NATIONAL WILDLIFE REFUGE-KODIAK ISLAND - ZCP 8/31/2016 (2)Kodiak Island Borough Print Form Submit by Email
Community Development Department
710Koldiak ll AK 996m52051111 IN III IIIIIIIIIIIIII III
Bay Rd.
Ph. (907) 486 - 9363 Fax (907) 486 - 9396 22842
http://www.kodiakak.us
Zoning Compliance Permit Permit No. BZ2017-025
The following information is to be supplied by the Applicant:
Property Owner/ Applicant: Owner: USFWS/Permitee: Kodiak Microwave Systems, LLC (Dan Delauder, authorized agent)
Mailing Address: USFWS: 101 E. Tudor Rd. Anchorage, AK 99503/KMS: 2702 Denali St. Ste 100, Anchorage, AK 99503
Phone Number: USFWS: (907) 786-3426/KMS:(907) 278-6100
Other Contact email, etc.: USFWS: li-sa—willis@fws.gov/KMS: cgatter@oldharbor.org
Legal Description: Subdv: 5,026.5 sq. ft. site within Section 24, T.27S, R.27W, SM Block: Lot:
Street Address: NHN (approximately 24 miles northeast of the City of Larsen Bay)
Use & Size of Existing Structures: Vacant
Description of Proposed Action: Construction of a 50' tall microwave communication repeater tower and related support facilities as
depicted on attached site plan per Conditional Use Permit and Variance approved on 8-17-2016 (P&Z Case Nos. 16-042 and 16-043, ap-.
roval letters attached).
Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points,
and vehicular parking areas.
Staff Compliance Review: Current Zoning: Conservation KIBC 17.50 PROP_ID 22842
Lot Area: 5,026.5 sq. ft. lease site Lot Width: 250' Bld'g Height: 35'
Front Yard: 25' Rear Yard: 25 ' Side Yard: 25'
Prk'g Plan Rvw? Not Applicable # of Req'd Spaces: 0
Staff Compliance Review Notes:
Plat / Subdivision Requirements? All conditions of approval for approved Conditional Use Permit apply (P&Z Case No. 16-042,
copy of CUP approval letter with conditions is attached).
Subd Case No. Plat No. Bldg Permit No. N/A
Does the project involve NO
an EPA defined facility?
*Commercial buildings, installations (military bases),
institutions (schools, hospitals) and residences with
more than four (4) dwelling units.
Driveway N/A
Permit?
Septic Plan N/A
Approval:
Fire N/A
Marshall:
Proof of EPA notification provided (if required)? N / A
*Required for all demolitions, for renovations disturbing at least 160 square
feet 160 linear feet, or 35 cubic feet of Regulated Asbestos Containing Material (RACM), and
for renovations that remove a load -supporting structural member.
No permit will be issued for such projects without proof of EPA notification
Applicant Certification: 1 hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that)
have the authority to certify this as the property owner, or as a representative of the property owner. 1 agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Site Plan List Other: USFWS ROW permit, agent auth, and CUPNariance approval letters
Date: Aug 31, 2016 Signature: Dan Delauder, Authorized Agent for Kodiak Microwave Systems, LLC
This permit is only for the proposed project as described by the applicant. If there are any changes to the
proposed project, including its intended use, prior to or during its siting, construction, or operation, contact
this office immediately to determine if further review and approval of the revised project is necessary.
THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED.
** EXPIRATION: Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a
building permit issued for the same construction permit.**
CDD Staff Certification
Date: Aug 31, 2016 CDD Staff: Jack Maker
Payment Verification Zoning Compliance Permit Fee
AUS 31 2010
Not Applicable
K DIAK ISLAND CeYsWat-Jn 1_Y5 acres:
FINANCE DEPARTMENT
1.76 to 5.00 acres:
5.01 to 40.00 acres:
40.01 acres or more:
ble in Cashier's Office Room # 104 - Main floor of Borough Building
After -the -Fact 2X the published amount
$0.00
$0.00
FX
$30.004
D
$60.00
❑
$60.00
R
$120.00
❑
$90.00
0
$180.00
$120.00
R
$240.00
PAYMENT DATE Kodiak Island Borough BATCH NO.
08/31/2016 710 Mill Bay Rd. 2017-00000089
COLLECTION STATION Kodiak, AK 99615 RECEIPT NO.
CASHIER 2017-00000248
RECEIVED FROM CASHIER
Remote Services Inc Cashier
DESCRIPTION
Zoning Permit BZ2017-024 Zoning Permit BZ2017-025 Zoning Permit BZ2017-026 Zoning Permit BZ2017-027
PAYMENT CODE I RECEIPT DESCRIPTION TRANSACTION AMOUNT
1111! 11111 l��l l�il 1,11111111 loll Pill IN Pill Pill 1: lill 111111
Payments: Type Detail Amount
Cash $120.00
Total Amount: I� $120.00
Customer Copy
Printed hv- Cashier Pane 1 of 1 OR/31/2016 03.0.5.36 PM
August 19, 2016
U Ghot F__1
Kodiak Island .Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
U.S. Fish and Wildlife Service
1011 E. Tudor Road, MS 211
Anchorage, AK 99503
www.kodiakak.us
Re: Case 16-042. Request a Conditional Use Permit to construct a microwave
communication repeater tower and related facilities on a portion of Section 24,
T.27S, R.27W, Seward Meridian (KIBC 17.200 and 17.50.040.H). This tower is
part of a system that will provide broadband intemet and other
telecommunications services to the communities of Larsen Bay and Karluk.
Dear Sir or Madam:
The Kodiak Island Borough Planning and Zoning Commission at their meeting on
August 17, 2016, granted the conditional use permit request cited above, subject to the
following conditions:
1. A copy of the required US Fish & Wildlife Service Right -of -Way Permit shall be
provided to the Community Development Department prior to issuance of zoning
compliance for this facility.
