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BELLS FLATS TR D-1 OF TR A - RezoneDEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION FG 96 -11 -0501 October 29, 1996 Mr. Royal Large Box 2634 Kodiak, Alaska 99615 Dear Mr. Large: TONY KNOWLES, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518 -1599 PHONE: (907) 344 -0541 NOV - 51996 COMMUNITY RTM DEPARTMENT Re: Closure of Application for Fish Habitat Permit - Sargent Creek Section 31, T. 28 S., R. 20 W., S.M.; Stream No. 259 -22 -10010 The Alaska Department of Fish and Game (ADF &G) has not received a response from you to our June 10, 1996 request for additional information, concerning your • proposal to do some bank stabilization work at the referenced location. The information submitted in your original request was incomplete. Because the normal work season for the type of work proposed has passed, we are closing the pending file for this project. If you wish to pursue doing the work during 1997, please complete the Coastal Project Questionnaire we mailed to you and also provide a complete set of plans and drawings which respond to the questions listed in our June 10, 1996 letter. As an advisory, if you wish to reapply, please allow at least 30 days processing time prior to planning to commence work. Allow even more time (up to 50 or 60 days minimum) if the work would require an authorization or permit from the U.S. Army Corps of Engineers. Sincerely, C. Wayne Dolezal Habitat Biologist Region 11 Habitat and Restoration Division (907) 267 -2285 cc: W. Donaldson, ADF &G J. McCullough, ADF &G L. Schwarz, ADF &G H. Hannafious, COE L. Freed, KIB 11- K107LH DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION FISH HABITAT PERMIT FG 96-11-0785 Kodiak Island Borough Attn: Mr. Bud Cassidy 710 Mill Bay Road Kodiak, AK 99615-6398 Dear Mr. Cassidy: Re: Bank Stabilization--Sargent Creek Stream Number 259-22-10010 SE1A Section 30, T. 28 S., R. 20 W., S.M. SID AK9608-17AA; COE 4-960477; Sargent Creek 3 TONY KNOWLES, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 ISSUED: October 11, 1996 EXPIRES: December 31, 1997 Pursuant to AS 16.05.870(b), the Alaska Department of Fish and Game (ADF&G) has reviewed your proposal to stabilize the Sargent Creek stream bank at the referenced location. We understand that the project entails several elements, including removal of part of a gravel bar, the installation of some stream bank barbs (groins), and the use,of bioengineering to plug and stabilize a. portion of an eroding bank that is now allowing water to flow into an abandoned gravel pit. The purpose of the project is to stabilize a 500 foot reach of the south bank of the creek. Up to 3,000 cubic yards of gravel and cobble will be removed an irregularly shaped area approximately 450 feet long by 100 feet wide. The materials will be excavated to a depth of about 20 inches. Plans call for doing the work while the gravel bar is dewatered. Dredging will be accomplished using a track mounted excavator, the dredge spoils will be loaded on dump trucks, and the dredge spoils will be hauled to an uplands disposal site. Equipment access to the gravel bar will be made via a temporarily installed gravel ramp on the south bank of Sargent Creek. At the upstream end of the project two riprap barbs (groins) will be installed. Plans call for keying the structures into the bank and sloping the top from a high elevation nearest the shore to a low elevation on the channel end. The barbs will extend about 15 feet into the stream channel, will be angled no more than 300 upstream, and will be spaced about 70 feet apart. The breached stream bank in the old gravel pit will be plugged using the root wads and boles of cottonwood trees, boulders, and gravel. Atop the plug and above the ordinary high water level of the creek will be placed a layer of soil and organic material. Willows will be planted over the entire structure. This project was reviewed for,consistency with the, standards of the Alaska -- Coastal Management Program, and a final consistency determination was received from the Division of Governmental Coordination on October 9, 1996. Sargent Creek has been specified as being important for the spawning, rearing, or migration of anadromous fish pursuant to AS 16.05.870(a). Your proposed project is located in and upstream of a portion of the system that supports spawning pink, chum, and coho salmon, and Dolly 11-K107LH FG 96 -II -0785 -2- October 11, 1996 Varden. Adult salmon spawning begins in mid July and extends through the fall. The eggs deposited in the streambed do not emerge as free swimming fish until late May or early June of the following year Salmon eggs deposited in streambed gravel are extremely vulnerable to any type of disturbance and cannot withstand shock or pressure. In addition, sediment deposited `on, top of salmon spawning sites may suffocate and thereby kill eggs. For these reasons instream work in salmon waters in the Kodiak area is generally prohibited in salmon spawning and rearing areas except between the period mid May -early June and mid July. In accordance with AS 16.05.870(d), project approval is hereby given subject to the following stipulation(s): • 1. Inwater work shall occur only during the period May 15 through July 15. - _2:;` vl Ilia to construction the location of the perimeter of the gravel bar excavation area shall .1 e tified_wi • stakes. - ,,�� � _ - - - '�� �,�i , - � � __._ � __ - - -- - -- - - -- ---. -- - .- - - _ '13: = • At least 10 days prior to construction, the ADF &G, Habitat and Restoration Division, offcershal�lab6, notified to arrange an on site inspection of the staked area Notification ; Tray ,be, rmade. either telephonically to (907) 267 -2333 or in writing to 333 Raspberry -• IRoad, Anchorage, Alaska, 99518 -1599. 4. The temporary access ramp shall be constructed only of clean, washed materials. The use of soil or organic laden materials is prohibited. 5. When removing material from the gravel bar, a natural plug shall be maintained at both the upstream and downstream end to prevent sedimentation of the flowing waters of Sargent Creek. When removing the final materials from the gravel bar, first the downstream plug shall be removed and then the upstream plug shall be removed. 6. The work site where the root wad and boulder plug is to be 'installed shall be enclosed within a sediment fence prior to beginning excavation to place the footer log and the root wads. The fencing must be firmly anchored to the streambed to prevent sedimentation of the stream. — 7. -- -All bank-cuts, slopes, fills, --and other exposed - earth work- attributable to this-project-shall be stabilized to prevent erosion which may occur both during and after the project. The permittee is responsible for the actions of contractors, agents, or other persons who perform work to accomplish the approved plan. For any activity that significantly deviates from the approved plan, the permittee shall notify the ADF &G, Habitat and Restoration Division, and obtain written approval in the form of a permit amendment before beginning the activity. Any action taken by the permittee or an agent of the permittee that increases the project's overall scope or that negates, alters,'or minimizes the intent or effectiveness of any stipulation contained in this permit will be deemed a significant deviation from the approved plan. The final - determination as to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF &G, Habitat and Restoration Division. Therefore, it is recommended that the ADF &G, Habitat and Restoration Division, be consulted immediately when a deviation from the approved plan is being considered. FG 96 -II -0785 -3- October 11, 1996 This letter constitutes 'a permit issued under the authority of AS 16.05.870. This permit must be retained on site during all phases of the stream bank' stabilization project summarized in this letter's first paragraph; Please be advised that this approval does not relieve you of the responsibility for securing other permits: state, federal, or local. Pursuant to 6 AAC 80.010 (b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which were a direct result of the failure to comply with this permit or any applicable law. The recipient of this permit (the permittee) shall indemnify, save harmless, and defend the department, its agents, and its employees from any and all claims, actions or liabilities for injuries or damages sustained by any person or property directly or indirectly from permitted activities or the permittee's performance under this permit. However, this provision has no effect if, and only if, the sole proximate cause of the injury is the department's negligence. This permit decision may be appealed in accordance with the provisions of AS 44.62.330 -- 44.62.630. Sincerely, Robert G. Bosworth, Deputy Commissioner Az- By: C. Wayne Dolezal Habitat Biologist Habitat and Restoration Division (907) 267 -2285 cc: L. Freed, KIB T. Rumfelt, DEC G. Gallis, FWP J. McCullough, ADF &G L. Schwarz, ADF &G R. Morris, NMFS A. Rappoport, USFWS H. Hannafious, COE M. McCrea, OMB/DGC OFFICE OF THE GOVERNOR. OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE 3601 'C' STREET, SUITE 370 ANCHORAGE. ALASKA 99503-5930 PH: (907) 269-7470/FAX: (907) 561-6134 October 7, 1996 Mr. Bud Cassidy Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Cassidy: 0 CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 99811-0030 PH: (907) 465-3562/FAX: (907) 465-3075 Subject: FINAL CONSISTENCY DETERMINATION Sargent Creek 3 STATE I.D. NO. AK9608-17AA TONY KNOWLES, GOVERNOR O PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 271-4317/FAX: (907) 272-0690 OCT - 9-1996 COMMUN;TY OEVELOPMENT DEPARTMENT The Division of Governmental Coordination (DGC) has_completed coordinating the State's review of your project for consistency with the Alaska Coastal Management Program (ACMP). On September 30, 1996, you were issued a proposed consistency determination for your project. The project is along the southen bank of Sargent Creek, approximately 1 mile from its confluence with Women' Bay on the south bank of the creek located in the SE% Section 30, T. 28 S., R. 20 W., S.M. Activities that would be authorized include excavating about 3,000 cubic yards of stream-deposited gravel and cobble from a dewatered gravel bar, stabilizing .a reach of Sargent Creek by constructing two rock berms (groins) and placing riprap, and plugging a breach in the river bank where river flows are escaping into abandoned gravel extraction pits. The materials will be excavated to a depth of about 20 inches. Plans call for doing the work while the gravel bar is dewatered. Dredging will be accomplished using a track mounted excavator, the dredge spoils will be loaded on dump trucks, and the dredge spoils will be hauled to an uplands disposal site. Equipment access to the gravel bar will be made via a temporarily installed gravel ramp on the south bank of Sargent Creek. Plans call for keying the two riprap barbs (groins) at the upstream end of the project into the bank and sloping the top from a high elevation nearest the shore to a low elevation on the channel end. The barbs will extend about 15 feet into the stream channel, will be angled no more than 30 degrees upstream, and will be spaced about 70 feet apart. The breached stream bank in the old gravel pit will be plugged using the root wads and boles of cottonwood trees, boulders, and gravel. A layer of soil and organic material will be placed atop the plug and above the ordinary high water 01-A35LH Sargent Creek 3 -2- October 7, 1996 AK9608 -17AA Final Determination level of the creek. Willows will be planted over the entire structure. This final consistency determination, developed under 6 AAC 50, applies to the following State and federal authorizations: U.S. Army Corps of Engineers (COE) Section 404, Permit No. 4- 960477 Alaska Department of Environmental Conservation (DEC) Certificate of Reasonable Assurance Alaska Department of Fish and Game (DFG) Title .16 Your project was reviewed for consistency by the Alaska Departments of Natural Resources, Environmental Conservation, and Fish and Game, and the Kodiak Island Borough. The State concurs with your certification that the project is consistent with the ACMP. As provided under 15 CFR 930.64(c), federal authorization of your project will be made with the full understanding that your original project proposal has been modified as described above. •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. Please be advised that the DEC and DFG predicate their comments that this:project is consistent on the basis that the work is done as described and when the gravel bar is dewatered. The State reserves the right to enforce compliance with this final consistency determination if the project is changed in any significant way, or if the actual use differs from the approved use contained in the project description. If appropriate, the State may amend the State approvals listed in this final consistency determination. Other Concerns /Advisories: If cultural or paleontological resources are 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 (762 -2626) and the U.S. Army Corps of Engineers (COE) (753 -2712) be contacted immediately so that consultation per section 106 of the National Historic Preservation Act may proceed. Sargent Creek 3 -3- October 7, 1996 AK9608-17AA Final Determination Please be advised that although the State has found your project consistent with the ACMP, based on your project description and any stipulations contained herein, you are still required to meet all applicable 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. By a copy of this letter we are informing the COE of our determination. If you have questions regarding this determination, please contact me at 269-7473. Sincerely, 4444.-e-e■P4-- Maureen McCrea Senior Project Review Coordinator cc: Mr. Tim Smith, SHPO, Department of Natural Resources, Anchorage Mr. Steven Horn, Permits Officer, Dept. of Transportation & Public Facilities, Anchorage Mr. Don McKay, Division of Habitat & Restoration, DFG, Anchorage Mr. Tim Rumfelt, DEC, Anchorage Ms. Linda L. Freed, Kodiak Island Borough, Kodiak Mr. U.L. Gross, Koniag, Inc., Anchorage Mr. Kelly Simeonoff, Jr., President, Kodiak Area Native Association, Kodiak Ms. Claire Holland, District. Ranger, State Parks, Dept. of Nat. Resources, Kodiak Houston Hannafious, Regulatory, Alaska District, U.S. COE n:\a-files\9608-17.fnt Via Fax 561-6134 Maureen McCrea Senior Project Review Coordinator OMB - DGC Southcentral Regional Office 3601 C Street, Suite 370 Anchorage, Alaska 99503-5930 Re: Sargent Creek 3 SID: AK9608-17AA Dear Maureen: Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 September 30, 1996 The Kodiak Island Borough has submitted the above-referenced project for review and approval through State and federal permitting programs, including the Alaska Coastal Managment Program. As you are aware, the Kodiak Island Borough is proposing this erosion control project in order to protect both residential structures and public facilities from potential damage from Sargent Creek. This project is an important one for both the Kodiak Island Borough (our firehall has the potential to be damaged), and private land/home owners. The Kodiak Island Borough requests that the State of Alaska find this project consistent with the Kodiak Island Borough Coastal Management Program (KIBCMP) and the Alaska Coastal Management Program (ACMP). Specifically, this project meets the following objective identified in the KIBCMP (page 1-14), among others: Encourage innovative development to maximize the use of available land. We believe that this project is an innovative solution to an erosion problem that threatens'to undermine both public and private assets. It is a project that has been coordinated extensively with the Alaska Department of Fish and Game and the U. S. Army Corps of Engineers, as well as others, in order to ensure that it is consistent with the policies of the KIBCMP and the standards of the ACMP. Kodiak island Borough Maureen McCrea September 30, 1996 Page Two If you have any questions about these comments, please call me at 486-9360. Respectfully, Linda L. Freed, Director Community Development Department cc: Bud Cassidy, KIB Wayne Dolezal, ADFG Houston Hannafious, COE Ali Iliff, ADNR. Tim Rumfelt, ADEC OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION 87SOUTHCENTRAL REGIONAL OFFICE 0 CENTRAL OFFICE 3601 'C' STREET, SUITE 370 P.O. BOX 110030 ANCHORAGE, ALASKA 99503 -5930 JUNEAU, ALASKA 99811 -0030 PH: (907) 269- 7470/FAX: (907) 561 -6134 PH: (907) 465- 3562/FAX: (907) 465 -3075 September 30, 1996 Mr. Bud Cassidy Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Cassidy: TONY KNOWLES, GOVERNOR 0 PIPELINE COORDINATOR'S OFFICE' 411 WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501 -2343 PH: (907) 271- 4317/FAX: (907) 272 -0690 Certified Mail Return Receipt Requested P 479 043 366 SUBJECT: PROPOSED CONSISTENCY DETERMINATION Sargent Creek 3 STATE I.D. NO. AK9608 -17AA OCT -- 21996 COMMUNITY DEVELOPMENT DEPARTMENT The Division of Governmental Coordination (DGC) is currently coordinating the State's review of your project for consistency with the Alaska Coastal- Management Program (ACMP) and has developed this proposed consistency determination based on reviewers' comments. The project is along the southen . bank of Sargent Creek, approximately 1 mile from its confluence with Women' Bay on the south bank of the creek located in the SE' /4 Section 30, T. 28 S., R. 20 W.., S.M. Activities that would be authorized include excavating about 3,000 cubic yards of stream - deposited gravel and cobble from a dewatered gravel bar, stabilizing a reach of Sargent Creek by constructing two rock berms (groins) and placing riprap, and plugging a breach in the river bank where river flows are escaping into abandoned gravel extraction pits. The materials will be excavated to a depth of about 20 inches. Plans call for doing the work while the gravel bar is dewatered. Dredging will be accomplished using a track mounted excavator, the dredge spoils will be loaded on dump trucks, and the dredge spoils will be hauled to an uplands disposal site. Equipment access to the gravel bar will be made via a temporarily installed gravel ramp on the south bank of Sargent Creek. Plans call for keying the two riprap barbs, (groins) at the upstream end of the project into the bank and sloping the top from a high elevation nearest the shore to a low elevation on the channel end. The barbs will extend about 15 feet into the stream channel, will be angled no more than 30 degrees upstream, and will be spaced about 01 -A35LH Sargent Creek 3 -2- September 30, 1996 AK9608-17AA Proposed Determination 70 feet apart. The breached stream bank in the old gravel pit will be plugged using the root wads and boles of cottonwood trees, boulders, and gravel. A layer of soil and organic material will be placed atop the plug and above the ordinary high water level of the creek. Willows will be planted over the entire structure. This proposed consistency determination, developed under 6 AAC 50, applies to the following State and federal authorizations: U.S. Army Corps of Engineers (COE) Section 404, Permit No. 4-960477 Alaska Department of Environmental Conservation (DEC) Certificate of Reasonable Assurance Alaska Department of Fish and Game (DFG) Title 16 Your project was reviewed for consistency by the Alaska Departments of Natural Resources, Environmental Conservation, and Fish and Game, and the Kodiak Island Borough,,,..The_State concurs with your certification that the project is consistent with the ACMP. Please contact me within five days of your receipt of this proposed determination to indicate whether or not you concur with this determination. If you are not prepared to concur within the five-day period, you may either: (a) request an extension of the review schedule, 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 without the stipulations included in this proposed determination. If I do not receive your request for extension or an elevation statement from you, or any other reviewing party with elevation rights as per 6 AAC 50.070(j), within five 'days of receipt of this letter, this proposed determination will be issued as a final consistency determination. Sargent Creek 3 -3- September 30, 1996 AK9608-17AA Proposed Determination Other Concerns/Advisories Please be advised that although the State has found the project consistent with the ACMP, based on your project description and any modifications contained herein, you are still required to meet all applicable 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. Please be advised that the DEC and DFG predicate finding this project consistent provided that the work is done as described and when the gravel bar is dewatered. 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 mayamend the State approvals listed in this consistency determination. 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 (762-2626) and the U.S. Army Corps of Engineers (COE) (753-2712) be contacted immediately so that consultation per section 106 of the .National Historic _Preservation Act may proceed. By copy of this letter we are informing the COE of our proposed determination. If you have any questions regarding this process, please contact me at 269-7473. Sincerely, Maureen McCrea Senior Project Review Coordinator cc: Mr. Tim Smith, SHPO, Department of Natural Resources, Anchorage Mr. Steven Horn, Permits Officer, Dept. of Transportation & Public Facilities, Anchorage Mr. Don McKay, Division of Habitat & Restoration, DFG, Anchorage Mr. Tim Rumfelt, DEC, Anchorage Ms. Linda L. Freed, Kodiak Island Borough, Kodiak Mr. U.L. Gross, Koniag, Inc., Anchorage Mr. Kelly Simeonoff, Jr., President, Kodiak Area Native Association, Kodiak Ms. Claire Holland, District Ranger, State Parks, Dept. of Nat. Resources, Kodiak Houston Hannafious, Regulatory, Alaska District, U.S. COE n:\a-files\9608-17.pro OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION 1/ SOUTHCENTRAL REGIONAL OFFICE O CENTRAL OFFICE 3601 'C' STREET. SUITE 370 P.O. BOX 110030 ANCHORAGE. ALASKA 99503 -5930 JUNEAU, ALASKA 99811 -0030 PH: (907) 269- 7470/FAX: (907) 561 -6134 PH: (907) 465- 3562/FAX: (907) 465 -3075 August 23, 1996 Mr. Bud Cassidy Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Cassidy: SUBJECT: START OF REVIEW Sargent Creek 3 STATE I.D. NO. AK9608 -17AA TONY KNOWLES, GOVERNOR O PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE. SUITE 2C ANCHORAGE, ALASKA 99501 -2343 PH: (907) 271 - 4317 /FAX: (907) 272 -0690 InTir AUG 26 COMMUNITY DEVELOPf1'IEN • DEPARTMENT The Division of Governmental Coordination (DGC) received the coastal project questionnaire, applications, required public notice(s), and supporting information you submitted for the State of Alaska's project consistency review. Included in that packet was a consistency certification submitted for our concurrence under Section 307(c)(3)(A) of the Federal Coastal Zone Management Act as per 15 CFR 930, Subpart D. The Alaska Coastal Management Program (ACMP) requires a public notice in the coastal district(s) that may be affected by the proposed activity. The U.S. Army Corps of Engineers /ACMP public notice was made on August 21, 1996. The project is along the southen bank of Sargent Creek, approximately 1 mile from its confluence with Women' Bay. Activities that would be authorized include excavating about 3,000 cubic yards of stream - deposited gravel and cobble from a dewatered gravel bar, stabilizing a reach of Sargent Creek by constructing two rock berms (groins) and placing riprap, and plugging a breach in the river bank where river flows are escaping into abandoned gravel extraction pits. Appropriate materials have been distributed to participants in the ACMP for their review and comments. Review participants, milestones, and the associated permits are indicated on the enclosed project information sheet and distribution list. The enclosed project information sheet includes a State I.D. number AK9608 -17AA; please refer to this number in any future reference to the project. Pursuant to AS 46.40.094 (d)(1), we have requested consistency review comments on the proposed project from State resource agencies, affected coastal Sargent Creek 3 -2- August 23, 1996 AK9608-17AA Start of Review resource districts, the public and any other interested parties. Persons with rights to'file a petition seeking review by the Coastal Policy Council of the proposed consistency determination (under AS 46.40.100 (b)(1)) must submit their comments by the appropriate deadline. The comment deadline specified on the project inforrnation sheet is September 26, 1996. By a copy of this letter we are informing the U.S. Army Corps of Engineers that the State's review has begun. Thank you for your cooperation in this review process. Sincerely, Maureen McCrea Senior Project Review Coordinator Enclosure cc: Mr. Tim Smith, SHPO, Department of Natural Resources, Anchorage Ms. Ali Iliff, ACMP Liaison, Department of Natural Resources, Anchorage Mr. Steven Horn, Permits Officer, Dept. of Transportation & Public Facilities, Anchorage Mr. Don McKay, Division of Habitat & Restoration, DFG, Anchorage Mr. Tim Rumfelt, DEC, Anchorage Mr. Carl Kalb, Department of Environmental Conservation, Palmer Ms. Linda L. Freed, Kodiak Island Borough, Kodiak Mr. U.L. Gross, Koniag, Inc., Anchorage Mr. Kelly Simeonoff, Jr., President, Kodiak Area,Native Association, Kodiak Ms. Claire Holland, District Ranger, State Parks, Dept. of Nat. Resources, Kodiak Houston Hannafious, Regulatory, Alaska District, U.S. COE n:\a-files\960B-17.su DEC Tim Rumfelt 269-7564 DFG Don McKay 267-2284 DNR Ali Iliff 762-2249 COE Houston Hannafious 753-2724 PROJECT INFORMATION SHEET PROJECT TITLE: Sargent Creek 3 STATE I.D. NUMBER: AK 9608-17AA DGC CONTACT: Maureen McCrea Phone: 269-7473 Fax: 561-6134 APPLICANT/PROPONENT: Kodiak Island Borough. AGENT: Bud Cassidy Phone: (907) 486-9302 Fax: (907) 486-9376 DIRECT FEDERAL ACTION: n REVIEW TYPE: CONSISTENCY ACTIVITY TYPE: OTHER PROJECT LOCATION: Nearest Coastal District: KODIAK Project is INSIDE/LANDWARD the District Boundary District Plan Approved: Y Latitude OD OM OS Longitude OD OM OS Township 28S Range 20W Section 30 Meridian SM REVIEW SCHEDULE: 50 DAYS REVIEW MILESTONES: Day 1: 08/23/96 Reviewer Request for Add'I Info: 09/17/96 Comments Due To DGC: 09/26/96 Proposed Determination Due On or Before: 10/06/96 Final Determination Due On or Before: 10/12/96 PROJECT PREVIOUSLY REVIEWED UNDER STATE I.D. NO. AK STATE APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER): DFG FISH HABITAT. PERMIT DEC CERTIFICATION NOTICE TO REVIEWERS: Distribution of applications for appropriation of water constitutes DNR's agency notice under AS 46.15. Separate notice from DNR discontinued beginning January 1991. FEDERAL APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER): COE SECTION 404 4-960477 REQUESTOR FOR EXTENSION: ELEVATION TO: ELEVATED BY: ACTION AT CLOSEOUT: Closeout Date: District Comments Received: For Conclusive Consistency Determinations: For Other Reviews: Comments Submitted: ADDITIONAL COMMENTS: US Army Corps of Engineers Alaska District Regulatory, Branch (1145b) Post Office Box 898 Anchorage, Alaska 99506-0898 Public Notice of Application for Permit PUBLIC NOTICE DATE: 21 August 1996 EXPIRATION DATE: 20 September 1996 REFERENCE NUMBER: 4-960477 WATERWAY NUMBER: Sargent Creek 3 Interested parties are hereby notified that an application has been,received for a Department of the Army permit for certain work in waters of the United States as described below and shown on the attached plan. APPLICANT: Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska. 99615. • - LOCATION: The proposed project is located in .section 30, T. 28-S., - R. 20 W., Seward Meridian, approximately 5 miles southwest of Kodiak, Alaska, along the southern bank of Sargent Creek, approximately 1 mile from its confluence with Womens' Bay, WORK: Excavate approximately 3,000 cubic yards (cy) of stream deposited -gravel and cobble from a dewatered gravel bar, stabilize a reach of Sargent Creek by constructionof 2,.rock berms. (groins) and placement of riprap, and Plugging a breach in the river bank where flows are escaping into abandoned gravel extraction pits. PURPOSE: The purpose of the proposed 'project is to stabilize eroding river bank that are threatening private residences, and public facilities. •ADDITIONAL INFORMATION: Representing the applicant is Mr. 1812dCassidy, Resource Manager, Kodiak Island Borough, 710,Mill Bay Road,.Kodiak,,klaska 99615, telephone (907) 486-9302. MITIGATION: As a result of preapplication coordination, the applicant has . proposed as a bio-engineering technique, incorporating a combination of rock ripap, tree stumps, And transplanted willow for streambank stabilization in an effort to reduce negative impacts to the aquatic environment. WATER OUALITY CERTIFICATION: A permit for the described work will not be issued until a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c) (3) of the Coastal Zone, Management Act of 1972, as amended by 16 U.S.C. 1456(c) (3), reauires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budget, Division of Governmental Coordination has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places. This worksite is not a registered or eligible property. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. • FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use the project area: Steelhead Trout, Sockeye Salmon, Chinook Salmon, Coho Salmon, Bald Eagle, Mallard, Canvasback Duck, and Peregrine Falcon. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include conformance with appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. SPECIAL AREA DESIGNATION: None. EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be -2- expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so, the conditions under which it will be allowed to occur, are therefore determined by the outccme of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land 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, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b) (1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320. 3), a permit will be Granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and /or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Mr. Houston L. Hannafious at (907) 753 -2724, if further information is desired concerning this notice. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Discharge dredged or fill material into waters of the United States - Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230). -3- A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments SARGENT CREEK FLOOD PROTECTION PROJECT FuNcTioNs . Revised version trcr, Corps of Er.,7: July 2, 1996 r I I tr ..- , ' IT; I'm • I. INTRODUCTION This request is made to address what we perceive as a perilous situation. Sargent Creek is shifting in it's flood plain and is jeopardizing two residential structures with a strong possibility of damaging the Womens Bay fire hall and Sargent Creek Road. The Borough is wanting to have a contractor enter the active flood plain to perform work that will alter the channel of Sargent Creek.. The result of the proposed activity will allow more water to pass through this portion of the channel in a manner that will not jeopardize the existing homes and public facilities. This action will also give additional time to address, in a more comprehensive fashion, the changes occurring in the river by fluvial experts. The action we are proposing is a band-aid approach to what must be done, we understand this, but we think our efforts are justified because of the potential flood damage to private structures and public facilities is eminent this spring or fall during periods of heavy rains. II. BACKGROUND Sargent Creek is shifting southerly in its flood plain, having eroded approximately 30 feet of a high river bank upon which a mature cottonwood forest grows. It is in this cottonwood grove that two residential structures are located. More importantly, the river has intersected two former gravel pits dug into the river's southern flood plain. The river is flowing into these gravel pits and away from'its former channel. In addition, the river has cut new channels adjacent to these gravel pits putting the Womens Bay Fire Station and Sargent Creek Road in jeopardy. We feel the key to preventing damage further downstream is removing material in an adjacent gravel bar , shore up the eroding river bank and plug the gap that has connected the creek with the former rock extraction p. its. III. DETAILED DESCRIPTION The project will consist of three parts. 1. REMOVING A PORTION OF AN EXISTING GRAVEL BAR. This effort will broaden the flood plain allowing more water to pass through this portion of the channel during high water events. The bar will be removed down to the depth of the current channel (20" + below water level). Approximately 3,000 cubic yards of river bed load from the flood plain of Sargent Creek will be moved to an upland site. The work will be accomplished with a 235 Caterpillar backhoe on tracks with a 5 yard bucket. The backhoe will load the material into 10 yard + dump trucks that will gain access to the river with the construction of a temporary gravel ramp from the adjacent river bank. 2. SHORING UP THE ERODING RIVER BANK. The eroding river bank will be protected with the construction of rock berm with rip-rap. This material will be placed and keyed into the river bottom and river bank with the use of a "thumb attachment" on the back hoe. It is our understanding, based on conversations with Wayne Dolezal, ADF&G Habitat Biologist, that these berms should be pointed 30 degrees upstream. The berms will also be constructed so that their greatest height occurs closest to shore tapering down in elevation as it extends into the river. 