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General Permit COE Application bulk fuel 1996
LIMITED ENGINEERING SURVEYING PLANNING PROJECT MANAGEMENTFebruary16,1996 Department of the Army Regulatory Branch U.S.Army Engineer District,Alaska P.O.Box 898 Anchorage,Alaska 99506-0898 Attn:Mr.Don Kohler, Asst.Branch Chief Re:Proposed General Permit for Wetlands Fill Associated with Village Fuel Tank Farm Repair or Replacement. Dear Mr.Kohler: This letter is a follow-up to our meeting on January 30th and our subsequent phone calls concerning the proposal for a Corps ofEngineersgeneralpermit.The proposed general permit (GP)would betoauthorizewetlandsfillsresultingfromtheupgrade,relocation,ornewconstructionofbulkfuelstoragefacilities(tank farms)within villages throughout Alaska. In March 1992,the Alaska Energy Authority (AEA)produced a studytitledthe"Rural Alaska Bulk Fuel Assessment"which inventoried the fuel tank farms in the following 44 villages: Akiachak Akiak Allakaket Aniak Atmautluak Brevig Mission Chefornak Chevak Chignik Lagoon Chignik Lake Crooked Creek Diomede Eek Ft.Yukon Hooper Bay Kaltag Karluk Kasigluk Kongiganak Koyuk Kwigillingok Manokotak Mekoryuk Nightmute Noorvik Nunapitchuk Quinhagak Red Devil St.George St.Mary's St.Michael St.Paul Savoonga Scammon Bay Selawik Sleetmute Stebbins Stevens Village Teller Tuluksak Tuntutuliak Unalakleet Upper Kalskag Wales The study identified 325 separate fuel tank farms located within the 44 villages.These tank farms are owned by either the school,localelectricutility,cCity/Village,other government agency,or Native 139 East 51st Avenue.Suite B *Anchorage.Alaska 99503-7205 «Phone:(907)562-1830 ©Facsimile:(907)562-1831 Mr.Don Kohler 2/16/96 Page 2 of 3 Corporation.Of the 325 tank farms,82 are privately owned.Theaggregatestoragecapacityofall325tankfarmsis14.7 milliongallonsoffueloil,and 3.5 million gallons of gasoline.The averagefuelstoragecapacityisabout415,000 gallons per village.Fuel isdeliveredduringthesummerbybargetoallbutoneofthevillages surveyed,with only Allakaket receiving all fuel by air. The AEA report stated that code and regulation violations were encountered at virtually all of the tank farms surveyed.Commondeficienciesobservedincludenosecondarycontainmentdikes,poorpipingandvalvesystems,no security fencing,and active fuel leaks.In addition,only two of the 325 tank farms surveyed had evidence of required recent testing and inspection. The AEA report concluded that corrective action is mandatory given the overall condition and high incidence of the observed code andregulationviolations.In order to protect public safety,ensure thecontinueddeliveryofvitalfuel,protect the environment,and reduce the future liability for the tank farm owners and the State,thevillagetankfarmsmustberepairedorreplacedtomeetthecurrent code and regulatory requirements. At the present time the Alaska Department of Community and RegionalAffairs,Division of Energy,has a program that is managing the repair or replacement of fuel tank farms in the villages.To date,four projects have been completed in the following villages: ' Gamble Wales Savoonga Kivalina At the present time,potential major bulk fuel projects are beingplannedanddesignedthroughtheDivisionofEnergyinthefollowing villages: Selawik Kwigillingok Teller Quinhagak Atmautluak Tuntutuliak Sheldon Point Emmonak Mr.Don Kohler 2/16/96 Page 2 of 3 Note that the villages of Gambel,Kivalina,Sheldon Point,and Emmonak are not on the AEA 1992 study list.The AEA study does not representacompletelistofallthevillagesinAlaskawherefueltankfarm upgrades or replacements may be needed. For additional information or discussion,please contact me at (907) 345-5789,or fax 345-3575. Sincerely, ree Ut)legiyLt)Poa Thomas W.Mortensen 95-059 attachment: AEA,Rural Alaska Bulk Fuel Assessment, March,1992. ce:Beis Marchegiani,DOEavidLockard,DOE Scott Hattenburg,LCMF Wiley Wilhelm,LCMF K fell Goth @ plan LOMEsy Meg."Co ova)aRonit”-1/12/95 TeBR 7 ley,Seatveypropredull NEC Diva trigger «COLDS senftQSweofGowGne|_5O an - .oo rch ah co |. oo . yeavs "yi Must sere!ar bat ttHapeer7 a ae'roctonal Lil,ceed 208 gellons eSOthposoooryconditaDDG-cle pools.graal odode-wy cpprove C. , ACH L foo . HP gone mene :e. , AV vee ov de - |Oke Les8g-Sfondand ol nauhge -Zumbs Ds bee obLip©Gorn hepa -Sele $25-£00kteJagreAratgeeeechhrPEPConstcleeAncherge7"Terk=feey |Strunk sane hese vayel <ly ergerRNTRANSMITTAL LETTER If enclosures are not as noted,please notify us at once To. FE@e Ma ectiscnan { LCMF IncorporatedAsubstdharyofUXpeagitk(epi DATE:Mex 2),AYre.JOBNO.4-054 PROJECT: ATTN: WE ARE SENDING YOU:mw Attached ([_]Under separate cover via _Henip De wert the following items ("J Biueprints [5 Disks C_]Specifications [J Originals ("1 Samples CJ Change Order [3 Copy of letter (J Shop Drawings CC] DATE COPIES NO.DESCRIPTION Slivlay |2 Toguc Nonce roe.GP. THESE ARE TRANSMITTED: [J For your use {-"]Approved as submitted C_)Resubmit copies for approval (J For approval [1]Approved as noted CJ Submit copies for distribution (J As requested ("]Returned for corrections CC)Return corrected prints [1 For review and comment [_]Prints returned after loan to us Co CJ For bids due 19 REMARKS: C.C. BY: Lt LLL. FA Architecture *Engineering *Surveying »Project Management «Arctic Research 139 East 51st Avenue «Anchorage,Alaska 99503 Voice (907)562-1830 «Fax (907)562-1831 P.O.Box 955 «Barrow,Alaska 99723 ©Voice (907)852-8212 «Fax (907)852-8213 SENT BY:Alaska District USACE ;5-16-96 +2:02PM;Regulatory Branch 1907 345 9575 -- *OPTIONAL FORM 99 (7-90) Regulatory Branch (1145)|.FAX TRANSMITTAL wotnages >L- Post Office Box 898 i aaa From -Anchorage,Alaska 99506-0891 Baiageny a2 Kes rEFier BEL UE ee g ; NEN 7540-01-51 707368 5093-101 GENERAL BEAVICES ADMINISTRATION Seema mee ae .eaerl"IDENTIFICATION NO.sp i SPECIAL)PUBLIC NOTICE 96-xx_ PROPOSAL FOR GENERAL PERMIT 96-1 VILLAGE BULK PUZL STORAGE FACILITIES Tha District Engineer,Alaska District,U.S.Army Corp Engineers (Corps),ia proposing to iasue General Permit 96-1 authority of Saction 404 of the Clean Water Act (Public Law -217;33 U.S.C.1344 et.saq.)and Section 10 of the Rivers and Harbors Act (30 Stat.1151;33 U.S.C.403)to authorize the placement of f111]material _in wetlands and structures in waters of the United States stptawida for the purpose of constructing,replacing or consolidating bulk Fuel storage facilities in Alaska. Activities covered under the proposed GP would include Ehe discharge of fill material and axcavation such ag landclearing,ditching and backfilling in wetlands for the purpose of new constructi relocation,or upgrade of facilities for the transfer,storag distribution,and dispensing of bulk fuel,along with associa communities in rural arsag throughout Alaska.Additionally, placement of structures in navigable waters,such as pilings, breastings,or marine headers would also be authorized.The excavation of sand,gravel,and rock materials from waters of including wetlands,for the express purpose ef constructing t work would also be authorized.The use of the fuel ig primar space haating and power generation within the village,and al fueling of vehicles,aircraft,and vessels. The authority to iasue a GP is established in the co regulations (33 CFR 325 et.seq.).This GP is proposed to reli of the administrative burden for applicants and involved agen would be associated with individual permit application reviaw. would-awtheriaer-This GP would authorize the above referenceactivitieswhen,after consultation with Faderal and State re and resource agencies,the District Engineer datermines that t proposed class of activities would be minor,and would not hav than minimal individual or cumulative impacts on the human env All activities that wouldbe authorized would be require conducted within tha scopa,terms and conditions of the attach proposed GP 96-01.If an activity would not fall within the s tha proposed GP or meet the requirements of tha cenditions,an individual Banartmant af fhe Ave IMA)mawede wnt O- ---2-- ': 7 ” "et wet ' ' \us fomemnadl - SENT BY:Alaska District USACE ;5-16-96 ;2:03PM;Regulatory Branch-1907 345 9575;2 DIV!Slop The proposed GP is designed to meet the acepa of Dapartmentof Energy programs,but any Federal,State or local entity may authorization,as well ag any individual. prly fer The Corps would monitor the proposed GP with information reported by permittees upon completion of projects. years, that time,it would be decided whether or not to reissue the IGP, The proposed GP would be in effect for a period of five At the and of the five year period,it would be evaluated and at Tha District Engineer could,at any time during the five year pexiod, suapend,modify,or revoke the GP if such action 1s deemad tq be in the public interest. ._WATER QUALITY CERTIFICATION:The proposed GP would not be iacertificationorwaiverofcartificationasrequiredunder Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACTCERTIFICATION:Section !307(c)(3 Coastal Zone,Management Act of 1972,as amended by |16 U.S.C. (3),requires the applicant to certify that the described actaffectinglandorwaterugesintheCoastalZonecomplieswit!Alaska Coastal Management Program.the proposed GP would not}until the Office ef Management and Budget,Division'of Govern Coordination haa concurred with the applicant's certification ued until pection 401oftheCleanWaterAct(Public:Law 55-217),has baen received from the of the 1456 (¢). ivity h the be isaued hantal PUBLIC HEARING:Any person may request,in weiting,:withinpericdspecifiedinthisnotica,that a public hearing be hel consider this application.Requesta for public hearings shalwithparticularity,the reasons for holding a public hearing. CULTURAL RESOURCES:The latest published version of the Alas Resources Survey (AHRS)has been consulted for the prasence o of historic properties,including thoge listed in or eligible inclusion in the National Register of Hiatoric Places.ThereUNevaluatedpropertyinthevicinityofthaworksite,Therehiatoricproperties-unevaluated,Eligible and listed -throstatewhichcouldbelocatedincloseproximitytoprojectsiThroughconsultationwiththeStateHistoricPreservationOffi and special conditions placed on tha proposed GP,impacts to k resources should be negligible.Any comments SHPO may have copregantlyunknownarchaclogicalorhistoricdatathatmaybe1 destroyed by work under the proposed GP would be considered in agsessment of the dascribed work and would by-case basis.i also be considered ENDANGERED SPECIEG:The project area is within the known or h! range of the threatened or endangered American Peregrine falco Peregrine falcon,humpback whala,spectacled eider,Stellar's the Zskimo curlew. @ comment te atate, a Heritage absence oz a an re many hout the s. rar (SHPO) Rown heerning pst or. our bn a case- storic ,Aretic ider,and Preliminarily,the deacribed activities wold notaffectthreatenedorendangeredspacies,or thair eritical habitatdesignatedasendangeredorthreatened,under the Endangered Syecies Actof1973(87 Stat.944).This application is being coordinated |with the U.8.Fish and Wildlife Service and the National Marina Fisherias Service.Any comments they may have concerning endangered or Yas*annaA SENT BY:Alagka District USACE :5-16-96 i 2:04PM i Regulatory Grancn>|1 907 G45 3875183 wildlife or plants or their critical habitat will be considered in our final asseaament cf the described work. EGDBRAL SPECIES OFCONCERN:The following Federal species of concern May use project areas:Steelhead Trout,.Sockaye Salmon,Chi Coho Salmon,Polar Bear,Saa Otter,Walrus,Black Brant,Can Alautian Canada Goose,Lasser Canada Goose,Dusky Vancouver Goose,Cackling Canada Goose,Leaaer Snow Googe,White-front Tule White-fronted Goose,Bald Eagle,Emperor Goose,Trumpet Tundra Swan,Mallard,Canvasback Duck,Lesser Sandhill CraneFalcon,Arctic Peregrine Falcon,American Peregrine Falcon, Peregrine Falcon,oa Peregrine d Peala's FLOCD PLAINMANAGEMENT:Evaluation of the described activit include conformance with appropriate State or local flood pl standards;consideration of alternative sites and methods of accomplishment;and weighing of the positive,concentrated dispersed,and ghort and long-term impacts on the flood plai ]SPECIALAREADESIGNATION:Some activities authorized under the proposed GP would be located in or adjacent to National Wildlife Refuges,National Forests,National Parks,Wild and Scenic River corriflors,andotherFederal,State or local preserves.Thesa would be considerad on a EVALUATION:The decision whether to isague a parmit will ba based on anevaluationoftheprobableimpactsincludingcumulativeimpactsofthe on tha public interest requires a careful weighing of all thode factorswhichbecomerelevantineachparticularcase.The benefits whichreasonablymaybeexpectedtoaccruefromtheproposalmustbagainstitsreasonablyforeseeabledatrimeants.The decisionauthorizeaproposal,and if sd,the conditions under which iallowedtooccur,are therefore!determined by the outcome of balancing process.That decision should reflact the nationalforbothprotectionandutilizationofimportantresources. which may be relevant to the prpposal must be considered inclufing the cumulative effects thereof,Among those are conservation,economics, aesthetics,general environmental concarns,wetlands,cultural]values,fish and wildlife values,flood;hazards,floedplain values,lahd use, navigation,shore erosion and accretion,recreation,water supply and. conservation,water quality,energy needs,safety,food and fiber production,mineral needs,considerations of property ownership,and,ingeneral,the needs and welfareof the people.For activities invelving404discharges,a permit will be denied if the discharge that fould be authorized by such parmit would not comply with thea EnvironmentalProtectionAgency's 404(b)(1)qiidelines.Subject to the preceding sentence and any other applicable guidelines or criteria (see gections320.2 and 320.3),a permit will be granted unless the Districg Engineerdeterminesthatitwouldbecontrarytothepublicinterest. Tha Corps of Engineers igs soliciting comments from tha public;|Federal,State,and local agencies and onenene Indian Tribes;and other SENT BY:Alaska District USACE ;§-16-96 +2:04PM i Regulatory Branch |1 S07345 35758 4 : interested partias in order te consider and evaluate the impacts of thisproposedactivity.Any comments received will be considered|by theCorpaofEngineerstodaterm1awhethertoissua,modify,comdition or deny a permit for thia preposdl.To make this decision,comments are used te asseags impacts on e gered species,historic properties,waterquality,general environment al effects,and the other public|/interestfactorslistedabove.Comments are used in the preparation of an Environmental Assessment and/dr an Snvironmantal Impact sStatdment pursuant to the National Environmental Policy Act.Comments lare alsougedtodeterminetheneedfoxapublichearingandtodeterninetheeverallpublicinterestoftheproposedactivity. Comments on the described work,with the reference number,should raachthisofficenolaterthanthe!iration date of this Public Notice tobecomapartoftherecordandibeconsideredinthedecision,|PleasecontactGeorgeanneL.Reynolds at 1-907-753-3716,or toll free inAlaskaat1-800-478-2712,if fbrther information is dasized cbncerning this notics. AUTHORITY:This parmit will be issued or denied under the following authorities: (X)Perform work in or affecting navigable waters of the thited Stataa-Section 10 Rivera and Harborg Act 1999 (33 U.S.C,403). (xX)Discharge dredged or filljimaterial into waters of the United States -Section 404 Clean Water Act (133 U.S.C.1344).Therefore,"he publicinterestveviewwillconsidertheguidelinessetforthundergection 404(b)of the Clean Water Act (40 CFR 230). | Typical plans,Notice of Appl:tion for Certification of Congistency with tha Alaska Coastal Manag t Program,and Notice of AppJication for State Water Quality Certifiration ara attached to thia Puglie Notice. District Engineer Us.Army,Corps of Engineers Attachments SENT BY'Alaska District USACE +5-16-96 2:05PM ;Regulatory Branch | oR hr!:vlan PERMIT 96-01VILLAGEBULKFURL,STORAGE FACILITIES Tha Alaska District,U.S.Corps of Engineers,in accordance with its regulations and purguant to!Section 404 of the Clean Water Act (Public Law 95-217,33 U.S.C.1344 at.Beq.)and Section 10 of the Rivers and Harbors Act (33 U.8.C.403),is|considering issuance cf Gener Permit (GP) 96-01 for the placement of fill jmaterial in cartain wetlands skatawide for the purpose of constructing,replacing or consolidating bulk flel storage facilities in rural Alaska. backfilling in wetlands,would authorizad fer the purpose of new construction,relocation,or up storage,distribution,and disp msing of bulk fuel,along with lasscciatedsupportfacilitiesincludingroarla,that serve and are located|withincommunitiesinruralareasSaroughoutAlaska.Additionally,of structures in navigable waters,such as pilings,dolphins, or marine headers would also be muthorized.The dredging or excavation of sand,gravel,and rock materials:from waters of the United States,including wetlands,to construct:the propesed work would alsoauthorizad.The use of the fueli is primarily for space heating and powergenerationwithinthevillage,aad also for the fueling of vehicles, aircraft,and vessels. material and excavation "rould He.such as landclearing,ditching and fill cres and a The proposed GP would author ze the placement of dredged ar material into wetlands for a combined typical footprint of 0.7 maximum area of 2.0 acres for th@ following project components: and ctures. maximum fill for the construction of seacqndary containment dikes and at The typical footprint required iq approximately 0.25 acres.Th footprint required is approximataly 1.0 acres. 1.Structural fills for thej auppert of bulk fuel storage pet 1.907 345 357558 5 2.Fills for associated str¢ctures and activities directly the operation and maintenance of the bulk fuel storage facility piping,pumps,buildings,equipment storage,including pretected storage for oil spill response aq fencing.The typical footprint r; Maximum footprint required is 0.5 quirad is approximately 0,25 acres, ipment;vehicle parking and ogee sty related ts ineluding and secure res.The 3.Fills for a fual dispenst g station,including fills for dispensingfueltanks,associated secondary fontainment dikaa and structures,piping,buildings,and security fencing.{THe typical footprint required]is approximately 0.1 acre. acres. The maximum footprint is approximataly 4.Fille associated with fupl transfer and dispensing pip ines,The typical footprint required is appxoximately 0.1 acrea and the matimumfootprintisapproximately0.25 adres. SENT BY:Alaska District USACE +5-16-96 2:06PM +Regulatory Branche 1.907 345 3575;4 6 APPLICABILITY It ia not the intent of thi population centers such as the Juneau,Ketchikan,Kenai,Homer Susitza Borough. Authorizations granted unda the regulatory authority of the mot cbviate or affect in any GP to consider projects in eward,Patersburg,of the Mat -S,.Army,Corps of Engineers. oricipalityefAnchorage,Fadspanc,uska- thia GP will apply only to work subject to They will er the requiraments or the only to meetizations.any other required Federal,State,or lecal governmental autho If the work that authorized under the GP is subsequently modifi other Federal,State,or local governmental authorization,a mc of the authorization to perform activities may need to be obtai Corps. The proposed GP does not authorize activities currently co' Nationwide permits. activities authorized by this GP Nationwide permits may be used in conjunct If the prepesed work does not me of the propesed GP,tha GP would processed ag an individual Depart' t the requirements,terma,and not apply,and the application ment of the Army permit applic ed by any daification med from the reared by Hen with the conditions would be tion under standard precesaing procedures and public noticed,as per 33 C CONDITIONS OF THE GENERAL PERMIT R 325.2.- All activisies identified and@ authorizad by thig GP #hall He consiatent with the following conditions: 1.The dimensiona of all fills shall be the smallest seccfasary fortheintendedpurpose,and represent the least damaging practicable alternative,therefore conforming]to the 404(b)(1)guidelines,[complete projects with total filled footprints of two (2)acres or less,jexcluding access roads,and access roads of length,shall be authorized by this proposed GP, 2. maximum bottem width of 48'and a|maximum top width of 36'. 3.The maximum side slopes df all fills shall be 2:1 (horizontal:vertical). 4.To maintain longterm int sufficient f111 must be placed on/the ground,or another method uged to accompliah this requirement. water indicate non-compliance with thig condition. 5.The fill must consist of blean,uncontaminated material petroleum contaminated material that has been treated and meets Signa of thermokarsting or 2,000 linear feet or lesa in gombined Access reads and driveways shall be constructed and maintained at a zity of the permafrost,if présgent, must be standing yf OF ADEC Cleanup standards for reuse and other ADEC requirements on the uge of contaminated material in effact at the time. 2 SENT BY:Alaska District USACE +5-16-96 }2:06PM +Regulatory Sranch=1907 945 3575;%7 ; | 6.The parmittee shall maintain the work authorized herefin in goodconditionandinaccordancewithapprovedplansanddrawings. 7.Fuel storage facilitieq shall meet the state and Fedefalrequirementsforstorageanddling. 8.Fills ahall be stabilized and maintained to minimize @rogion and sedimentation into adjacent watargs or wetlande. 9.An adequate number of culverts shall be installed and |maintained under filla authorized under thia GP to avoid interruption of haturalsurfacedrainage.Excessive ponding of areaga next to fills inflicatas non- compliance with this condition. 10.The time limit for authorizing work under this GP ends five years from the data of issuance.Autharized work must be completed within 13monthsaftertheexpirationdateofthisGP, Ll.The landa and facilities subject to this GP must be maintained ingoodconditionandinconformancewiththetermsandconditiongofthisGP. You are not ralieved of this requirement if you abandon the permittedactivity,although you may make a good faith transfer to a thixd party incompliancewithCondition"13"below.Should you wish to cease to maintaintheauthorizedactivityorshouldyoudesiretoabandonitwithputagoodfaithtransfer,you must obtain approval from this office,which may requira reatoration cf the area. 12.If you aell the property associated with an activity uthorized bythiaGP,you must obtain the signature of the new owner,along withappropriatedocumentationtorecordthetransactionandsubmitthem to thisofficetovalidatethetransfer'the authorized activity.13.The District Engineer,er his designated repregentative(s),mustbeallowedtoinspecttheauthorizedactivityacanytimedeemednecessarytoensurethattheworkisbeingbrhagbeenaccomplishedinacdordance with the terms and conditions of phis GP. 14.No activity authorized by the GP ghall adversely affect historicproperties,If any historic properties are known to exist in projectarea,the Corps shall consult with the State Historic Preservat m Officer (SHPO)before authorization under}the GP is granted.In the case of a Federal applicant,the applicant must consult with the SHPO prick to contacting the Corps for nL,15.If any previously unknown historic or archeological remains while accomplishing the work authorized by this GP,this office must immediately bea notified at 1-800-478-2712.In the case of a Federal applicant,the applicant must contact the SHPO and this office.The District Engineer ghall initiate the nacessary coordination with the SHPO te deternhiremainswarrantarecoveryeffortlorifthesiteiseligiblafor|/listing intheNationalRegistarefHistoricPlaces. 3 ' SENT BY:Alaska District USACE +5-18-88 |2:07PM;Regulatory Branch |1 907 345 3575186 | 16.The proposed activity jshall not adversely affect any]species listed aa threatened or endangered under the Endangered Specids Act of 1973(Act),as amended.Additionally,the proposed activity shall potjeopardizethecontinuedexistanceofanyproposedspecies.A Federal applicant must contact the U.8.|Fish and Wildlife Service regarding the presance of threatened or endangered species.The Corps will fontact the Service on behalf of other clients.If it ia detarmined that threatened or endangered species are present and that an adverse effect may peeur,then the Digtrict Engineer shall initiate Section 7 consultation with the Service for the particular application.The presence or subseqnent discovery of a threatened,endangered or proposed species which may be affected by a permitted action or related activities may result in a delay ef permit issuance for the specific operation in order to include Section 7 consultation and/or conference,jas required by the Act. FURTHER INFORMATION: a.Limits of thea Proposed Authorization (1)This permit dees not grant any property rights or exclusive privileges., (2)This permit dees not authorize any injury to the property or rights of others. (3)This permit does not authorize interference with any ¢xisting or proposed Federal project. b.Limits of Federal Liability In issuing this permit as proposed,the Federal Government does|not asaume any liability for the Zollowing: (1)Damages to the permitted project or uses thereof as a fesult of other permitted or unpermitted activities or from natural caused. (2)Damages to the permittad project or uses thereof as a Feault of currant or future activities undertaken by or on behalf of the United States in the public interest. (3)Damages te persons,property,or to other permitted or|unpermitted activities or structures caused the activity authorized by this permit. (4)Deaign or construction deficiencies associated with the permittedwork. (5)Damage claims associated!with any future modification,|suapension, or revocation of this permit. @.Reevaluation of Permit Decision This office may reevaluate its decision on this GP or specificauthorizationsofthisGPatanyynthecircumstanceswarrant.4 SENT BY:Alaska District USACE +5-16-96 +2:08PM +Regulatory Branch 1 907 945 957538 g 1 ( | Circumstances that could require a reevaluation include,but are not limicad to,the following: (1)Authorized work fails to comply with the tarms and canditiona of the permit. (2)Appropriate new information surfaces which thia office did net consider in reaching the original public intarest dacision. Such a reevaluation may result in a determination that it is aypropriate tousethesuspension,modification,and revocation procedures ccortained in 33 CFR 325.7 or enforcement procedures such as those contained in |33 CFR 326.4and326.5.The referenced enforcement procedures provide for the issuanceofanadministrativeorderrequiringcompliancewiththetermaconditionsoftheGPandforthe|initiation of legal action wharatnpay for failure to a (such aa aures by appropriate.Anyone doing work under the GP will be required any corrective measures ordered by this office,and if there i comply with auch directive,thig|/office may in certain situati these apecified in 33 CFR 320-330)accomplish the corrective m contract or otharwige and they will ba billed for the cost. PROCEDURE! The following procedures will be|required as a part of the proposed GP: a.All persons desiring to parform work under the proposed GP must submit the following information:a vicinity map;plan views and typicaleroassectionsofallprojectcomponents,and a plan view of the entireproject;aerial photographs,if reasonably available;dimansicng (L x Wx R)of all fill pads;approximate cubic yardage and acreage filled for each project component;a verbal description of the proposed work;and a statement of project purpose and intended use.Examples of typical drawings and plans are attached to this proposed GP. b.Tha Corps will notify the applicant when the application is considered complete.Tha application igs considerad complete whem theapplicantsubmitstherequiredinformation,demonstrates the proposedprojectcomplieswiththetermsandconditionsoftheGP,and, applicable,documents consultation with the appropriate agencies onhistoricpropertiesandendangered,threatened and proposed spacies.'¢,Usually,an sutherization latter will be sent to the peymitteawithin13daysofreceiptofallaquiredinformation.WrittenautherizationtoproceedmustbereceivedfromtheCorpspriortcommencementofwork.Failure te :receiva this authorization wilconstituteadenialwithoutprejudiceofCorpsauthorizationunder the GP. v 1 907 345 9575;810SENTBY:Alaska District USACE +5-16-96 2:09PM +Regulatory Branch= t | The permittee shall provida the Corps with copies of fina]@ummary of the acreage affected!dnd cubic yardage dischargedcompletionofeachprojectauthorizedunderthisGP, te: Anchoraga,Alaska 99506-0898. REFORTING REQUIREMENTS: MONTTORING: Yearly,the Corps shall compile a report summarizing all under the GP.The report shall include,at minimum,the numbe filled and the amount of cuble yardage placed in wetlands.Th plans and a on Copies shall be sentNorthSection,Regulatory Branch,CENPA-CO-R-N,Post Offike Box 898, ef acras reportfetactor shall be made available to all commenting agencies and any individual who requests a copy. the five-year evaluation. Comments by interested individuals shall be qonsidered in INSPECTION: The District Engineer,or his designated representativa(s)|must be allowed to inapect the authorized activity at any time deemed necessary to angure that the work ia being or.has been accomplished in acco ce with tha terms and conditions of this GP. has been performed in noncompliance with this GP,appropriate shall be taken to resolve the violation,This may include a re In the event that work is!being or asgures rement to ebtain an individual permit,evan though otherg in the same area ara not required to do so. activities shall be considered non-compliance with the terms an of this G?,; PENALTIES FOR VIOLATIONS: Refusing acceag to and inspection of the aufhorized conditions Pallure to comply with the terms and conditions of thia permit may result in suspension of the work,revocation of the permit,remd dredged and/or fill material or other structures,directed restc wetlands,and/or impositions of penalties as provided by law. The discharge of £111 material not in accordance with tha ¢ val of ration of Yitis and conditions of the proposed GP will be a violation of Section 301 of the Clean Water Act (33 U.S.C.1319),-and upon conviction thereof i punishable,in accordance with Section 309 of the Claan Water A ,byafineofnotlessthan$2,500,nor)more than $25,000,per day of iolation,ox by imprisonment of not more one year,or both.That ind will also be subject to a civil penalty mot to exceed $25,000 patheviolation. EXTENSION,MODIFICATION AND REVOCATION OF THIS GENSRAL PERMIT vidual r day of This GP may be revoked by iasuance of a Public Notice at any Cime the District Engineer (DE)determines that the singular or cumilativ effacts of the activities authorized herein are having an unacceptable adverse impact upon the public interest. 6 Following such revocation,all {new SENT BY:AlasKka District USACE ;5-16-96 +2:09PM;Regulatory Branch 1907 345 35753411 applications shall be processed under individual permit application review procedures and the DE shall decide on a case-by-case basis if previously authorized activities should be revekead,suspended,or modified. This GP shall be effective for a period of five years.During that time,it may be modified by the DE if he determines that the singular or cumulative impacts of the activities authorized have unacceptakle adverse effecta upon the public interest.During the fifth year,this |GPp and the work authorized under it will be reviewad to determine if it should be modified,extended,or discontinued. FOR THE DISTRICT ENGINEER: Date Don M.Kohler,Chief |Projact Evaluation Section -Nort Regulatory Branch : Alagka District,Army Corps of ineers SENT BY:Alaska District USACE +5-16-96 5 _in wetlands and structures in.waters of the tnited Statea st *2:02PM;Regulatory Branch 1.907 345 3575581 Cee ime - :"OPTIONAL FORM96(7-00) Regulatory Branch (11455).FAX TRANSMITTAL Jeane»DL "Post Office Box 898 aioe ne From ,Anchorage,Alaska 99506-0891 = ©bee Foe #77.se Petopee,go Fex #ag S-Easy ax# :p FI |IDENTIFICATION NO.*gp - NEN 7540-01-317=7968 -6038-101 GENRAAL BEAVICES ADMINISTRATION SPECIAL)PUBLIC NOTICE 96-xx_ PROPOSAL FOR GENERAL PERMIT 96-1 VILLAGE BULK FUEL STORAGE FACILITIES Tha District Engineer,Alaska District,U.S.Army Corp Engineers (Corps),is proposing to issue General Permit 96-1 authority of Section 404 of the Clean Water Act (Public Law U.S.C.1344 et.saq.)and Section 10 of the Rivers and Harbo Stat.1151;33 U.S.C.403)to authorize the placement of fil Act (30 material tewida for the purpose of constructing,replacing or consolidating bulk fuel storage facilities in Alaska. Activities covered under the proposed GP would include discharge of fil]material and axcavaticn guch ag landclearin and backfilling in wetlands for the purpose of new constructi relocation,or upgrade of facilities for the transfer,storag distribution,and dispensing of bulk fuel,along with associa communities in rural arsag throughout Alaaka.Additionally, placament of structures in navigable waters,such as pilings, breastings,or marine headers would also be autherized.The excavation of aand,gravel,and rock materials from waters of including wetlands,for the express purpose of constructing t work would also be authorized.The use of the fuel ig primar space heating and power generation within the village,and al fueling of vehicles,aircraft,and vessels. The authority to dague a GP is established in the co regulations (33 CFR 325 et.seq.).This GP is proposed to ralk of the administrative burden for applicants and involved agen would be associated with individual parmit application review. would-authericer This GP would authorize the above referanced| activities when,aftar conagultation with Faderal and State re proposed clasa of activities would be minor,and would not hav than minimal individual or cumulative impacts on the human env All activities that would be authorized would be require conducted within the scope,terms and ecnditions of the attach proposed GP 96-01.If an activity would not fall within the s the proposed GP or meet the requirements of the conditions,an individual Department of the Army (DA)pazrmit would be required. |SENT BY:Alaska District USACE+5-16-96+2:03PM+Regulatory Branch-1907 945 3575:4%2 oe Divi Slop The proposed GP is designed to meet the scope of Dapaetment of Energy programs,but any Federal,State or local entity may apply for authorization,as well as any individual.The Corps would mgnitor the proposed GP with information reported by permittees upon completion of projects.Thea proposed GP would be in effect for a period of five years,At the end of the five year period,it would be evaluated and at that time,it would be decided whether or not to reissue the /|GP.,The District Engineer could,at any time during the five year pexziod, suspend,modify,or revoke the Gr if auch action ia deemed tq be in the public interest. WATER QUALITYCERTIFICATION:The proposed GP would net be issued until a certification or waiver of cartification as required under Bection 401oftheCleanWaterAct(Public Law 95-217),has been received]from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION:Section !307(c)(3)of theCoastalZone,Management Act of 1972,as amended by 16 U.S.C./1456 (c)(3),requires the applicant to certify that the described activityaffectinglandorwaterusesintheCoastalZonecomplieswiththe Alaska Coastal Management Program.the proposed GP would not be iasued until the Office ef Management and Budget,Division'cof Governmental Coordination has concurred with the applicant's certification PUBLIC HEARING:Any person may request,in writing,within the commentperiodspecifiedinthisnotice,that a public hearing be held to consider this application.Requests for public hearings shal]stata,with particularity,the reasons for holding a public hearing. CULTURAL RESOURCES:The latest!published version of the Alasxa HeritageResourcesSurvey(AHRS)has been consulted for the presence cx absence of historic properties,including those listed in or eligible [forinclusionintheNationalRegisterofHiatoricPlaces.There is anUnevaluatedpropertyinthevicinityofthaworksite.Therehistoricproperties-unevaluated,Eligible and listed -throstatewhichcouldbelocatedincloseproximitytoprojectgi Through consultation with the State Historic Preservation Offi and special conditions placed on tha proposed GP,impacts to resourcas should be negligible.Any comments SHPO may have copregantlyunknownarchaclogicalorhistoricdatathatmaybel destroyed by work under the proposed GP would be considered in assessment of the described work and would also be consideredby-cage basis,i | ENDANGEZED SPECIES:The project area is within the known or h range of the threatened or endangered American Peregrine falco Peregrine falcon,humpback whala,spectacled eider,Stellar's the Bskimo curlew.Preliminarily,the described activities wo affect threatened or endangered species,or thair erditical hab designated as endangered or threataned,under the Endangered 8 eof 1973 (87 Stat.844).This application is being coordinatedU.S.Fish and Wildlife Service and the National Marine Fisherids Service.Any comments they may have concerning endangered or| yeatenad SENT BY:Alaska District USACE +5-16-98 3;2:04PM ;Regulatory Branch?