2. The color of structures and equipment shall be subdued to blend in with the
surrounding natural environment to the maximum extent allowed by applicable
federal, state, and local requirements.
3. Natural vegetation immediately surrounding the facility will be preserved to the
maximum extent possible.
4. Should the site be abandoned for any reason, the site will be cleared of all
improvements and returned to a natural state within one year of abandonment.
5. Any modification that would substantially alter the visual impact or permitted purpose
of the facility will require a new Conditional Use Permit.
THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning
compliance and/or a building permit must first be obtained. An approved conditional use
permit must be permitted within a two-year period to be valid. Please contact this office
for further details.
Chapter 17.200.080 KIBC states:
The commission's action may be appealed to the assembly by any party by filing a
written notice of appeal with the Borough Clerk within twenty (20) calendar days of the
Commission's decision. The notice of appeal must state the specific grounds for the
appeal and the relief sought by the appellant, and is accompanied by the $350 appeal
fee. Therefore, the Commission's decision will not be final and effective until twenty (20)
days following the decision.
This letter shall constitute the conditional use permit. Please bring it when you come to
our office to obtain zoning compliance for any construction on the property.
The Commission adopted the following findings in support of their decision:
FINDINGS OF FACT
1. The Conditions of Approval for this conditional use should ensure that the value,
spirit, character, and integrity of the surrounding area are maintained.
2. The conditional use will fulfill all the requirements of the C -Conservation zoning
district.
3. This facility will not be harmful to the public health, safety, convenience, or comfort.
The project is designed in accordance with acceptable engineering standards and
will be constructed, maintained, and operated in accordance with all applicable
federal, state, and local requirements.
4. The selected site fulfills all engineering requirements and provides for sufficient
setbacks, buffers, and other safeguards.
5. This facility is specifically located to provide broadband intemet and other
telecommunications services to the communities of Larsen Bay and Karluk.
If you have any questions about the action of the Commission, please contact the
Community Development Department at 486-9363.
Sincer
Sara Mason, Director
Community Development Department
CC: Carl Gatter, Kodiak Microwave Systems, LLC
Nova Javier, Borough Clerk
Planning and Zoning Commission
August 22, 2016
U.S. Fish and Wildlife Service
1011 E. Tudor Road, MS 211
Anchorage, AK 99503
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiak.ak.us
Re: Case 16-043. Request a Variance to construct a 50' tall microwave
communication repeater tower that exceeds the C -Conservation zoning district
35' building height limit on a portion of Section 24, T.27S, R.27W, Seward
Meridian (KIBC 17.195 and 17.50.070). This tower is part of a system that will
provide broadband internet and other telecommunications services to the
communities of Larsen Bay and Karluk.
Dear Sir or Madam:
The Kodiak Island Borough Planning and Zoning Commission at their regular meeting
on August 17, 2016, granted a variance to construct a fifty (50) foot tall microwave
communication repeater tower that exceeds the C -Conservation zoning district thirty-
five (35) foot building height limit by fifteen (15) feet on a permitted site approximately
24 miles northeast of the City of Larsen Bay within Section 24, T.27S, R.27W, Seward
Meridian
The Commission adopted the following findings of fact in support of their decision:
FINDINGS OF FACT
1. The geographical locations of the communities of Larsen Bay and Karluk require a
highly elevated site and the use of a communications tower that exceeds the tower
height required to provide similar broadband internet and telecommunications
services to other communities.
2. The strict application of the Conservation zoning 35 foot building height limit would
deny the communities of Larsen Bay and Karluk services that are currently enjoyed
by other communities within the Borough.
3. The site is more than adequately isolated from developed areas and provides for
sufficient setbacks, buffers, and other safeguards. The project is designed in
accordance with acceptable engineering standards and will be constructed,
Page 1 of 2
maintained, and operated in accordance with all applicable federal, state, and local
requirements. The recommended conditions of approval for the Conditional Use
Permit for this tower (Case No. 16-042) should further ensure that this variance does
not result in material damage or prejudice to other properties in the vicinity nor be
detrimental to the public's health, safety or general welfare.
4. This variance is consistent with various Comprehensive Plan land use, education,
and economic goals.
5. The special conditions from which relief is being sought are caused by the
geographical location of the communities the tower will serve, not the applicant. The
construction of a tower that exceeds the building height limit is required to overcome
those special conditions.
6. A communications facility is a conditional use for Conservation Zoning. The
applicant has applied for the required Conditional Use Permit (Case No. 16-042).
Should that Conditional Use Permit and this variance be granted, zoning compliance
may be issued for construction of this facility.
THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning
compliance and/or a building permit must first be obtained. Failure to utilize an
approved variance within twelve (12) months after its effective date shall cause its
cancellation. Please contact this office for further details.
An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party
aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10)
calendar days of the Commission's decision. The notice of appeal must state the
specific grounds for the appeal and the relief sought by the appellant, and accompanied
by the appropriate appeal fee. Therefore, the Commission's decision will not be final
and effective until ten (10) calendar days following the decision. For more information
on the appeal process please contact the Borough Clerk's Office at 486-9310.
This letter shall constitute the variance. Please bring it when you come to our office to
obtain zoning compliance for any construction on the property.
If you have any questions about the action of the Commission, please contact the
Community Development Department at 486-9363.
