Tok 1 FUP & DNR.pdf

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Fairbanks Recording District •

UNrTED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

Fairbanks Land Office

516 Second Avenue Fairbanks, Alaska

DECISION

RIGHT-OF-WAY GRANTED

Details of Grant

Serial number of grant Fairbanks 025925 L

State of Alaska Name of grantee Department of Public Works

Division of Highways Map showing the location and dimensions of grant:

FA1RBANKS62 -.:2 7Jf' Serial No.

SEP 1 4 196t

Alaska Highway 1 Sec. "C II 1

Map deSignations M.P. 1281~51 FAP-62-11

Pit No~ 2~ C 6 (2-20-60)

Date filed June 231 1960

Permitted use by grantee Road building material site Section 17 of Federal Aid Highway Act of

Authority for grant November 9, 1921 (42 Stat. 216; 23 U.S.C. 18), as amended

Regulations applicable to grant:

Code reference 43 CFR, Part 244, Subparts A and G

Circular numbers 1915, 2001, 2004, 2012

Date of grant September 12, 1961

Expiration date of grant ( None

Rental:

Amount None

When payable by grantee

Terms and Conditions of Grant

Pursuant to the authority vested in the undersigned by Order No. 541 of the Director, Bureau of Land Management, dated April 21, 1954 (19. F.R.

2473), as amended, a right-of-way, the details of which are shown above, is hereby granted, subject to the following terms and conditions.

1. All valid rights existing on the date of the grant.

2. All regulations in the circulars specified above.

3. Filing of proof of construction within 5 years of date of the grant.

KBCORDED ~ 4. Further t~ ~d conditions as follows: None

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Fairbanks, Alaska ___ _

Enclosures: 1915, 2001, 2004, 2012 cc: Director w/map Case Reading

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FLO 201

Rev. Sept. 1961

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STATE Of AlASKA OEPART~[NT Of PUBLIC WORKS

DiVISION Of HtGHWAYS

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AGGREGATES

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Dvvg No. ENG -·45 kawilson Typewritten Text kawilson Typewritten Text X kawilson Typewritten Text 200,000 kawilson Typewritten Text 5 years kawilson Typewritten Text Summer 2022 kawilson Typewritten Text Fall 2027 kawilson Typewritten Text Maintenance and Construction of public roads and projects kawilson Typewritten Text kawilson Typewritten Text kawilson Typewritten Text kawilson Typewritten Text kawilson Typewritten Text kawilson Typewritten Text kawilson Typewritten Text kawilson Typewritten Text kawilson Typewritten Text X kawilson Typewritten Text 13 North kawilson Typewritten Text kawilson Typewritten Text 62-1-168-2 kawilson Typewritten Text kawilson Typewritten Text See attached site drawing kawilson Typewritten Text kawilson Typewritten Text kawilson Typewritten Text 21 East kawilson Typewritten Text ~60 kawilson

Copper River

Materials will be excavated kawilson Typewritten Text as needed kawilson Typewritten Text X kawilson Typewritten Text kawilson Typewritten Text By Dozer/scraper or excavator depending on the specific project. Blasting will be required.

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Highly weathered Granite

X kawilson Typewritten Text Department of Transportation and Public Facilities kawilson Typewritten Text 2301 Peger Road kawilson Typewritten Text Fairbanks kawilson Typewritten Text Alaska kawilson Typewritten Text 99709 kawilson Typewritten Text kawilson Typewritten Text kahlil.wilson@alaska.gov kawilson Typewritten Text Kahlil Wilson kawilson Typewritten Text Continued development of an existing material site using standard construction equipment.

kawilson Typewritten Text X kawilson Typewritten Text Approximately 25 gallons of diesel and no more than 10 gallons of lubrication fluids are required to run kawilson Typewritten Text kawilson Typewritten Text construction equipment kawilson Typewritten Text for excavating and hauling.

kawilson

451-5425

8/26/2021

X

X kawilson Typewritten Text X kawilson Typewritten Text Department of Transportation and Public Facilities kawilson Typewritten Text 2301 Peger Road kawilson Typewritten Text Fairbanks kawilson Typewritten Text Alaska kawilson Typewritten Text 99709 kawilson Typewritten Text

(907) 451-5425 kawilson Typewritten Text State of Alaska kawilson Typewritten Text kawilson Typewritten Text kawilson

ADL 408614, MMS

Copper River kawilson Typewritten Text <10 kawilson Typewritten Text as needed kawilson Typewritten Text kawilson Typewritten Text X kawilson Typewritten Text kawilson Typewritten Text kawilson Typewritten Text Gravel, boulders, riprap kawilson Typewritten Text 21 East kawilson Typewritten Text See attached site drawing kawilson Typewritten Text kawilson

13 North

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DOT&PF Mining and Reclamation Guidelines August 2021

MS 62-1-168-2 1 of 3

State of Alaska Department of Transportation & Public Facilities

Mining and Reclamation Guidelines

Material Site 62-1-168-2 Alaska Highway MP 1250

These guidelines are subject to the Alaska Department of Natural Resources (DNR)

Material Sale Contract, ADL ______, and stipulations contained therein. For each new use or project, the user or contractor shall submit a Project Mining and Reclamation Plan to

DNR for approval, subject to DOT&PF review, prior to any mining activities.

Legal Description

T13N, R21E, CRM, Section 19: SW¼ NE¼ and N½ N½ SW¼ NE¼.

