Qualifications Mat-Su Dock Permit on Anadromous Lakes

Transcription

1 Qualifications Mat-Su Dock Permit on Anadromous Lakes ALL DOCKS 1. Will your dock be constructed on a lake? If you desire to construct a dock on a stream or river, an individual Fish Habitat Permit is required. Please contact the Palmer office of the Department of Fish and Game, Division of Habitat for additional information regarding permit and review requirements for docks on streams and rivers ( ). 2. Has the lake been specified as important for the spawning, rearing or migration of salmon? In most cases, this would include any lake that hosts salmon of any species. If you have questions about this, please contact the Palmer office of the Department of Fish and Game, Division of Habitat for additional information or a determination of the status of your lake ( ). 3. Are you the upland property owner or an authorized agent of the upland property owner? Are you the actual property owner or are you acting as an agent or contractor for the owner? 4. Will the dock be used exclusively for private non-commercial uses? This Fish Habitat Permit is only valid for non-commercial docks. BIG LAKE DOCKS (Big Lake, Flat Lake and Mirror Lake) 1. Will the surface area of the dock be equal to or less than 450 square feet in size (including access ramps)? 2. Will the dock extend 50-feet or less from the ordinary high water mark of the shoreline? DOCKS on other ANADROMOUS LAKES in the MAT-SU BOROUGH 1. Will the surface area of the dock be equal to or less than 400 square feet in size (including access ramps)? 2. Will the dock extend 40-feet or less from the ordinary high water mark of the shoreline?

2 SARAH PALIN, GOVERNOR DEPARTMENT OF FISH AND GAME DIVISION OF HABITAT 1800 Glenn Highway, Suite 12 Palmer, AK PHONE: (907) FAX: (907) PERMIT FOR THE CONSTRUCTION AND MAINTENANCE OF PERSONAL USE DOCKS ON ANADROMOUS LAKES WITHIN THE MATANUSKA-SUSITNA BOROUGH AGENT/CONTRACTOR: For Official Use Only. PERMIT NO.: PROPERTY OWNER: ADDRESS: CITY: STATE: ZIP: TELEPHONE: DATE ISSUED: DATE EXPIRES: _December 31, 2008 ISSUED BY: Delegation from Denby Lloyd, Commissioner LAKE NAME: AWC NUMBER: WILL THE DOCK BE USED FOR COMMERCIAL PURPOSES? UPLAND PROPERTY DESCRIPTION: Township: Range: Section: ¼ Section: Meridian: Subdivision Name: Lot: Block: Street Address of Property: DOCK DESCRIPTION (ATTACH DRAWING WITH DIMENSIONS): Type: ( ) Floating ( ) Pile Driven Length (from ordinary high water line on shore): Width: Total Square Footage: I certify that that I have read and understand this permit, including all permit conditions and stipulations, and I agree to strictly abide by all of the conditions of this permit, and I affirm that all information provided herein is true. Signature of Applicant Date

3 Fish Habitat Permit Docks on Anadromous Lakes Matanuska-Susitna Borough Pursuant to AS (a) the Department of Fish and Game, Division of Habitat (Habitat) hereby authorizes the construction and maintenance of personal use docks on anadromous lakes within the Matanuska-Susitna Borough. With the exception of docks on Big Lake, this permit authorizes the construction and maintenance of docks that extend 40 feet or less from the ordinary high water mark (OHW) and are 400 square feet or less in area (including access ramps or gangways, ladders or steps). On Big Lake, docks authorized under this permit may not extend beyond 50 feet from OHW on the shoreline, nor may they exceed 450 square feet in surface area (including access ramps or gangways, ladders or steps). Docks authorized by this permit shall be located offshore from any floating wetland vegetation (bogs) and accessed, if necessary, via an elevated light-penetrating walkway. The walkway shall be constructed to provide sufficient light to allow growth of emergent aquatic plant life. This permit is only valid for personal use docks on lakes and is only valid for docks constructed by the upland property owner or with the permission of the upland owner. This permit does not apply to docks constructed in rivers and streams nor does it apply to docks that may be used for commercial purposes. This permit does not authorize the construction of covered docks, boat launches or boat houses in any anadromous waterbody. For the purposes of this permit, a dock is defined as an open structure without walls or roof that is designed and used for access to and from the water rather than for storage, residential use, or other purposes. Structures that do not meet the above criteria may be subject to separate review requirements including a coordinated state review for consistency under the Alaska Coastal Management Program and an individual project review by the Division of Habitat pursuant to AS (Anadromous Fish Act). If your dock is to be located on a lake inside the Alaska State Parks System, please contact them at (907) and obtain the necessary authorizations before you commence construction. The U.S. Army Corps of Engineers (COE) may also require that you obtain written authorization for your dock. Please contact the COE in Alaska at (907) and obtain the necessary authorizations before you commence construction. If any portion of your property is located in a federally designated flood hazard area, contact the Matanuska Susitna Borough, Code Compliance Division for further instructions at (907) If you have any questions relating to the Alaska Coastal Management Program, please contact the Department of Natural Resources, Division of Coastal and Ocean Management at (907) for information and further instructions. If you have any questions regarding permitting requirement or the scope and limitations of this dock permit, please contact the Department of Fish and Game, Division of Habitat at (907) for assistance. If your dock is located within the Matanuska-Susitna Borough Coastal Management District (see attached map), your dock must be constructed in strict accordance with all terms and conditions, including all of the Standard Alternative Measures, contained in Generally Consistent Determination (GCD) 15A (Construction, Use and Maintenance of Docks in Rivers, Lakes and Streams; attached). If your dock is located within the Matanuska-Susitna Borough Coastal Management District, GCD-15A is hereby adopted into the project description and incorporated by reference into this permit. Various lakes within the Matanuska-Susitna Borough have been specified as being important for the spawning, rearing, or migration of anadromous fish pursuant to AS (a); they are used by Page 2 of 4