Sinc el
y,,
Sara Mason, Director
Community Development Department
CC: Kodiak Microwave System, LLC
Nova Javier, Borough Clerk
Planning and Zoning Commission
Page 2 of 2
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: AUGUST 17, 2016
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Case No. 16-042 Introduction
PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: AUGUST 17, 2016
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Case No. 16-042 Introduction
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Coordinate list for Tower Center Points 08/17/2016
Larsen Bay tower center point;
PO 9101
State Plane Coordinates, Zone 5, Alaska (U.S. Survey Feetl_
N 1291614.458
E 1643940.801
EI = 31.0' (NAVD88 computed using geoid 12b)
WGS 84 Coordinates. NAD83 (Degrees, Minutes, Seconds)
Latitude N 5732'10.72"
Lor gitude W 153'58'55.43''
Height 69.28' (Orthometric height,
Spiridon tourer center point;
PA 5313
State Plane Coordinates, Zone 5, Alaska (U.S. Survey Feet)
N 1359049.916
E 1686664.712
EI = 2707.75' (NAVD88 computed using geoid 12b)
WGS 84 Coordinates, NAD83 (Degrees, Minutes, Seconds)
Latitude N 57'43'14.41"
Longitude 153'45'48.35'
Height 2745.25' (Orthometric height)
Uganik tower center point;
Pt# 7001
State Plane Coordinates Zone 5, Alaska (U.S. 51-i-ve Feet
N 1393401.924
E 1722224.232
EI = 2050.98' (NAVD88 computed using geoid 12b)
WGS 84 Coordinates, NAD83 (Degrees, Minutes, Seconds)
.-'Latitude N 57'48'51.18"
/Longitude W 153'34'49.62"
He7ght 2087.28' (Orthometric height)
Elbow tower center point;
Pt# 6255
State Plane Coordinates, Zone 5, Alaska (U.S. Survey Feet)
N 1385786.24
E 1875119.64
EI = 2264.80' (NAVD88 computed using geoid 12b)
LUGS 84 Coordinates, NAD83 (Degrees, Minutes, Seconds)
Latitude PJ 57'47'18.10"
Longitude W 152'47'49,75"
Height 2302,31' (Orthometric height)
Right-of-Way Permit T-348-KD
...
Kodiak Microwave System, LLC
Microwave Tow evs
Kodiak National Wildlife Refuge
THE SECRETARY OF THE INTERIOR, through her authorized representative, the Chief, Division of
Realty and Conservation Planning, Region 7, U.S. Fish and Wildlife Service, hereinafter referred to as the
"Service", in accordance with 16 U.S.C. § 668dd (d), 50 C.F.R. § 29.21 16 U.S.C. §§ 3161-3173, and 43
C.F.R. § 36, does hereby grant a Right of Way Permit (Permit) to the Kodiak Microwave System, LLC,
hereinafter referred to as "Permittee", to use and occupy certain lands located within the Kodiak National
Wildlife Refuge in Alaska, hereinafter referred to as "the Refuge".
RIGHT-OF-WAY AUTHORIZATION
The Pen -nit authorizes the Permittee to construct, operate, and maintain single use microwave repeater
stations and related equipment and facilities at three locations on the northwest end of Kodiak Island,
within the Refuge, hereinafter referred to as the "Project". The project would provide broadband
telecommunication services to the remote communities of Larsen Bay and Karluk, which currently use
private satellite networks.
Each repeater station would consist of a 50' free-standing, unlighted, lattice -type, microwave tower. Each
tower will support three 8'-10' microwave dishes plus a single communication but with all electronics
and generation equipment inside. There will also be up to six 500 -gallon propane tanks on site. Each
leased area will be an approximately 80' diameter circle (5,024 square feet).
The project will be staged from private land in the Village Islands and Larsen Bay. The staging areas are
not authorized under this permit. A barge will deliver equipment and materials to the staging sites and
helicopters will be used to transport equipment, materials, and personnel to the communication sites.
Approximately 70 helicopter flights to each repeater station will be required. Most of these flights will be
with a Robinson R66 or R44 helicopter but numerous flights will require a larger Bell Huey 204.
Construction is expected to begin in August and will end no later than October 24, 2016. If construction
must occur during a second year, it will be restricted to a duly 1 through October 24 construction window.
Twice yearly maintenance visits via helicopter from the City of Kodiak are expected to each site.
Refueling will occur from a barge located in either Uyak or Uganik Bay with several helicopter trips to
replace propane tanks every 18 months. Maintenance and refueling trips are limited to December
to February 28 or August 1 to October 24.
ROW Permit'r-348-KD
Kodiak Microwave System
Communication Sites
Page I of 14
PROJECT SITE LOCATIONS
The Project sites authorized by this permit are located within the Kodiak National Wildlife Refuge in
Alaska and are described as follows:
Tower Sites
Latitude
Longitude
Legal Description
U anik
57.821392
-153.583114
T27S R27W, Section 24, SM
S iridon
57.720636
-153.763478
T28S R28W, Section 26, SM
Z -Ride
57.547833
-154.087333
T30S R30W, Section 27, SM
Map reflecting the location of the authorized installation sites are attached hereto as Exhibit "A".
DEFINITIONS
Meanings of certain terms used herein:
The term "Authorized Officer" means the Refuge Manager and Deputy Refuge Manager of Kodiak
National Wildlife Refuge in Alaska, or designated representative in charge of the land under
administration by the U.S. Fish and Wildlife Service. The Authorized Officer will monitor compliance
with Permit terms, conditions and stipulations.
The terms "Wildlife Resource" and Wildlife Resources" includes all fish, animals and birds and
all vegetation including trees, plants, shrubs, grass, muskeg and marsh within, on, under or over
the Permit area; and all lands, waters and all beds of waters within the Permit area and all
appurtenances to lands and waters and beds of waters within the Permit area, whether natural or
constructed.
The term Permittee includes the Permittee, its employees, agents, contractors, employees of the
contractors or any persons visiting the permitted sites in connection with this authorization.
TERM AND RENT:
1. The term for this permit is for twenty (20) years or while it is used for the purpose granted,
whichever period is shorter.
2. The Permittee is required by applicable regulations and statute to make a rental payment in
advance for use and occupancy of lands. The annual rental amount, as established by the U.S.
Fish and Wildlife Service Annual Fee Schedule (Fee Schedule) as of the date of issuance is
$7,000.95.