3. PLUGGING THE BREACH The river has eroded the river bank to such a degree that it has intersected a number of former gravel extraction pits that were once located in the flood plain. It is when the river enters these forrner gravel sites that Sargent Creek Road and possibly the Womens Bay fire hall are in jeopardy. The project proposes to plug the breach with berm composed of vegetation in the form of downed cottonwood trees eroded from the river bank. This material plus rip-rap will be added to a partial vegetative berm that as accumulated at the site. IV. CONCLUSION The work proposed is meant to protect property in manner that is not detrimental to fish habitat. It remains a band-aid until the area is investigated by professionals For more information, call Bud Cassidy, Resource Manager, Kodiak Island Borough at (907)486-9302 or fax at (907)486-9376. Mail to: Georgi Akers, Section Chief Southern Unit Army Corps of Engineers Regulatory Branch P.O. Box 898 Anchorage, AK 99505-0898 Maureen McCrea Office of the Governor - DGC South-central Regional Office 3601 C Street, Suite 370 Anchorage, AK 99503-5930 Tim Rumfelt DEC/South-central Region 555 Cordova St. Anchorage, AK. 99501 Wayne Dole7al, Biologist Alaska Dept of Fish and Game Habitat and Restoration Division 333 Raspberry Road Anchorage, Alaska Anchorage, AK. 99518-1599 Pete Probasco, Supervisor, Western Region Alaska Dept. of Fish and Game 211 Mission Road Kodiak, Alaska 99615-6399 Linda Freed, Planning. Director Kodiak Island Borough 710 Mill Bay Kodiak, Alaska 99615 $i °1 - 9wnr‘a.)q >'4'' >/t7sc' 7)y -YPPI J y*t✓Y &4b C— y Q. 0R r,P ox ::1ra,l de' //1 • J -401 ?. 7 p �.�ir,� � Q/ a Soo al /'1 //1 /V b' 7p! 0ON-» i O'Y f 0106.'7 •-pF/ 77,/7 -7 6d_ ?l t / vb nOp1F • °fiya, >) f 7 - 1- ��� ��� z J /r, D is zo To . 410 .Z. .I6e'?7 a'J 4rej Q oTz-S-W) . c,./7 re' ,eo e4.1t c .-fir•. /- /413 „toe( Lit. —'B • ooa;6/4i.C/ /r4.7-E,Q/41 1. 7o• ‘t, 1∎Q1'09 oVe i;;rlo. • s.► '. / I. 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'9/; • 7// 1AV V NC- 5 ci- L— .J 0 OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GO VERNMENTAL COORDINATION L=1 SOUTHCENT'RAL REGIONAL OFFICE 3601 'C STREET. SUITE 370 ANCHORAGE, ALASKA 99503-5930 PH: (907) 561- 6131/FAX: (907) 561 -6134 ❑ CENTRAL OFFICE P.O. BOX 110030 JUNEAU, ALASKA 49811 -0300 PH: (907) 465.3562/FNC (907) 4653075 STATE OF ALASKA Tony Knowles, Governor ❑ PIPELINE COORDINATOR'S OFFICE 411 WEST 4TH AVENUE. SUITE 2C ANCHORAGE. ALASKA 99501 -2343 PH: (907) 278- 8594/FAX: (907) 272 -0690 DIVISION OF GOVERNMENTAL COORDINATION Notice of Application for Certification of Consistency with the Alaska Coastal Management Program Notice is hereby given that a request is being filed with the Division of Governmental Coordination for concurrence, as provided in Section 307 (c)(3) of the Coastal Zone Management Act of 1972, as amended [P.L. 94 -370; 90 Stat. 1013; 16 U.S.C. 1456 (c)(3)], that the project described in the Corps of Engineers Public .Notice Number 4- 960477 , will comply with the Alaska Coastal Management Program and that the project will be conducted in a manner consistent with that program. The Division of Governmental Coordination requests your comments on the proposed project's consistency with the. Alaska Coastal Management Program. For more information on the consistency review process and the comment deadline, or to submit written comments, please contact the Division of Governmental Coordination, 3601 C Street, Suite 370, Anchorage, Alaska 99503 -5930. Attachment 2 r;\ 11 (7:3. ng , LJ \ . DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF AIR AND WATER QUALITY Industrial Operations Section 401 Certification Program NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION TONY KNOWLES, GOVERNOR An applicant for a federal license or permit to conduct an activity that might result in a discharge into navigable waters, in accordance with section 401 of the Clean Water Act of 1977 (PL 95-217), also must apply for and obtain certification from the Alaska Department .of Environmental Conservation that the discharge will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. By agreement between the U.S. Army Corps of Engineers and the Department of Environmental Conservation, application for a Department of the Army permit to discharge dredged or fill material into navigable waters under Section 404 of the Clean Water Act also may serve as application for State Water Quality Certification. Notice is hereby given that the application for a Department of the Army Permit described in the Corps of Engineers' Public Notice No. 4-96 0 477 serves as application for State Water Quality Certification from the Department of Enviromnental Conservation. After reviewing the application, the Department may certify that there is reasonable assurance that the activity, and any discharge that might result, will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. The Department also may deny or waive certification. Any person desiring to comment on the project with respect to Water Quality Certification may submit written comments within 30 days of the date of the Corps of Engineers' Public Notice to: Department of Environmental Conservation Industrial Operations / 401 Certification 555 Cordova Street Anchorage, Alaska 99501-2617 Telephone: (907) 269-7567 Fax: (907) 269-7652 Attachment 3 printed on recycled Paper b y C.I Deparzrsenc of the Army Alaska District.. Carps of Engineers Attn: CENPA -CO -R (C) P.O. Box 898 Anchorage, Alaska 99506 -0898 AK DEPT OF NATURAL RESOURCES DIV OF MINING & WATER MANAGEMENT ATTN MR GARY PROKOSCH 3601 C STREET SUITE 858 ANCHORAGE ALASKA 99503 -5935 FIRST CLASS MAIL U.S. POSTAGE PAID ANCHORAGE. ALASKA PERMIT No. 804 Coastal Project Questionnaire and Certification Statement 'lease answer all questions. To avoid a delay in processing, please call the department if you answer "y questions related to that department. Maps and plan drawings must be included with your packet. An incomplete packet will be returned. a APPLICANT INFORMATION 1.. 1G'/.1. a A / rri /i .4 2. AUG 2 1 1996 o any of Name of Applicant , ,J Agent for iesponsible party if other than appiicantl 7r o Address Address r�r,.tuc OMB :MENTAL COORDINATION Citv /" ' State " Zip Code City State .9e)7 Zip Code Daytime Phone Daytime Phone 7 , FaX Number Fax Number ■ PROJECT INFORMATION Yes No 1. This activity is a:IG1 new project modification or addition to an existing project If a modification do you currently have any State, federal or local approvals related to this activity? Q Note: Approval means any form of authorization. If "yes," please list below: Approval Type Approval 11 ' Issuance Date Expiration Data 2. Has this project ever been reviewed by the State of Alaska per the ACMP7 Previous State I.D. Number: AK Previous Project Name: v PROJECT DESCRIPTION ,. Attach the following: • a detailed description of the project and all associated facilities; • a project timeline for completion of all major activities in the proposal; • a site plan depicting all proposed actions; • other supporting documentation that would facilitate review of the project. Note: If the project is a modification, identify existing facilites as well as pro Posed activities on the site plan. Proposed starting date for project: Proposed ending date for project: Z7? -? �fl /1 2. Provide ,a brief. description of your entire project and ALL associated facilities (access roads, caretaker facilities. waste disposal sites, etc.). 47<-44'..7-- a- ...1-472(24•,"__ er c /✓z i ? %'' "1 � �f7ls./.f�C �L lCA"( 4 1,. ' r d .‘%. r?7ce/i4, _Jl7 l•A,' -& `,— 77? �,' , ; � � : /11 4 � ✓ : �= . , S a � u . _ - - r 6 ./ Q i.t • Revised 11!95 Page 1 • PROJECT LOCATION 1. 2. Attach a copy of the topographical map with the project location marked on it. Location of project (include nearest community or name of the land feature or body of water. Identify township, range and section): e- ek . le' Av Octia_K Township 2 V "i Ran stc ....Z. c.../ ctioLL)--e— V' e dian .5 L titude/LonsirucleS7`-illi (...5-Z `:* / 3. The project is on: 0 State Land* 0 Federal Land 0 Private Land ._J Municipal Land *State land can be uplands, tidelands, or submerged lands to 3 miles offshore. See Queshon #1 in DNR section. 4. Theproject is located in which region (see attached map): 0 Northern Southcentral D Southeast 0 State Pipeline Coordinator's Office Ye No 5. Is the project located in a coastal district? If yes, please contact the district representative listed on the attached sheet. 6. Identify the communities closest to your project location: • FEDERAL APPROVALS I. is the proposed project on U.S. Forest Service (USFS) land or will you need to cross Yes No USFS lands for access? 0 1 Does the cost of the project exceed S250,000? 0 0 If yes, have you applied for a USFS permit or approval? 0 0 Date of submittal: 2. Is the proposed project on Bureau of Land Management (BLM) land or will you need to cross BLM lands for access? Does the cost of the project exceed S250.000? If yes. have you applied for a BLM permit or approval? 0 Date of submittal: Will you be constructing a bridge over tidal (ocean) waters, or navigable rivers, streams or lakes? If yes. have you applied for a U.S. Coast Guard permit for a bridge? Date of submittal: 4. Will you be dredging or placing structures or fills in any of the following: tidal (ocean) waters? streams? lakes? wetlands*? If yes. have you applied for a U.S. Army Corps of Engineers (COE) permit? Date of submittal:—.V/77/'6eR13-4.,46/.0-S (Note: Your application for this acrivuy to the Corps 41-Engineers also serves as your application to DEC.) *If you are not certain whether your proposed project is in a lye:lands, contact the U.S. Corps of Engineers. Regulatory Branch at (907) 753-2720 for a wetlands determination (outside the Anchorage area call toll free 1-800-478-2712.) Revised 11195 Page 2 5. Have you applied for a U.S. Environmental Protection Agency National Pollution Yes No Discharge Elimination System (NPDES) permit? ❑ Date of submittal: (Note: For information regarding the need for an NPDES permit. contact EPA at (907) 271 - 5083.) 6. Will you have a putrescible waste discharge within 5 miles of any public airport? ❑ If yes. please contact the Airports Division of the Federal Aviation Administration at (907) 271 - 5440' 7. Does the project include a nonfederal power project affecting any navigable body of water or located on federal land? Or, is utilization of surplus water from any federal government dam proposed? ❑ (Power projects consist of dams. water conduits. reservoirs, powerhouses. and transmission lines.) If yes, have you applied for a permit from the Federal Energy Regulatory Commision (FERC)? ❑ Date of submittal: (Note: For information, contact FERC, Office of Hydropower Licensing, at (202) 208 -0200.) 7. Have you applied for permits from any other federal agency? ❑ AGENCY APPROVAL TYPE DATE SUBMIT= /zz 1 DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) APPROVALS Yes No 1. Will a discharge of wastewater from industrial or commercial operations occur? ❑ Will the discharge be connected to an already approved sewer system? ❑ �G Will the project include a stormwater collection /discharge system? ❑. 2. Do you intend to construct, install. _modify, or use any part of a wastewater (sewage /F.; or greywater) disposal system? ❑ a) If so, will the discharge be 500 gpd or greater? ❑ b) If constructing a domestic wastewater treatment or disposal system, will the - system be located within till material requiring a COE permit? ❑ If you answered yes to a or b, answer the following: / 1) How deep is the bottom of the system to the top of the subsurface water table? 2) How far is any part of the wastewater disposal system from the nearest surface water? 3) Is the surrounding area inundated with water at any time of the year? ❑ 4) How big is the till area to be used for the absorption system? (Questions 1 & 2 will be used by DEC to determine whether separation distances are being met; Questions 3 & 4 relate to the required size of the fill if wetlands are involved.) Revisea 1 I /95 ' Page 3 3. Do you expect to request a mixing zone for your proposed project? 0 (7f your wastewater discharge will exceed Alaska water quality standards, you may apply for a mixing zone. If so, please contact DEC to discuss information required under 18 AAC 70.032.) Yes No/ 4. Do you plan to store or dispose of any type of solid waste resulting from this project? (Note: Solid waste means drilling wastes, garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-so or contained gaseous materiai resulting from industrial, commercial, and agricultural operations, and from comnumity acriviries.) 5. Will your project require the application of oil, pesticides, and/or any other broadcast chemicals to the surface of the land and/or the waters of the state? 6. a. Will you have a facility that will generate air emissions from processing greater than five tons per hour of material? 0 b. Will you have one or more units of fuel burning equipment, including flaring, with a heat input rating of 50 million Btu per hour or more? 0 c. Will you have a facility containing incinerators with a total charging capacity of 1,000 pounds per hour or more? d. Will you incinerate sludge? e. Will you have any of the following processes: O Asphalt plant 0 Coal preparation facility O Petroleum refinery 0 Portland cement plant O Petroleum Contaminated Soils Cleanup f. Will your facility. use the following equipment? • diesel internal combustion engines? crow capacity equal to or greater than 1,750 kiiowatts or total ratcd brake specific horsepower grcater than 2,350 bhp) O gas fired boilers (Total heat input rating of WO million Btu per hour) Di oil fired boilers (Total hcat input rating of 65 million Btu per hour) • combustion turbines (total rated power output of 8.000 Hp) g. Will your facility burn more than the following per year in stationary equip- ment? E 1.000...000 gallons of fuel oil D 35.000 tons of coal E 900 million cubic feet of natural gas h. If you have answered ''yes" to any of the above questions (6 a-g). have you installed. replaced or modified any fuel burning or processing equipment since 1977? 7 Will you be developing, constructing, installing. or altering a public water system? 8. a. Will your project involve the operation of waterborne tank vessels or oil barges that carry crude or non-crude oil as bulk cargo, or the transfer of oil or other petroleum products to or from such a vessel or a pipeline system? Li b. Will your project require or include onshore or offshore oil facilities with an effective aggregate storage capacity of greater than 5.000 barrels of crude oil Revised 11/95 Page 4 or greater than.10.000 b'` Hs of non -crude oil? n Will you be operating facilities on the land or water for the exploration or pro- duction of hydrocarbons? ❑ If you answered NO. to ALL questions in this section, continue to next section. If you answered YES to ANY of these questions, contact the DEC Regional office for information and application forms. Please be advised that all new DEC permits and approvals require a 3Q -day public notice period. Based on your discussion with DEC. please complete the following: Approval Type: Date Submitted: 9. Does your project qualify for a general permit for wastewater or solid waste? 10. If you answered yes to•any questions and, are not applying for DEC permits, indicate reason below: ❑ (DEC contact) told me on _ that no DEC approvals are required on this project. Reason: No ❑ ❑ Other: II DEPARTMENT OF FISH & GAME (DFG) APPROVALS 1. Will you be working in, or placing anything in. a stream, river or lake? (This includes work in running water or on ice, within the active flood plain, on islands, the face of the banks or the tidelands down t� mean low tide.)(Note: If the proposed project is located within a Federal Emergency Management Agency Zone, a Floodplain Development Permit may be required. Contact the local municipal government for additional infor- mation and afoodplain determination.) Name of ❑ stream, ❑ river. or ❑ lake: ! CZe e [� Will you do any of the following? Please indicate below: ❑ Build a dam, river training structure or instream impoundment? ❑ Use the water? ❑ / Pump water out of the stream or lake? Divert or alter the natural stream channel? Block or dam the stream (temporarily or permanently)? Change the water tlow or the water channel? Introduce silt. gravel. rock. petroleum products, debris, chemicals. or other organic /inorganic waste of any type into the water? Revised 11/95 Page 5 No ❑ Alter or stabilize the banks? ❑ Mine or dig in the beds or banks? ❑ Use explosives? ❑ Build a bridge (including an ice bridge)? O. Use the stream as .a road (even when frozen), or crossing the stream with tracked or wheeled vehicles, log - dragging or excavation equipment (back - hoes, bulldozers, etc.)? ❑ Install a culvert or other drainage .structure? ❑ Construct a weir? ❑ Use an in- stream structure not mentioned here? 3. Is your project located in a designated State Game Refuge, Critical Habitat Area or State Sanctuary? 4. Does your project include the construction/operation of a salmon hatchery? Yes 5. Does your project affect, or is it related to, a previously permitted salmon hatchery? 6. Does your project include the construction of an aquatic farm? EJ If you answered "No" to ALL questions in this section, continue to next section. If you answered "Yes" to ANY questions under 1-3, contact the Regional DFG Habitat Division Office for information and application forms. If you answered "Yes" to questions 4-6, contact the DFG at the CFAID division headquarters for information and application forms. Based on your discussion with DFG, please complete the following: Approval Type: Date Submitted: 7. If you answered yes to any questions and are not applying for DFG permits, indicate reason below: (DFG contact) told me on that no DFG approvals are required. Reason: 0 Other: DEPARTMENT OF NATURAL RESOURCES (DNR) APPROVALS 1. Is the proposed project on State-owned land or will you need to cross State-owned land Yes for access? ("access" includes temporary access for construction purposes) Note: In addition to Staze-owned uplands, the State owns almost all land below the ordinary high water line of navigable streams, rivers and lakes, and below the mean high tide line seaward for three miles. 2. Do you plan to dredge or otherwise excavate/remove materials on State-owned land? Location of dredging site if other than the project site: Township * Ran= Section Meridian 3. Do you plan to place fill or dredged material on State-owned land? 0 Location of fill disposal site if other than the project site: Township . Range Section Meridian .. Source is on: 0 State Land 0 Federal Land 0 Private Land 0 Municipal Land 4. Do you plan to use any of the following State-owned resources - 0 Timber: Will you be harvesting timber? Amount: Revised 11/95 Page 6 El Materials such as rock, Which material? sanii_nr gravel, peat, soil, overburden, etc.: Amount: 2 Location of source: Township CI Project site 0 Other, describe: Range Section Meridian 5. Are you planning tause or divert any fresh water? Amount (gallons per day): Source: Intended Use: Yes 6. Will you be building or altering a darn? 7. Do you plan to drill a geothermal well? 8. At any one site (regardless of land ownership). do you plan to do any of the following? . . O Mine five or more acres over a year's time? Mine 50,000 cubic yards or more of materials (rock. sand or gravel. soil. peat, overburden. etc.) over a year's time? • Have a cumulative unreclaimed mined area of five or more acres? If you plan to mine less than the acreatteamount stated above and have a cumulative unreclaimed mined area of less than five acres, do you intend to file a voluntary recla- mation plan lo 9. Will you be ex 10. Will you be dr 11. Will you be in owned land? 12. Is the propose( 13. Is the propose( If you answer If you answer Based on your discussion with DNR. please, compl te the following: Approval Type: MaLIELA:D.a 44./.., Date Submitted: --g MIONNII" /011,271/Wf \ 14. If you answered yes to any s estions and e not applying for DNR permits, indi tte reason below: O (DNR contact) told me on that no DNR approvals are required. Reason: O Other: Revised 11/95 Page 7 Certification Statement The information contained herein is true and complete to the best of my knowledge. 1 certify that the proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management Program. (r/c/Z) 425- Signature of Applicant or Agent Datc Note: Federal agencies conducting an activity that will affect the coastal zone are required to submit a federal consistency determination, per 15 CFR 930, Subpart C, rather than this certification statement. This certification statement will not be complete until all required State and federal authorization requests have been submitted to the appropriate agencies. • To complete your packet, please attach your State permit applications and copies of your federal permit applications to this questionnaire. Revised 11/95 Page 8 r SARGENT CREEK FLOOD PROTECTION PROJECT Revised version July 2, 1996 \11,7 JUL - 8 1996 • • it■sl..'• I. INTRODUCTION This request is made to address what we perceive as a perilous situation. Sargent Creek is shifting in it's flood plain and is jeopardizing two residential structures with a strong possibility of damaging the Womens Bay fire hall and Sargent Creek Road. The Borough is wanting to have a contractor enter the active flood plain to perform work that will alter the channel of Sargent Creek.. The result of the proposed activity will allow more water to pass through this portion of the channel in a manner that will not jeopardize the existing homes and public facilities. This action will also give additional time to address, in a more comprehensive fashion, the changes occurring in the river by fluvial experts. The action we are proposing is a band-aid approach to what must be done, we understand this, but we think our efforts are justified because of the potential flood damage to private structures and public facilities is eminent this spring or fall during periods of heavy rains. IL BACKGROUND Sargent Creek is shifting southerly in its flood plain, having eroded approximately 30 feet of a high river bank upon which a mature cottonwood forest grows. It is in this cottonwood grove that two residential structures are located. More importantly, the river has intersected two former gravel pits dug into the river's southern flood plain. The river is flowing into these gravel pits and away from its former channel. In addition, the river has cut new channels adjacent to these gravel pits putting the Womens Bay Fire Station and Sargent Creek Road in jeopardy. We feel the key to preventing damage further downstream is removing material in an adjacent gravel bar , shore up the eroding river bank and plug the gap that has connected the creek with the former rock extraction pits. HI. DETAILED DESCRIPTION The project will consist of three parts. 1. REMOVING A PORTION OF AN EXISTING GRAVEL BAR. This effort will broaden the flood plain allowing more water to pass through this portion of the channel during high water events. The bar will be removed down to the depth of the current channel (20" + below water level). Approximately 3,000 cubic yards of river bed load from the flood plain of Sargent Creek will be moved to an upland site. The work will be accomplished-with a 235 Caterpillar backhoe on tracks with a 5 yard bucket. The backhoe will load the material into 10 yard + dump trucks that will gain access to the river with the construction of a temporary gravel ramp from the adjacent river bank. 2. SHORING UP THE ERODING RIVER BANK. The eroding river bank will be protected with the construction of rock berm with rip -rap. This material will be placed and keyed into the river bottom and river bank with the use of a "thumb attachment" on the back hoe. It is our understanding, based on conversations with Wayne Dolezal, ADF &G Habitat Biologist, that these berms should be pointed 30 degrees upstream. The berms will also be constructed so that their greatest height occurs closest to shore tapering down in elevation as it extends into the river. 3. PLUGGING THE BREACH The river has eroded the river bank to such a degree that it has intersected a number of former gravel extraction pits that were once located in the flood plain. It is when the river enters these former gravel sites that Sargent Creek Road and possibly the Womens Bay fire hall are in jeopardy. The project proposes to plug the breach with berm composed of vegetation in the form of downed cottonwood trees eroded from the river bank. This material plus rip -rap will be added to a partial vegetative berm that as accumulated at the site. IV. CONCLUSION The work proposed is meant to protect property in manner that is not detrimental to fish habitat. It remains a band -aid until the area is investigated by professionals For more information. call Bud Cassidy, Resource Manager, Kodiak Island Borough at (907)486 -9302 or fax at (907)486 -9376. Mail to: Georgi Akers. Section Chief Southern Unit Army Corps of Engineers Regulatory Branch P.O. Box 898 Anchorage, AK 99505 -0898 Maureen McCrea Office of the Governor - DGC South - central Regional Office 3601 C Street, Suite 370 Anchorage, AK 99503 -5930 Tim Rumfelt DEC /South - central Region 555 Cordova St. Anchorage. AK. 99501 Wayne Dolezal, Biologist Alaska Dept of Fish and Game Habitat and Restoration Division 333 Raspberry Road Anchorage. Alaska Anchorage, AK. 99518 -1599 Pete Probasco. Supervisor, Western Region Alaska Dept. of Fish and Game 211 Mission Road Kodiak, Alaska 99615 -6399 Linda Freed. Planning Director Kodiak Island Borough 710 Mill Bay Kodiak, Alaska 99615 DEPT. OF ENVIRONMENTAL CONSERVATION Division of Air and Water Quality 555 Cordova Street Anchorage, Alaska 99501 Bud Cassidy Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy: Subject: Corps Permit Application Sargent Creek 3 NPACO No, 071-OYD-4-960477 TONY KNOWLESi GOVERNOR • c:OCIR0T'ta.ri„ Difector' Office: (907)465:5260A' Anchorage Office: (907)269-7500 • Fax:(907)269-7508 August 23, 1996 Certified Mail Return Receipt Requested P 033 979 807 Your application for a water quality Certification of Reasonable Assurance has been reviewed and lacks the following information: 1. How do you proposed to minimize water siltation during excavation and berm/spur construction? Since the gravel bar will be excavated below the low water level, how are you going to isolate equipment, excavation activity, etc., from the running waters? Will the stream be moved over to the north side of the bed prior to berm and spur construction? 2. Where will the excavated materials be stockpiled? How will that material be dewatered? 3. What time of the year will excavation/construction occur? We cannot process this application without the above information. By copy of this letter, we ask the Division of Governmental Coordination [DGC] to extend the coastal zone consistency determination comment period deadline, if we have not received the information by September 3, 1996. Please send DGC, 3601 "C" Street, Suite 370, Anchorage, Alaska 99503, a copy of your re-4)6n Sincerely, Tim Rumfelt Environmental Specialist TR\jcb (G:\EQ-CLER\TRUMFELT\SC3.WPD) cc: Houston Hannafious, Corps of Engineers DGC Anchorage Wayne Dolezal,'ADFG Habitat STATE OF ALASKA OFFICE OF THE GOVERNOR TONY KNOWLES GOVERNOR FRAN ULMER LIEUTENANT GOVERNOR FAX TRANSMITTAL DIVISION OF GOVERNMENTAL COORDINATION 3601 "C" STREET, SUITE 370 ANCHORAGE, AK 99503 -5930 Telephone: (907) 269 -7470 Fax: (907) 561 -6134 Date:. .- August.27, 1.996 From: Maureen McCrea Telephone: (907) 269 -7473 E:Mail: Maureen mccrea @gov.state.ak.us Pages: 1 To: Bud Cassidy " Fax No.: (907) 486 -9376 Comments: Request for Additional Information Sargent Creek 3 AK9608 -17AA The DGC has received a request for addititional information from the Alaska Department of Environmental Conservation (attached). Please provide this information by. September 3, 1996, so the review can proceed without delay. Thank you for your continued cooperation with the Alaska Coastal Management Program. cc: Mr. -Tim Smith; SHPO, Department -of Natural Resources, Anchorage . Ms. Ali Iliff, ACMP Liaison, Department of Natural Resources, Anchorage Mr. Steven Horn, Permits Officer, Dept. of Transportation & Public Facilities, Anchorage Mr. Don McKay, Division of Habitat & Restoration, DFG, Anchorage Mr. Tim Rumfelt, DEC, Anchorage Ms. Linda L. Freed, Kodiak Island Borough, Kodiak Mr. U.L. Gross, Koniag, Inc., Anchorage Mr. Kelly Simeonoff, Jr., President, Kodiak Area Native Association, Kodiak Ms. Claire Holland, District Ranger, State Parks, Dept. of Nat. Resources, Kodiak Houston Hannafious, Regulatory, Alaska District, U.S. COE n:\a-files\9608-17.fx1 If you received this FAX in error, please immediately notify the sender by telephone, and return this FAX to *..e sender at the above address. Thank you. MEMORANDUM TO: Maureen McCrea. Project Review Coordinator Division of Governmental Coordination Office of Management and Budget ■ FROM: VC. Wayne Dolezal Habitat Biologist Region II Habitat and Restoration Division Department of Fish and Game State of Alaska DEPARTMENT OF FISH & GAME DATE: September 23, 1996 FAX NO.: 267-2464 TELEPHONE NO.: 267-2285 Lili ScP 2 6 MUNITY DEVELOPMENT DEPARTMENT Kodiak Island Borough Sargent Creek 3 SID AK9608-17AA COE No. 4-960477 Material Removal The Alaska Department of Fish and Game (ADF&G) has reviewed the Sargent Creek stream bank stabilization project referenced above. We understand that the project entails several elements including removal of part of a gravel bar, the installation of some stream bank barbs (groins), and the use of bioengineering to plug and stabilize a portion of an eroding bank that is now allowing water to flow into an abandoned gravel pit. The purpose of the project is to stabilize a 500 foot reach of the south bank of the creek -located in the SEY4 Section 30, T-. 28-S.,- R. 20'W., S.M. Up to 3,000,,cubicyards,of gravel and cobble will be removed from an irregularly shaped area approximately 450 feet long by 100 feet wide. The materials will be excavated to a dePtKofabout 20 inches. Plans call for doing the vvork while the gravel bar is dewatered. Dredging will be accomplished using a track mounted excavator, the dredge spoils will be loaded on dump trucks, and the dredge spoils will be hauled to an uplands disposal site. Equipment access to the gravel bar will be made via a temporarily installed gravel ramp on the south bank of Sargent Creek. At the upstream end :of the project two riprap barbs (groins) will be installed. Plans call for keying the,structures into the bank and sloping the top from a high elevation nearest the shore to a low elevation on the channel end. The barbs will extend about 15 feet into the stream channel, will be angled no more than 300 upstream, and will be spaced about 70 feet apart. The breached stream bank in the old gravel pit will be plugged using the root wads and boles of cottonwood trees, boulders, and gravel. Atop the plug and above the ordinary high water- level of the creek will be placed a iayer of sotland organic material. Willows will be planted over,the entire structure. Sargent Creek has been specified as being important for the spawning, rearing, or migration of anadromous fish pursuant to AS.16:05.870(a). Your proposed project is located in'and upstream of a-portion of the system that supports Maureen McCrea -2- September 23, 1996 spawning pink, chum, and coho salmon, and Dolly Varden. Adult salmon spawning begins in mid July and extends through the fall. The eggs deposited in the streambed do not emerge as free swimming fish until late May or.early June of the following year. .Salmon eggs deposited in streambed gravel are extremely vulnerable to any type of disturbance and cannot withstand shock or pressure. In addition, sediment deposited on top of salmon spawning sites may suffocate and thereby kill eggs. For these reasons instream work in salmon waters in the Kodiak area is generally prohibited in salmon spawning and rearing areas except between the period mid May-early June and mid July. The ADF&G finds this project to be consistent_with the standards of the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. Upon receipt of a final consistency determination, the department will issue a Fish Habitat Permit for this project with the following stipulations pursuant to statutory authorities under AS 16.05.870. 1. Inwater work shall occur only during the period May 15 through July 15. 2. Prior to construction the location of the perimeter of the gravel bar excavation area shall be identified with stakes. 3. At least 10 days prior to construction, the ADF&G, Habitat and Restoration Division, office shall be notified to arrange an on site inspection of the staked area. Notification may be made either telephonically to (907) 267-2333 or in writing to 333 Raspberry Road, Anchorage, Alaska, 99518-1599. 4. The temporary access ramp shall be constructed only of clean, washed materials. The use of soil or organic laden materials is prohibited. 