- final assesament of the described work, FECERAL SPECTES OFCONCERN:The following Federal species of May use project areas:Steelhead Trout,.Sockaye Salmon, Tundra Swan,Mallard,Canvasback Duck,Lessar Sandhill CraneFalcon,Arctic Peregrine Falcon,American Feregrine Falcon, Peregrine Falcon.ho FLOCD PLAINMANAGEMENT:Evaluation of the described activitincludeconformancewithappropriateStateorlocalfloodpl Standards;consideration of alternative sites and methods of accomplishment;and weighing of the positive,concentrated GP would be located in or adjacent to National Wildlife Refug National Forests,National Parks,Wild and Scenic River corri case-by-case basia and the appropriate agency would be consul $ EVALVATION:The decision whether to issue a permit will ba b evaluation of the probable impacts including cumulative impac proposed activity and its intended uge on the public interestEvaluationoftheprobableimpactswhichthaproposedactivitonthepublicinterestrequiresacarefulweighingofallthowhichbecomerelevantineachparticularcase.The benefitsreasonablymaybaexpectedtoaccruefromtheproposalmustbagainstitsreasonablyforeseeabledatriments.The deciaionauthorizeaproposal,and if so,the conditions under which iallowedtooccur,are therefore!determined by the outcome of balancing process,That decision should reflect the nationalforbothprotectionandeeesofimportantresources.cumulative effects thereof.nong thoge are conservation,aco aeathetics,genaral environmental concarns,wetlands,cultural fish and wildlife values,flood hazards,floodplain values,la navigation,shore erosion and accretion,recreation,water sup conservation,watar quality,energy needs,safety,food and f1! production,mineral needs,considerations of property ownershi,; general,the needs and welfare of the pecpla.For activities authorized by such permit would not comply with the Environmen Protection Agency's 404(b)(1)quidelines,Subiect to the prec sentence and any other applicable guidelines or criteria (see § 320.2 and 320,3),a permit will be granted unless the Diatricy determines that it would be contrary to the public interast. id Tha Corss of Engineers ia soliciting comments from the public; i "| dispersed,and short and long-term impacts on the flocd plain. State,and local agencies and officials;Indian Tribes;and otHer (1-907 345 357558 3 wildlife or plants or their critical habitat will be considered in our concarn ook Salmon, Cohe Salmon,Polar Bear,Sea Otter,Walrus,Black Brant,Canada Goose, Aleutian Canada Goose,Lesser Canada Goose,Dusky Vancouver fanada Goose,Cackling Canada Goose,Lesser Snow Goose,White-fronted Goose, Tule White-fronted Goosa,Bald Eagle,Emperor Goose,Trumpetér Swan, Peregrine a Peale's will in ' SPECIAL AREA DESIGNATION:some activities authorized under the proposed 8, ors,and other Federal,State or local preserves.These would be considerad on a ed, sed on an s of the may Have e factors hich ySalanced ather to will be l factors which may be relevant to the proposal must be considered inclutling tha nomics, valuas, nd use, ply and. per >,and,in Lnvelving al ding ections |Engineer 404 discharges,a permit will be denied if the discharge that far be Federal, at SENT BY:Alaska District USACE +5-16-96 +2:04PM 3 Regulatory Branch»|1 907 345 SO7S+#4 interested parties in order to consider and evaluate the impacts of this Proposed activity.Any commenta received will be considered|/by theCorpsofEngineerstodeteawhethertoissua,modify,co deny a permit for thia preposdl.To make thia decision,co used to assess impacts on endangered species,historic properties,waterquality,general environmental,effects,and the other public/interestfactorslistedabove.Comments are used in the preparation $f an Environmental Assessment and/dr an Environmantal Impact Statement pursuant to the National Environmental Policy Act.Comments lare also used to determine the need fo;a public hearing and to dete theoverallpublicinterestoftheproposedactivity. Comments on the described work,with the reference number,s this office no later than the iration date of this Public becoma part of the record and|be considered in the decision.|Please contact Georgeanne L.Reynol at 1-907-753-3716,or toll free inAlaskaat1-800-478-2712,if fhrther information is desired concerning this notice. uld reach 'atice to AUTHORITY:This permit will be issued or denied under the following authorities: (X)Perform work in or affecting navigable waters of the United Stataa-Section 10 Rivers and Harbord Act 18999 (33 U.8.C.403). (X)Diacharge dredged or filliimaterial into waters of the United States -Section 404 Clean Water Act (33 U.S.C.1344).Therefore,an publicinterestreviewwillconsidertheguidelinessetforthundergaction 404(b)of the Clean Water Act OQ CFR 230). Typical plans,Notice of Appli tion for Certification of Congistency with the Alaska Coastal Manage t Program,and Notice of ApplJication for State Water Quality Certifibation ara attached to this Pudlic Notice.gobodLatrict Engineer ULS.Army,Corps of Engineers Attachments SENT BY:Alaska District USACE 5-16-96 + VILLAGE BULK FUSL STORAGE FACILITIESpRAFIsechanreuse The Alaska District,U.S.A Corpa of Engineers,in accordance with its regulations and puraguant to!Saction 404 of the Claan Watex|Act (Public Law 95-217,33 U.S.C,1344 et.Beq.)and Section 10 of the Rivers and Harbors Act (33 U.S.C.403),is|considering issuance of General.Permit (GP) 96-01 for the placement of filljmaterial in cartain wetlanda statewide for the purpose of constructing,replacing or consolidating bulk fel storagefacilitiesinruralAlaska. GP 96-01 would authorize activities under Section 10 of Harbors Act and Section 404 of the Clean Water Act.The diacha material and excavation activities such ag landclearing,dite backfilling in wetlands,would authorized for the purpose o construction,relocation,or upgrade of facilities for the tr storage,distribution,and dispemsing of bulk fuel,along withsupportfacilitiesincludingzone,that serve and are locatedcommunitiesinruralareasthroughoutAlaska.Additionally, of structures in navigable waters,such as pilings,dolphins, or marine headers would also be guthorized,The dredging or e gand,gravel,and rock materials:from waters of the United Staincludingwetlands,to construct!the proposed work would alsoauthorized.The use of the fuel!is primarily for space heating and powergenerationwithinthevillage,and also for tha fueling of vehibles, aircraft,and vessels. within The proposed GP would author ze the placement of dredged and f111 material into wetlands for a combined typical footprint of 0.7 acres and a maximum area of 2.6 acres for thg following project components: 1.Structural fills for thej support of bulk fuel atorage 8,and fill for the construction of sacqndary containment dikes and structures. The typical footprint required iq approximately 0.25 acres.The maximum footprint required is approximatdly 1.0 acres. 2.Fills for associated atrgctures and activities directly related to the operation and maintenance of the bulk fuel storage facility jincluding piping,pumps,buildings,equipment storage,including protected and securastorageforoilspillresponseaquipment;vehicle parking and afcurityfencing.The typical footprint raquired is approximately 0.25 acres.The Maximum footprint required is 0.5]acres. 3.Fills for a fuel seapenatha station,including fills foy dispensingfueltanks,associated sacondary fontainment dikea and structureb,piping,buildings,and security fencing.|The typical footprint required|is approximately 0.1 acres.The maxjmum footprint is approximately]0.25 acres. i{4.Filles associated with tht transfer and dispensing pipdlines,Thetypicalfootprintrequiredisapproximately0.1 acrea and the maximum footprint is approximately 0.25 adres. *2:05PM:Regulatory Branch-1 907 345 3575;%5 SENT BY:Alaska District USACE +5-16-96 +2:06PM +Regulatory Branch=1 907 345 9575+8 6 APPLICABILITY It is not the intent of this GP to consider projects in population centers such as the icipality of Anchorage,Fairbanks, Juneau,Ketchikan,Kanai,Homer Seward,Petersburg,of the Matdanuska- Susitna Borough.. Authorizations granted under thia GP will apply only to wokk subject totheregulatoryauthorityofthe .S.Army,Corps of Engineers.|They willmotobviateoraffectinanyextherequirementsortheneddtomaet any other required Federal,Stath,or lecal governmental authorizations. If the work that authorized under the GP is subsequently modified by any other Federal,State,or local gpvernmental authorization,a fication of the authorization to perform activities may need to be obtai Corps. The proposed GP does not authorize activities currently c Nationwide permits.Nationwide permits may be used in conjunc activities authorizad by this GP If the proposed work does not meet the requirements,terms,and|conditions of the proposed GP,the GP wouldinot apply,and the application}would be processed as an individual Department of the Army permit application under Standard proceasing procedures and public noticed,as per 33 CFR 325.2.-: CONDITIONS OF TEE GENERAL PERMIT All activities identified and authorized by thig GF #hall He consistent with the following conditions: 1.The dimensiona of all fills shall be the smallest neccgssary for the intended purpose,and represemt the least damaging practicablealternative,therefore conforming to the 404(b)(1)guidelines,jcomplete projects with total filled footprints of two (2)acres or less,jexcluding access roads,and access roads of|2,000 linear feet or less in dombined length,shall be authorized by this preposed GP, 2.Access reads and driveways shall be constructad and maifitained at a maximum bottom width of 48'and al maximum top width of 36'. 3.The maximum side slopes cf ail fills shall be 3:1 (horizontal:vertical). 4.To maintain longterm integrity of tha permafrost,if present, sufficient fill must be placed on|the ground,or another method fust be used to accomplish this requirement.Signs of thermokarsting or}standing water indicate non-compliance with thia condition. 5.The £111 must consist of plean,uncontaminated material or petroleum contaminated material that has been treated and meets ADEC Gleanup standards for reuse and other ADEC requirements on the ube ef contaminated material in effact at the time, 2 SENT BY:Alaska District USACE +5-16-98 +2:06PM +Regulatory Branch 1907 945 3575587 6.The permittee shall maintain the work authorized herelfin in goodconditionandinaccordancewithapprovedplansanddrawings. 7.Fuel atorage facilitieq shall meet the state and Federalrequirementsforstorageanddling. 8.Fills shall be stabilized and maintained to minimize preston andsedimentationintoadjacentwatersorwetlands. 9.An adequate number of chilverts shall be installed and |maintainedunderfilleauthorizedunderthisGPtoavoidinterruptionofhatural surface drainage.Excessive ponding of areas next to fillg inflicatas non- compliance with this condition. 10.The time limit for authorizing work under this GP endp five yearsfromthadateofissuance.Authorized work must be completed Within 12monthsaftertheexpirationdateofthisGP. 11.The landa and facilities subject to this GP must be maintained ingoodconditionandinconformancewiththetermsandconditiondofthisGP.You are not relieved of this requirement if you abandon the permittedactivity,although you may make a good faith transfer to a thixd party in compliance with Condition "13"below,Should you wish to ceasaq to maintaintheauthorizedactivityorshouldyoudesiretoabandonitwithoutagoodfaithtransfer,you must obtain approval from thia office,which may require reatoration of the area. 12..If you sell the property associated with an act ivity uthorized bythiaGF,you must obtain the signature of the new owner,along withappropriatedocumentationtorecordthetransactionandsubmitthem to thiaofficetovalidatethetransfer'f the authorized activity.13.The District Engineer,er his designated representative(s),mustbeallowedtoinspecttheauthorizedactivityatanytimedeemednecessarytoensurethattheworkiabeingprhaabeenaccomplishedinacdordance with the terms and conditions of phis GP. 14.No activity authorized By the GP ghall adversely affect historic properties,If any historic properties are known to exist in tHe projectarea,the Corps shall consult with the State Historic Preservatiion Officer(SHPO)before authorization under|the GP is granted.In the case of a Federal applicant,the applicant st consult with the SHPO pri to contacting the Corps for musnersageten15.If any previously unknown historic or archeological remains whileaccomplishingtheworkauthorizedbythisGP,this office must ibanotifiedat1-800-478-2712.In the case of a Federal applicapplicantmustcontacttheSHPOaridthisoffice.The District £shall dnitiate the nacessary coordinati on with the SHPO te daterpine if theremainswarrantarecoveryeffort'or if the site ig eligible forjlisting intheNationalRegistarofHistoricPlaces.| |3| | SENT BY:Alaska District USACE +5-18-96 }2:07PM+Regulatory Branchs |1 907945 957518 6 16.The proposed activity jehall not adversely affect any}species listed as threatened or endangered under the Endangered Specias Act of 1973 (Act),as amended,Additionally,the proposed activity shall mot jeopardize the continued existence of any proposed species.A Federal applicant must contact the U.8./Fish and Wildlife Service regarding the presance of threatened or ered species.The Corps will bontact the Service on behalf of other clients.If it is determined that threatened or endangered species are present that an adverse effect may pecur,then the Digtrict Engineer shall initiate Section 7 consultation wifh the Service for tha particular application.The presence or subsequent discovery of a threatened,endangered or proposed species which may be affected by a permitted action or related activities may result in a delay of permit issuanca for the specific operation in order to include Section 7 consultation and/or conference,jas required by the Act.i FYORTHER INFORMATION: a.Limits of the Proposed Authorization (1)This permit does not grant any property rights or axchusive privileges., ; (2)This permit does not authorize any injury te the property or rights of.others. (3)This permit does not authorize interference with any @xisting or proposed Federal project. b.Limits of Federal Liability In issuing this permit as proposed,the Federal Government does|not asaume any liability for the following: (1)Damages to the permitted project or usaga thereof as a result of other permitted or unpermitted activities or from natural caugeg. (2)Damages to the permitted project or uses thereof as a Feault of current er future activities undertaken by or on behalf of the United States in the public interest. (3)Damages to persons,property,or to other permitted or|unparmitted activities or structures caused the activity authorized by this permit. (4)Deaign or construction deficiencies associated with th¢permitted work. (5)Damage claims associated with any future modification,|suspension, or revocation of this permit. c.Reavaluation of Permit Decision *| |This office may reavaluate its decision on this GP or specificauthorizationsofthiaGPatanytimathacircumstanceswarrant. 4 SENT BY:Alaska District USACE +5-16-96 +2:08PM 5 Regulatory Branch>1 907 345 95755%9 Circumstances that could require a reevaluation include,but are not limiced to,the follewing: (1)Authorized work fails fo comply with the terms and canditiona of the permit.: (2)Appropriate new information surfaces which this office did notconsiderinreachingthecrisispublicinterestdecision, Such a reevaluation may result in a determination that it is aypropriate to use the suspension,modification,and revocation procedures cortained in 33 CPR 325.7 or enforcement procedures such as those contained in /|33 CFR 326.4 and 326.5.The referenced enforcement procedures provide for issuance of an administrative order requiring compliance with the terms conditions of the GP and for the!)initiation of legal action whare appropriate.Anyone doing work under the GP will be required any corrective measures ordered by this office,and if there ig failure to comply with such directive,this|office may in certain situati those specified in 33 CFR 320-330)accomplish the corrective m contract or otherwise and they will be billed for the cost. PROCEDURE! The following procedures will be |required as a part of the prepbsed GP: a.All persons desiring to perform work under the proposed GP mustaubmitthefollowinginformation:a vicinity map;plan views akd typicalexoassectionsofallprojectcomponents,and a plan view of the entireproject;aerial photographs,if raasonably available;dimansiong (L x Wx®)of all £111 pads;approximate icubse yardage and acreage f£i114d for eachprojectcomponent;a verbal description of the proposed work;da statement of project purpose and intended use.Examples of typical @rawings and plans are attached to this proposed GP. b.The Corps will notify the applicant when the application isconsideredcomplete.The application is considered complete whem theapplicantsubmitstherequiredinformation,demonstrates the proposedprojectcomplieswiththetermsandconditionsoftheGP,and,iffapplicable,documents consultation with the appropriate agencies!onhistoricpropertiesandendangered,threatened and proposed species.'¢.Usually,an uthorization latter will bea sent to the pexmitteswithin15daysofreceiptofalltequiredinformation.WrittenauthorizationtoproceedmustberecaivedfromtheCorpsprior ¢commencement of work.Failure to receive this authorization wilconstituteadenialwithoutprejudiceofCorpaauthorizationunder the GP. 7 | I | i SENT BY:Alaska District USACE +5-16-96 ¢2:09PM i Regulatory Branch |1 807 343 Sa7Hi#10 The permittee shall provide the Corps with copies of final plana and asummaryoftheacreageaffected!and cubic yardage discharged upon completion of each project authorized under this GP,Copies shall be sent to:North Section,Ragulatory Branch,CENPA-CO-R-N,Post Offite Box 398, Anchoraga,Alaska 99506-0898. REPORTING REQUIREMENTS : MONITORING: Yearly,the Corps shall compile a report summarizing all authorizations under the GP,The report shall include,at minimum,the numbef of acras filled and the ameunt of cubic yardage placed in wetlands.The report shall be made available to all ting agencies and any individual who requests a copy.Comments by interested individuals shall be donsidered in the five-year evaluation.. INSPECTION: The District Engineer,or his designated representativa(s)|must be allowed to inspect the authorized activity at any time deemed necessary to angsure that the work ia being or.has been accomplished in acco the terma and conditions of this GP,In the event that work is!being or has been performed in noncompliance with this GP,appropriate shall ba takan to resolve the violation,This may include a re ebtain an individual permit,even though others in the same arak are not required to do so.Refusing access to and inspection of the authorized activities shall be considered non-compliance with tha terms anf#conditions of this GP. PENALTIES FOR VIOLATIONS: Pailure to comply with the terms and conditions of thia permit mayresultinsuspensionofthework,revocation of the permit,removal of dredged and/or fil]material or other structures,directed restgration of wetlands,and/or impositions of penalties as provided by law. The discharge of £111 material not in accordance with tha térits and conditions of the proposed GP will be a viclation of Saction 301]of the Clean Water Act (33 U.S.C.1319),:-and upon conviction thereof i punishable,in accordance with Section 305 of the Claan Water Act,by a fine of not less than $2,500,nor:more than $25,000,per day of Wiolation,er by imprisonment of not more than one year,or beth.That individualwillalsobesubjecttoacivilpenaltymottoexceed$25,000 par day oftheviolation. EXTENSION,MODIFICATION AND REVOCATION OF THIS GENERAL PERMIT This GP may be revoked by igsuance of a Public Notice at any time the District Engineer (DE)determines that the singular or cumulativa effacts ef the activities authorized herein ara having an unacceptable adversa impact upon the public interest.Following such revocation,allinew 6 SENT BY:Alaska District USACE +5-16-96 +2:09PM ;Regulatory Branch-1 907 345 35755811 applications shall be processed under iridividual permit applic authorized activities should be revoked,suspended,or modified. This GP shall be effective for a period of five years. time,it may be modified by the Dz if he determines that the s effecta upon the public interest.Ouring the fifth year,this |GP and the work authorized under it will be reviewed to determine if it a modified,extended,or discontinued. FOR THE DISTRICT ENGINEER: Date Don M.Kohler,Chief |Project Evaluation Section -Nort Regulatory Branch Alaska District,Army Corps of ineera JAN-306-96 TUE 26:01 MORTENSEN.ANCHORAGE.AK 1 907 345 3575 P.61 ENGINEERING SURVEYINGSENTVIAFAX,2 PAGES PLANNING PROJECT MANAGEMENT(907)269-4685 January 30,1996 State of Alaska Department of Community & Regional Affairs Division of Energy 333 W.4th Ave.,Suite 220 Anchorage,Alaska 99501-2341 Attn:Mr.David Lockard,Program ManagerInstitutionalConservationProgram Re:Army Corps of Engineers,Section 404 Tank Farm General Permit. Dear Mr.Lockard: This letter is a follow-up to our phone conversation of this afternoon which concerned the meeting I attended today at the U.S.Army Corps ofEngineers,Regulatory Branch on Elmendorf A.F.B.The purpose of themeetingwastopresentanddiscusstheproposalforaCorpsSection404GeneralPermitforfillplacementintowetlandsforvillagefuel storage tank farms. Attending the meeting for the Corps were Don Kohler,Assistant Chief of the Regulatory Branch,and staff members Harry Baij and Victoria Taylor.We discussed the scope of the proposed General Permit (GP)and the general regulatory and environmental issues that would be associated with a GP for fuel storage tank farms. The purpose of the meeting was to make the initial presentation to the Corps for initiating the GP review process.I expected no decisions by the Corps as ae result of this meeting,and none were made.The initial response of the Corps was favorable to the proposal,and Don Kohler stated at the end of the meeting that they were very interested in proceeding further.At this point the Corps will internally review and discuss proposed GP. Additional Information During the meeting the Corps requested that the following general information be provided: 1.Is there an list of individual villages that have been identified or scheduled as needing either upgrades or new tank farms in the next year or two? 139 East 51st Avenue,Suite B *Anchorage,Alaska 99503-7205 *Phone:(907)562-1830 *Facsimile:(907)562-1831 JAN-348-96 TUE 20:02 MORTENSEN.ANCHORAGE,AK 1 907 345 3575 P.62 David Lockard Page 2 of 2 1/30/96 2.If there is presently no list of villages,can regional areas of needed work be identified?For example,the Bristol Bay region,the Yukon-Kuskokwim Delta,Norton Sound area,Kobuk River area,etc. 3.How is the needed work identified and prioritized?What is the selection process,and what are the criteria for ranking when and what work needs to be done? The purpose of these questions is not regulatory,but ratherinformational.The Corps just wants some more information on thisDivisionofEnergyprogran.It would be desirable to give the requested information to the Corps within a week in order to keep theprocessmoving. Please contact me at 345-5789 or fax 345-3575 for discussions or additional information. Sincerely Vee.Nd Wooo Thomas W.Mortensen 95-059 ec:Scott Hattenburg Wiley Wilhelm 1/16/96 PROPOSED CORPS GENERAL PERMIT FOR WORK ASSOCIATED WITH VILLAGE BULK FUEL STORAGE FACILITIES Proposal to authorize under Sections 10 and 404 by a General Permit (GP)the placement of fill into waters of the U.S.or wetlands.The proposed authorization would be for work associated with the new construction,relocation,or upgrade of bulk fuel transfer,storage, distribution,and dispensing facilities.The proposed authorization would also include fill for associated support facilities and roads. The proposed authorization would be for bulk fuel facilities that serve and are located within villages throughout Alaska. DESCRIPTION OF PROPOSED ACTIVITY The proposed GP would authorize the placement of dredged and fill material into waters of the U.S.,including wetlands,and the placement of structures in navigable waters,associated with the new construction,relocation,or upgrade of facilities for the transfer, storage,distribution,and dispensing of bulk fuel,along withassociatedsupportilitiesincludingroads,that serve and arelocatedwithincommunities,primarily-in areas,throughout Alaska.The use of the fuel is primarily for space heating and power generation within the village,and for the fueling of vehicles, aircraft,and vessels. The authorized activities also include the dredging or excavation of sand,gravel,and rock materials from waters of the U.S.,including wetlands,for the express purpose of constructing the proposed work authorized by this GP. The proposed GP would authorize the placement of dredged and fill material into waters of the U.S.,including wetlands,for a combined typical area of 0.7 acres and a maximum area of 2.0 acres for the following project components: 1.Structural fills for the support of bulk fuel storage tanks,and fill for the construction of secondary containment dikes and structures.The typical area required is approximately a 0.25 acre footprint.The maximum area required is a 1.0 acre footprint. 2.Fills for associated structures and activities directly relatedtotheoperationandmaintenanceofthebulkfuelstoragefacilityincluding;piping,pumps,buildings,equipment storage includingprotectedandsecurestorageforoilspillresponseequipment,vehicle parking,and security fencing.The typical area required is approximately a 0.25 acre footprint.The maximum area requiredisa0.5 acre eeNekTimfsoepropegarda rei nel to theentrenesctot"pled foe!lerk ferns 3.Fills for a fuel dispensing station,including fills for dispensing fuel tanks,associated secondary containment dikes andstructures,piping,buildings,and security fencing.The typical area required is approximately a 0.1 acre footprint.The maximum area required is a 0.25 acre footprint. 4.Fills associated with fuel transfer and dispensing pipelines. The typical area required is approximately a 0.1 acre footprint. The maximum area required is a 0.25 acre footprint. These activities do not include the new construction or upgrade of facilities for the direct commercial sale of fuels and lubricants to mmercial marine fishing or fish processing vessels. The proposed GP would authorize activities under Section 10 of the Rivers and Harbors Act,Section 404 of the Clean Water Act,and Section 401 (Certificate of Reasonable Assurance)of the Clean Water Act. It is not the intent of this proposal to consider projects in major population centers such as the Municipality of Anchorage,Fairbanks,Juneau,Sitka,Ketchikan,Kenai,Homer,Seward,or Petersburg.Projects located in these localities and in others of similar size,-if--it-is_determined-that-the-prepes eneral and -special _conditiens-of--theGP,the--prepesed--prejece will undergo thepre-application procedures for this GP. REQUIREMENTS FOR GP USE If the proposed work does not meet the requirements of the terms and conditions,the GP will not apply,and the GP lication will beprocessedasanapplicationforanindividual@A)permit under thestandardprocessingproceduresandPublicNotice]per 33 CFR 325.2. dof ne Dept,of ArmySPECIALCONDITIONS 1.The dimensions of all fills shall be the smallest necessary for the intended purpose,and represent the least damaging practicable alternative,therefore conforming to the 404(b)(1)guidelines. Complete projects with total filled footprints of 2 acres or less excluding access roads,and access roads of 2,000 linear feet or less in combined length,shall be authorized by this proposed GP.Projectswhichexceedtheselimitswillundergothepre-application review for this GP. 2.The fill must consist of clean,uncontaminated material,or petroleum contaminated material that has been treated and meets ADEC cleanup standards for reuse,and other ADEC requirements on the use of contaminated material in effect at the time. sv 3.Projects proposing placement of fill within 100 feet of theordinaryhighwatermarkorhightidelineofanyopenwaterbody,including streams,sloughs,rivers,ponds,lakes,estuaries,and marine waters,will undergo the pre-application review.This specialconditiondoesnotincludepermanentlyfloodedemergentwetlands. 4.Projects not located in what are generally considered wurstcommunitieswillundergothepre-application review.2Jefe vuy }a 5.Fuel storage facilities shall meet the state and federal requirements for storage and handling. 6.Natural drainage patterns shall be maintained by the proper placement of culverts and other drainage structures into fills. 7.Fills shall be stabilized and maintained to minimize erosion and sedimentation into adjacent waters wk we Ss.-j thane ne]mentee Lrg lertes gernitkShaKB8.applicants (BUSD contact the usFis and NMFS regarding the potentialexistenceofthreatenoBFendangeredspeciesattheprojectsite.TT nelle tme [iw yesporse P 4 day ws9.The proposed GP does not sipersede activities currently covered byDAnationwidepermits.DA nationwide permits may be used in conjunction with the activities authorized by this GP. 10.No activities may be constructed in waters specified as being important for the spawning,rearing,or migration of anadromous fishunderAS16.05 .870 (af)without the prior authorization of the AlaskaDepartmentofFishandGame.No activities shall be conducted ina fish stream which could interfere with the free upstream and downstream passage of fish without the prior authorization of the Alaska Department of Fish and Game. REVIEW PROCEDURES The authorization to proceed with work under this GP will require the prior review and approval of the U.S.Army Corps of Engineers. The information submitted to the Corps must include the following: 1.Vicinity map and plans that show the proposed fill and structures to be built in plan and cross section,including dimensions. 2.The quantity of the fill to_be used in cubic yards,the total area to be filled in square feet,(of which)the total area in square feet of waters or wetlands to be filled. 3.The purpose of the proposed fills shall be described. 4.The name and location of the nearest waterbody,as well as anyknowndrainagesimmediatelyadjacenttotheproposedwork. The application is considered complete when the applicant submits the required information,demonstrates the proposed project complies with the terms and conditions of the GP,and documents the initial consultation with the appropriate agencies on endangered species. When the DA determines the application is complete,the DA will review the application for a period of (?)days.At the end of the (?)dayreviewperiod,the DA will issue the permit if the proposed project meets the statutory and regulatory requirements. PRE-APPLICATION REVIEW PROCEDURES For proposed work that would be larger than the maximum 2 acre area footprint in waters of the U.S.or wetlands,and/or access roads exceeding 2,000 feet in length,or placement of fill material within 100 feet of a waterbody,or projects located in other than rural villages,or other project elements that do not fit the parameters of the special conditions of the GP,then pre-construction notification shall be required.. POST CONSTRUCTION REPORT The applicant shall provide copies of plans (both cross sections and plan views),including a summary of the acreage affected,to the DA when each project authorized under this GP is completed. OY. Dard >commecty De ved IIE PROPOSED ACMP GENERAL CONCURRENCE GC-(?)1/16/96 Applicability yee subject,verb)DRAFT To proposed COE GP authorizing placement of fill under Sections 10 and 404 into waters or wetlands associated with the new construction, relocation,or upgrade of bulk fuel facilities in villages. Description of Activity A No verbActivitiesassociatedwiththenewcontruction,relocation,and upgrade of bulk fuel transfer,storage,distribution,and dispensing facilities,along with associated support facilities including roads, that serve and are located within villages throughout Alaska.These activities do not include the new construction or upgrade of facilities for the direct commercial sale of fuels and lubricants to marine vessels.The General Concurrence is limited to discharge of dredge fill material,or the placement of other structures or er work ds authorized by the Corps of pngineer (COE)GeneralPermitGP-(?).Something wer bg w/th\¢TenTener The COE GP-(?)authorizes the dredging and excavating of material,and the placement of dredged and fill material into waters of the U.S., including wetlands,and the placement of structures in navigable waters,associated with the new construction,relocation,or upgrade of facilities for the transfer,storage,distribution,and dispensingofbulkfuelinglocationsthroughoutAlaska,primarily-in(rural areas. The COE GP-(?)also authorizes the dredging or excavation of sand, gravel,and rock materials from waters of the U.S.,including wetlands,for the express purpose of constructing the proposed work authorized by COE GP-(?). Permits:Temporary Water Use Permit (DNR) Permit to Appropriate Water (DNR) Land Use Permit (DNR) Right-of-Way Permit (DNR) Material Sale (DNR) Tideland Permit (DNR) Lease (DNR) Fish Habitat Permit (DFG)Croel ertractton?CIrn COE GP.) GP-(?)