[From the U.S. Government Printing Office, www.gpo.gov]



      I                          ~~~~~JUNEAU
      I~~~~~WTAD
                               MANAGEMENT
                               PLAN



 1                   _~~~~~ PUBLIC
        *                                ~~~~~~~~~HEARING
                                       DRAFT








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   ~~~~~~ET FCMUIT DEVE          ~LOPEN









CITY AND BOROUGH OF JUNEAU WETLANDS MANAGEMENT PLAN


CITY AND BOROUGH OF JUNEAU

Mayor

Bruce Botelho

City Manaaer

Kevin Ritchie


Assembly

Bruce Botelho, Mayor
McKie Campbell
Errol Champion
George Davidson
Jamie Parsons
Rosie Peterson
Caren Robinson
Rosalee Walker
Clarke Young


Plannina Commission

John MacKinnon, Chairman        U.S. DEPARTMENT OF COMMERCE NOAA
LuAnn Bailey                    COASTAL SERVICES CENTER
Ronald Bolton
Merle Bottge                     2234 SOUTH HOBSON AVENUE
Charles Eaddy                   CHARLESTON, SC 29405-2413
Dennis Egan
John Halterman
Barbara Sheinberg
Reed Stoops


DeDartment of Community DeveloDment

Murray Walsh, Director
Ira Winograd, Assistant Director, Project Manager







                Vroperty of CSC Library





I       ~ACKNOWLEDGMENTS


        This plan would not have been possible without the dedicated
        assistance and review by the City and Borough of Juneau
         Planning Commission Wetlands Committee. The committee members

                            John MacKinnon, Chairman
                                  LuAnn Bailey
                                 John Halterman
                               Barbara Sheinberg
      I                          ~~~~~~~~Reed Stoops
        Special thanks is owed to Barbara Sheinberg and LuAnn Bailey
        for their careful editing and to the CBJ Department of
        Community Development staff who worked on the plan.
                    Kathleen Bailey, Assistant Cartographer
     I                      ~~~~~~~David Goade, Planner
                       Jeanette St. George, Cartographer
                           Gabrielle LaRoche, Planner
                           Tricia Ward, Planning Aide
                          Melissa Zahasky, Secretary
         Administrative guidance was provided by City Manager Kevin
         Ritche, and Assembly wetland liaisons Mayor Bruce Botelho,
        former Mayor Ernie Polley, and Assemblyman McKie Campbell.

if     ~The distinguishing aspect of this plan is the quality of the'
        environmental research which is second to none. The research
        leader was Paul Adamus and he was ably assisted by Dr. Don
I ~~Seigel, Dr. Paul Glasser, Dr. Jim Palmer and Dr. Richard
        Smardon. They in turn were assisted by numerous dedicated
        graduate students, contract employees, and knowledgeable
         resident professionals who generously volunteered their time.
I       ~~Principal field workers were:  Dean Beers, Koren Bosworth,
        Richard Cartensen and Kristen Monk. Outstanding staff support
        was also provided by former CBJ cartographer Lisa Kampmann.

        The environmental field work was reviewed by the Wetlands
        Interagency Technical Advisory Committee. Committee members
        represented the State Departments of Governmental
I     ~~Coordination, Community and Regional Affairs, Natural
        Resources, and Fish and Game, and the U.S. Environmental
        Protection Agency, U.S. Fish and Wildlife Service, National
        Marine Fisheries Service, and U.S. Forest Service.
        Generous financial support was provided by the City and
        Borough of Juneau Assembly, with assistance from the U.S.
        Environmental Protection Agency, the State of Alaska Division
        of Government Coordination, and the Department of Community
'3 ~and Regional Affairs.

        All remaining errors and omissions are my own.


                       Ira Winograd, Assistant Director
                    CBJ Department of Community Development








         TABLE OF CONTENTS                                      PAGE

I       ~~CHAPTER I
         Introduction .. . . . . . .                             .1             
I       ~~~Summiary .          . . . . . . .   ..   .1            
            Goals .                 . . . . . . .*                      ........ .  .    2
            History and Context  . . . . . . . . . . ..             .....2
I       ~~~Wetlands Defined. .. .. ........... ...                5
            Natural Functions of Wetlands  . .                   ..........5
            Proposed Permit Process  . . . . . . .........         6
         CHAPTER II
         Methodology and Data Sources . . ............             8
            Step I - Wetlands Classification...........            8
                Environmental Component. ..                        ...........  9
                Public Preference Component.                       ...........10
                Practicable Alternative Component . . .            ......20
                Consolidation.                                     ..................22
            Step II -Management Plan.                         ............ . 27
            Data Base  . . . . . . . . . ..                 ......... . . 28
I       ~~~Footnotes.                                            .....................29