The site is approximately 60 acres.

General Information

This bedrock quarry site is located about a half-mile east of the Alaska Highway near Mile

1250. There are North and South access routes leading to this site from the Alaska Hwy.

Both routes have been authorized by DNR – NRO but will need to be developed to facilitate access to the site.

Material consists of highly weathered granite. Overburden is 1 to 3 feet thick. Additional geologic information is available at the DOT&PF Materials office, 2301 Peger Road, Fairbanks, Alaska 99709.

Development Plan

The access road will need to be reconstructed and shall include drainage structures as appropriate. The expanded site configuration will provide sufficient area to develop access to the top of the rock face. There is some blast rock at the toe of the existing face, but blasting will be required to produce significant new volume. Continue to develop the working face and use the existing work pad for staging and stockpiling. Do not mine below the elevation of the work pad; slope the pad floor gently to drain.

Mining Guidelines

The Plan will adhere to the following guidelines.

1. The contractor or user shall locate the material site boundaries to verify work areas are within the site.

2. Maintain a 50-foot undisturbed buffer around the site.

3. Prior to any new site clearing, contact the DNR Division of Forestry to obtain instructions for treatment of any merchantable timber, firewood, brush or slash produced.

4. Stockpile overburden separately from vegetation/organics for future. Do not place organics or overburden piles in future mining area.

MS 62-1-168-2 2 of 3

5. For blasting, prior notice and coordination are required with appropriate agencies.

Persons conducting blasting shall be licensed by the State of Alaska for such purposes and shall observe all applicable laws and regulations.

a. The contractor will describe blasting methods and equipment to be used in the

Project Mining and Reclamation Plan.

b. Contractors are responsible for proper storage of explosives as set forth in Title 29

CFR1910.109 and Title 27 CFR Part 555 as outlined in by the BATFE Regulation

Book.

c. Mining shall occur in benches, nominally 20-feet high. Contractors or users may have specific plans or equipment constraints that make flexibility in bench size, height and location necessary. However, maximum bench height is 40 feet.

d. Individual benches will be no more than 40-feet apart vertically, and will be no narrower than 20-feet wide. Multiple benches can be in production at one time.

e. Individual bench faces may be vertical, but overall slope angles within the active pit will be no steeper than 1H:4V, flatter slopes are acceptable.

f. Maintain access to all benches during and at the end of production.

g. At the end of each use, faces shall be scaled of loose or unstable rock.

h. As necessary, working faces will be posted and/or warning barriers constructed to protect the public from rockfall or falling hazards.

i. No undetonated explosives of any type will be left in or on the site at the end of a project or use, including undetonated explosives in the ground. Contractor is responsible for removal or detonation of any unused explosives.

6. After each use, stabilize slopes, scale loose rock, grade road smooth.

7. Maintain work areas in a clean, neat condition. After each use, remove all equipment and man-made debris from the site. Remove all blasting and explosive-related materials from the site.

8. All mining and stockpiling activities shall be in accordance with applicable Construction

General Permits (CGP) and Storm Water Pollution Prevention Plans (SWPPP).

Reclamation Objectives and Guidelines

The reclamation plan has several objectives:

1. To not preclude or hinder future development of un-mined areas.

2. To blend with previous reclamation and surrounding topography.

3. To prevent erosion and sediment transport to surrounding, undisturbed areas.

4. To allow reestablishment of native vegetation and wildlife habitat.

5. To leave the site in a safe condition that does not endanger people or wildlife.

Reclamation activities will include:

1. Stabilize slopes, scale loose rock, leave in safe condition.

2. In areas with steep quarry walls where no further mining will occur, rock faces will be left such that the overall slope angle are 1H:4V or flatter, benches are 20 feet wide or

MS 62-1-168-2 3 of 3 more and faces less than 40 feet high. Faces shall be scaled of loose unstable rock to reduce rockfall hazards. Access to benches will be blocked to protect the public.

3. Grade work pad and access road smooth.

Project Mining and Reclamation Plan Prior to use of the site for any project, the contractor or user shall submit a Project Mining and Reclamation Plan, in accordance with A.S. 27.19 and 11 AAC 97 to DNR for approval by DNR, subject to DOT&PF review. The Plan describes the proposed plan of operation and shall be in compliance with guidelines listed here. Upon approval, the Plan will be followed by the contractor or user and if applicable, the DOT&PF Project Engineer. The plan should include the following:

Sketch Map

The sketch map shall include:

1. Site boundaries and proposed working limits, to be marked on the ground

2. Overburden storage location

3. Work pad, stockpile, processing equipment

4. Scale of drawing, north arrow, and specific dimensions as appropriate

Narrative

The narrative shall include:

1. Methods of operation

2. Blasting plan detailing explosive and detonation types, onsite storage and duration

3. Estimated quantities for removal

4. Length and times of operation (day, month, year, and working hours)

5. Air and water pollution control measures

6. Reclamation measures

Supplements and amendments

Supplements and amendments to an approved mining and reclamation plan may be initiated by the contractor, user or the DOT&PF Project Engineer, when conditions warrant such action. Supplements and amendments must be mutually agreed upon and proper approval obtained prior to commencement of work of a changed nature.

1. Minor changes are those that affect details of the operation, but remain in compliance with the development guidelines. These changes may be authorized by the DOT&PF

Project Engineer.

2. Major changes are those which cause the final outcome of the site to be significantly different from the approved mining and reclamation plan or are not in compliance with the development guidelines. These require approval by DNR and the DOT&PF

Project Engineer.