4 Fish Habitat Permit Docks on Anadromous Lakes Matanuska-Susitna Borough salmon and other anadromous fish for spawning, rearing, or migration. It is possible that a variety of resident fish species also reside in the lake where you are constructing your dock. In accordance with AS (d), approval is hereby given for dock construction and maintenance as specified herein, and subject to the following stipulations: 1. Disturbance of the shoreline and bank below the ordinary high water line, including bank cuts, slopes, and fills, is prohibited. Any exposed earthwork attributable to this project shall be isolated from lake waters and shall be stabilized and revegetated to prevent erosion and the introduction of sediment that may occur both during and after the project. 2. No wheeled or tracked vehicles shall be operated in the open waters of any specified anadromous fish bearing waterway. The placement of support piling and dock sections shall be done by hand or by equipment operating from shore, from a floating barge, or from the ice. Transporting and operating equipment from the ice is specifically not authorized under this permit; an ice-crossing permit from Habitat must be obtained separately. 3. If the bed or banks are inadvertently modified or damaged in any fashion not consistent with provisions of this permit, the Habitat shall be contacted and the bed or banks repaired to the satisfaction of and as directed by the Habitat. 4. The Division of Habitat, shall be notified (phone , FAX , mike.bethe@alaska.gov ) at least 48 hours prior to commencement of construction activities. The recipient of this permit (the permittee) is responsible for the actions of those under their supervision or direction, including contractors, subcontractors, and employees, who perform work to accomplish the approved project. For any activity that significantly deviates from the approved plan, the permittee shall notify Habitat and obtain written approval in the form of a permit amendment before beginning the activity. Any action taken by the permittee or an agent of the permittee 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 Habitat. Therefore, it is recommended that Habitat be consulted immediately when a deviation from the approved plan is being considered. This letter constitutes a permit issued under the authority of AS This permit must be retained on-site during the permitted activity. Please be advised that this determination applies only to activities regulated by Habitat; other agencies also may have jurisdiction under their respective authorities. This determination does not relieve you of the responsibility for securing other permits, state, federal, or local. You are still required to comply with all other applicable laws. Pursuant to 11 AAC , the conditions of this permit are consistent with the standards of the Alaska Coastal Management Program and the Matanuska-Susitna Coastal District Program. 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 Division of Habitat reserves the right to require mitigation measures to correct disruptions to fish and game created by the project that were a direct result of the failure to comply with this permit or any applicable law. The permittee shall indemnify, save harmless, and defend the Division of Habitat, 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 Page 3 of 4

5 Fish Habitat Permit Docks on Anadromous Lakes Matanuska-Susitna Borough performance under this permit. However, this provision has no effect if, and only if, the sole proximate cause of the injury is the result of Habitat s negligence. This permit decision may be appealed in accordance with the provisions of AS Attachments: 1. Matanuska-Susitna Borough Coastal Management District (Map) 2. Generally Consistent Determination GCD-15A -kab cc: M. Agnew, AWT D. Massie, AWT S. Joy, USCOE B. Lance, NMFS T. Oleck, AWT J. Hewitt, USCOE W. Ashton, DEC D. Rutz, ADF&G S. Means, DML&W M. Sullivan, DML&W C. Ballard, DCOM W. Biessel, DPOR T. Atkinson, DCOM J. Renkert, DCOM City of Wasilla City of Palmer City of Houston Page 4 of 4