5. When removing material from the gravel bar, a natural plug shall be maintained at both the upstream and downstream end to prevent sedimentation of the flowing waters of Sargent Creek. When removing the final materials from the gravel bar, first the downstream plug shall be removed and then the upstream plug shall be removed. 6. The work site where the root wad and boulder plug is to be installed shall be enclosed within a sediment fence prior to beginning excavation to place the footer log and the root wads. The fencing must be firmly anchored to the streambed to prevent sedimentation of the stream. Maureen McCrea -3- September 23, 1996 7. All bank cuts, slopes, fills, and other exposed earth work attributable to this project shalt be stabilized to prevent erosion which may occur both during and after the project. We appreciate the opportunity to comment. If you have any specific questions, please contact me at 267-2333. cc: L. Freed, KIB B. Cassidy, KIB T. Rumfelt, DEC J. McCullough, ADF&G L. Schwarz, ADF&G R. Morris, NMFS A. Rappoport, USFWS H. Hannafious, COE Kodiak IslandBorough Houston Hannafious, Project Manager U.S. Army Corps of Engineers Alaska District P.U. Box 898 Anchorage, AK. 99506 -0898 Dear Mr. Hannafious: 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6398 August 1, 1996 re: Sargent Creek Bank Stabilization Project Sargent Creek 3 - 4- 960477 Enclosed are the drawings you requested in your July 19, 1996 letter. Should you have any questions, I will be out of town until August 14, 1996. My hope is that I have provided the information you requested and that the review of the project can proceed. It is looking that because of our good summer that this portion of the river may go subterranean and that the area we are proposing our work will be dry. Thanks for your help. Sincerely, Bud Cassidy Resource Manager cc: Jerome Selby, Mayor Linda Freed, CDD Maureen McCrea, DGC Wayne Dolezal, ADF &G CD's" Ap� dr P�'ut `' uSLd .5i/R6eArr 6044. 444 .5f/0/L. 1 '77 oi.j /eki Golf .t-co 17 y /°/''e %s/ v.,Y 'AP /v 0416'? /7/'L 77Y? i' � a ia-'b5" -1/ 7r-11 ?l/VP 1/Y.,/0?"`", f/'.3 01 rY �� // V f o"9,o /,, / -4b. D I . ir> � 1 o, as n • <1,p / 0 D a - 11/OrEs ; / RocK kit nvcr'Z.4„..kc .49'4✓4 ,'!o o al /4 ice/ �. 4/s7tvvice d`o_-et✓ee,t/ c/. k e. s 2 x Cl4t�Aft/ &r ;�,4 —3. 11.P i,v/ s G o viceA /1/o 4 /14✓ L/ec/t. �O (ptsi tg4,vk 11,v al' To ?,2te al e s- :iocee gCdv. r �. RE-4- � ;(� ) X30 - - • _..-- ..1COvr 0 v' J /4,/G / L Q OZOm ■ 70 (467003 /��o /of-/s I /k s 6R4Ve/ O. 0 t1 . U (7 111:1 f3 4O O O o v. ' G .0 o•o' .© UVQ'�G4 84,V/< 09t17641 .4-/eve A. 'a 6 4 /Pcs/a/t•,/ ' fevr4 s o A. /1 o o = G . • • Q 0 .4)• . 4 • rt U LS vim•∎, • G o <t kook/ c'.Sec.67 ov Wet,! SPrne W .Ct $ ) SARGENT CREEK FLOOD PROTECTION PROJECT Revised version July 2, 1996 I. INTRODUCTION This request is made to address what we perceive as a perilous situation. Sargent Creek is shifting in it's flood plain and is jeopardizing two residential structures with a strong possibility of damaging the Womens Bay fire hall and Sargent Creek Road. The Borough is wanting to have a contractor enter the active flood plain to perform work that will alter the channel of Sargent Creek.. The result of the proposed activity will allow more water to pass through this portion of the channel in a manner that will not jeopardize the existing homes and public facilities. This action will also give additional time to address, in a more comprehensive fashion, the changes occurring in the river by fluvial experts. The action we are proposing is a band-aid approach to what must be done, we understand this, but we think our efforts are justified because of the potential flood damage to private structures and public facilities is eminent this spring or fall during periods of heavy rains. II. BACKGROUND Sargent Creek is shifting southerly in its flood plain, having eroded approximately 30 feet of a high river bank upon which a mature cottonwood forest grows. It is in this cottonwood grove that two residential structures are located. More importantly, the river has intersected two former gravel pits dug into the river's southern flood plain. The river is flowing into these gravel pits and away from its former channel. In addition, the river has cut new channels adjacent to these gravel pits putting the Womens Bay Fire Station and Sargent Creek Road in jeopardy. We feel the key to preventing damage further downstream is removing material in an adjacent gravel bar , shore up the eroding river bank and plug the gap that has connected the creek with the former rock extraction p' its. III. DETAILED DESCRIPTION The project will consist of three parts. 1. REMOVING A PORTION OF AN EXISTING GRAVEL BAR. This effort will broaden the flood plain allowing more water to pass through this portion of the channel during high water events. The bar will be removed down to the depth of the current channel (20" + below water level). Approximately 3,000 cubic yards of river bed load from the flood plain of Sargent Creek will be moved to an upland site. The work will be accomplished with a 235 Caterpillar backhoe on tracks with a 5 yard bucket. The backhoe will load the material into 10 yard + dump trucks that will gain access to the, river with the construction of a temporary gravel ramp from the adjacent river bank. 2. SHORING UP THE ERODING RIVER BANK. The eroding river bank will be protected with the construction of rock berm with rip-rap. This material will be placed and keyed into the river bottom and river bank with the use of a "thumb attachment" on the back hoe. It is our understanding, based on conversations with Wayne Dolezal, ADF&G Habitat Biologist, that these berms should be pointed 30 degrees upstream. The berms will also be constructed so that their greatest height occurs closest to shore tapering down in elevation as it extends into the river. 3. PLUGGING THE BREACH The river has eroded the river bank to such a degree that it has intersected a number of former gravel extraction pits that were once located in the flood plain. It is when the river enters these former gravel sites that Sargent Creek Road and possibly the Womens Bay fire hall are in jeopardy. The project proposes to plug the breach with berm composed of vegetation in the form of downed cottonwood trees eroded from the river bank. This material plus rip-rap will be added to a partial vegetative berm that as accumulated at the site. IV CONCLUSION The work proposed is meant to protect property in manner that is not detrimental to fish habitat. It remains a band-aid until the area is investigated by professionals For more information, call Bud Cassidy, Resource Manager, Kodiak Island Borough at (907)486-9302 or fax at (907)486-9376. Mail to: Georgi Akers, Section Chief Southern Unit Army Corps of Engineers Regulatory Branch P.O. Box 898 Anchorage, AK 99505-0898 Maureen McCrea Office of the Governor - DGC South-central Regional Office 3601 C Street, Suite 370 Anchorage, AK 99503-5930 Tim Rumfelt DEC/South-central Region 555 Cordova St. Anchorage, AK. 99501 Wayne Dolezal, Biologist Alaska Dept of Fish and Game Habitat and Restoration Division 333 Raspberry Road Anchorage, Alaska Anchorage, AK. 99518-1599 Pete Probasco, Supervisor, Western Region Alaska Dept. of Fish and Game 211 Mission Road Kodiak, Alaska 99615-6399 Linda Freed, Planning Director Kodiak Island Borough 710 Mill Bay Kodiak, Alaska 99615 AFFutATIOTa 6EPARTM t OF fl4 MI 11 PEWIT 'MB ArltuvAL Iiiu. tot iv%5<..2 133 CFR 3251 Expires October 1996 Public reporting burden for this collection of 1 alien is estimated to average 5 hours per respo J ' icluding the time for reviewing instructions, searching existing date sources, gathering an' _ staining the data needed, and completing and n'., ng the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information0perations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202 -4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710 -0003), Washington. DC 20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States. and the transportation of dredged material for the purpose of dumping it into ocean-waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. /ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPUCATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPUCAN71 5. AP/jPLII"C�ANT'S�NAMEE / /dam /�j/ /�(/•/J/� ,p L 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not taouceel 6. APPLICANT'S ADDRESS (1 9. AGENTS ADDRESS 7. APPLICANT'S PHONE NOS. W /AREA CODE 10. AGENT'S PHONE NOS. W /AREA CODE a. Residence b. Business 10 7 �r�o _ lg e, a. Residence b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to fumish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE NAME. LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12 s PROJECT NAME OR TITLE WNW instructions) �-p• 6 at tt l- /x.46 et/ ,'Cr ' 4.c/ e 13. NAME OF WATERBODY, IF KNOWN Nappout*, 15. LOCATION OF PROJECT 12 K /54,/-n! '9 . COUNTY STATE 14. PROJECT STREET ADDRESS IHapplicaarel �l� 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (seeInsnuctionsl 17. DIRECTIONS TO THE SITE 6'660?wil' dsn #91•12,4"e' e) .16x1: of 7` , 7(,P,ao,e e :eta �/ C .vla !< U T 'T /�Ci�2lSc��-� /o o �',•I}�G2 L/ eE. d 64-#4, C6-4✓`.7?. /ad -74-eL At_ "(r Gt/P, -L4xed _5 '7579 52Q u.frA__ arc .2 L ,4 ,( . ENG FORM 4345. Feb 94 EDITION OF SEP 91 IS OBSOLETE. (Proponent: CECW -OR) 18. Nature of Activity (o sr rprron 01 pwpes'odr...amatures, 3 "a/a' 6/a c A /"./ Affej o�� re<lcv- cA4, -„KtL c,I ic-o rl t at c-& c7' / log 19. Project Purpose ro.sc,ieo rho reason or pwpose of the propel sae lnsrrucrbns1 ta.egfi - from- /(tai./74a.1 �,s��e «Y..�. ,2r1/�r G�` -��v ✓� G,2Q� -z�•.r 4/0--‘,/ ,/ rogue.- /2,44e6 USE BLOCKS 20 -22 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED • 20. Reason(s) for Discharge ROo1J 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards o -t # Z 'gee,o a/3 612o10 4 o f c ; 17"0.0/770—./ ./ at° /� Q -4i%, .4"0/7-re--/ %r / Le072- 4%.,'aeA 22. Surface Area in,Acres.of.Wetlands or Other Waters Filled tsa•bubucnbns. -1 x/74 z 2-00 3 zooms 23. Is Any Portion of the Work Already Complete? Yes No L IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc.. Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). . leQEtc/ cer 4e/v2_.. ecti 421-4 25.! Ust of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. s. AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED *Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly horizedd as nt of the applicant. 66 7 .� SIGNATURE OF PUCANT DATE SIGNATURE OF AGENT DATE The applicator must DO sign y h person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the state t in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme. or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than 510,000 or imprisoned not more than five years or both. •U.S.GP0:1994- 520. 478/82018 �SCR /e„ !t 10�� � = /r' D is Z JD ,e0 .Z. 191oide- /6c4rZ: 4e./J 4t-t•`/. ./G r h4J e/6 t t. .3� &/(3 1=475 73 Judd , Cr 747 d?‘ 41‘44,< • r01 ` - �r�.� -� ©f jLc-e• ILZ00,1;0/ # 4J ,q47-eQ /g l -e6 de_ 772.1/4-7 0 ve y _ ,c==) C:=:C3C=D (=D �J c ©Q c�0 S!S/ •ee ave0,44a410.9rEO f:,/ CT,eee ii,.eoe& It/41.a- c%dr/ Z a . 44&I tl47- f /0�.', ,D l DaSe.:. /oo© /gee 14-4/ 7%0' ,4 i aTE'cT Jr4 .7".4 ceAir /4a Pe /7 d4'fe /447,7 4 A/5 - r35 .1" T e— ,e'PI /e`D f ,S6GT/ar,/ ✓I"1-‘% ke?A / 4,va gird ' :BSI 1!/) /v! /LL )3.7 A'G' .'44 /SPA-/ ' QQ6/5� T-/ /� Z /©C,t /Y4M?e.' Aide/4,y 45 /44-sa &to Cie , L 614 .e /©...! , /eo d' 4 6e/ /g'&' e Viciver7 /174,0 —Re-MO ✓a c 4,44 -Eo &t. 4./. 4,v4Avter-6e s o f R.77- '.a..M- 41,,, O Try b Q' eGe,� - 26 elitat Protection Section 33 Raspberry Ro:,d nchorage, Alaska 99502 telephone 344 -0541 A. APPLICANT '9ATERWAY /WATERBODY USE REQUEST .ASKA DEPARTMENT OF FISH AND 1. Name: K6.1//4 ._ 4/4-1../ g /ate ,z 2. Address: 774 /(// FG11 Other 9.0/% 4 i B. WATERWAY /WATERBODY to be used or altered: 1. Name: C7 4t e Telephone: 9i7- ero -G%_ 2. Project Location: (Section, Township, Range, Meridian) 7-2.2r .PZ d . 3. Map: (Enclose a sketch of the site or mark site on a plat or U.S.G.S. map. C. TYPE OF PROJECT (e.g., bridge, culvert, utility line placement, stream ford, gravel extraction /deposition, impoundment structure, etc.): 1"---:?:06//0/4/4/,41/,?d J6..( %i,"R -i,6h7 a. Bridge and /or culvert installation ?: Yes or No ( ircle one) Bridge Installation Culvert Installation s 1. Stream width at project site (total distance from stream bank vegetation line to opposite bank vege- tation line): feet. 2. Proposed bridge length: feet. 3. Are instream bridge supports necessary ?: Yes or No (circle one) If above answer is "yes ", provide: 4. number of support_: type of supports: 1. Number of culverts: 2. Culvert type: A. Round or Arch (circle one) B. Culvert length Culvert width 3. Type of fill material to be used and origin: 4. Will fill material be deposited over the bridge ?: Yes or No (circle one) Will fill slopes be riprapped (i.e., stabilized to prevent erosion) ?: Yes or No (circle one) If above answer is "yes" what type of riprap will be used: eam diversion, channelization and /or shoreline or bank alteration ?: or No (circle one) If above answer is "yes ", please explain in detail: 4'4;246 �/7' ' o a � ��2d re _C-770/.7 �,��.�� c r 1. Will any m; vial (e.g., gravel, logs, etc,` `e removed from or deposited :he active annual flow.chan'ne', between bank veg. boundaries) of a water course or waterbody?: Yes or No (circle one). If above answer is "yes ", please explain in detail (estimate quantity and type of material to be removed or deposited and include sketch depicting limits of activity): A/L v- r .4e04) C c/d<<- 47,eS 4,74s /`'✓z - 44 cC ma c- & os�S c. Waterway /Waterbody impoundment structure: if an impo4nAment structure is proposed, attach design blueprints, a project statement outlining the necessity for such a structure, materials to be utilized, proposed method of construction and reservoir capacity. D. WILL PROJECT ENTAIL INWATER USE OF TRACKED AND /OR WHEELED VEHICLES ?: 4' or No (circle one). If above answer is "yes" explain and list type and size of each vehicle: 6v4 74 s // �� e/v E. PROJECT SCHEDULE: Z% /..Ai4/4,JO ? (dates) If inwater vehicle work or crossing is necessary, esti number of hours or days required to complete inwater work: -"2.7-,'ST der .,, i.U6urs or Days (circle one) ate WILL PROJECT BE CONTRACTED OUT ?: or No (circle one) If above answer is "yes" supply contractor's name, address and telephone number: ,4f/�L� ��'.� ✓ re r- ds.d - Cr'0S rte' #; 2 t =e --?gC 47o 5 Ale e/ 414.2 ea < ee___ /c « ( I HEREBY CERTIFY THAT ALL INFORMATION MADE ON OR IN CONNECTION WITH THIS APPLICATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ..1>44W- DATE SIGNATURE OF APPLICANT 11-K107LH DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION June 10, 1996 Mr. Royal Large Box 2634 Kodiak, AK 99615 Dear Mr. Large: EMEUR JUN 1 2 1996 OMMUNITY DEVELO MENT DEPARTMENT TONY KNOWLES, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 Re: Applicatlon,for-FIsh-Habitat=-Permit=---Sargent=Greek, — 4-tzcAet" (Stream Number 259-22-10010) I ,s1- Additional Information Required Pursuant to AS 16.05.870(b) the Alaska Department of Fish and Game (ADF&G) has begun review of your request to place between 4,000 and 6,000 cubic yards of fill along the,south=shore=of Sargent.Creek=at-the-referenced-locatian. However, the information submitted is incomplete and additional data is necessary. Please provide answers to the following questions: 1. Please a provide 'a plan (overhead) view showing the location of the proposed fill. Please provide details showing the location of the proposed fill relative to (1) the large water diversion dike you had instilled several years ago, (2) the vegetated gravel bar downstream of the dike, and (3) the high water channel downstream of the dike. On the plan view provide dimensions of the perimeter of the proposed fill and indicate how far downstream from the existing dike the upstream edge of the proposed work will be. Also, please specify the purpose of the fill. 2. You indicate that the fill material will consist of river rock. Where is the-material to be mined? Will the material be imported from one of the local gravel quarries on Russian River, or do you plan to mine on Sargent Creek? If the latter, please provide information showing the proposed location of the site, the dimensions of the area to be disturbed, and identify routes of travel to and from the site. 3. Your plans show that the upper portion of the existing stream bank will be revegetated with willows, cottonwood, and alder from the floodplain. 'Do you plan to plant live IA.ants or simply create a brush mattress of dead plant material? Also, from what floodplain and where within that r)r rated on recycled paper b y C.D. Mr. Royal Large -2- June 10, 1996 floodplain do you plan to gather these plant materials? Please be advised that vegetation along the banks of streams and rivers provides extremely important bank stabilization functions and that both live and dead plant material below the ordinary high water level of a stream provides important seasonal habitat for fish. For these reasons harvest of such vegetative material from within or adjacent to active stream channels (including high water channels and vegetated gravel bars) of Sargent Creek will not be authorized. 4. Because the project is located within the coastal zone, a Coastal Project Questionnaire (CPQ) must be completed and filed with your complete application.. Enclosed for your use is a CPQ. Please return it to me when you respond to the questions listed above. 5. From information available to me at this time it appears that the U.S. Army Corps of Engineers should also be involved in the review of your current proposal. Have you submitted anything to them regarding a change or modification to the permit they issued to you several years ago (i.e., permit No. 4- 910208, Sargent Creek 2)? Upon receipt of your written response to the above requested information we will continue our review of your proposal. Sincerely, C. Wayne Dolezal Habitat Biologist Region II Habitat and Restoration Division (907) 267 -2285 Enclosure cc: G. Gallis, FWP W. Donaldson, ADF &G J. McCullough, ADF &G L. Schwarz, ADF &G G. Akers., COE L. Freed, KIB V. Bukovick, OMB /DGC. SENT BY :ANCHORAGE ; 6- 3 -96 ; 4 :51PM ; STATE OF ALASKA OFFICE OF THE GOVERNOR TONY KNOWLES GOVERNOR FRAN ULMER LIEUTENANT GOVERNOR 90756161344 K6UiAK-15L.-BUR000N; 1 FAX TRANSMITTAL DIVISION OF GOVERNMENTAL COORI]TNATTON 3601 "C" STREET, SUITE 370 ANCHORAGE, AK 99503.5930 Telephone: (907) 269-7470 Pax: (907) 561 -6134 Date: June 3, 1996 From Maureen McCrea .-.12071- r Telephone; (907) 269.7473 E:IVMaiI: maureen_mecrea@gov.state.ak.us Pages: To: 17 Fax No.: ACME' Reviewers SD Kodiak Island Borough (fax cover only) (907) 486 - 9360., Comments: Sargent Creek, Emergency Bank Stabilization We received the following information from the Kodiak Island Borough. Please let me know if you have any problems if DGC expedites this review as an emergency. 1 will do . a quick telephone survey on this project on Tuesday, June 4th to determine if the prnject should go into emergency review. I appreciate your prompt attention. Hying received this FAX hi error, please Immediately notify the sender by telephone, and return tills FAX to the sender at the above address. Thank you. Zs9 "' 2Z- 10010 1SKA DEPARTMENT OF FISH AND GAME FIELD ;MIT (SHORT FORM) Stream Number., (if any) M11L- • 1.1 T. o . To (Permit ee's Representative), (of Organization) /I 3 Issuance Date ,,rr Number Z-S (� {L 001A 4 A-g "t �t?? Addres 1 lea 13 t °e; -s5-st Phone - ' piration Date I M Ato /Jl-- r~ 1 N �,= AG�Jt/ Gil JN4 L car'- .JArzG --e-N Ci . Location of work and Description t. 1.7 ('MIi i C r G TD MC 612 -/ALL LX /2",14/1 W 6- 6t M cG /JSTr_c� r » f--?N' /rm. • (2o- tai_.J- --A 1 ►0 199 2 • (iPS-r ri—s-..4,L-," Pon- 10ij o i -rte! r r i-C r a CeeS! l) 44 tJ O r z_ c 2 ©S W 6-5 i=�2Q n AGL i2 A D t1 f57101,4 Gir 144 • L k r/L-i e�M0 VA G (AMA 14 4iJ is LA IJD /LJJL1- --s-ge �O-c reAIri aGARci Cd�1 S �J7G'GT /c h� P; ; i Y.: G p I (J ,r7.71-1- �- JA -rc—�2 >`fL ©M /e G Icy c_4-1A 04,J t - .4LLI LJ o g-`/ AcL C.55 ,e•r'7/ -: rrm t PaL1 N sTI2 M 14a. L41J2� - 'S LOT.. ;c,r.`✓ /4A4 _1101"Q DUB 17W K� In accordance with AS 16.05:840 AS 16.05 7,(d)(circle appropriate statute(s)) approval is hereby given for above referenced project subject to the following stipulation(s): 1- c;'� rr EA r3 c4 iC- - 6e .,d'., c" rte- 4f nJde rr" �S'; , '� Nr 644 Al rvc- . 121(- c,l ,[ LJ • ,, �IA[1Lc 7� O 5 /re' . PJZ- 14 a -17, rte, -, RM 1~ 4 f UPS L • MA-�r7'AC_ ,S,4-1,41.1.&--72. 774/W 3 Luc•-t,,‹ s1-1At c . , r?c –ur) ✓ Lwl A..1 r»474 •, 1 • I lA r7r2 I-A L L.-A r --6- 2 17-1,4 n] 3 hoc C 11 Tio N 5 / iris /I fJ -QUA I 1 J" f .�" f11`� J Ne i A11�5 PSI -15 rQ/L %t-1�©rz I!r/ A1_ rJ2.OJ6- T. . ALL (JJ124 5---,A14 I,JO4.IL .54.1ALL0(402 12,57-t,6-&J /44 -1 <Atio JULY 1 . App, i ,01,13A .. CHANNEL t Sl4-i J AAA Y 13t MOOCp )3-f 7� >H�F` -'{1'• For any activity which significantly deviates from the project described above, the permittee shall notify ADF &G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters, or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF &G; therefore it is recommended that the ADF &G be consulted immediately when a deviation from the approved plan is being considered. I This permit must be retained on -site for the duration of the project described above. Please be advised that this approval does not relieve you of the responsibility of securing other permits - state, federal, or local. Pursuant to 6 AAC 80.010(b) the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program. - in addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The Department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and were a direct result of the failure to comply with this permit or any ap,p••'ca e law. ADjF &G R cc: ELA e.. . TPA c� 11 -89 (Rev. 6/85) presentati ADF &G , FWP , mitte Re r ^sent ti j ROM Fe -i-, ADEC ....., 1 , ii-Li$ , AL?Nf2 LPAV CC9P�ttJ�rf�;; jr STM F [USE DEPARTMENT OF FISH AND GAME CERTIFIED February 18, 1993 Mr. Royal Large P.O. Box 2634 Kodiak, Alaska 99615 Dear Mr. Large: 1-0-Picq t 2. oilr2-Pi-c-T. A &a-Ls rt.pc--T-5 5uar)._ ALTER J. HICKEL, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 Re: Sargent Creek Bank-Stabilization-and Diversion Channel (Noncompliance with Fish Habitat Permit FG 91-11-0419) (Stream Number 259-22-10010) (Section 31, T. 28 S., R. 20 W., S.M.) (SID AK910607-39A; COE No. 4-910208 - Sargent Creek 2) On December 14, 1992, the Alaska Department of Fish and Game (ADF&G) issued you a Notice of Violation (NOV, Enclosure 1) for failure to comply with stipulations of Fish Habitat Permit FG 91-11-0419. Field observations at your project site on Sargent Creek indicated, in part, that you did not construct any channel stabilization and fish habitat structures described in your approved plans and as required by your permit; that you sidecast a very large amount of excavated material along the newly constructed channel; and that you did not construct your project in the sequence specified by your approved engineering plan and as stipulated by your permit. The December 14 NOV detailed nine actions project into compliance with your permit. were the following: 8. Activities stipulated in 1 through 7 prior to February 28, 1993, unless this office. necessary to bring your Among the nine actions above shall be completed expressly authorized by 9. You shall submit to this office within 10 days of receipt of this Notice a written detailed plan describing how you will accomplish these stipulations. In your response, you shall include: a. Where you intend to place the excavated material you will remove from the channel-side berms. 11-K1 6LH ET E FEB 2 2 COMMUNITY DEVELOPMENT - DEPARTMENT Mr. Royal Large 2 - February 18, 1993 b. c. Your schedule for completing the stipulations above. The equipment you will use to accomplish the stipulations above. Ina- letter -dated-Decetber-17 , 1992 (Enclosure 2) ,- you responded-to- the-NOV=bylstating that-your=project -is not- in vibiatiotiblit-still under-construction. Surther-,-you -asked--for a- three-year permit extension. Your response did not address the concerns described in the NOV. Extending the permit for an additional three years will not resolve the following problems: (1) the excavated material is now actively eroding into the stream, and (2) installation of the in-channel structures were to be placed before diverting the flow of Sargent Creek. These structures have not been installed. Therefore, because the required information has not been received, your request for a three year extension is denied. In- order to resolve -the-:--issues -outlined= in ,the- December-- 14- must receive; within=ten-days=-of-your receipt of--this--r-letter,-acceptable plans-for_ how you-Antend-to resolve the-stipulations of the-NOV. All stipulations of the NOV remain in effect except for Stipulation 8, which is now amended to read: 8. Activities stipulated in 1 through 7 above shall be completed prior to March 31, 1993, unless expressly authorized by this office. If we do not receive what we consider an appropriate response, we turnthis matter=over 'to-appropriate-authorities-for possible legal-action. We hope to work with you to avoid this conclusion. If you have any questions concerning any portion of the original Notice of Violat'on or this letter, please contact me at the above address or at ( 07) 267-2284. Sin rely, d62--16-Ce*- .chael Wiedmer Habitat Biologist Region II Habitat and Restoration Division Phone: 267-2284 Enclosures cc: F. Rue, ADF&G P. Probasco, ADF&G L. White, ADF&G L. Schwarz, ADF&G J. Ferrise, COE T. Schwantes, FWP P. Gamache, DOL L. Freed, KIB M. North, USFWS ENCLOSURE 1 '-- , A t WALTER J. NICKEL, GOVERNOR DEPARTMENT OF FISH AND GAME CERTIFIED December 14, 1992 Mr. Royal Large P. 0. Box 2634 Kodiak, Alaska 99615 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 3440541 Dear Mr. Large: Re: Notice of Violation - Sargent Creek Bank Stabilization and Diversion Channel (Noncompliance with Fish Habitat Permit FG 91-11-0419) (Stream Number 259-22-10010) (Section 31, T. 28 S., R. 20 W., S.M.) (SID AK910607-39A; COE No. 4-910208 - Sargent Creek 2) On July 31, 1992 and December 2, 1992, the Alaska Department of Fish and Game (ADF&G) inspected your Sargent Creek stream diversion project. No significant construction activities appear to have been conducted between those dates. The inspections revealed that the stream diversion was not constructed according to approved engineering plans. Further, you have not complied with stipulations and conditions appearing in Fish Habitat Permit FG 91-11-0419. During both inspections, the full flow of Sargent Creek was contained within the excavated diversion channel. Contrary to your approved engineering plans (April 12, 1991), dredged channel material has been placed immediately adjacent to the excavated channel. This material is now rapidly eroding into the dredged channel. The following specifications contained in the engineering plans have not been met: 1. Excess gravel excavated from the flood plain will be loaded into dump trucks and either hauled away or used for fill at other sites designated in this plan. Excess gravel excavated from the flood plain remains adjacent to the excavated channel. The material has not been hauled away nor used for fill at designated project sites. CO. 'Kr Ved DaDe Mr. Royal Large - 2 - December 14, 1992 2. The banks of the new (diversion) channel will slope at 2H:1V. As built, the banks of the new (diversion) channel approximate 1H:1V. Cross channel drop structures will be placed every 300 feet with an additional sill included between engineering plan cross sections 4 and 5. As built, no cross channel drop structures have been installed. 4. A log barb will be installed between cross sections 3 and 4. As built, no log barb was installed. 5. To stabilize the stream bank adjacent to Tracts D -1 and D -2, an existing high water channel will be filled, three groins and two gravel berms will be constructed. The surface of the groins will be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. The surface of the berms will be capped with soil and vegetation. As built, the three groins and two gravel berms have not been constructed according to plan specifications. In addition, the stream diversion does not comply with Stipulations 2 and 4 which appear in Fish Habitat Permit FG 91 -II -0419. These stipulations include the following requirements: 2. The new diversion channel, groins, berms, and sills shall be constructed and maintained in accordance with the April 12, 1991, engineering plans submitted for review... 4. The log sills and the barb included in the diversion channel design shall be installed while the site is dewatered and prior to opening the channel to the flowing waters of Sargent Creek (emphasis added). State law (AS 16.05.870(b,c)) states that construction may not begin in a documented anadromous fish stream without first providing plans and specifications subject to approval by the ADF &G. Although you did submit plans for ADF &G approval, you did not construct your project according to those plans approved by Fish Habitat Permit FG 91 -II -419. Further, you did not request a modification of your permit as described in paragraph 4, page 3 of FG 91 -II -0419. Construction activities without approval is a violation of AS 16.05.880 and is a Class A misdemeanor. Mr. Royal Large - 3 - December 14, 1992 You are hereby directed to correct the items of noncompliance listed above by completing the following actions: 1. The excavated material currently forming berms immediately adjacent to both sides of the dredged stream channel shall be removed to an upland site or used for fill at other project sites identified in your April 12, 1992 engineering plan. Prior to removing the excavated material, filter fabrics shall be properly placed immediately above water level at the base of the berms to be removed. This will help minimize the amount of material entering the waters of Sargent Creek. Filter fabrics shall not be removed until the excavated material has been removed and until action 2 (below) has been completed. 2. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, the banks of the of the new (diversion) channel will be contoured to slopes no greater than 2H:1V. 3. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, the cross channel drop structures described in your engineering plan shall be installed in the diversion channel. 4. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, the log barb described in your engineering plans shall be installed between cross sections 3 and 4. 5. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, groin f 1 described in your engineering plans shall be installed immediately above plan cross section 1. The surface of the groin shall be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. 6. After Action 5 above has been completed, groins 2 and 3 and the berms described in your engineering plans shall be constructed. The surface of the groins shall be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. The surface of the berms shall be capped with soil and vegetation. 