(COE) Section 10 of the Rivers and Harbors Act (COE) Section 404 of the Clean Water Act (COE) Certificate of Reasonable Assurance,401 (DEC) Nationwide Permit 3 (COE) Nationwide Permit 12 (COE) Nationwide Permit 13 (COE) Nationwide Permit 14 (COE) Nationwide Permit 18 (COE) Nationwide Permit 19 (COE) Region:Statewide Procedure Verification that proposed activity is authorized by or GP-(?). Consult with the State Historic Preservation Office (SHPO)so that known historic,archaeological and paleontological sites may be avoided. Conformamee with provisions of the State Endangered Species Act, federal Endangered Species Act,federal Marine Mammal Protection Act. Standard Conditions Pre-construction review of the proposed project shall be required for proposed work that would be larger than the maximum 2 acre area foot footprint,and associated access roads exceeding 2,000 feet in length. Lockard,David From:Marchegiani,Eric To:Lockard,David Cc:Tarrant,Bert;Marchegiani,Eric;St.Aubin,Joel;Emerman,Richard;Ganthner,TerriSubject:COE GENERAL PERMIT/Questions by the CorpsDate:Wednesday,January 31,1996 9:32AM David, Concerning the two items raised by the Corp. 1.First off the areas of the state that the projects will be constructed in varies.There is no definitive area that we plan to work in.In other words there is no geographic preferrence.One may wish to note that very little if any major bulk fuel work is expected to occurr in Southeast Alaska since most of those areas are the responsibility of private entities and we have not had a large number of request for assistance in that area.Additionally,we have not done much on the North Slope Borough since they have their own funding and requirements and have seemed to do what they need to without our assistance. Generally if someone can do it themselves we don't wish to interfere.Beyond that,|would expect that the projects could occurr in almost any rural community in the state. 2.How do we decide which areas/communities will be selected for these projects? A.First off,we have a management committee that meets about every two weeks to review new projects that are being raised.In addition the new projects or complete tank farm upgrades usually require major federal funding which we then match (ie CDBG,HUD,ANA,or other)which is a selection process unto itself ie.if there is money available to be matched then we move forward and do so to construct the project. B.We also are continuing to pursue the Rural Energy Initiative,which would include approximately$10M per year with a $10M per year match on the part of the state.There is no guarantee on this funding but if it does come through we are using our previous funding as our match for the first $10M; therefore in the first year we would only have $10M.Once that funding was available then the management committe would need to meet to decide which areas/communities would need to be addressed first.Subsequent years for matches would depend upon the legislature's desire to fund the match. C.We also are working with Calista/NUCI which is trying to obtain outside financing (initially $5M)to construct 5 to 7 consolidated tank farms in that many communities.We may get involved to the extent that the design/engineering and permiting may be done through our Division on behalf of Calista/ NUCI/the particular community. D.there are other areas that we have funded but those entities have decided to obtain their own permits so |do not believe that we will be working on the permitting for those areas. REE EKREKEHEKRAEEERHEKEHEKEHEEKEHREEHREEKRHEHEEHREHRHREEHREEHREEKEKRHKKHRHKEKRHEKRHRHRHKESE I'm not sure if this covers all the bases but hopefully it does put things in perspective for the Corps.PleasefeelfreetofaxthisovertoTomandifhewisheshecanselectivelyusetheinformationasheneedsto with the Corps.If there are any other questions drop me another message or stop by and see me.Thanks. ERIC From:Lockard,David To:Marchegiani,Eric;St.Aubin,Joel Subject:COE GENERAL PERMIT Date:Tuesday,January 30,1996 4:50PM |just got a call from Tom Mortenson of LCMF.He met with the COE and found them to be very receptivetotheideaofageneralpermit.They had a couple questions: -What areas of the state will these projects be in? -What is the Division's process for deciding which projects to build? Page 1 Post-it®Fax Note 7671 bm)77)eTTowMovtencanremNavidoekay Co./Dept.Ak Div.rf FierPhone#Phone #269-5d) OY DUS 9S PS ree 2EI-46S5 STATE OF AASIVA |sons cen OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENTAND BUDGETDIVISIONOFGOVERNMENTALCOORDINATION PIPELINE COORDINATOR'S OFFICE 411 W.4"Avenue,Suite 2C ANCHORAGE,AK 99501-2343 PH:(907)271-4317/FAX:(907)272-0690 March 1,1999 Georgeanne Reynolds U.S.Army Corps of Engineers P.O.Box 898 Anchorage,AK 99506-0898 Dear Ms.Reynolds: SUBJECT:Village Bulk Fuel Storage Facilities Proposed General Permit 96-07 Proposed Consistency Determination STATE LD.NO.AK9803-030G (formally AK9611-030G) The Division of Governmental Coordination (DGC)is restarting the Alaska Coastal Management Program (ACMP)review of the Village Bulk Fuel Facilities,General Permit 96-07 today with the issuance of this proposed Consistency Determination. Project Description The District Engineer,Alaska District,U.S.Army Corps of Engineers (COE),is proposing to issue General Permit 96-07 (GP96-07)under authority of Section 404 of the Clean Water Act. GP96-07 would authorize the placement of fill material in waters of the U.S.,including wetlands, statewide for the purpose of new construction,replacement,relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska. Activities covered under the proposed GP96-07 would include the discharge of fill,material and excavation.Activities,such as land-clearing,ditching and back-filling in wetlands for the purpose of new construction,relocation,replacement,consolidation,or upgrade of facilities for the transfer,storage,distribution,and dispensing of bulk fuel.Along with associated support features,including roads would be covered._ The proposed GP would authorize placement of an un-quantified amount of fill in up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000 feet in length;1)for structural fills for the support of bulk fuel storage tanks;2) for the construction of secondary containment dikes and structures;3)for piping,pumps, GP96-07,Village Bulk Fuel 2G.Reynolds,COE,3/1/99 AK9803-030G,pCD buildings,equipment storage (including protected and secure storage for oil spill response equipment),vehicle parking,security fencing;4)for fills for fuel dispensing stations and tanks; and,5)for fills associated with fuel transfer and dispensing pipelines. The proposed GP96-07 is intended to facilitate authorization for fuel tank farms for such uses as fueling of vehicles,aircraft,and vessels;the heating of buildings;and power generation within rural Alaska villages.The construction,replacement,relocation,consolidation,or upgrade of bulk fuel storage facilities in the following larger communities is not covered under the proposed GP96-07:Municipality of Anchorage,Palmer,Wasilla,Fairbanks,North Pole,Juneau,Douglas, Ketchikan,Wrangell,Petersberg,Sitka,Haines,Skagway,Homer,Seward,Kenai,Soldotna, Kodiak,Valdez,and Cordova. General Conditions 1 and 15 of GP96-07 require a 15 day pre-Construction Notification (PCN)if any of the following circumstances exist:(a)the footprint of the project is larger than 1 acre;(b) any fill pad must be discharged closer than 100 feet to an open water body. GP96-07 is proposed to relieve some of the administrative burden for applicants and involved agencies that would be associated with individual permit application review.GP96-07 would authorize the above referenced activities when,after consultation with federal and state regulatory and resource agencies,the District Engineer determines that the proposed class of activities would be minor,and would not have more than a minimal individual or cumulative impacts on the human environment.All activities under GP96-07 would be required to be conducted within the scope,terms and conditions of the GP.If an activity does not fall within the scope of the proposed GP96-07 or meet the requirements of the conditions,and individual Department of Army permit would be required. Although the proposed GP96-07 is designed to meet the scope of Alaska Department of Community and Regional Affairs,Division of Energy programs,other federal,state,and local governments,as well as commercial entities and individuals may apply to complete projects under this authorization.It is intended that deficiencies and violations at existing fuel storage facilities could be rectified by construction,replacement,relocation,consolidation,or upgrade of facilities for the transfer,storage,distribution,and dispensing of bulk fuel.The State of Alaska supports a regulatory program,such as the proposed GP96-07,that is administered to be responsive to the public need provided adequate safeguards are included which protect important fish and wildlife populations and habitats. This proposed consistency determination applies to the federal activity of issuing GP96-07.The proposed GP96-07 wiil not be issued until a certification or waiver of certification,as required under Section 401 of the Clean Water Act,has been received from the Alaska Department of Environmental Conservation. Scope of Review The following federal and state permits and authorizations will be required for your proposed project:: Army Corps of Engineers -Section 404 Clean Water Act (33 U.S.C.1344) GP96-07,Village Bulk Fuel 3G.Reynolds,COE,3/1/99 AK9803-030G,pCD Alaska Department of Environmental Conservation -Section 401 (for the Section 404 Permit) Consistency Determination Based on the review of your project by the Alaska Departments of Environmental Conservation, (DEC)Fish and Game (DFG),and Natural Resources (DNR)and Alaska's Coastal Districts,the state concurs with your certification that the project is consistent with the ACMP provided the conditions outlined in the following stipulations are met. The following conditions will be included on the DEC 401 Certification: Pre-Construction Notification Threshold: 1.A Pre-construction Notification (PCN)must be distributed to the Departments of Environmental Conservation,Fish and Game,Natural Resources,and the Division of Governmental Coordination if the footprint of the project (not including access roads)is larger than 1 acre. Fuel Facilities: 2.Water discharged from the containment area,and runoff water from fuel dispensing facilities, must meet the Alaska Water Quality Standards.Any sheen present on the accumulated water may be removed by using sorbent pads,an oil/water separator,or other effective means prior to discharge.Materials must be available at the site to contain and clean up incidental spills and leaks. Excavation and Fill: 3.Storage,transport,and disposal of excavated materials must be managed to prevent sediment from being carried into adjacent wetlands and waters,and to prevent leachate from causing odor problems or degradation of water quality.Excavated materials must be stored and disposed at least 100'from any waterbody.Excavation of overburden must be followed by placement of fill within the shortest reasonable time,so that substrate is not left exposed for extended periods. 4.The roadway and appurtenances must be constructed to minimize sedimentation caused by erosion. Rationale:Stipulations 1-4 are necessary to protect water quality and the state's resources.[6 AAC 80.140,Air,Land,and Water Quality Standard] Advisories 1)An applicant for coverage under the General Permit is advised that a project must comply with the Alaska Fire and Life Safety Regulations (13 AAC 50-55),including referenced portions of the Uniform Fire Code;among other things,these codes address seismic and wind loading,containment area drain valve security,and installation and protection of piping.The GP96-07,Village Buik Fuel 4G.Reynolds,COE,3/1/99 AK9803-030G,pCD 2) 3) 4) 5) 6) 7) 8) 9) applicant is advised that a project also must comply with requirements of the EPA Spill Prevention,Containment and Cleanup Plan (SPCC Plan)(40 CFR Part 112),which apply to a facility with a single tank over 660 gallons and two or more tanks over 1320 gallons. Please be advised that any use of state owned land managed by the Department of Natural Resources may require a land use authorization and a separate public notification process. This includes use of state owned uplands,tidelands or submerged lands.Questions about state land ownership may be directed to the Alaska Department of Natural Resource's Public Information Office at (907)269-8400. DEC advises the applicant that a bulk fuel storage facility with a capacity of 10,000 barrels or greater is subject to regulation and certain approvals by the Department of Environmental Conservation in accordance with Alaska Statutes (AS 46.04). The applicant is advised that any release of petroleum products to land or water must be reported to the Department of Environmental Conservation at the following telephone numbers,in accordance with Alaska Statutes (AS 46.03.755 -AS 64.09.010). DAYTIME (EXCEPT HOLIDAYS): Fairbanks:(907)451-2121 Anchorage:(907)269-7500 Juneau:(907)465-5340 AFTER HOURS AND HOLIDAYS:800-478-9300 Materials must be available at the site to contain and clean up incidental spills and leaks. Seismic activity and wind loading must be considered during tank design;appropriate anchors must be installed as necessary.The entire facility must be designed to withstand therigorsoftheexpectedoperatingenvironment. The containment structure must be constructed so that it can be drained of water accumulation through a secure valve with a locking mechanism to prevent unauthorized discharge. To assist in leak detection,to the extent practicable,all piping must be above ground. Examples of possible exceptions are road crossings,containment dike penetrations,and piping in utiladors.Above-ground piping must be placed on pipe supports that prevent chaffing and corrosion.Piping must be protected against vehicular damage.Piping that is placed underground must be adequately protected against corrosion. Please be advised that the subsistence tradition needs to be protected:any individual project will not adversely impact subsistence uses,remove indispensable fish or game habitat from use,or cause a decrease in the range or extent of diversity within the local ecology that the village depends upon for food.Prior to project implementation possible adverse impacts of the action on subsistence use must be analyzed and safeguards provided to assure subsistence use. 10)Please be advised that any individual proposed project within the Cenaliulnit CRSA will not interfere with,destroy,or desecrate sites,artifacts,structures,or other cultural resources. GP96-07,Village Bulk Fuel 5G.Reynolds,COE,3/1/99 AK9803-030G,pCD Further,Cenaliulriit and DNR are to be contacted should any artifacts be discovered at a development site on state land.This advisory is necessary to comply with Cenaliulriit Coastal Management Plan (CCMP)Goals 3 and 4:To have a healthy indigenous culture that meets all of the social,cultural,and economic needs of the resident population,and;to have local Yup'ik history and pre-history protected,studied,and preserved for generations. 11)The proposed siting of individual projects will not include "essential”habitats as defined by CCMP Section 8 -Fish and Wildlife Habitats.Activities that will not conform to habitats standard 8.2 through 8.9 may be allowed provided that:there is a significant public need for the proposed use,there is no feasible or prudent alternative to meet the public need,and all feasible or prudent steps to maximize conformance with standards 8.2 through 8.9 will be taken. 12)Please be advised that if the project is located within the Matanuska-Susitna Borough (MSB) it must comply with all rules applicable to any special land use district or geographic area affected,including but not limited to MSB 15,16,and 17. 13)Please be advised that if any portion of this property is located within a federally-designated Flood Hazard Area,in accordance with Matanuska-Susitna Borough (MSB)17.29.100 a Development Permit is required,a permit is required before any development begins in Zone A.17.29.040 defines development as "any man-made change to improved or unimproved real estate,including but not limited to buildings or other structures,mining,dredging,filling, grading,paving,excavation ort drilling operations located within the area of special flood hazard.” 14)The Kenai Peninsula Borough (KPB)advises potential applicants that KPBCMP Policy 13.2 a.Storage of Petroleum Products and Other Substances states:To the extent feasible and prudent,facilities for the storage...ofpetroleum products..exceeding 660 gallons capacity shall not be sited within the 100 year floodplain.1n circumstances where alternative sites outside of the 100 year floodplain are not available,a KPB Floodplain permit would be required to satisfy Borough Code,Chapter 21.06 Floodplain Management and KPBCMP Enforceable Policy 3.2 Floodway and Floodplain Development 15)Please be advised that although the state has found the project consistent with the ACMP, based on your project description and any stipulations contained herein,you are still required to meet all applicable local,state and federal laws and regulations.Your consistency determination may include reference to specific laws and regulations,but this in no way precludes your responsibility to comply with other applicable laws and regulations. 16)If changes to the approved project are proposed prior to or during its siting,construction,or operation,you are required to contact this office immediately to determine if further review and approval of the revised project is necessary.If the actual use differs from the approved use contained in the project description,the state may amend the state approvals listed in this consistency determination. 17)Should cultural or paleontological resources be discovered as a result of this activity,we request that work which would disturb such resources be stopped,and that the State Historic Preservation Office (269-8720)and the U.S.Army Corps of Engineers (COE)(753-2712)be contacted immediately so that consultation per section 106 of the National Historic GP96-07,Village Bulk Fue!6G.Reynolds,COE,3/1/99 AK9803-030G,pCD Preservation Act may proceed. 18)This consistency determination does not obligate DNR to issue authorization under AS 38.05, nor does it supersede the statutory obligations thereunder.You may not proceed with any specific land use activity on subject State lands until authorized by DNR/Division of Lands. Authorities outside the 6 AAC 50 may result in additional permit/lease conditions not contained in this consistency determination. Elevation You must respond within five calendar days of your receipt of this proposed determination to indicate whether or not you concur with this determination.If you,the applicant,are not prepared to concur within the five-day period,you may either: (a)request an extension of the review schedule pursuant to 6 AAC 50.110(b)(8)if you need more time to consider this determination,or (b)request that the state reconsider this determination,by submitting a written statement requesting "elevation"of the determination,describing your concerns, and proposing an alternative consistency determination.This alternative determination must demonstrate how your project is consistent with the referenced standards of the ACMP and district policies. Other review participants with elevation rights pursuant to 6 AAC 50.070(j)may also request an elevation if they submit the information required in (b)above to DGC within five calendar days of receipt of the proposed determination. Petition A citizen of an affected coastal district,who submitted written consistency comments on this project that were received on or before the comment deadline established in accordance with 6 AAC 50.070(e),may file a petition to the Coastal Policy Council under AS 46.40.096(e).Fora petition filed under AS 46.40.096(e),AS 46.40.100(b)(1)provides the Council with the authority to determine whether the state agency responsible for coordinating the consistency review has fairly considered the petitioner's comments regarding the affected coastal district's management program in the development of the proposed consistency determination. A petition filed pursuant to AS 46.40.096(e)must be filed with this office within five calendar days of the issuance of the proposed consistency determination (5:00 p.m.on March 8,1999). The petition must: (a)include the petitioner's previous written comment on the consistency of the project; (b)describe how the petitioner believes his or her comments regarding the affected coastal district's coastal management program were not fairly considered by the coordinating agency in the development of the proposed consistency finding;and GP96-07,Village Bulk Fuel 7G.Reynolds,COE,3/1/99 AK9803-030G,pCD (c)provide the petitioner's mailing and street address,telephone number and,if available,fax number. Judicial review of a final consistency determination,where otherwise available by law,may be sought by a party without first having exhausted the petition process. If DGC does not receive a request for extension or an elevation statement from you,the applicant,or any other review participant with elevation nights,or a petition froma citizen of an affected coastal district,meeting the requirements outlined above within the deadlines specified above,this proposed consistency determination will be issued as a final consistency determination. Thank you for your cooperation in this review process.Please contact me by calling 271-4317 or by Fax at 272-0690,or by E-mail:gpavia@jpo.doi.gov if you have any questions regarding this review. vee D> EugenegGene)Pavia Sincerely, Project Review Coordinator Enclosures:copy of 2/26/1999 version of GP96-07 Distribution:ACMP Review Participants Coastal District Representatives and interested parties: Tina Anderson,Aleutians East Borough Karol Kolehmainen,Aleutians West CRSA Thede Tobish,Municipality of Anchorage Maxine Thompson,Mayor,City of Angoon Saline Haven,Annette Island Metlakatla Indian Community Chuck Degnan,Bering Straits CRSA John Malone,City of Bethel Arne Enickson,Bristol Bay Borough John Easton,Bristol Bay CRSA Alice Ruby,Bristol Bay CRSA Gail Alstrom,Cenaliulriit CRSA Moses Paukan,Sr.,Cenaliulritt CRSA Scott Janke,City of Cordova Sam Flora,City of Cordova Jon Bolling,City of Craig Alice Ruby,City of Dillingham Tom Healy,City of Haines Robert Pinard,City of Hoonah Adrian LeComu,City of Hydaburg Gretchen Keiser,City and Borough of Juneau Lonnie Anderson,Mayor,City of Kake GP96-07,Village Bulk Fuel 8G.Reynolds,COE,3/1/99 AK9803-030G,pCD Glenda Landau,Kenai Peninsula Borough Lisa Parker,Kenai Pennsula Borough Jennifer Carman,Ketchikan Gateway Borough Doc Waterman,City of Klawock Donna Williams,Mayor,City of Klawock Linda Freed,Kodiak Island Borough Sheila Bergey,Lake and Peninsula Borough Ken Hudson,Matanuska-Susitna Borough Randy Romenesko,City of Nome Jon Dunham,North Slope Borough Victor Karmun,Northwest Arctic Borough Ginnie Porter,City of Pelican Leo Luczak,City of Petersburg Marlene Campbell,City and Borough of Sitka Gary Paxton,City and Borough of Sitka John Mielke,Mayor,City of Skagway Bob Ward,City of Skagway Char Kirkwood,City of St.Paul John Merculief,City of St.Paul Ginny Tierney,City of Thome Bay David Dengel,City of Valdez Ann Poss,City of Whittier Carrie Williams,City of Whittier _Scott Seaberg,City of Wrangell Carol Rushmore,City of Wrangell Tom Armour,City and Borough of Yakutat Brett Meyer,City and Borough of Yakutat Village of Tatitlek Village of Chenega Susan Saupet,Cook Inlet Regional Citizen's Advisory Council Amy Boulanger,Alaska Center for the Environment /Greenpeace Pam Miller,Arctic Connections Loren Flagg,Kenai Peninsula Fishermens Association Tamara Smid,Upper Cook Inlet Development Foundation Paul Jackson,Chugachmiut Inc. Peter Van Tuyn,Trustees for Alaska Jim Glaspell,Resource Analysts Bob Shavelson,Cook Inlet Keepers Tom Mortensen,Mortensen Associates Stephanie Madsen,Aleutians Seafood Processors Association Wiley Wilhelm,LCMF. State Agencies GP96-07,Village Bulk Fuel 9G.Reynolds,COE,3/1/99 AK9803-030G,pCD Alaska Division of Governmental Coordination Glenn Gray,Juneau Kerry Howard,Juneau Alaska Department of Community and Regional Affairs Nelda Warkintin,Anchorage Eric Marchegiani,Division of Energy,Anchorage Alaska Department of Fish and Game Ellen Fritts,Deputy Director,Juneau Bill Hanson,Douglas Clayton Hawkes,Douglas Glenn Seaman,ACMP Coordinator,Anchorage Al Ott,Northern Region,Fairbanks Wayne Dolezal,Southcentral Region,Anchorage Janet Schempf,Southeast Region,Juneau Alaska Department of Environmental Conservation Dave Sturdevant,Statewide Water Quality Coordinator Alaska Department of Natural Resources Nancy Welch,Northern Region,Fairbanks Alice Iliff,Southcentral ACMP Coordinator,Anchorage Lori Landstrom,Division of Parks and Outdoor Recreation,Soldotna Janet Burleson-Baxter,Statewide ACMP Coordinator Bill Garry,Division of Parks and Outdoor Recreation,Juneau Judith Bittner,State Historic Preservation Office,Anchorage Linda Medeiros/Kim Kruse,Division of Lands Alaska Department of Transportation and Public Facilities Andy Hughs,Juneau Norm Piispanen,Fairbanks Steven Horn,Anchorage 2/26/99 GENERAL PERMIT 96-07 VILLAGE BULK FUEL STORAGE FACILITIES The Alaska District,United States (U.S.)Army Corps of Engineers,in accordance with its regulations and pursuant to Section 404 of the Clean Water Act (Public Law 95-217,33 U.S.C.1344 et.seq.),has issued General Permit (GP) 96-07 for the placement of fill material in waters of the U.S.,including wetlands,statewide for the purpose of new construction,replacement, relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska. The discharge of fill material and activities such as mechanized landclearing,ditching and backfilling in wetlands,will be authorized for the purpose of new construction,replacement,relocation,upgrade or consolidation of facilities for the transfer,storage,distribution,and dispensing of bulk fuel,along with associated support facilities including roads. The GP is intended to facilitate the authorization of fuel tank farms for such uses as fueling of vehicles,aircraft,and vessels;and the heating of buildings and power generation within rural Alaskan villages.The construction, replacement,relocation,consolidation,or upgrade of bulk fuel storage facilities in the following larger communities is not covered under the proposed GP:Municipality of Anchorage,Palmer,Wasilla,Fairbanks,North Pole,Juneau,Douglas,Ketchikan,.Wrangell,Petersburg,Sitka,Haines,Skagway,Homer,Seward, Kenai,Soldotna,Kodiak,Valdez,and Cordova. Note:Authorizations granted under this GP apply only to work subject to the regulatory authority of the U.S.Army Corps of Engineers.They do not change in any manner the requirements or the need to meet any other required Federal,State,or local governmental authorizations.In particular,any permitted facility must also comply with the pertinent sections of the most recent Uniform Fire Code (Articles 7901 and 7902);and all facilities over 1,320 gallons must also have an EPA SPCC Plan (40 CFR 112).If the work authorized under the GP is subsequently modified by any other Federal,State,or local governmental authorization,a modification of the authorization to perform activities may need to be obtained from the Corps of Engineers. The GP authorizes the placement of dredged and fill material for a total footprint of up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000'in length.The GP may be used 1)for structural fills for the support of bulk fuel storage tanks; 2)for the construction of secondary containment dikes and structures;3)for piping,pumps,buildings,equipment storage (including protected and secure storage for oil spill response equipment),vehicle parking,and security fencing;4)for fills for fuel dispensing stations and tanks;and,5)for fills associated with fuel transfer and dispensing pipelines. APPLICABILITY The proposed GP is intended for use in rural Alaskan communities for the purpose of providing fuel to the community and its residents.This GP does not authorize projects in the communities listed on page 1. If the proposed work does not meet the requirements,terms,and conditions of the GP,the GP would not apply,and the application would be processed as an individual Department of the Army permit application under standard processing procedures and public noticed,as per 33 CFR 325.2. CONDITIONS OF THE GP All activities identified and authorized by this GP shall be consistent with the following conditions: 1.The maximum combined dimensions of all fills shall not exceed two (2) acres,including access roads.The maximum combined lengths of access roads shall not exceed 2,000 linear feet.Fill in uplands and in wetlands are included in the two acre-limit.For fills with a footprint larger than 1 acre, Pre-Construction Notification (PCN)procedures must be followed (see page 6). 2.If the access roads are connected to the State road system,the permittee must contact the Alaska Department of Transportation and Public Facilities to ensure that access road and driveway widths are sufficient to meet State standards. 3.The typical side slopes of all fills shall be no greater than 2:1 (horizontal:vertical),or alternative means of stabilizing the side slopes shall be implemented,to prevent erosion and slumping.All fills shall be stabilized and maintained to minimize erosion and sedimentation into adjacent waters or wetlands. 4.Tanks shall be provided with at least one of the following mechanical or operational means to minimize the potential for tank overfilling: ®High liquid level automatic shutoff devices set to stop flow at a predetermined tank liquid level; e¢High level alarms or signals that sound or display ina mannerimmediatelyrecognizablebypersonnelconductingatransfer; e Automatic liquid level gauges; e Other effective mechanical/electrical equipment that aides in the prevention of tank overfilling;or ®Other methods which involve direct operator monitoring and intervention to prevent tank overfilling. 5.Petroleum storage tanks shall be located within a secondary containment structure that has the capacity to hold the volume of the largest tank within the containment area,plus enough additional capacity to allow for local precipitation where it will reduce the effective storage capacity.Containment structures may include berms,dikes or retaining walls that are constructed to prevent the release of spilled petroleum from the containment area,or they may 2 consist of diked or double walled tanks of less than 12,000 gallon capacity with an aggregate capacity of 40,000-gallon volume,or less.Containment structures shall be constructed of or lined with materials that are resistant enough to damage by both the products stored and the prevailing weather conditions,to maintain impermeability.Impermeable material shall completely cover the secondary containment area including the area beneath the tanks.Containment structures must meet the current Uniform Fire Code as adopted by the State of Alaska (13 AAC 50). 6.To reduce tank corrosion,the tank foundations shall be elevated or the containment area graded so that runoff flows away from and does not accumulate around the tank bottoms. "7.No equipment,vehicles or other materials shall be stockpiled or may not operate in wetlands or riparian areas,other than within the construction footprint. 8.A plan to avoid or minimize disturbance to wetland vegetation and soils, and to re-establish such vegetation when disturbance cannot be avoided shall be submitted with the application (see page 5)and subsequently implemented.Areas disturbed during site preparation,excavation,fill placement and construction must be carried out so as to minimize and contain the generation of silt and sediment that could be carried off-site or into waterbodies by surface runoff. Disturbed areas must be revegetated as soon as practicable,preferably in the - same growing season as the disturbance.Silt and sediment from site excavation and fill materials may not enter wetlands or waterbodies outside the necessary working area.Erosion protection,such as silt fences,straw bales,other effective filters,matting,or settling ponds shall be provided and remain in place until the soil is permanently stabilized.Work shall be avoided during periods of heavy precipitation. 9.To maintain long-term integrity of the permafrost,if present, sufficient fill shall be placed on the ground to provide thermal stability,or another method must be used to accomplish this requirement.Signs of thermokarsting or standing water indicate non-compliance with this condition. 10.The fill shall consist of clean,uncontaminated material,or petroleum contaminated material that has been treated and meets the Alaska Department of Environmental Conservation (ADEC)cleanup standards for reuse and other ADEC requirements on the use of contaminated material in effect at the time. 11.The permittee must demonstrate contact with a registered professional engineer and the Fire Marshall to ensure that requirements for storage and handling of fuel are met. 12.Fuel storage tanks must be located above the 100-year flood level,or must be designed to withstand a 100-year flood event when the 100-year flood has been determined for the site.If the 100-year flood level has not been determined for the site,the tank flood design shall be developed by an engineer to withstand flood levels based on anecdotal evidence,physical evidence, climatic data and good engineering judgement. 13.Culverts shall be installed and maintained to avoid interruption of natural surface drainage. 