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NATIONAL WILDLIFE REFUGE-KODIAK ISLAND - ZCP 8/31/2016Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Compliance Review: Current Zoning: Conservation KIBC 17.50 Lot Area: 5,026.5 sq. ft. lease site Lot Width: 250' Front Yard: 25 ' Rear Yard: 25 ' Prk'g Plan Rvw? Not Applicable # of Req'd Spaces: 0 PROP_ID 22842 Bld'g Height: 35' Side Yard: 25' Staff Compliance Review Notes: Plat/ Subdivision Requirements? All conditions of approval for approved Conditional Use Permit apply (P&Z Case No. 16-044, copy of CUP approval letter with conditions is attached). Subd Case No. Plat No. Bld'g Permit No. N/A Print Form Submit by Email Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9363 Fax (907) 486 - 9396 22842 http://www.kodiakak.us Zoning Compliance Permit Permit No. BZ2017-026 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: lisa_willis@fws.gov/KMS: cgatter@oldharbor.org Legal Description: Subdv: 5,026.5 sq. ft. site within Section 26, T.28S, R.28W, SM Block: Lot: Street Address: NHN (approximately 14 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. 16-044 and 16-045, ap- proval letters attached). Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Compliance Review: Current Zoning: Conservation KIBC 17.50 Lot Area: 5,026.5 sq. ft. lease site Lot Width: 250' Front Yard: 25 ' Rear Yard: 25 ' Prk'g Plan Rvw? Not Applicable # of Req'd Spaces: 0 PROP_ID 22842 Bld'g Height: 35' Side Yard: 25' Staff Compliance Review Notes: Plat/ Subdivision Requirements? All conditions of approval for approved Conditional Use Permit apply (P&Z Case No. 16-044, copy of CUP approval letter with conditions is attached). Subd Case No. Plat No. Bld'g 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 far all demolitions, for renovations disturbing at least 160 square feet, 260 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: I 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 some construction permit.** CDD Staff Certification Date: Aug 31, 2016 CDD Staff: Jack Maker,,,�Ar­ Payment Verification Zoning Compliance Permit Fee Pa�able in Cashier's Office Room # 104 - Main floor of Borough Building p MMA AUG 312016 After -the -Fact 2X the published amount KODIAK ISLAND BOROUGH FINANCE DEPA IAMTable ❑ $0.00 ❑ $0.00 Less than 1.75 acres: I] $30.0 ❑ $60.00 1.76 to 5.00 acres: ❑ $60.00 ❑ $120.00 5.01 to 40.00 acres: ❑ $90.00 ❑ $180.00 40.01 acres or more: ❑ $120.00 ❑ $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 Zoning Compi Zoning Compliance Permit Payments: Type Detail Amount Cash $120.00 Total Amount: 1 $120.00 Customer Copy Printer) hv- Cashier Pane 1 of 1 (18/31/2016 03.05.36 PM August 22, 2016 S?) P WO Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us U.S. Fish and Wildlife Service 1011 E. Tudor Road, MS 211 Anchorage, AK 99503 Re: Case 16-044. Request a Conditional Use Permit to construct a microwave communication repeater tower and related facilities on a portion of Section 26, T.28S, R.28W, Seward Meridian (KIBC 17.200 and 17.50.040.H). 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 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. Natural vegetation immediately surrounding the facility will be preserved to the maximum extent possible. 3. 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. 4. 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. Sincerely, 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 16-045. 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 26, T.28S, R.28W, 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, per KIBC 17.195 and 17.50.070, 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 14 miles northeast of the City of Larsen Bay within Section 26, T.28S, R.28W, 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. 16-044) 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. 16-044). 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. Sincerely, Sara Mason, Director Community Development Department CC: Carl Gatter, Kodiak Microwave Systems, LLC Nova Javier, Borough Clerk Planning and Zoning Commission Page 2 of 2 PUBLIC HEARING ITEM 7-G P & Z REGULAR MEETING: AUGUST 17, 2016 N KIB Location & Zoning Map. .E S 65 17 20 20 29 4 6 1 5! 4 3 1 i.9^ 1 1 6 5 4 3 2 1 6 5 11 3 2 1 32 10 0Tza 34:35 6 Townships; 5 4 R� 1 6 1 5 4 R29T31,W 3 `. 2, 1 f RTz31s 3 2 1 �" 6 F Sections 7. 8 10 1; 12 7 8 9 11 12 7 8 9 0 11 12 7 Approximate location of 13 18 17 16 15 14 13 17 16 15 14 13 1 proposed tower site. 9 20 21 22 23 24X32 22 23 24 1 _ 'oft IT 30 29 23 27 26,` 25 30 29 28 25 27 �26 30 �y .. T26S 31 32 33 '` 34 `. 