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ANCHORAGE

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!LOCATION MAP

M.S. 62-1-168-2

T13N, R21E CRM

STATE OF ALASKA

NORTHERN REGION

Section 19: Within the SW1/4NE1/4, S1/2NW14NE1/4

SCALE NTS

DRAWN BY: KAW

Date: 8/10/2021

DEPARTMENT OF TRANSPORTATION

AND PUBLIC FACILITIES

MATERIAL SITE PLAN

M.S. 62-1-168-2

0 520 1,040 1,560 2,080260 Feet

Legend Access Roads

MS 62-1-168-2

Alaska Highway

MS Location

50' Vegetative Buffer

~ 60 acres

MP 1250

50' Wide

50' Wide

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50' BUFFER

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PROPOSED EXCAVATION

ACTIVE AREAS RECLAIMED AREAS

CROSS SECTION OF ROCK QUARRY TYPICAL

NOT TO SCALE STATE OF ALASKA

DEPARTMENT OF TRANSPORTATION

AND PUBLIC FACILITIES

MATERIAL SITE MINING AND 1-

D=--A_TA_ :_J_R

I RECLAMATION GUIIDELINES D RAWN: JR

APPROVED:

DATE: AUG 2021

PROJECT NO.

jrowland jrowland Typewritten Text jrowland

INTERIOR REGION 11 • Alaska

VIA ELECTRONIC MAIL, NO HARD COPY TO FOLLOW

State of Alaska, Department of Natural Resources Attn: Harvey Templeton 3700 Airport Way Fairbanks, AK 99709

Re: Material Sale to ADOT; MP 1238.4 Alaska Highway; ADL 421707

Dear Mr. Templeton:

The U.S. Fish & Wildlife Service (Service) has reviewed the referenced Alaska Department of Transportation and Public Facilities (ADOT&PF) application regarding the material sale from an established source (Paradise Hill Pit) owned by the Alaska Department of Natural Resources (ADNR) near milepost 1238.4 of the Alaska Highway (MS 62-1-007-5). The request is for the purchase of 300,000 CY of material that will be used for road maintenance and construction projects from 2021 through 2026. Blasting and bench development will be used to extract materials.

Potentially Affected Fish and Wildlife Trust Resources: The Service has reviewed the material sale application for its potential impacts to our trust resources, which are the natural resources our agency is entrusted to protect for the benefit of the American people. Within the proposed project area these resources include migratory birds and the Tetlin National Wildlife Refuge (NWR).

Recommendations: The Service appreciates ADNR and ADOT &PF coordinating with us on the use of material sites along the Alaska Highway. We offer the following recommendations to help minimize the proposed project’s impacts on fish and wildlife habitat.

Threatened and Endangered Species: The purpose of the Endangered Species Act (ESA) is to conserve threatened and endangered species and the ecosystems upon which they depend.

Projects that may affect ESA listed species and/or designated critical habitat must be evaluated under section 7(a)(2) of the ESA to ensure Federal agencies authorizing, funding, and conducting the projects are not likely to jeopardize the continued existence of any listed species, or result in the destruction or adverse modification of designated critical habitat. In this case, no ESA-listed species or designated critical habitat occur within the project area. Therefore, the project would have no effect on listed species or critical habitat, and no further action regarding ESA-listed

United States Department of the Interior

U.S. FISH AND WILDLIFE SERVICE

Fairbanks Fish and Wildlife Conservation Office

101 12th Avenue, Room 110 Fairbanks, Alaska 99701

September 16, 2021 species is required. This information can be confirmed, and the potential for effects of other projects can be evaluated, at https://ecos.fws.gov/ipac/.

Migratory Birds: The Service appreciates permitting agencies employing any measures to help avoid disturbing migratory-bird nesting habitat during the nesting season when nests and nestlings are most vulnerable. The most effective Best Management Practice (BMP) to help minimize impacts to nesting birds is to conduct land disturbing activities (e.g., tree and vegetation clearing, excavation, gravel fill, brush hogging, blasting, etc.) before or after the breeding season, which is generally May 1 through July 15 at the proposed site.1 However, some bird species may nest at different times (e.g., eagles and other raptors nest two or more months earlier), so we always recommend consulting our timing recommendations for your area.

Additionally, we appreciate and support employing other BMPs/conservation measures to minimize impacts to migratory birds. For some example conservation measures to avoid and minimize impacts to birds, please refer to our Migratory Bird Program website.2

The project area is rich with raptor nesting habitat, and species such as peregrine falcons are known to nest within rock faces of the material sites along the Alaska Highway, including some of the material sites located on Tetlin NWR. We reviewed our raptor nest database and while there are no documented historical peregrine nests at the Paradise Hill Pit, there is always the potential for birds to begin nesting in any material site with suitable nesting habitat. Suitable peregrine nesting sites on rock faces could be ledges exposed to the elements, small nooks in the rock, or small ledges with a rock roof for shelter (see attached photos). Other species known to use material sites include cliff swallows, which like to nest under rock overhangs, and bank swallows which like to nest in sand/gravel stockpiles that are left with a vertical face on them.

Although these may be artificial sites, active nests are still protected under the Migratory Bird Treaty Act.