14.Reasonable precautions and controls must be used during construction to prevent incidental and accidental discharge of petroleum products.Materials must be available at the site to contain and clean up incidental spills and leaks,and must be used to contain and clean up any petroleum product spilled as a result of construction activity. 15.Except by Pre-construction Notification (p.6),no fill for the tank farm (including the containment area),nor any fill for any other support feature (e.g.,staging areas or pipeline service road/construction access roads)for the tank farm,shall be discharged within 100'of the ordinary high water mark of any running stream,or within 300'of an anadromous fish stream, with the exception of a pipeline corridor or pipeline service/construction access road.The 100'(or 300')shall consist of a natural vegetative buffer. 16.The boundaries of fill and excavation areas in wetlands must be staked or flagged prior to construction to prevent inadvertent encroachment of adjacent lands. 17.The permittee shall obtain an Alaska Department of Fish and Game Fish Habitat Permit if activities are to be conducted in waters specified as being important for the spawning,rearing,or migration of anadromous fish (AS 16.305.870),or when work is to be conducted in any water body (AS 16.05.840). 18.No project will adversely impact subsistence uses,remove indispensable fish or game habitat from use,or cause a decrease in the range or extent of diversity within the local ecology that the village depends on for food. 19.The time limit for authorizing work under this GP ends five years from the date of issuance.Authorized work must be completed within 12 months after the expiration date of this GP. -20.The lands and facilities subject to this GP shall be maintained in good condition and in conformance with the terms and conditions of this GP,as well as with the project plans.The permittee is not relieved of this requirement if he or she abandons the permitted activity,although a good faith transfer toa third party may be made in compliance with condition 21 below.Should the permittee wish to cease to maintain the authorized activity or to abandon it without a good faith transfer,approval from this office must be obtained. Restoration of the area may then be required. 21.Prior to selling the property associated with an activity authorized by this GP,the permittee must contact this office for the appropriate transfer documentation. 22.The District Engineer,or his designated representative(s),must be allowed to inspect the authorized activity at any time deemed necessary to ensure that the work is being or has been accomplished in accordance with the terms and conditions of this GP. 23.No activity authorized by the GP shall adversely affect historic properties.If any historic properties are known to exist in the project area, the Corps shall consult with the State Historic Preservation Officer (SHPO) before authorization under the GP is granted.In the case of a Federal or State applicant,the applicant must consult with the SHPO prior to contacting the Corps of Engineers for authorization. 24.If any previously unknown historic or archeological remains are discovered while accomplishing the work authorized by this GP,this office must immediately be notified at (800)478-2712.In the case of a Federal or State applicant,the applicant must contact both the SHPO and this office.The District Engineer shall initiate the necessary coordination with the SHPO to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 25.The proposed activity shall not adversely affect any species listed as threatened or endangered under the Endangered Species Act of 1973 (Act),as amended.Additionally,the proposed activity shall not jeopardize the continued existence of any proposed species under the Act.A Federal or State applicant must contact the U.S.Fish and Wildlife Service and the National Marine Fisheries Service regarding the presence of threatened or endangered species. The Corps of Engineers will contact the Service on behalf of other applicants. If it is determined that threatened or endangered species are present and that an adverse effect may occur,then the District Engineer shall initiate Section 7 consultation with the Services for the particular application.The presence or subsequent discovery of a threatened,endangered or proposed species which may be affected by a permitted action or related activities may result in a delay of permit issuance for the specific operation in order to include Section 7 consultation and/or conference,as required by the Act. PROCEDURE: The following procedures will be required as a part of the proposed GP: a.All persons desiring to perform work under the proposed GP must submit the following information:1)a vicinity map and legal description (section, township,range,meridian);2)plan views and typical cross sections of all project components,and a plan view of the entire project (Examples of typical drawings and plans are attached);3)aerial photographs (or xeroxed copies);4) a written description of the proposed work;5)a statement of project purpose and intended use;6)dimensions (L x W x H)of all fill pads;7)approximate cubic yardage and acreage to be filled for each project component;8)volume and type of materials removed;9)location of overburden disposal;10)type of fill material,and location/source,if reasonably available;11)stabilization and restoration methods;12)a description of alternative locations considered and a justification for discharge in and excavation of wetlands;13)a plan to avoid or minimize disturbance to wetland vegetation and soils and a plan for revegetation,if disturbance cannot be avoided,and 14)a description of existing fuel tank farms(how many tanks,capacity,if in use or abandoned)in the particular community. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.Under certain circumstances,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies (see PCN procedure,below). c.Usually,an authorization letter will be sent to the permittee within 15 days of receipt of all required information.Written authorization to proceed must be received from the Corps prior to commencement of work. PRE-CONSTRUCTION NOTIFICATION PROCEDURE (PCN): A PCN is required in the following circumstances:if the footprint of the project (not including access roads)is larger than 1 acre,if any fill pad must be discharged closer than 100'to an open water body,or if the Corps deems it necessary for other factors. The applicant shall submit the information listed above. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.If the GP is applicable,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies. c.The agencies and any interested parties have 15 calendar days to contact the Corps,in writing,by FAX,or by telephone,with comments on the project. One 15-day extension will be granted if any of the commenting parties request an extension.If consensus (all commenting parties and the Corps must agree) cannot be reached,either in writing,by FAX,or by telephone conversation at the end of the 15 or 30-day period,the application will be processed under individual Corps permit procedures with a separate public notice (33 CFR 325.2(a)(1-5)).Absence of response will be considered to be consent. d.If consensus is reached,the application will be issued a GP authorization.Special conditions may be added to the authorization. FURTHER INFORMATION: a.Limits of the Proposed Authorization 1.This permit does not grant any property rights or exclusive privileges. 2.This permit does not authorize any injury to the property or rights of others. 3.This permit does not authorize interference with any existing or proposed Federal project. b.Limits of Federal Liability In issuing this permit as proposed,the Federal Government does not assume any liability for the following: 1.Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. 2.Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S.in the public interest. 3.Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. 4.Design or construction deficiencies associated with the permitted work. 5.Damage claims associated with any future modification,suspension,or revocation of this permit. c.Reevaluation of Permit Decision This office may reevaluate its decision on this GP or specific authorizations of this GP at any time the circumstances warrant.Circumstances that could require a reevaluation include,but are not limited to,the following: 1.Authorized work fails to comply with the terms and conditions of the permit. 2.Appropriate new information is presented which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension,modification,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.The referenced enforcement procedures provide for the issuance of an administrative order requiring compliance with the terms and conditions of the GP and for the initiation of legal action where appropriate.Anyone doing work under the GP will be required to pay for any corrective measures ordered by this office,and if there is failure to comply with such directive,this office may in certain situations (such as those specified in 33 CFR 209.170)accomplish the corrective measures by contract or otherwise,or may bill the permittee for the cost. MONITORING AND REPORTING Annually,the Corps of Engineers shall compile a report summarizing all authorizations under the GP.The report shall include,at a minimum,the number of acres filled and the cubic yardage of fill placed in wetlands.The report shall be made available to all commenting agencies and any interested party upon request.Comments by interested parties shall be considered in the five-year evaluation. Within 90 days of completion of each project authorized under this GP,the permittee shall provide the Corps with copies of final as-built plans,a summary of the acreage affected,and cubic yardage of fill discharged.Copies shall be sent to:North Section,Regulatory Branch,CEPOA-CO-R-N,Post Office Box 898,Anchorage,Alaska 99506-0898. PENALTIES FOR VIOLATIONS: Failure to comply with the terms and conditions of this permit may result in suspension of the work,revocation of the permit,removal of dredged and/or fill material or other structures,directed restoration of wetlands,and/or impositions of penalties as provided by law. The discharge of fill material not in accordance with the terms and conditions of the proposed GP will be a violation of Section 301 of the Clean Water Act (33 U.S.C.1319),and upon conviction thereof is punishable,in accordance with Section 309 of the Clean Water Act,by a fine of up to $50,000, per day of violation,or by imprisonment of not more than three years,or both. 7 Pursuant to Section 12 of the Rivers and Harbors Act,civil penalties,including fines of not less than $500 and not more than $2,500 per day of the violation, or imprisonment of up to one year,or both,may be levied against any person who violates Section 10 of the Rivers and Harbors Act. EXTENSION,MODIFICATION AND REVOCATION OF THIS GP This GP may be revoked by issuance of a Public Notice at any time the District Engineer (DE)determines that the singular or cumulative effects of the activities authorized herein are having more than minimal adverse effect on the public interest.Following such revocation,all new applications shall be processed under individual permit application review procedures,and the DE shall decide on a case-by-case basis if previously authorized activities should be revoked,suspended,or modified. This GP shall be in effect for a period of five years.During the fifth year,this GP and the work authorized under it will be reviewed to determine if it should be modified,extended,or discontinued. FOR THE DISTRICT ENGINEER: Date Don M.Kohler,Chief North Section Regulatory Branch Alaska District,Army Corps of Engineers CONCUR CEPOA-CO Reynolds/cmm/3-2716 GLR(GP96-7)/3 Feb 98 GP 96-07 STAIIE OF ALUNSIVN |someones vemos OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION PIPELINE COORDINATOR'S OFFICE 411 W.4”Avenue,Suite 2C ANCHORAGE,AK 99501-2343 PH:(907)271-431 7/FAX:(907)272-0690 March 8,1999 Georgeanne Reynolds U.S.Army Corps of Engineers P.O.Box 898 Anchorage,AK 99506-0898 Dear Ms.Reynolds: SUBJECT:Village Bulk Fuel Storage Facilities Proposed General Permit 96-07 Final Consistency Determination STATE I.D.NO.AK9803-030G (formally AK9611-030G) The Division of Governmental Coordination (DGC)has completed the Alaska Coastal Management Program (ACMP)review of the Army Corps of Engineers'consistency determination for the Village Bulk Fuel Facilities,General Permit 96-07. Project Description The District Engineer,Alaska District,U.S.Army Corps of Engineers (COE),is proposing to issue General Permit 96-07 (GP96-07)under authority of Section 404 of the Clean Water Act. GP96-07 would authorize the placement of fill material in wetlands and available uplands, statewide for the purpose of new construction,replacement,relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska. Activities covered under the proposed GP96-07 would include the discharge of fill,material and excavation.Activities,such as land-clearing,ditching and back-filling in wetlands for the purpose of new construction,relocation,replacement,consolidation,or upgrade of facilities for the transfer,storage,distribution,and dispensing of bulk fuel.Along with associated support features,including roads would be covered. The proposed GP would authorize placement of an un-quantified amount of fill in up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000 feet in length;1)for structural fills for the support of bulk fuel storage tanks:2) for the construction of secondary containment dikes and structures;3)for piping,pumps, GP96-07,Village Bulk Fuel 2 G.Reynolds,COE,3/8/99 AK9803-030G,fCD buildings,equipment storage (including protected and secure storage for oil spill response equipment),vehicle parking,security fencing;4)for fills for fuel dispensing stations and tanks; and,5)for fills associated with fuel transfer and dispensing pipelines. The proposed GP96-07 is intended to facilitate authorization for fuel tank farms for such uses as fueling of vehicles,aircraft,and vessels;the heating of buildings;and power generation within rural Alaska villages.The construction,replacement,relocation,consolidation,or upgrade of bulk fuel storage facilities in the following larger communities is not covered under the proposed GP96-07:Municipality of Anchorage,Palmer,Wasilla,Fairbanks,North Pole,Juneau,Douglas, Ketchikan,Wrangell,Petersberg,Sitka,Haines,Skagway,Homer,Seward,Kenai,Soldotna, Kodiak,Valdez,and Cordova. General Conditions 1 and 15 of GP96-07 require a 15 day pre-Construction Notification (PCN)if any of the following circumstances exist:(a)the footprint of the project is larger than 1 acre;(b) any fill pad must be discharged closer than 100 feet to an open water body. GP96-07 is proposed to relieve some of the administrative burden for applicants and involved agencies that would be associated with individual permit application review.GP96-07 would authorize the above referenced activities when,after consultation with federal and state regulatory and resource agencies,the District Engineer determines that the proposed class of activities would be minor,and would not have more than a minimal individual or cumulative impacts on the human environment.All activities under GP96-07 would be required to be conducted within the scope,terms and conditions of the GP.If an activity does not fall within the scope of the proposed.GP96-07 or meet the requirements of the conditions,and individual Department of Army permit would be required. Although the proposed GP96-07 is designed to meet the scope of Alaska Department of Community and Regional Affairs,Division of Energy programs,other federal,state,and local governments,as well as commercial entities and individuals may apply to complete projects under this authorization.It is intended that deficiencies and violations at existing fuel storage facilities could be rectified by construction,replacement,relocation,consolidation,or upgrade of facilities for the transfer,storage,distribution,and dispensing of bulk fuel.The State of Alaska supports a regulatory program,such as the proposed GP96-07,that is administered to be responsive to the public need provided adequate safeguards are included which protect important fish and wildlife populations and habitats. This proposed consistency determination applies to the federal activity of issuing GP96-07.The proposed GP96-07 wiill not be issued until a certification or waiver of certification,as required under Section 401 of the Clean Water Act,has been received from the Alaska Department of Environmental Conservation. Scope of Review The following federal and state permits and authorizations will be required for your proposed project: Army Corps of Engineers -Section 404 Clean Water Act (33 U.S.C.1344) GP96-07,Village Bulk Fuel 3G.Reynolds,COE,3/8/99 AK9803-030G,fCD Alaska Department of Environmental Conservation -Section 401 (for the Section 404 Permit) Consistency Determination Based on the review of your project by the Alaska Departments of Environmental Conservation, (DEC)Fish and Game (DFG),and Natural Resources (DNR)and Alaska's Coastal Districts,the state concurs with your certification that the project is consistent with the ACMP provided the conditions outlined in the following stipulations are met. The following conditions will be included on the DEC 401 Certification: Pre-Construction Notification Threshold: 1.A Pre-construction Notification (PCN)must be distributed to the Departments of Environmental Conservation,Fish and Game,Natural Resources,and the Division of Governmental Coordination if the footprint of the project (not including access roads)is larger than 1 acre. Fuel Facilities: 2.Water discharged from the containment area,and runoff water from fuel dispensing facilities, must meet the Alaska Water Quality Standards.Any sheen present on the accumulated water may be removed by using sorbent pads,an oil/water separator,or other effective means prior to discharge.Materials must be available at the site to contain and clean up incidental spills and leaks.. Excavation and Fill: 3.Storage,transport,and disposal of excavated materials must be managed to prevent sediment from being carried into adjacent wetlands and waters,and to prevent leachate from causing odor problems or degradation of water quality.Excavated materials must be stored and disposed at least 100'from any waterbody.Excavation of overburden must be followed by placement of fill within the shortest reasonable time,so that substrate is not left exposed for extended periods. 4.The roadway and appurtenances must be constructed to minimize sedimentation caused by erosion. Rationale:Stipulations 1-4 are necessary to protect water quality and the state's resources.[6 AAC 80.140,Air,Land,and Water Quality Standard] Advisories 1)An applicant for coverage under the General Permit is advised thata project must comply with the Alaska Fire and Life Safety Regulations (13 AAC 50-55),including referenced portions of the Uniform Fire Code;among other things,these codes address seismic and wind loading,containment area drain valve security,and installation and protection of piping.The GP96-07,Village Bulk Fuel 4 G.Reynolds.COE,3/8/99 AK9803-030G,fCD 2) 3) 4) 5) 6) 7) 8) 9) applicant is advised that a project also must comply with requirements of the EPA Spill Prevention,Containment and Cleanup Plan (SPCC Plan)(40 CFR Part 112),which apply to a facility with a single tank over 660 gallons and two or more tanks over 1320 gallons. Please be advised that any use of state owned land managed by the Department of Natural Resources may require a land use authorization and a separate public notification process. This includes use of state owned uplands,tidelands or submerged lands.Questions about state land ownership may be directed to the Alaska Department of Natural Resource's Public Information Office at (907)269-8400. DEC advises the applicant that a bulk fuel storage facility with a capacity of 10,000 barrels or greater is subject to regulation and certain approvals by the Department of Environmental Conservation in accordance with Alaska Statutes (AS 46.04). Please be advised that any release of petroleum products to land or water must be reported to the Department of Environmental Conservation at the following telephone numbers,in accordance with Alaska Statutes (AS 46.03.755 -AS 64.09.010). DAYTIME (EXCEPT HOLIDAYS): Fairbanks:(907)451-2121 Anchorage:(907)269-7500 Juneau:(907)465-5340 AFTER HOURS AND HOLIDAYS:800-478-9300 Materials must be available at the site to contain and clean up incidental spills and leaks. Seismic activity and wind loading must be considered during tank design;appropriate anchors must be installed as necessary.The entire facility must be designed to withstand the rigors of the expected operating environment. The containment structure must be constructed so that it can be drained of water accumulation through a secure valve with a locking mechanism to prevent unauthorized discharge. To assist in leak detection,to the extent practicable,all piping must be above ground. Examples of possible exceptions are road crossings,containment dike penetrations,and piping in utiladors.Above-ground piping must be placed on pipe supports that prevent chaffing and corrosion.Piping must be protected against vehicular damage.Piping that is placed underground must be adequately protected against corrosion. Please be advised that the subsistence tradition needs to be protected:any individual project will not adversely impact subsistence uses,remove indispensable fish or game habitat from use,or cause a decrease in the range or extent of diversity within the local ecology that the village depends upon for food.Prior to project implementation possible adverse impacts of the action on subsistence use must be analyzed and safeguards provided to assure subsistence use. 10)Please be advised that any individual proposed project within the Cenaliulriit Coastal Resource Service Area will not interfere with,destroy,or desecrate sites,artifacts,structures. GP96-07,Village Bulk Fuel 5G.Reynolds,COE,3/8/99 AK9803-030G,(CD or other cultural resources.Further,Cenaliulriit and DNR are to be contacted should any artifacts be discovered at a development site on state land.This advisory is necessary to comply with Cenaliulriit Coastal Management Plan Goals 3 and 4:To have a healthy indigenous culture that meets all of the social,cultural,and economic needs of the resident population,and;to have local Yup'ik history and pre-history protected,studied,and preserved for generations. 11)The proposed siting of individual projects will not include "essential”habitats as defined by Cenaliulriit Coastal Management Plan Section 8 -Fish and Wildlife Habitats.Activities that will not conform to habitats standard 8.2 through 8.9 may be allowed provided that:there is a significant public need for the proposed use,there is no feasible or prudent alternative to meet the public need,and all feasible or prudent steps to maximize conformance with standards 8.2 through 8.9 will be taken. 12)Please be advised that if the project is located within the Matanuska-Susitna Borough (MSB) it must comply with all rules applicable to any special land use district or geographic area affected,including but not limited to MSB 15,16,and 17. 13)Please be advised that if any portion of this property is located within a federally-designated Flood Hazard Area,in accordance with Matanuska-Susitna Borough (MSB)17.29.100 a Development Permit is required,a permit is required before any development begins in Zone A.17.29.040 defines development as "any man-made change to improved or unimproved real estate,including but not limited to buildings or other structures,mining,dredging,filling, grading,paving,excavation ort drilling operations located within the area of special flood hazard.” 14)The Kenai Peninsula Borough (KPB)advises potential applicants that KPBCMP Policy 13.2 a.Storage of Petroleum Products and Other Substances states:To the extent feasible and prudent,facilities for the storage...ofpetroleum products..exceeding 660 gallons capacity shall not be sited within the 100 yearfloodplain.In circumstances where alternative sites outside of the 100 year floodplain are not available,a KPB Floodplain permit would be required to satisfy Borough Code,Chapter 21.06 Floodplain Management and KPBCMP Enforceable Policy 3.2 Floodwayand Floodplain Development 15)Please be advised that although the state has found the project consistent with the ACMP, based on your project description and any stipulations contained herein,you are still required to meet all applicable local,state and federal laws and regulations.Your consistency determination may include reference to specific laws and regulations,but this in no way precludes your responsibility to comply with other applicable laws and regulations. 16)If changes to the approved project are proposed prior to or during its siting,construction,or operation,you are required to contact this office immediately to determine if further review and approval of the revised project is necessary.If the actual use differs from the approved use contained in the project description,the state may amend the state approvals listed in this consistency determination. 17)Should cultural or paleontological resources be discovered as a result of this activity,we request that work which would disturb such resources be stopped,and that the State Historic Preservation Office (269-8720)and the U.S.Army Corps of Engineers (COE)(753-2712)be GP96-07,Village Bulk Fuel 6 G.Reynolds,COE,3/8/99 AK9803-030G,fCD contacted immediately so that consultation per section 106 of the National Historic Preservation Act may proceed. 18)This consistency determination does not obligate DNR to issue authorization under AS 38.05, nor does it supersede the statutory obligations thereunder.You may not proceed with any specific land use activity on subject State lands until authorized by DNR/Division of Lands. Authorities outside the 6 AAC 50 may result in additional permit/lease conditions not contained in this consistency determination. Thank you for your cooperation in this review process.Please contact me by calling 271-4317 or by Fax at 272-0690,or by E-mail:gpavia@jpo.doi.gov if you have any questions regarding this review. em DEuséne(Gene)Pavia Project Review Coordinator Enclosures:none Distribution:ACMP Review Participants Coastal District Representatives and interested parties: Tina Anderson,Aleutians East Borough Karol Kolehmainen,Aleutians West CRSA Thede Tobish,Municipality of Anchorage Maxine Thompson,Mayor,City of Angoon Saline Haven,Annette Island Metlakatla Indian Community Chuck Degnan,Bering Straits CRSA John Malone,City of Bethel Arne Erickson,Bristol Bay Borough John Easton,Bristol Bay CRSA Alice Ruby,Bristol Bay CRSA Gail Alstrom,Cenaliulnit CRSA Moses Paukan,Sr.,Cenaliulritt CRSA Scott Janke,City of Cordova Sam Flora,City of Cordova Jon Bolling,City of Craig Alice Ruby,City of Dillingham Tom Healy,City of Haines Robert Pinard,City of Hoonah Adrian LeCornu,City of Hydaburg Gretchen Keiser,City and Borough of Juneau Lonnie Anderson,Mayor,City of Kake Glenda Landau,Kenai Peninsula Borough Lisa Parker,Kenai Pennsula Borough GP96-07,Village Bulk Fuel 7G.Reynolds,COE,3/8/99 AK9803-030G,fCD Jennifer Carman,Ketchikan Gateway Borough Doc Waterman,City of Klawock Donna Williams,Mayor,City of Klawock Linda Freed,Kodiak Island Borough Sheila Bergey,Lake and Peninsula Borough Ken Hudson,Matanuska-Susitna Borough Randy Romenesko,City of Nome Jon Dunham,North Slope Borough Victor Karmun,Northwest Arctic Borough Ginnie Porter,City of Pelican Leo Luczak,City of Petersburg Marlene Campbell,City and Borough of Sitka Gary Paxton,City and Borough of Sitka John Mielke,Mayor,City of Skagway Bob Ward,City of Skagway Char Kirkwood,City of St.Paul John Merculief,City of St.Paul Ginny Tiemey,City of Thome Bay David Dengel,City of Valdez Ann Poss,City of Whittier Carrie Williams,City of Whittier Scott Seaberg,City of Wrangell Carol Rushmore,City of Wrangell Tom Armour,City and Borough of Yakutat Brett Meyer,City and Borough of Yakutat Village of Tatitlek Village of Chenega Susan Saupet,Cook Inlet Regional Citizen's Advisory Council Amy Boulanger,Alaska Center for the Environment /Greenpeace Pam Miller,Arctic Connections Loren Flagg,Kenai Peninsula Fishermens Association Tamara Smid,Upper Cook Inlet Development Foundation Paul Jackson,Chugachmiut Inc. Peter Van Tuyn,Trustees for Alaska Jim Glaspell,Resource Analysts Bob Shavelson,Cook Inlet Keepers Tom Mortensen,Mortensen Associates Stephanie Madsen,Aleutians Seafood Processors Association Wiley Wilhelm,LCMF State Agencies Alaska Division of Governmental Coordination Glenn Gray,Juneau GP96-07,Village Bulk Fuel 8 G.Reynolds,COE,3/8/99 AK9803-030G,fCD Kerry Howard,Juneau Alaska Department of Community and Regional Affairs Nelda Warkintin,Anchorage Eric Marchegiani,Division of Energy,Anchorage Alaska Department of Fish and Game Ellen Fritts,Deputy Director,Juneau Bill Hanson,Douglas Clayton Hawkes,Douglas Glenn Seaman,ACMP Coordinator,Anchorage Al Ott,Northern Region,Fairbanks Wayne Dolezal,Southcentral Region,Anchorage Janet Schempf,Southeast Region,Juneau Alaska Department of Environmental Conservation Dave Sturdevant,Statewide Water Quality Coordinator Alaska Department of Natural Resources Nancy Welch,Northern Region,Fairbanks Alice Iliff,Southcentral ACMP Coordinator,Anchorage Lori Landstrom,Division of Parks and Outdoor Recreation,Soldotna Janet Burleson-Baxter,Statewide ACMP Coordinator Bill Garry,Division of Parks and Outdoor Recreation,Juneau Judith Bittner,State Historic Preservation Office,Anchorage Linda Medeiros/Kim Kruse,Division of Lands Alaska Department of Transportation and Public Facilities Andy Hughs,Juneau Norm Piispanen,Fairbanks Steven Horn,Anchorage 2/26/99 GENERAL PERMIT 96-07 VILLAGE BULK FUEL STORAGE FACILITIES The Alaska District,United States (U.S.)Army Corps of Engineers,in accordance with its regulations and pursuant to Section 404 of the Clean Water Act (Public Law 95-217,33 U.S.C.1344 et.seq.),has issued General Permit (GP) 96-07 for the placement of fill material in waters of the U.S.,including wetlands,statewide for the purpose of new construction,replacement, relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska. The discharge of fill material and activities such as mechanized landclearing,ditching and backfilling in wetlands,will be authorized for the purpose of new construction,replacement,relocation,upgrade or consolidation of facilities for the transfer,storage,distribution,and dispensing of bulk fuel,along with associated support facilities including roads. The GP is intended to facilitate the authorization of fuel tank farms for such uses as fueling of vehicles,aircraft,and vessels;and the heating of buildings and power generation within rural Alaskan villages.The construction, replacement,relocation,consolidation,or upgrade of bulk fuel storage facilities in the following larger communities is not covered under the proposed GP:Municipality of Anchorage,Palmer,Wasilla,Fairbanks,North Pole,Juneau, Douglas,Ketchikan,Wrangell,Petersburg,Sitka,Haines,Skagway,Homer,Seward, Kenai,Soldotna,Kodiak,Valdez,and Cordova. Note:Authorizations granted under this GP apply only to work subject to the regulatory authority of the U.S.Army Corps of Engineers.They do not change in any manner the requirements or the need to meet any other required Federal,State,or local governmental authorizations.In particular,any permitted facility must also comply with the pertinent sections of the most recent Uniform Fire Code (Articles 7901 and 7902);and all facilities over 1,320 gallons must also have an EPA SPCC Plan (40 CFR 112).If the work authorized under the GP is subsequently modified by any other Federal,State,or local governmental authorization,a modification of the authorization to perform activities may need to be obtained from the Corps of Engineers. The GP authorizes the placement of dredged and fill material for a total footprint of up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000'in length.The GP may be used 1)for structural fills for the support of bulk fuel storage tanks; 2)for the construction of secondary containment dikes and structures;3)for piping,pumps,buildings,equipment storage (including protected and secure storage for oil spill response equipment),vehicle parking,and security fencing;4)for fills for fuel dispensing stations and tanks;and,5)for fills associated with fuel transfer and dispensing pipelines. APPLICABILITY The proposed GP is intended for use in rural Alaskan communities for the purpose of providing fuel to the community and its residents.This GP does not authorize projects in the communities listed on page 1. If the proposed work does not meet the requirements,terms,and conditions of the GP,the GP would not apply,and the application would be processed as an individual Department of the Army permit application under standard processing procedures and public noticed,as per 33 CFR 325.2. CONDITIONS OF THE GP All activities identified and authorized by this GP shall be consistent with the following conditions: 1.The maximum combined dimensions of all fills shall not exceed two (2) acres,including access roads.The maximum combined lengths of access roads shall not exceed 2,000 linear feet.Fill in uplands and in wetlands are included in the two acre-limit.For fills with a footprint larger than 1 acre, Pre-Construction Notification (PCN)procedures must be followed (see page 6). 2.If the access roads are connected to the State road system,the permittee must contact the Alaska Department of Transportation and Public Facilities to ensure that access road and driveway widths are sufficient to meet State standards. 3.The typical side slopes of all fills shall be no greater than 2:1 (horizontal:vertical),or alternative means of stabilizing the side slopes shall be implemented,to prevent erosion and slumping.All fills shall be stabilized and maintained to minimize erosion and sedimentation into adjacent waters or wetlands. 4.Tanks shall be provided with at least one of the following mechanical or operational means to minimize the potential for tank overfilling: e High liquid level automatic shutoff devices set to stop flow at a predetermined tank liquid level; e High level alarms or signals that sound or display in a manner immediately recognizable by personnel conducting a transfer; ®Automatic liquid level gauges; e Other effective mechanical/electrical equipment that aides in the prevention of tank overfilling;or e Other methods which involve direct operator monitoring and intervention. to prevent tank overfilling. 