3. Payment(s) by check must be payable to the U.S. Fish and Wildlife Service and forwarded to the
attention of the Chief, Division of Realty and Conservation Planning, 101 1 East Tudor Road, MS
211, Anchorage, Alaska 99503. Payment can also be made by credit card by contacting the
Division of Realty and Conservation Planning Region 7 Collections Officer at (907) 786-3566.
ROW Permit T -348 -KD
Kodiak Microwave System
Communication Sites
Page 2 of 14
4. Rental rates may be reviewed and adjusted by the Service at any time not less than five (5) years
after the grant of the permit or the last revision of charges. Should the Fee Schedule be adjusted,
then the rental rate would be adjusted accordingly. The Service will fumish a notice in writing to
the Permittee of intent to impose new charges commencing with the ensuing charge year. The
revised charges will be effective unless the Permittee files an appeal according to
50 C.F.R. 29.22.
INSURANCE
Prior to commencement of a phase of activities, the PemZittee shall provide to the Service,
(attention Chief, Division of Realty and Conservation Planning, at the address above) the
following:
a. A binder or Certificate of Insurance demonstrating that the policy or policies are in place
and effective, as required below.
b. Permittee shall maintain in effect throughout the term of this Permit general liability
insurance or its equivalent with a limit of 51,000,000 per occurrence. Such insurance
shall name the United States as an additional insured and shall contain a "waiver of
subrogation" provision.
BOND (PHASE I and II)
PHASE I (CONSTRUCTION ACTIVITIES)
6. Prior to commencement of any construction activities, the Permittee shall provide to the Service,
(attention Chief, Division of Realty and Conservation Planning, at the address above):
a. Copy of the Pem-ittee's Surety Bond or the Contractor's Bonds issued to Permittee's
Contractor in the amount of one million dollars ($1,000,000) per site under construction.
b. Certified statement that said bonds will remain in effect for the term of the construction
contract between Permittee's Contractor and the Permittee.
7. Within 60 days of permit issuance and prior to Phase II Activities, the Permittee must submit a
cost estimate from a licensed engineering firm for the actual costs associated with the removal of
all structures/equipment and restoration activities associated with each site. The licensed
engineering firm cost estimate will be utilized by the Service for the determination of the bond
amount for Phase 11 of the project,
PHASE II (POST CONSTRUCTION ACTIVITIES)
Prior to commencement of any post construction activities, the Permittee shall provide to the
Service, (attention Chief, Division of Realty and Conservation Planning) a surety bond in the
amount determined per Stipulation 7. Attached hereto as Exhibit "B" is the bond form that shall
be utilized for the surety bond during Phase II activities. The bond is required to secure all
obligations imposed by the terms and conditions of this Permit and the bond amount is calculated
to cover the anticipated cost of removal of the facilities and restoration activities. The bond must
ROW Permit T -348 -KD
Kodiak Microwave System
Communication Sites
Page 3 of 14
meet the requirements of 31 U.S. C. §§ 9301-9309 and shall remain in place for the life of the
project. The bond shall not be terminated until instructed in writing to do so by the Chief,
Division of Realty and Conservation Planning.
9. Phase II must not commence until a written "Notice to Proceed" is given to the Permittee by the
Service. The Service will provide a "Notice to Proceed" once the requirements in Stipulation 8
have been met.
10. The bond amount will be adjusted every five years hereafter using the following
calculation based on the Consumer Price Index (CPI).
CPI is published by the Bureau of Labor Statistics of the United States Department of
Labor. The bond amount will be calculated using the 5 year percentage change in the
CPI for the 5 year period ending June 30 of the 5u' year as listed in the table titled
"Percentage Changes in CPI for All .Urban consumers (CPI -U): U.S. city average" for the
month of June, provided, however, in no event will the bond amount decrease.
If a substantial change is made in the CPI, or its publication is discontinued or changed in
a way as to prevent calculations pursuant to this subparagraph, then the price index will
be adjusted to the figure that would have been used had the manner of computing the CPI
in effect for the permit term not been altered. If the CPI (or a successor or substitute
index) is not available, a reliable governmental or other nonpartisan publication
evaluating the information used in determining the CPI will be used.
11. Upon receipt of a Certification of Completion (as required in Stipulation 51) the Contractor's
Bonds may be terminated.
GENERAL TERMS AND CONDITIONS
12. This permit is granted subject to outstanding rights, if any, in third parties.
13. The Permittee, by accepting this permit, agrees to the terms and conditions contained herein.
14. By accepting this Permit, the Permittee agrees to reimburse the United States for certain costs
incurred by the Service in processing the Permit application.
15. Permittee agrees to comply with State and Federal laws applicable to the project within which the
permit is granted, and to the lands which are included in the Permit, and lawful existing
regulations thereunder.
16. This permit authorizes use only on the lands and waters of the Refuge subject to this permit. Use
of land owned by a Native corporation, individual or State of Alaska, but located within the
refuge boundaries is not authorized by this permit.
17. Permittee agrees to clear and keep clear the lands within the permit area to the extent and in the
manner directed by the Authorized Officer; and to dispose of all vegetative and other material cut,
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uprooted, or otherwise accumulated during the construction, maintenance and restoration of the
project in such a manner as to decrease the fire hazard and also in accordance with such
instructions as the Authorized Officer may specify.
18. The construction or clearing of landing strips or pads is prohibited. Incidental hand removal of
rocks and other minor obstructions is allowed.
19. Permittee agrees to prevent the disturbance or removal of any public land survey monument or
project boundary monument unless and until the applicant has requested and received from the
Chief, Division of Realty and Conservation Planning approval of measures the applicant will take
to perpetuate the location of aforesaid monument.
20. Permittee agrees to restore the land to its natural, original, physical condition that existed prior to
the disturbance, to the satisfaction of the Authorized Officer, so far as it is reasonably possible to
do so upon revocation and/or termination of the permit, unless this requirement is waived in
writing by the Authorized Officer.