3 2 33 34 35 3 34 F5 36 31 o 6 5' 4 1 3 2 1 6 5 4 36 2 1 6 5 3 1 1 6 4 3 2.1 7' 8 9 10 11 12 7 8 9 10 12 7 8 9 10 1 12 7 9 10 11 .T295 j ;R29YV ' i 14 16 15 18 17 16 15 '` 14 13 18 17 16 15 14 13 18 17 j 16 . 15 14 13 18 17 ! = + .� s i 23 19 20 2 2 2 20 21 22 2.? ' 2 • 3 ,19 20 i 22 p — — 26 ` •, 28 2B 29 28 27 26 25 0 29 i 2S 27 l 26 25 30 29 28 27 25 30 7Is T29E T29S T29S` FRIM 928W R2nv, 35 i 32 33 34 35 36 31 32 33 34 35 1 32 33 34 35 36 31 32 34 65 17 20 20 29 4 3 2 1 --` 6 i 7 8 9 10 11 12 - 5 4 3 2' 1 5 4 3 2 1 6 5 a3 { 11 9 - 8 9 10iTs0s 12 7 Taos 10 11 12 7 8 9 10 18 17 20 20 29 16 15 14 13 21 22 23 24 28 27 2 iR29'JJ 8 7 16 15 14 13 9 21 12 13 24 ; 9 28 27 26 '_ 17 116 15 14 13 19– _ 21 2 23 24 14 18 17 16 15 23 19 20 21 22 Legend 19 T - City of Larsen Bay - 32 4 35 34:35 6 Townships; 5 4 R� 1 6 1 5 4 R29T31,W 3 `. 2, 1 f RTz31s 3 2 1 �" 6 F Sections Zoning Legend Public Use Lands Rural Residential 1 [ . I Multi Family Residential Light Industrial © Watershed ® Rural Residential 2 Business ® Rural Neighborhood Commercial Conservation Single Family Residential Retail Business Urban Neighborhood Commercial Rural Residential 0 Two Family Residential Industrial 0 Natural Use Kodiak Island Borough GIS community Development Department =__= Access Roads hi3p://www kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations _ Unconstructed Right of Ways Case No. 16-044 Introduction --------------------------------------'--------- - - --- ---- ----- Image Overlay |nnage0xeduy Request: AConditional Use Permit 0zconstruct i Pase No. 16-044 amicrowave communication repeater tower and � Applicant: U.S. Fish and Wildlife Service related facilities onuportion of Section 26' T.285. ' | Agent: Carl Gatter, Kodiak Microwave Systerns, LLC R.28W, Seward Meridian (K|8C 17.200 and do 2 N W r F - C7 co Z_ =3 < D W Q 7-6 U z J � 0] W W a� Q J iLJ W N -6 a a -u J I s33 I °Y F r_ I 51� 5 . N Coordinate List for Tower Center Points 08/17/2016 Larsen Bay tower center point; Pt# 9101 State Plane Coordinates, Zone 5, Alaska (U.S. Survey Feet] N 1291614.458 E 1643940.801 EI = 31.0` (NAVD88 computed using geoid 12b) WGS 84 Coordinates, NAD83 (Degrees, Minutes, Seconds) Latitude N 57'32'10.72" Lorgitude W 153'58'55.43" Height 69.28' (Orthometric height, Spiridon tower center point; Pttt 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.5.5u vey Feet N 1393401.924 E 1722224.232 EI = 2050.98' (NAVD88 cornputed using geoid 12b) WGS 84 Coordinates, NAD83 (Degrees, Minutes, Seconds) -'Latitude N 57'48'51.18" lLongitude W 153'34'49.62" Height 2087.28' (Orthometric height) Elbow tower center point; Pt# 6255 State Piane Coordinates, Zone 5, Alaska (U.S. Survey Feet) N 1385786.24 E 1875119.64 EI = 2264.80' (NAVD88 computed using geoid 12b) WGS 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 Towers iiodiak 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. § 24.21 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 Permit 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 July 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 I 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 Pennittee, its employees, agents, contractors, employees of the contractors or any persons visiting the permitted sites in connection with this authorization. TERM AND RENT: The tern for this permit is for twenty (20) years or while it is used for the purpose granted, whichever period is shorter. 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, 1011 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 or 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 furnish 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 5. Prior to commencement of a phase of activities, the Permittee 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 Permittee'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 bost 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 Il of the project. PHASE II (POST CONSTRUCTION ACTIVITIES) 8. 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 or 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 11 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 5"' 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. It. 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 pen -nit. 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, ROW Permit T -348 -KD Kodiak Microwave system Communication Sites Page 4 or 14 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. onument20. 