5.Petroleum storage tanks shall be located within a secondary containment structure that has the capacity to hold the volume of the largest tank within the containment area,plus enough additional capacity to allow for local precipitation where it will reduce the effective storage capacity.Containment structures may include berms,dikes or retaining walls that are constructed to prevent the release of spilled petroleum from the containment area,or they may 2 consist of diked or double walled tanks of less than 12,000 gallon capacity with an aggregate capacity of 40,000-gallon volume,or less.Containment structures shall be constructed of or lined with materials that are resistant enough to damage by both the products stored and the prevailing weather conditions,to maintain impermeability.Impermeable material shall completely cover the secondary containment area including the area beneath the tanks.Containment structures must meet the current Uniform Fire Code as adopted by the State of Alaska (13 AAC 50). 6.To reduce tank corrosion,the tank foundations shall be elevated or the containment area graded so that runoff flows away from and does not accumulate around the tank bottoms. 7.No equipment,vehicles or other materials shall be stockpiled or may not operate in wetlands or riparian areas,other than within the construction footprint. 8.A plan to avoid or minimize disturbance to wetland vegetation and soils, and to re-establish such vegetation when disturbance cannot be avoided shall be submitted with the application (see page 5)and subsequently implemented.Areas disturbed during site preparation,excavation,fill placement and construction must be carried out so as to minimize and contain the generation of silt and sediment that could be carried off-site or into waterbodies by surface runoff. Disturbed areas must be revegetated as soon as practicable,preferably in the Same growing season as the disturbance.Silt and sediment from site excavation and fill materials may not enter wetlands or waterbodies outside the necessary working area.Erosion protection,such as silt fences,straw bales,other effective filters,matting,or settling ponds shall be provided and remain in Place until the soil is permanently stabilized.Work shall be avoided during periods of heavy precipitation. 9.To maintain long-term integrity of the permafrost,if present, sufficient fill shall be placed on the ground to provide thermal stability,or another method must be used to accomplish this requirement.Signs of thermokarsting or standing water indicate non-compliance with this condition. 10.The fill shall consist of clean,uncontaminated material,or petroleum contaminated material that has been treated and meets the Alaska Department of Environmental Conservation (ADEC)cleanup standards for reuse and other ADEC requirements on the use of contaminated material in effect at the time. 11.The permittee must demonstrate contact with a registered professional engineer and the Fire Marshall to ensure that requirements for storage and handling of fuel are met. 12.Fuel storage tanks must be located above the 100-year flood level,or must be designed to withstand a 100-year flood event when the 100-year flood has been determined for the site.If the 100-year flood level has not been determined for the site,the tank flood design shall be developed by an engineer to withstand flood levels based on anecdotal evidence,physical evidence, climatic data and good engineering judgement. 13.Culverts shall be installed and maintained to avoid interruption of natural surface drainage. 14.Reasonable precautions and controls must be used during construction to prevent incidental and accidental discharge of petroleum products.Materials must be available at the site to contain and clean up incidental spills and leaks,and must be used to contain and clean up any petroleum product spilled as a result of construction activity. 15.Except by Pre-construction Notification (p.6),no fill for the tank farm (including the containment area),nor any fill for any other support feature (e.g.,staging areas or pipeline service road/construction access roads)for the tank farm,shall be discharged within 100'of the ordinary high water mark of any running stream,or within 300'of an anadromous fish stream, with the exception of a pipeline corridor or pipeline service/construction access road.The 100'(or 300')shall consist of a natural vegetative buffer. 16.The boundaries of fill and excavation areas in wetlands must be staked or flagged prior to construction to prevent inadvertent encroachment of adjacent lands. 17.The permittee shall obtain an Alaska Department of Fish and Game Fish Habitat Permit if activities are to be conducted in waters specified as being important for the spawning,rearing,or migration of anadromous fish (AS 16.305.870),or when work is to be conducted in any water body (AS 16.05.840). 18.No project will adversely impact subsistence uses,remove indispensable fish or game habitat from use,or cause a decrease in the range or extent of diversity within the local ecology that the village depends on for food. 19.The time limit for authorizing work under this GP ends five years from the date of issuance.Authorized work must be completed within 12 months after the expiration date of this GP. 20.The lands and facilities subject to this GP shall be maintained in good condition and in conformance with the terms and conditions of this GP,as well as with the project plans.The permittee is not relieved of this requirement if he or she abandons the permitted activity,although a good faith transfer to a third party may be made in compliance with condition 21 below.Should the permittee wish to cease to maintain the authorized activity or to abandon it without a good faith transfer,approval from this office must be obtained. Restoration of the area may then be required. 21.Prior to selling the property associated with an activity authorized by this GP,the permittee must contact this office for the appropriate transfer documentation. 22.The District Engineer,or his designated representative(s),must be allowed to inspect the authorized activity at any time deemed necessary to ensure that the work is being or has been accomplished in accordance with the terms and conditions of this GP. 23.No activity authorized by the GP shall adversely affect historic properties.If any historic properties are known to exist in the project area, the Corps shall consult with the State Historic Preservation Officer (SHPO) before authorization under the GP is granted.In the case of a Federal or State applicant,the applicant must consult with the SHPO prior to contacting the Corps of Engineers for authorization. 24.If any previously unknown historic or archeological remains are discovered while accomplishing the work authorized by this GP,this office must immediately be notified at (800)478-2712.In the case of a Federal or State applicant,the applicant must contact both the SHPO and this office.The District Engineer shall initiate the necessary coordination with the SHPO to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 25.The proposed activity shall not adversely affect any species listed as threatened or endangered under the Endangered Species Act of 1973 (Act),as amended.Additionally,the proposed activity shall not jeopardize the continued existence of any proposed species under the Act.A Federal or State applicant must contact the U.S.Fish and Wildlife Service and the National Marine Fisheries Service regarding the presence of threatened or endangered species. The Corps of Engineers will contact the Service on behalf of other applicants. If it is determined that threatened or endangered species are present and that an adverse effect may occur,then the District Engineer shall initiate Section 7 consultation with the Services for the particular application.The presence or subsequent discovery of a threatened,endangered or proposed species which may be affected by a permitted action or related activities may result in a delay of permit issuance for the specific operation in order to include Section 7 consultation and/or conference,as required by the Act. PROCEDURE: The following procedures will be required as a part of the proposed GP: a.All persons desiring to perform work under the proposed GP must submit the following information:1)a vicinity map and legal description (section, township,range,meridian);2)plan views and typical cross sections of all project components,and a plan view of the entire project (Examples of typical drawings and plans are attached);3)aerial photographs (or xeroxed copies);4) a written description of the proposed work;5)a statement of project purpose and intended use;6)dimensions (L x W x H)of all fill pads;7)approximate cubic yardage and acreage to be filled for each project component;8)volume and type of materials removed;9)location of overburden disposal;10)type of fill material,and location/source,if reasonably available;11)stabilization and restoration methods;12)a description of alternative locations considered and a justification for discharge in and excavation of wetlands;13)a plan to avoid or minimize disturbance to wetland vegetation and soils and a plan for revegetation,if disturbance cannot be avoided,and 14)a description of existing fuel tank farms (how many tanks,capacity,if in use or abandoned)in the particular community. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.Under certain circumstances,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies (see PCN procedure,below). c.Usually,an authorization letter will be sent to the permittee within 15 days of receipt of all required information.Written authorization to proceed must be received from the Corps prior to commencement of work. PRE-CONSTRUCTION NOTIFICATION PROCEDURE (PCN): A PCN is required in the following circumstances:if the footprint of the project (not including access roads)is larger than 1 acre,if any fill pad must be discharged closer than 100'to an open water body,or if the Corps deems it necessary for other factors. The applicant shall submit the information listed above. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.If the GP is applicable,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies. ¢.The agencies and any interested parties have 15 calendar days to contact the Corps,in writing,by FAX,or by telephone,with comments on the project. One 15-day extension will be granted if any of the commenting parties request an extension.If consensus (all commenting parties and the Corps must agree) cannot be reached,either in writing,by FAX,or by telephone conversation at the end of the 15 or 30-day period,the application will be processed under individual Corps permit procedures with a separate public notice (33 CFR 325.2(a)(1-5)).Absence of response will be considered to be consent. d.If consensus is reached,the application will be issued a GP authorization.Special conditions may be added to the authorization. FURTHER INFORMATION: a.Limits of the Proposed Authorization 1.This permit does net grant any property rights or exclusive privileges. 2.This permit does not authorize any injury to the property or rights of others., 3.This permit does not authorize interference with any existing or proposed Federal project. b.Limits of Federal Liability In issuing this permit as proposed,the Federal Government does not assume any liability for the following: 1.Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. 2.Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S.in the public interest. 3.Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. 4.Design or construction deficiencies associated with the permitted work. 5.Damage claims associated with any future modification,suspension,or revocation of this permit. c.Reevaluation of Permit Decision This office may reevaluate its decision on this GP or specific authorizations of this GP at any time the circumstances warrant.Circumstances that could require a reevaluation include,but are not limited to,the following: 1.Authorized work fails to comply with the terms and conditions of the permit. 2.Appropriate new information is presented which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension,modification,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.The referenced enforcement procedures provide for the issuance of an administrative order requiring compliance with the terms and conditions of the GP and for the initiation of legal action where appropriate.Anyone doing work under the GP will be required to pay for any corrective measures ordered by this office,and if there is failure to comply with such directive,this office may in certain situations (such as those specified in 33 CFR 209.170)accomplish the corrective measures by contract or otherwise,or may bill the permittee for the cost. MONITORING AND REPORTING Annually,the Corps of Engineers shall compile a report summarizing all authorizations under the GP.The report shall include,at a minimum,the number of acres filled and the cubic yardage of fill placed in wetlands.The report shall be made available to all commenting agencies and any interested party upon request.Comments by interested parties shall be considered in the five-year evaluation. Within 90 days of completion of each project authorized under this GP,the permittee shall provide the Corps with copies of final as-built plans,a summary of the acreage affected,and cubic yardage of fill discharged.Copies shall be sent to:North Section,Regulatory Branch,CEPOA-CO-R-N,Post Office Box 898,Anchorage,Alaska 99506-0898. PENALTIES FOR VIOLATIONS: Failure to comply with the terms and conditions of this permit may result in suspension of the work,revocation of the permit,removal of dredged and/or fill material or other structures,directed restoration of wetlands,and/or impositions of penalties as provided by law. The discharge of fill material not in accordance with the terms and conditions of the proposed GP will be a violation of Section 301 of the Clean Water Act (33 U.S.C.1319),and upon conviction thereof is punishable,in accordance with Section 309 of the Clean Water Act,by a fine of up to $50,000, per day of violation,or by imprisonment of not more than three years,or both. 7 Pursuant to Section 12 of the Rivers and Harbors Act,civil penalties,including fines of not less than $500 and not more than $2,500 per day of the violation, or imprisonment of up to one year,or both,may be levied against any person who violates Section 10 of the Rivers and Harbors Act. EXTENSION,MODIFICATION AND REVOCATION OF THIS GP This GP may be revoked by issuance of a Public Notice at any time the District Engineer (DE)determines that the singular or cumulative effects of the activities authorized herein are having more than minimal adverse effect on the public interest.Following such revocation,all new applications shall be processed under individual permit application review procedures,and the DE shall decide on a case-by-case basis if previously authorized activities should be revoked,suspended,or modified. This GP shall be in effect for a period of five years.During the fifth year,this GP and the work authorized under it will be reviewed to determine if it should be modified,extended,or discontinued. FOR THE DISTRICT ENGINEER: Date Don M.Kohler,Chief North Section Regulatory Branch Alaska District,Army Corps of Engineers CONCUR CEPOA-CO Reynolds/cmm/3-2716 GLR(GP96-7)/3 Feb 98 GP 96-07 -Public Notice US Army Corps of Engineers Date:6 MAY 1999 Alaska District Identification No.SPN 99-05 Regulatory Branch (1145b). Post Office Box 898 In reply refer to above Identification Number Anchorage,Alaska 99506-0898 SPECIAL PUBLIC NOTICE (SP)99-05 GENERAL PERMIT 96-07 VILLAGE BULK FUEL STORAGE FACILITIES The Alaska District,United States (U.S.)Army Corps of Engineers,in accordance with its regulations and pursuant to Section 404 of the Clean Water Act (Public Law 95-217,33 U.S.C.1344 et.seq.),has issued General Permit (GP)96-07 for the placement of fill material in waters of the U.S., including wetlands,statewide for the purpose of new construction,replacement, relocation,upgrade or consolidation of bulk fuel storage facilities in rural .Alaska.; -The discharge of fill material and activities such as mechanized landclearing,ditching and backfilling in wetlands,will be authorized for the purpose of new construction,replacement,relocation,upgrade or consolidation of facilities for the transfer,storage,distribution,and dispensing of bulk fuel,along with associated support facilities including roads. The GP is intended to facilitate the authorization of fuel tank farms for such uses as fueling of vehicles,aircraft,and vessels;and the heating of buildings and power generation within rural Alaskan villages.The construction, replacement,relocation,consolidation,or upgrade of bulk fuel storage facilities in the following larger communities are not covered under this GP: Municipality of Anchorage,Palmer,Wasilla,Fairbanks,North Pole,Juneau, Douglas,Ketchikan,Wrangell,Petersburg,Sitka,Haines,Skagway,Homer,Seward, Kenai,Soldotna,Kodiak,Valdez,and Cordova. Note:Authorizations granted under this GP apply only tc work subject to the regulatory authority of the U.S.Army Corps of Engineers.They do not change in any manner the requirements or the need to meet any other required Federal,State,or local governmental authorizations.In particular,any permitted facility must also comply with the pertinent sections of the most recent Uniform Fire Code (Articles 7901 and 7902);the State Fire Marshall, Alaska Department of Public Safety must be contacted;and ai.facilities cver 1,320 gallons must also have an EPA SPCC Plan (40 CFR 112).Tf the wor authorized under the GP is subsequently modified by any other rederal,S$: local governmental authorization,a modification of the authorization to fericz:n activities may need to be obtained from the Corps of Engineezs.tw The GP authorizes the placement of dredged and fill material for a total footprint of up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000'in length.The Gp may be used 1)for structural fills for the support of bulk fuel storage tanks; 2)for the construction of secondary containment dikes and structures;3)for piping,pumps,buildings,equipment storage (including protected and secure storage for oil spill response equipment),vehicle parking,and security fencing;4)for fills for fuel dispensing stations and tanks;and,5)for fills associated with fuel transfer and dispensing pipelines. All activities must be in accordance with the conditions of the general permit,a copy of which is attached.Failure to comply with the terms and conditions of the general permit could result in suspension,modification,or revocation of the permit,and/or imposition of penalties as provided by law. The attached terms and conditions outline the criteria that must be met in order for work to be accomplished under this general permit.Those wishing to perform work under this general permit must review these conditions carefully.If the proposed work does not meet the requirements of the conditions,the general permit will not apply and an individual Department of the Army permit application must be submitted. This general permit has been issued for a period of five years,effective the date of the signature shown on the last page of the permit.At the end of this> five-year period,an evaluation of the general permit will be made,and at that time it will be decided whether or not this general permit should be renewed. The District Engineer,or his authorized representative,may at any time during this five-year period,.alter,modify,suspend,or revoke this permit,if he deems such action to be in the public interest. District Engineer Alaska District U.S.Army Corps of Engineers Public Notice US Army Corps Date: ef Engineers 6 MAY 1999 Alaska District Identification No:GP 96-07 Regulatory Branch (1145b) Post Office Box 898 In reply refer to above Identification Number Anchorage,Alaska 99506-0898 Expiration: GENERAL PERMIT 96-7 Village Bulk Fuel Storage Facilities Under the authority of Section 404 of the Clean Water Act (Public Law 95-217,33 USC 1344 et.seq.),the Secretary of the Army has authorized the placement of dredged and fill material into waters of the United States,including wetlands, for the purpose of new construction,replacement,relocation,upgrade or ° consolidation of bulk fuel storage facilities in rural Alaska,statewide.The GP authorizes the discharge of fill material for a total footprint of up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000'in length. APPLICABILITY This GP is intended for use in rural Alaskan communities for the purpose of providing fuel to the community and its residents.This GP does not authorize projects in the following communities:the Municipality of Anchorage,Palmer, Wasilla,Fairbanks,North Pole,Juneau,Douglas,Ketchikan,Wrangell, Petersburg,Sitka,Haines,Skagway,Homer,Seward,Kenai,Soldotna,Kodiak, Valdez,and Cordova. If the proposed work does not meet the requirements,terms,and conditions of the GP,the GP would not apply,and the application would be processed as an individual Department of the Army permit application under standard processing procedures and public noticed,as per 33 CFR 325.2. CONDITIONS OF THE GP All activities identified and authorized by this GP shall De consistent with the following conditions: 1.The maximum combined dimensions of all fills shall not exceed two (2) acres,including access roads.The maximum combined lengths c=access roads shall not exceed 2,000 linear feet.Fill in uplands and in wetlands are included in the two acre-limit.For fills with a footprint lérger than 1 a (not.including access roads),Pre-Construction Notification (=[N)procedure must be followed (see page 5). rec SS) 2.If the access roads are connected to the State road system,the permittee must contact the Alaska Department of Transportation and Public Facilities to ensure that access roads and driveway widths are sufficient meet State standards.oyWd 3.The typical side slopes of all fills shall be no greater than 2:1 (horizontal:vertical),or alternative means of stabilizing the side slopes shall be implemented,to prevent erosion and slumping.All fills shall be stabilized and maintained to minimize erosion and sedimentation into adjacent waters or wetlands. 4.Tanks shall be provided with at least one of the following mechanical or operational means to minimize the potential for tank overfilling: *High liquid level automatic shutoff devices set to stop flow at a predetermined tank liquid level; *High level alarms or signals that sound or display in a manner immediately recognizable by personnel conducting a transfer; *Automatic liquid level gauges; *Other effective mechanical/electrical equipment that aids in the prevention of tank overfilling;or *Other methods which involve direct operator monitoring and intervention to prevent tank overfilling. 5.Petroleum storage tanks shall be located within a secondary containment structure that has the capacity to hold the volume of the largest tank within the containment area,plus enough additional capacity to allow for local precipitation where it will reduce the effective storage capacity.Containment structures may include berms,dikes or retaining walls that are constructed to prevent the release of spilled petroleum from the containment area,or they may consist of diked or double walled tanks of less than 12,000 gallon capacity with an aggregate capacity of 40,000-gallon volume,or less.Containment structures shall be constructed of or lined with materials that are resistant enough to damage by both the products stored and the prevailing weather conditions,to Maintain impermeability.Impermeable material shall completely cover the secondary containment area including the area beneath the tanks.Containment structures must meet the current Uniform Fire Code as adopted by the State of Alaska (13 AAC 50). 6.To reduce tank corrosion,the tank foundations shall be elevated or the containment area graded so that runoff flows away from and does not accumulate around the tank bottoms. 7.No equipment,vehicles or other materials shall be stockpiled or may not operate in wetlands or riparian areas,other than within the construction footprint. 8.A plan to avoid or minimize disturbance to wetland vegetation and soils, and to re-establisn such vegetation when disturbance cannot be avoided shall ce submitted with the application (see page 5)and subsequently implemented.Areas disturbed during site preparation,excavation,fill placement and construction must be carried out so as to minimize and contain the generation of silt and sediment that could be carried off-site or into'waterbodies by surface runcfé. Disturbed areas must be revegetated as soon as practicable,preferably in the -2- same growing season as the disturbance.Silt and sediment from site excavation and fill materials may not enter wetlands or waterbodies outside the necessary working area.Erosion protection,such as silt fences,straw bales,other effective filters,matting,or settling ponds shall be provided and remain in place until the soil is permanently stabilized.Work shall be avoided during periods of heavy precipitation. 9.To maintain long-term integrity of the permafrost,if present, sufficient fill shall be placed on the ground to provide thermal stability,or another method must be used to accomplish this requirement.Signs of thermokarsting or standing water indicate non-compliance with this condition. 10.The fill shall consist of clean,uncontaminated material,or petroleum contaminated material that has been treated and meets the Alaska Department of Environmental Conservation (ADEC)cleanup standards for reuse and other ADEC requirements on the use of contaminated material in effect at the time. ll.Within 90 days of completion of each project authorized under this GP, the permittee shall provide the Corps with copies of final as-built plans,a summary of the acreage affected,and cubic yardage of fill discharged.Prior to construction,the permittee must demonstrate contact with a registered professional engineer and the Fire Marshall to ensure that requirements for storage and handling of fuel are met.This information must be sent to:North Section,Regulatory Branch,CEPOA-CO-R-N,Post Office Box 898,Anchorage,Alaska 99506-0898. 12.Fuel storage tanks must be located above the 100-year flood level,or must be designed to withstand a 100-year flood event when the 100-year flood has been determined for the site.If the 100-year flood level has not been determined for the-site,the tank flood design shall be developed by an engineer to withstand flood levels based on anecdotal evidence,physicél evidence, climatic data and good engineering judgement. 13.Culverts shall be installed and maintained to avoid interruption of natural surface drainage. 14.Materials-must be available at the site to contain anc clean up incidental spills and leaks,and must be used to contain and clean up any petroleum product spilled as a result of construction activity. 15.Except by Pre-construction Notification (p.5),no fiil for the tan« farm (including the containment area),nor any fill for any other support feature (e.g.,staging areas or construction access roads)fer the tank £ shall be discharged within 100'of the ordinary high water marx of any wate body,or within 300'of an anadromous fish stream,with the exreption of a pipeline corridor and its associated pipeline service road.Tra 100'(or 3 must consist of a natural vegetative buffer,where practicabie-. 16.The boundaries of fill areas in wetlands must be staxe2a or flagce: prior to construction to prevent inadvertent encroachment of zttacent lans:. 17.You must maintain the activity authorized by this perzit in gooc condition and in conformance with the terms and conditions of inis permic. are not relieved of this requirement if you abandon the permizcied activir,. may make a good faith transfer to a third party in compliance «ith condit.- below.Should you wish to cease to maintain the authorized attivity or ¢t- -3- abandon it without a good faith transfer,you must obtain a modification of this authorization from this office,which may require restoration of the area. 18.Prior to selling the property associated with an activity authorized by this GP,the permittee must contact this office for the appreorriate transfer documentation. 19.The District Engineer,or his designated representative(s),must be allowed to inspect the authorized activity at any time deemed necessary to ensure that the work is being or has been accomplished in accordance with the terms and conditions of this GP. 20.No activity authorized by the GP shall adversely affect historic properties.If any historic properties are known to exist in the project area, the Corps shall consult with the State Historic Preservation Officer (SHPO) before authorization under the GP is granted.In the case of e Federal or State applicant,the applicant must consult with the SHPO prior to centacting the Corps of Engineers for authorization. 21.If any previously unknown historic or archeological remains are discovered while accomplishing the work authorized by this GP,this office must immediately be notified at (800)478-2712.In the case of a Federal or State applicant,the applicant must contact both the SHPO and this office.The . District Engineer or lead Federal agency shall initiate the necessary coordination with the SHPO to determine if the remains warrant e recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22.The proposed activity shall not adversely affect any species listed as threatened or endangered under the Endangered Species Act of 1973 (Act),as amended.Additionally,the proposed activity shall not jeoparcize the continued existence of any proposed species under the Act.A Federal cr State applicant must contact the U.S.Fish and Wildlife Service and the Nationz:Marine Fisheries Service regarding the presence of threatened or endangered species. The Corps of Engineers will contact the U.S.Fish and Wildlife Service on behalf of other applicants.If it is determinec that threatened or encangered species are present and that an effect may occur,then the District Engineer or lead Federal agency shail initiate Section 7 consultation with the Services for the particular application.The presence or subsequent discovery cf a threatened, endangered or proposed species which may be affected by a permitted action or related activities may result in a delay of permit issuance icr the specific required by the Act. PROCEDURE: The following procedures will be requirec 4s a part of the prcorised GP: a.All persons desiring to perform work under the propose:3?must suomit the following information:1)@ vicinity map and legal desceristion (section, township,range,meridian);2)plan views and typical cross sections of all project components,and a plan view of the entire project (Examples of typical drawings and plans are attached);3)aerial photographs (or xeroxed copies,if reasonably available);4)a written description of the proposed work;5)a statement of project purpose and intended use;6)dimensions (L x Wx H)of all fill pads;7)approximate cubic yardage and acreage to be filled for each project component;8)volume and type of materials removed;9)location of overburden disposal;10)type of fill material,and location/source,if reasonably available;11)stabilization and restoration methods;12)a description of alternative locations considered and a written justification for discharge in wetlands;13)a plan to avoid or minimize disturbance to wetland vegetation and soils and a plan for revegetation,if disturbance cannot be avoided,and 14)a description of existing fuel tank farms(how many tanks, capacity,if in use or abandoned)in the particular community. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.Under certain circumstances,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies (see PCN procedure,below).. c.Usually,an authorization letter will be sent to the permittee within 30. days of receipt of all required information.Written authorization to proceed must be received from the Corps prior to commencement of work. PRE-CONSTRUCTION NOTIFICATION PROCEDURE (PCN): A PCN is required in the following circumstances:if the footprint of the project (not including access roads)is larger than 1 acre,if any fill pad must be discharged closer than 100'to an open waterbody,or 300°from an anadromous fish stream,or if the Corps deems it necessary for other factors. a.The applicant shall submit the information listed above. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.If the GP is applicable,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies. c.The agencies and any interested parties have 15 calendar days to contac: the Corps,in writing,by FAX,or by telephone,with comments on the project. One 15-day extension will be granted if any of the commenting parties request an extension.If consensus (all commenting parties and the Corps must agree) cannot be reached,either in writing,by FAX,or by telephone conversation at the end of the 15 or 30 day period,the application will be processed under individual corps permit procedures with a separate public notice (33 CFR 325.2(a)(1-5))}.Absence of response will be considered to be consent. d.If consensus is reached,a GP authorization is issued.Special conditions may be added to the authorization. -5- FURTHER INFORMATION: a.Limits of the Proposed Authorization 1.This permit does not grant any property rights or exclusive privileges. 2.This permit does not authorize any injury to the property or rights of others. 3.This permit does not authorize interference with any existing or proposed Federal project. b.Limits of Federal Liability In issuing this permit as proposed,the Federal Government does not assume any liability for the following: 1.Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. 2.Damages to the permitted project or.uses thereof as a result of current or future activities undertaken by or on behalf of the U.S.in the public - interest. 3.Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. 4.Design or construction deficiencies associated with the permitted work. 5.Damage claims associated with any future modification,suspension,or revocation of this permit. c.Reevaluation of Permit Decision This office may reevaluate its decision on this GP or specific authorizations of this GP at any time the circumstances warrant.Circumstances that could require a reevaluation include,but are not limited to,the following: 1.Authorized work fails to comply with the terms and conditions of the permit. 