) Proposed Annual electricity or heat production (fill in as applicable) i. Electricity [kWh] 45,000,000 kWh max. 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 $32,000,000 (est. cost of Phase IV) b) Development cost $1,235,000 (est. cost of Phase I, II, and III) c) Annual O&M cost of new system $500,000 (2009 est.) d) Annual fuel cost No fuel cost 5. Project Benefits a) Amount of fuel displaced for i. Electricity 650,000 gal/yr (by cruise ships, increasing as ULC loads grow) ii. Heat iii. Transportation b) Price of displaced fuel $3.00/gal (2009), 3.75% escalation for 20 years c) Other economic benefits d) Amount of Alaska public benefits Reduced diesel emissions; reduced PCE (not calculated) 6. Power Purchase/Sales Price a) Price for power purchase/sale $0.20/kWh (sales to cruise ships) 7. Project Analysis a) Basic Economic Analysis Project benefit/cost ratio 1.9 Payback Not calculated GRANT BUDGET FORM Renewable Energy Fund Grant Round III Grant Budget Form 10-7-09 Milestone or Task Phase II – Feasibility Analysis and Conceptual Design Anticipated Completion Date RE- Fund Grant Funds Grantee Matching Funds Source of Matching Funds: Cash/In-kind/Federal Grants/Other State Grants/Other TOTALS Conceptual design and optimization December, 2010 $ 100,000 $ 25,000 Cash, labor & benefits $ 125,000 Stream gage installation October, 2010 $ 60,000 $ 15,000 Cash, labor & benefits $ 75,000 Geotechnical investigations October, 2011 $ 80,000 $ 20,000 Cash, labor & benefits $ 100,000 Fish surveys and analysis December, 2011 $ 100,000 $ 25,000 Cash $ 125,000 Wildlife surveys December, 2011 $ 20,000 $ 5,000 Cash $ 25,000 Botanical surveys December, 2011 $ 20,000 $ 5,000 Cash $ 25,000 Wetlands surveys December, 2011 $ 16,000 $ 4,000 Cash $ 20,000 Archaeological survey December, 2011 $ 24,000 $ 6,000 Cash $ 30,000 Water quality testing December, 2011 $ 8,000 $ 2,000 Cash $ 10,000 TOTALS $ 428,000 $ 107,000 $ 535,000 Budget Categories: Direct Labor & Benefits $ 100,000 $ 25,000 Direct labor & benefits $ 125,000 Travel & Per Diem $ 8,000 $ 2,000 Cash $ 10,000 Equipment $ $ $ Materials & Supplies $ $ $ Contractual Services $ 320,000 $ 80,000 Cash $ 400,000 Construction Services $ $ $ Other $ $ $ TOTALS $ 428,000 $ 107,000 $ 535,000 Renewable Energy Fund Grant Round III Grant Budget Form 10-7-09 Milestone or Task (Phase III Permitting and Final Design) Anticipated Completion Date RE- Fund Grant Funds Grantee Matching Funds Source of Matching Funds: Cash/In-kind/Federal Grants/Other State Grants/Other TOTALS Permit applications preparation and processing July, 2012 $ 40,000 $ 10,000 Cash, labor & benefits $ 50,000 Stream gaging (data collection for 2 years) October, 2012 $ 40,000 $ 10,000 Cash, labor & benefits $ 50,000 Penstock alignment survey October, 2011 $ 40,000 $ 10,000 Cash, labor & benefits $ 50,000 Final design December, 2012 $ 440,000 $ 110,000 Cash, labor & benefits $ 550,000 TOTALS $ 560,000 $ 140,000 $ 700,000 Budget Categories: Direct Labor & Benefits $ 420,000 $ 105,000 Direct labor & benefits $ 525,000 Travel & Per Diem $ 20,000 $ 5,000 Cash $ 25,000 Equipment $ 0 $ 0 $ 0 Materials & Supplies $ 0 $ 0 $ 0 Contractual Services $ 120,000 $ 30,000 Cash $ 150,000 Construction Services $ 0 $ 0 $ 0 Other $ 0 $ 0 $ 0 TOTALS $ 560,000 $ 140,000 $ 700,000 Renewable Energy Fund Grant Round III Grant Budget Form 10-7-09 Project Milestones that should be addressed in Budget Proposal Reconnaissance Feasibility Design and Permitting Construction 1. Project scoping and contractor solicitation. 2. Resource identification and analysis 3. Land use, permitting, and environmental analysis 5. Preliminary design analysis and cost 4. Cost of energy and market analysis 5. Simple economic analysis 6. Final report and recommendations 1. Project scoping and contractor solicitation. 2. Detailed energy resource analysis 3. Identification of land and regulatory issues, 4. Permitting and environmental analysis 5. Detailed analysis of existing and future energy costs and markets 6. Assessment of alternatives 7. Conceptual design analysis and cost estimate 8. Detailed economic and financial analysis 9, Conceptual business and operations plans 10. Final report and recommendations 1. Project scoping and contractor solicitation for planning and design 2. Permit applications (as needed) 3. Final environmental assessment and mitigation plans (as needed) 4. Resolution of land use, right of way issues 5. Permit approvals 6. Final system design 7. Engineers cost estimate 8. Updated economic and financial analysis 9. Negotiated power sales agreements with approved rates 10. Final business and operational plan 1. Confirmation that all design and feasibility requirements are complete. 2. Completion of bid documents 3. Contractor/vendor selection and award 4. Construction Phases – Each project will have unique construction phases, limitations, and schedule constraints which should be identified by the grantee 5. Integration and testing 6. Decommissioning old systems 7. Final Acceptance, Commissioning and Start- up 8. Operations Reporting