AlaskaSolJust.pdf

DEPARTMENT OF FISH AND GAME

DIVISION OF HABITAT

SEAN PARNELL, GOVERNOR

1300 COLLEGE ROAD

FAIRBANKS, AK 99701-1551

PHONE: (907) 459-7289

FAX: (907) 459-7303

FISH HABITAT PERMIT FH12-III-0047

ISSUED: March 9, 2012

EXPIRES: December 31, 2014

City of McGrath Ms. Natalie Baumgartner, Administrator P.O. Box 30 McGrath, AK 99627

Dear Ms. Baumgartner:

RE: Kuskokwim River Bank Stabilization and Levee Restoration;

Kuskokwim River (Stream No. 335-30-16600);

Section 17, T33N, R33W, KM, McGrath D-6

Pursuant to AS 16.05.871(b), the Alaska Department of Fish and Game (ADF&G), Division of Habitat, has reviewed your proposal, in coordination with the USDA Natural Resources Conservation Service, to dredge and place fill below ordinary high water (OHW) to restore and extend a bank stabilization revetment and floodplain protection levee along the south bank of the Kuskokwim River adjacent to Takotna Avenue in McGrath.

Project Description You propose to extend the bank revetment from the existing section of rip-rap, constructed in 2006-07, downstream for 1,900 feet along the south bank of the Kuskokwim River. The bank will be graded by excavating approximately 5,000 cubic yards from the toe of the bank below OHW continuing at an angle upland with another 5,000 cubic yards extracted above OHW to produce a 2:1 grade. The cut bank will be covered with geocomposite overlaid with 3-inch minus gravel and/or crushed limestone as bedding, then covered with 2 feet of larger (up to 18-inch) rip-rap armor rock above OHW tapered up to 3 feet of rock below OHW. At the downstream end of the revetment a protection/diversion barb will be keyed into the bank. The levee will be reconstructed inland on top of the revetment. Excess dredge material will be disposed of off of the project site.

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

Ms. Natalie Baumgartner 2 Issued: March 9, 2012 FH12-III-0047 Expires: December 31, 2014

Your project as proposed could have adverse effects on anadromous fish and/or their habitat. In accordance with AS 16.05.871(d), project approval is hereby given subject to the project description above, your plan of operations and the following stipulations:

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

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 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 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 Division of Habitat; 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.

In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish and game created by the project and which was a direct result of the failure to comply with this permit or any applicable law.

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.

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 Todd Nichols at 907- 459-7363 or emailed to todd.nichols@alaska.gov.

Ms. Natalie Baumgartner 3 Issued: March 9, 2012 FH12-III-0047 Expires: December 31, 2014

Sincerely, Cora Campbell, Commissioner

BY: William A. Morris, Regional Supervisor Division of Habitat Alaska Department of Fish and Game ecc: Chris Milles, ADNR DMLW, Fairbanks Jeff Estensen, ADF&G CF, Fairbanks John Chythlook, ADF&G SF, Fairbanks Shawn Stokes, ADEC, Anchorage Jewel Bennett, USFWS, Fairbanks Don Kuhle, USACOE, Anchorage NOAA Fisheries, Anchorage Al Ott, ADF&G, Fairbanks Bob Piorkowski, ADF&G, Juneau Brett Nelson, USDA/NRCS, Palmer

WAM/tn