2.Appropriate new information is presented which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to us2 the suspension,modification,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.The referenced enforcement procedures provide for the issuance of an administrative order requiring compliance with the terms end conditions of tne GP and for the initiation of legal action where appropriate.Anyone do. under the GP will be required to pay for any corrective measures ordered office,and if there is failure to comply with such directive,this office in certain situations (such as those specified in 33 CFR 209.170)accomplis: corrective measures by contract or otherwise,or may bill the permittee for t cost. MONITORING AND REPORTING Annually,the Corps of Engineers shall compile a report summarizing all authorizations under the GP.The report shall include,at a minimum,the number of acres authorized to be filled and the cubic yardage authorized.The report shall be made available to all commenting agencies and any interested party upon request.Comments by interested parties shall be considered in the five-year re-evaluation. PENALTIES FOR VIOLATIONS: Failure to comply with the terms and conditions of this permit may result inf suspension of the work,revocation of the permit,removal of dredged and/or fill material or other structures,directed restoration of wetlands,and/or impositions of penalties as provided by law. The discharge of fill material not in accordance with the terms and conditions of the proposed GP will be a violation of Section 301 of the Clean Water Act (33 U.S.C.1319),and upon conviction thereof is punishable,in accordance with Section 309 of the Clean Water Act,by a fine of up to $50,000, per day of violation,or by imprisonment of not more than three years,or both. EXTENSION,MODIFICATION AND REVOCATION OF THIS GP This GP may be revoked by issuance of a Public Notice at any time the District Engineer (DE)determines that the singular or cumulative effects of the activities authorized herein are having more than minimal adverse effect on the public interest.Following such revocation,all new applications shall be processed under individual permit application review procedures,and the DE shall decide on a case-by-case basis if previously authorized activities should be revoked,suspended,or modified. This GP shall be in effect for a period of five years.During the fifth year,this GP and the work authorized under it will be reviewed to determice :f it should be modified,extended,or discontinued. Applications received prior by the expiration date will be considered for authorization under the GP.Any activity authorized by the GP must be completed within 12 months of the expiration date unless the GP is subsequently reauthorized. FOR THE DISTRICT ENGINEER: L207 7 Cae Date Don M.Kohler,Chief North Section Regulatory Branch Alaska District, Army Corps of Engineers ;Public Notice US Army Corps of Engineers Date:6 MAY 1999 Alaska District Identification No.SPN 99-05 Regulatory Branch (1145b). Post Office Box 898 In reply refer to above Identification Number Anchorage,Alaska 99506-0898 SPECIAL PUBLIC NOTICE (SP)99-05 GENERAL PERMIT 96-07 VILLAGE BULK FUEL STORAGE FACILITIES The Alaska District,United States (U.S.)Army Corps of Engineers,in accordance with its regulations and pursuant to Section 404 of the Clean Water Act (Public Law 95-217,33 U.S.C.1344 et.seq.),has issued General Permit (GP)96-07 for the placement of fill material in waters of the U.S., including wetlands,statewide for the purpose of new construction,replacement, relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska. The discharge of fill material and activities such as mechanized landclearing,ditching and backfilling in wetlands,will be authorized for the purpose of new construction,replacement,relocation,upgrade or consolidation of facilities for the transfer,storage,distribution,and dispensing of bulk fuel,along with associated support facilities including roads. The GP is intended to facilitate the authorization of fuel tank farms for such uses as fueling of vehicles,aircraft,and vessels;and the heating of buildings and power generation within rural Alaskan villages.The construction, replacement,relocation,consolidation,or upgrade of bulk fuel storage facilities in the following larger communities are not covered under this GP: Municipality of Anchorage,Palmer,Wasilla,Fairbanks,North Pole,Juneau, Douglas,Ketchikan,Wrangell,Petersburg,Sitka,Haines,Skagway,Homer,Seward, Kenai,Soldotna,Kodiak,Valdez,and Cordova. Note:Authorizations granted under this GP apply only te work subject to the regulatory authority of the U.S.Army Corps of Engineers.They do not change in any manner the requirements or the need to meet an;other required Federal,State,or local governmental authorizations.In particular,any permitted facility must also comply with the pertinent sections of the most recent Uniform Fire Code (Articles 7901 and 7902);the Stats Fire Marshali, Alaska Department of Public Safety must be contacted;and ai.facilities cvs: 1,320 gallons must also have an EPA SPCC Plan (40 CFR 112).Tf the work authorized under the GP is subsequently modified by any other rederal,Sz: local governmental authorization,a modification of tne autncorization to ¢c activities may need to be obtained from the Corps of Engineess. The GP authorizes the placement of dredged and fill material for a total footprint of up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000'in length.The Gp may be used 1)for structural fills for the support of bulk fuel storage tanks; 2)for the construction of secondary containment dikes and structures;3)for piping,pumps,buildings,equipment storage (including protected and secure storage for oil spill response equipment),vehicle parking,and security fencing;4)for fills for fuel dispensing stations and tanks;and,5)for fills associated with fuel transfer and dispensing pipelines. All activities must be in accordance with the conditions of the general permit,a copy of which is attached.Failure to comply with the terms and conditions of the general permit could result in suspension,modification,or revocation of the permit,and/or imposition of penalties as provided by law. The attached terms and conditions outline the criteria that must be met in order for work to be accomplished under this general permit.Those wishing to perform work under this general permit must review these conditions carefully.If the proposed work does not meet the requirements of the conditions,the general permit will not apply and an individual Department of the Army permit application must be submitted. This general permit has been issued for a period of five years,effective the date of the signature shown on the last page of the permit.At the end of this> five-year period,an evaluation of the general permit will be made,and at that time it will be decided whether or not this general permit should be renewed. The District Engineer,or his authorized representative,may at any time duringthis.five-year period,.alter,modify,suspend,or revoke this permit,if he deems such action to be in the public interest. District Engineer Alaska District U.S.Army Corps of Engineers Public Notice US Army Corps Date: of Engineers "6 MAY 1999 Alaska District Identification No:GP 96-07 Regulatory Branch (1145b) Post Office Box 898 In reply refer to above Identification Number Anchorage,Alaska 99506-0898 Expiration: GENERAL PERMIT 96-7 Village Bulk Fuel Storage Facilities Under the authority of Section 404 of the Clean Water Act (Public Law 95-217,33 USC 1344 et.seq.),the Secretary of the Army has authorized the placement of dredged and fill material into waters of the United States,including wetlands, for the purpose of new construction,replacement,relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska,statewide.The GP authorizes the discharge of fill material for a total footprint of up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000'in length. APPLICABILITY This GP is intended for use in rural Alaskan communities for the purpose of providing fuel to the community and its residents.This GP does not authorize projects in the following communities:the Municipality of Anchorage,Palmer, Wasilla,Fairbanks,North Pole,Juneau,Douglas,Ketchikan,Wrangell, Petersburg,Sitka,Haines,Skagway,Homer,Seward,Kenai,Soldotna,Kodiak, Valdez,and Cordova. If the proposed work does not meet the requirements,terms,and conditions of the GP,the GP would not apply,and the application would be processed as an individual Department of the Army permit application under standard processing procedures and public noticed,as per 33 CFR 325.2. CONDITIONS OF THE GP All activities identified and authorized by this GP shall be consistent with the following conditions: 1.The maximum combined dimensions of all fills shall not exceed two (2) acres,including access roads.The maximum combined lengths cl access roads shall not exceed 2,000 linear feet.Fill in uplands and in wetlands are included in the two acre-limit.For fills with a footprint larger than (not .including access roads),Pre-Construction Notification (FCN)procedur: must be followed (see page 5). acre asc 2.If the access roads are connected to the State road system,the permittee must contact the Alaska Department of Transportation and Public Facilities to ensure that access roads and driveway widths are sufficient -: meet State standards. 3.The typical side slopes of all fills shall be no greater than 2:1 (horizontal:vertical),or alternative means of stabilizing the side slopes shall be implemented,to prevent erosion and slumping.All fills shall be stabilized and maintained to minimize erosion and sedimentation into adjacent waters or wetlands. 4.Tanks shall be provided with at least one of the following mechanical or operational means to minimize the potential for tank overfilling: "High liquid level automatic shutoff devices set to stop flow at a predetermined tank liquid level; *High level alarms or signals that sound or display in a manner immediately recognizable by personnel conducting a transfer; *Automatic liquid level gauges; *Other effective mechanical/electrical equipment that aids in the prevention of tank overfilling;or *Other methods which involve direct operator monitoring and intervention to prevent tank overfilling. 5.Petroleum storage tanks shall be located within a secondary containment structure that has the capacity to hold the valume of the largest tank within the containment area,plus enough additional capacity to allow for local precipitation where it will reduce the effective storage capacity.Containment structures may include berms,dikes or retaining walls that are constructed to prevent the release of spilled petroleum from the containment area,or they may consist of diked or double walled tanks of less than 12,000 gallon capacity with an aggregate capacity of 40,000-gallon volume,or less.Containment structures shall be constructed of or lined with materials that are resistant enough to damage by both the products stored and the prevailing weather conditions,to maintain impermeability.Impermeable material shall completely cover the secondary containment area including the area beneath the tanks.Containment structures must meet the current Uniform Fire Code as adopted py the State of Alaska (13 AAC 50). 6.To reduce tank corrosion,the tank foundations shall be elevated or the containment area graded so that runoff flows away from and does not accumulate around the tank bottoms. 7.No equipment,vehicles or other materials shall be stockpiled or may not operate in wetlands or riparian areas,other than within the construction footprint. 8.A plan to avoid or minimize disturbance to wetland vegetation and soils, and to re-establish such vegetation when disturbance cannot be avoided shai.ce submitted with the application (see page 5)and subsequently implemented.Areas disturbed during site preparation,excavation,fill placement and constructior must be carried out so as to minimize and contain the generation of silt and sediment that could be carried off-site or into'waterbodies by surface runc ff. Disturbed areas mus=be revegetated as soon as practicable,preferably in the -2- same growing season as the disturbance.Silt and sediment from site excavation and fill materials may not enter wetlands or waterbodies outside the necessary working area.Erosion protection,such as silt fences,straw bales,other effective filters,matting,or settling ponds shall be provided and remain in place until the soil is permanently stabilized.Work shall be avoided during periods of heavy precipitation. 9.To maintain long-term integrity of the permafrost,if present, sufficient fill shall be placed on the ground to provide thermal stability,or another method must be used to accomplish this requirement.Signs of thermokarsting or standing water indicate non-compliance with this condition. 10.The fill shall consist of clean,uncontaminated material,or petroleum contaminated material that has been treated and meets the Alaska Department of Environmental Conservation (ADEC)cleanup standards for reuse and other ADEC requirements on the use of contaminated material in effect at the time. ll.Within 90 days of completion of each project authorized under this GP, the permittee shall provide the Corps with copies of final as-built plans,a summary of the acreage affected,and cubic yardage of fill discharged.Prior to construction,the permittee must demonstrate contact with a registered professional engineer and the Fire Marshall to ensure that requirements for storage and handling of fuel are met.This information must be sent to:North Section,Regulatory Branch,CEPOA-CO-R-N,Post Office Box 898,Anchorage,Alaska 99506-0898. 12.Fuel storage tanks must be located above the 100-year flood level,or must be designed to withstand a 100-year flood event when the 100-year flood has been determined for the site.If the 100-year flood level has not been determined for the-site,the tank flood design shall be developed by an engineer to withstand flood levels based on anecdotal evidence,physical evidence, climatic data and good engineering judgement. 13.Culverts shall be installed and maintained to avoid interruption of natural surface drainage. 14.Materials-must be available at the site to contain and clean up incidental spills and leaks,and must be used to contain and clean up any petroleum product spilled as a result of construction activity. 15.Except by Pre-construction Notification (p.5),no fiil for the tank farm (including the containment area),nor any fill for any other support feature (e.g.,staging areas or construction access roads)fer the tank farn, shall be discharged within 100'of the ordinary high water marx of any water body,or within 300'of an anadromous fish stream,with the exteption of a pipeline corridor and its associated pipeline service road.Tn2 100'(or 307'. must consist of a natural vegetative buffer,where practicab:s. 16.The boundaries of fill areas in wetlands must be sté=: f 2a or flagced prior to construction to prevent inadvertent encroachment o at*acent lance. 17.You must maintain the activity authorized by this pernit in good condition and in conformance with the terms and conditions of tAis permit. are not relieved of this requirement if you abandon the permitied activity,. may make a good faith transfer to a third party in compliance «ith condit::: below.Should you wish to cease to maintain the authorized éetiivity or t: -3- abandon it without a good faith transfer,you must obtain a modification of this authorization from this office,which may require restoration of the area. 18.Prior to selling the property associated with an activity authorized by this GP,the permittee must contact this office for the approrriate transfer documentation. 19.The District Engineer,or his designated representative(s),must be allowed to inspect the authorized activity at any time deemed necessary to ensure that the work is being or has been accomplished in accordance with the terms and conditions of this GP. 20.No activity authorized by the GP shall adversely affect historic properties.If any historic properties are known to exist in the project area, the Corps shall consult with the State Historic Preservation Officer (SHPO) before authorization under the GP is granted.In the case of é Federal or State applicant,the applicant must consult with the SHPO prior to ccntacting the Corps of Engineers for authorization. 21.%&If any previously unknown historic or archeological remains are discovered while accomplishing the work authorized by this GP,this office must immediately be notified at (800)478-2712.In the case of a Federal or State applicant,the applicant must contact both the SHPO and this office.The - District Engineer or lead Federal agency shall initiate the necessary coordination with the SHPO to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22.The proposed activity shall not adversely affect any species listed as threatenedor endangered under the Endangered Species Act of 1573 (Act),as amended.Additionally,the proposed activity shall not jeopardize the continued existence of any proposed species under the Act.A Federal cr State applicant Must contact the U.S.Fish and Wildlife Service and the Nationa.Marine Fisheries Service regarding the presence of threatened or endangered species. The Corps of Engineers will contact the U.S.Fish and Wildlife Service on behal£ of other applicants.If it is determined that threatened or enctangered species are present and that an effect may occur,then the District Ensineer or lead Federal agency shall initiate Section 7 consultation with the Services for the particular application.The presence or subsequent discovery -cf a threatened, endangered or proposed species which may be affected by a permitted action or related activities may result in a delay of permit issuance 'fcr the specific operation in order to include Section 7 consultation and/or ccrierence,as required by the Act.. > 7 PROCEDURE: The following procedures will be requirec 45 4 part of the prizised GP: a.All persons desiring to perform work under the propose==P must supm.t the following information:1)@ vicinity map ana legal descrizction (section, township,range,meridian);2)plan views and typical cross sections of all project components,and a plan view of the entire project (Examples of typical drawings and plans are attached);3)aerial photographs (or xeroxed copies,if reasonably available);4)a written description of the proposed work;5)a statement of project purpose and intended use;6)dimensions (L x W x H)of all fill pads;7)approximate cubic yardage and acreage to be filled for each project component;8)volume and type of materials removed;9)location of overburden disposal;10)type of fill material,and location/source,if reasonably available;11)stabilization and restoration methods;12)a description of alternative locations considered and a written justification for discharge in wetlands;13)a plan to avoid or minimize disturbance to wetland vegetation and soils and a plan for revegetation,if disturbance cannot be avoided,and 14)a description of existing fuel tank farms(how many tanks, capacity,if in use or abandoned)in the particular community. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.Under certain circumstances,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies (see PCN procedure,below). c.Usually,an authorization letter will be sent to the permittee within 30. days of receipt of all required information.Written authorization to proceed must be received from the Corps prior to commencement of work. PRE-CONSTRUCTION NOTIFICATION PROCEDURE (PCN): A PCN is required in the following circumstances:if the footprint of the project (not including access roads)is larger than 1 acre,if any fill pad must be discharged closer than 100'to an open waterbody,or 300"from an anadromous fish stream,or if the Corps deems it necessary for other factors. a.The applicant shall submit the information listed above. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.If the GP is applicable,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies.; c.The agencies and any interested parties have 15 calendar days to contact the Corps,in writing,by FAX,or by telephone,with comments on the project. One 15-day extension will be granted if any of the commenting parties request an extension.If consensus (all commenting parties and the Corps must agree) cannot be reached,either in writing,by FAX,or by telephone conversation at the end of the 15 or 30 day period,the application will be processed under individual corps permit procedures with a separate public notice (33 CFR 325.2(a)(1-5)).Absence of response will be considered to be consent. d.If consensus is reached,a GP authorization is issued.Special conditions may be added to the authorization. -5- FURTHER INFORMATION: a.Limits of the Proposed Authorization 1.This permit does not grant any property rights or exclusive privileges. 2.This permit does not authorize any injury to the property or rights of others., 3.This permit does not authorize interference with any existing or proposed Federal project. b.Limits of Federal Liability In issuing this permit as proposed,the Federal Government does not assume any liability for the following: 1.Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. 2.Damages to the permitted project or.uses thereof as a result of current or future activities undertaken by or on behalf of the U.S.in the public - interest.: 3.Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. 4.Design or construction deficiencies associated with the permitted work. 5.Damage claims associated with any future modification,suspension,or revocation of this permit. c.Reevaluation of Permit Decision This office may reevaluate its decision on this GP or specific authorizations of this GP at any time the circumstances warrant.Circumstances that could require a reevaluation include,but are not limited to,the following: 1.Authorized work fails to comply with the terms and conditions of the permit. 2.Appropriate new information is presented which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension,modification,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.The referenced enforcement procedures provide for the issuance of an administrative order requiring compliance with the terms and conditions of tne GP and for the initiation of legal action where appropriate.Anyone do.under the GP will be required to pay for any corrective measures ordered office,and if there is failure to comply with such directive,this office in certain situations (such as those specified in 33 CFR 209.170)accomplisi. corrective measures by contract or otherwise,or may bill the permittee for t cost. MONITORING AND REPORTING Annually,the Corps of Engineers shall compile a report summarizing all authorizations under the GP.The report shall include,at a minimum,the number of acres authorized to be filled and the cubic yardage authorized.The report shall be made available to all commenting agencies and any interested party upon request.Comments by interested parties shall be considered in the five-year re-evaluation. PENALTIES FOR VIOLATIONS: Failure to comply with the terms and conditions of this permit may result in suspension of the work,revocation of the permit,removal of dredged and/or fill material or other structures,directed restoration of wetlands,and/or impositions of penalties as provided by law. The discharge of fill material not in accordance with the terms and conditions of the proposed GP will be a violation of Section 301 of the Clean Water Act (33 U.S.C.1319),and upon conviction thereof is punishable,in accordance with Section 309 of the Clean Water Act,by a fine of up to $50,000, per day of violation,or by imprisonment of not more than three years,or both. EXTENSION,MODIFICATION AND REVOCATION OF THIS GP This GP may be revoked by issuance of a Public Notice at any time the District Engineer (DE)determines that the singular or cumulative effects of the activities authorized herein are having more than minimal adverse effect on the public interest.Following such revocation,all new applications shall be processed under individual permit application review procedures,and the DE shall decide on a case-by-case basis if previously authorized activities should be revoked,suspended,or modified. This GP shall be in effect for a period of five years.During the fifth year,this GP and the work authorized under it will be reviewed to determine .f it should be modified,extended,or discontinued. Applications received prior by the expiration date will be considered for authorization under the GP.Any activity authorized by the GP must be completed within 12 months of the expiration date unless the GP is subsequently reauthorized. FOR THE DISTRICT ENGINEER: M2029 Chom Date Don M.Kohler,Chief North Section Regulatory Branch Alaska District, Army Corps of Engineers STATE OF AUUNSIVE,|sone came OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENTAND BUDGETDIVISIONOFGOVERNMENTALCOORDINATION PIPELINE COORDINATOR''S OFFICE 411 W.4"Avenue,Suite 2C ANCHORAGE,AK 99501-2343 PH:(907)271-4317/FAX:(907)272-0690 March 8,1999 Georgeanne Reynolds U.S.Army Corps of Engineers P.O.Box 898 Anchorage,AK 99506-0898 Dear Ms.Reynolds: SUBJECT:Village Bulk Fuel Storage Facilities Proposed General Permit 96-07 Final Consistency Determination STATE LD.NO.AK9803-030G (formally AK9611-030G) The Division of Governmental Coordination (DGC)has completed the Alaska Coastal Management Program (ACMP)review of the Army Corps of Engineers'consistency determination for the Village Bulk Fuel Facilities,General Permit 96-07. Project Description The District Engineer,Alaska District,U.S.Army Corps of Engineers (COE),1s proposing to issue General Permit 96-07 (GP96-07)under authonity of Section 404 of the Clean Water Act. GP96-07 would authorize the placement of fill material in wetlands and available uplands, statewide for the purpose of new construction,replacement,relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska. Activities covered under the proposed GP96-07 would include the discharge of fill,material and excavation.Activities,such as land-clearing,ditching and back-filling in wetlands for the purpose of new construction,relocation,replacement,consolidation,or upgrade of facilities for the transfer,storage,distribution,and dispensing of bulk fuel.Along with associated support features,including roads would be covered. The proposed GP would authorize placement of an un-quantified amount of fill in up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000 feet in length;1)for structural fills for the support of bulk fuel storage tanks;2) for the construction of secondary containment dikes and structures;3)for piping,pumps, GP96-07,Village Bulk Fuel 2 G.Reynolds.COE,3/8/99 AK9803-030G,[CD buildings,equipment storage (including protected and secure storage for oil spill response equipment),vehicle parking,security fencing;4)for fills for fuel dispensing stations and tanks; and,5)for fills associated with fuel transfer and dispensing pipelines. The proposed GP96-07 is intended to facilitate authorization for fuel tank farms for such uses as fueling of vehicles,aircraft,and vessels;the heating of buildings;and power generation within rural Alaska villages.The construction,replacement,relocation,consolidation,or upgrade of bulk fuel storage facilities in the following larger communities is not covered under the proposed GP96-07:Municipality of Anchorage,Palmer,Wasilla,Fairbanks,North Pole,Juneau,Douglas, Ketchikan,Wrangell,Petersberg,Sitka,Haines,Skagway,Homer,Seward,Kenai,Soldotna, Kodiak,Valdez,and Cordova. General Conditions 1 and 15 of GP96-07 require a 15 day pre-Construction Notification (PCN)if any of the following circumstances exist:(a)the footprint of the project is larger than 1 acre;(b) any fill pad must be discharged closer than 100 feet to an open water body. GP96-07 is proposed to relieve some of the administrative burden for applicants and involved agencies that would be associated with individual permit application review.GP96-07 would authorize the above referenced activities when,after consultation with federal and state regulatory and resource agencies,the District Engineer determines that the proposed class of activities would be minor,and would not have more than a minimal individual or cumulative impacts on the human environment.All activities under GP96-07 would be required to be conducted within the scope,terms and conditions of the GP.If an activity does not fall within the scope of the proposed GP96-07 or meet the requirements of the conditions,and individual Department of Army permit would be required. Although the proposed GP96-07 is designed to meet the scope of Alaska Department of Community and Regional Affairs,Division of Energy programs,other federal,state,and local governments,as well as commercial entities and individuals may apply to complete projects under this authorization.It is intended that deficiencies and violations at existing fuel storage facilities could be rectified by construction,replacement,relocation,consolidation,or upgrade of facilities for the transfer,storage,distribution,and dispensing of bulk fuel.The State of Alaska supports a regulatory program,such as the proposed GP96-07,that is administered to be responsive to the public need provided adequate safeguards are included which protect important fish and wildlife populations and habitats. This proposed consistency determination applies to the federal activity of issuing GP96-07.The proposed GP96-07 will not be issued until a certification or waiver of certification,as required under Section 401 of the Clean Water Act,has been received from the Alaska Department of Environmental Conservation. Scope of Review The following federal and state permits and authorizations will be required for your proposed project: Army Corps of Engineers -Section 404 Clean Water Act (33 U.S.C.1344) GP9607,Village Buik Fuel 3G.Reynolds,COE,3/8/99 AK9803-030G,fCD Alaska Department of Environmental Conservation -Section 401 (for the Section 404 Permit) Consistency Determination Based on the review of your project by the Alaska Departments of Environmental Conservation, (DEC)Fish and Game (DFG),and Natural Resources (DNR)and Alaska's Coastal Districts,the state concurs with your certification that the project is consistent with the ACMP provided the conditions outlined in the following stipulations are met. The following conditions will be included on the DEC 401 Certification: Pre-Construction Notification Threshold: . 1.A Pre-construction Notification (PCN)must be distributed to the Departments of Environmental Conservation,Fish and Game,Natural Resources,and the Division of Governmental Coordination if the footprint of the project (not including access roads)is larger than 1 acre. Fuel Facilities: 2.Water discharged from the containment area,and runoff water from fuel dispensing facilities, must meet the Alaska Water Quality Standards.Any sheen present on the accumulated water may be removed by using sorbent pads,an oil/water separator,or other effective means prior to discharge.Materials must be available at the site to contain and clean up incidental spills 'and leaks. Excavation and Fill: 3.Storage,transport,and disposal of excavated materials must be managed to prevent sediment from being carried into adjacent wetlands and waters,and to prevent leachate from causing odor problems or degradation of water quality.Excavated materials must be stored and disposed at least 100'from any waterbody.Excavation of overburden must be followed by placement of fill within the shortest reasonable time,so that substrate is not left exposed for extended periods. 4.The roadway and appurtenances must be constructed to minimize sedimentation caused by erosion. Rationale:Stipulations 1-4 are necessary to protect water quality and the state's resources.[6 AAC 80.140,Air,Land,and Water Quality Standard] Advisories 1)An applicant for coverage under the General Permit is advised that a project must comply with the Alaska Fire and Life Safety Regulations (13 AAC 50-55),including referenced portions of the Uniform Fire Code;among other things,these codes address seismic and wind loading,containment area drain valve security,and installation and protection of piping.The GP96-07,Village Bulk Fuel 4 G.Reynolds.COE,3/8/99 AK9803-030G,{CD 2) 3) 4) 5) 6). 7) 8) 9) applicant is advised that a project also must comply with requirements of the EPA Spill Prevention,Containment and Cleanup Plan (SPCC Plan)(40 CFR Part 112),which apply to a facility with a single tank over 660 gallons and two or more tanks over 1320 gallons. Please be advised that any use of state owned land managed by the Department of Natural Resources may require a land use authorization and a separate public notification process. This includes use of state owned uplands,tidelands or submerged lands.Questions about state land ownership may be directed to the Alaska Department of Natural Resource's Public Information Office at (907)269-8400. DEC advises the applicant that a bulk fuel storage facility with a capacity of 10,000 barrels or greater is subject to regulation and certain approvals by the Department of Environmental Conservation in accordance with Alaska Statutes (AS 46.04). Please be advised that any release of petroleum products to land or water must be reported to the Department of Environmental Conservation at the following telephone numbers,in accordance with Alaska Statutes (AS 46.03.755 -AS 64.09.010). DAYTIME (EXCEPT HOLIDAYS): Fairbanks:(907)451-2121 Anchorage:(907)269-7500 Juneau:(907)465-5340 AFTER HOURS AND HOLIDAYS:800-478-9300 Materials must be available at the site to contain and clean up incidental spills and leaks. Seismic activity and wind loading must be considered during tank design;appropriate anchors must be installed as necessary.The entire facility must be designed to withstand the rigors of the expected operating environment. The containment structure must be constructed so that it can be drained of water accumulation through a secure valve with a locking mechanism to prevent unauthorized discharge. To assist in leak detection,to the extent practicable,all piping must be above ground. Examples of possible exceptions are road crossings,containment dike penetrations,and piping in utiladors.Above-ground piping must be placed on pipe supports that prevent chaffing and corrosion.Piping must be protected against vehicular damage.Piping that is placed underground must be adequately protected against corrosion. Please be advised that the subsistence tradition needs to be protected:any individual project will not adversely impact subsistence uses,remove indispensable fish or game habitat from use,or cause a decrease in the range or extent of diversity within the local ecology that the village depends upon for food.Prior to project implementation possible adverse impacts of the action on subsistence use must be analyzed and safeguards provided to assure subsistence use. 10)Please be advised that any individual proposed project within the Cenaliulriit Coastal Resource Service Area will not interfere with,destroy,or desecrate sites,artifacts,structures, GP96-07,Village Bulk Fuel 5G.Reynolds,COE,3/8/99 AK9803-030G.fCD or other cultural resources.Further,Cenaliulriit and DNR are to be contacted should any artifacts be discovered at a development site on state land.This advisory is necessary to comply with Cenaliuiriit Coastal Management Plan Goals 3 and 4:To have a healthy indigenous culture that meets all of the social,cultural,and economic needs of the resident population,and;to have local Yup'ik history and pre-history protected,studied,and preserved for generations. 