7. All other elements not listed here but detailed in your engineering plan shall be constructed according to plan. . Activities stipulated in 1 through 7 above shall be completed prior to February 28, 1993, unless expressly authorized by this office. Mr. Royal Large - 4 - December 14, 1992 9. You shall submit to this office within 10 days of receipt of this Notice a written detailed plan describing how you will accomplish these stipulations. In your response, you shall include: a. Where you intend to place the excavated material you will remove from the channel -side berms. b. Your schedule for completing the stipulations above. c. The equipment you will use to accomplish the stipulations above. If you have any questions concerning any portion of this Notice, please contact me at the above address or at (907) 267 -2284. Sincerely, ichael Wiedmer Habitat Biologist Region II Habitat Division Phone: 267 -2284 cc: F. Rue, ADF &G P. Probasco, ADF &G L. White, ADF &G L. Schwarz, ADF &G J. Ferrise, COE T. Schwantes, FWP L. Freed, KIB M. North, USFWS ENCLOSURE 2 Royal Large Box 2634 Kodiak, Al aska 99615 December 17, 1992 Al aska Department of Fish and Game Mr. Michael Wiedman Habitat Bi ol ogi st , Sargent Creek 11 333 Rasberry Road Anchorage, Al aska 99518-1599 Dear Mr. Wiedman, You seemed to have assumed that I have completed the project which is an error. I am not in violation. I simply have a project under construction which well meet the approved plan when completed. I have contacted the DEC, EPA, Corps, DNR , ADF&G, USCG, and the borough for financial assistance. I have gotten a small amount of assistance from the Borough and the Coast Guard. Without financial assistance, this project will take several years for me to compl ete. I therefore, am asking for an extension on my permit for three more years to all ow me the necessary ti me. I will notify ADF&G prior to each phase of construction. I fl at out do not have the money to complete the project by February. A catastrophi c storm decimated my project and extended the cost and scope. As you can see from the enclosed photographs, I have no reason to del ay the project and the only benefactor has been the ADF&G. Because of my acti vity in a 1 ow water year, there was a successful sal mon run in 1992. As in the past, I will first and foremost take into consideration the vital ity of Sargent Creek, which without intervention, due to ravages of nature, is in its final stages of death as an anadromous stream. I stri ngi ntl y refute that the Berm is "rapidly" failing, but concede that the bank will eventually scrub to erosion 1 i ke my tax bearing property. Si ncerel y, /13 cl Royal Large ALASKA DEPT. OF FISH & GAME DEC 2 i 1992 REGION II HABITAT DIVISION ENCLOSURE 1 jb 1, � 1 DEPARTMENT OF FISH AND GAME CERTIFIED December 14, 1992 Mr. Royal Large P. 0. Box 2634 Kodiak, Alaska 99615 WALTER J. NICKEL, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 9951 8-1599 PHONE: (907) 344-0541 cwo Dear Mr. Large: Re: Notice of Violation - Sargent Creek Bank Stabilization and Diversion Channel (Noncompliance with Fish Habitat Permit FG 91 -II -0419) (Stream Number 259 -22- 10010) (Section 31, T. 28 S., R. 20 W., S.M.) (SID AK910607- 39A;COE No. 4- 910208 - Sargent Creek 2) On July 31, 1992 and December 2, 1992, the Alaska Department of Fish and Game (ADF &G) inspected your Sargent Creek stream diversion project. No significant construction activities appear to have been conducted between those dates. The inspections revealed that the stream diversion was not constructed according to approved engineering plans. Further, you have not complied with stipulations and conditions appearing in Fish Habitat Permit FG 91 -II -0419. During both inspections, the full flow of Sargent Creek was contained within the excavated diversion channel. Contrary to your approved engineering plans (April 12, 1991), dredged channel material has been placed immediately adjacent to the excavated channel. This material is now rapidly eroding into the dredged channel. The following specifications contained in the engineering plans have not been met: 1. Excess gravel excavated from the flood plain will be loaded into dump trucks and either hauled away or used for fill at other sites designated in this plan. Excess gravel excavated from the flood plain remains adjacent to the excavated channel. The material has not been hauled away nor used for fill at designated project sites. ir•ec 0'• •!ty_'e.7 Da De - Mr. Royal Large - 2 - December 14, 1992 2. The banks of the new (diversion) channel will slope at 2S :1V. As built, the banks of the new (diversion) channel approximate 1H:1V. 3. Cross channel drop structures will be placed every 300.feet with an additional sill included between engineering plan cross sections 4 and 5. As built, no cross channel drop structures have been installed. 4. A log barb will be installed between cross sections 3 and 4. As built, no log barb was installed. 5. To stabilize the stream bank adjacent to Tracts D -1 and D -2, an existing high water channel will be filled, three groins and two gravel berms will be constructed. The surface of the groins will be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. The surface of the berms will be capped with soil and vegetation. As built, the three groins and two gravel berms have not been constructed according to plan specifications. In addition, the stream diversion does not comply with Stipulations 2 and 4 which appear in Fish Habitat Permit FG 91 -II -0419. These stipulations include the following requirements: 2. The new diversion channel, groins, berms, and sills shall be constructed and maintained in accordance with the April 12, 1991, engineering plans submitted for review... 4. The log sills and the barb included in the diversion channel design shall be installed while the site is dewatered and prior to opening the channel to the flowing waters of Sargent Creek (emphasis added). State law (AS 16.05.870(b,c)) states that construction may not begin in a documented anadromous fish stream without first providing plans and specifications subject to approval by the ADF &G. Although you did submit plans for ADF &G approval, you did not construct your project according to those plans approved by Fish Habitat Permit FG 91 -II -419. Further, you did not request a modification of your permit as described in paragraph 4, page 3 of FG 91 -I1 -0419. Construction activities without approval is a violation of AS 16.05.880 and is a Class A misdemeanor. • Mr. Royal Large December 14, 1992 You are hereby directed to correct the items of noncompliance listed above by completing the following actions: 1. The excavated material currently forming berms immediately adjacent to both sides of the dredged stream channel shall be removed to an upland site or used for fill at other project sites identified in your April 12, 1992 engineering plan. Prior to removing the excavated material, filter fabrics shall be properly placed immediately above water level at the base of the berms to be removed. This will help minimize the amount of material entering the waters of Sargent Creek. Filter fabrics shall not be removed until the excavated material has been removed and until action 2 (below) has been completed. 2. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, the banks of the of the new (diversion) channel will be contoured to slopes no greater than 2H:1V. 3. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, the cross channel drop structures described in your engineering plan shall be installed in the diversion channel. 4. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, the log barb described in your engineering plans shall be installed between cross sections 3 and 4. 5. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, groin 1 1 described in your engineering plans shall be installed immediately above plan cross section 1. The surface of the groin shall be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. 6. After Action 5 above has been completed, groins 2 and 3 and the berms described in your engineering plans shall be constructed. The surface of the groins shall be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. The surface of the berms shall be capped with soil and vegetation. All other elements not listed here but detailed in your engineering plan shall be constructed according to plan. Activities stipulated in 1 through 7 above shall be completed prior to February 28, 1993, unless expressly authorized by this office. Mr. Royal Large - 4 - December 14, 1992 9. You shall submit to this office within 10 days of receipt of this Notice a written detailed plan describing how you will accomplish these stipulations. In your response, you shall include: a. Where you intend to place the excavated material you will remove from the channel -side berms. b. Your schedule for completing_ the stipulations above. c. The equipment you will use to accomplish the stipulations above. If you have any questions concerning any portion of this Notice, please contact me at the above address or at (907) 267 -2284. Sincerely, LTWAL- ichael Wiedmer Habitat Biologist Region II Habitat Division Phone: 267 -2284 cc: F. Rue, ADF &G P. Probasco, ADF &G L. White, ADF &G L. Schwarz, ADF &G J. Ferrise, COE T. Schwantes, FWP L. Freed, KIB M. North, USFWS ENCLOSURE 2 Royal Large Box 2634 Kodiak, Alaska 99615 December 17, 1992 Alaska Department of Fish and Game Mr. Michael Wi edman Habi tat Biologist , Sargent Creek 11 333 Rasberry Road Anchorage, Alaska 99518 -1599 Dear Mr. Wiedman, You seemed to have assumed that I have completed the project which i s an error. I am not i n viol "ati on. I simply have a project under construction which well meet the approved plan when completed. I have contacted the DEC, EPA, Corps, DNR, ADF &G, USCG, and the borough for financial assistance. I have gotten a small amount of assistance from the Borough and the Coast Guard. Without financial assistance, this project will take several years for me to complete. I therefore, am asking for an extension on my permit for three more years to allow me the . necessary time. I will notify ADF &G prior to each phase of construction. I fl at out do not have the money to complete the project by February. A catastrophic storm decimated my project and extended the cost and scope. As you can see from the enclosed photographs, I have no reason to delay the project and the only benefactor has been the ADF &G. Because of my activity in a low water year, there was a successful salmon run i n 1992. As in the past, I will first and foremost take into consideration the vitality of Sargent Creek, which without i nterventi on,' due to ravages of nature, is i n i is final stages of death as an anadromous stream. I stringintly refute that the Berm is "rapidly" failing, but concede that the bank will eventually scrub to erosion 1 i ke my tax bearing property. Si ncerely, Royal Large ALASKA DEPT. OF FISH & GAM •JEC 2 ; 1992 REGION II HABITAT DIVISION EE DEPARTMENT OF FISH AND GAME CERTIFIED December 14, 1992 Mr. Royal Large P. O. Box 2634 Kodiak, Alaska 99615 WALTER J. NICKEL, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 1 Dear Mr. Large: Re: Notice of Violation - Sargent Creek Bank Stabilization and Diversion Channel (Noncompliance with Fish Habitat Permit FG 91-11-0419) (Stream Number 259-22-10010) (Section 31, T. 28 S., R. 20 W., S.M.) (.SID AK910607-39A; COE No. 4-910208 - Sargent Creek 2) On July 31, 1992 and December 2, 1992, the Alaska Department of Fish and Game (ADF&G) inspected your Sargent Creek stream diversion project. No significant construction activities appear to have been conducted between those dates. The inspections revealed that the stream diversion was not constructed according to approved engineering plans. Further, you have not complied with stipulations and conditions appearing in Fish Habitat Permit FG 91-11-0419. During both inspections, the full flow of Sargent Creek was contained within the excavated diversion channel. Contrary to your approved engineering plans (April 12, 1991), dredged channel material has been placed immediately adjacent to the excavated channel. This material is now rapidly eroding into the dredged channel. The following specifications contained in the engineering plans have not been met: 1. Excess gravel excavated from the flood plain will be loaded into dump trucks and either hauled away or used for fill at other sites designated in this plan. Excess gravel excavated from the flood plain remains adjacent to the excavated channel. The material has not been hauled away nor used for fill at designated project sites. pr'inr.ed on recycled paper. C.; Mr. Royal Large - 2 - December 14, 1992 2. The banks of the. new (diversion) channel will slope at 20:1V. As built., the banks of the new (diversion) channel approximate• 1H:1V. 3. Cross channel drop structures will be placed every 300 feet with an additional sill included between engineering plan cross sections 4 and 5. As built, no cross channel drop .structures have been installed. 4. A log barb will be installed between cross sections 3 and 4. As built, no log barb was installed. 5. To stabilize the stream bank adjacent to Tracts D -1 and D -2, an existing high water channel will be filled, three groins and two gravel berms will be constructed. The surface of the groins will be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. The surface of the berms will be capped with soil and vegetation. As built, the three groins and two gravel berms have not been constructed according to plan specifications. In addition, the stream diversion does not comply with Stipulations - 2 and 4 which appear in Fish Habitat Permit FG 91 -II- 0419. These stipulations include the following requirements: 2. The new diversion channel, groins, .berms, and sills shall be constructed and maintained in accordance with the April 12, 1991, engineering plans submitted for review... 4. The log sills and the barb included in the diversion channel design shall be installed while the site is dewatered and prior to opening the channel to the flowing waters of Sargent Creek (emphasis added). State law (AS 16.05.870(b,c)) states that construction may not begin in a documented anadromous fish stream without first providing plans and specifications subject to approval by the ADF &G. Although you did submit plans for ADF &G approval, you did not construct your project according to those plans approved by Fish Habitat Permit FG 91 -II -419. Further, you did not request a, modification of your permit as described in paragraph 4, page 3 of FG 91 -II -0419. Construction activities without approval is a violation of AS 16.05.880 and is a Class A misdemeanor. Mr. Royal Large ,December 14 1992 You are hereby, directed to correct the items of noncompliance listed above by completing the following actions: 1. The excavated material currently forming berms immediately adjacent to both sides of the dredged stream channel shall be removed to an upland site or used for fill at other project sites identified in your April 12, 1992 engineering plan. Prior to removing the excavated material, filter fabrics shall be properly placed immediately above water level at the base of the berms to be removed. This will help minimize the amount of material entering the waters of Sargent Creek. Filter fabrics shall not be removed until the excavated material has been removed and until action 2 (below) has been completed. 2. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, the banks of the of the new (diversion) channel will be contoured to slopes no greater than 2H:1V. 3. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, the cross channel drop structures described in your engineering plan shall be installed in the diversion channel. 4. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, the log barb described in your engineering plans shall be installed between cross sections 3 and 4. 5. After the removal of the excavated material from the berms described in (1) above, and during the lowest flows practicable, groin # 1 described in your engineering plans shall be installed immediately above plan cross section 1. The surface of the groin shall be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. 6. After Action 5 above has been completed, groins 2 and 3 and the berms described in your engineering plans shall be constructed. The surface of the groins shall be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. The surface of the berms shall be capped with soil and vegetation. 7. All other elements not listed here but detailed in your engineering plan shall be constructed according to plan. 8. Activities stipulated in 1 through 7 above shall be completed prior to February 28, 1993, unless expressly authorized by this office. Mr. Royal. Large - 4 - December 14, 1992 . 9. You shall submit to this office within 10 days of receipt of this Notice a written detailed plan describing how you will accomplish these stipulations. In your response, you shall include: 0 a. • Where you intend to place the excavated material you will remove from the channel -side berms. b. Your schedule for completing the stipulations above. c. The equipment you will use to accomplish the stipulations above. If you have any questions concerning any portion of this Notice, please contact me at the above address or at (907) 267 -2284. Sin erely, ichael Wiedmer Habitat Biologist Region II Habitat Division Phone: 267 -2284 cc: F. Rue, ADF &G P. Probasco, ADF &G L. White, ADF &G. L. Schwarz, ADF &G J. Ferrise, COE T. Schwantes, FWP L. Freed, KIB M. North, USFWS SEE OF USU DEPARTMENT OF FISH AND GAME July 30, 1991 WALTER J. HICKEL, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 FISH HABITAT PERMIT FG 91-11-0419 Mr. Royal Large P.O. Box 2634 Kodiak, Alaska 99615 Dear Mr. Large: FLS . Re: Sargent Creek Bank Stabilization and Diversion Channel (Section 31, T. 28 S., R. 20 W., S.M.) (Stream Number 259-22-10010) SID AK910607-39A Sargent7Cre-e-k-12 COE No. 4-910208 Pursuant to AS 16.05.870(b) the Alaska Department of Fish and Game (ADF&G) has reviewed your stream channelization and streambank stabilization project proposal. This project entails channelizing approximately 1,400 feet of Sargent Creek in a reach of the stream where subsurface water flows occur during low water periods of the year. During high water flow events the river is eroding some of the streambanks, therefore, the purpose of the project is to redirect high water flows away from Tracts D-1 and D-2 of the Bell Flat Subdivision and to stabilize the streambank adjacent to these properties. We understand that the new diversion channel will be 50 to 60 feet wide and will be excavated to a depth of 2 feet below the existing thalweg elevation as identified in engineering plans submitted for review. At some locations this will require excavation of 6 to 8 vertical feet of alluvial material. The banks of the new channel will slope at 2H:1V. To provide for channel stability, cross channel drop structures (i.e. log sills) will be installed every 300 feet with an additional sill included between engineering plan cross sections 4 and 5 to contain flows within the channel. A log barb will also be installed between cross sections 3 and 4 to aid in bank stability and directional control of water flow. The project design flow is for a 2 year flood event of 1980 cubic feet per second. Mr. Royal Large -2- July. 30, 1991 To stabilize the streambank adjacent to Tracts D-1 and D-2 an existing high water channel will be filled, three groins and two gravel berms will be constructed, and the flow of Sargent Creek will be directed. into the diversion channel. The surface of the groins will be covered with filter fabric, soil and vegetation to provide stability and prevent erosion. The berms will be capped with soil and vegetation. In total, approximately 16,700 cubic yards of dredged fill material will be placed in wetlands. Sargent Creek has been specified as being important for the spawning, rearing, or migration of anadromous fish pursuant to AS 16.05.870(a). Your proposed project is located in a portion of the system that supports spawning pink, chum, and coho salmon, and Dolly—Varden-. However, your proposed projectshould not adversely affect these fish resources if conducted according to stipulations listed below. In accordance with AS 16.05.870(d) (commonly referred to as the Anadromous Fish Act), project approval is hereby given subject to the following stipulations: 1. Inwater work shall occur only during the period May 15 through July 15. 2. The new diversion channel, groins, berms, and sills shall be constructed and maintained in accordance with the April 12, 1991, engineering plans submitted for review (see enclosure). Log sills may be anchored using either earth anchors or cables and concrete deadmen. If deadmen are used, the top of each deadman must be at least 3 feet below the new channel's substrate surface elevation. 3. Dredging of the central portion of the new diversion channel may occur at any time of the year provided the site is dewatered and provided that both the upstream and downstream ends of the channel remain plugged to prevent sedimentation of the flowing waters of Sargent Creek. 4. The log sills and the barb included in the diversion channel design shall be installed while the site is dewatered and prior to opening the channel to the flowing waters of Sargent Creek. 5. When opening the diversion channel, first the downstream plug shall be removed and then the upstream plug shall be removed. 6. Fish that become trapped in the dewatered channel adjacent to and downstream of Tracts D-1 and D-2 shall be captured and returned unharmed to the new stream diversion channel Mr. Royal Large -3- July 30, 1991 7. The new diversion channel must be constructed and in operation prior to placement of groins or berms in the stream channel between the existing wooded island and Tracts D-1 and D-2. 8. The perimeter of the course of the stream diversion channel shall be staked and flagged for review and approval by ADF&G, Habitat Division before excavation work commences. 9. The Alaska Department of Fish and Game, Habitat Division, shall be notified at telephone number 267-2284 at least 7 days prior to the programmed excavation start date to arrange—for-a- preconstruction, on_ site _inspection. Upon completion of all work the ADF&G Habitat Division shall also be notified. For any activity which significantly deviates from the approved plan the petwittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS 16.05.870. This permit must be retained onsite during bank stabilization and diversion channel construction operations and expires on December 31, 1992. Please be advised that this approval does not relieve you of the responsibility for securing other permits, state, federal, or local. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal. Management Program and the Standards of the Kodiak Island Borough Coastal Management Plan. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The Department reserves the right to require mitigation measures to correct disruption of fish and game created by the project and which were a direct result of the failure to comply with this permit or any applicable law. This permit decision may be Mr. Royal Large -4- July 30, 1991 appealed in accordance with the provision of A.S. 44.62.330- 44.62.630. The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the permittee's performance under this permit. However, this provision has no effect, if, but •only if, the sole proximate cause of the injury is the department's negligence. Sincerely, Ronald J. Somerville Deputy Commissioner BY: C. Wayne Dolezal Habitat Biologist Region II Habitat Division (907) 267-2284 Enclosure cc: V. Gilbert, ADNR/DLWM w/o encl. •A. Smith, OMB/DGC w/o encl. T. Schwantez, FWP w/o encl. L. Schwarz, ADF&G w/o encl P. Probasco, ADF&G w/o encl. L. White, ADF&G w/o encl. L. Freed, KIB w/o encl. M. North, USFWS w/o encl. OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE. 3601 'C' Street, Suite-370 Anchorage, AK 99503 PHONE: (907) 561 -6131 FAX: (9071 561 -6134 O1 -A35LH Certified Mail Return Receipt Requested Mr. Royal Large P. O. Box 2634 Kodiak, AK 99615 CENTRAL OFFICE P.O. BOX AW JUNEAU, ALASKA 99811 -0165 PHONE: (907) 465 -3562 FAX: (907) 465 -3075 July 26, 1991 WALTER J. HICKEL, GOVERNOR NORTHERN REGIONAL OFFICE 675 SEVENTH AVENUE STATION H FAIRBANKS, ALASKA 99701 -4596 PHONE: (907) 451 -2818 FAX: (907) 451 -2814 Dear Mr. Large: SUBJECT: CONCLUSIVE CONSISTENCY DETERMINATION GARGENT= CREEK°2 STATE I.D. NUMBER AK910607 -39A The Division of Governmental Coordination (DGC) has completed coordinating the state's review of your project for consistency with the Alaska Coastal Management Program (ACMP). On July 26, 1991 you were issued a proposed consistency finding. The project is to rechannelize and stabilize a 1250 linear foot long portion of Sargent Creek (Section 31, T. 28S., R. 20W., SM) with approximately 16,700 cubic yard of dredged fill material. The reach of the stream to be channelized usually has subsurface water flows during low water periods of the year. During high water flow events, the river is eroding some of the streambanks, therefore the purpose of the project is to redirect high water flows from the applicant's property, and to stabilize the streambank adjacent to the property. The new diversion channel will be 50 to 60 feet wide and will be excavated to a depth of 2 feet below the existing thalweg elevation. Cross channel drop structures will be installed every 300 feet with an additional sill included to contain flows within the channel. A log barb will also be installed to aid in bank stability and directional control of water flow. The existing high water channel will be filled, and three groins and two gravel berms will be constructed in order to stabilize the streambank and direct the flow of Sargent Creek into the diversion channel. The surface of the groins will be covered with filter fabric, soil and vegetation to provide stability and prevent erosion. The berms will be capped with soil and vegetation. -49lci 1 G printe•i'ycled paper b r C.C. Mr. Royal Large 2 July 26, 1991 Sargent Creek 2 State I.D. No. AK910607 -39A This conclusive consistency determination applies to the following state and federal authorizations as per 6 AAC 50:. 1. U. S. ARMY CORPS OF ENGINEERS (COE), SECTION 404 PERMIT (4- 910208).; 2. DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC), CERTIFICATE OF REASONABLE ASSURANCE; 3. DEPARTMENT OF FISH AND GAME (DFG), FISH HABITAT PERMIT. Based on the review of your project by the Alaska Departments of Natural Resources, Environmental Conservation, and Fish and Game, and the Kodiak Island Borough, the state concurs with your certification that the project is consistent with the ACMP provided the following conditions are met. The following stipulations will appear as conditions on the Fish Habitat Permit issued by DFG: 1. Inwater work shall occur only during the period May 15 through July 15. 2. The new diversion channel, groins, berms, and sills shall be constructed and maintained in accordance with the April 12, 1991, engineering plans submitted for review (attached). Log sills may be anchored using either earth anchors or cables and concrete deadmen. If deadmen are used, the top of each deadman must be at least 3 feet below the new channel's substrate surface elevation. 3. Dredging of the central portion of the new diversion __channel_may.oscur__at__ .any __t me_of the__ year_provided the' site is dewatered and provided that both the upstream and downstream ends of the channel remain plugged to prevent sedimentation of the flowing waters of Sargent Creek. 4. The log sills and the barb included in the diversion channel design shall be installed while the site is dewatered and prior to opening the channel to the flowing waters of Sargent Creek. 5. When opening the diversion channel, first the downstream plug shall be removed and then the upstream plug shall be removed. alsl /close /sargent2.cof Mr. Royal Large 3 July 26, 1991 Sargent Creek 2 State I.D. No. AK910607-39A 6. Fish that become trapped in the dewatered channel adjacent to and downstream of Tracts D-1 and D-2 shall be captured and returned unharmed to the new stream diversion channel. 7. The new diversion channel must be constructed and in operation prior to placement of groins or berms in the stream channel between the existing wooded island and Tracts D-1 and D-2. 8. The perimeter of the course of the stream diversion channel shall be staked and flagged for review and approval by DFG, Habitat Division before excavation work commences. The following stipulation will appear as a condition on the DEC Certificate of Reasonable Assurance: 9. The new fill shall be stabilized against erosion. These stipulations are necessary to prevent entrapment of fish in the dewatered channel, and to prevent excessive erosion and the resultant downstream sedimentation and loss of habitat. These ensure consistency with the Habitats Standards of the ACMP (6 AAC 80.130). Copies of the pertinent ACMP Standards are enclosed. This conclusive consistency determination represents a consensus reached between you as the project applicant and the reviewing agencies listed above, as provided for under 6 AAC 50.070(k). As also provided under 15 CFR 930.64(c), federal authorization of your project will be made with the full understanding that your original project proposal has been modified subject to the conditions described above. 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. The state reserves the right to enforce compliance with this conclusive consistency determination if the project is changed in any significant way, or if the actual use differs from the approved use contained in the project description. If appropriate, the state may amend the state approvals listed in this conclusive consistency determination. alsl/close/sargent2.cof Mr. Royal Large 4 July 26, 1991 Sargent Creek 2 State I.D. No. AK910607-39A By copy of this letter, we are informing the COE of our proposed finding. Please be advised that although not necessary for consistency with the ACMP, the following stipulation will appear on the Fish Habitat Permit issued by DFG. The Alaska Department of Fish and Game, Habitat Division, shall be notified at telephone number 267-2284 at leiSt 7 days prior to the programmed excavation start date to arrange for a preconstruction, on site inspection. Upon completion of all work, the DFG Habitat Division shall also be notified. Please also be advised that a local zoning compliance and/or building permit may be required for the project by the Kodiak Island Borough. The applicant is advised that they will need to check with the Borough Community Development Department several months prior to starting this project, who will make a determination of the need for a local permit. Please contact the Department at 486-5736. Please be advised that although the State has found your project consistent with the ACMP, based on your project description and any stipulations contained herein, you are still required to meet all applicable 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. If you have questions regarding this determination, please contact me at 561-6131. Sincerely, i fried ,r Alison mith Project Review Coordinator Enclosure cc: Wayne Dolezal, DFG Tim Rumfelt, DEC Greg Curney, DNR Linda Freed, KIB John Leeds, COE alsl/close/sargent2.cof STE U OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHCENTRAL REGIONAL OFFICE 2600 DENALI STREET SUITE 700 ANCHORAGE, ALASKA 99503 -2798 PHONE: (907) 561 -6131 FAX: (907) 561 -6134 01 -A35LH Certified Mail Return Receipt Requested. Mr. Royal Large P. O. Box 2634 Kodiak, AK 99615 Dear Mr. Large: CENTRAL OFFICE P.O. BOX AW JUNEAU, ALASKA 9981 1 -01 65 PHONE: (907) 465 -3562 FAX: (907) 465 -3075 WALTER J. HICKEL, GOVERNOR NORTHERN REGIONAL OFFICE 675 SEVENTH AVENUE STATION H FAIRBANKS, ALASKA 99701 -4596 PHONE: (907) 451 -2818 FAX: (907) 451 -2814 July 18, 1991 SUBJECT: PROPOSED CONSISTENCY FINDING SARGENT=CREEK= 2- STATE I.D. NUMBER AK910607 -39A The Division of Governmental Coordination (DGC) is currently coordinating the state's review of your project for consistency with the Alaska Coastal Management Program (ACMP) and has developed this proposed consistency finding based on reviewers' comments. The project is to rechannelize and stabilize a 1250 linear foot long portion of cS.ar gent __Creek___(S_ection- 3- 1�; —T: 28S:= =R - =20W -: =SM -) with approximately 16,700 cubic yard of dredged fill material. The reach of the stream to be channelized usually has subsurface water flows during low water periods of the year. During high water flow events, the river is eroding some of the streambanks, therefore the purpose of the project is to redirect high water flows from the applicant's property, and to stabilize the streambank adjacent to the - property. The new diversion channel will be 50 to 60 feet wide and will be excavated to a depth of 2 feet below the existing thalweg elevation. Cross channel drop structures will be installed every 300 feet with an additional sill included to contain flows within the channel. A log barb will also be installed to aid in bank stability and directional control of water flow. The existing high water channel will be filled, and three groins and two gravel berms will be constructed in order to stabilize the streambank and direct the flow of Sargent Creek into the diversion channel. The surface of the groins will be covered with filter fabric, soil and vegetation to provide stability and prevent erosion. The berms will be capped with soil and vegetation. efleA co ' printed on recycled page' 0 0 This proposed consistency finding applies to the following state and federal authorizations as per 6 AAC 50: 1. U. S. ARMY CORPS OF ENGINEERS (COE), SECTION 404 PERMIT (4-910208); 2. DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC), CERTIFICATE OF REASONABLE ASSURANCE; 3. DEPARTMENT OF FISH AND GAME (DFG), FISH HABITAT PERMIT. Based on the review of your project by the Alaska Departments of Natural Resources, Environmental Conservation, and Fish and Game, and the Kodiak Island Borough, the state concurs with your certification that_the_project is -consistent with the,ACMP-provided the following conditions are met. The following stipulations will appear as conditions on the Fish Habitat Permit issued by DFG: 1. Inwater work shall occur only during the period May 15 through July 15. 2. The new diversion channel, groins, berms, and sills shall be constructed and maintained in accordance with the April 12, 1991, engineering plans submitted for review (attached). Log sills may be anchored using either earth anchors or cables and concrete deadmen. If deadmen are used, the top of each deadman must be at least 3 feet below the new channel's substrate surface elevation. 3. Dredging of the central portion of the new diversion channel may occur at any time of the year provided the site is dewatered and provided that both the upstream and downstream ends of the channel remain plugged to prevent sedimentation of the flowing waters of Sargent Creek. 4. The log sills and the barb included in the diversion channel design shall be installed while the site is dewatered and prior to opening the channel to the flowing waters of Sargent Creek. 5. When opening the diversion channel, first the downstream plug shall be removed and then the upstream plug shall be removed. 6. Fish that become trapped in the dewatered channel adjacent to and downstream of Tracts D-1 and D-2 shall be captured and returned unharmed to the new stream diversion channel. 7. The new diversion channel must be constructed and in operation prior to placement of groins or berms in the stream channel between the existing wooded island and Tracts D-1 and D-2. 