If future work is expected to begin during the nesting season (May 1 through July 15 for swallows, and about March 1 – July 15 for peregrines), the Service recommends making these sites unattractive to nesting at the end of each mining season, or sometime before the next nesting season. To do this, consider removing or covering rock ledges and overhangs on rock faces, which may provide suitable nesting sites, to prevent falcons and cliff swallows from nesting. To discourage bank swallows from building cavity nests in material stockpiles, we recommend avoiding vertical faces by leaving a slope less than 70 degrees on sand/gravel stockpiles. Additionally, removing old, inactive nests before birds return will discourage easy nesting at the same nest site (note: it is prohibited to remove an active migratory bird nest, or an active or inactive eagle nest without a permit; see eagle section below).

Due to potential timing conflicts between nesting birds and material extraction at this site, and other sites proposed for use by ADOT&PF under different contracts (e.g., Island Lake Site at MP 1231, Granite Hill at MP 1250, Scottie Creek at MP 1226.5), the Service held a meeting on September 1, 2021, with the ADOT&PF, Tetlin NWR, and ADNR. As per our discussion at that meeting, the Service recommends the ADNR advise ADOT&PF to continue working closely

1 https://www.fws.gov/alaska/pages/nesting-birds-timing-recommendations-avoid-land-disturbance-vegetation-clearing 2 https://www.fws.gov/birds/management/project-assessment-tools-and-guidance/conservation-measures.php https://ecos.fws.gov/ipac/ https://www.fws.gov/alaska/pages/nesting-birds-timing-recommendations-avoid-land-disturbance-vegetation-clearing https://www.fws.gov/alaska/pages/nesting-birds-timing-recommendations-avoid-land-disturbance-vegetation-clearing https://www.fws.gov/birds/management/project-assessment-tools-and-guidance/conservation-measures.php with our office and Tetlin NWR regarding appropriate mitigation measures to avoid and minimize impacts to nesting peregrine falcons and other migratory bird species.

Eagles and Their Nests: The Bald and Golden Eagle Protection Act (BGEPA) protects eagles from take,1 including disturbance to their nests, roosts, and foraging sites. The Service maintains an eagle-nest database that provides an indication of past nest activity, which is useful for identifying the presence and suitability of nesting habitat in the project area, but the coverage is limited, and we cannot predict future use. This database does not include any eagle nests within one mile of the proposed project area, however, that does not guarantee that eagles will not nest in the area.

Ultimately, the project proponent is responsible for preventing take of eagles. If a golden eagle nest is discovered within a half mile of the project footprint, a BGEPA permit may be required and we encourage you to contact our office for further assistance. For guidance with bald eagles, please see our webpages for measures to avoid disturbing eagles,2 how to determine the likelihood of disturbing nesting bald eagles,3 and our national eagle management webpage.4

Conclusion: We greatly appreciate your attendance at the September 1, 2021, meeting with the ADOT&PF and the Tetlin NWR. Proactive coordination on these issues is extremely beneficial in helping agencies find workable solutions to conservation challenges. Thank you for this opportunity to comment. Please contact Charleen Buncic at 907-456-0276 or charleen_buncic@fws.gov should you have any questions concerning these comments.

Sincerely, Robert J. Henszey Branch Chief, Conservation Planning Assistance ecc: Brett Nelson, ADOT&PF, Fairbanks Kerri Martin, ADOT&PF, Fairbanks Blair French, ADOT&PF, Fairbanks Shawn Bayless, Tetlin NWR, Tetlin Brent Jamison, Tetlin NWR, Tetlin

1 The Bald and Golden Eagle Protection Act defines “take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb” (16 U.S.C. 668-668c).

2 https://www.fws.gov/alaska/pages/migratory-birds/eagles-other-raptors/eagle-permits/voluntary%20guidance 3 https://www.fws.gov/alaska/pages/migratory-birds/eagles-other-raptors/eagle-permits/disturbance-guidance 4 https://www.fws.gov/birds/management/managed-species/eagle-management.php mailto:charleen_buncic@fws.gov https://www.fws.gov/alaska/pages/migratory-birds/eagles-other-raptors/eagle-permits/voluntary%20guidance https://www.fws.gov/alaska/pages/migratory-birds/eagles-other-raptors/eagle-permits/disturbance-guidance https://www.fws.gov/birds/management/managed-species/eagle-management.php

The following are three photos of the same nest site taken at the Island Lake Quarry off the Alaska Highway.

Photo: Hank Timm. Tetlin NWR. 2007. Nest site circled.

Photo: Hank Timm. Tetlin NWR. 2007. Nest site circled.

Photo: Hank Timm. Tetlin NWR. 2014. Close up view of nest site.

Additional photos from the internet showing examples of peregrine nesting habitat on rock faces:

Credit: blickwinkel / Alamy Stock Photo, Credit: SaportaReport, June 15, 2018. mendobrew.com October 24, 2013 https://www.alamy.com/search/imageresults.aspx?cid=MGC2REEDFNLQJ9JM7C6EA5EQS4S9MCCHZJQWMNFVW58U7BJJ4KQGD2LJBVJTG923&name=blickwinkel&st=12&mode=0&comp=1

Credit: Peter Smith/Alamy Stock Photo, Credit: Connor Paschke, NYDEC Fish & Wildlife Technician.