I      ~~CHAPTER III
         Wetland Management Categories and Policies.               ......30
            Management Categories.                                ...............31
I       ~~~Designation Rules ..  ........ . .. .. .. .32
            Definitions. .. .. .. ..  ............34
            Map Appendix -Page Reference ..                        ..........35
            Wetland Management Categories and Classification   .  ..36
            Land Management Chart       .  ........... .  .  .  .  37
            Land Management Maps .............. ..                 .56
I      ~~CHAPTER IV
         Implementation Summary ..                                ...............62
              Regulations.         ..                              ..................62
               General Regulatory Policies.                       ...........63
               Permits for Discharge of Dredged or Fill Material .65
               Processing of Permits ..                 .....    ...... . .  66
 I         ~~~~Enforcement.          .... . . ....... . .   . .    ..71
               Public Hearings ... .. ......... . .                ..71
               Considerations for Tax Purposes.                   .........72
 I          ~~~~Remedies for Violations.                         .............73
            Wetlands Review Board ..                               ..............73
            Mitigation Bank.             .............. . .        ..73
I   ~~DRAFT ORDINANCE.             ..                      ..............Appendix A







LIST OF MAPS AND FIGURES                                  PAGE


Map 1

Wetlands Management Plan Study Area . ... 4

Figure 1

Sample of Wetlands Functions and Values Map Appendix . . 11

Figure 2

Sample of Wetlands Functions and Values Map Appendix  . . 12

Figure 3

Summary of Weighting System Formula ........... 13

Figure 4

Summary of Weighting System Formula ...........             14

Figure 5

Frequency Distribution of Wetland Evaluation Results  .    15

Figure 6

Sample Page from the Blue Book Survey .......... 17

Figure 7

Frequency Distribution of Public Opinion Results  . . . . 18

Figure 8

Distribution of Public Preference Scores ........ 19

Map 2

Wetlands Management Plan Inventory Study Area ...... 21

Figure 9

Land Use Inventory ................... 23

Figure 10

Wetland Management Category Formula . ......... 26

Land Manaaement Mans

Series of Six Wetlands Management Plan Maps ....... 56



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I                              CHAPTER I
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I     ~CHAPTER I


      INTRODUCTION
      Summary
      The Wetlands Management Plan of the City and Borough of Juneau
I   ~(CBJ) is developed to provide predictability for development
      and protection of wetlands, and to shorten wetland permit
      processing time. These are important concerns for Juneau
I   ~residents because a significant portion of remaining
      undeveloped land is wetlands. Wetlands development is
      carefully regulated by the U.S. Army Corps of Engineers (COE)
I   ~and Environmental Protection Agency (EPA) because wetlands
      perform several important environmental functions. These
      include providing important habitat for fish, birds, and
      animals, nurturing commercial and sport fisheries, reducing
I   ~flood damage, and abating water pollution.  At the same time,
      wetlands are relatively flat and easy to build upon. Thus, at
      the center of the controversy over wetlands management is the
I   ~fact that wetlands are a productive part of the natural
      environment and that they are also desired for their
      development potential.
      To achieve the plan's goals of assuring predictability, the
      CBJ established a study area, evaluated the environmental
      functions of the wetlands within it, assessed the availability
I   ~of upland alternatives to wetlands development, and surveyed
      public preferences for wetlands management. These three
      factors are combined to produce a balanced wetlands management
I   ~plan which designates wetlands that are generally suitable and
      unsuitable for development in advance of any specific
      development proposal. This will help provide predictability
      regarding allowable wetlands use.
      A mitigation bank will be available which will, in certain
      cases, allow permit applicants to expeditiously compensate for
I   ~damage to wetlands which would result from their proposed
      development. The mitigation bank will allow development of
      certain wetlands which are generally suitable for development
      such that there is no net loss of wetland values in Juneau.
      Based upon the plan, the CBJ is requesting that the COE
      authorize the CBJ to receive general permitting authority for
      wetlands that are generally suitable for development. if the
      CBJ receives a 'general permit', the review of development
      proposals in generally suitable wetlands will occur locally,
I   ~rather than in Anchorage.  The CBJ would become a 'one-stop
      permitting agency,. This should greatly reduce permit
3     ~processing time.



       I                           ~~~~~~~~~PagelI









        Goals

        The goals of the CBJ Wetlands Management Plan are to:

        1. create a more stable economic environment by making land
3         ~~~use decisions more predictable;
        2. decrease the time it takes for applicants to obtain
3         ~~~decisions on dredge and fill permit applications;
        3. allow careful development of so-me less valuable wetlands;
           and,
1       ~~4. provide protection for moderate and high value wetlands.
         The Wetlands Management Plan allows reasonable development and
        stil provides as mauch protection for the environment as is
        provided by federal regulations and the associated dredge and
        fill permit process.

        By classifying each wetland into one of four categories the
        plan presents an overall balance between development needs of
        Juneau residents and benefits that wetlands provide to the
I      ~~public.  The management categories range from wetlands which
        are most suitable for protection to those which are most
        suitable for development. Established land management
I      ~~categories and decreased permit processing time help
        accomplish the goal of making land use more predictable.

