ATTACHMENT B INTERAGENCY LAND MANAGEMENT ASSIGNMENT ADL SPECIAL STIPULATIONS

Transcription

1 1. Term of Assignment ATTACHMENT B INTERAGENCY LAND MANAGEMENT ASSIGNMENT ADL SPECIAL STIPULATIONS This Assignment is issued for a 25-year term unless canceled, in whole or in part, sixty days after written notice is provided to the assignee. This assignment is subject to revocation, in whole or in part, if: A. Improper Use non-utilization of the site relative to the approved development plan (Attachment A) is significant; B. Violations the terms and conditions of the assignment are violated; or D. Other Purposes the site is being used for purposes other than those for which the ILMA was issued. 2. Review of Assignment The assignee must report the use of the site to the Division of Mining, Land and Water for a review of this assignment every 5 years 1. The Division of Mining, Land and Water will compare the assignee s reported use to other potential uses of all or part of the land and determine the uses which best serve the public interest. 3. Inspections The assigned land is subject to inspection by the Division of Mining, Land and Water during the term of this assignment in order to determine compliance with the assignment stipulations and conformance with the development plan. 4. Minerals This assignment does not authorize the use of the subsurface estate. 1 Pursuant to AS (b)

2 5. Materials The assignee cannot sell, transfer, or donate material including gravel, sand, rock, or peat to a third party. Material may be used to construct and maintain this facility if the materials are used only within the boundaries of this assignment Returned Land The Department of Transportation and Public Facilities must return any and all land to DMLW restored to an environmental and physical condition acceptable to the Director of DMLW within three (3) years from the date this assignment is abandoned, relinquished, or terminated. This may include rehabilitation of the site and/or removal of any improvements, equipment, and material. 7. Fuel and Hazardous Substances To ensure future use of public lands, fuel and hazardous substance use must occur in a manner that avoids toxic discharge and run-off: A. Containment Fuel and hazardous substance containers must be placed in impermeable containment capable of containing 110% of the volume of the largest fuel container. B. Contiguous Land & Water The Assignee must prevent spills and contamination of contiguous land and water and clean up any oil or other pollutants that result from activities associated with this authorization. C. Equipment Availability The assignee must insure that appropriate spill response equipment is on hand to respond to spills from any transfer or handling of fuel or other hazardous substances. Drip pans and materials, such as sorbent pads, must be on hand to contain and clean up spills from any transfer or handling of fuel. 2 Pursuant to 11AAC ,

3 D. Container Marking All independent fuel and hazardous substance containers must be marked with the contents and the owner's name using paint or a permanent label. E. Fuel Or Hazardous Substance Transfers Secondary containment or a surface liner must be placed under all container or vehicle fuel tank inlet and outlet points, hose connections, and hose ends during fuel or hazardous substance transfers. Appropriate spill response equipment must be on hand during any transfer or handling of fuel or hazardous substances to respond to a spill of up to five gallons. Transfer operations must be attended by trained personnel at all times. F. Proximity to Water Fuel storage containers, including flow test holding tanks and hazardous substances, with a total combined capacity larger than 55 gallons must not be placed within 100 feet of a water body. G. Other Requirements The use and/or storage of hazardous substances by the purchaser/contractor must be done in accordance with existing federal, state and local laws, regulations and ordinances. H. Debris a) Debris (such as soil) contaminated with used motor oil, solvents, or other chemicals may be classified as a hazardous substance and must be removed and disposed of in accordance with existing federal, state and local laws, regulations and ordinances. I. Definitions (1) Containers means any item which is used to hold fuel or hazardous substances, including tanks, drums, double-walled tanks, portable testing facilities, fuel tanks on small equipment such as light plants and generators, flow test holding tanks, slop oil tanks, bladders, and bags. Manifolded tanks or any tanks in a series must be

4 considered as a single independent container. Vehicles are not intended to be included under this definition. (2) Hazardous Substances are defined under AS (5)(a) as an element or compound which, when it enters the atmosphere, water, or land, presents an imminent and substantial danger to the public health or welfare, including fish, animals, or vegetation; (b) oil; or (c) a substance defined as a hazardous substance under 42 U.S.C. 9601(14). (3) Surface Liner means any safe, non-permeable container (e.g., drip pans, fold-a-tanks, etc.) designed to catch and hold fluids for the purpose of preventing spills. Surface liners should be of adequate size and volume based on worst-case spill risk. (4) Secondary Containment means an impermeable diked area or portable impermeable containment structure capable of containing 110 percent of the volume of the largest independent container. Double-walled tanks do not qualify as secondary containment unless an exception is granted for a particular tank. All piping and manifolds must be within secondary containment. 8. Spill Notification The Assignee must A. Notify immediately notify DEC by telephone, and immediately afterwards send DEC a written notice by facsimile, hand delivery, or first class mail, informing DEC of any unauthorized discharges of oil to water; any discharge of hazardous substances other than oil; and any discharge or cumulative discharge of oil greater than 55 gallons solely to land and outside an impermeable containment area. B. Notify in 48 Hours If a discharge, including a cumulative discharge, of oil is greater than 10 gallons but less than 55 gallons, or a discharge of oil greater than 55 gallons is made to an impermeable secondary containment area, the Assignee or Assignee must report the

5 discharge within 48 hours, and immediately afterwards send DEC a written notice by facsimile, hand delivery, or first class mail. C. Monthly Reporting Any discharge of oil, including a cumulative discharge, solely to land greater than one gallon up to 10 gallons must be reported in writing on a monthly basis. The posting of information requirements of 18 AAC must be met. Scope and Duration of Initial Response Actions (18 AAC ) and reporting requirements of 18 AAC 75, Article 3 also apply. D. Follow-up Incident Reports The Assignee or Assignee must supply DEC with all follow-up incident reports. Notification of a discharge must be made to the nearest DEC Area Response Team during working hours: (1) Anchorage (907) , fax (907) ; (2) Fairbanks (907) , fax (907) ; (3) Juneau (907) , fax (907) (4) DEC oil spill report number outside normal business hours (800) Liens and Assessments The Assignee is responsible for paying all liens, assessments or other encumbrances against the property. 10. Transfer of Rights The subject property cannot be subdivided, sold, leased, exchanged or otherwise transferred. 11. Alaska Historic Preservation Act The Alaska Historic Preservation Act (AS ) prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric (paleontological) or archaeological site without a permit from the DNR Commissioner. If any such site is discovered during the course of the permitted activity, Assignee must cease any activity

6 that may damage the site and immediately notify the Office of History and Archaeology, DNR Division of Parks and Outdoor Recreation, at (907) Development Plan Modifications The Department of Transportation and Public Facilities must afford the Division of Mining, Land and Water the opportunity to review and comment on any modification(s) to the development plan (Attachment A) attached and made part of this ILMA upon the date of its issuance. All such modifications must be consistent with land management requirements set forth in AS 38.05, 11AAC and the Haines State Forest Plan.