June 2013. www.alamy.com www.adirondackcouncil.org https://www.abc.net.au/news/2013-10-28/peregrine-falcon-nest-in-tasmania/5050050?nw=0 http://www.alamy.com/ http://www.adirondackcouncil.org/ https://www.abc.net.au/news/2013-10-28/peregrine-falcon-nest-in-tasmania/5050050?nw=0

STATE OF ALASKA

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF MINING, LAND AND WATER

X Northern Region

3700 Airport Way Fairbanks, AK 99709

(907) 451-2740

Southcentral Region 550 W 7th Ave., Suite 900C Anchorage, AK 99501-3577

(907) 269-8552

Southeast Region 400 Willoughby, #400 Juneau, AK 99801

(907) 465-3400

MATERIAL SALE CONTRACT

AS 38.05.550 – 38.05.565

Issuance Date: September 15, 2014 Expiration Date: September 14, 2024

ADL #419974

Under AS 38.05.550-38.05.565 (Disposal of Materials) and AS 38.05.810(a) (Public and Charitable Use) and the regulations implementing these statutes, the State of Alaska, Department of Natural Resources (DNR), the seller, whose address is 3700 Airport Way, Fairbanks, Alaska 99709, agrees to sell, and the State of Alaska, Department of Transportation and Public Facilities (DOT&PF), the buyer, whose address is 2301 Peger Road, Fairbanks, Alaska 99709, agrees to buy the material designated in this contract, subject to the provisions that follow:

1. Description: Location, Material, Quantity, and Price.

(a) The material sale area covered by this contract consists of approximately 90.1 acres. This area is designated by the boundaries shown on the attached sale area map, which is made a part of this contract, or as designated on the ground by the seller, and described as follows:

MS 46-2—013-5 located at MP 104 Tok Cutoff Highway within sections 2, 3, 10, and 11, Township 15 North, Range 11 East, Fairbanks Meridian, as shown on Revised Attachment A.

(b) The material to be removed and the price are:

Type of Material No. of Units Unit Price ** Total Price **

Alluvial sand and gravel 300,000 cy $0.50 ** with silt and cobbles

** 11 AAC 05.010(e)(16) requires state, federal and local agencies to pay for materials used in constructing, reconstructing or maintaining a public project as follows: 1) no charge for the first 5,000 cy of material to be used on a project (each year of maintenance constitutes a separate project); and 2) material in excess of 5,000 cy will be charged at the unit price listed in the annual base price schedule established under 11 AAC 71.090 (currently $ 0.50 cy).

2. Payments and Deposits. No part of the materials sold under this contract may be extracted from the sale area by the buyer except in accordance with the following terms:

(a) The buyer shall remit an earnest money deposit in the amount of $ N/A (consistent with 11 AAC

71.045 or 11 AAC 71.065, and no less than $250) along with the bid for a competitive sale contract or at

ADL 419974 Material Sale Contract

102-137 (Rev. 10/01) Page 2 of 12 the time a negotiated sale buyer signs this contract. The seller will retain the deposit to cover administrative costs incurred in offering the material sale, except that if the buyer removes and pays for at least 75% of the material volume covered by this contract, the deposit may be applied, in whole or in part, to the final payment that becomes due under this contract.

(b) Additional periodic installment payments as required in paragraph 2(c) must be made for material extracted as of the date payment becomes due but may not exceed the total purchase price.

(c) Each periodic installment payment becomes due and payable on January 31 of each year without prior notice to the buyer, for the value of material extracted during the calendar year of January 1 through December 31. The installment must be based on records required in paragraph 3 of this contract and must be submitted to the seller no later than January 31 of each year.

(d) An annual report is due by January 31 of each year, without prior notice to the buyer that details the volume of material removed during the calendar year of January 1 through December 31. This report shall be filed regardless of whether material was removed during the reporting period. Failure to file the report by the deadline may result in suspension of the contract and financial penalties. A final accounting and payment for material removed, and a completion statement, must be submitted no later than 30 days following contract completion, or when the contractor has completed removal under the contract, or following termination of the contract by the seller or by operation of law. Whether completion is satisfactory will be decided by the Director of the Division of Mining, Land & Water (DMLW) within 30 days after receiving the final accounting report and completion statement.

(e) If the buyer fails to make a payment provided for in this contract, the seller may, under paragraph 8(b) of this contract, order all material extraction suspended immediately. Materials extracted by the buyer during any period of suspension are considered taken in trespass and are to be charged to and paid for by the buyer at triple the unit contract price. Resumption of the lawful taking of materials may be authorized, in writing, by the DMLW only after the payments in arrears plus the penalty provided for in paragraph 2(f) have been paid.

(f) Material extraction in excess of the contract amount will be considered taken in trespass and at the discretion of the Director, DMLW, Lands Section, charged to and paid for by the buyer at no less than triple the current unit fair market value as established periodically by the Northern Regional Office or up to three times the pecuniary gain realized by the buyer as a result of the trespass. Said trespass penalties are in additional to any other administrative or legal proceedings imposed by state law.

(g) Late Payment Penalty will be the greater of either the fee specified in 11 AAC 05.010 or interest at the rate set by AS 45.45.010(a) will be assessed on a past-due account until payment is received by the seller.

(h) All payments and deposits must be remitted to the DMLW and must be made payable to the Alaska Department of Revenue.

(i) The following special provisions also apply to payments and deposits under this contract:

Should the administrative base price be changed during the term of this contract, the new price will be effective and apply to the material remaining to be extracted under this contract as of the effective date of the price adjustment.