        The plan is also an educational document which provides a
I      ~~great deal of information about individual wetlands.  It
        indicates which wetlands contribute the most to the natural
3      ~~environment.  The inventory of natural functional values gives
        very specific information for each wetland, including water
        flow, salmon stream population estimates, and bird counts.
        This is one of the most complete comparative wetland
        inventories for an area this size.

5       ~~Historv and Context

        Wetlands occupy 54 percent of the study area. The study area
        is about 15 square miles and encompasses most of the
I     ~~developing areas of Juneau.  These areas were recently
        supplied with public water as a result of a $40 million
        expansion of the CBJ public water distribution system. This
1     ~~represents the largest capital project ever constructed by the
        CBJ. The water system is planned to encourage development in
        central corridors and prevent sprawl into environmentally
        sensitive rural areas. The study area for the CBJ Wetlands
        Management Plan includes these developing areas: Mendenhall

       I                            ~~~~~~~~~Page 2









Valley, Auke Bay, Lemon Creek, and North Douglas. The study
area excludes the Mendenhall State Game Refuge.  (See Map 1)I
The location of each wetland had already been determined by
the COE. The COE has mapped, at this time, approximately one
half of all the wetlands in the United States.
Man-made development in the Mendenhall Valley area has
progressed in roughly the following sequence.
1. Pre-World War 1I development consisted of several dairy
   farms near the mouth of Duck Creek and Jordan Creek, some
   fur farms on Duck Creek which utilized the salmon runs for
   animal food, and a few commercial vegetable gardens. The
  A-J Mine had constructed the Mendenhall Loop Road, which
   followed the same route as it does today.  A few residentsI
  were scattered along its length. The airport was built in
  the 1930's. Airport construction altered the mouths of
  Jordan and Duck Creeks.I
2. World War II brought an army camp into the Jordan Creek
  drainage and expanded construction at the Juneau Airport.,3

3. During the post-war years and into the early 1960's several
   events occurred:3

   a. parts of middle Jordan Creek drainage were logged or
     high-graded for timber, with little control over logging
     slash disposal in or near the stream;
  b. portions of the Loop Road were widened, using alluvial
     material from dredged ponds near the road; and,3

  c. the Duck Creek drainage, particularly near its
     headwaters, began to be urbanized with the first tract
     home construction occurring in 1961.
4. During the past two decades urban development in the
  Mendenhall Valley has proceeded at an increased rate,I
  particularly as the result of improved transportation and
   increased state employment. Present population of the
  Valley is estimated to exceed 10,000 people, an increase of
  7,000 since 1967.
If future growth is to remain-~an option, locations for
industrial and residential growth must be found.  The naturalI
values of wetlands must be taken into account in the planning
process to satisfy existing laws, such as the Clean Water Act,
and to assure that growth can progress in the most 
environmentally responsible manner.