21. Consistent with 50 C.F.R. 25.21(h), the Authorized Officer may require Permit modifications at
any future time to ensure compatibility with the use and occupancy of the land. Additional
Permit conditions and stipulations may be added over the life of the Permit based on new
information, technologies, or concerns.
22. Permittee agrees to pay the United States the full value for all damages to the lands or other
property of the United States caused by him or by his employees, contractors, or employees of the
contractors, and to indemnify the United States against any liability for damages to life, person or
property arising from the occupancy or use of the lands under the permit, except where the
permit is granted hereunder to a State or other governmental agency which has no legal power to
assume such a liability with respect to damages caused by it to lands or property, such agency in
lieu thereof agrees to repair all such damages. Where the permit involves lands which are under
the exclusive jurisdiction of the United States, the holder or his employees, contractors, or agents
of the contractors, shall be liable to third parties for injuries incurred in connection with the
permit area. Grants of permits involving special hazards will impose liability without fault for
injury and damage to the land and property of the United States up to a specified maximum limit
commensurate with the foreseeable risks or hazards presented. The amount of no-fault liability
for each occurrence is hereby limited to no more than $1,000,000.
23. Permittee agrees that all or any part of the permit granted may be terminated by the Chief,
Division of Realty and Conservation Planning, for failure to comply with any or all of the terms
or conditions of the grant, or for abandonment. A rebuttable presumption of abandonment is
raised by deliberate failure of the holder to use for any continuous 2 -year period the permit for the
purpose for which it was granted or renewed. In the event of noncompliance of abandonment, the
Chief, Division of Realty and Conservation Planning will notify in writing the holder of the
permit of his intention to suspend or tenninate such grant 60 days from the date of the notice,
stating the reasons therefor, unless prior to that time the holder completes such corrective actions
as are specified in the notice. The Chief, Division of Realty and Conservation Planning may grant
an extension of time within which to complete corrective actions when, in his judgment,
extenuating circumstances not within the holder's control such as adverse weather conditions,
disturbance to wildlife during breeding periods or periods of peak concentration, or other
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compelling reasons warrant. Failure to take corrective action within the 60 -day period will result
in a determination by the Chief, Division of Realty and Conservation Planning to suspend or
terminate the permit. No administrative proceeding shall be required where the permit terminates
under its terms.
24. If the Authorized Officer determines that an immediate temporary suspension of activities within
the Permit area is necessary to protect public health and safety, cultural resources or the
environment, including adverse impacts to fish and wildlife resources or for seasonal constraints
and weather, including high fire danger, flooding, unusual resource problems or other significant
problems or emergencies, the Authorized Officer may issue an emergency suspension order to
abate such activities without an administrative hearing.
25. Permittee agrees to keep the Chief, Division of Realty and Conservation Planning and the
Authorized Officer informed at all times of his address, and, in case of corporations, of the
address of its principal place of business and the names and addresses of its principal officers.
26. Permittee agrees that in the construction, operation, and maintenance of the project, he shall not
discriminate against any employee or applicant for employment because of gender, race, creed,
color, national origin, or sexual orientation and shall require an identical provision to be included
in all subcontracts.
27. The permittee shall take no action that interferes with subsistence activities of rural users or
restricts the reasonable access of subsistence users to Refuge lands. This may include but is not
limited to disturbance of wildlife and their movements near subsistence hunters, and damage to
cabins, trails, traditional campsites or caches used by subsistence users.
28. Permittee agrees that the permit herein granted shall be for the specific use described and may not
be construed to include the further right to authorize any other use within the permit area unless
approved in writing by the Chief, Division of Realty and Conservation Planning.
29. The Permittee and Permittee's employees, coworkers, or contractors do not have the exclusive use
of the site(s) or lands covered by this permit.
30. Permittee agrees that the Chief, Division of Realty and Conservation Planning reserves the right
to gzant additional rights-of-way or permits for compatible uses on or adjacent to rights-of-way or
permit areas granted under this permit after giving notice to the Permittee and an opportunity to
comment. This includes co -location on the microwave towers if the use is compatible with the
primary use of the original tower.
31. Permittee agrees to rebuild and repair such roads, fences, structures, and trails as may be
destroyed or injured by construction work and upon request by the Authorized Officer, to build
and maintain necessary and suitable crossings for all roads and trails that intersect the works
constructed, maintained, or operated under the right-of-way.
DISPOSAL, TRANSFER OR TERMINATION OF INTEREST
32. Change in jurisdiction over and disposal of lands. The final disposal by the United States of
any tract of land traversed by a right-of-way shall not be construed to be a revocation of the right -
ROW Permit T -348 -KD
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of -way in whole or in pari, but such final disposition shall be deemed and taken to be subject to
such right-of-way unless it has been specifically canceled.
33. Transfer of permit Any proposed transfer, by assignment, lease, operating agreement or
otherwise, of a permit must be filed in triplicate with the Chief, Division of Realty and
Conservation Planning and must be supported by a stipulation that the transferee agrees to
comply with and be bound by the terms and conditions of the original grant. A $25 nonreturnable
service fee must accompany the proposal. No transfer will be recognized unless and until
approved in writing by the Chief, Division of Realty and Conservation Planning.
34. Disposal of property upon termination of right-of-way. In the absence of any agreement to the
contrary, the holder of the right-of-way will be allowed six (6) months after termination to
remove all property or improvements other than a road and useable improvements to a road,
placed thereon by him; otherwise, all such property and improvements shall become the property
of the United States. The required Phase II Surety Bond will be utilized for the removal of the
facilities and the cost of any restoration activities. Extensions of time may be granted at the
discretion of the Chief, Division of Realty and Conservation Planning. The permittee is required
to continue to make annual rental payments per Stipulation 2 until all removal and restoration
activities have been completed per the satisfaction of the Authorized Officer.
SPECIAL STIPULATIONS
In addition to the special stipulations; Permittee must also comply with the General Stipulations listed
above.