3. Method of Volume Determination.

(a) The method of volume determination for purposes of payment under this contract, along with any special provisions applicable to volume determination, is:

(1) Based on a loose cubic yard quantity as determined by an "in-place" measurement multiplied by a factor of 1.3; or, 102-137 (Rev. 10/01) Page 3 of 12

(2) Based on a loose cubic yard quantity as determined by a daily vehicle count designating type of vehicle and vehicle capacity.

(b) The buyer shall keep accurate and up-to-date records of all materials extracted. These records are subject to verification by check measure and inspection of the buyer's books by the seller at any time without notice.

(c) All measurements are to be made by or under the direct supervision of buyer personnel acceptable to the seller, including a qualified engineer where the seller deems appropriate, with quantities certified by that person.

4. Operating Requirements.

(a) Boundary Lines and Survey Monuments. No boundary mark of the sale area or any survey line or witness tree for any survey corner or monument may be severed or removed, nor may any survey corner or monument be damaged or destroyed. Any violation of this clause requires the buyer to bear the expense of re-establishing the line, corner, or monument by a registered surveyor in a manner approved by the seller.

(b) Location. The buyer is responsible for the accurate location of operations under this contract, including any survey that may be necessary for accurate location unless otherwise specified in this contract.

(c) Survey. An as built survey of the material site is not required at this time.

(d) Extraction Area. This contract authorizes removal of material only from the area defined in Section 1(a) of this contract. The buyer is responsible for properly locating the material site and the working limits within that area, as shown on the attached map.

(e) Potential Processing Activities and Other Authorizations. The issuance of this authorization does not alleviate the necessity of the purchaser to obtain authorizations required by other agencies for this activity. Any asphalt processing or related activities and associated structures will not be allowed without prior approval from DNR, the Department of Environmental Conservation and other agencies that require authorizations from the buyer.

(f) Standard of Operations. The buyer shall properly locate the buyer's operations and buyer's improvements within the sale area, and may not commit waste, whether ameliorated or otherwise. In addition to complying with all laws, regulations, ordinances, and orders, the buyer shall maintain the land in a reasonably neat and clean condition. No construction material, fill, waste asphalt, damaged culverts or any other debris shall be stockpiled within pit boundaries. Stockpiled material and/or overburden shall not be placed in wetlands. After completion, expiration, or termination of the contract, the site will be left in a condition that is acceptable to the seller, and reclaimed in accordance with the approved reclamation plan.

(g) Erosion Control and Protection of Waters. Operations in connection with this contract must be conducted so as to avoid damage to streams, lakes, or other waters and land adjacent to them.

Vegetation and materials may not be deposited into any stream or other waters. Locations and improvements necessary for stream crossings for haul roads must be approved in advance by the seller.

All roads to be abandoned must be treated with measures necessary to prevent erosion in a manner acceptable to the seller. Any damage resulting from failure to perform these requirements must be repaired by the buyer to the satisfaction of the seller. Waters include waters defined in 5 AAC 95.010, Protection of Fish and Game Habitat.

(h) Roads. Before constructing any main haul, secondary or spur road across state land, the buyer shall obtain written approval of the proposed location and construction standards of the road from the seller.

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Road construction must be conducted so as to avoid damage to streams, lakes, or other waters and land adjacent to them.

(i) Water Quality. The buyer shall comply with the State of Alaska water quality standards pursuant to 18 AAC 70, including discharge standards when conducting material washing operations.

(j) Other Authorizations. The issuance of this authorization does not alleviate the necessity of the purchaser to obtain authorizations required by other agencies for this activity.

(k) Fire Protection. The buyer shall take all necessary precautions for the prevention of wildfires and is responsible for the suppression, and must bear the suppression costs, of all destructive or uncontrolled fires occurring in or outside the sale area resulting from any of the buyer's operations under this contract.

The buyer shall comply with all laws, regulations, and ordinances promulgated by all governmental agencies responsible for fire protection in the area.

(l) Supervision. The buyer shall maintain adequate supervision at all times when operations are in progress to ensure that the provisions of this contract and all applicable federal, state, and local laws, regulations, and ordinances governing the operations are enforced. At all times when operations are in progress, the buyer, or a person authorized by the buyer to assume the responsibilities imposed by this contract, shall be present on the sale area.

(m) Agents. The provisions of this contract apply with equal force upon an agent, employee, or contractor designated by the buyer to perform any of the operations relating to extraction of the materials sold under this contract. The buyer is liable for noncompliance caused by any such agent, employee, or contractor.

(n) Access. The seller makes no representations that it will construct or maintain access to the land.

Access over any route not under the seller's control is the responsibility of the buyer. The buyer agrees that any permanent access or right-of-way obtained over privately owned property will provide a permanent easement to the seller.

(o) Alaska Historic Preservation Act. The buyer will consult the Alaska Heritage Resources Survey (907) 269-8721 so that known historic, archaeological and paleontological sites may be avoided. The Alaska Historic Preservation Act (AS 41.35.200) prohibits the appropriation, excavation, removal, injury, or destruction of any state-owned historic, prehistoric (paleontological) or archaeological site without a permit from the commissioner. Should any sites be discovered during the course of field operations, activities that may damage the site will cease and the Office of History and Archaeology in the Division of Parks and Outdoor Recreation (907) 269-8721 and will be notified immediately.

(p) Vehicle Maintenance. Vehicle maintenance will be performed only over an effective impermeable barrier.