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I             ~~ADAMUS STUDY AREA










~~~~~~FiI




                ISLA~MNDJUENALLVLE













     mapi ~~~~~~           Page 4








Wetlands Defined

To most residents the word "wetland" conjures up images of
tidally flooded grassland along Egan Drive. However, the laws
which regulate development in wetlands apply to many areas
that do not fit the conventional image of what a wetland
should look like.  Laws which address wetlands cover streams,U
wet forested areas, ponds, and occasionally flooded areas.

The COE located and mapped Juneau's wetlands, as they have
done throughout the United States.  The definition of wetlandsI
used by the COE requires the presence of the following three
features:3

1. prevalence of plant species typically adapted for life in
  saturated soils;I

2. water sufficient to flood or merely saturate most of the
  soil for at least part of the growing season; and,

3. soil conditions which indicate saturation.I


Natural Functions of WetlandsI

Wetlands can perform a variety of natural functions.
Individual wetlands differ in their effectiveness in
fulfilling each function. The major functions are as follows:
1. ground water recharge to fill underground water tables;

2. discharge to replenish streams during dry periods;

3. moderation of stream water flow fluctuations caused by3
  surface runoff;

4. retention of sediments and trapping of toxicants;3

5. transformation and deposition of nutrients in deltas or
  downstream areas;5

6. support for riparian vegetation which improves habitat for
  aquatic and terrestrial animals;I

7. provision of habitat for animals sensitive to human
  presence;

8. provision of habitat which supports a wide diversity of 
  plants and animals;

9. protecting shorelines and ground from erosion;I


                         Page 5I









         10. provision of recreation areas; and,
1        11~I. protection of downstream areas from flood damage.
        Some of these natural functions are more sensitive to
        development than others. For example, the upward flow of
        ground water known as discharge is relatively insensitive to
        development. The downward flow of water known as recharge is
         relatively sensitive to alterations in the surface ofa
        wetland such as paving. Some functions are sensitive to the
         indirect impacts of development. For example, when
         residential development brings people into a wetland area,
        harm can be done to sensitive wildlife including habitat for
         juvenile salmonids. The most sensitive stage of the life
         cycle for king and coho salmon is the first winter as the
         immature salmon smolt seek shelter from predators in
         surprisingly small stream tributaries.

1       ~~Provosed Permit Process

         The functions listed above are ones widely attributable to
I      ~~wetlands.  in addition to these natural functions, wetlands
        are also desired for development when there is a shortage of
        alternatives. Although wetlands can be expensive to develop.,
U      ~~they are sometimes relatively desirable for development
        because alternative sites are even more expensive to develop.
        Local topography and climate have produced a situation where
        wetlands are prevalent and dry flat land is scarce. Wetland
         issues in Juneau revolve around the importance of wetland
        natural functions and the shortage of developable land.
I       ~~Implementation of the Wetlands Management Plan would help
        resolve these issues by making significant changes in the
        existing permit process. If the management plan is approved,
U      ~~applications for development in wetlands will still be
        reviewed individually, but the review will conform to
        management designations presented in the plan which are
        derived from a comprehensive evaluation of all study area
        wetlands. The evaluation is based on environmental data,
        public preferences for protection and development of
        individual wetlands, and an analysis of practicable
        alternatives to wetlands development within each land use
        zoning category.

3       ~~The CBJ is requesting authority from the COE to issue dredge
        and fill permits for wetlands most suitable for development.
        If this authority ('general permit') is granted, it will have
        several implications to applicants for dredge and fill
        permits.

       I                             ~~~~~~~~~Page 6









1. Owners of wetlands generally suitable for development would
   apply to the CBJ rather than the COE for a dredge and fill
   permit.u
2. For wetlands generally suitable for development, the CBJ
   will presume that less damaging practicable alternatives to
   the proposed development are not available. This
   rebuttable presumption provides for development which is
   not water-dependent.
   Under the existing process, federal regulations state that
   a non water-dependent development cannot be allowed unless
   there is no practicable alternative less damaging to the
   environment. The EPA is directed to presume that there are
   always less damaging practicable alternatives to every non
  water-dependent -development proposed on a wetland.  It isI
   up to the applicant to rebut this presumption and unless
   done so to the to the satisfaction of the EPA, that agency
   will recommend to the COE that the dredge or fill permit beI
   denied.
3. In many cases involving wetlands generally suitable for3
   development, applicants for dredge and fill permits could
  use the mitigation bank to compensate for wetlands
  degradation. The mitigation bank purchases wetlands and.
  makes wetland enhancement improvements.  An applicant usesI
   the bank by making a cash payment to reimburse the bank for
   improvements the bank has already made. 

  The amount of payment is based on the banks expenditures
  which become the cost per mitigation credit. The cost per
  mitigation credit is used to calculate how much an
  applicant must pay the bank to compensate for the amount ofI
   land being degraded. For example, if the bank spent $3,000
  per acre, and an applicant for a dredge and fill permit
  proposes to destroy 1/10 of an acre, the mitigation feeI
  might be $300.
4. The CBJ is also submitting this plan for incorporation into5
  the CBJ Coastal Management Program. If approved, this
  means that state and federal agencies agree with the CBJ's
  wetland designations and management intent. Development
  proposals which are consistent with the management planI
  would then receive a determination from the Division of
  Governmental Coordination that the project is consistent
  with the standards of the Alaska Coastal ManagementI
  Program.



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I       ~CHAPTER 11


3        M~~ETHODOLOGY AND DATA SOURCES

        In order to classify its wetlands into management categories
        the CBJ designed a scientific state-of-the-art methodology.
I      ~~Each step is designed so that any person using the same
        methods will reach the same results.

        The CBJ wetlands management process attempts to consider for
I      ~~all wetlands, in advance of individual permit applications,
        the same comprehensive factors which are specified in the COE
        public interest permit review process for evaluating
I      ~~individual dredge and fill permits.'  The plan considers each