11)The proposed siting of individual projects will not include "essential”habitats as defined by Cenaliulriit Coastal Management Plan Section 8 -Fish and Wildlife Habitats.Activities that will not conform to habitats standard 8.2 through 8.9 may be allowed provided that:there is a significant public need for the proposed use,there is no feasible or prudent alternative to meet the public need,and all feasible or prudent steps to maximize conformance with standards 8.2 through 8.9 will be taken. 12)Please be advised that if the project is located within the Matanuska-Susitna Borough (MSB) it must comply with all rules applicable to any special land use district or geographic area affected,including but not limited to MSB 15,16,and 17. 13)Please be advised that if any portion of this property is located within a federally-designated Flood Hazard Area,in accordance with Matanuska-Susitna Borough (MSB)17.29.100a Development Permit is required,a permit is required before any development begins in Zone A.17.29.040 defines development as "any man-made change to improved or unimproved real estate,including but not limited to buildings or other structures,mining,dredging,filling, grading,paving,excavation ort drilling operations located within the area of special flood hazard.” 14)The Kenai Peninsula Borough (KPB)advises potential applicants that KPBCMP Policy 13.2 a.Storage of Petroleum Products and Other Substances states:To the extent feasible and prudent,facilities for the storage...ofpetroleum products..exceeding 660 gallons capacity shall not be sited within the 100 year floodplain.In circumstances where alternative sites outside of the 100 year floodplain are not available,a KPB Floodplain permit would be required to satisfy Borough Code,Chapter 21.06 Floodplain Management and KPBCMP Enforceable Policy 3.2 Floodway and Floodplain Development 15)Please be advised that although the state has found the project consistent with the ACMP, based on your project description and any stipulations contained herein,you are still required to meet all applicable local,state and federal laws and regulations.Your consistency determination may include reference to specific laws and regulations,but this in no way precludes your responsibility to comply with other applicable laws and regulations. 16)If changes to the approved project are proposed prior to or during its siting,construction,or operation,you are required to contact this office immediately to determine if further review and approval of the revised project is necessary.If the actual use differs from the approved use contained in the project description,the state may amend the state approvals listed in this consistency determination. 17)Should cultural or paleontological resources be discovered as a result of this activity,we request that work which would disturb such resources be stopped,and that the State Histonc Preservation Office (269-8720)and the U.S.Army Corps of Engineers (COE)(753-2712)be GP96-07,Village Bulk Fuel 6 G.Reynolds,COE,3/8/99 AK9803-030G,fCD contacted immediately so that consultation per section 106 of the National Historic Preservation Act may proceed. 18)This consistency determination does not obligate DNR to issue authorization under AS 38.05, nor does it supersede the statutory obligations thereunder.You may not proceed with anyspecificlanduseactivityonsubjectStatelandsuntilauthorizedbyDNR/Division of Lands. Authorities outside the 6 AAC 50 may result in additional permit/lease conditions not contained in this consistency determination. Thank you for your cooperation in this review process.Please contact me by calling 271-4317 or by Fax at 272-0690,or by E-mail:gpavia@jpo.doi.gov if you have any questions regarding this review. on |Euséne (Gene)Pavia Project Review Coordinator Enclosures:none Distribution:ACMP Review Participants Coastal District Representatives and interested parties: Tina Anderson,Aleutians East Borough Karol Kolehmainen,Aleutians West CRSA Thede Tobish,Municipality of Anchorage Maxine Thompson,Mayor,City of Angoon Saline Haven,Annette Island Metlakatla Indian Community Chuck Degnan,Bering Straits CRSA John Malone,City of Bethel Arne Erickson,Bristol Bay Borough John Easton,Bristol Bay CRSA Alice Ruby,Bristol Bay CRSA Gail Alstrom,Cenaliulnit CRSA Moses Paukan,Sr.,Cenaliulritt CRSA Scott Janke,City of Cordova Sam Flora,City of Cordova Jon Bolling,City of Craig Alice Ruby,City of Dillingham Tom Healy,City of Haines Robert Pinard,City of Hoonah Adrian LeCormu,City of Hydaburg Gretchen Keiser,City and Borough of Juneau Lonnie Anderson,Mayor,City of Kake ) Glenda Landau,Kenai Peninsula Borough Lisa Parker,Kenai Pennsula Borough GP96-07,Village Bulk Fuel 7G.Reynolds,COE,3/8/99 AK9803-030G,fCD Jennifer Carman,Ketchikan Gateway Borough Doc Waterman,City of Klawock Donna Williams,Mayor,City of Klawock Linda Freed,Kodiak Island Borough Sheila Bergey,Lake and Peninsula Borough Ken Hudson,Matanuska-Susitna Borough Randy Romenesko,City of Nome Jon Dunham,North Slope Borough Victor Karmun,Northwest Arctic Borough Ginnie Porter,City of Pelican Leo Luczak,City of Petersburg Marlene Campbell,City and Borough of Sitka Gary Paxton,City and Borough of Sitka John Mielke,Mayor,City of Skagway Bob Ward,City of Skagway Char Kirkwood,City of St.Paul John Merculief,City of St.Paul Ginny Tierney,City of Thorne Bay David Dengel,City of Valdez Ann Poss,City of Whittier Carrie Williams,City of Whittier Scott Seaberg,City of Wrangell Carol Rushmore,City of Wrangell Tom Armour,City and Borough of Yakutat Brett Meyer,City and Borough of Yakutat Village of Tatitlek Village of Chenega Susan Saupet,Cook Inlet Regional Citizen's Advisory Council Amy Boulanger,Alaska Center for the Environment /Greenpeace Pam Miller,Arctic Connections Loren Flagg,Kenai Peninsula Fishermens Association Tamara Smid,Upper Cook Inlet Development Foundation Paul Jackson,Chugachmiut Inc. Peter Van Tuyn,Trustees for Alaska Jim Glaspell,Resource Analysts Bob Shavelson,Cook Inlet Keepers Tom Mortensen,Mortensen Associates Stephanie Madsen,Aleutians Seafood Processors Association Wiley Wilhelm,LCMF State Agencies Alaska Division of Governmental Coordination Glenn Gray,Juneau GP96-07,Village Bulk Fuel 8 G.Reynolds.COE,3/8/99 AK9803-030G,(CD Kerry Howard,Juneau Alaska Department of Community and Regional Affairs Nelda Warkintin,Anchorage Eric Marchegiani,Division of Energy,Anchorage Alaska Department of Fish and Game Ellen Fritts,Deputy Director,Juneau Bill Hanson,Douglas Clayton Hawkes,Douglas Glenn Seaman,ACMP Coordinator,Anchorage Al Ott,Northern Region,Fairbanks Wayne Doleza!,Southcentral Region,Anchorage Janet Schempf,Southeast Region,Juneau Alaska Department of Environmental Conservation Dave Sturdevant,Statewide Water Quality Coordinator Alaska Department of Natural Resources Nancy Welch,Northern Region,Fairbanks Alice Iliff,Southcentral ACMP Coordinator,Anchorage Lori Landstrom,Division of Parks and Outdoor Recreation,Soldotna Janet Burleson-Baxter,Statewide ACMP Coordinator Bill Garry,Division of Parks and Outdoor Recreation,Juneau Judith Bittner,State Historic Preservation Office,Anchorage Linda Medeiros/Kim Kruse,Division of Lands Alaska Department of Transportation and Public Facilities Andy Hughs,Juneau Norm Piispanen,Fairbanks Steven Horm,Anchorage 2/26/99 GENERAL PERMIT 96-07 VILLAGE BULK FUEL STORAGE FACILITIES The Alaska District,United States (U.S.)Army Corps of Engineers,in accordance with its regulations and pursuant to Section 404 of the Clean Water Act (Public Law 95-217,33 U.S.C.1344 et.seq.),has issued General Permit (GP) 96-07 for the placement of fill material in waters of the U.S.,including wetlands,statewide for the purpose of new construction,replacement, relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska. The discharge of fill material and activities such as mechanized landclearing,ditching and backfilling in wetlands,will be authorized for the purpose of new construction,replacement,relocation,upgrade or consolidation of facilities for the transfer,storage,distribution,and dispensing of bulk fuel,along with associated support facilities including roads. The GP is intended to facilitate the authorization of fuel tank farms for such uses as fueling of vehicles,aircraft,and vessels;and the heating of buildings and power generation within rural Alaskan villages.The construction, replacement,relocation,consolidation,or upgrade of bulk fuel storage facilities in the following larger communities is not covered under the proposed GP:Municipality of Anchorage,Palmer,Wasilla,Fairbanks,North Pole,Juneau, Douglas,Ketchikan,Wrangell,Petersburg,Sitka,Haines,Skagway,Homer,Seward, Kenai,Soldotna,Kediak,Valdez,and Cordova. Note:Authorizations granted under this GP apply only to work subject to the regulatory authority of the U.S.Army Corps of Engineers.They do not change in any manner the requirements or the need to meet any other required Federal,State,or local governmental authorizations.In particular,any permitted facility must also comply with the pertinent sections of the most recent Uniform Fire Code (Articles 7901 and 7902);and all facilities over 1,320 gallons must also have an EPA SPCC Plan (40 CFR 112).If the work authorized under the GP is subsequently modified by any other Federal,State,or local governmental authorization,a modification of the authorization to perform activities may need to be obtained from the Corps of Engineers. The GP authorizes the placement of dredged and fill material for a total footprint of up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000'in length.The GP may be used 1)for structural fills for the support of bulk fuel storage tanks: 2)for the construction of secondary containment dikes and structures;3)for piping,pumps,buildings,equipment storage (including protected and secure storage for oil spill response equipment),vehicle parking,and security fencing;4)for fills for fuel dispensing stations and tanks;and,5)for fills associated with fuel transfer and dispensing pipelines. APPLICABILITY The proposed GP is intended for use in rural Alaskan communities for the purpose of providing fuel to the community and its residents.This GP does not authorize projects in the communities listed on page 1. If the proposed work does not meet the requirements,terms,and conditions of the GP,the GP would not apply,and the application would be processed as an individual Department of the Army permit application under standard processing procedures and public noticed,as per 33 CFR 325.2. CONDITIONS OF THE GP All activities identified and authorized by this GP shall be consistent with the following conditions: 1.The maximum combined dimensions of all fills shall not exceed two (2) acres,including access roads.The maximum combined lengths of access roads shall not exceed 2,000 linear feet.Fill in uplands and in wetlands are included in the two acre-limit.For fills with a footprint larger than 1 acre, Pre-Construction Notification (PCN)procedures must be followed (see page 6). 2.%I£the access roads are connected to the State road system,the permittee must contact the Alaska Department of Transportation and Public Facilities to ensure that access road and driveway widths are sufficient to meet State standards. 3.The typical side slopes of all fills shall be no greater than 2:1(horizontal:vertical),or alternative means of stabilizing the side slopes shall be implemented,to prevent erosion and slumping.All fills shall be stabilized and maintained to minimize erosion and sedimentation into adjacent waters or wetlands. 4.Tanks shall be provided with at least one of the following mechanical or operational means to minimize the potential for tank overfilling: e High liquid level automatic shutoff devices set to stop flow at a predetermined tank liquid level; e High level alarms or signals that sound or display in a manner immediately recognizable by personnel conducting a transfer; e Automatic liquid level gauges; e Other effective mechanical/electrical equipment that aides in the prevention of tank overfilling;or e Other methods which involve direct operator monitoring and intervention to prevent tank overfilling. S.Petroleum storage tanks shall be located within a secondary containment structure that has the capacity to hold the volume of the largest tank within the containment area,plus enough additional capacity to allow for local precipitation where it will reduce the effective storage capacity.Containment structures may include berms,dikes or retaining walls that are constructed to prevent the release of spilled petroleum from the containment area,or they may 2 consist of diked or double walled tanks of less than 12,000 gallon capacity with an aggregate capacity of 40,000-gallon volume,or less.Containment structures shall be constructed of or lined with materials that are resistant enough to damage by both the products stored and the prevailing weather conditions,to maintain impermeability.Impermeable material shall completely cover the secondary containment area including the area beneath the tanks.Containment structures must meet the current Uniform Fire Code as adopted by the State of Alaska (13 AAC 50). 6.To reduce tank corrosion,the tank foundations shall be elevated or the containment area graded so that runoff flows away from and does not accumulate around the tank bottoms. 7.No equipment,vehicles or other materials shall be stockpiled or may not operate in wetlands or riparian areas,other than within the construction footprint. 8.A plan to avoid or minimize disturbance to wetland vegetation and soils, and to re-establish such vegetation when disturbance cannot be avoided shall be submitted with the application (see page 5)and subsequently implemented.Areas disturbed during site preparation,excavation,fill placement and construction must be carried out so as to minimize and contain the generation of silt and sediment that could be carried off-site or into waterbodies by surface runoff. Disturbed areas must be revegetated as soon as practicable,preferably in the Same growing season as the disturbance.Silt and sediment from site excavation and fill materials may not enter wetlands or waterbodies outside the necessary working area.Erosion protection,such as silt fences,straw bales,other effective filters,matting,or settling ponds shall be provided and remain in place until the soil is permanently stabilized.Work shall be avoided during periods of heavy precipitation. 9.To maintain long-term integrity of the permafrost,if present, sufficient fill shall be placed on the ground to provide thermal stability,or another methed must be used to accomplish this requirement.Signs of thermokarsting or standing water indicate non-compliance with this condition. 10.The fill shall consist of clean,uncontaminated material,or petroleum contaminated material that has been treated and meets the Alaska Department of Environmental Conservation (ADEC)cleanup standards for reuse and other ADEC requirements on the use of contaminated material in effect at the time. 11.The permittee must demonstrate contact with a registered professional engineer and the Fire Marshall to ensure that requirements for storage and handling of fuel are met. 12.Fuel storage tanks must be located above the 100-year flood level,or must be designed to withstand a 100-year flood event when the 100-year flood has been determined for the site.If the 100-year flood level has not been determined for the site,the tank flood design shall be developed by an engineer to withstand flood levels based on anecdotal evidence,physical evidence, climatic data and good engineering judgement. 13.Culverts shall be installed and maintained to avoid interruption of natural surface drainage. 14.Reasonable precautions and controls must be used during construction to prevent incidental and accidental discharge of petroleum products.Materials must be available at the site to contain and clean up incidental spills and leaks,and must be used to contain and clean up any petroleum product spilled as a result of construction activity. 15.Except by Pre-construction Notification (p.6),no fill for the tank farm (including the containment area),nor any fill for any other support feature (e.g.,staging areas or pipeline service road/construction access roads)for the tank farm,shall be discharged within 100'of the ordinary high water mark of any running stream,or within 300'of an anadromous fish stream, with the exception of a pipeline corridor or pipeline service/construction access road.The 100'(or 300')shall consist of a natural vegetative buffer. 16.The boundaries of fill and excavation areas in wetlands must be staked or flagged prior to construction to prevent inadvertent encroachment of adjacent lands. 17.The permittee shall obtain an Alaska Department of Fish and Game Fish Habitat Permit if activities are to be conducted in waters specified as being important for the spawning,rearing,or migration of anadromous fish (AS 16.305.870),or when work is to be conducted in any water body (AS 16.05.840). 18.No project will adversely impact subsistence uses,remove indispensable fish or game habitat from use,or cause a decrease in the range or extent of diversity within the local ecology that the village depends on for food. 19.The time limit for authorizing work under this GP ends five years from the date of issuance.Authorized work must be completed within 12 months after the expiration date of this GP. 20.The lands and facilities subject to this GP shall be maintained in good condition and in conformance with the terms and conditions of this GP,as well as with the project plans.The permittee is not relieved of this requirement if he or she abandons the permitted activity,although a good faith transfer to a third party may be made in compliance with condition 21 below.Should the permittee wish to cease to maintain the authorized activity or to abandon it without a good faith transfer,approval from this office must be obtained. Restoration of the area may then be required. 21.Prior to selling the property associated with an activity authorized by this GP,the permittee must contact this office for the appropriate transfer documentation. 22.The District Engineer,or his designated representative(s}),must be allowed to inspect the authorized activity at any time deemed necessary to ensure that the work is being or has been accomplished in accordance with the terms and conditions of this GP. 23.No activity authorized by the GP shall adversely affect historic properties.If any historic properties are known to exist in the project area, the Corps shall consult with the State Historic Preservation Officer (SHPO) before authorization under the GP is granted.In the case of a Federal or State applicant,the applicant must consult with the SHPO prior to contacting the Corps of Engineers for authorization. 24.If any previously unknown historic or archeological remains are discovered while accomplishing the work authorized by this GP,this office must immediately be notified at (800)478-2712.In the case of a Federal or State applicant,the applicant must contact both the SHPO and this office.The District Engineer shall initiate the necessary coordination with the SHPO to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 25.The proposed activity shall not adversely affect any species listed as threatened or endangered under the Endangered Species Act of 1973 (Act),as amended.Additionally,the proposed activity shall not jeopardize the continued existence of any proposed species under the Act.A Federal or State applicant must contact the U.S.Fish and Wildlife Service and the National Marine Fisheries Service regarding the presence of threatened or endangered species. The Corps of Engineers will contact the Service on behalf of other applicants. If it is determined that threatened or endangered species are present and that an adverse effect may occur,then the District Engineer shall initiate Section 7 consultation with the Services for the particular application.The presence or subsequent discovery of a threatened,endangered or proposed species which may be affected by a permitted action or related activities may result in a delay of permit issuance for the specific operation in order to include Section 7 . consultation and/or conference,as required by the Act. PROCEDURE: The following procedures will be required as a part of the proposed GP: a.All persons desiring to perform work under the proposed GP must submit the following information:1)a vicinity map and legal description (section, township,range,meridian);2)plan views and typical cross sections of all project components,and a plan view of the entire project (Examples of typical drawings and plans are attached);3)aerial photographs (or xeroxed copies);4) a written description of the proposed work;5)a statement of project purpose and intended use;6)dimensions (L x W x H)of all fill pads;7)approximate cubic yardage and acreage to be filled for each project component;8)volume and type of materials removed;9)location of overburden disposal;10)type of fill material,and location/source,if reasonably available;11)stabilization and restoration methods;12)a description of alternative locations considered and a justification for discharge in and excavation of wetlands;13)a plan to avoid or minimize disturbance to wetland vegetation and soils and a plan for revegetation,if disturbance cannot be avoided,and 14)a description of existing fuel tank farms (how many tanks,capacity,if in use or abandoned)in the particular community. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.Under certain circumstances,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies (see PCN procedure,below). c.Usually,an authorization letter will be sent to the permittee within 15 days of receipt of all required information.Written authorization to proceed must be received from the Corps prior to commencement of work. PRE-CONSTRUCTION NOTIFICATION PROCEDURE (PCN): A PCN is required in the following circumstances:if the footprint of the project (not including access roads)is larger than 1 acre,if any fill pad must be discharged closer than 100'to an open water body,or if the Corps deems it necessary for other factors. The applicant shall submit the information listed above. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.If the GP is applicable,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies. c.The agencies and any interested parties have 15 calendar days to contact the Corps,in writing,by FAX,or by telephone,with comments on the project. One 15-day extension will be granted if any of the commenting parties request an extension.I£f£consensus (all commenting parties and the Corps must agree) cannot be reached,either in writing,by FAX,or by telephone conversation at the end of the 15 or 30-day period,the application will be processed under individual Corps permit procedures with a separate public notice (33 CFR 325.2(a)(1-5)).Absence of response will be considered to be consent. d.If consensus is reached,the application will be issued a GP authorization.Special conditions may be added to the authorization. FURTHER INFORMATION: a.Limits of the Proposed Authorization 1.This permit does not grant any property rights or exclusive privileges. 2.This permit does not authorize any injury to the property or rights of others. 3.This permit does not authorize interference with any existing or proposed Federal project. b.Limits of Federal Liability In issuing this permit as proposed,the Federal Government does not assume any liability for the following: L.Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. 2.Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S.in the public interest. 3.Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. 4.Design or construction deficiencies associated with the permitted work. 5.Damage claims associated with any future modification,suspension,or revocation of this permit. c.Reevaluation of Permit Decision This office may reevaluate its decision on this GP or specific authorizations of this GP at any time the circumstances warrant.Circumstances that could require a reevaluation include,but are not limited to,the following: 1.Authorized work fails to comply with the terms and conditions of the permit. 2.Appropriate new information is presented which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension,modification,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.The referenced enforcement procedures provide for the issuance of an administrative order requiring compliance with the terms and conditions of the GP and for the initiation of legal action where appropriate.Anyone doing work under the GP will be required to pay for any corrective measures ordered by this office,and if there is failure to comply with such directive,this office may in certain situations (such as those specified in 33 CFR 209.170)accomplish the corrective measures by contract or otherwise,or may bill the permittee for the cost. MONITORING AND REPORTING Annually,the Corps of Engineers shall compile a report summarizing all authorizations under the GP.The report shall include,at a minimum,the number of acres filled and the cubic yardage of fill placed in wetlands.The report shall be made available to all commenting agencies and any interested party upon request.Comments by interested parties shall be considered in the five-year evaluation. Within 90 days of completion of each project authorized under this GP,the permittee shall provide the Corps with copies of final as-built plans,a summary of the acreage affected,and cubic yardage of fill discharged.Copies shall be sent to:North Section,Regulatory Branch,CEPOA-CO-R-N,Post Office Box 898,Anchorage,Alaska 99506-0898. PENALTIES FOR VIOLATIONS: Failure to comply with the terms and conditions of this permit may result in suspension of the work,revocation of the permit,removal of dredged and/or fill material or other structures,directed restoration of wetlands,and/or impositions of penalties as provided by law. The discharge of fill material not in accordance with the terms and conditions of the proposed GP will be a violation of Section 301 of the Clean Water Act (33 U.S.C.1319),and upon conviction thereof is punishable,in accordance with Section 309 of the Clean Water Act,by a fine of up to $50,000, per day of violation,or by imprisonment of not more than three years,or both. 7 Pursuant to Section 12 of the Rivers and Harbors Act,civil penalties,including fines of not less than $500 and not more than $2,500 per day of the violation, or imprisonment of up to one year,or both,may be levied against any person who violates Section 10 of the Rivers and Harbors Act. EXTENSION,MODIFICATION AND REVOCATION OF THIS GP This GP may be revoked by issuance of a Public Notice at any time the District Engineer (DE)determines that the singular or cumulative effects of the activities authorized herein are having more than minimal adverse effect on the public interest.Following such revocation,all new applications shall be processed under individual permit application review procedures,and the DE shall decide on a case-by-case basis if previously authorized activities should be revoked,suspended,or modified. This GP shall be in effect for a period of five years.During the fifth year,this GP and the work authorized under it will be reviewed to determine if it should be modified,extended,or discontinued. FOR THE DISTRICT ENGINEER: Date Don M.Kohler,Chief North Section Regulatory Branch Alaska District,Army Corps of Engineers CONCUR CEPOA-CO Reynolds/cmm/3-2716 GLR(GP96-7)/3 Feb 938 GP 96-07 Dec.19-2000 2:03PM .artes LCMF 907-273-1831 No-0660 P.2/11 -Public Notice US Army Corps of Engineers Date:6 MAY 1999 Alaska District Identification No.SPN 99-05 Ragulatory Branch (1145b)- Post Office Box 898 In reply refer to above Identification Number Anchorage,Alaska 99506-0898 oe *” yaad SPECIAL PUBLIC NOTICE (SP)99-05 GENERAL PERMIT 96-07 VILLAGE BULK FUEL STORAGE FACILITIES e The Alaska District,United States (0.S.)Army Corps of Engineers,in accordance with its regulations and pursuant to Section 404 of the Clean Water Act (Public Law 95-217,33 U.S.C,1344 et.seq.),has issued General Permit (GP)96-07 for the placement of fill material in waters of the U.S., including wetlands,statewide for the purpose of new construction,replacement, relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska. 'The discharge of fill material and activities such as mechanized . landclearing,ditching and backfilling in wetlands,will be authorized for the purpose of new construction,replacement,relocation,upgrade or consolidationoffacilitiesforthetransfer,storage,distribution,and dispensing of bulk fuel,along with associated support facilities including roads. The GP is intended to facilitate the authorization of fuel tank farms for such uses as fueling of vehicles,aircraft,and vessels;and the heating of buildings and power generation within rural Alaskan villages.The construction, replacement,relocation,consolidation,or upgrade of bulk fuel storage facilities in the following larger communities are not covered under this GP: Municipality of Anchorage,Palmer,Wasilla,Fairbanks,North Pole,Juneau, Douglas,Ketchikan,Wrangell,Petersburg,Sitka,Haines,Skagway,Homer,Seward, Kenai,Soldotna,Kodiak,Valdez,and Cordova. Note:Authorizations granted under this GP apply only to work subject to the ragulatory authority of the U.S.Army Corps of Engineers.They do not change in any manner the requirements or the need to meet any other required Federal,State,or local governmental authorizations.In parzicular,any permitted facility must also comply with the pertinent sections of the most recent Uniform Fire Code (Articles 7901 and 7902);the Stats Fire Marshall, Alaska Department of Public Safety must be contacted;and all facilities overs 1,320 gallons must also have an EPA SPCC Plan (40 CFR +12).T£the work authorized under the GP is subsequently modified by any other rederal,State,or local governmental authorization,a modification of the autherization to perior activities may need to be obtained from the Corps of Engineers. D aw a Lockacd A . 'Dec.19-2000 2:03PM LCMF 907-273-1831 - No.0660 P.3/11 The GP authorizes the placement of dredged and fill material for a total footprint of up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000°in length.The GP may be used 1)for structural fills for the support of bulk fuel storage tanks; 2)for the construction of secondary containment dikes and structures;3)for piping,pumps,buildings,equipment storage (including protected and secure storage for oil spill response equipment},vehicle parking,and security fencing;4)for fills for fuel dispensing stations and tanks;and,5)for fills associated with fuel transfer and dispensing pipelines. All activities must be in accordance with the conditions of the general permit,a copy of which is attached.Failure to comply with the terms and conditions of the general permit could result in suspension,modification,or revocation of the permit,and/or imposition of penalties as provided by law. The attached terms and conditions outline the criteria that must be met in order for work to be accomplished under this general permit.Those wishing to perform work under this general permit must review these conditions carefully.If the proposed work does not meet the requirements of the conditions,the general permit will not apply and an individual Department of the Army permit application must be submitted.. This general permit has been issued for a period of five years,effective the date of the signature shown on the last page of the permit.At the end of this: five-year period,an evaluation of the general permit will be made,and at that time it will be decided whether or not this general permit should be renewed. The District Engineer,or his authorized representative,may at any time during this five-year period,.alter,modify,suspend,or revoke this permit,if he deems such action to be in the public interest. District Engineer Alaska District U.5.Army Corps of Engineer 'Dec.19-2000 2:04PM LCMF 907-273-1831 No-0660 P.4/11 -_ Public NoticeUSArmyCorpsDate:of Engineers 6 MAY 1999 Alaska District Identification No:GP 96-07 Regulatory Branch (1145b) Post Office Box 8938 In reply refer to above Identification Number Anchorage,Alaska 99506-08998 Expiration: GENERAI,PERMIT 96-7 Village Bulk Fuel Storage Facilities Under the authority of Section 404 of the Clean Water Act (Public Law 95-217,33 USC 1344 et.seq.),the Secretary of the Army has authorized the placement of dredged and fill material into waters of the United States,including wetlands,for the purpose of new construction,replacement,relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska,statewide.The GP authorizes the discharge of fill material for a total footprint of up to 2.9 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000'in length. APPLICABILITY This GP is intended for use in rural Alaskan communities for the purpose of providing fuel to the community and its residents.This GP does not authorize projects in the following communities:the Municipality of Anchorage,Palmer, Wasilla,Fairbanks,North Pole,Juneau,Douglas,Ketchikan,Wrangell, Petersburg,Sitka,Haines,Skagway,Homer,Seward,Kenai,Soldotna,Kodiak, Valdez,and Cordova. If the proposed work does not meet the requirements,terms,and condition of the GP,the GP would not apply,and the application would be processed as an individual Department of the Army permit application under standard processing procedures and public noticed,as per 33 CFR 325.2. CONDITIONS OF THE GP All activities identified and authorized by this GP shall be consistent with the following conditions: 1.The maximum combined dimensions of all fills shall not exceed two (2) acres,including access roads.The maximum combined lengths cf access roads shall not exceed 2,000 linear feet.Fill in uplands and in wa*lands are included in the two acre-limit.For fills with a footprint larger than 1 accra (not.ineluding access roads),Pre-Construction Notification (FIN)procedures must be followed (see page §). 