(q) Fuel and hazardous substances. No fuel or hazardous substances are to be stored on the subject parcel. Prior written approval from the seller is required for a change in this restriction. Such approval may include additional operating requirements and a change in the amount required for the performance guarantee. The disposal of hazardous substances or hydrocarbons is prohibited.

(r) Notification. The buyer will immediately notify the Department of Natural Resources and the Department of Environmental Conservation by phone of any unauthorized discharges of oil to water, any discharge of hazardous substances (other than oil), and any discharge of oil greater than 55 gallons solely to land and outside an impermeable revetment. If a discharge of oil is greater than 10 gallons but less than 55 gallons it must be reported within 48 hours by phone or fax. If a discharge is less than 10 gallons it may be reported in writing on a monthly basis. If an unauthorized discharge greater than 55 gallons is made to a secondary containment, it must be reported within 48 hours by phone or fax. All fires and explosions must also be reported. The DNR 24 hour spill report number is (907) 451-2678; the fax

102-137 (Rev. 10/01) Page 5 of 12 number is (907) 451-2751. The DEC oil spill report number is (800) 478-9300. DNR and DEC will be supplied with all follow-up incident reports.

(s) Reclamation. Upon completion, expiration, or termination of the contract, the site will be left in a condition that is acceptable to the DMLW and reclaimed in accordance with the DNR approved Mining and Reclamation Guidelines. Reclamation shall be to the standards of the DMLW and shall include repair of access roads to and within the site, disposal of remaining stockpiles, other procedures that will be used to stabilize and reclaim the area and any other site specific measures that may be necessary. This contract is subject to the attached approved reclamation guidelines in accordance with AS 27.19.

Prior to use of the site for any project, the contractor or user shall submit a Project Mining and Reclamation Plan, in accordance with AS 27.19 and 11 AAC 97, to DNR for approval, subject to DOT&PF review. The Plan describes the proposed plan of operation and shall be in compliance with guidelines listed in the approved DOT&PF Mining and Reclamation Guidelines. Upon approval, the Plan will be followed by the contractor or user. The Plan should include a sketch map, narrative, and supplements and amendments as outlined in the DOT&PF Mining and Reclamations Guidelines.

(t) SWPP and APDES. The buyer shall comply with the requirement of the Alaska Pollutant Discharge Elimination System (APES) and if applicable, to maintain and operate the site in accordance with an approved Storm Water Pollution Prevention Plan (SWPP).

(u) Use of Material. This contract authorizes the excavation and use of material for the express purpose of providing material for construction and maintenance of public projects.

(v) Compliance. The Alaska Department of Transportation and Public Facilities (DOT&PF) is the primary operator of the subject material site. All operations of the buyer, including completion, must comply with the provisions of the contract and with the DOT&PF’s Mining and Reclamation Plan for the material site.

The provisions of the contract take precedence over the approved mining and reclamation plan should a contradiction exist. The buyer will not interfere with other operators in the material site. This contract authorizes the removal of pit-run material only. The buyer will contact the local DOT&PF Maintenance and Operations Office prior to removal of material to find out where within the site the material should be extracted.

(w) Public Trust Doctrine. The Public Trust Doctrine guarantees public access to, and the public right to use, navigable and public waters and the land beneath them for navigation, commerce, fishing, and other purposes. This authorization is issued subject to the principles of the Public Trust Doctrine regarding navigable or public waters. The DMLW reserves the right to grant other interest consistent with the Public Trust Doctrine.

(x) Project Specific Operating Requirements.

(1) Floodplain Protection Requirements

A. The site will be developed in cells. Material will be removed beginning with Cell 1 and progressing in numerical order of the cells. Each cell will be reclaimed concurrently with the end of each project period. See Revised Attachment A for the cell configuration.

B. The boundaries between cells 1 – 3 are approximate, and may shift as needed to provide DOT with the material required to complete a project and reclaim the cell concurrently at the end of each project. Actual cell size will be determined by the quantity of material needed for each project.

C. All buffers will be maintained as shown on Revised Attachment A.

D. Reclamation shall include fish and wildlife enhancement strategies such as:

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a. Constructing a channel between the excavated pond and the creek. ADFG should be consulted prior to constructing the channel. The channel should connect to the creek at an angle and should not be constructed perpendicular to the creek.

b. Constructing a shallow littoral zone as indicated in DOT’s Mining and Reclamation Guidelines.

c. Constructing irregular shorelines or islands to maximize the shore-to-water interface;

d. Spreading 2-4 inches of organic materials along the shallow littoral shelf and shoreline to maximize natural revegetation and productivity; and

e. Maintaining a minimum 25-foot wide buffer of native vegetation around all current ponds and any ponds that may be created in the future.

E. Future construction projects that re-open the material site may result in a temporary disruption of the fish habitat created by the excavated pond and channel. This temporary disruption is acceptable because of the benefits of the enhanced fish habitat before and after the temporary disruption.

F. In the event that previously excavated areas north of the creek are found to contain fish, or are connected to the river through river action, DOT will immediately notify ADFG for consultation on the best manner to proceed to protect fish passage and prevent entrapment.

G. Removal of material may occur below the water level of the river only according to the methods and under the conditions specified under the terms of an applicable Alaska Department of Fish & Game, Fish Habitat Permit. Any removal shall occur below the ordinary high water mark. Any slopes or berms within the work area shall be graded smooth on a continuous basis. River diversions, channelization, bank modification or disturbance of vegetation on gravel bars or riverbanks is prohibited without written authorization from the DMLW. Material may not be stockpiled within floodplain areas. The use of explosives is prohibited.