Stipulations Necessary to Ensure Compatibility:
35. Permittee must proactively protect vegetation and soil using a paneled mat system (Duradeck®,
AltemaMATSO, GreatMats® or equivalent) where wheeled or tracked equipment is used and
where levels of foot or other traffic risk damage to the vegetative mat, soil displacement, or
exposure of soil.
36. Impacts associated with trampling or crushing of vegetation must be avoided to the maximum
extent possible. Staging of construction equipment and supplies will also occur in locations
devoid of vegetation where possible. Construction equipment, supplies and helicopters must
be inspected and cleaned as necessary prior to transport to the microwave antenna sites to
minimize potential for the introduction of invasive species to the sites. During the annual
maintenance visit, the site must be inspected for the growth of invasive plants. If invasive
plants are found at a site; the permittee, with guidance from the Refuge, must develop and
implement a plan for eradication.
37. A 1/2 mile "no-fly zone" around seabird colonies will be in place from May 15 to Sept 15. If
a flight is needed outside of these parameters, the permittee must receive written approval
from the Authorized Officer prior to flight.
38. Construction activities must only occur between July 1 and October 24 and maintenance and
refueling activities must occur between December 1 and February 28 or August 1 to October
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24 so as to not disturb denning brown bears, nesting birds, recreationists, or subsistence
users.
39. Barge traffic must remain at least three nautical miles from any sea lion haul -out or rookery,
when possible, during transit to and from the staging and refueling areas. During
construction, helicopter traffic will remain within the fly zones delineated in Exhibit C.
Maintenance and refueling will remain at least three nautical miles from sea lion haul -outs.
40. While working in the staging area, the Permittee will not disturb the surface of the ground for
cultural resource protection.
41. Towers and sheds will be tan in color or with a matte finish to help them blend into the
environment as much as possible.
42. The Authorized Officer or designee, upon request, shall be afforded the opportunity and logistical
support from the nearest commercial transportation site to accompany the Permittee for the
purpose of inspection and monitoring Permittee activities.
43. By accepting this permit, the Permittee agrees to reimburse the United States for costs incurred by
the Service in monitoring the construction/installation, operation, maintenance, and removal of
facilities within or next to the permit area. Cost reimbursement for these activities will be
presented to the Permittee in annual cost Collection Agreements or activity specific cost
collection agreements at the determination of the Authorized Officer.
44. This permit is subject to the express covenant that any facilities constructed thereon will be
modified or adapted, if such is found by the Service to be necessary, without liability or,
expense to the United States, so that such facilities will not conflict with the use and
occupancy of the land for any authorized works which may hereafter be constructed thereon
under the authority of the United States. Any such modification will be planned and
scheduled so as not to interfere unduly with the permitted project.
45. Grant of this permit is subject to the express condition that the exercise thereof will not
unduly interfere with the management, administration, or disposal by the United States of the
land affected thereby. The Permittee agrees and consents to the occupancy and use by the
United States, its grantees, Permittees, or lessees, of any part of the permit area not actually
occupied for the purpose of the granted rights to the extent that it does not interfere with the
full and safe utilization thereof by the Permittee. The Permittee also agrees that authorized
representatives of the United States will have the right of access to the permit area for making
inspections and monitoring the construction, operation and maintenance of facilities.
Requirements for Construction
46. Prior to beginning construction authorized under this permit, the Permittee must submit to the
Authorized Officer a Plan of Development describing all construction related activities
anticipated to be carried out under the authority of this permit. The plan must provide
sufficiently detailed information to allow the Authorized Officer to effectively monitor
activities to be carried out under the plan. Receipt and approval of the plan will be
acknowledged in writing by the Authorized Officer. Proposed deviations from the Plan of
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Development must be submitted in writing to the Authorized Officer, and will only be
allowed with the written acknowledgment of the Authorized Officer. At the end of each
construction season the Pennittee shall provide a written report to the Authorized Officer for
review and acceptance that documents work completed and work planned for the next season.
Plans of development for any subsequent or additional construction must be submitted not
later than six (6) months from proposed construction for review and approval by the
Authorized Officer.
47. Prior to commencing construction of the facilities a preconstruction meeting including a
representative of the Permittee, onsite project managers of all Permittee contractors or
subcontractors and Service representatives shall be conducted on site or at the Kodiak
National Wildlife Refuge office.
48. The Permittee is responsible for obtaining all necessary State and Federal permits and
submitting copies to the Authorized Officer prior to the start of construction.
49. Prior to commencing construction of the facilities, the "construction boundary", as shown on
the site plans provided in the Plan of Development, must be clearly marked in a manner that
will survive and be evident throughout construction of the facilities.
50. If construction is not commenced within one (l) year atter permit issuance, the Service may
cancel the permit.
51. Upon completion of construction, the Permittee must file two copies each of a Certification
of Completion and as -built drawings and survey with the Chief, Division of Realty
Conservation Planning, as proof of completion of construction.
Continuance of Operations
52. Prior to September 30 of each year during the term of this Permit, a Plan of Annual
Operations for annual maintenance, refueling operations, and other planned visits to the
facilities must be submitted to the Authorized Officer for approval. Included in the plan must
be the following:
a. Refueling and annual maintenance of the facilities must be conducted during the
periods December 1 through February 28 or August 1 through October 24 to avoid
denning bears, nesting season, and the main concentration of public use taking place
on the refuge.
b. The Authorized Officer must be notified no less than fourteen days prior to
commencement of annual maintenance or refueling operations. The Authorized
Officer must be contacted again two days prior or the day of the scheduled operations
to confirm all plans.
c. Flight routes to and from the facilities must avoid concentrated public use areas and
sensitive wildlife areas to be identified by the refuge in advance.
d. Subsequent Plan of Operations must be submitted annually for approval and must be
received by the Refuge office 30 days before the expiration of the current plan.
53. Pennittee must notify the Authorized Officer of any and all occurrences that require or
necessitate emergency repairs/maintenance to the facilities prior to commencement of
activities if possible.