6 Legend Within Coastal Zone Land Outside Coastal Zone Federal Conservation Units State Legislatively Designated Areas ACMP District Boundary State Approved Dams FERC Dams State Harbors District Location The representation shown here is for graphical purposes only and has no legal standing. For authoritative determinations of whether an area is located in the coastal zone, refer to the current version of the "Coastal Zone Boundaries of Alaska" atlas, prepared by the Alaska Department of Fish and Game, Division of Habitat and Restoration. ENRI ENVIRONMENT AND NATURAL RESOURCES INSTITUTE * UNIVERSITY OF ALASKA ANCHORAGE Matanuska Susitna Borough Coastal Management District

7 GENERALLY CONSISTENT DETERMINATION GCD-15A CONSTRUCTION, USE, AND MAINTENANCE OF DOCKS IN RIVERS, LAKES, AND STREAMS The following activity is consistent with the Alaska Coastal Management Program per 11 AAC when conducted according to the standard alternative measures listed below. This approval does not relieve the applicant from obtaining required permits and approvals from local, State, and federal individual agencies. ACTIVITY DESCRIPTION Construction, use, and maintenance of private non-commercial docks (including boardwalks and pedestrian access ramps) on rivers, lakes, and streams. Covered docks, boat houses, and boat launch ramps are not authorized under this generally consistent determination. Cantilevered walkways and platforms are not covered by this generally consistent determination but may be considered under generally consistent determination GCD-39 (Cantilevered Walkways and Platforms). Authority: AS AS AS AS AAC AAC AAC AAC 18 Section 10, Rivers and Harbors Act (33 U.S.C. 403) Permits: Region: Land Use Permit or Right-of-Way (DNR) Lease (DNR) Special Park Use Permit (DNR/DPOR) Fish Habitat Permit (OHMP) Special Area Permit (DFG) Section 10 Permit (COE) Nationwide Permit 11 (COE) Letter of Permission (COE) Statewide, except primitive management units in the Nushagak Mulchatna Rivers Recreation Management Plan or to permanent docks in management units designated as semi-primitive in the plan. Rev. 3/99 Updated/Approved--05/ of 5 GCD-15A

8 STANDARD ALTERNATIVE MEASURES 1. In rivers and streams, only floating docks are allowed. Docks, not including access ramps or gangways, ladders, or steps (see GCD-38 and GCD-39), may not exceed 400 square feet in size (except on the Kenai River where docks may not exceed 80 square feet in size). Docks shall be removed seasonally, and shall not extend more than 50 feet or 25 percent of the width of the waterbody, whichever is less (except on the Kenai River where the maximum distance is 10 feet at any water level). 2. In lakes, pile supported or floating docks may be allowed. They may not exceed 400 square feet in size, and may not extend more than 40 feet beyond the ordinary high water mark (OHW), except on Big Lake in the Matanuska-Susitna Borough, where they may be 450 square feet and extend 50 beyond the OHW. 3. Piling installation shall be timed and sited to avoid sensitive fish life stages and habitats. DFG may restrict or prohibit piling installation during certain sensitive fish time periods or areas as necessary. 4. Fuel, oil, or any other petrochemical products shall not be stored within 100 feet of the OHW in conjunction with the construction, use, or maintenance of an authorized dock. 5. The wooden portions of docks, access ramps, abutments, or piling shall not be treated with any preservative containing pentachlorophenol or creosote. Wood preservatives must be applied using pressure treatment rather than painted on or allowed to soak into the wood. 6. On all new docks, flotation shall be of materials which will not become waterlogged or sink when punctured. Closed cell (extruded) expanded polystyrene or equivalent material of good quality and manufactured for marine use is required. Lesser quality foam bead flotation may be authorized if it is encased in a protective coating to prevent deterioration with resultant loss of beads. Existing foam flotation will be authorized until it is severely deteriorated and is no longer serviceable or capable of supporting the structure, at which time it no longer complies with this standard alternative measure. 7. The permittee shall protect from damage the land and waters, property, and resources of the State of Alaska in the area covered by and used in connection with this permit. The permittee shall be liable to the state for any damage resulting from negligence or from the violation of the terms of this permit or any law or regulation applicable to the use of state parks or other state lands by the permittee or by the permittee's agents, and employees, contractors, and sub-contractors when acting within the scope of their employment. 8. Neither the construction of this project nor the use of the proposed facility shall interfere with free public use of public roads, trails, waters, or public access easements in the area Rev. 3/99 Updated/Approved--05/ of 5 GCD-15A