8. The perimeter of the course of the stream diversion channel shall be staked and flagged for review and approval by DFG, Habitat Division before excavation work commences. The following stipulation will appear as a condition on the DEC Certificate of Reasonable Assurance: 9. The new fill shall be stabilized against erosion. These stipulations are necessary to prevent entrapment of fish in the-dewatered channel, and to prevent excessive erosion and the resultant downstream sedimentation and loss of habitat. These ensureiconsistency with the Habitats Standards of the ACMP (6 AAC 80.130). Copies of the pertinent ACMP Standards are enclosed. Please contact me within five days of your receipt of this proposed finding to indicate whether or not you concur with this finding. If you are not prepared to concur within the five-day period, you may either: (a) request an extension of the review schedule, if you need more time to consider this finding, or (b) request that the state reconsider this finding, by submitting a written statement requesting "elevation" of the finding, describing your concerns, and proposing as alternative consistency finding, This alternative finding must demonstrate how your project is consistent with the referenced standards of the ACMP and district policies without the stipulations included in this proposed finding. If I do not receive your request for extension or an elevation statement from you, or any other reviewing party with elevation rights as per 6 AAC 50.070(j), within five days of receipt of this letter, this proposed finding will be issued as a final conclusive consistency determination. By copy of this letter, we are informing the COE-of our proposed finding. Please be advised that although not necessary for consistency with the ACMP, the following stipulation will appear on the Fish Habitat Permit issued by DFG. h The Alaska Department of Fish and Game, Habitat Division, shall be notified at telephone number 267-2284 at least 7 days prior to the programmed excavation start date to arrange for a preconstruction, on site inspection. Upon completion of all work, the DFG Habitat Division shall also be notified. Please also be advised that a local zoning compliance and/or building permit may be required for the project by the Kodiak Island Borough. The applicant is advised that they will need to check with the Borough Community Development Department several months prior to starting this project, who will make a determination of the need for a local permit. Please contact-the Department at-485-!5736-- - Please be advised that although the State has found your project consistent with the ACMP, based on your project description and any stipulations contained herein, you are still required to meet all applicable 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. If you have questions regarding this process, please contact me at 561-6131. Sincerely, ison . S ith Project Review Coordinator Enclosure cc: Wayne Dolezal, DFG Tim Rumfelt,-DEC Greg Curney, DNR Linda Freed, KIB John Leeds, COE KODIAK ISLAND BOROUGH Community Development 710 Mill Bay Road (Rm 204), Kodiak, Alaska 99615 -6340 - Phone: (907) 486 -5736, ext 255 or 254 ZONING COMPLIANCE PERMIT Permit #: _ z -'' 1 '-C - ' '< �. Property Owner /Applicant: L i t.� . , ( L G'�c, �, Number and size of parking spaces required (onsite identification of parking spaces is required - Yes: No: /� Mailing Address: .z-4,, 3 i" Le-c v phone: - S-0-5-7- 12 � G of---h4„_ Gk_ /LO vim,-- ,e-s -+�(J s d—f` 1 `-' Offstr oading requirement: / v A L 2. Legal Description: ( c—a c,� 1� — 1 �� i��liS�Ir} .c�j 1 Street Address: /'7 Z, 'G✓1.c 0 w-eL`c.-- Tax Code #: [ CO 2_- e3- 5 91 7 �q Plat related requirements (e.g., plat notes, easements, subdivision conditions, etc.): 44" 3. Description of Existing Propertrcurrentzoning: - - - cL,,,,.du_.7-r'v4 . Minimum Required Lot Area: 2 �� (N-0-1) Width: V-5- 4 Other requirements (e.g., zero lot line, additi.nal setbacks, projections into yards, screening, etc.): 4 'g� Actual Lot Area: (( / ( 3 2Z Width: -7---S ‘- 4_ jG2n t et c tr Get ~• d r - /�� Minimum Required Setbacks: Sides: / t ; i �� •rg j ay f k/ , 7 .1.r „ ,? ,� 1, Front: Rear: i\--1 14" Coastal anag m ram Applicable Polices (check appropriate category) - Residential: Business: Maximum Building Height: Industrial: Other (list): n 0_ Use and size of existing structures on the lot: 01-- 1-- (f/ 40,- 54-6,e-e, Is the proposed action consistent with the KIB Coastal Management Program? - Yes: / No: a If the proposed action conflicts with the Coastal Management Program policies, attach a sheet that notes the policy(ies) describes the conflict(s), and specifies conditions to mitigate the conflict(s). Attachment - Yes: No:___ 4. Description of proposed action (attach site plan): = / (C d CO(-7. ,.4-' `07. 11 1 Sw- Cv .i a k0 // ) V‘ .ice G J �r �C 4-tie .� ,.. C" �c n ,. _ ( V . 1�i4 } ....■-■ , ■ Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the author? to certify this as the property owner, or as a representative of the property owner. P P Y fY P Y P g authority fY P PertY � P P Pent I agree to have identifiaa�ble corner markers in place in the field for verification of setbacks. ,+ By: ! c---e Q / Date: 7 — / F — 7 Title: Supporting documents attached (check )Site plan: *uilt survey: Other (list): 6. Community Development staff for zoning, by: 1 Date: Title: 4- 7. Fire Chief [City of Kodiak, Fire District #1 (Bayside), Womens Bay Fire District] approval for UFC (Sections 10.207 and 10.301C) by: Date: $. Driveway Permit (state, City of Kodiak, Borough) issued by: Date: 9. Septic system PLAN approved by: Date: Distribution: File / Building Official /ApplicantTHIS FORM•DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED June 1991 M EMORA DUM Sta To: Alison L. Smith Project Coordinator Div. of Governmental Coordination FILE No: Office of Management and Budget FROM: of Alaska DATEJuly 15, 1991 C. Wayne Dolezal Habitat Biologist Region II Habitat Division Department of Fish and Game TELEPHONE NO: 267 -2284 SUBJECT: Royal Large Sargent Creek 2 SID AK910607 -39A COE No. 4- 910208 Amended Comments The Alaska --Department of Fish "_and Game (ADF &G) has - reviewed- -the- -- stream channelization and streambank stabilization project referenced above and provided comments to you on July 8, 1991. In addition, to the comments provided at that time we wish to amend stipuluation number 8 and add another stipulation pursuant to our authority under AS 16.05.870. The stipulations are as follows: 8. The perimeter of the course of the stream diversion channel shall be staked and flagged for review and approval by ADF &G, Habitat Division before excavation work commences. 9. The Alaska Department of Fish and Game, Habitat Division, shall be notified at telephone number 267 -2284 at least 7 days prior to the programmed excavation start date to arrange for a preconstruction, on site inspection. Upon completion of all work the ADF &G Habitat Division shall also be notified. We appreciate the opportunity to comment and your attention to this ammendment of our comments. If you have any specific questions, please contact me at 267 -2333. cc: D. Kohler, COE T. Rumfelt, DEC V. Gilbert, DNR /DLWM P. Probasco, ADF &G L. Schwarz, ADF &G L. White, ADF &G L -Fr-eed,,___.KodiakIsl.and -= Borough 02 -001 (Rev.10 /79) I7 Iq► MEMORANoUM State of Alaska DEPARTMENT OF FISH & GAME TO: Alison L. Smith Project Review Coordinator Division of Governmental Coordination Office of Management and Budget FROM: C. Wa Dolezal Habitat Biologist Region II Habitat Division Department of Fish and Gam DATE: July 8, 1991 FILE NO.: TELEPHONE NO.: 267-2284 CT: Royal Large rgent Creek 2 AK910607-39A E 4-910208 The Alaska Department of Fish and Game (ADF&G) has reviewed the stream channelization and streambank stabilization project referenced above. In addition, the applicant provided ADF&G with pertinent design information that was not included in the Corps of Engineers public notice. This proposed project entails channelizing approximately 1,400 feet of Sargent Creek in a reach of the stream where subsurface water flows occur during low water periods of the year. During high water flow events, the river is eroding some of the streambanks, therefore, the purpose of the project is to redirect high water flows away from Tracts. D-1 and D-2 of. the Bell Flat Subdivision and to stabilize the streambank adjacent to these properties. We understand that the new diversion channel will be 50 to 60 feet wide and will be excavated to a depth of 2 feet below the existing thalweg elevation as identified in engineering plans submitted for review. The banks of the new channel will slope at 2H:1V. To provide for channel stability, cross channel drop structures (i.e., log sills) will be installed every 300 feet with an additional sill included between engineering plan cross sections 4 and 5 to contain flows within the channel. A log barb will also be installed between cross sections 3 and 4 to aid in bank stability and directional control of water flow. The project design flow is for: a 2 year flood event of 1980 cubic feet per second. To stabilize the streambank adjacent to Tracts D-1 and D-2, an existing high water channel will be filled, three groins and two gravel berms will be constructed, and the flow of Sargent Creek will be directed into the diversion channel. The surface of the groins will be covered with filter fabric, soil, and vegetation to provide stability and prevent erosion. The berms will be capped with soil and vegetation. In total, approximately 16,700 cubic yards of dredged fill material will be placed in wetlands. Alison Smith -2- July 8, 1991 Sargent Creek has been specified as being important for the migration, spawning, or rearing of anadromous fish pursuant to AS 16.05.870(a). The proposed project is located in a portion of the stream that supports spawning pink, chum, and coho salmon and Dolly Varden. Pursuant to statutory authorities under AS 16.05.870, we have identified the following mitigative measures necessary to protect fish and wildlife and will include these in a Fish Habitat Permit to the applicant: 1. Inwater work shall occur only during the period May 15 through*July 15. 2. The new diversion channel, groins, berms, and sills shall be constructed and maintained in accordance with the April 12, 1991, engineering plans submitted for review (see attached). Log sills may be anchored using either earth anchors or cables and concrete deadmen. If deadmen are used, the top of each deadman must be at least 3 feet below the new channel's substrate surface elevation. 3. Dredging of the central portion of the new diversion channel may occur at any time of the year provided the site is dewatered and provided that both the upstream and downstream ends of the channel remain plugged to prevent sedimentation of the flowing waters of Sargent Creek. 4. The log sills and the barb included in the diversion channel design shall be installed while the site is dewatered and prior to opening the channel to the flowing waters of Sargent Creek. 5. When opening the diversion channel, first the downstream plug shall be removed and then the upstream plug shall be removed. 6. Fish that become trapped in the dewatered channel adjacent to and downstream of Tracts D-1 and D-2 shall be captured and returned unharmed to the new stream diversion channel 7. The new diversion channel must be constructed and in operation prior to placement of groins or berms in the stream channel between the existing wooded island and Tracts D-1 and D-2. 8. At least 72 hours prior to commencing work on the project, the applicant shall notify the ADF&G Habitat Division at 267-2284 that work is about to begin. Upon completion of Alison Smith -3- July 8, 1991 all work, the ADF&G Habitat Division shall also be notified. Pursuant to the Alaska Coastal Management Program (ACMP), the department recommends that the project be found consistent if the stipulations described above are incorporated in project approvals. The above stipulations are necessary according to the Habitats Standard (6 AAC 80.130) of the ACMP and the policies of the Kodiak Island Borough Coastal Management Program. We appreciate the opportunity to comment. If you have any specific questions, please contact me at 267-2333. Attachment cc: D. Kohler, COE T. Rumfelt, ADEC V. Gilbert, ADNR/DLW P. Probasco, ADF&G L. Schwarz, ADF&G L. White, ADF&G M. North, USFWS B. Mahoney, NMFS P. North, EPA L. Freed, Kodiak Island Borough Kodiak Island Borough Alison L. Smith Project Coordinator DGC - OMB Southcentral Regional Office 3601 C Street, Suite 370 Anchorage, Alaska 99503-5930 RE: Sargent Creek 2 SID AK910607-39A, Dear Ms. Smith: 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486.5736 July 3, 1991 The Kodiak Island Borough has reviewed the project referenced above. The applicant proposes to place up to approximately 16,700 cubic yards of dredged fill material into waters of the United States, during the realignment of approximately 1,250 linear feet of Sargent Creek. The purpose of the proposed work is to move the creek bed into its former channel, and to stabilize the creek bed along the edge of the applicant's property. The Kodiak Island Borough believes that it is important for the fisheries habitat values of Sargent Creek to be maintained throughout the life of the project. However, the Kodiak Island Borough does not possess the technical expertise to evaluate this aspect of the project. Based on our review, we have no objection to the project. We, therefore, recommend that it be found consistent with the KIBCMP and the ACMP. For your information, a local zoning compliance and/or building permit may be required for the project. By copy of this letter we are advising the applicant of the need to check with our office, several months before starting the project, to obtain a determination on the need for a local permit. Kodiak Island Borough Alison L. Smith July 3, 1991 Page 2 If you have any questions about these comments, please feel free to call me. Sincerely, Linda L. Freed, Director Community Development Department c.c. R. Large, Applicant B. Cassidy, KIB W. Dolezal, ADFG D. Dvorak, KIB V. Gilbert, ADNR L. Kimball, City of Kodiak J. Leeds, COE T. Rumfelt, ADEC B. Scholze, KIB J. Selby, KIB 1 Mr. Royal Large P.O. Box 2634 Kodiak AK 99615 July 12, 1991 SUBJECT: Wetlands Dear I object to the role being played by the regional offices of the Federal Government in implementing wetlands and other Federal land use and grant making programs to nationalize private property and the market economy in the name of the environment. While the Clean Water Act sounds well meaning, I am deeply concerned that the adopted totalitarian inland sea powers by the EPA -COE have become a RUSE for the objectives of Federal regionalism. Federal regionalism means "ABSOLUTE CONTROL AND DEVELOPMENT OF ALL OF THE. LAND OF THE UNITED STATES WHEREVER IT MAY BE" (Robert C. Weaver, former Head of Housing and Urban Development, in testimony before the California State Legislature). Twice the above has resulted in the virtual theft of our assets. 1) Silver Lake, Washington: I am unable to do anything with land I inherited from my parents - except pay taxes. In this instance, I wanted to fill 1.5 acres of 150 acres for a flat surface on algae soaked dead brush and weeds. The overall impact of this project would have opened up a portion of a lake to the public and removed thousands of weeds that infest the area. Contrary to University of Washington studies, the environmental permitting system looked at my proposal on my property as "critical habitat" and classified what was once valuable family farmland where hay and potatoes, conifers, ducks, fish, and deer lived in harmony as "wetlands of the State" forever. The only rights I have to my inheritance are to pay taxes. 2) For many, many years, I have been trying to get regulatory clearances to correct stream bank erosion affecting not only my revenue bearing, tax base property, but also the property of others in Kodiak, Alaska. The Army Corps removed man -made concrete blocks that were containing the banks of a river. This structure was removed with other World War II debris. Upon removal, the river left it's normal channel causing erosion to my property. The Clean Water Act precludes any reasonable attempt to re- establish the river to its original channel. I have proposed to take out a spreading cambered middle flood plain, create a maintained channel, shore up eroding banks, so fish and high bank habitats could co- exist. The COE indicated to me that the only lawful way I Please do give Federal regionalism a constitutional government, elected official, a trip to the woodshed (spanking). Sincerely, Royal Large Enc: Photocopies of 2 letters pc: Senator Ted Stevens Senator Frank Murkowski Representative Donald E. Young P.S. To emphasize my point, I am sending a packet of letters and newspaper clippings. ■ 7-141`-'11YcP1111‘1 11ie AAA) sr, t 91;.. Lawmakers complain about wetlands rules Cox News Service WASHINGTON — Federal regulations to protect wet- lands are burdensome and expensive for the real estate and construction industries, lawmakers complained Wednesday as Congress pre - pares to rewrite the ,sweep- ing 1977 Clean Water Act. John J. LaFalce, D -N.Y., chairman of the House Corn - mittee on Small Business, said federal agencies have extended protection "to mar- ginal wet areas • that may have no important functions and values," and complicated the process developers face to obtain a U.S. Army Corps of Engineers permit to build. LaFalce, whose committee held the first of two hear- ings on the wetlands issue. called for a moratorium of new rules which took effect in March 1989 "so that bal- ance and fairness can once again prevail." The lawmakers stressed that they are not attempting to dismantle regulations pro- tecting endangered swamps, marshes and bogs prevalent in Florida, Georgia and throughout the Southeast. Their criticism was direct- ed at a new federal manual developed by the Army Corps of Engineers, the En- vironmental Protection Agency and other federal agencies that expands the. definition of certain types of lands as wetlands. V In - . i °cu L, Nets Land is taken without compensation Royal and Roberta Large . Kodiak. Alaska, residents We own about 200 acres of land on Silver Lake. The property was purchas- ed in the early 1940s and has been en- joyed by our family ever since. About three - fourths of the land has now been classified as "Wetlands of the state," and we are being denied the right to do anything with it. In 1987, we initiated plans to develop 21/2 acres of our 150 acres of wetlands in an area that is now nothing but an en- tanglement of dead brush. Our proposal was to create a fill to enable us to con- struct a sportsman lodge and provide parking along it with a boat launch to Silver Lake. The objective of this development was to provide access to the lake for the general public to use for fishingInd.hunting. In 1956, we granted the state Depart- ment of Fish and Game a perpetual easement upon our property to main- . tain, use and manage the wetlands to provide the public an area for hunting, fishing and other recreational uses. Since that time, nothing has been done and the area is now so infested with brush and weeds, it is useless to anyone. Our efforts to reclaim the area into a useable sportsman site, the way it used to be, has been denied by Cowlitz County through their permit process. The county is afraid that if it approves the shorelines permit, it will be overrul- ed by another agency down the line. The whole permit process appears to have been designed to discourage developers by forcing them into a stair -step permit process. We were told we could appeal the denial of our permit to higher authorities. However, by. some ac- counts, it would cost between $20,000 and ;600,000 to challenge the en- vironmental policies and rules. It is becoming a sad state of affairs when our government agencies have set themselves up as being dictators of our private lands. It is our constitutional right to own land, but who really owns it? We use to own 200 acres of what we considered valuable land and have been paying taxes on it for nearly 50 years. Now we're being told that out of the 200 acres, we can use 50 acres of it, but will continue to pay taxes on the full 200. In our opinion, the government has direct- ly stolen 75 percent of our property and on top of that, they are penalizing us for having my name on the deed by charg- ing us taxes on what they won't let us use. Where is my compensation? 3 Mr. Royal Large PO Box 2634 Kodiak, AK 99615 June 20, 1991 Congressman John J. LaFalce Chairman of House Committee on Small Business 2361 RHOB Washington, D.C. 20515 Dear Congressman LaFalce: I am writing this because I like your Committee's efforts to emphasize to the President and your congressional colleagues the necessity for legislative and policy reforms on wetlands ;so balance and fairness may again prevail." I own property in both Washington State and Alaska which I am currently unable to develop because of existing wetlands policies of the Army Corps of Engineers. Enclosed please find my letter of May 30, 1991, to Washington Governor Booth Garner. In my letter, I am proposing to mitigate my losses incurred by reason of the Clean Water Act regulations in the form of a land swap. I see this as my viable alternative under current regulations. I am aware that the Washington State Department of Transportation is interested in purchasing additional right-of-way from me with use of federal funds, and I am hopeful that something can be worked out with these agencies to allow me some beneficial use of my property. What is frustrating to me was that, in my view, the Section 404 Permit process was, in my case, used to establish an absolute prohibition over development and was not done on the basis of biological reason, the relative economic merits of my proposal, or in consideration of any of my rights as a landowner. In Washington State, it is the usual practice for the Corps of Engineers to defer to the State Department of Ecology on wetlands issues, including fihl permits. I am seeking your assistance in getting a land swap accomplished. I am of such an age and income level that I do not have the financial resources to combat a regulatory taking of my property based on my assets alone. It is my understanding from talking to attorneys who practice in the area of federal land swaps, that these deals can take many years to come to fruition, particularly if the managers of the Federal agencies in charge of land stewardship have no motivation to act. I am fearful that by the time I could put all of the various parties and pieces of a swap together. I would be dead. I would like your committee, Congressman LaFalce, to recommend to the President streamlining the Federal bureaucratic process to make it more receptive to land trades to mitigate losses through regulatory takings under the Clean Water Act. Congressman John J. LaFalce June 20, 1991 Page 2 Whatever help you or your staff could provide me to work out a land swap would be very much appreciated. I am even at a loss as to whom to approach to begin discussions within the Federal Government. Whatever help you could extend to me would be very much appreciated. Yours truly, 8J 44 Royal Large PO Box 2634 Kodiak, AK 99615 (907)486 -5057 Enclosure Governor Booth Gardner May :30, 1991 Page 2 Lake from the natural advancement of the eutrophication process. Washington State University has studied and well documented this conversion of the lake to meadow land, and Dr. William Funk, who heads the WSU project, has told me that the type of dredging I proposed can be very effective in reversing the process. He points out that dredging was very successful at Liberty Lake, for example, to combat the natural infilling there. agree that wetlands are valuable resources for this state and can, in the appropriate circumstances, serve as storm water retention reservoirs to prevent flooding, act as a .natural filter, to clean water, provide valuable habitat for water dependent species, and provide a number of other functions as well. In the case of Silver Lake, however, it is the man-made flood water retention structure which has increased the storm water reservoir capacity resulting in significant flooding of our cropland. Due to the very shallow levels of the water at the lake's perimeter and the water's high temperature, the weed and brush generation, which do serve as filtering agents, are too effective. WSU has documented that so much sediment is filtered out of the water and deposited that the lake is rapidly filling and unless the process is reversed, Silver Lake won't exist in another 20 to 30 years. Then all of the water dependent species will be displaced. No one seems to have a very good answer to the question I raised by pointing out that by mindlessly following a no-development program, the State is guaranteeing the loss of the lake habitat through: the natural eutrophication process. It is pretty clear to me from listening to various speakers from the State agencies that there are not state funds available to reverse this process-. If private sources of funding are curtailed because of well-meaning but misguided enforcement of your wetlands policy, then nothing good is going to come of that noble effort. I am asking you to direct the state agencies, principally the Departments of Ecology and Wildlife, to take another look at issuing me a hydraulics permit and commenting favorabaly on a COE Section 404 permit for my proposal. Barring that, 1 would request your office's assistance in May 30, 1991 Governor Booth Gardner Office of the Governor C,v=ia, WA 98504-0413 Dear Governor Gardner: I am writing you to seek your assistance in resolving a problem that has made , me an unintended victim of your executive order 90-04 on the protection of wetlands. Mv family has owned property bordering Silver Lake, Washington for more than 60 years. Our property is adjacent to Seaquest State Park, and we are the closest private landowner west of the Mt. St. Helens Interpretive Center on Spirit Lake Highway. After the construction of the flood control dam at the outflow of Silver Lake, we lost a great deal of upland due to the backing up of water behind this dam structure. In more recent years, because there is very little circulation of water in Silver Lake, these backwaters have been subjected to a rapidly increasing process of eutrophication to he extent that where our family once raised hay and grazed cattle to the edge of Silver Lake this pasturage has been overtaken by swamp that is rapidly being filled with brush and sediment. Our upland no longer has any direct access to the open water of Silver Lake. In 1988, as a means of rectifying this situation, and trying to reclaim some small portion of my land lost to the swamp, I sought to fill in approximately two acres of this brushy swamp adjacent to Seaquest Park between the highway and what was an old logging railroad bed in order to construct a hunting and fishing lodge. I intended to build a boat ramp and a boat launch and cut an open water channel from the lodge through the brushy backwater out to the open water of Silver Lake. When I submitted an application to undertake this project, I ran smack into a number of State agencies that are quite willing to repeat no net loss policy ad nauseam while turning a blind eye to the fact that if some steps are not taken to reverse the eutrophication process, there won't be any wetlands to protect in another 15 to 20 years. I has probably come to your attention that Cowlitz County has requested the State's assistance in preserving Silver Governor Booth Gardner May 30, 1991 Page 3 arranging a swap of what will be useless property to me and my children to the Washington State ?arks and Recreation Commission for the expansion of Seaquest State Park or to the Federal Government for the expansion of the Mt. "-,t. -...'ens National Monument Interpretive Center. : know the Washington Department of Transportat';',n is interested in acquiring additional righA-of-way from widen Spirit Lake Highway to bring more tourists into the area. I know the Federal Agency administering the National Monument is interested in acquiring the old logging railroad bed I previously mentioned was on my property for the purpose of establishing a nature walk. Perhap a land swap would be the appropriate way for all of the parties to meet their respective needs. Yours. truly, Royal Large P.O. Box 2634 Kodiak, AK 99615 • Kodiak Island Borough congressman John J. LaFalce U.S. House of Representatives 2367 Rayburn Building Washington, D.C., 20515 Dear Congressman LaFalce: 710 MILL BAY ROAD KODIAK,"ALASKA 99615-6340 PHONE (907) 486.5796 May 15, 1991 It has come to my attention that you have co- sponsored the Comprehensive Wetlands Management Act of 1991, and I am taking this opportunity to express our appreciation to you for your support for this important legislation. As you are obviously aware, Alaska and many other regions of the country are adversely affected by the current wetlands regulations provided by the United States government. This proposed bill would provide much needed relief for our state. We sincerely appreciate your efforts, and if I can provide you with any information that would be of assistance to you in this matter, just let me know. Sincerely, KODIAK ISLAND BOROUGH Jerome M. Selby Borough Mayor DEC 1eft- DFG DFG COE sr. t -a.ectc -7 SIN.7L7c OF UnSh Phone PROJECT TITLE: 7 OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION PROJECT INFORMATION SHEET Walter J. Nickel, Governor SOUTHCENTRAL REGIONAL OFFICE 3601 STREET SUITE 370 ANCHORAGE, ALASKA 99503-5930 PHONE: (907) 561-6131 STATE I.D. NUMBER: DGC CONTACT: AK91 to6o7- (3'7A APPLICANT/PROPONENT: DIRECT FEDERAL ACTION: YES NO REVIEW TYPE: CONSISTENCY AN1LCA ACTIVITY TYPE: ARMED FORCES COMMERCIAL LAND MANAGEMENT PLAN MINING: HARDROCK PLACER OFFSHORE OIL & GAS PUBLIC UTILITIES/FACILITIES PRIVATE RESIDENTIAL FILL PLACEMENT L7 FLOATING STRUCTURES Phone 561-6131 561-6134 Agent Phone ez-51c--7 •Fax OCSLA PA OTHER FISHERIES PRODUCTION: GENERAL HATCHERY REMOTE RELEASE ENHANCEMENT_ PROCESSING AQUATIC FARMS: SHELLFISH AQUATIC PLANTS HYDRO POWER TIMBER OTHER PROJECT-LOCATION: Nearest Coastal District Zolf:;_i Project Inside the District Boundary Yes No District Plan Approved Yes t.,/ No REVIEW MILESTONES: Day 1 7A4t , Reviewer Request for Add'l Info Comments Due To DGC Notification To Applicant Decision Deadline REVIEW SCHEDULE: 15 DAY 30 DAY 50 DAYX. OTHER cj PROJECT PREVIOUSLY REVIEWED UNDER STATE I.D. NO. AK cifoII d ( -ozyi STATE APPROVALS (LIST AGENCY, APPROVAL TYPE, NUMBER NOTE TO REVIEWERS: Distribution of applications for appropriation of water constitutes DNR's agency notice AS- 46.15. S axate �1i otice -fmru DNR dis i Alrig Jaaaarr 1991. FEDERAL APPROVALS (LIST AGENCY, APPROVAL TYPE, NUMBER): c) t toy ; 9ro za EXTENSION GRANTED FOR: 1. Formal Information Request 2. Project In U.O.B. 3. DNR Disposal 4. Miscellaneous Applicant Request 5. Proposed Finding En Route Elevation to Directors, Elevated by 6. Public Hearing Held 7. Field Review 8. SMCRA 9. Unusually Complex Project Elevated to Commissioners, Elevated-by CLOCK STOPPED ON: REASON #: CLOCK RESTARTED ON: ACTION AT CLOSEOUT: CLOSE OUT DATE: DISTRICT COMMENTS RECEIVED: Yes No FOR CONCLUSIVE CONSISTENCY DETERMINATIONS: Consistent Consistent With Stipulations Number of Stipulations FOR OTHER REVIEWS: Comments Submitted Inconsistent Withdrawn DEC DFG DNR COE r. PROJECT OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION 7c-72_7(q- PROJECT INFORMATION SHEET 6rez.i 1 Walter J. Nickel, Governor SOUTHCENTRAL REGIONAL OFFICE 3601 'C' STREET SUITE 370 ANCHORAGE, ALASKA 99503-5930 PHONE: (907) 561-6131 STATE I.D. NUMBER: AK91 6607- 31,4 DGC CONTACT: Phone 561-6131 APPLICANT/PROPONENT: DIRECT FEDERAL ACTION: YES NO (--/ Fax 561-6134 Agent Phone iirb-5A-7 Fax REVIEW TYPE: CONSISTENCY T ANILCA. OCSLA NEPA OTHER ACTIVITY TYPE: ARMED FORCES COMMERCIAL LAND MANAGEMENT PLAN MINING: HARDROCK PLACER OFFSHORE OIL & GAS PUBLIC UTILI IIES/FACILMES PRIVATE RESIDENTIAL 1/ FILL PLACEMENT 1.7 FLOATING STRUCTURES PROJECT LOCATION: Nearest Coastal District REVIEW MILESTO Day 1 7 ///7 Reviewer Request for Add'l Info 1. 19 1 Comments Due To DGC 11c1 FISHERIES PRODUCTION: GENERAL HATCHERY REMOTE RELEASE ENHANCEMENT PROCESSING AQUATIC FARMS: SHELLFISH AQUATIC PLANTS HYDRO POWER TIMBER OTHER 4,4e4 475"-e&A-1 -Project Inside the District Boundary Yes No District Plan Approved Yes (./ No Notification To Applicant Decision Deadline REVIEW SCERWLE: 15 DAY 30 DAY 50 DAY OTHER Rusi 0-60 LcA■2-0\ PROJECT PREVIOUSLY REVIEWED UNDER STATE I.D. NO. AK %/fOf STATE APPROVALS (LIST AGENCY, APPROVAL TYPE, NUMBER): NOTE. TO REVIEWERS: Distribution of applications for appropriation of water constitutes DNR's agency notice under AS 46.15. Separate notice from DNR discontinued beginning January 1991. FEDERAL APPROVALS (LIST AGENCY, APPROVAL TYPE, NUMBER): t goy 9(o ? r EXTENSION GRANTED FOR 1. Formal Information Request 2. Project In U.O.B. 3. DNR Disposal 4. Miscellaneous Applicant Request 5. Proposed Finding En Route Elevation to Directors, Elevated by Elevated to Commissioners, Elevated-by 6. Public Hearing Held 7. Field Review 8. SMCRA 9. Unusually Complex Project CLOCK STOPPED ON: REASON #: CLOCK RESTARTED ON: ACTION AT CLOSEOUT: CLOSE OUT DATE: DISTRICT COMMENTS RECEIVED: Yes No FOR CONCLUSIVE CONSISTENCY DETERMINATIONS: Consistent Consistent With Stipulations Inconsistent Number of Stipulations FOR OTHER REVIEWS: Comments Submitted Withdrawn CE RE OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHEAST REGIONAL OFFICE . 