2.If the access roads are connected to the State road system,the permittee must contact the Alaska Department of Transportation and Public Facilities to ensure that access roads and driveway widths are sufficient <3 meet State standards.:. 'Dec.19-2000 2:04PM =LCMF 907-273-1831 No-0660 oP.5/1) 3.The typical side slopes of all fills shall be no greater than 2:1°- (horizontalrvertical),or alternative means of stabilizing the side slopes shall be implemented,to prevent erosion and slumping.All fills shall be stabilized and maintained ta minimize erosion and sedimentation into adjacent waters or wetlands. 4.Tanks shall be provided with at least one of the following mechanical Or operational means to minimize the potential for tank overfilling: *High Liquid level automatic shutoff devices sat to stop flow at a predetermined tank liquid level; "High level alarms or signals that sound or display in a manner immediately recognizable by personnel conducting a transfer; *Automatic liquid level gauges; *Other effective mechanical/electrical equipment that aids in the prevention of tank overfilling:or *Other methods which involve direct operator monitoring and intervention to prevent tank overfilling. ea vo 5S.Petroleum storage tanks shall be located within a secondary containment structure that has the capacity to hold the volume of the largest tank within the containment area,plus enough additional capacity to allow for local precipitation where it will reduce the effective storage capacity.Containment structures may include berms,dikes or retaining walls that are constructed to prevent the release of spilled petroleum from the containment area,or they may consist of diked or double walled tanks of less than 12,000 gallon capacity with an aggregate capacity of 40,000-gallon volume,or less.Containment structures shall be constructed of or lined with materials that are resistant enough to damage by both the products stored and the prevailing weather conditions,to maintain impermeability.Impermeable material shall completely cover the secondary containment area including the area beneath the tanks.Containment structures must meet the current Uniform Fire Code as adopted by the State of Alaska (13 AAC 50). 6.To reduce tank corrosion,the tank foundations shall be elevated or the containment area graded so that runoff flows away from and does not accumulate around the tank bottoms. 7.No equipment,vehicles or other materials shall be stockpiled or may not operate in wetlands or riparian areas,other than within the construction footprint. 8.A plan to avoid or minimize disturbance to wetland vegetation and soils, and to re-establisn such vegetation when disturbance cannot be avoided shall be submitted with the application (see page 5)and subsequently implemented.Areas disturbed during site preparation,.excavation,fill placement and construction must be carried out so as to minimize and contain the generation of silt and sediment that could be carried off-site or into'waterbodies by surface runoff. Disturbed areas must be revegetated as soon as practicable,preferably in the = 2- 'Dec-19-2000 2:05PM LCMF 907-273-1831 No.0660 P.6/11 . Same growing season as the disturbance.Silt and sediment from site excavation and fill materials may not enter wetlands or waterbodies outside the necessaryworkingarea.Erosion protection,such as silt fences,straw bales,other effective filters,matting,or settling ponds shall be provided and remain in place until the soil is permanently stabilized.Work shall be avoided during periods of heavy precipitation. 9.To maintain long-term integrity of the permafrost,if present, sufficient fil1 shall be placed on the ground to provide thermal stability,or another method must be used to accomplish this requirement,Signs of thermokarsting or standing water indicate non-compliance with this condition. 10.The £411 shall consist of clean,uncontaminated material,or petroleum contaminated material that has been treated and meets the Alaska Department of Environmental Conservation (ADEC)cleanup standards for reuse and other ADEC requirements on the use of contaminated material in effect at the time. 11.Within 90 days of completion of each project:authorized under this GB, the permittee shall provide the Corps with copies of final as-built plans,a summary of the acreage affected,and cubic yardage of fill discharged.Prior toa construction,the permittee must demonstrate contact with a registered professional engineer and the Fire Marshall to ensure that requirements for storage and handling of fuel are met.This information must ba sent to:Norte Section,Regulatory Branch,CEPOA-CO-R-N,Post Office Box 898,Anchorage,Alaska 99506-0898. 12.Fuel storage tanks must be located above the 100-year flood level,or must be designed to withstand a 100-year floed event when the 100-year flood hasbeendeterminedforthesite.If the 100-year flood level has not been determined for the site,the tank flood design shall be developed by an engineer to withstand flood levels based on anecdotal evidence,physical evidence, climatic data and good engineering judgement. 13.Culverts shall be installed and maintained to avoid interruption of natural surface drainage. 14.Materials.must be available at the site to contain and clean up incidental spills and leaks,and must be used to contain and clean up any petroleum product spilled as a result of construction activity. 15.Except by Pre-construction Notification (p.5),no fii)for the tank farm (including the containment area),nor any fill for any other support feature (e.g.,staging areas or construction access roads)for the tank farm, shall be discharged within 100'of the ordinary high water marx of any water body,or within 300'of an anadromous fish stream,with the exception of a pipeline corridor and its associated pipeline service road.Tne 100'(or 363°: must consist of a natural vegetative buffer,where practicabie. 16.The boundaries of fill areas in wetlands must be staxsa or flagged prior to construction to prevent inadvertent encroachment of acjacent lands. 17.You must maintain the activity authorized by this pez=it in good condition and in conformance with the terms and conditions of cnis permit.':.. are not relieved of this requirement if you abandon the permitted activity.+ may make a good faith transfer to a third party in compliance «ith conditic: below.Should you wish to cease to maintain the authorized acrczivity or to -3 'Dec-19.2000 2:05PM =LCMF 907-273-1831 No.0660 P.7/11 abandon it without a good faith transfer,you must obtain a modification of this authorization from this office,which may require restoration of the area. .":ee au 4g rs,o 3 wots .18.Prior to selling the property associatedwithdin activifly -adfhorized bythisGP,the permittee must contact this office for the appropriate transfer documentation. 19,The District Engineer,or his designated representative(s),must beallowedtoinspecttheauthorizedactivityatanytimedeemednecessaryto ensure that the work is being or has been accomplished in accordance with the terms and conditions of this GP. 20.No activity authorized by the GP shall adversely affect historic properties,If any historic properties are known to exist in the project area, the Corps shall consult with the State Historic Preservation Officer (SHPO) before authorization under the GP is granted.In the case of a Federal or State applicant,the applicant must consult with the SHPO prior to centacting theCorpsofEngineersforauthorization. 21.If any previously unknown historic or archeological remains are discovered while accomplishing the work authorized by this GP,this office must immediately be notified at (800)478-2712.In the case of a Federalor Stateapplicant,the applicant must contact both the SHFO and this office.The * District Engineer or lead Federal agency shall initiate the necessary coordination with the SHPO to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22.The proposed activity snali not adversely affect any so ecies listed asthreatenedorendangered,under the Endangered Species Act of 15 73 (Act),as amended.Additionally,tha proposed activity shall not jeopardize the continued existence of any proposed species under tha Act.A Federal or State applicant must contact the U.S.Fish and Wildlife Service and the Nations.Marine Fisheries Service regarding the presence of threatened or endengered species. The Corps of Engineers will contact the U.S.Fish and Wildlife Service on behalf of other applicants.If it is determined that threatened or excangered species are present and that an effect may occur,then the District Engineer or lead Federal agency shall initiate Section 7 consultation with the Services for the particular application.The presence or subsequent discovery sf a threatened, endangered or proposed species which may be affected by a permicved action or related activities may result in a delay of permit issuance fer the specific operation in order to include Section 7 consultation and/or cssZarence,as required by the Act.. PROCEDURE: The following procedures will be required as a part of the prerised GP: a.All persons desiring to perform work under the propos2==P must submit the following information:1)a vicinity wap and legal descrigtion (section, ws'Dec. ' 19.2000 2:05PM LCMF 907-273-1831 No.0660 P.8/11 township,range,meridian);2)plan views and typical cross sections of all project components,and a plan view of the entire project (Examples of typicaldrawingsandplansareattached);3)aerial photographs (or xeroxed copies,ifreasonablyavailable);4)a written description of the proposed work;5)a statement of project purpose and intended use;6)dimensions (L x Wx H}of all fill pads;7)approximate cubic yardage and acreage to be filled for each project component;8)volume and type of materials removed;9)location of overburden disposal;10)type of fill material,and location/source,if reasonably available;11)stabilization and restoration methods;12)a description of alternative locations considered and a written justification for discharge in wetlands;13)a plan to avoid or minimize disturbance to wetland vegetation and soils and a plan for revegetation,iff disturbance cafinet be avoided,and 14)a description of existing fuel tank farms(how many tanks, capacity,if in use or abandoned)in the particular community. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.Under certain circumstances,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties andagencies(see PCN procedure,below). c.Usually,an authorization letter will be sent to the permittee within 36. days of receipt of all required information.Written authorization to proceed must be received from the Corps prior to commencement of work. PRE-CONSTRUCTION NOTIFICATION PROCEDURE (PCN): A PCN ig required in the following circumstances:if the footprint of the project (not including access roads)is larger than 1 acre,if any fill pad must be discharged closer than 100'to an open waterbody,or 300°from an anadromous fish stream,or if the Corps deems it necessary for other factors. a.The applicant shall submit the information Listed above. b..The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable,If the GP is applicable,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies. c.The agencies and any interested parties have 15 calendar days to contact the Corps,in writing,by FAX,or by telephone,with comments on the project. One 15-day extension will be granted if any of the commenting parties request an extension.If consensus (all commenting parties and the Corps must agree) cannot be reached,either in writing,by FAX,or by telephone conversation at the end of the 15 or 30 day period,the application will be processed under individual cerps permit procedures with a separate public notice (33 CFR 325.2(a)(1-5)).Absence of response will be considered to be consent. d."If consensus is reached,a GP authorization is issued.Special conditions may be added to the authorization. a5. _- _Dec.19.2000 2:06PM LCMF 907-273-1831 No.0660 P.9/11 2. Se . FURTHER INFORMATION: a.Limits of the Proposed Authorization 1.This permit does not grant any property rights "or exclusiveprivileges;""'cot 2.This permit does not authorize any injury to the property or rights of others,, 3.This permit does not authorize interference with any existing or proposed Federal project. b.Limits of Federal Liability In issuing this permit as proposed,the Federal Government does not assume any liability for the following: 1.Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. 2.Damages to the permitted project or.uses thereof as a result of current or future activities undertaken by or on behalf of the U.S.in the public Te. interest.. 3.Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. 4.Design or construction deficiencies associated with the permitted work. S.Damage claims associated with any future modification,suspension,or revocation of this permit. c.Reevaluation of Pexmit Decision This office may reevaluate its decision on this GP or specific authorizations of this GP at any time the circumstances warrant.Circumstances that could require a reevaluation include,but are not limited to,the following: 1.Authorized work fails to comply with the terms and conditions of the permit. 2.Appropriate new information is presented which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension,modification,and revocation procedures contained in 33 CER 325.7?ox enforcement procedures such as those contained in 33 CER 326.4 and 326.5.The referenced enforcement procedures provide for the issuance of an administrative order requiring compliance with the terms and conditions of tne =6- _Dec.19.2000°2:06PM =LCMF 907-273-1831 No-0660 oP.10/11weota ve " Po GP and for the initiation of legal action where appropriate.Anyone do.under the GP will be required to pay for any corrective measures ordered office,and if there is failure to comply with such directive,this office in certain situations (such as those specified in 33 CFR 209.170)accomplisi. corrective measures by contract or otherwise,or may bill the permittee for t cost. MONITORING AND REPORTING Annually,the Corps of Engineers shall compile a report summarizing all authorizations under the GP,The report shall include,at a minimum,the number of acres authorized to be filled and the cubic yardage authorized,The report shall be made available to all commenting agencies and any interested party upon request.Comments by interested parties shall be considered in the five-year re-evaluation.' PENALTIES FOR VIOLATIONS: Failure to comply with the terms and conditions of this permit may result is suspension of the work,revocation of the permit,removal of dredged and/or fillmaterialorotherstructures,directed restoration of wetlands,and/or impositions of penalties as provided by law. The discharge of fill material not in accordance with the terms and conditions of the proposed GP will be a violation of Section 301 of the Clean Water Act (33 U.S.C.1319),and upon conviction thereof is punishable,in accordance with Section 309 of the Clean Water Act,by a fine of up te $50,000, per day of violation,or by imprisonment of not more than three years,or both. EXTENSION,MODIFICATION AND REVOCATION OF THIS GP This GP may be revoked by issuance of a Public Notice at any time the District Engineer (DE)determines that the singular or cumulative effects of the activities authorized herein are having more than minimal adverse effect on the public interest.Following such revocation,all new applications shall be processed under individual permit application review procedures,and the DE shall decide on a case-by-case basis if previously authorized activities shou!d be revoked,suspended,or modified. This GP shall be in effect for a period of five years.During the fifth year,this GP and the work authorized under it will be reviewed to determine +f it should be modified,extended,or discontinued. -T- 'Dec-19-2000 2:06PM LCMF 907-273-1831 No.0660 P.VI/I1.vue .. Applications received prior by the expiration date will be considered for authorization under the GP.Any activity authorized by the GP must be completed within 12 months of the expiration date unless the GP is subsequently reauthorized, FOR THE DISTRICT ENGINEER: aefP7 Cy Lb.Date -Don M.Kohler,Chief North Section Regulatory Branch Alaska District, Army Corps of Engineers '* AIDEA/AEA Public US Army Corps Date: of Engineers.6 MAY 1999 Alaska District Identification No:GP 96-07 Regulatory Branch (1145b) Post Office Box 898 In xveply refer to above Identification NumberAnchorage,Alaska 99506-0898 Expiration: GENERAL PERMIT 96-7 Village Bulk Fuel Storage Facilities Under the authority of Section 404 of the Clean Water Act (Public Law 95-217,33 _USC 1344 et.seq.),the Secretary of the Army has authorized the placement of _ dredged and fill material into waters of the United States,including wetlands, for the purpose of new construction,replacement,relocation,upgrade or consolidation of bulk fuel storage facilities in rural Alaska,statewide.The GP authorizes the discharge of fill material for a total footprint of up to 2.0 acres in wetlands and available uplands,including access roads in wetlands and available uplands not to exceed 2,000'in length. ix) APPLICABILITY This GP is intended for use in rural Alaskan communities for the purpose of providing fuel to the community and its residents.This GP does not authorize projects in the following communities:the Municipality of Anchorage,Palmer, Wasilla,Fairbanks,North Pole,Juneau,Douglas,Ketchikan,Wrangell, Petersburg,Sitka,Haines,Skagway,Homer,Seward,Kenai,Soldotna,Kodiak, Valdez,and Cordova.. If the proposed work does not meet the requirements,terms,and conditions of the GP,the GP would not apply,and the application would be processed as an individual Department of the Army permit application under standard processing procedures and public noticed,as per 33 CFR 325.2. CONDITIONS OF THE GP All activities identified and authorized by this GP shall be consistent with the following conditions: 1.The maximum combined dimensions of all fills shall not exceed two (2) acres,including access roads.The maximum combined lengths of access roads shall not exceed 2,000 linear feet.Fill in uplands and in wetlands are included in the two acre-limit.For fills with a footprint lerger than 1 acre (not including access roads),Pre-Construction Notification (PCN)procedures must be followed (see page 5). 2.If the access roads are connected to the State road system,the permittee must contact the Alaska Department of Transportation and Public Facilities to ensure that access roads and driveway widths are sufficient to meet State standards. , 3.The typical side slopes of all fills shall be no greater than 2:1 (horizontal:vertical),or alternative means of stabilizing the side slopes shall be implemented,to prevent erosion and slumping.All fills shall be stabilized and maintained to minimize erosion and sedimentation into adjacent waters or wetlands. 4.Tanks shall be provided with at least one of the following mechanical or operational means to minimize the potential for tank overfilling: *High liquid level automatic shutoff devices set to stop flow at a predetermined tank liquid level; *High level alarms or signals that sound or display in a manner immediately recognizable by personnel conducting a transfer; *Automatic liquid level gauges; *Other effective mechanical/electricdl equipment that aids in the prevention of tank overfilling;or *Other methods which involve direct operator monitoringand intervention topreventtankoverfilling. 5.Petroleum storage tanks shall be located within a secondary containment structure that has the capacity to hold the volume of the largest tank within the containment area,plus enough additional capacity to allow for local precipitation where it will reduce the effective storage capacity.Containment structures may include berms,dikes or retaining walls that are constructed to prevent the release of spilled petroleum from the.containment erea,or they mayconsistofdikedordoublewalledtanksoflessfhan12,000 gallon capacity with an aggregate capacity of 40,000-gallon volume,or less.Containment structures shall be constructed of or lined with materials that are resistant enough to damage by both the products stored and the prevailing weather conditions,to maintain impermeability..Impermeable material shall completely cover the secondary containment area including the area beneath the tanks.Containment structures must meet the current Uniform Fire Code as adopted by the State of Alaska (13 AAC 50).. , 6.To reduce tank corrosion,the tank foundations shall be elevated or the containment area graded so that runoff flows away from.and does not accumulate around the tank bottoms. 7.No equipment,vehicles or other materials shall be stockpiled or may not operate in wetlands or riparian areas,other than within the construction footprint.:, 8.A plan to avoid or minimize disturbance to wetland vegezation and soils, and to re-establish such vegetation when disturbance cannot be evoided shall be submitted with the application (see page 5)and subsequently implemented.Areas disturbed during site preparation,excavation,fill placement end construction must be carried out so as to minimize and contain the generation of silt and sediment that could be carried off-site or into'waterbodies by surface runoff. Disturbed areas must be revegetated as soon as practicable,preferably in the -2- s same growing season as the disturbance.Silt and sediment from site excavation and fill materials may not enter wetlands or waterbodies outside the necessary working area.Erosion protection,such as silt fences,straw bales,other effective filters,matting,or settling ponds shall be provided and remain in place until the soilis permanently stabilized.Work shall be avoided duringperiodsofheavyprecipitation. 9.To maintain long-term integrity of the permafrost,if present, sufficient f111 shall be placed on the ground to provide thermal stability,or another method must be used to accomplish this requirement.Signs of thermokarsting or standing water indicate non-compliance with this condition. 10.The f£i11 shall consist of clean,uncontaminated material,or petroleum contaminated material that has been treated and meets the Alaska Department of Environmental Conservation (ADEC)cleanup standards for reuse and other ADEC requirements on the use of contaminated material in effect at the time. ll.Within 90 days of completion of each project authorized under this GP, the permittee shall provide the Corps with copies of final as-built plans,a summary of the acreage affected,and cubic yardage of fill discharged.Prior to construction,the permittee must demonstrate contact with a registered professional engineer and the Fire Marshall to ensure that requirements for storage and handling of fuel are met.This information :must be sent to:North Section,Regulatory Branch,CEPOA-CO-R-N,Post Office Box 898,Anchorage,Alaska- 99506-0898. 12.Fuel storage tanks must be located above the 100-year flood level,or must be designed to withstand a 100-year flood event when the 100-year flood has been determined for the site.If the 100-year flood level has not been 'determined for the site,the tank flood design shall be developed by-.an engineer to withstand flood'levels based on anecdotal evidence,physical evidence, climatic data and good engineering judgement. 13.Culverts shall be installed and maintained to avoid interruption of natural surface drainage. 14.-Materials must be available at the site to contain and clean up incidental spills and leaks,and must be used to contain and ciean up any petroleum product spilled as a result of construction activity. 15.Except by Pre-construction Notification (p.5),no fill for the tank farm (including the containment area),nor any fill for any other support feature (e.g.,staging areas or construction access roads)for the tank farm, shall be discharged within 100'of the ordinary high water mark of any water body,or within 300'of an anadromous fish stream,with the exception of a pipeline corridor and its associated pipeline service road.The 100'(or 300') must consist of a natural vegetative buffer,where practicable. 16.The boundaries of fill areas in wetlands must be staked or flagged. prior to construction to prevent inadvertent encroachment of edjacent lands. 17.You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit.You are not relieved of this requirement if you abandon the permitted activity,you may make a good faith transfer to a third party in compliance with condition 18 below.Should you wish to cease to maintain the authorized activity or to 3- abandon it without a good faith transfer,you must obtain a modification of this authorization from this office,which may require restoration of the area. 18.Prior to selling the property associated with an activity authorized by this GP,the permittee must contact this office for the appropriate transfer documentation. 19.The District Engineer,or his designated representative(s),must be '"allowed to inspect the authorized activity at any time deemed necessary to ensure that the work is being or has been accomplished in accordance with the terms and conditions of this GP. 20.No activity authorized by the GP shall adversely affect historicproperties.If any historic properties are known to existin the project area,the Corps shall consult with the State Historic Preservation Officer (SHPO) before authorization under the GP is granted.In the case of a Federal or State applicant,the applicant must consult with the SHPO prior to contacting:theCorpsofEngineersforauthorization. 21.If.any previously unknown historic or archeological remains are discovered while accomplishing the work authorized by this-GP,this office must immediately be notifiedat (800)478-2712.In the case of a Federal or Stateapplicant,the applicant must contact both the SHPO and this office.The District Engineer or lead Federal agency shall initiate the necessary coordination with the SHPO to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22.The proposed activity shall not adversely affect any species listéd as threatened or endangered under the Endangered Species Act of 1973 (Act),as amended.Additionally,the proposed activity shall not jeopardize the continued existence of any proposed species under the Act.A Federal or State applicant must contact the U.S.Fish and Wildlife Service and the National Marine Fisheries Service regarding the presence of threatened or endangered species. The Corps of Engineers will contact the U.S.Fish and Wildlife Service on behalf of other applicants.If it is determined that threatened or endangered species are present and that an effect may occur,then the District 'Engineer or lead Federal agency shall initiate Section 7 consultation with the Services for the particular application.The presence or subsequent discovery of a threatened, endangered or proposed species which may be affected by a permitted action or related activities may result in a delay of permit issuance for the specific operation in order to include Section 7 consultetion and/or conference,as required by the Act. PROCEDURE : The following procedures will be required as a part of the proposed GP: a.Rll persons desiring to perform work under the proposed GP must submit the following information:1)a vicinity map and legal description (section, township,range,meridian);2)plan views and typical cross sectionsof all project components,and a plan view of the entire project (Examples of typical drawingsand plans are attached);3)aerial photographs (or xeroxed copies,if reasonably available);4)a written description of the proposed work;5)a Statement of project purpose and intended use;6)dimensions (L x W x H)-of all fill pads;7)approximate cubic yardage and acreage to be filled for each project component;8)volume and type of materials removed;9)location of overburden disposal;10)type of fill material,and location/source,if reasonably available;11)stabilization and restoration methods;12)a description of alternative locations considered and a written justification for discharge in wetlands;13)a plan to avoid or minimize disturbance to wetland vegetation and soils and a plan for revegetation,if disturbance cannot be avoided,and 14)a description of existing fuel tank farms(how many tanks, capacity,if in use or abandoned)in the particular community. b.The Corps Project Manager reviews the application and determines if it 'is complete.If it is not complete,the*Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.Under certain circumstances,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties andagencies(see PCN procedure,below).. c.Usually,an authorization letter will be sent to'the permittee within 30 days of receipt of all required information.Written authorization to proceed must be received from the Corps prior to commencement of work. PRE-CONSTRUCTION NOTIFICATION PROCEDURE (PCN): A PCN is required in the following circumstarftes:if the footprint of the project (not including access roads)is larger than 1 acre,if any fill pad must be discharged closer than 100'to an open waterbody,or 300°from an anadromous fish stream,or if the Corps deems it necessary for other factors. a.The applicant shall submit the information listed above. b.The Corps Project Manager reviews the application and determines if it is complete.If it is not complete,.the Corps will request additional information from the applicant to make it complete and determine if the GP is applicable.If the GP is applicable,the Corps will then FAX the plans and descriptions of the proposed project to the appropriate interested parties and agencies. c.The agencies and any interested parties have 15 calendar days to contact the Corps,in writing,by FAX,or by telephone,with comments on the project. One 15-day extension will be granted if any of the commenting parties request an extension.If consensus (ail commenting parties and the Corps must agree) cannot be reached,either in writing,by FAX,or by telephone conversation at the end of the 15 or 30 day period,the application will be processed under individual corps permit procedures with a separate public notice (33 CFR 325.2(a)(1-5)).Absence of response will be considered to be consent. d.If consensus is reached,a GP authorization is issued.Special conditions may be added to the authorization.; -5- FURTHER INFORMATION: a.Limits of the Proposed Authorization 1.This permit does not grant any property rights or exclusive privileges. 2.This permit does not authorize any injury to the property or rights of others. 3.This permit does not authorize interference with any existingor proposed Federal project. b.Limits of Federal Liability In issuing this permit as proposed,the Federal Government does not assume anyliabilityforthefollowing: 1.Damages to the permitted project or uses thereof as a result of otherpermittedorunpermittedactivitiesorfromnaturalcauses. 2.Damages to the permitted project or-uses thereof as a result of current or future activities undertaken by or on behalf of the G.S.in the publicinterest.: 3.Damages to persons,property,or to other permitted or unpermittedactivitiesorstructurescausedbytheactivityauthorizedbythispermit. 4.Design or construction deficiencies assqciated with the permitted.work. 5.Damage claims associated with any future modification,suspension,or revocation of this permit., c.Reevaluation of Permit Decision This office may reevaluate its decision on this GP or specific authorizations of this GP at any time the circumstances warrant.Circumstancesthatcouldrequireareevaluationinclude,but are not limited to,the following: 1.Authorized work fails to comply with the terms and conditions of the permit. 2.Appropriate new information is presented which this office did not .consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension,modification,and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.The referenced enforcement procedures provide for the issuance of an administrative order requiring compliance with the terms and conditions of the 6- GP and for the initiation of legal action where appropriate.Anyone doing workundertheGPwillberequiredtopayforanycorrectivemeasuresorderedbythis.office,and if there is failure to comply with such directive,this office may . in certain situations (such as those specified in 33 CFR 209.170)accomplish thecorrectivemeasuresbycontractorotherwise,or may bill the permittee for the cost. MONITORING AND REPORTING Annually,the Corps of Engineers shall compile a report summarizing all authorizations under the GP.The report shall include,at a minimum,the number of acres authorized to be filled and tha-cubic yardage authorized.The report shall be made available to all commenting agencies.and any interested party uponrequest..Comments by interested parties shall be considered in the five-yearre-evaluation.' PENALTIES FOR VIOLATIONS: Failure to comply with the terms and conditions of this permit may result in suspension of the work,revocation of the permit,removal of dredged and/or fillmaterialorotherstructures,directed restoration of wetlands,and/or impositions of penalties as provided by law.: The discharge of fill materidlnot in accordance with the terms and conditions of the proposed GP will be a violation of Section 301 of the Clean Water Act (33 U.S.C.1319),and upon conviction thereof is punishable,in accordance with Section 309 of the Clean Water Act,by a fine of up to $50,000, per day of violation,or.by imprisonment of not more than.three years,or both. EXTENSION,MODIFICATION AND REVOCATION OF THIS GP This GP may be revoked by issuance of a Public Notice at any time the District Engineer (DE)determines that the singular or cumulative effects of the activities authorized herein are having more than minimal adverse effect on the public interest.Following such revocation,all new applications shall be processed under individual permit application review procedures,and the DE shall decide on a case-by-case basis if previously authorized activities should be revoked,suspended,or modified., This GP shall be in effect for a period of five years.During the fifth year,this GP and the'work authorized under it will be reviewec to determine if it should be modified,extended,or discontinued. Applications received prior by the expiration date will be considered for authorization under the GP.Any activity authorized by the GP must be completed within 12 months of the expiration date unless the GP is subsequently : 'reauthorized.: "FOR THE DISTRICT ENGINEER: L2079 Cae Date Don M.Kohler,Chief North Section . Regulatory Branch Alaska District,Army Corps of Engineers