9 of their activities. 9. No wheeled or tracked vehicles shall be operated in conjunction with dock construction, use, and maintenance. 10. Banks shall not be altered or disturbed in any way, and no fill material shall be placed in waters or wetlands. DFG and DNR, or the applicable land manager, shall be notified within three working days of any disturbance. Any inadvertent bank cuts, slopes, fill, or other exposed earthwork attributable to the project shall be immediately stabilized, returned to pre-project contours, and revegetated with natural vegetation to prevent erosion which may occur both during and after the project. Additional corrective action may be stipulated as applicable and necessary. 11. Docks shall not restrict access to public land, water, or rights-of-way. 12. The existing bank vegetation shall not be removed or altered to facilitate the installation and removal of the floating dock. 13. Floatation materials shall be contained in some manner to prevent breakup and release into waters. 14. Installation and removal of docks and associated pedestrian access ramps (not boat launches) shall be conducted in such a manner that prevents damage, removal, or alteration of naturally occurring vegetation. Minimum setbacks may be required by coastal districts or by agencies in areas where winter ice movement is known to exist and could damage the docks. In areas where winter ice movement is known, minimum setbacks from ordinary high water may be required by agencies or coastal districts between a waterway and docks and access ramps stored on adjacent uplands. The setback is necessary to avoid damage to bank and riparian vegetation. 15. Walkways or ladders extending beyond the OHW for the purpose of connecting floating docks with the shoreline shall not exceed six (6) feet in width. 16. Structures and buoys placed in navigable waters shall be visibly marked and placed in a manner to minimize navigation hazards or obstructions to other uses of coastal habitats. 17. Anchoring methods must be appropriate for the location and able to weather high winds and extreme tides. 18. When facilities are no longer being properly maintained, they must be promptly removed and disposed of in an approved manner. Rev. 3/99 Updated/Approved--05/ of 5 GCD-15A

10 19. For docks placed over or near beds of seagrasses in estuarine habitats, design elements will be included to minimize shading effects such as height, width, and length, northsouth orientation, and light permeable surfaces. Spill Notification 20. The lessee or permittee shall 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. 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 lessee or permittee shall report the discharge within 48 hours and immediately afterwards send DEC a written notice by facsimile, hand delivery, or first class mail. 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 shall be met. The provisions of 18 AAC (Scope and Duration of Initial Response Actions) and other reporting requirements of 18 AAC AAC also apply. The lessee or permittee shall 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: Anchorage (907) , fax (907) ; Fairbanks (907) , fax (907) ; Juneau (907) , fax (907) The DEC oil spill report number outside normal business hours is (800) The lessee or permittee shall 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: Anchorage (907) , fax (907) ; Fairbanks (907) , fax (907) ; Juneau (907) , fax (907) The DEC oil spill report number outside normal business hours is (800) ADVISORIES 1. For activities proposed within 50 feet of the Kenai River, the applicant shall contact the Kenai River Center to determine permit requirements. 2. For activities proposed outside the municipal boundaries of the City of Kenai and the City of Soldotna, the applicant shall contact the Kenai Peninsula Borough Floodplain Administrator to determine permit requirements. 3. For activities proposed in the City of Soldotna within 600 feet of the Kenai River, the applicant shall contact the City of Soldotna to determine permit requirements. Rev. 3/99 Updated/Approved--05/ of 5 GCD-15A

11 4. For activities located in the Coastal Zone Management area of the Matanuska-Susitna Borough, the applicant shall contact the Borough Floodplain administrator regarding the possible need for a Flood Damage Prevention permit. 5. The Alaska Historic Preservation Act (AS ) prohibits the appropriation, excavation, removal, injury, or destruction of any state-owned historic, prehistoric, or archeological site without a permit from the commissioner. Should any sites be discovered during the course of field operations, activities that may damage the site shall cease and the Office of History and Archaeology in the DNR, Division of Parks and Outdoor Recreation at (907) and the appropriate coastal district shall be notified immediately. Rev. 3/99 Updated/Approved--05/ of 5 GCD-15A