11-II-0159 SA AI_Boat Ramp_CRDCHA.pdf

STATE OF ALASKA

DEPARTMENT OF FISH AND GAME 333 RASPBERRY RD.

SEAN PARNELL, Governor

ANCHORAGE, ALASKA 99518

DIVISION OF HABITAT PHONE: (907) 267-2342

FAX: (907) 267-2499

SPECIAL AREA PERMIT FH 11-II-0159-SA

AMENDMENT I

ISSUED: December 30, 2011 EXPIRES: July 30, 2012

USDA Forest Service Cordova Ranger District Attn: Dave Zastrow P.O. Box 280 Cordova, AK 99574

Dear Mr. Zastrow:

RE: Boat Ramp Replacement Copper River Delta Critical Habitat Area Section 6, T. 17 S., R. 1 E., C.R.M.

Pursuant to 5 AAC 95, the Alaska Department of Fish and Game (ADF&G), Division of Habitat, has reviewed your request to amend your Special Area Permit issued for replacement of an existing boat ramp at the Alaganik Slough recreation area within the Copper River Delta Critical Habitat Area (CRDCHA). You have revised the project schedule and work area isolation methods. This permit amendment supersedes the original Special Area Permit FH 11-II-0159-SA, which is null and void.

Project Description You propose to replace the existing boat ramp at the Alaganik Slough recreation area because it is deteriorated, needs annual maintenance, and is difficult to use. The new ramp will be located about 70 feet upstream from the existing ramp and constructed using pre-cast concrete planks (see Sheet 3). The new ramp will measure 16 feet wide and 145 feet long. About 200 cubic yards of material will be excavated to a depth of about 4 feet below the streambed and streambank and backfilled with shotrock to provide a foundation for the new concrete ramp sections (see Sheet 4). Riprap will be placed on the sides and at the base of the boat ramp to prevent erosion around the new ramp.

During construction, the work area will be isolated from Alaganik Slough using sheet piling or other isolation methods as determined by the contractor. After isolating the work area, any stranded fish will be removed and returned to the flowing waters of Alaganik Slough. Water pumped from the work area before and during construction will be discharged into a sedimentation basin or other upland site. After the new ramp is completed, the existing ramp will be removed and the streambank will be recontoured and planted with native shrubs and seed mix. During implementation of this project, you will employ all applicable U.S. Forest Service (USFS) Best Management Practices (BMPs) to control sedimentation and erosion.

USDA Forest Service - 2 - ISSUED: December 30, 2011 FH 11-II-0159-SA AI EXPIRES: July 30, 2012

Construction of the new ramp and removal of the existing ramp is expected to take 45-60 days and will be completed between April 1 and August 31. The project site will be accessed via an existing public road. The project site will be accessed via an existing public road.

Legislatively-Designated Special Area Requirements The CRDCHA was established by the Alaska Legislature pursuant to AS 16.20.600 in 1978 to protect natural habitat crucial to the perpetuation of fish and wildlife, especially waterfowl and shorebirds.

Alaska statutes allow activities to be authorized by Special Area Permit if fish and wildlife resources are protected. The proposed project is not expected to adversely impact habitat values, fish and wildlife resources, or public use provided that the stipulations contained herein are adhered to.

In accordance with 5 AAC 95, project approval is hereby given subject to the project description above and the following stipulations:

1. The permittee shall not close landing areas or trails or otherwise prevent overland access by the public. The ability of the public to access or use the CRDCHA shall not be restricted in any way. The existing boat ramp shall remain in place and available for use until the new boat ramp is completed.

2. ADF&G, Division of Habitat, shall be notified at 267-2342 (or fax 267-2464) at least 3 days prior to the initiation of activities within the boundaries of CRDCHA.

3. No vehicles or equipment leaking fuels, oils, hydraulic or cooling fluids shall be operated within the CRDCHA.

4. Outside of the project footprint, no vehicles or equipment shall be operated outside of existing roads or gravel surfaces within the CRDCHA.

5. Silt fence or other appropriate erosion and sediment control measure must be installed to isolate the work site from the adjacent surface waters and wetlands. The isolation materials shall be maintained and remain in place until the project is completed and all disturbed areas are stabilized.

6. Clearing of vegetation shall be minimized and revegetation shall be completed using native plant species and seed mixes which are free of weeds. Site visits shall be conducted at the end of first growing season following project completion to determine if additional re-vegetation efforts are necessary to stabilize the disturbed areas.

7. Intentional harassment, disturbance or displacement of wildlife is prohibited.

8. All refuse, garbage or debris brought onto CRDCHA, or created in the course of activities related to this project, shall be removed prior to project completion.

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 Division of Habitat and obtain written approval in the form of a permit amendment

USDA Forest Service - 3 - ISSUED: December 30, 2011 FH 11-II-0159-SA AI EXPIRES: July 30, 2012 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 stipulation contained in this permit will be deemed a significant deviation from the approved plan. The final determination as to the significance of any deviation and the need for a permit amendment is the responsibility of the Division of Habitat.

Therefore, it is recommended you consult the Division of Habitat immediately when a deviation from the approved plan is being considered.

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

This letter constitutes a permit issued under the authority of 5 AAC 95 and must be retained on site during project activities. Please be advised that this determination applies only to activities regulated by the Division of Habitat; other agencies may also 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.

In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The permittee shall mitigate any adverse effect upon fish or wildlife, their habitat, or any restriction or interference with public use, which the commissioner determines may be expected to result from, or which actually results from the permittee's activity, or which was a direct result of the permittee's failure to: 1) comply with a permit condition or a provision of 5 AAC 95; or 2) correct a condition or change a method foreseeably detrimental to fish and wildlife, or their habitat.

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 the permittee's performance under this permit.

However, this provision has no effect if, and only if, the sole proximate cause of the injury is the department's negligence.

This permit decision may be appealed in accordance with the provisions of AS 44.62.330-630.

Any questions or concerns about this permit may be directed to Habitat Biologist Megan Marie at (907) 267-2446 or emailed to megan.marie@alaska.gov.

Sincerely, Cora Campbell, Commissioner

For: Michael J. Daigneault Regional Supervisor Anchorage Area Office

USDA Forest Service - 4 - ISSUED: December 30, 2011 FH 11-II-0159-SA AI EXPIRES: July 30, 2012

Enc: Sheet 3 – Proposed Site Plan Sheet 4 – Proposed Boat Ramp Profile ecc: AWT, Cordova

A. Ott, ADF&G D. Bosch, ADF&G B. Lewis, ADF&G S. Hochhalter, ADF&G D. Crowley, ADF&G T. Massie, ADF&G J. Meehan, ADF&G C. Larson, DMLW

A

TETRA TECH EC, INC.

19803 North Creek Parkway

Bothell, WA 98011

ANTICIPATED SHEET PILING