S01 Amendment 0001 Permits.pdf

Department of Fish and Game

HABITAT SECTION

Fairbanks Regional Office

1300 College Road Fairbanks, AK 99701-1551

Main: 907.459.7289 Fax: 907.459.7303

FISH HABITAT PERMIT

FH21-III-0030

ISSUED: February 8, 2021 EXPIRES: September 30, 2023

City of McGrath Attn: Sarah McClellan, Administrator Box 30 McGrath, AK 99627

RE: Riverbank Stabilization Kuskokwim River (Stream No. 335-30-16600) Sec 17, T33N, R33W, SM, McGrath D-6 Median Coordinate (WGS84): 62.9510 N, -155.5876 W

Ms. McClellan:

Pursuant to AS 16.05.871(b), the Alaska Department of Fish and Game (ADF&G), Habitat Section has reviewed your proposal to upgrade and extend the existing bank revetment and install rock barbs to manage erosion of the bank of the Kuskokwim River. The revetment component of this project was previously authorized under Fish Habitat Permits FH08-III-0125 and FH12-III-0047.

Project Description Your project will involve clearing and grubbing riparian vegetation necessary for construction.

The existing revetment will be extended with additional riprap and downstream of the revetment four rock barbs will be installed extending below ordinary high water along the east bank of the city of McGrath. Engineering specifications for this project are described in the draft NRCS Emergency Watershed Protection plans and Construction and Material Specifications.

Anadromous Fish Act The Kuskokwim River has been specified as being important for the spawning, rearing, or migration of anadromous fishes pursuant to AS 16.05.871(a). The river provides habitat for Chinook, coho, sockeye, and chum salmon, anadromous species of whitefish and supports

City of McGrath - 2 - Issued: February 8, 2021 FH21-III-0030 Expires: September 30, 2023 resident species of fish such as Arctic grayling. Your project as proposed should not obstruct the free passage of fish.

In accordance with AS 16.05.871(d), your project is approved subject to the project description and permit terms, with the following stipulations:

1) All in-stream work shall be conducted when water level and conditions will minimize erosion and sedimentation.

2) All cleared vegetation along the river bank shall be deposited in upland areas and exposed bank and retained vegetation shall be protected to the extent practicable from erosion and/or damage.

Permit Terms This letter constitutes a permit issued under the authority of AS 16.05.871 and must be retained on site during project activities. Please be advised that this determination applies only to activities regulated by the Habitat Section of ADF&G; other agencies also may have jurisdiction under their respective authorities. This determination does not relieve you of your responsibility to secure other permits; state, federal, or local. You are still required to comply with all other applicable laws.

You are responsible for the actions of contractors, agents, or other persons who perform work to accomplish the approved project. For any activity that significantly deviates from the approved plan, you shall notify the ADF&G Habitat Section and obtain written approval in the form of a permit amendment before beginning the activity. Any action that increases the project's overall scope or that negates, alters, or minimizes the intent or effectiveness of any provision contained in this permit will be deemed a significant deviation from the approved plan. The final determination as to the significance of any deviation and the need for a permit amendment is the responsibility of the ADF&G Habitat Section. Therefore, it is recommended that you consult the Habitat Section before considering any deviation from the approved plan.

You shall give an authorized representative of the state free and unobstructed access to the permit site, at safe and reasonable times, for the purpose of inspecting or monitoring compliance with any provision of this permit. You shall furnish whatever assistance and information the authorized representative reasonably requires for monitoring and inspection purposes.

In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. You shall mitigate any adverse effect upon fish or wildlife, their habitats, or any restriction or interference with public use that the commissioner determines was a direct result of your failure to comply with this permit or any applicable law.

City of McGrath - 3 - Issued: February 8, 2021 FH21-III-0030 Expires: September 30, 2023

You shall indemnify, save harmless, and defend the department, its agents, and its employees from any and all claims, actions, or liabilities for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or your performance under this permit. However, this provision has no effect if, and only if, the sole proximate cause of the injury is the department's negligence.

You may appeal this permit decision relating to AS 16.05.871 in accordance with the provisions of AS 44.62.330-630.

Please direct questions about this permit to Habitat Biologist Todd Nichols at 907-459-7363 or todd.nichols@alaska.gov.

Sincerely, Doug Vincent-Lang Commissioner

By: Audra L. J. Brase

Fairbanks Regional Supervisor ecc: John Chythlook, ADF&G SF, Fairbanks

Jeff Estensen, ADF&G CF, Fairbanks AJ Wait, ADNR DMLW, Fairbanks Bob Henszey, USFWS, Fairbanks USACE, Anchorage

NOAA Fisheries, HCD, Anchorage Permit Coordinator, ADF&G SF

Al Ott, ADF&G HAB, Fairbanks tn/AB mailto:todd.nichols@alaska.gov