         factor for all wetlands in advance of any individual permit
        application.

I       ~~The CBJ Wetlands Management Plan is a two-step process which
        1) designates each wetland into a management classification,
        and 2) specifies permit evaluation procedures for each
        management classification.

3       ~~Stev I -Wetlands Classification

        The 1986 revisions to the COE regulations state that, "We have
        found through experience in administering the Section 404 
        dredge and fill permit program that wetlands vary in value."12
        This recognition provides the rationale for using a wetlands
        evaluation system to find out the relative value of each
I      ~~wetland.  The CBJ used the Adamus Wetlands Evaluation
        Technique (WET) methodology3 modif ied for Southeast Alaska.4

3       ~~The underlying principle of the 404 regulatory permit review
        process is the broad-based public interest review and its
        general balancing process as explained in the Federal
        Register.

           All factors which may be relevant to the proposal must be
           considered, including the cumulative effects thereof:
I        ~~~among those are conservation, economics, aesthetics,
           general environmental concerns, wetlands, historic
           properties, fish and wildlife values, flood hazards,
I        ~~~floodplain values, land use, navigation, shore erosion and
           accretion, recreation, water supply and conservation, water
           quality, energy needs, safety, food and fiber production,
           mineral needs, considerations of property ownership and, in
           general, the needs and welfare of the people.5
        This statement of Congressional intent indicates that any
I      ~~management plan which identifies in advance how wetlands
        should be managed, must also be based on a comprehensive


                                     Page 8









general balancing process. This process is represented in the
CBJ plan by three components:  1) environmental, 2) publicI
preference, and 3) practicable alternatives. The three
components are separately evaluated using their own data and
methodology. Each wetland is assigned its own ranking for
each of the three components.

Environmental Component:I
The CBJ initiated the planning process by forming a Wetlands
Interagency Technical Advisory Committee.  The CBJ invitedI
representatives from state and federal resource and land use
agencies to nominate their own representatives to the
committee. The committee's goal was to select a methodology
to evaluate wetland biological functions and to provideI
oversight for implementation of the selected evaluation
process.3
As a result of committee discussions and consultation with a
representative of the National Wetlands Technical Council%
the committee selected the Adamus Wetlands Evaluation
Technique. Paul Adamus was retained to evaluate each of the
study area wetlands which had previously been identified and
mapped by the COE. The study area (see Map 1) includes the.
areas of Juneau which are experiencing development pressureI
and are provided with a public water supply. The field work
for the evaluation lasted one year, and the study team
included researchers from Syracuse University, StateI
University of New York at Syracuse, and the University of
Minnesota.7 A number of Juneau resident habitat biologists
were employed to conduct field work including bird surveys and
fish counts.  Professionals associated with the National                  I
Marine Fisheries Laboratory, a variety of state and federal
agencies, and others having particular expertise, contributed
their time to the study.I
Fourteen functions were evaluated for each wetland. Each
wetland function was scored low to high for potentialI
performance within each wetland. These functions are:
groundwater discharge, groundwater recharge, surface
hydrologic control, sediment toxicant retention, nutrient
export, riparian support, erosion sensitivity, salmonidI
habitat, disturbance of sensitive wildlife, regional
ecological diversity, ecological replacement cost,
recreational use potential, recreational use actual, andI
downslope beneficiary sites. The two recreational functions
were derived by a survey and have a lower confidence level
than the other 12.


                          Page 9I










        The results are published in the Wetlands Functions and Values
I      ~~Map Appendix which contains matrixes showing the scores for
        each function in each wetland. The matrixes also contain
        basic land use information for each wetland, including
        availability of municipal water and sewer, property ownership,
        and comprehensive plan land use designations. The matrixes
        are published opposite the corresponding maps of the
        referenced wetlands. See Figures I and 2 for sample pages
        from the map appendix.
        Each map covers one square mile. The maps are photo
        reductions of the original 1:200 scale COE maps identifying
        the location of each wetland. The 1:200 scale is the same
        scale as the CBJ property ownership maps. This enables plat
        maps to be overlayed on wetland maps so that wetlands can be
        located in relation to property lines, streets and other
        landmarks.

3       ~~The CBJ developed a mathematical weighting system to
        consolidate the 14 functions into one overall environmental
        value per wetland.8 See Figures 3 and 4 for a summary of the
        weighting system. A feature of the weighting system is that
        recharge has different importance for human use support
        depending on whether the wetland is adjacent to a public water
         system. This recognizes the fact that the importance of some
I       ~~biological values varies in relation to other factors such as
        whether or not people depend on well water or a public water
        supply.

        The management categories are derived from a statistical
        analysis. A frequency distribution of the final wetland
        environmental scores yielded a range of individual wetland
        scores from 55 to 155. Since the resulting graph approximated
        two normal curves, the wetlands were divided into five
        environmental categories clustered around two means. Each
I      ~~grouping consists of wetlands clustered around similar scores.
        The clustering is statistically calculated by determining
        which scores lie within and beyond one standard deviation from
U      ~~each mean.  See Figure 5 for the frequency distribution of the
        wetland environmental evaluation scores.


I       ~~Public Preference Component:

        After evaluating each wetland's 14 different natural
        functions, the CBJ presented the findings in a large map/chart
        format along with small scale maps showing the location of the
        wetlands.9 Additional charts were included to show relevant
I       ~~land use planning data such as municipal water and sewer
        system locations, property ownership, comprehensive plan land
        use designations, and developability.

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                         |SHEET 54 I                          WETLAND EVALUATION RESULTS


                  525,T40SR65E,C.R.M.|                I FUT3                                                  3A    H4    FS         6    H17 It1