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 ROW Permit T -348 -KD Kodiak Microwave System Communication Sites Page 5 of 14 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 grant 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 Kodiak Microwave System Communication Sites Page 6 or 14 of -way in whole or in part, 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®, AlternaMATS(&, 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 I and February 28 or August I to October ROW Permit T -348 -KD Kodiak Microwave System Communication Sites Page 7 of 14 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 pen -nit 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 ROW Permit T -348 -fill Kodiak Microwave System Communication Sites Page 8 of 14 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 Permittee 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 Pennittee, 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 (1) year after 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. Permittee 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. ROW Permit T -348 -KD Kodiak Microwave System Communication Sita Page 9 or 14 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 Level (AGL), weather permitting. ROW Permit T -348 -KD Kodiak Microwave System Communication Sites Page 10 of 14 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 pennit, 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. ROW Permit T -348 -KD Kodiak Microwave System Communication Sites Page I I of 14 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 ROW Permit T -348 -KD Kodiak Microwave System Communication Sites Page 12 of 14 THIS IS 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 014dayof .AV UU , 20j(p V diak Microwave System, LLC ACKNOWLEDGEMENT STATE OF ©e SS. �OUNTY ) THIS IS TO CERTIFY that on theay of $ 20_&, before me, a Notary Public in and for the State of my commissioned and swear as such, personally appeared (TAI- % /� r1 rr5 , 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. Public CARRIENotwBEyRNTSEN-CHU State of Alm" MyC Ttrisslon Feb. 19.2020 Not ry Public in and for the State of (SEAL) My commission expires: �iG ij. LRS Z -OZ -0 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 day of 20�. LL nn DD U.S. Fish and Wildlife Service �oC Chief, Division of Realty and Conservation Planning ACKNOWLEGMENT STATE OF ALASKA ) ) ss: THIRD JUDICIAL DISTRICT ) k-1 THIS IS TO CERTIFY that on the 5 day of , 20 _% before ROW Permit T -348 -KD Kodiak Microwave System Communication Sites Page 13 or 14 me, a Notarylic i and for the State of Alaska, duly commissioned and swom as such, personally appeared c1 C\I\ �,�� s , 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 OFRC AL SEA My commission expires: 't APRiI M. DENT NOTARY PUBUC-!TATE OF ALASKA E4 My Comm. Expires Mn 9, 2020 ROW Permit'17-348-KD Kodiak Microwave System Communication Sites Page 14 of 14 KATIOIL4L 'ET FE Kodiak Microwave System, LLC, T -348 -KD, Exhibit A Location Map 10- Land Status Surface (USFWS) 0 Surface - FWS - Withdrawn (ATMAI, NO- 6 A Surface - FWS - Acquired -A, 3.11 24 '3% Surface - FWS - Submerged Land MED NWR Boundary V 4 Uga ni k SitcrJ Spiridon-She orf 0 114 4C) F 2013 7 On �lv -q;,Of F';3aily and Nr-l!u I R IFOUTt P Map generated June 1. 2016 EXHIBIT B BOND FORM KODIAK MICROWAVE SYSTEM, LLC, T -348 -KD Permit Number KNOW ALL BY THESE PRESENTS, That we, [Permitteel Principal, and under the laws of the State of surety in the State of as a corporation organized and authorized to transact the business 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 activitiesl 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: u Im V) < 0 0-1 C: -2 0 Fn 'Z cu 0 (D T3 CD (D -iCU C: (D F) cu W N 0) > Na - V) C. ca o U) 4— m U3 m cu co -NC cu 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. Thanks! Jack From: Carl Gaffer[mailto:cgatter(cboldharbor.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 1 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. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. 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 Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. PUBLIC HEARING ITEM 7-G P & Z REGULAR MEETING: AUGUST 17, 2016 hasi ��iurt United States Department of the Interior I U. S. FISH AND WILDLIFE SERVICE I 1011 East Tudor Road In REPLY REFER TO Anchorage, Alaska 99503-6199 RE/8703.IS Alaska April 30, 2015 Kodiak NWR Kodiak Microwave Svstem VIA EMAIL Jack Maker Kodiak Island Borough Community Development Department 710 Ivlill 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 constriction 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 KMS 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. 16-044 Application Package