(2) Land Clearing

Avoid vegetation clearing between May 1 and July 15. Migratory bird nests, eggs or nestlings could be destroyed if work is conducted during this period. The Migratory Bird Treaty Act prohibits the willful killing or harassment of migratory birds. If it is not possible to complete clearing, excavation and fill activities in potentially suitable nesting habitats before the nesting season, then other measures for avoiding impacts to breeding migratory birds should be initiated. Contact FWS for more information on other measures. See also http://alaska.fws.gov/fisheries/fieldoffice/anchorage/pdf/vegetation_clearing.pdf

(3) Invasive Species

Implement best management practices for minimizing the introduction and proliferation of invasive plant species, including thoroughly washing equipment before deploying onsite. This is particularly important for work at sites adjacent to rivers, where introduced species can be transported downstream and spread throughout areas that would not otherwise be exposed to invasive species.

(4) Timber Harvest

All timber over 30 feet in length shall be cut and decked to the side in a location where a log truck could load out timber and all harvest will be completed in a clean and orderly manner and will be put up for sale at a further date by the DNR Division of Forestry. DOT shall inform DOF when harvested timber has been cut and decked.

Timber less than five inches in diameter, brush, and slash shall be disposed of so as to minimize the risk of fire and disease. To limit insect infestation, timber more than five inches in diameter http://alaska.fws.gov/fisheries/fieldoffice/anchorage/pdf/vegetation_clearing.pdf

102-137 (Rev. 10/01) Page 7 of 12 shall be decked in areas of the forest with limited sunlight, but not against residual host trees. The log decks should be separated as much as possible from standing trees but also in areas with limited sunlight. Questions should be directed to the Area Forester at 907-451-2601.

5. Indemnity of Seller and Bonding. Not applicable.

(a) The buyer shall indemnify and hold the seller harmless from:

(1) all claims and demands for loss or damage, including property damage, personal injury, wrongful death, and wage or employment claims, arising out of or in connection with the use or occupancy of the land or operations by the buyer or the buyer's successors, or at the buyer's invitation; and

(2) any accident or fire on the land; and

(3) any nuisance on the land; and

(4) any failure of the buyer to keep the land in a safe and lawful condition consistent with applicable laws, regulations, ordinances, or orders; and

(5) any assignment, sublease, or conveyance, attempted or successful, by the buyer that is contrary to the provisions of this contract.

The buyer will keep all goods, materials, furniture, fixtures, equipment, machinery, and other property on the land at the buyer's sole risk, and will hold the seller harmless from any claim of loss or damage to them by any cause.

(b) At the seller's discretion, a buyer may be required to file a bond designed to ensure the buyer's performance and to help protect the seller against any liability that may arise as a result of the activities of the buyer. If required, a bond acceptable to the seller in the amount of $N/A must be filed with the seller at the time of execution of this contract to ensure the buyer's performance and financial responsibility.

6. Improvements and Occupancy.

(a) Any improvements or facilities including crushers, mixing plants, buildings, bridges, roads, etc., constructed by the buyer in connection with this sale and within the sale area must be in accordance with plans approved by the seller.

(b) The buyer must, within 60 days after contract completion or termination of the contract by the seller or by operation of law, remove the buyer's equipment and other personal property from the sale area. After removal, the buyer must leave the land in a safe and clean condition that is acceptable to the seller. If the buyer can demonstrate undue hardship, the time for removal of the improvements under this paragraph may be extended at the seller's discretion.

(c) If any of the buyer's property having an appraised value in excess of $10,000, as determined by the seller, is not removed within the time allowed, that property may, upon 30 days' notice to the buyer, be sold at public auction under the direction of the seller. The proceeds of the sale will inure to the buyer after satisfaction of the expense of the sale and deduction of all amounts then owed to the seller. If there are no other bidders at the sale, the seller may bid on the property, and the seller will acquire all rights, both legal and equitable, that any other purchaser could acquire through a sale and purchase.

(d) If any of the buyer's property having an appraised value of $10,000 or less, as determined by the seller, is not removed within the time allowed, title to that property automatically vests in the seller.

(e) Special provisions. Special provisions applicable to improvements and occupancy under this contract are listed in paragraph 4 of this contract.

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7. Inspection.

(a) The seller must be accorded access, at all times, to the sale area and to the books and records of the buyer, the buyer's contractors, and any sub-contractors relating to operations under this contract for purposes of inspection to assure the faithful performance of the provisions of this contract and other lawful requirements.

(b) At all times when construction or operations are in progress, the buyer shall have a representative readily available to the area of operations who is authorized to receive, on behalf of the buyer, any notices and instructions given by the seller in regard to performance under this contract, and to take appropriate action as is required by this contract.

8. Termination and Suspension.

(a) The seller may terminate the buyer's rights under this contract if the buyer breaches the contract and fails to correct this breach within 30 days after written notice of the breach and an opportunity to be heard.

(b) If the buyer fails to comply with any of the provisions of this contract, the seller may shut down the buyer's operations upon issuance of written notice, until corrective action, as specified by the seller in its notice, is taken. If this corrective action is not taken within 30 days after written notice is served upon the buyer, the seller may terminate the contract under paragraph 8(a) of this contract. The buyer's failure to take immediate corrective action when ordered to remedy dangerous conditions or unwarranted damage to natural resources may be corrected by the seller to prevent danger or additional damage.