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54. No later than January 15 of each year during the term of this permit, the Permittee will
provide a report to the Authorized Officer that details the previous year's activities at the
Facilities. This report will include:
a. All helicopter flights to each site during the previous year including actual number of
flights, dates of flights, aircraft used and actual flight paths.
b. The amount of fuel consumed at each site during the previous year (refuel to refuel).
c. Any service interruptions during the previous year as a result of equipment failures
or other causes at these facilities, along with the cause and duration of those service
interruptions.
55. The Permittee is responsible for ensuring that all persons working for the Permittee and
conducting activities including but not limited to contractors and subcontractors allowed by
this permit have been given a copy of this Permit, have been briefed on the terms and
conditions of this Permit and shall adhere to the conditions of this Permit. A copy of this
Permit must be kept on site at all times during construction and during major and scheduled
maintenance of the facilities.
56. The Permittee's contractor(s) must develop and have on site a Spill Prevention Control and
Countermeasure Plan, as applicable. A copy of this plan must be submitted to the Authorized
Officer prior to commencement of construction. If a spill does occur, the Authorized Officer
must be notified immediately. Funds from the required surety bond will be available for any
necessary contaminant clean-up.
57. All hazardous wastes (as defined by the Resource Conservation and Recovery Act of 1976, as
amended) must be stored, transported, and disposed in accordance with regulation
requirements.
General Conservation Measures
58. The transportation and presence of any pets and other live animals of any kind to or on the
facilities are prohibited.
59. The Permittee's employees, contractors, subcontractors and any other individuals authorized
to access the facilities by the Permittee are prohibited from carrying or transporting firearms
on and to the Refuge. Firearms to be used for safety purposes and only carried by a bear
guard are permitted on the facilities. A bear guard is defined as an employee of the Permittee
or its contractors, subcontractors or any other individuals authorized to access the facilities
who has had eight (8) hours of bear awareness training.
60. The Permittee's employees, contractors, subcontractors and any other individuals authorized
to access the facilities by the Permittee are prohibited from hunting, fishing, and trapping
while on the Refuge during construction, maintenance, refueling and emergency repair
operations.
61. All helicopter flights to and from the sites must maintain a minimum altitude of 2000' Above
Ground Levet (AGL), weather permitting.
ROW Permit T -348 -KD
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62. All food wastes must be stored in animal -proof containers and disposed on a weekly basis at
a permitted off -Refuge facility.
63. All human waste must be removed from the site. All gray and black water or chemical toilet
refuse generated at construction or production facilities must be transported off the Refuge to
permitted treatment or disposal facilities.
64. Burning of trash, solid waste or any other substances or materials is prohibited. All trash and
non -petroleum solid waste imported to or generated on the facilities must be hauled off the
Refuge and disposed in accordance with 18 AAC 60 (Solid Waste Regulations) and with 18
AAC 62 (Hazardous Waste Regulations).
65. ATV use is not permitted.
66. The Permittee is responsible for keeping the construction area clean. All trash, survey lath
and other debris must not be stored on site. All trash, survey lath and other debris must be
picked up daily and properly disposed of during the job. At the completion of construction, a
final cleanup must be conducted by the Permittee and approved by the Authorized Officer.
67. Permittee is responsible at all times during the life of this Permit for taking any and all
actions to prevent introduction of invasive species on the Refuge. During each year for three
years following construction and every five years thereafter, Permittee must conduct a survey
for invasive species at the facilities and surrounding area. A report on this survey must be
provided to the Authorized Officer no later than January 15 of each year following the
survey.
68. Permittee must do everything reasonably within its power, both independently and on request
of any duly authorized representative of the United States, to prevent and suppress fires on or
near lands to be occupied under this permit, including making available such construction
and maintenance forces as may be reasonably obtainable for the suppression of such fires.
69. Permittee must take such soil and resource conservation and protection measures on the land
covered by the permit as the Authorized Officer may request.
70. Any problems with wildlife must be reported immediately to the Authorized Officer. The
Permittee's employees, contractors, subcontractors and any other individuals authorized to
access the facilities must not feed animals. Wildlife must not be harassed or intentionally
approached closely enough to disrupt the animal's activity or to endanger human life. Taking
of any animal except in the case of defense of life and property is not allowed. In the case of
a defense of life and property taking, the Permittee must immediately contact the Alaska
Department of Fish and Game and the Authorized Officer, and salvage those parts of the
animal required by State regulations.
71. Permittee must comply with the Archaeological Resources Protection Act (16 U.S.C. 470aa).
The disturbance of archaeological or historical sites and the removal of artifacts from Federal
land is prohibited. If such sites or artifacts are encountered, the Permittee must immediately
cease all work upon Federal land and notify the Authorized Officer.
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72. The Permittee must report any instances of dead birds found in the project area to the
Authorized Officer in a timely manner.
The remainder of this page is intentionally left blank.
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THIS 1S TO CERTIFY that the Permittee hereby accepts the permit described in this instrument, together
with all terms and conditions thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this oz, day of .its U , 20_L(,o
diak Microwave System, LLC
ACKNOWLEDGEMENT
STATE OF
SS.
�r�c�;1Gi'a.t p�OUNTY )
THIS IS TO CERTIFY that on the hdqyof ,$ 20K, before me, a
Notary Public in and for the State of illy commissioned and swear as such,
personally appearedF' aN1^5 ,who executed the within instrument on
behalf of the Kodiak Microwave System and who acknowledged to me that the same was signed freely
and voluntarily for the uses and purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and the year
first written above.
CARRI BEyRNTSEN-CHU
State of Alaska
MY C.amissW Feb. 18, 2020 Nottry Public in and for the State of
(SEAL) My commission expires: Raj, LRS ZgZ,�7
The Secretary of the Interior, acting by and through her authorized representative has executed this
rmit, known as M -348 -KD, for the United States of America on this 5 day of
20�.