4131 NORTH FRANKLIN BOX AW, SUITE 101 1±titSffitirE-0165 qlfegYFf REQUIRED Mr. Royal Large P. O. Box 2634 Kodiak, AK 99615 SOUTHCENTRAL REGIONAL OFFICE 3601 V" STREET SUITE 370 ANCHORAGE, ALASKA 99501-U13lb 7 PHONE: (907) 561-6131 WALTER J. NICKEL, GOVERNOR CENTRAL OFFICE RO. BOX AW JUNEAU, ALASKA 99811-0165 PHONE: (907) 465-3562 NORTHERN REGIONAL OFFICE 675 SEVENTH AVENUE STATION H 19 IIRBANKS, ALASKA 99701-4596 PHONE: (907) 451-2818 Dear Mr. Large: SUBJECT: CLOSEOUT OF REVIEW AND START OF NEW REVIEW SARGENT CREEK 1/SARGENT CREEK 2 STATE I.D. NO. AK901101-02A/AK910607-39A The Division of Governmental Coordination (DGC) is currently coordinating the state's review of the above project for consistency with the Alaska Coastal Management Program (ACMP). The review was extended on November 21, 1990 pending additional information necessary for the Departments of Environmental Conservation (DEC) and Fish and Game (DFG) to complete their analysis of the project. Some portions of that information have been provided, but the design of the project has changed to the extent that the U.S. Army Corps of Engineers (COE) has issued a new Public Notice on their permitting activity. These changes are substantial enough that DGC will be starting a new review based on the new COE Public Notice. As of today, therefore, I am closing out the review of Sargent Creek 1, and withdrawing the file. The DGC is starting the new review of Sargent Creek 2 with supporting information provided in the original review file. Included in that packet is your consistency certification submitted for our concurrence under Section 307(c)(3)(A) of the Federal Coastal Zone Management Act ap per 15 CFR 930, Subpart D. The enclosed project information sheet included a State I.D. Number AK910-607-39A. Please refer to this number in any future reference to the project. Appropriate materials have been distributed to participants in the Alaska Coastal Management Program for their review and comments. Reviewer milestones and the associated permits are also indicated on the enclosed sheet. By copy of this letter we are informing the COE that the State's review has begun. 01-A35LH 4 printed on recycled Dac:-?r h . Mr. Royal Large 2 June 7, 1991 Sargeant Creek Thank you for your cooperation in this review process. Sincerely, Alison L. Smith Project Review Coordinator • Enclosure cc: John Leeds, COE distribution alsl/close/sargeant.cof KODIAK ISLAND BOROUGH June 7, 1991 DISTRIBUTION LIST Ms. Judith Bittner, Department of Natural Resources, Division of Parks, Anchorage Mr. Tom Brooks, Manager, Civil Engineerng Alaska Railroad Corporation, Anchorage Ms. Veronica Gilbert, Department of Natural Resources, Anchorage Mr. Pete Panarese, Department of Natural Resources, Anchorage Ms. Carol Sanner, Department.of Transportation and Public Facilities, Anchorage Ms. Elaine Pistoresi, Department of Environmental Conservation, Anchorage Mr. Lance Trasky, Department of Fish and Game, Anchorage Ms. Linda Freed, Kodiak Island Borough Mr. Uwe L. Gross, Koniag Inc., Anchorage Mr. Gordon Puller, Kodiak Arena Native Association, Kodiak The Honorable Jerome Selby, Mayor of Kodiak 1 see • US Anny Corps of Engkisers Alaska District Regulatory Branch (1145b) Post Office Box(898 Anchorage, Alaska 99506-0898 REV I SION Public Notice of Application OFFICE OF forPermit MANAGEMENT & BUDGET JUN 6 1991 PUBLIC NOTICE DATE: 5 June 1991 GOVERNMENTAL. COORDINATION EXPIRATION DATE: 5 July 1991 REFERENCE NUMBER: 4-910208 WATERWAY NUMBER: Sargent Creek 2 Interested parties are hereby notified that a revised application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plans (12 pages). The original public notice was issued October 26, 1990, with the file number M-870605, Sargent Creek 1. APPLICANT: Royal Large, Box 2634, Kodiak, Alaska 99615. LOCATION: Navy Tract 2, section 31, T. 28 S., R. 20 W., Seward Meridian; justOff of Sargent Creek Road, Kodiak, Alaska. WORK: The applicant is proposing to place up to approximately 16,700 cubic yard (cy) of dredged fill material into waters of the United States, during the realignment of approximately 1,250 linear feet of Sargent Creek. GROINS: Each groin would be constructed of gravel fill dredged from the creek channel, and covered with topsoil and vegetation taken from the small island located midstream of the creek channel where the dredging action would occur. #1. 55'long x 20'wide x 5'high, 200 cy #2. 80'long x 45'wide x 5'high, 665 cy #3. 75'long x 30'wide x 5'high, 415 cy BERMS: Each berm would be constructed of gravel fill dredged from the creek channel , and covered with topsoil and vegetation taken from the small island located midstream of the creek channel where the dredging action would occur. #1. 40'long x 20'wide x 5'high, 150 cy #2. 30'long x 20'wide x 5'high, 110 cy #3. 100'long x 20'wide x 5'high, 370 cy LOG BARBS: Three barbs each consisting of a 20' to 35'long by 18" to 24" diameter log, with approximately 1/3 buried in the stream bank. SILLS: Each sill would consist of a pair of 35' to 45' long by 18" to 24" diameter logs buried halfway (lengthwise) in the bottom of the new channel, and cabled in place to earthen deadmen. GRAVEL FILL: Approximately 285 cy of gravel fill would be placed into an area measuring approximately 160'long x 24'wide and up to 2'deep, and would be located up to 12' up the side of the steam bank. CONCRETE: Clean concrete equilateral triangles affixed to steel beams on one edge, 6'high x 9" thick, with metal beams 12' long: placed as anchoring, weights in the bottom of the proposed groins and covered by logs and gravel fill. RIPRAP: Approximately 36 cy of upland originating riprap-would be used: 10 cy each in groins 1 and 2; 8 cy in groin 3; and 4 cy each in barbs 1 and 2. The riprap would be placed at both ends of the groins and the log barbs. ADDITIONAL FILL: Topsoil, sediment fines and vegetation from the vegetated island (proposed for removal) •would be used to revegetate groins 1 and 2, all berms, and the gravel fill along the stream bank. PURPOSE: The purpose of the proposed work would be to move the creek .bed inta-its former channel, and stabilize the creek bank along the edge of his property. ADDITIONAL INFORMATION: A vegetated island, located in the middle of the Sargent Creel' charmer-would be removed. The dredged material would be used as additional fill described above. For additional information, please contact Mr. Large at the above address, or call Mr. Large at (907) 486-5057. WATER QUALITY CERTIFICATION: A permit for the described work will not be issued untfT a certiTiCation or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal Zone Management Act of Tg72, as amenaia—By 16 U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budget, Division of Governmental Coordination has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment , petT5a spiETTTid in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. CULTURAL RESOURCES: The latest published version of the National Register of Historic—fraces has been consulted for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National -2 - \1 Register constitutes. the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation Officer. Any comments they may have concerning presently, unknown archaeological, scientific, prehistorical, or historical data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENDANGERED SPECIES: No threatened or endangered species are known to use the project area. Preliminarily, the described activity will not affect endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use tie project area: Steelhead Trout, Sockeye Salmon, Chinook Salmon, Coho Salmon, Sea Otter, Black Brant, Canada Goose, Aleutian Canada Goose, Bald " Eagle, and Tundra Swan. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include conformance with a appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long -term impacts on the flood plain. SPECIAL AREA DESIGNATION: None. EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land 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, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a "permit will be granted unless the District Engineer determines that it would be contrary to the public interest. -3- The Corps of Engine.ers,is soliciting comment$ from,the public. Federal, state, And locaT agencies and offic a s; Inddian Tribes; and otther interested parties in order to consider and evaluate the impacts of this proposed activity., Any comments received will be considered by the Corps of EngineersAo determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation :of an Environmental Assessment and /or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. If further information is desired concerning this notice, contact Mr. John C. Leeds, III, at (907) 753-2712. AUTHORITY: This permit will be issued or denied under the following • authorities: Discharge dredged or fill material into waters of the United States -- Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230). A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments tfl- cA4P+1W-1,- zt-th.e. Th t4G cir-V th)04■4v 441°Rog SAReeNT- cfzEC4 TITLE BLOCK - -. NA.ME Dior 7"n4e1 [At /- WATERWAY : ctry.--Ar7 61=-• LOCATION : 7.7es ,Riektin.sm, cpc 3/ 12 CRO5- at 1 ss• o N I 4-111°2°g SARGcNT- cizzek a TITLE BLOCK NAME: ,74 WATERWAY: ca ex LOCATION : w7sm1 Cpc 3 / gtoa Qg SARGENT ei TITLE BLOCK pie 7,.4�� 9.195 F . rrr� G f•C' WATERWAY n� r IAN : 2_-_,213-, ' 5- of 12_ 4-11°iwg si4RGeNr cizEc TITLE BLOCK - - NAME: Pier 1:n4o1 ll.,/45 F/ t. WATERWAY: Ca r, LOCATION: 7 aec zo itt/17.570, Coe 3/ 0 SAR6EtT cJZ.Ck TITLE BLOCK P. NAmE WATERWAY : ca 21 .-,11 (Drill grttQ CUTC'/7- Tr4 D - 1 2_ frfcr ruu b>55 sureA skippcnT ro'.11 2_ 5461 ik-Pi Gitoi?e-cit )1(.4 rir rff • . ari ;n4 car_r&e_iste-4 5urrt 1-671,;1) Ne-jeTztevi 4-V0Rog SIIRGENT- GRECk TITLE BLOCK - NAME: pi 6'../95 C/4 /- WATERWAY : ci.r9!-'7 c LOCATION: 7.vs7Riewi7s-m, Cpc31 1N39?JbS 8o !old `fr Nat Crvre5 - cc LT 155,-Pr nh 15d Lf 12'P s — — ScAtEi 1 10' VEXTIcAL - lioR12014T41._ CRoScovE12, . CHANNEL SKGENT OSEEK RT -rzr BANK, —jo — 111 5 •—• LT Tor WI= 135 --- LT Tor BANk. 1951— Shand ly C arks - $e A cy Lr for' BANS 11 617) OF woe ET) ISL ID Se/14) • a • • —F. xC- 5 OV AJIJ CHANNEL 13EcM woov51) —1451 BLAND o >z :� H '3 •• HE H Kr ..• ..;, tl Tor 011Nr-, Iy — H5 CI '� n -- 140 b ti )13311-7 _Lcv _ 8oeo14-17 _ Rr T& )(ire_ 6 STIRGEM- CREEK 1-1141-n G, 110FILEs 39201S 30eo14 -ji 1110 — • 135 0,0090 wqo SCALE= S' vJT CAL Zoo' NoRIZoNTIL 1T of &SEp. ExcAVATE0 • 14tob EZT v f I 4-51°20g s4R6ENr REC/C TITLE BLOCK NAME: vier T- ,.ae7/ I95 [f4 f• WATERWAY : r9 �.�7 C.r erg LOCATION : i aes / 2 tr //nsm, Cpc 3 441° vg SARGENT CREEK a TITLE BLOCK NAME : Dior 1-74‘ele.,/is "At. WATERWAY : e- A ev,c___ LOCATION: 7.7es 7R /a lein cpc 0 \ ID ■-.) SMITE OF adaSaQ OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION STATE OF ALASKA WALTER J. NICKEL, GOVERNOR CENTRAL OFFICE P.O. BOX A w JUNEAU. ALASKA 99811 -0165 PHONE: (907) 465 -3562 DIVISION OF GOVERNMENTAL COORDINATION Notice of Application for Certification of Consistency with the Alaska Coastal Management Program Notice is hereby given that a request is being filed with the Division of Governmental Coordination for concurrence, as provid- ed in Section 307 (c) (3) of. the Coastal Zone Management Act of 1972, as amended [P.L. 94 -370; 90 Stat. 1013; 16 O.S.C. 1456 (c)(3)], that the project described in the Corps of Engineers Public Notice No. 4- 910208 , will comply with the Alaska Coastal Management Program and that the project will be conducted in a manner consistent with that program. Any person desiring to present views pertaining to the project's compliance or consistency with the Alaska Coastal Management Program may do so by providing his views in writing to the Division of Governmental Coordination, Office of Management and Budget, Pouch AW, Juneau, AK 99811, within 30 days of publication of this notice. Attachment 2 li �I i Ntj 11 i DEFT. OF ENVIRONMENTAL CONSERVATION NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION WALTER I. NICKEL, GOVERNOR Telephone: (9071 465 -2600 Address: P.O. Box 0 Juneau, AK 99811 -1800 Any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the navigable waters must first apply for and obtain certification from the Alaska Department of Environmental Conser- vation that any such discharge will comply with the Clean Water Act of 1977 (PL 95 -217), the Alaska Water Quality Standards and other applicable State laws. By Agreement between the U.S. Army Corps of Engineers and the Alaska Department of Environmental Conservation application for a Department of the Army Permit may also serve as application for State Water Quality Certifica- tion when such certification is necessary. Notice is hereby given that the application for a Department of the Army Per- mit described in the Corps of Engineers Public Notice No. 4- 910208 also serves as application for State Water Quality Certification from the Alaska Department of Environmental Conservation, as provided in Section 401 of the Clean Water Act of 1977 (PL 95 -217). The Department will review the proposed activity to insure that any discharge to waters of the United States resulting from the referenced project will comply with the Clean Water Act of 1977 (PL 95 -217) the Alaska Water Quality Standards and other applicable State laws. Any person desiring to comment on the water quality impacts of the proposed project may do so by writing to: Alaska Department of Environmental Conservation 3601 C Street, Suite 1350 Anchorage, Alaska 99503 Telephone: 563 -6529 within 30 days of publication of this notice. Attachment 3 Department �f the Army Alaska District, Corps of Engineers Attn: CENPA-CO-R (C) P.O. Box 898 Anchorage, Alaska 99506-0898 ALASKA DIV OF GOVERNMENTAL COORD 3601 C STREET SUITE 370 ANCHORAGE AK 99503-5309 FIRST CLASS MAIL U.S. POSTAGE PAID ANCHORAGE, ALASKA PERMIT No. 804 Coastal Project Questionnaire and Certification Statement nFl('„i/OF ►►TANAGEMENT & BUDGET Please answer all questions. Include maps or plan drawings with your packet. An incomplete questionnaire may be returned and will delay the review of your packet. U C 2 4_ 1990 APPLICANT INFORMATION 1. Royal Large Name of Applicant Box 2634 Address Kodiak, AID 99615 City 486 -5057 Daytime Phone PROJECT INFORMATION State 2. , Kodiak Tsland Rnrnugh Contact Person 710 Mill Bay Road Address Kodiak, AK 9UR15 Zip Code City State. (907) 486 -5736 Daytime Phone GOVERNMENTAL COORDINA 110N Zip Code 1. Provide a brief description of your project and ALL associated facilities (caretaker facilities, etc.): Move creek to old channel plain and shore tip hanks nnntignue to privates prnI►Prty nnii public road. Starting Date for project Immediately_ Ending Date for Project , On going PROJECT LOCATION 1. Please give location of project. (Include nearest community or identifiable body of land or water.) Sargent Creek, Kodiak Island Township _ma._ Range _V) Meridian S. . Section 3. 1 Aliquot PW �_ USGS Map_.._ 2. Is the project on: (please mark with ✓) State Land Federal Land XX Private Land XX Municipal Land XX 3. Project is Located in which region of the state (see attached map): Northern -. Southceattal - Southeast - CURRENT APPROVALS 1. Do you currently have any State or federal approvals for this project? If yes, please list below. Xrej (Note: approval means permit or any other form of authorization.) List state review ID#, if any. Approval Type Approval # Expiration Date State Fish habitat permit Oct. 15, 1990 F690 -11 -0449 FEDERAL APPROVALS 1. Will you be placing structures or fills in any of the following: tidal waters, streams, lakes, or wetlands *? * If you are uncertain whether your proposed project area is in a wetland, contact the US. Corps of Engineers. Regulatory Branch at (907)753-2720 for a wetlands determination. If you are outside the Anchorage area, call toll free 1- 800-478 -2712. Yes No If yes, have you applied for or do you intend to apply for a U.S. Army Corps of Engineers (COE) permit? Please indicate at right and give date of submittal . 't`^rIa 'Y' Yes No 2. Have you applied for or do you intend to apply for a U.S. Environmental Protection Agency Yes No National Pollution Discharge Elimination System (NPDES) permit? Please indicate at right and ❑ give date of submittal - . (Note: For information regarding the need for a NPDES permit, contact EPA at 271 - 5083.) 3. Have you applied for or do you intend to apply for permits from any other federal agency? If yes, please list below. Agency Approval Type Army Corps 404 DEPARTMENT OF NATURAL RESOURCES APPROVALS Date submitted (r intend to submit) 1. Is the proposed project on state -owned land or will you need to cross state lands for access? o Gj Note: In addition to state owned uplands, the state hat jurisdiction over matt land below the ordinary high water line of streams, rivers, lakes, and mean hightide line seaward for three mils:. 2. Is any portion of your project placed below the ordinary high water line of a stream, river, lake, or mean high water line of a saltwater body? 3. Will you be dredging? If yes, location of dredging is: Township — Range_ Meridian _ Section • Location of disposal site for dredged materials (describe): Township — Range... Meridian■ Section _..— 4. Will you be filling with rock, sand or gravel? If yes, amount? • Location of source: Township — Range Meridian Section �mi■ • Location of fill site: Township - Range —A.. Meridian _ Section 5. Do you plan to use any of the following state -owned resources? Timber • Will you be harvesting timber from 10 or more acres? If yes, amount? • Location of source:Township —_ Range — Meridian_ Se%tiod Other Materials • If yes, what material? ( peat, building stone, silt, ovaebusdea; etc.) • Location of source:Township _ Range Meridian..:.. Section 6. Are you planning to use any fresh water? • If yes, amount (gallons per day)? • Source ?, 7. Will you be building or altering a dam? 8. Do you plan to drill a geothermal well? 9. Will you be exploring for or extracting coal? 10. Will you be exploring for or extracting minerals on state -owned land? 11. Will you be exploring for or extracting oil and gas on state -owned land? El El Yes No ® ❑ Yes No. Ell ❑ El IZI Eill 12. Will you be investigating or removing historical or archaeological resources on state -owned land? 13. Will the project be located in a unit of the Alaska State Park System ? Yes No ED If you answered NO to all questions in this section, you do not need an approval from the Alaska Department of Natural Resources (DNR). Continue to the next section. If you answered YES to ANY questions in this section, contact DNR to identify and obtain necessary application forms. Based on your discussion with DNR, please list (below) the approval type needed and date submitted. Approval Typo Date Submitted (or intend to submit) Have you paid the filing fees required for the DNR permits? If you are not applying for DNR permits, indicate reason below: - a. , (DNR contact) told me on (date) that no DNR approvals or permits were required on this project. - b. Other. DEPARTMENT OF FISH AND GAME APPROVALS Yes 1. Will you be working in a stream, river, or lake? (This includes work in running water or on ice, within the active floodplain, on islands, the face of the banks, or the stream tidelands down to mean low tide.) Name of stream or river: , Sargent Creek Will you be doing any of the following: a) Building a dam, river training structure or instream impoundment? Name of lake: Yes b) Using the water? c) Diverting or altering the natural channel stream? d) Blocking or damming the stream, (temporarily or permanently)? e) Changing the water flow or the water channel? t) Pumping water out of the stream or lake? g) Introducing silt, gravel, rock, petroleum products, debris, chemicals or wastes of any type into the water? h) Using the stream as a road (even when frozen), or crossing the stream with tracked or wheeled vehicles, log - dragging or excavation equipment (backhoes, bulldozers, etc.)? i) Altering or stabilizing the banks? j) Mining or digging in the beds or banks? k) Using explosives? 1) Building a bridge (including an ice bridge)? m) Installing a culvert or other drainage structure? Yes No 0 E ® ❑ ® ❑ El ® ❑ ® ❑ CE 0 El CE n) Constructing a weir? o) Other in- stream structure not mentioned above? 2. Is your project located in a designated State Game Refuge, Critical Habitat Area, or State Game Sanctuary? 3. Does your project include the construction and operation of a salmon hatchery? 4. Does your project affect or is it related to a previously permitted salmon hatchery? 5. Does your project include the construction of a shellfish or sea vegetable farm? If you answered NO to all questions in this section, you do not need an approval from the Alaska Department of Fish and Game (DFG). Continue to the next section. If you answered YES to any of the questions under 1 or 2, contact the Regional DFG Habitat Division Office for information and application forms. If you answered YES to questions 3, 4 or 5, contact the DFG Private Nonprofit Hatchery Office at the F.R.E.D. division headquarters for information and application forms. Based on your discussion with DFG, please list (below) the approval type needed and date submitted. Approval TYPe Date submitted (or intend to submit) Yes No El co E3 113 Yes No '; 8. Will your project generate air emissions from the following: a) Diesel generators totaling more than 10,000 hp? b) Other fossil fuel -fired electric generator, furnace, or boiler totaling greater than 10,000 hp, or 9,000 kWh, or 100,000,000 btu/hr? c) Asphalt plant? d) Incinerator burning more than 1000 lbs. per hour? e) Industrial process? 9. Will you be altering a public water system? 10. -Will your project require offshore drilling or vessel transport of oil, or other petroleum products as cargo, or include onshore facilities with an effective storage capacity of greater than 10,000 barrels of such products? - 11. Will you be subdividing lands into two or more lots (parcels)? If you answered NO to all questions in this section, you do not need a permit or approval from the-Alaska Department of Environmental Conservation (DEC). Please continue to the next section. If you answered YES to any of these questions (see #6 Note), contact the DEC Regional Office for information and application forms. Yes No al El (II El III Cl ❑® CI al Based on your discussion with DEC, please list ( below) the approval type needed and date submitted. Approval'lype Date Submitted (or Wend to submit) If you are not applying for permits, indicate reason below: — a. . (DEC contact) told me on (date) that no DEC approvals or permits were required on this project. b. Other. OD Certification Statement The information contained herein is true and complete to the best of my knowledge. I certify that theproposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management Program. Signature of Appl'cant or Agent 1 /O c t--- � f7 Date Nola: This certification statement is a requirement for federal permit applicanrs. Federal agencies conducting an ac dviry that will directly affect the coastal Kee are required to submit a federal consistency determination per 13 CFR 930, Subpart C. To complete your packet, please attach your state permit applications and copies of your federal permit applications to this questionnaire. • Revised 3189 DISTRIBUTION LIST November 1, 1990 .[613] Ms. Judith Bittner, Department of Natural Resources Division of Parks, Anchorage [1350] Mr. Tom Brooks, Manager, Civil Engineering Alaska Railroad Corporation, Anchorage [867] Ms. Linda Freed, Kodiak [1220] Ms. Veronica Gilbert, Department of Natural Resources, Anchorage [268,] Mr. Uwe L. Gross, Anchorge [1072] Mr. Neil Johannsen, Department of Natural Resources Division of Parks, Anchorage [303] Mr. Michael O'Brien, Department of Transportation and Public Facilities, Anchorage [287] Mr. Gordon Puller, Kodiak Area Native Association, Kodiak [3] Mr. Tim Rumfelt, Department of Environmental Conservation, Anchorage [859] The Honorable Jerome M. Selby, Kodiak [371] Mr. Lance Trasky, Department of Fish and Game, Anchorage • US Arrny Coma of Engineers Alaska District Regulatory Branch (1145b) Post Office Box 898 Anchorage, Alaska 99506-0898 Public. Not ce of Appli bon r Perrnit PUBLIC NOTICE DATE: 5 JUne 1991 EXPIRATION DATE: 5 July 1991 REFERENCE NUMBER: 4-910208 WATERWAY NUMBER: Sargent Creek 2 REVISION Interested parties are hereby notified that a revised application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plans (12 pages). The original public notice was issued October 26, 1990, with the file number M-870605, Sargent Creek 1. APPLICANT: Royal Large, Box 2634, Kodiak, Alaska 99615._ LOCATION: Navy Tract 2, section 31, T. 28 S., R. 20 W., Seward Meridian; 3US-T-b-ff of Sargent Creek Road, Kodiak, Alaska. WORK: The applicant is proposing to place up to approximately 16,700 cubic yards (cy) of dredged fill material into waters of the United States, during the realignment of approximately 1,250 linear feet of Sargent Creek. GROINS: Each groin would be constructed of gravel fill dredged from the creek channel, and covered with topsoil and vegetation taken from the small island located midstream of the creek channel where the dredging action would occur. #1. 55'long x 20'wide x 5'high, 200 cy #2. 80'long x 45'wide x 5'high, 665 cy' #3. 75'long x 30'wide x 5'high, 415 cy BERMS: Each berm would be constructed of gravel fill dredged from the creek channel , and covered with topsoil and vegetation taken from the small island located midstream of the creek channel where the dredging action would occur. #1. 40'long x 20'wide x 5'high, 150 cy #2. 30'long x 20'wide x 5'high, 110 cy #3. 100'long x 20'wide x 5'high, 370 cy. LOG BARBS: Three barbs, each consisting of a 20' to 35'long by 18" to 24" diameter log, with approximately 1/3 buried in the stream bank. SILLS: Each sill would consist of a pair of 35' to 45' long by 18" to 24" diameter logs buried halfway (lengthwise) in the bottom of the new channel, and cabled in place to earthen deadmen. GRAVEL FILL: Approximately 285 ty of gravel fill would be placed into an area measuring approximately 160'1onQ x 24'wide and up to 2'deep, and would be located up to 12' up the side of the steam bank. CONCRETE: Clean concrete equilateral triangles affixed to steel beams on one edge, 6'high x 9" thick, with metal beams 12/ long: placed as anchoring weights in the bottom of the proposed groins and covered by logs and gravel fill. RIPRAP: Approximately 36 cy of upland originating riprap would be Used: 10 cy each in groins 1 and 2; 8 cy in groin 3;'aDd 4 cy each in ' barbs 1 and 2. The riprap would be placed at both ends of the groins and the log barbs. ADDITIONAL FILL: Topsoil, sediment fines and vegetation from the vegetated island (proposed for removal) would be used to revegetate groins 1 and 2, all berms, and the gravel fill along the stream bank, PURPOSE: The purpose of the proposed work would be tO4mwe the creek bed fntm ftS former chdnnel, and stabilize the creek bank along the edge of his ADDITIONAL INFORMATION: A vegetated island, located in the middle of the Sargent CreeF EhdnMe-T-would be removed. The dredged material would be used as additional fill described above. For additional information, please contact Mr. Large at the above address, or call Mr. Large at (907) 486-5057. WATER QUALITY CERTIFICATI0Nz A permit for the described work will not be isSuea unfir mertif'-at- - -or waiver of certification as required under Section 400 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal Zone Management Act OfTg72v as amended—BY 16 U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budget, Division of Governmental Coordination has concurred with the applicant's certification; PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.' Requests for public hearings shall state, with ,particularity, the reasons for holding a public hearing. CULTURAL RESOURCES: The latest published version of the National Register of HistoriCPlaces has been consulted for the presence or absence of registered prnperties, or properties listed as bein g eligible for inclusion therein, and this worksite is not registered property Or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation Officer. Any comments they may have concerning presently, unknown archaeological, scientific, prehistorical, or historical data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENDANGERED SPECIES: No threatened or endangered species are known to use the project area. Preliminarily, the described activity will not affect endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use the project area: Steelhead, Trout, Sockeye Salmon, Chinook Salmon, Coho Salmon, Sea Otter, Black Brant, Canada Goose, Aleutian Canada Goose, Bald Eagle, and Tundra Swan. , FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include conformance with appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. SPECIAL AREA DESIGNATION: None. EVALUATION: The decision whether to issue a permit will be based on an evi1iThtfi of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant inheach particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal , and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing Process. That decision should reflect the national concern for both protection,and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land 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, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. -3- The Corps of Enqineers.is soliciting commen s from the public - Federal, state, and loca agencies and officials; Inclian, Tribes; and oilier interested parties in order to consider and evaluate the impacts of this proposed' activity. Any comments received will be considere& by the Corps of Engineers to determine whether to •issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors 1 isted above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public interest of the proposed activity. Comments'on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice' to become part of the record and be considered in the decision. If further information is desired concerning this notice, contact Mr. John C. Leeds, III, at (907) 753-2712. AUTHORITY: This permit will be issued or denied under the fol 1 owing iiitTioi-Tais: Discharge dredged or fill material into waters of the United States--Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230). A plan, Notice of Appl ication for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments -4- t • VAkt-x. R t4p04.v. lostiAG • cikvete ?I`90°,g SARGGNT- cizzl TITLE BLOCK NAME: Dior 1"n4e P/S1.5 it, /- WATERWAY: ct ry, LOCATION: 7-pgsR2avirisrni Coe- 3/ a 311V ra .. pIoaog sARGGNT- cJEcic a TITLE BLOCK NAME aF TM4di �a /95 WATERWAY : cet r� •ter C,�cr LOCATION: Taes7R70v/ash', S--P,31 4; 441000g s4RecNr cizEck TITLE BLOCK NAME: pier ec/k WATERWAY : LOCATION : cec / s t2. 4_g,oaog SARGENT citEck TITLE BLOCK NAME : A 1 O F 74r4e a aiI9J 'f ii WATERWAY : LOCATION: T . sm _ 1 4 - ?I ° ao' ,SARGENT QC-AEC IC TITLE BI,OCK - NAME: Dior 1.4,1 9.2H - '/4 f. WATERWAY: Sa r92-•'7 LOCATION : ;pits ,R 14 Lrinsm r oo4- 3 "1 rfa J Y2. 1G Sec len View 7 OF c 2 ii- VoRag SAR.ec'NTr dzEek TITLE BLOCK -• NAME : p f T,.4a 1 g.Jis 1(41- WATERWAY LOCATION: 71? 1okw S'c3I n z • H H r 0 r 0 vv A m Ex►sfi�� G*- c.01(7115 LT 155I-Pr AN Lr �I� P M NK 15-o' — — 14o'— �A�E1 1." : lo' VERTICAL" 1.. m So' IbRIwNT/ • CROSS oVcA C HONE L RT TP BANK --15° —145 —• I4o Ec(Ictii4 Crops -SecteinS Tor MNk. T' .BANK i L {o' --- 135 --- Lr lo[ 43Ar1Ycs lt! \C _ 0 )(C -5 145s— GVERAr1J CIiA JEL 1�Joop5D t3R ---�. • �� �/ 1"" 0 0 Top 1 — RT T °P PK — shilnct — 140 Rr TcP &ANR, +; 156 S R6Drr CREEK TAWEG 110FlLES o bz H Z - 1 O > j� H Zoo H 0 h r Lki 1 �O tii r. o (6 A ' '��� 56 / °i% o, 00 90 — '- 135L S�11LE= " = S VERWAL in 100' NoRl2DNIIIL 4- oaog s4R601/4)r cock TITLE BLOCK -.� NAME : 01 o f T->.e 1 g4/95 T f t- WATERWAY : c r9!..z.7' C .<— LOCATION: TxPs/,' ?Dv ,1sm cvc3J ?iO oS Sa TITLE BLOCK NAME: DI or T- ,.aa /P/t5 [ /41' WATERWAY: LOCATION : 7 p es ,f,'n $ m , co, 3J In 1 SMTE OF U&SM OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL. COORDINATION STATE OF ALASKA WALTERJ. NICKEL, GOVERNOR CENTRAL OFFICE BOX AW JUNEAU. ALASKA 99811-0165 PHONE: (907) 465-3562 DIVISION'OF GOVERNMENTAL COORDINATION Notice of. Application,for Certification of Consistency with the Alaska Coastal Management Program Notice is hereby given that a request is being filed with the Division of Governmental Coordination for concurrence, as prbvid- ed in Section 307 (c) (3) of the Coastal Zone Management Act of 1972, as amended (P.L. 94-370; 90 Stat. 1013; 16 U.S.C. 1456 (c)(3)1, that the project described in the Corps of Engineers Public Notice No. 4-910208 , will comply with the Alaska Coastal Management Program and that the project will be conducted in a manner consistent with that program. Any person desiring to present views pertaining to the project's compliance or consistency with the Alaska Coastal Management Program may do so by providing his views in writing to the Division of Governmental Coordination, Office of Management and Budget, Pouch AW, Juneau, AR 99811, within 30 days of publication of this notice. Attachment (;-\- H , J1,1 Li 1— t;! 