                                                     I Groundwater ODscharoe               L       I       L L        L          r       L       L
                                                     I Groundwater Recharoe                L       L      L       L       L      L       L       L
                                                     ; Surface Hydroloqlc Control          ML      ML             H H     ML     H       H       L
                                                     i Sediment/To.lcant Retention         H       H      ML    MH       ML FL           H      ML
                                                     INutrient Exoort                      H       H      I       L       H      H       L       L
                                                      I EnDaran SuDeort                    H       H       ML     L       H       H      ML      L
                                                     I Erosion Sensiti vty                 L       L       L      L       L       L      L       ML
                                                     I salmnond Habitat                    RH      H       vL     vL      VL  ï¿½L         YL      vL
                                                     I Disturbance Sensitive Wildlife    Hi        Hil  1                 L H  L    4    H4      L
                                                     I Regional Ecological Olversty        HS      Hi H       HS   H      5  H I         L       L
                                                     I Ecological Replacenent Cost         L       L       L      L                      L L                                                                   I
                                                     I Recreational Use/Potential          ML  E L        MH      m       HL     H N             MH
                                                     I Recreational Use/Actual       I     ML      ML     HH      MH      Mt     H       MR    ML
                                                     I Downslope Beneficiary Sites         M           H   H       t      H      L       H       L

                                                      FUNCTIOHN                            WETLAND NBER
                                                                                        M121  WM22   MW23   FN1O
                                                      Groundwater Discharqe               M        L        
                                                      Groundwater Recharge                 L      L       L       L
                                                      Surface Hydroloq1c Control          H       H       H       9H
                                                      Sediment/Toxlcant Retention         HH      Mi      H       H
                                                      Nutrient Lxnort                      H      H       L       L
                                                      Riparian Support                     H      H       L       L
                                                       Erosion Sensitlvitv                  L      M       L      L
                                                       Salnon d Habitat                     4H     H       vI      lI
                                                      Disturbance Sensitive Wildlife        H4     11H2    L      L
                                                       Reqlonal Ecological Diversitye        4     HH4    L        L
                                                       Ecoloqical Reolaceeent Cost          V1H    H       L       L
                                                       Recreational Use/Potential           H      Mt     M1       MI
                                                       Recreational Use/Actual              MH     ML      ML      ML
                                                       Downslope Beneficiary Sites          L      H       H       H


                          NOTE:  Some rating codes are followed by a number  (e.g.H4).  This number has no value connotation,  but is used to
                                  reference the specific criterion used to arrive at the rating. (See Sec. 2.2).

                          SOURCE:  'Juneau Wetlands:  Functions and Values'.  Adamus Resource Assessment,  Inc., August  1987.





                                                                  LAND USE INFORMATION


                                                      I                                  |  FliZIPRE3IMW342 |F3  I3A   HW4 | S1  MY6  | IM NI      WI 9Il
                                                        MUNICIPAL WATER                      N      E    I       IN    IE         E      I    It  E

                                                        MUHICIPAL SEWER                  I        IN  I          ID      IN   IN       I"      I  NI

                                                        PRPERTY OWERHIP                     IP |IP/P  I|         I          i H/P    P  |/-  I  HI/P
                                                        COP PLAN DESIGNATION             I RDR/TA   1/      I      IPU          I RDR/TA I  OS  I RDR/TA I
                                                                                       R. IP                                     OS

                                                                                       I |1211 |M22 | F123 I  W601 
                                                        MUNICIPAL WATER                      E      f E                E
                                                        HUWICIPAL SEWER                           j U       H    i|
                                                        PROPERTY OWNERSHIP'              I  M/P |S/M/P  IP          P
                                                        CDP PLAN DESIGNATION             | RR/TA|RIR/TA II          I


                                                          EXPLANATION O   DATA:
                                                          1.  Municipal Voter:  E * EXISTING UATER  The wetland is within the extsting
                                                                                    municipal water systemn.
                                                                                F ï¿½ FUTURE YATER   The wetland 1s within the "Hunicipal
                                                                                    Water System Five-Year Expansion Plan Map, Jan. 19.
                                                                                    1984."
                                                                                N * NO WATER The wetland is not served by municipal
                                                                                    water, and is not within the planned expansion of
                                                                                    the water system.

                                                          2.  Municipal Sewer:  YES or NO indicates whether the wetland, or a portion of
                                                                                     - t,Ts served by the runicipal sewer system.

                                                          3.  Property Ownership:      ï¿½  U MNICIPAL [CBJI
                                                                                    P  PRIYATE
                                                                                    STAIncludinq UAJ)

                                                          4.  Comprehensive Plan Designations:
                                                                                    RR * Resource Reserve
                                                                                    _a    * Open Space
                                                                                    GfR * Rural Dispersed Residential
                                                                                    RTEOR * Rural Low Density Residential
                                                                                    U1M  * Urban Low Density Residential
                                                                                    T  * Medium Density Residential
                                                                                    T    ï¿½* Transition Area (Increased density when serviced by
                                                                                    e   . Neighborhood Commercial                municipal water.)
                                                                                    T   * General Correrctial
                                                                                    lV - Waterfront Conrmmercial
                                                                                    ZEl  * Waterfront Commercial Industrial
                                                                                    * Industrial
                                                                                    TPU * Institutionai/Public Use

                                   Property  ownership  designations  are  for general  reference;  property  line  alignments are  not guaranteed.


                                SOURCES:  1Municipal  Water System- Five  Year Expansion  Plan Map, CBJ  Engineering Dept.,  rev.  Feb.  1987.
                                            CBJ Street and Property Atlas, CBJ Dept. Community Development, rev. Jan. 1987.
                                            CBJ  Comprehensive  Plan,  CBJ  Dept.  Community  Development,  April  1984.



FIGURE 1

                                                                                     Page 11











                 ~~;  ï¿½-

































                                           TS                                                                                R

















                                     -- ~:"~~H = HIGH STREAMS & TRIBUTARIES
              SEASON CODE                       SPECIES CODE                        IlH = MODERATE HIGH
              Su: = Summer                      c = coho salmon                     M  = MODERATE
              W:  = Winter                      ct: cutthroat trout                 ML = MODERATE LOW               LOCATION OF MONITORING STATIONS:
                                           d = dolly varden char              L  = LOW
              >C  orX           :    -           h = chum salmon                    VL = VERY LOW                   W = WATER QUALITY
              NO SALMONID FISH                   p = pink salmon                    -  =NO RATING                   Q = STAFF GUAGE
              FOUND.                             s = sockeye salmon                                                 G = GROUNDWATER  (Piezometer nest)
                                           sh= steelhead                                                      S = SEDIMENT

              SOURCE:   WETLAND BOUNDARIES, JUNEAU AND VICINITY    Air Photo Mylar Supplied by: Air Photo Tech,  Inc. Preliminary
              Wetland Mapping by: Ott Water Engineers, Inc.; Final Wetland Mapping by: Alaska District Corps of Engineers,
              Regulatory Branch; Date of Photography: 9/24/84; ARA final mapping by: CBJ Department of Community Development,8/87.

              Caution: Many small wetlands not shown are protected by law, as are all wetlands shown, regardless of their ratings.|

 FIGURE 2
                                                                   Page 12
   I~;~ '    


                  I~~~~~~~~~~~~~~~~~~~~9~~"~~.I\~"~ f


            I~~~~~~~~~~~~~























                                          ~~~~ï¿½"h' ~ ~       ~           ~ ~ ~ ~~STEM &j.                                                 TRIBUARIE
                   SESO   CODEL SPEIE   COEIH=MOEAEHG
                    Su  umrl                    c      - =  ooslonM                       HDRT
                              W: Wite         c=  uthrattrutML=  ODRAE   OWLOATONOFMOITRIG   TAIOS
I                                                    d= dllyvaren  har                  L  =LO
                                     3(~~~~ or   __h=cu    amnV  =VR    O                                             AE    ULT
                                       ND SALMOID FISH    = pink   almon        -      NO RATIG                0 = STFF GUAG
                             FOUND.           s     ockeye slmon                                                 G =  ROUNDWATR  (Piezomter nest
                      3 .                      sh= steelhead                                                      S = SEDIMENT~~~~~~~~~~~~~

                             SORE  ETADBUDAIS      EA    N    IINT          i    hooMlrSupidb:   i    ht  Tch   In.   rliinr
                            Wetlnd  appng   y: Ot WterEngneer,  Ic.;Fin l WtadMpin    y    lsaDititCrs   fEgnes











                                                                           Economic
                                                                           Value Based                       Individual
                         Confidence      Component       Sensitivity to    on Availability                    Wetland
                          1 to 3      +  Contribution + Human Presence  + of Substitutes    =   Total  x  Evaluation

     AQUATIC SUPPORT

     Discharge               3                  2                1                 3                   9

     Sed./Tox.               3                  1                1                 1 disch.            6
                                                                                controls

     Nut. Support            3                  1                1                 2                    7

     Riparian                 3                 2                2                 3                   10

     Salmonid                3                  3                3                 2 hatcheries        11

     Erosion                 3                  1                1                 2 drainage          7
                                                                                control      SUM   50

                                       (Aquatic Support) = (Total Function Product)/6
                                                         50/6 =8.33


     HUMAN USE SUPPORT

     Recharge                  3            (1 or 3)*            2             (1 or 3)*             (7 or I I )*

     Recreation pot.           1                1                1                 2                   5

     Recreation act.          1                 2                1                 2                   6

     Hydrologic               3                 3                1                 2 drainage          9
                                                                                control

     Downslope                3                 3                1                 2 drainage          9
     Beneficiary                                                                   control       SUM   36 or 40