U.S. Fish and Wildlife Service
�oC Chief, Division of Realty and
Conservation Planning
ACKNOWLEGMENT
STATE OF ALASKA )
) ss:
THIRD JUDICIAL DISTRICT )
kti
THIS IS TO CERTIFY that on the 5 day of , 20 % before
ROW Permit T -348 -KD
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me, a Notary Public i and for the State of Alaska, duly commissioned and sworn as such, personally
appeared k1 _ ) , known to me to be the Chief, Division of Realty and
Conservation Planning, Region 7, U.S- Fish and Wildlife Service, who executed the within instrument
and who acknowledged to me that the same was signed freely and voluntarily for the uses and purposes
therein stated.
WITNESS my hand and notarial seal the day and year first above written in this
certificate.
Notaly Public in and for Alaska
OFfIC AL SEA My commission expires:
APflll MEW t
NOTARY PUBLIC-SWE OF ALASKA
My Comm. Eitpires May 9, 2020
ROW Permit T -348 -KD
Kodiak Microwave System
Communication Sites
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U.S. Fish & Wildlife Service
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EXHIBIT B
BOND FORM
KODIAK MICROWAVE SYSTEM, LLC, T -348 -KD
Permit Number
KNOW ALL BY THESE PRESENTS, That we, f Permitteel
Principal, and
under the laws of the State of
as
a corporation organized
and authorized to transact the business of
surety in the State of , as Surety, are held and firmly bound unto the United
States Fish and Wildlife Service in the just and full sum of
Dollars ($ ), for
which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the above bound
Principal has been or is about to be granted the above referenced right-of-way permit by the
U.S. Fish and Wildlife Service to [permitted activities]
on
the lands of the [refuge or administrative sitel,
NOW, Therefore, the principal/surety agree to apply this bond as security for the faithful
performance of any and all of the conditions and stipulations as set forth in this bond and in said
right-of-way permit. In the case of any default in performance of the conditions or stipulations of
such permit, it is agreed that the surety/principal shall apply the bond or any portion thereof, to
the satisfaction of any damages, assessments, late payment charges, penalties, or deficiencies
arising by reason of such default.
The principal/surety further agree that:
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Jack Maker
From: Carl Gatter <cgatter@oldharbor.org>
Sent: Tuesday, August 30, 2016 11:42 AM
To: Jack Maker
Subject: Re: Right of Way permit
Kodiak Microwave Systems, LLC authorizes Dan Delauder of Remote Site Services Inc. to act as their
agent for signing Zoning Compliance Permits for the construction of communications towers and related
support facilities at the Elbow Mountain, Uganik Mountain, Spiridon Mountain, and Larsen Low tower
sites.
Carl Gatter
-----------------------------------
Carl Gatter
Sr. Financial Analyst
Old Harbor Native Corporation
2702 Denali Street, Suite 100
Anchorage, AK 90503
(907) 278-6100
On Aug 30, 2016, at 11:37 AM, Jack Maker <imaker@kodiakak.us> wrote:
Hi Carl,
I still need authorization for Dan Delauder to sign the permits. Can you cut and paste the following into
an email and send it to me?
Kodiak Microwave Systems, LLC authorizes Dan Delauder of Remote Site Services Inc. to act as their
agent for signing Zoning Compliance Permits for the construction of communications towers and related
support facilities at the Elbow Mountain, Uganik Mountain, Spiridon Mountain, and Larsen Low tower
sites.
"IT.lU
Jack
From: Carl Gaffer [mailto:cgatter@oldharbor.org]
Sent: Tuesday, August 30, 2016 10:09 AM
To: Jack Maker
Subject: Right of Way permit
Hi Jack,
Here is the ROW permit from the USFW and the executed Afognak lease for Elbow Mountain.
Thanks
Carl
Carl Gatter
Sr. Financial Analyst
Old Harbor Native Corporation
2702 Denali St Suite 100
Anchorage, AK 99503
(907) 278-6100
Aplease consider the environment before printing this email
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the
recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any
disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited
and may be unlawful.
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Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in
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PUBLIC HEARING ITEM 7-E
P & Z REGULAR MEETING: AUGUST 17, 2016
i7111 � �IIiL
United States Department of the Interior
U. S. FISH AND WILDLIFE SERVICE
0 I
101 I East Tudor Road'
IN REPLY REFER TO Anchorage, Alaska 99503-6199
RE/8703.IS Alaska
April 30, 2015 Kodiak NWR
Kodiak Microwave
System
VIA EMAIL
Jack Maker
Kodiak Island Borough Community Development Department
710 Mill Bay Road
Kodiak, AK 99615-6398
Dear Mr. Maker:
The Kodiak Microwave System, LLC (KMS) is proposing to construct and operate a Microwave
Communications Project along the west side of Kodiak Island. Two lease areas of the project
would be located on the Kodiak National Wildlife Refuge (Refuge), which is managed by the U.S.
Fish and Wildlife Service (Service).
At this point, there are no known significant environmental impacts to Refuge lands that would result
from the construction of this project. However, the Environmental Assessment (EA) has not been
completed. The Service will use the EA to evaluate the possible effects this project would have on
Refuge lands. In addition, the Service will also follow the requirements and guidance of Title XI of the
Alaska National Interest Lands Conservation Act (Title XI) to evaluate this project. The Service will
use the EA and the Title XI analysis to make the decision about whether or not to issue a Right -of -
Way Permit for this project.
We understand that Kodiak Island Borough Conditional Use Permits (CUP's) are typically issued
to landowners, and Kiv1S is not a landowner for this project. Therefore, for the sake of continuity
and accountability, the Service supports issuing the CUP's directly to KMS for this project.
Sincerely,
Douglas Campbell
Chief, Division of Realty
and Conservation Planning
cc: Robin Reich, Solstice Alaska Consulting, Inc.
Case No. 16-042 Application Package