14-,7 A's-, I i 1.1 DEPT. OF ENVIRONMENTAL CONSERVATION NOTICE OF APPLICATION • • . FOR STATE WATER QUALITY CERTIFICATION WALTER j. NICKEL, GOVERNOR Telephone: (907) , Address: P.0. Box 0 Juneau, AK 99811-1800 Any applicant for a Federal license or permit to conduct any Activity which may result in any discharge into the navigable waters.must'first apply for and obtain certification from the Alaska Department of. Environmental Conser- vation that any such discharge will comply with the Clean Water Act'Of 1977 (PL 95-217), the Alaska Water Quality Standards and other applicable State. laws.. By Agreement between theALS. Army Corps Of,:Engineers and. the Alaska Department of Environmental .ConservatiOn' application for a Department of the Army Permit may also serve as application for State Water Quality Certifica- tion when such certification is necessary. . • Notice is hereby given that the application for a Department of the Army Per- mit described in the Corps of Engineers Public Notice No. 4-910208 Also ,serves as application for State- Water Quality Certification-, from the Alaska Department of Environmental Conservation, as provided inSection 401 of the Clean Water Act of 1977 (PL 95-217).. • . The Department will review,the-proposed,activity to insure that.any discharge to waters of the ,United States.resulting,from the referenced project will comply with the.Clean Water Act of 1977 (PL 95-217) the Alaska Water Quality Standards and other applicable State laws. Any person. desiring'to comment on the water quality impacts*Of the proposed project may,do'so by writing to:, Alaska Department of Environmental Conservation 3601 C Street, Suite 1350 Anchorage,Alaska .99503- • Telephone: 563-6529 within 30 days, of publication of this notice. Attachment 3 Department 6f the Army Alaska District, Corps of Engineers Attn: CENPA-CO-R (C) P.O. Box 898 Anchorage, Alaska 99506-0898 KCOIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK ALASKA 99615 FIRST CLASS MAIL U.S. POSTAGE PAID ANCHORAGE, ALASKA PERMIT No. 804 IN mox xmx n, WAES/N029 TAKE United States Department of the Interior IN MI MI FISH AND WILDLIFE SERVJCE Ecological Services Anchoragc 605 West 4th Avenue, Room 62 Anchorage, Alaska 99501 Colonel William N. Kakel District Engineer Alaska District, Corps of Engineers Post Office Box 808 Anchorage, Alaska 99500-0898 Re: 4-010208 Sargent Creek' 2 Dear Colonel Kakel: JUN 2 8 1991 We have reviewed Public Notice 4-910208, dated June 5, 1991' Mr, Royal Large ,has requested a Department of the Army permit to place up to 18,700 cubic yards of dredged fill material into Sargent Creek to realign approximately 1250 linear feet of the creek. The proposed project is located at Navy Tract 2, Section 31, T. 28 S., R. 20 W., Seward Meridian, just off of Sargent Creek Road, Kodiak, Alaska. These comments are submitted in accordance with provisions of the Fish and 'Wildlife Coordination Act (48 Stat. 401, as amended: 16 U.S.C. 661 et seq.) and constitute the report of the Department of the Interior. These comments also are for use in your determination of 404(b)(1) guidelines compliance (40 CFR 230), and in your public interest review (33 CFR 320'4) relating to protection of fish and wildlife resources. On August 8, 1990, the project site was inspected by Fish and Wildlife Service, Environmental Protection Agency, and Alaska Department of Fish and Game biologists. Sargent Creek is an anadromous stream, supporting coho, pink, and chum salmon, and Dolly Varden (Alaska Department of Fish and Game 1087)1/. Pink and chum salmon are known to spawn downstream from the proposed project site, where eggs are deposited in the gravel generally after July 15 (Wayne Dolezal, personal cummunicetion).1/ Coho salmon spawn generally upstream from the project site, usually after August 1 (Wayne Dolezal, personal communication). Coho salmon probably rear both upstream and downstream of the project site. Based on our Mitigation Policy (FR Vol' 40, No. 15, January 23, 1981) we have selected pink and coho salmon as our evaluation species. Because of the medium to high value of pink salmon habitat, our mitigation goal is to ensure no net loss of habitat value while minimizing loss of in-kind pink salmon habitat value. Because of the high value and national scarcity of coho salmon habitat, 2 our mitigation goal is to ensure no net loss of in -kind coho salmon habitat value. The areas of pink and coho salmon habitat potentially affected by the project include the reach of Sargent Creek proposed to be displaced by the fill, and all areas downstream from the site that may be affected by sedimentation resulting from the proposed work. Potential impacts from this project are dependent on several factors. If the proposed work is conducted during spring, and if the work to block the existing drainage is conducted before the new (diversion) channel is created and opened, then out - migrating juvenile coho and pink salmon could become trapped in shallow or pooled water as flow patterns change as the existing channel is blocked. If work is conducted during late summer and fall, coho salmon returning to spawn could be affected similarly. Also, sediment generated from the project after July 15th could smother eggs and larvae present in the reach of the stream below the project, most of which would be pink and chum salmon. Blockage of juvenile out - migration and adult in- migration due to project impacts could be minimized by creating the new channel and opening it to flows prior to putting in groins, berms and log barbs between the wooded island and Tracts D -1 and D -2. Also, an increase in sedimentation that could affect juvenile salmon, and especially eggs, downstream from the project site could be minimized by not conducting any work in flowing waters of Sargent Creek between July 15 and May 15. Work could still be conducted in dry areas of the creek bed outside of this timing window, however. At the completion of these measures, unmitigated resource losses should consist of limited entrapment of adult and juvenile salmon, and limited losses of pink and coho salmon eggs. These losses could be reduced or eliminated by collecting any live fish entrapped in pools and immediately transporting them to flowing waters. We recommend modification of the permit by inclusion of the following special conditions: 1. That no in- stream work shall be conducted in flowing waters of Sargent Creek between July 15 and May 15. 2. That the new (i.e., diversion) channel shall be created and opened to flow before any groins, berms, or log barbs are placed between the existing wooded island and Tracts D -1 and D -2. 3. That fish that become entrapped in the dewatered (old) channel shall be immediately captured and returned to the active channel without further harm. We are willing to meet with you and the applicant to explore practical alternatives where mitigation of fish, wildlife and their habitat can be achieved. If you intend to modify or eliminate any of our requested conditions, please advise us before permit issuance in accordance with the Memorandum of Agreement of 1985 between our Departments. Our project biologist is Michael North and he may be reached at 271-2789. Sincerely, David MoGillivory Field Supervisor cc: NMFS, EPA, ADFG, DGC, ADEC - Anchorage :USCG, Kodiak Island -Borough - Kodiak Mr. Royal Large 1/ 2/ Alaska Department of Fish and Game. 1987. An atlas to the catalog of waters important for spawning, rearing or migration of anadromous fishes. Southwestern region. Wayne Dolezal, Alaska Department of Fish and Game, Habitat Division. Personal communication, July 26, 1991. SARGENT CREEK BANK PROTECTION PROJECT HYDROLOGIC AND HYDRAULIC ANALYSIS Prepared for Royal Large 12 April, 1991 Prepared by AquaLife Engineering and Mark Buckley, J.V. TABLE OF CONTENTS Page 1...Design Description Pages 1- 7...Response to ADF &G Habitat Division Questions (Dolezal Letter, 16 November, 1990) Figure 1...Schematic Site Plan, Completed Project Figure2...Concept Sketch of Groin 2 and Cutoff Berm Figure 3...24" X 36" Existing Topographic Site Plan Figure 4...Sargent Creek Cross Sections 1 -3 Figure 5...Sargent Creek Cross Sections 4 -6 Figure 6...Sargent Creek Project Thalweg Profiles Figure 7...Proposed Channel Alignments, %Cs 1 -3 Figure 8...Proposed Channel Alignments, %Cs 4 -6 Figure 9...Flood Characteristics of Alaskan Streams, Logarithmically Plotted for Kodiak Stream Data C 1...Existing Creek Thalweg Elevations C 2...Dredged Channel Bottom Profile C 3 &4...Dredged Channel Cross Section Calculations C 5 &6...Q2 Calculations C 6 &7...Q Calculations C 8...Dredged Channel Cross Section Calculations C 9...Depths of Flow and Velocities at Q, and Q2 C 10...Design Capacity of Dredged Channel DESIGN DESCRIPTION The purpose of this project is to prevent further erosion along the. Sargent Creek cut bank adjacent to applicant Royal Large's property. A schematic site plan is shown in Figure 1. In brief, the proposed project consists of: a) Three groins, b) three cutoff berms, c) the filling in of a 150 foot long channel that cuts diagonally across the floodplain, d) a 150-foot long area of gravel fill to support the cut bank near Royal Large's property, e) a re-established main channel 1400 feet long. The right side channel (project west), site of the stream bank erosion adjacent to the Large property, will be plugged by Groin 2 and the three cutoff berms. Groin 1 will direct the stream into the re-established main channel, which will run along the left (project east) half of the flood plain, to a point past the Large property. Groin 3 will further block flow along the right (west) bank, downstream of the Large property. RESPONSE TO ADF&G HABITAT DIVISION QUESTIONS 1.(a) What alternative(s) exist for stabilizing or filling the west side stream channel other than pushing a vegetated island onto the site? (b) How will the slope of the reconstructed west side stream bank be stabilized to avoid erosion and prevent sedimentation of Sargent Creek waters? Applicant Royal Large has reconsidered his original plan for the stabilization of Sargent Creek's banks. The new plan proposes to block the west side stream channel with a timber groin (Groin 2) backfilled with a gravel plug. See Figure 2 for a concept sketch. The crest of this structure will be as high as the adjacent stream bank and overtopping will be avoided in all but the most extreme floods. The inboard end of the groin will be keyed into the stream bank and the outboard end of the groin will be keyed into the vegetated island. This will prevent most flow from getting around the end of this channel cutoff. The downstream side of Groin 2 will be vegetated using topsoil and slash from a small island removed from the main channel right of way. This vegetation will help prevent undermining of the groin in the rare event that the structure is overtopped. 1 (Th Three additional gravel berms will be constructed across the west sidechanhel at 150 foot intervals downstream of the timber groin. The crest of these dikes will be at least 1 foot higher than the top of the vegetated island. This will prevent any flow which overtops the island from attaining erosive velocities in the west stream channel. These gravel berms will be vegetated to the maximum extent possible. In the area where the cut bank is within 20 feet of the Tract D-1 property line (roughly 150 linear feet), a 1.58:1V slope will be constructed against the bank to prevent sloughing. This fill will also be vegetated, if possible. 2. What are the relocated stream channel design specifications that are proposed to provide for a stable stream channel and reliable surface water flows? Please provide information including engineering design plans and diagrams that will answer the following questions: a.(1) What is the slope, length and width of the relocated channel? (2) What is the proposed channel configuration? b.(1) What is the design slope of the stream banks for the relocated stream channel? (2) How will the slopes be armored or stabilized to prevent erosion? Channel Slope •= 0.0096 Length = 1400 ft. Width = 60 ft. at bottom (STA 0+00 to 4+75) = 50 ft. at bottom (STA 4+75 to 14+00) The new channel will be excavated to a depth that is two feet deeper than comparable existing thalweg stations on the east channel. The channel configuration is trapezoidal with 2H:1V side slopes. The slopes will not be armored or stabilized. Erosion will be expected at moderate flows. Periodic maintenance will probably be required to maintain the channel. Please refer to the sheets cited below for design details and calculations. Figure 3 is a 24x36" topographic area map at a scale of 1"=50'. Figures 4 and 5 are cross section views of the creek at XC-1 through XC-6. Figure 6 is a profile view of the existing creek thalweg. Figures 7 and 8 are cross sections at SC-1 through KC-6, with the location of the proposed excavated channel at the appropriate elevation and offset from centerline. Page C 1 tabulates the existing thalweg elevations. Pace C 2 tabulates the proposed excavated channel bottom elevations. 2 c. (1) Will instream structures be required to stabilize the relocated, stream channel? If so, please provide data on the types of structures that would be used, their location and/or frequency along the channel's course. As shown in Fig. 1, log sill drop structures will be placed in the stream bed every 300 ft. Each structure will consist of two logs keyed into both edges of the channel and secured with earth anchors and cables. The inboard ends of the logs will be angled 15-30 degrees upstream, and slightly downward at the center. This will direct high flows away from the banks and concentrate low flows in the center of the channel to facilitate upstream fish passage. The plunging action of the water over the sill will excavate a pool which may be used for resting by fish. A log barb will be located on the right bank of the excavated channel, upstream of the curve between KC-3 and XC-4. This will help turn the flow. An additional sill will be placed between KC-4 and KC-5 to help contain the flow inside the channel. d.(1) What is the mean annual flow rate for Sargent Creek? (2) What are the annual, 25 year and 50 year, flood event flow rates for Sargent Creek? (3) What are the design flows for the relocated channel? e. (1) WhAt ir the expected water velocity and water depth within the relocated stream channel at both design flood and mean annual flows? Pages C5 through C7 and Figure 9 detail the hydrological calculations. USGS Water Resources Investigation 78-129 (Flood Characteristics of Alaskan Streams) provided two methods of estimating flood flows. Field measurements of the elevation of stranded flood debris at XC-4 also allowed the calculation of a flood flow. The calculated and field estimates agreed reasonably. well. The design 2-year flood flow is 1980 cfs. Qn is estimated to be 3850 cfs. Q50 estimated to be 4310 cfs. The Entrix report (BMP for Placer Mining Reference Manual) also presented a method for flood flow estimation. This estimate was considerably lower than that provided by the other methods. The Entrix report was the only reference which provided an estimate for mean annual flow. This estimate was 77 cfs, and is taken to be approximately equal to the mean summer flow. Calculations for depth of flow and velocity were also carried out for 150 cfs to determine the sensitivity of these variables to variation in the estimate of mean annual flow. Pages C8 through C10 detail the hydraulic calculations for the excavated. channel. The depth of flow in the channel will exceed 0.6 feet at the mean annual flow. This is sufficient for fish passage. The velocity will be 2.85 ft /sec in straight reaches of the 50 foot wide channel at 150 cfs. The drop structures will provide resting pools every 300 feet, and will decrease the velocity in the channel (except at the drop). f.(1) How will the design channel perform in response to expected stream flows? (2) What is the . probable erosion scenario for the design channel? (3) What is the maximum permissible water velocity in the channel to prevent erosion? (4) What size material will be used to armor the bed of the relocated stream channel? g. (1) Will an overflow spillway be required to accommodate flood flows and prevent damage to the relocated stream channel? (2) If required, where will the overflow waters be directed? Page C10 shows that the unarmored excavated channel will be unstable at flows above 410 cfs. According to Entrix report Table 2, erosion is preventable if water velocities are kept below 4.3 ft /sec in this gravel /cobble substratum. This velocity will be exceeded when the depth of flow is greater than 1.79 feet, and flow is greater than 410 cfs. Armoring the excavated channel is economically infeasible, and some channel migration is anticipated. The excavated channel is expected to carry the Q2 flood with adequate freeboard from XC -1 to at least the turn downstream of XC -3. Channel migration downstream of XC -4 will most likely have little impact on Tract D -1 or D -2, and should not be a major concern if the channel receives periodic maintenance. The east edge of the excavated channel from XC -4 to XC -5 is lower than the Q2 depth of flow and will act as a high water spillway. Overflow waters will spread to the east bank of the floodplain. Re -entry of this flow into the excavated channel may cause erosion of the channel at or below XC -6. This will not cause significant flow to reach the right bank of the floodplain, however, and is therefore not a substantial problem. In the future, maintenance workers may relocate the excavated channel to avoid any problem with re- entrant overflow. 4 3. In what sequence do you propose to construct stream channel relocation activities? 4. (a) During stream channel relocation construction activities, what actions will be taken to minimize or avoid sedimentation of the reaches of Sargent Creek found downstream of the project site? (b) How will Sargent Creek waters be routed around or through the project site during construction activities? Figure 1 shows the completed project plan view at a scale of 1"=100'. Construction will be scheduled during a period of relatively low flows, if possible. Step 1 will be to excavate those portions of the excavated channel which are dry. During our March survey, the flood plain was entirely dry from near XC-4 to about 1200 feet beyond XC-6. Permission is sought from ADE&G to begin construction of the channel in dry portions of the flood plain before the June 15 fish window. Road access to the site will be via the existing road cut at the right bank at KC-6. Equipment will ford the creek at that point if there is surface flow. Ditch plugs will be left at the ends of channel sections near surface water. Step 2 will be to divert all of Sargent Creek into the west channel. A temporary gravel dike will be pushed up between XC-1 and XC-2, diverting the entire flow of the creek. This will result in dewatering the east channel. During Step 3, the re-establishment of east channel will be completed. The east channel will be deepened and widened for a length of 1400 feet. The sills and barb will be installed at this time. The existing left to right cross channel between KC-2 and XC-4 will be filled with gravel. Excess gravel excavated from the floodplain will be loaded into dump trucks and either hauled away or used for fill at other sites designated in this plan. Ditch plugs will be left in place in the upstream and downstream ends of the east channel until just before the creek is rediverted from the west side. This will minimize the potential for massive siltation during the construction process. Step 4 will be the removal of the diversion berm and ditch plug at the head of the east channel. This will result in the rediversion of the creek, which will now flow into that channel, and in the dewatering of the west stream channel. During Step 5, the final step, Groin 1 will be built upstream of XC-1 and the remaining groins, berms, and gravel fill will be placed in the dewatered west channel. Topsoil and vegetation will be placed on Groin 2 and the cutoff berms. The existing right to left cross channel at the head of the vegetated island will be shaped and deepened slightly, and two log barbs will be 5 constructed to protect the bank of this channel. This will complete the construction. The channel will terminate on a broad flood plain and over 900 feet will separate the end of the excavated channel from the highway bridge. This should provide sufficient distance for most suspended sediment to settle from the water column before reaching the fish spawning habitat near the bridge. Braided streams such as this typically transport tremendous quantities of sediment as bed load during flood events. The sediment produced during this construction project should have an insignificant impact on the productive downstream reaches of the creek. 5.(a) During what time period (i.e., specify dates) do you propose to accomplish the channel relocation construction and west side bank stabilization activities? (b) What is the total amount of time programmed for construction of the relocated stream channel and stabilization of the west side stream bank? After consulting with ADF &G Kodiak finfish biologist Dave Prokopowich, it appears that the spring of 1991 has been typical and that outmigration of salmon smolt from Sargent Creek will be completed by 15 June. Therefore, instream work will commence on or about that date. All instream work will be complete prior to 15 July, 1991. The instream portion of the project is expected to take no longer than three full weeks to complete. After the creek is diverted into the left channel and the right channel is dewatered, then work in that dry streambed will no longer be "in stream," and the contractor can proceed with berm construction, revegetation and bank stabilization at his own pace. 6. How will relocation of the stream channel affect stream bedload transport and deposit mechanics in the stream reaches immediately upstream and downstream of the project site? The excavated channel slope matches the existing slope of the flood plain, so little overall change is expected in bedload transport or stream profile. We inspected the walls of an 8 -foot deep scour hole at the left bank of KC -6. Clean granular material was found to the bottom of the hole. Approximately 1 foot of water remained puddled in the bottom of the hole for the duration of our work at the site (about 1 week). The pool contained approximately 20 fish: young silver salmon, Dolly Varden and sticklebacks. The stability of the water level in this pool suggests that it was the local groundwater level. For over 40 years a WW II- vintage bridge and bridge abutments were located at KC 2, causing a considerable amount of gravel to "drop out" of the run of stream above the bridge. The removal of the bridge and its abutments in the mid -80s caused the creek to 6 change course and erode the west bank. It can be expected that gravels that were deposited upstream of the abutments will continue to move downstream of XC-2 and into the newly re- established east channel. Periodic maintenance may be required to keep this channel from filling with these gravels. The excavated channel will terminate on a broad flood plain and over 900 feet will separate the end of the excavated channel and the highway bridge. Productive salmon spawning havitat extends several hundred upstream of the bridge, but the intervening undisturbed flood plain should allow any disturbances to the natural sediment deposition regime to reach equilibrium. It is likely that this project could actually increase available salmon spawning habitat in Sargent Creek, and future maintenance activities may be designed to create a spawning channel. 7 CalCeft , Groh 2- ar G'T ' 'err) 111 w4 - (1441%A Gr°N4 �A `�rEkD-L Gyti,h 2 71ew Taste! �' q� ( tt�r fQbrit. sccord4 -t; sup on �►,� cre* ba�Q citoLyerfic,14) 1 17'.."• sr V \ - crtek bee! Carr. er -e./ st¢a 5ff't • Se ion 'Mw if Ex 4vii cfnes- 5C1105. • LT Aide r Top MN; 1551 ;1-6? 13f\N 155— 1501— —15d Kr T1)-11"'t LT MN1e. 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S6.1 5c*A14c. celieTak WojecT 101 j Sti&t 2-- ► �7 T.0U-1 cke, 4`tv1 CP r741 ,,; Li! LnLA ' I DEPARTMENT OF FISII AND GAME / December 21, 1990 Mr. Royal Large P.O. Box 2634 Kodiak, Alaska 99615 Dear Mr. Large: Re: Sargent Creek 1 WALTER J. HICKEL, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE. ALASKA 99518-1599 PHONE: (907) 344-0541 -7_ The Alaska Department of Fish and Game is in receipt of your letters dated November 29, 1990 and December 12, 1990, which address questions raised by resource agencies during the review of your stream channelization proposal. Unfortunately, the information provided is not sufficient to allow for meaningful evaluation of the project. To assist you in developing answers to our original questions and to possibly suggest alternatives to your original project proposal, please find enclosed a two volume set of documents entitled Best Management Practices (BMPs) for Placer Mining. Although originally designed as a mining-related guidelines manual, some of the techniques found in this publication may be directly applied to the lower reaches of Sargent Creek. The Reference Manual provides suggested methods, including design criteria, that may be of interest to you as you consider stream location and channel stabiliztion activities. Although 1 suggest that you review the entire manual, pages 39-50 and 75-199 may be of particular interest to you. The Technical Report volume provides details of the best management practices and includes supporting information behind the BMPs. The report would provide clarification concerning why various BMPs have been developed. By copy of this letter, we are advising the Division of Governmental Coordination that additional information is still required and request that the coastal consistency determination comment period deadline remain extended pending receipt of the required information. ECF1VE DEC •G 4 MU COMMUNITY DEVELOPMEN1 4:Apfpd on recycled paper b y Sincerely, C. Wa3fne Dolezal Habitat Biologist Region II Habitat Division (907) 267 -2284 Enclosure cc: A. Smith, OMB /DGC D. Kohler, COE P. Probasco, ADF &G L. Freed, KIB T. Rumfelt, ADEC M. North, USFWS B. Smith, NMFS H. Dean, EPA STaTE OF AILISKII OIMPOCIIINFTEMIOWSOUNOU ONRICIO Oaf GOVERNMENTAL COORO/NATON PROJECT TITLE: San cawi GOVERNOR Division of Governmental Coordination 3601 'C' Street, Suite 370 Anchorage, AK 99503 PHONE :. 561 -6131 PROJECT INFORMATION SHEET STATE I.D. NUMBER /REVIEWING OFFICE: AK9IYAD\ r �J DGC CONTACT: /4//30)1 L - #1 \— APPLICANT CONDUCTING ACTIVITY: DIRECT FEDERAL ACTION: /YES REVIEW TYPE: CONSISTENCY V ANILCA ACTIVITY TYPE: ARMED FORCES ACTIVITIES COMMERCIAL /TYPE LAND MGMT. PLAN MINING: HARDROCR MINING PLACER MINING OFFSHORE MINING_ OIL AND GAS OTHER PUBLIC UTILITIES /FACILITIES PRIVATE RESIDENTIAL TIMBER PROJECT LOCATION: NEAREST COASTAL DISTRICT: OCSLA NEPAL OTHER FISHERIES PRODUCTION GENERAL X NI HATCHERY c REMOTE RELEASE FISHERIES FARMS: K C FINFISH_ d 0_, rn SHELLFISH En SEA VEGETABLES 64 c rc FISHERIES ENHANCEMENIP rn FISHERIES PROCESSING tri x Ke1,01 it/4,a INSIDE THE DISTRICT BOUNDARY: YES 1./-/NO DISTRICT PLAN APPROVED: YES iV NO PENDING__ REVIEW MILESTONES: DAY 1 NQ I/P/Vn- 1 / / q110 REVIEW SCHEDULE: 15 -Day 30 -Day 50 -Day OTHER 01431110 a REVIEWER REQUEST FOR ADDITIONAL INFORMATION BY: (V_ iriY)j' 2..2 COMMENTS DUE TO DGC BY: D e ( ember 5 ,, IQ() NOTIFICATION TO APPLICANT BY: DECISION DEADLINE: 1� \QQM) .ai > >QQ6 PROJECT PREVIOUSLY' REVIEWED UNDER STATE ID NO. / kAr U 0 0 STATE APPROVALS (LIST AGENCY/APPROVAL TYPE/I.D. NUMBER): 1//f FEDERAL APPROVALS- -(L—IST AGENCY/APPROVAL—TYPE .D. NUMBER) : E:TENSIONa GRANTED FOR: ORii1AL INFORMATION: REQUEST PUBLIC; HEARING HELD, PROJECT IN U.O.B'. -FIELD REVIEW DNR DISPOSAL SMCRA =MIS.CELLANEOUS APPLICANT, REQUEST UNUSUALLY COMPLEX PROJECT ELEVATION TO DIRECTORS: •YES 'NO ' IF YES, .BY: :`9 ELEVATION TO COMMISSIONERS :. YES NO IF YES, BY: CLOCK STOPPED ON WAS STOPPED FOR DAYS CLOCK RESTARTED ON ACTION AT CLOSEOUT: . CLOSE —OUT DATE: ACTUAL. NUMBER. OF DAYS IN..:REVIEW .DISTRICT COMMENTS — RECEIVED: YES NO FOR CONCLUSIVE CONSISTENCY DETERMINATIONS: CONSISTENT CONSISTENT WITH STIPULATIONS . INCONSISTENT WITHDRAWN FOR OTHER REVIEWS: COMMENTS SUBMITTED OTHER pis /prinfo a , 4 Public Notice s, -900 of Engineers of Application US Artny Corps 9 Alaska District 0 for Permit 6 ,9-, '-' IN Regulatory Branch (1145b) Post Office Box 898 q4P124, (9 Anchorage, Alaska 99506-0898 01( PUBLIC NOTICE DATE: 26 October 1990 EXPIRATION DATE: 26 November 1990 REFERENCE NUMBER: M-870605 WATEkWAY NUMBER:.. Sargent Creek 1 Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in,waters of the United States, as described below and shown on the attached plan. APPLICANT: Royal Large, Box 2634, Kodiak, Alaska 99615. LOCATION: Navy Tract 2, section 31, T. 28 S., R. 20 W., Seward Meridian; just off of Sargent Creek Road, Kodiak, Alaska. WORK: The applicant is proposing to place up to approximately 16,700 cubic yards of-dredged fill material into waters of the United States, - during the realignment of approximately 1,250 linear feet of Sargent Creek. The applicant proposes to move an island (located within the floodplain), using a bulldozer and/or a front-end loader, into the existing creek channel forcing the creek into its former channel. • PURPOSE: The purpose of the proposed work is to move the creek bed into its former channel, and stabilize the creek bank along the edge of his property. ADDITIONAL INFORMATION: For additional information-, please contact Mr. Large at the above address, or call Mr. Large at (907) 486-5057. WATER QUALITY CERTIFICATION: A permit for the described work will not be issued until a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), has been.received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal Zone Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A'permit-will not be issued until the Office of - Management and Budget, Division of Governmental Coordination has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider Lhis application. Requests for public hearings shall state, with particularity, the reasons for holding aimiblic hearing. CULTURAL RESOURCES:, The latest published version of the National Register of Historic Places has been consulted for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of.the presence of such resources. This application is being coordinated with the State Historic Preservation Officer. Any comments they may have concerning presently, unknown archaeological, stientific,,prehistorical, or historical data that may be lost or destroyed—by-work—under_the_reque$ted_permityill be considered in Our final assessment of the described work. ENDANGERED ,SPECIES: No threatened or endangered species are known to use the project area. Preliminarily, the described activity will not affect endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973(87 Stat.' 844). This application,As being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. FEDERAL SPECIES OF CONCERN: The following.Federal species of concern may use the project area: Steelhead Trout, Sockeye Salmon, Chinook Salmon, Coho Salmon, Sea Otter, Black Brant, Canada Goose, Aleutian Canada Goose, Bald Eagle, and Tundra Swan. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include conformance with appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. SPECIAL AREA .DESIGNATION: None. EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity and its intended.use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest reguires'a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the _proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing -2- process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land 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, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental-Protection Agency's 404(b)(1).guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to.the public interest. Tie Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received, will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors_ listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. If further information is desired concerning this notice, contact Mr_. John C. Leeds, III, at (907) 753 -2712. AUTHORITY: This permit will be issued or denied under the following authorities: Discharge dredged or fill material into waters of the United States--Section-404-Clean .Water-Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404(i) of the Clean Water Act (40 CFR 230). A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. Attachments District Engineer U.S. Army, Corps of Engineers -3- SCAI-F "z250' 11-870605 SARGENT CREEK 1 ie. • •4.;:a • ExisriMG CREEIc CHAN.kri.. TITLE NAME: 0 WATERWAY: LOCATION: BLOCK e 8.igs r14 : r Shee L of 2., Date Sin AQU 4EC dV,o % 4.1"6_ -CG 4r<4 4.v'[r t t4- 870£,05 SARGENT CREEK Live. •,f t-ga s /A-I / ' '. I J/6 • + .J e..© r!u 5 r.6l4-.ref, TITS O T (' f''V 2 2634 GE NAME : KOOIAK AK 99615 WATERWAY : SA 9 'w ef1'e'E /<-_ LOCATION : 94/0, 4'4d Sheet ? of , _ Date rairE 2F lanSU OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION STATE OF ALASKA STEVE COWPER, GOVERNOR CENTRAL. OFFICE P.O BOX AW JUNEAU. ALASKA 99811 4165 PHONE: (907) 465 -3562 DIVISION OF GOVERNMENTAL COORDINATION Notice of Application for Certification of Consistency with the Alaska Coastal. Management Program. _. Notice' is hereby given that a request is being filed with the Division of Governmental Coordination for concurrence, as provid- ed in Section 307 (c)(3) of the Coastal Zone Management Act of 1972, as amended (P.L. 94 -370; 90 Stat. 1013; 16 U.S.C. 1456 (c)(3)], that the project described in the Corps of Engineers Public Notice No. M- 870605 , will comply with the Alaska Coastal Management Program and that the project will be conducted in a manner consistent with that program. Any person desiring to present views pertaining to the project's compliance or consistency with the Alaska Coastal Management Program may do so by providing his views in writing to the Division of Governmental Coordination, Office of Management and Budget, Pouch AW, Juneau, AK 99811, within 30 days of publication of this notice. Attachment 2 DEPT. OF ENVIRONMENTAL CONSERVATION . NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION COWPER. GOVERNOR Telephone: (907) Address: 465-2600 P.O. Box 0 Juneau, AK 99811-1800 Any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the navigable waters must first apply for and obtain certification from the Alaska Department of Environmental Conser- vation that any such discharge will comply with the Clean Water Act of 1977 (PL 95-217), the Alaska Water Quality •Standards and other applicable State laws'. By Agreement between the U.S. Army Corps of Engineers and the Alaska Department of Environmental Conservation application for a Department of the Army Permit may also serve as application for State Water Quality Certifica- tion when such certification is necessary. Notice is hereby given that the application for a Department of the Army Per- mit described in the Corps of Engineers Public Notice No.M-870605 also serves as application for State Water Quality Certification from the Alaska. Department of Environmental Conservation, as provided in Section 401 of the Clean Water Act of 1977 (PL 95-217). The Department will review the proposed activity to insure that any discharge to waters of the United States resulting from the referenced project will comply with the Clean Water Act of 1977 (PL 95-217) the Alaska Water Quality Standards and other applicable State laws. Any person desiring to comment on the water quality impacts of the proposed project may do so by writing to: . Alaska Department of Environmental Conservation 3601 C Street, Suite 1350 Anchorage, Alaska 99503 Telephone: 563-6529 within 30 days of publication of this notice. Attachment 3 Department of the Army Alaska District, Corps of Engineers Attn: CENPA-CO-R (C) P.O. Box 898 Anchorage, Alaska 99506-0898 • "". ALASKA DIV OF GOVERNMENTAL COORD ATTN: PATTY BIELAWSKI 3601 C STREET, SUITE 370 ANCHORAGE, AK 99503-5309 FIRST CLASS MAIL U.S-POSTAGE PAID ANCHORAGE, ALASKA PERMIT No. 804 -,• 6a. Coastal Project Questionnaire and Certification Statement MANAGEMENT BUDGET Please answer all questions. Include maps or plan drawings with your packet. An incomplete questionnaire may be returned and will delay the review of your packet. � O C T 2 " 1999 APPLICANT INFORMATION 1- - Royal Large Name of Applicant Box 2634 Address Kodiak, AK 99615 City (907) 486 -5057 Daytime Phone PROJECT INFORMATION State 2, , Kodiak island Rnrniigh Contact Person 7J0 Mill By Road Address Knriink, A K 9UR1 5 Zip Code City State. (907) 486 -5736 Daytime Phone GOVERNMENTA! COORDINATION Zip Code 1. Provide a brief description of your project and ALL associated facilities (caretaker facilities, etc.): Move creek to old channel plain and shore up hanks 'nntjgpnnc to private irnrPrty grid public road. Starting Date for Project Immediatel_ Ending Date for Project PROJECT LOCATION On going 1. Please give location of project. (Include nearest community or identifiable body of land or water.) Sargent Creek, Kodiak Island Township _28S Range-MD-7 Meridian S. • Section 2. Is the project on: (plsase mu* with,) State Land..._. Federal Land.— Private Land XX Municipal Land XX 3. Project is located in which region of the state (see attached map): 1 Pars— USGS Map.__ Northern --. Sowhcenaal XX■ Southeast- CURRENT APPROVALS 1. Do you currently have any State or federal approvals for this project? If yes, please list below. rEffj (Note: approval means permit or any other form of authorization.) List state review III, if any. Approval Type Approval # Expiration Date State Fish habitat permit Oct. 15, 1990 F690 -11 -0449 FEDERAL APPROVALS 1. Will you be placing structures or fills in any of the following: tidal waters, streams, lakes, or wetlands *? Yes No a® * If you are uncertain whether your proposed project area is in a wetland contact the US. Corps of Engineers. Regulatory Branch at (907)7.5.3-2720 for a wetlands determination. If you are outside the Anchorage area, call toll flee 1 -800478 -2712. If yes, have you applied for or do you intend to apply for a U.S. Army Corps of Engineers (COE) permit? Please indicate at right and give date of submittal . T ^'9' Yes 2. Have you applied for or do you intend to apply for a U.S. Environmental Protection Agency Yes No National Pollution Discharge Elimination System (NPDES) permit? Please indicate at right and ❑ ED give date of submittal . (Note: For information regarding the need for a NPDES permit, contact EPA at 271-5083.) 3. Have you applied for or do you intend to apply for permits from any other federal agency? © 0 If yes, please list below. Agency Approval Type Date submitted (or intend to submit) Army Corps 404 DEPARTMENT OF NATURAL RESOURCES APPROVALS 1. Is the proposed project on state -owned land or will you need to cross state lands for access? Note: In addition to stare owned uplands, the state has jurisdiction over mast laid below the ordinary high water line of streams, rivers, lakes, and mats hightide line seaward for three miles. 2. Is any portion of your project placed below the ordinary high water line of a stream, river, lake, or mean high water line of a saltwater body? 3. Will you be dredging? If yes, location of dredging is: Township _ Range_ Meridian Section • Location of disposal site for dredged materials (describe): Township - Range— Meridian_ Section _—. 4. Will you be filling with rock, sand or gravel? If yes, amount? • Location of source: Township _ Range- Meridian_ Section. • Location of fill site:Township ■ Range Meridian- Section ••••■■• 5. Do you plan to use any of the following state -owned resources? Timber Ls No. • Will you be harvesting timber from 10 or more acres? If yes, amount? , • Location of source:Township Range — Meridian Section Other Materials ❑ [] • If yes, what material? Yes No El Y No Its* ❑ • Location of source:Township — Range Section 6. Are you planning to use any fresh water? • If yes, amount (gallons per day)? • Source ?, 7. Will you be building or altering a dam? 8. Do you plan to drill a geothermal well? 9. Will you be exploring for or extracting coal? 10. Will you be exploring for or extracting minerals on state -owned land? 11. Will you be exploring for or extracting oil and gas on state -owned land? 0 El ❑ ❑ EE ❑ 12. Will you be investigating or removing historical or archaeological resources on state -owned land? 13. Will the project be located in a unit of the Alaska State Park System? Ycs E Y❑es If you answered NO to all questions in this section, you do not need an approval from the Alaska Department of Natural Resources (DNR). Continue to the next section. If you answered YES to ANY questions in this section, contact DNR to identify and obtain necessary application forms. Based on your discussion with DNR, please list (below) the approval type needed and date submitted. Approval Type Dare Submitted (or intend to submit) Have you paid the filing fees required for the DNR permits? If you are not applying for DNR permits, indicate reason below: a. (DNR contact) told me on approvals or permits were required on this project. b. Other. DEPARTMENT OF FISH AND GAME APPROVALS at no DNR No 1. Will you be working in a stream, river, or lake? (This includes work in running water or on ice, within the active floodplain, on islands, the face of the banks, or the stream tidelands down to mean low tide.) Name of stream or river: , Sarvent Creek Name of lake:. Will you be doing any of the following: a) Building a dam, river training structure or instream impoundment? b) Using the water? c) Diverting or altering the natural channel stream? d) Blocking or damming the stream, (temporarily or permanently)? e) Changing the water flow or the water channel? f) Pumping water out of the stream or lake? g) Introducing silt, gravel, rock, petroleum products, debris, chemicals or wastes of any type into the water? h) Using the stream as a road (even when frozen), or crossing the stream with tracked or wheeled vehicles, log- dragging or excavation equipment (backhoes, bulldozers, etc.)? i) Altering or stabilizing the banks? j) Mining or digging in the beds or banks? k) Using explosives? 1) Building a bridge (including an ice bridge)? m) Installing a culvert or other drainage structure? Yes Yes No El 12:1 El ED ® ❑ ®❑ El El n) Constructing a weir? o) Other in- stream structure not mentioned above? 2. Is your project located in a designated State Game Refuge, Critical Habitat Area, or State Game Sanctuary? 3. Does your project include the construction and operation of a salmon hatchery? 4. Does your project affect or is it related to a previously permitted salmon hatchery? 5. Does your project include the construction of a shellfish or sea vegetable farm? If you answered NO to all questions in this section, you do not need an approval from the Alaska Department of Fish and Game (DFG). Continue to the next section. If you answered YES to any of the questions under 1 or 2, contact the Regional DFG Habitat Division Office for information and application forms. If you answered YES to questions 3, 4 or 5, contact the DFG Private Nonprofit Hatchery Office at the F.R.E.D. division headquarters for information and application forms. Based on your discussion with DFG, please list (below) the approval type needed and date submitted. Approval Date submitted (or Mead to submit) Yes No al Yes No ❑ Q El El (ME 404 If you are not applying for permits, indicate reason below: a. (DFG contact) told me on (date) that no DFG approvals or permits were required on this project.. b. Other: DEPARTMENT OF ENVIRONMENTAL CONSERVATION APPROVALS 1. Will a discharge of wastewater from industrial or commercial operations occur? (See #2 in "Federal Approvals" section) 2. Do you intend to constructlrnstall or modify any part of a wastewater (sewage or greywater) disposal system? 3. If yes, will the discharge be 500 gpd or greater? 4. Do you expect to request a mixing zone for your proposed project? If your wastewater discharge will exceed Alaska water quality standards, you may apply for a mixing zone. If so, please contact DEC to discuss information required under 18 AAC 70.032. 5. Will the project result in dredging or disposal of fill in wetlands or placement of a structure in waterways? (Note: your application for this activity to the Corps of Engineers will also serve as your application to DEC.) 6. Will your project result in the development of a currently unpermitted facility for the 0 El disposal of domestic or industrial solid waste? 7. Will your project require the application of oil or pesticides to the surface of the land? ❑ Ycs No El El C3 MI El ® ❑ 8. Will your project generate air emissions from the following: a) Diesel generators totaling more than 10,000 hp? b) Other fossil fuel -fired electric generator, furnace, or boiler totaling greater than 10,000 hp, or 9,000 kWh, or 100,000,000 btu/hr? . c) Asphalt plant? d) Incinerator burning more than 1000 Ibs. per hour? e) Industrial process? 9. Will you be altering a public water system? 10..Will your project require offshore drilling or vessel transport of oil, or other petroleum products as cargo, or include onshore facilities with an effective storage capacity of greater than 10,000 barrels of such products? 11. Will you be subdividing lands into two or more lots (parcels)? ❑ If you answered NO to all questions in this section, you do not need a permit or approval from the-Alaska Department of Environmental Conservation (DEC). Please continue to the next section. If you answered YES to any of these questions (see #6 Note), contact the DEC Regional Office for infornudon and application forms. Based on your discussion with DEC, please list ( below) the approval type needed and date submitted ApRoval 1 pe Date Submittal (or intend to submit) Yes No CI CZ El MI C3 OD Ej [XI If you are not applying for permits, indicate reason below: - a. . (DEC contact) told me on approvals or permits were required on this project. — b. Other, no DEC Certification Statement The information contained herein is true and complete to the best of my knowledge. I certify that theproposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal Management Program. Signature of App cant or Agent Date Note: This acetification statement is a requirement for federal permit applicants. Federal agencies conducting an activity that will directly affect the coastal zone are required to submit a federal consistency determination per 13 CFR 930, Subpart C To complete your packet, please attach your state permit applications and copies of your federal permit applications to this questionnaire. • Revised 3189 DISTRIBUTION LIST November 1, 1990 [613] Ma. Judith Bittner, Department of Natural Resources Division of Parks, Anchorage (1350) Mr. Tom Brooks, Manager, Civil Engineering Alaska Railroad Corporation, Anchorage (867] Ms. Linda Freed, Kodiak (1220] Ms. Veronica Gilbert, Department of Natural Resources, Anchorage [2681 Mr. Uwe L. Gross, Anchorge [1072] Mr. Neil Johannsen, Department of Natural Resources Division of Parks, Anchorage [303] Mr. Michael O'Brien, Department of Transportation and Public Facilities, Anchorage (287) Mr. Gordon Puller, Kodiak Area Native Association, Kodiak [3] Mr. Tim Rumfelt, Department of Environmental Conservation, Anchorage [8591 The Honorable Jerome M. Selby, Kodiak [371] Mr. Lance Trasky, Department of Fish and Game, Anchorage ELME OF LZMM OFFICE OF THE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION SOUTHEAST REGIONAL OFFICE 431 NORTH FRANKLIN P.O. BOX AW, SUITE 101 JUNEAU, ALASKA 99811-0165 PHONE: (907) 465-3562 Mr. Royal Large Box 2634 Kodiak, AK 99615 Dear Mr. Large: SOUTHCENTRAL REGIONAL OFFICE 3601 'C' STREET SUITE 370 ANCHORAGE, ALASKA 99503-5930 PHONE: (907) 561-6131 November 2 r`s • ti 1 STEVE COWPER, GOVERNOR CENTRAL OFFICE PO. BOX AW JUNEAU, ALASKA 99811-0165 PHONE: (907) 465-3562 NORTHERN REGIONAL OFFICE 675 SEVENTH AVENUE STATION H FAIRBANKS, ALASKA 99701-4596 PHONE: (907) 451-2818 1990 SUBJECT: SARGENT CREEK 1 STATE I.D. NO. AK901101-02A EXTENSION OF REVIEW TIMEFRAME The Division of Governmental Coordination (DGC) is currently coordinating the state's review of your project for consistency with the Alaska Coastal Management Program (ACMP). Requests for additional information have been received by DGC from the Depart- ment of Environmental Conservation (DEC) and the Department of Fish and Game (DFG) regarding how the project would be accomp- lished. The review cannot be completed until this information is received and analyzed. The review timeframe therefore, is hereby extended pending receipt of the requested information. Copies of the request letters are attached. The review will be restarted once the necessary information is received and deemed adequate. Thank you for your cooperation with the ACMP. Sincerely, cc: John Leeds, COE Distribution mol/18/mb 01-A35LH Alison . Smith Proect Review Coordinator FIVE NOV 26 1990 COMMUNITY DEVELOPMENT DEPT DISTRIBUTION LIST November 19, 1990 [613] Ms. Judith Bittner, Department of Natural Resources Division of Parks, Anchorage [1350] Mr. Tom Brooks, Manager, Civil Engineering Alaska Railroad Corporation, Anchorage [867] Ms. Linda Freed, Kodiak [1220] Ms. Veronica Gilbert, Department of Natural Resources, Anchorage [268] Mr. Uwe L. Gross, Anchorge [1072] Mr. Neil Johannsen, Department of Natural Resources Division of Parks, Anchorage [303] Mr. Michael O'Brien, Department of Transportation and Public Facilities, Anchorage [287] Mr. Gordon Puller, Kodiak Area Native Association, Kodiak [3] Mr. Tim Rumfelt, Department of Environmental Conservation, Anchorage [859] The Honorable Jerome M. Selby, Kodiak [371] Mr. Lance Trasky, Department of Fish and Game,'Anchorage MEMORANE JM TO: Alison Smith Project Coordinator Div. of Governmental RLENO.: Coordination Office: of Management TELEPHONE NO.: State Jf Alaska DEPARTMENT OF FISH AND GAME DATE: November 16, 1990 and B dget tl& FROM: C. Wayn' Dolezal Habitat Biologist Region II Habitat Division Department of Fish and Game SUBJECT: 267-2284 Royal Large Sargent Creek 1 SID AK901101-02A COE No. M-870605 Request for Additional Info. The Alaska Department of Fish and Game (ADF&G) has begun preliminary review of the project referenced above. The project entails bulldozing an alder covered island from its present location and relocating thematerial-into the south side channel of Sargent Creek. The purpose of the project is to protect the applicant's streamside property from erosion and to relocate the stream to an historic north side channel. Sargent Creek has been specified as being important for-_the migration, spawning, or rearing of anadromous fish pursuant to AS 16.05.870(a). The proposed project is located in a portion of the stream that supports spawning pink, chum, and coho salmon and Dolly Varden. Prior to making a decision concerning relocation of the stream channel to the north side of the riverbed, several important questions must be answered before we can continue evaluation of this project. Because the project site is found in an alluvial floodplain, actions taken at one location can greatly affect streamflows and channel morphology both upstream and downstream of the project site. These concerns must be satisfactorily addressed before a decision can made made whether or not to authorize the work. As presented, the plans for the project are only conceptual -- designs.- Please provide-sita specific in-formation to-addrebs the following questions. 1. What alternative(s) exist for stabilizing or filling the south side stream channel other than pushing a vegetated island onto the site? How will the slope of the reconstructed south side stream bank be stabilized to avoid erosion and prevent sedimentation of Sargent Creek waters? 2. What are the relocated stream channel design specifications that are proposed to provide for a stable stream channel and reliable surface water flows? Please provide information including engineering design plans and diagrams that will answer the following questions: 02-001 A (Rev 11-85) Alison Smith -2- November 16, 1990 is the slope, length, and width of the relocated channel? What is the proposed channel configuration? b. What is the design slope of the stream banks for the relocated stream channel? How will the slopes be armored or stabilized to prevent erosion? c. Will instream structures be required, to stabilize the relocated stream channel? If so, please provide data on the types of structures that would be used, their location and/or frequency along the channel's course. d. What is the mean annualflow rate for Sargent Creek? What is the annual, 25 year, and 50 .year flood event flow rate for Sargent Creek? What are the design flows for the relocated stream channel? e. What is the expected water velocity and water sc*ih within the relocated stream channel at both design flood and mean annual flows? f. How will the design channel perform in response to expected stream flows? What is the probable erosion scenario for the design channel? What is the maximum permissible water velocity in the channel to prevent erosion? What size material will be used to armor the bed of the relocated stream channel? g. Will an overflow spillway be required to accommodated flood flows and prevent damage to the relocated stream channel? If required, where will overflow waters be directed? --- 3. In -what sequence do you propose to--conduct stream channel -relocation activities? 4. l=„-.„ - stream channel relocation construction aivities, what actions will be taken to minimize or avoid sedimentation of the reaches of the Sargent Creek found downstream of the project site? How will Sargent Creek waters be routed around or through the project • site during construction activities? 5. During what time period (i.e. specify dates) do you propose to accomplish the channel relocation construction and south side bank stabilization activities? What is the total amount of time programmed Alison Smith November 16, 1990 .- for construction of the relocated stream channel and stabilization of the south side stream bank? (As an advisory note, salmon spawning activity in the lower reaches of the Salmon River usually commences about July 15 and continues through about October 20. The salmon eggs incubate during the winter and the resultant salmon fry will likely emerge for the spawning gravels the following spring during May, and June. Therefore, to avoid problems with salmon production, we recommend that construction activities . having a potential for creation of short term degradation of water quality be conducted from June 15 through July 15.] 6. How will relocation of the stream channel affect stream bedload transport and deposit mechanics in the stream reaches immediately upstream and downstream of the project site? If you have any specific questions, please contact me at 2 2333. cc: D. Kohler, COE T. Rumfelt, DEC V. Gilbert, DNR/DLWM P. Probasco, ADF&G L. White, ADF&G L. Schwarz, ADF&G D. McGillivary, USFWS H. Dean, EPA B. Smith, NMFS L. Freed, KIB R. Large, Applicant DEPARTMENT OF FISH AND GAME November 16, 1990 Mr. Royal Large Box 2634 Kodiak, Alaska 99615 Dear Mr. Large: Re:- Fish HabitEat Permit FG 90-11-0607 Sargent Creek Bank Stabilization (Section 31, T. 28 S., R. 20 W., S.M.) (Stream Number 259-22-10010) STEVE COWPER, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE. ALASKA 99518-1599 PHONE: (907)344-0541 Due to a typographical error in your permit that was issued on November 15, 1990, please note that the expiration date should read February 15, 1991. Sincerely, C. Way re Dolezal Habitat Biologist Region II Habitat Division (907) 267-2284 CC: G. Curney, ADNR/DLWM T. Schwantes, FWP P. Probasco, ADF&G L. White, ADF&G L. Schwarz, ADF&G D. Kohler, COE I i'.4 lil1 I 1 v a J ... ..; L. t_1 DEPARTMENT OF FISH AND GAME FISH HABITAT PERMIT FG 90 -II -0607 November 15, 1990 Mr. Royal Large Box 2634 Kodiak, Alaska 99615 Dear Mr. Large: STEVE COWPER, GOVERNOR 333 RASPBERRY ROAD ANCHORAGE. ALASKA 99518.1599 PHONE: (9071344-0541 Re: Fish Habitat Permit - Sargent Creek Bank Stabilization (Section 31, T. 28 S., R. 20 W., S.M.) (Stream Number 259 -22- 10010) Pursuant to AS 16.05.870(b) the Alaska Department of Fish and Game (ADF &G) has reviewed your request for renewal of Fish Habitat Permit 90 -II -0449. That permit authorized you to perform work to stabilize a portion of the south bank of Sargent Creek at the referenced location. We understand that the work entails placement of logs along the stream bank to form water deflection spurs. The logs will be keyed into the bank, will rest on the streambed, and the channelward end of the logs will be anchored in place. The logs will be positioned so that they angle slightly upstream from the stream bank. The logs shall span_no more than 66 percent of the normally wetted perimeter of the channel. The previous permit authorized that logs installation at 2 locations; the first site being found approximately 300 feet upstream of the east side boundary of your property and the second site being found about 100 feet upstream of the first site. You now request authorization to place a third log spur in the mainstem of the stream at a site about 300 feet upstream of the previously authorized project location. Sargent Creek has been specified as being important for the migration, spawning, or rearing of anadromous fish pursuant to AS 16.05.870(a). Your proposed project is located in a portion of the stream that supports spawning pink, chum, and coho salmon and Dolly Varden. In the lower reaches of this stream adjacent to your property, during period of low precipitation, the water in the stream flows under the surface of the streambed. At the upstream most site now added to your proposal, waters usually flow on the surface but during low flow regimes go subsurface a short distance downstream of the project site. FG 90-11-0607 -2- November 15,,1990 However, your proposed project should not adversely affect these fish resources if conducted according to stipulations listed below. In accordance with AS 16.05.870(d) (Anadromous Fish Act), project approval is hereby given subject to the following stipulations: 1. Work within the south channel of Sargent Creek (i.e. for the two log spurs located furthest downstream) shall occur only when water flow has gone subsurface at the project site. 2. Operation of vehicular equipment within the dewatered__ _ stream channel is authorized only to install the log deflector spurs. 3. Operation of vehicular equipment at the upstream most site is authorized within surface waters only at such times that the water flows go subsurface immediately downstream of the project site. In addition, such equipment operation shall only occur for purposes of installing a log spur deflector including placement of deadman anchors needed to secure the spur. For any activity which. significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the project or which negates, alters or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a significant deviation from the'approved. plan. The final determination relative to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G;_therefore, it is recommended the the ADF&G be consulted immediately when a "deViatiOn from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS 16.05.870. This permit must be retained onsite during bank stabilization operations and expires on February 15, 1990. Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Standards of the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Plan. In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its FG 90-11-0607 -3- November 15, 1990 provisions or failure to comply with applicable statutes and regulations. The Department reserves the right to require mitigation measures to correct disruption of fish and game created by the project and which were a direct result of the failure to comply with this permit or any applicable law. This permit decision may be appealed in accordance with the provision of A.S. 44.62.330- 44.62.630. Sincerely, Norman A. Cohen Deputy Commissioner BY: C. Wayne Doleza Habitat Biologist Region II Habitat Division (907) 267-2284 CC: G. Curney, ADNR/DLWM T. Schwantes, FWP P. Probasco, ADF&G L. White, ADF&G L. Schwarz, ADF&G D. Kohler, COE 17;--Freed7=KIB FFE DEPT. OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 3601 C STREET, SUITE 1334 ANCHORAGE, AK 99503 Royal Large Box 2634 Kodiak, AK 99615 Dear Mr. Large: CERTIFIED MAIL RETURN RECEIPT 'REQUESTED November 15, 1990 STEVE COWPER, GOVERNOR (907) 563 -6529 MANAGEMEN Np � uoGF :7-19A91.° HAD M1 C NATIO RE: Corps Permit Application Sargent Creek 1 NPACO No. 071- OYD -M- 870605 Your application for a water quality Certification of Reasonable Assurance has been reviewed and lacks the following information: Describe how the creek will be handled, so as to minimize water siltation, while fill is being placed into the existing channel. Will the creek be diverted into the old channel? Will diversion berms be constructed or a new channel constructed? We cannot process this application without the above information. We will ask that Division of Coordination [DGC] coastal zone consistency determination comment period deadline be extended if we have not received the information within ten days of receipt of this letter. Please send a copy of your response to: DGC, 3601 C Street, Suite 370, Anchorage, Alaska 99503, Sincerely, Tim Rumfe t Ecologist TR:kj cc: Don Kohler, Corps of Engineers Alison Smith, DGC Anchorage Alison Smith (PROFS) Project Coordinator Div. of Governmental Coordination Office of Management and Budget C. Wayne Dolezal (signed final) Habitat Biologist Region II Habitat Division Department of Fish and Game November 16, 1990 267-2284 Royal Large Sargent Creek 1 SID AK901101-02A COE No. M-870605 Request for Additional Info. The Alaska Department of Fish and Game (ADF&G) has begun preliminary review of the project referenced above. The project entails bulldozing an alder covered island from its present location and relocating the material into the south side channel of Sargent Creek. The purpose of the project is to protect the applicant's streamside property from erosion and to relocate the stream to an historic north side channel. Sargent Creek has been specified as being important for the migration, spawning, or rearing of anadromous fish pursuant to AS 16.05.870(a). The proposed project is located in a portion of the stream that supports spawning pink, chum, and coho salmon and Dolly Varden. Prior to making a decision concerning relocation of the stream channel to the north side of the riverbed, several important questions must be answered before we can continue evaluation of this project. Because the project site is found in an alluvial floodplain, actions taken at one location can greatly affect streamflows and channel morphology both upstream and downstream of the project site. These concerns must be satisfactorily addressed before a decision can made made whether or not to authorize the work. As resented, the plans for the project are only conceptual designs. Please provide site specific information to address the following questions. 1. What alternative(s) exist for stabilizing or filling the south side stream channel other than pushing a vegetated island onto the site? How will the slope of the reconstructed south side stream bank be stabilized to avoid erosion and prevent sedimentation of Sargent Creek waters? 2. What are the relocated stream channel design specifications that are proposed to provide for a stable stream channel and reliable surface water flows? Please provide information including engineering design plans and diagrams that will answer the following questions: Alison Smith -2- November 16, 1990 a. What is the slope, length., and width of the relocated channel? What is the proposed channel configuration? b. What is the design slope of the stream banks for the relocated stream channel? How will the slopes be armored or stabilized to prevent erosion? c. Will instream structures be required to stabilize the relocated stream channel? If so, please provide data on the types of structures that would be used, their location and /or frequency along the channel's course. What is the mean annual flow rate for Sargent Creek? What is the annual, 25 year, and 50 year flood event flow rate for Sargent Creek? What are the design flows for the relocated stream channel? e. What is the expected water velocity and water depth within the relocated stream channel at both design flood and mean annual flows? g- How will the design channel perform in response to expected stream flows? What is the probable erosion scenario for the design channel? What is the maximum permissible water velocity in the channel to prevent erosion? What size material will be used to armor the bed of the relocated stream channel? Will an overflow spillway be required to accommodated flood flows and prevent damage to the relocated stream channel? If required, where will overflow waters be directed ?' In what sequence do you propose to conduct stream channel relocation activities? During stream channel relocation construction activities, what actions will be taken to minimize or avoid sedimentation of the reaches of the Sargent Creek found downstream of the project site? How will Sargent Creek waters be routed around or through the project site during construction activities? During what time period (i.e. specify dates) do you propose to accomplish the channel relocation construction and south side bank stabilization. activities? What is the total amount of time programmed for construction of the relocated stream channel and stabilization of the south side stream bank? Alison Smith -3- November 16, 1990 As an advisory note, salmon spawning activity in the lower reaches of the Salmon River usually commences about July 15 and continues through about October 20. The salmon eggs incubate during the winter and the resultant salmon fry will likely.emerge for, the spawning gravels the following spring during May, and June. Therefore, to avoid problems with salmon production, we recommend that construction activities having a potential for creation of short term degradation of water quality be conducted from June 15 through July 15. 6. How will relocation of the stream channel affect stream bedload transport and deposit mechanics in the stream reaches immediately upstream and downstream of the project site? If you have any specific questions, please contact me at 267- 2333. cc: D. Kohler, COE T. Rumfelt, DEC V. Gilbert, DNR /DLWM P. Probasco, ADF &G L. White, ADF &G L. Schwarz, ADF &G D. McGillivary, USFWS H. Dean, EPA B. Smith, NMFS L. Freed, KIB R. Large, Applicant "N441%41401440%40004404:00,100 ii i i.�iiiiiiiiii iit�ipiii1i • i 111110100111411114111011111011111100' b 410= i00 KODIAK ISLAND BOROUGH Property ev,,,aco X76- /4) 13:P4IS . Legal Description ffirt.e.rtiec) Owner of Record fr/..2? Date Pictures Taken /.e,z7—AFe- BY te.d2e-AIM