                                      (Human Use Support) = (Total Function Product)/5
                                                 36/5 or 40/5 = 7.20 or 8.00

     * Dependent on location of CBJ public water.



     TERRESTRIAL USE SUPPORT

     Disturbance               3                3                3                 3                   12

     Diversity                3                3                 2                 3                   11
                                                                                              SUM   23
                                   (Terrestrial Use Support) = (Total Function Product)/2
                                                         23/2 = 11.5




     In General:   1 = Small correlation
                   2 = Intermediate or indeterminate correlation
                   3 = Strong correlation


    Final Weight =:

    1.  Multiply each support sector by a dummy variable to equalize  relative  importance of each of the three
    components (Aquatic Support, Human Use Support, Terrestrial Support).

                         Aquatic     = i.082 or 1.113
                         Human       = 1.251 or 1.159
           ,*~ ~         Terrestrial =  .783 or  .806

    2.  Add total scores.



Figure 3


                                                         Page 13









    Individual Wetland Evaluation =

   VL=l, L=2, ML=3, M=4, MH=5, H=6, VH=7





                                   Aquatic Support

   Wetland #
    H or M or L
   Score x        Discharge    x 9  =
         "n   ~ Sed./Tox.    x 6  =
         "n   ~ Nut. Support x 7  =
         "n   ~ Riparian        x 10 =
         "n   ~ Salmonid        x 11 =
         "n        Erosion      x 7  =
                                        raw score

                             raw score/6 = AS mean raw score
                                      AS mean raw x 1.082 or x 1.113 = AS weighted



                                      Human Use

    Score x        Recharge x 7 or x 11 =        (depending on location of utilities)
         "n   ~ Recreation Pot. x 5=
      U            Recreation Act  x 6 =
         "n        Hydrologic      x 9=
         "n   ~ Downslope           x 9 =
                                          raw score

                                raw score/5 = HU mean raw score
                                      HU mean raw x 1.251 or x 1.159 = HU weighted



                                     Terrestrial

    Score x        Disturbance x 12 =
         "n        Diversity   x 11 =
                                       raw score

                             raw score/2 = T mean raw score
                                      T mean raw x .783 or x .806 = T weighted




    Final Weighted Score = AS weighted + HU weighted + T weighted


Figure 4

                                       Page 14








                                                                                            LO~











                         LI)                                                             I~~~~~~~~~~~~~~~~~~~~~~L




    D




                           < ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~c            rj




                         w                                                               U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~U
                                                                    CISLC4-NV31N~ 




                    w                                      O~~~~~~~~CSL(-NV3VN - 



                                                                                         Ln
                                     T-  q-  T-   -V---  I-                                  I






Figure5

                                             Page 151









        in addition, a major mapping effort was undertaken to
        graphically present each function using three overlays per
        function (one for very low and medium low; one for medium low,
        medium, and medium high; and one for high and very high
3       ~~values) on large scale base maps.  Additional overlays were
        prepared for relevant land use functions. These functions
        included developability, location of public water and sewer
        and proposed public utilities, property ownership,
I      ~~comprehensive plan land use designations and topography.  Over
        100 large scale maps were produced by the CBJ Department of
        Comumunity Development to illustrate the environmental and land
3 ~~use findings.

        A series of separate base maps were prepared for each
        neighborhood within the study area. Community meetings were
I      ~~then held in each region for presentation of the base maps,
        overlays and explanation of the functions. A special survey
        called the Blue Bookl0 was distributed at the meetings to
        solicit the public's management preferences. See Figure 6 for
        a sample page from the Blue Book straw poll survey. After
        introductory explanations, participants reviewed the large
        scale map overlays. They were then asked to fill out multiple
I         ~~hic responses in the chapter of the Blue Book for wetlands
        in their neighborhood. The Blue Book corresponded page for
        page to the map booklet, however, instead of wetland scores.
I     ~~the Blue Book only contained a blank box for each wetland and
        space for comments. Respondents were asked to place a number
        from one to six in appropriate blank boxes corresponding to
3 ~~their desires for preservation or development.

        The results were published in a Results Blue Book"' which
        consolidated all the written comments for each wetland. The
I      ~~statistical mean public preference score and standard
        deviation for each wetland are also published in the book. A
        frequency distribution of the individual wetland management
I     ~~preference scores was statistically calculated and the
        wetlands were divided into five public preference categories
        to correspond to the number of environmental categories. See
3 ~~Figure 7 for public opinion frequency distribution.

        One aspect of the public preference component is the
        comparison of survey results between 100 public meeting
I     ~~participants surveyed during the first community-wide public
        meeting and random mail survey respondents. Both groups were
        asked the same series of questions regarding their general
3     ~~preferences for preservation and development.  As depicted in
        Figure 812, the meeting attendees represent polarized views in
        comparison to the random survey respondents. See Figure 8 for
         acomparison of public preference scores between survey and
I      ~~workshop participants.

       3                            ~~~~~~~~~Page 16








    ISHEET 541
    WETLAND NUMBER I MW2 I MW3    MW3A I MW4 I MW5 I MW6I

   I"LANDUSE1RATING        I      I       I       I      I    I



    WETLAND NUMBER IMW7 I MW91   MW21    I MW22 IMW23 IMW6 
    LAND USE RATINGj      I  I       I           I  I          I

     RATINGS:
     1 = HIGH DEVELOPMENT; (e.g. Commercial/Industrial)
     2 = MODERATE DEVELOPMENT; (e.g. Residential Subdivisions)
     3 = LOW DEVELOPMENT; (e.g. 2.5 acre Residential Lots)
     4= NO DEVELOPMENT
     5 = RETAIN CURRENT COMPREHENSIVE PLAN DESIGNATION
     6= NO OPINION OR UNCERTAIN

     COMMENTS:

















     DO YOU OWN ONE OF THE PRIVATELY OWNED WETLANDS? IF SO PLEASE CIRCLE THE WETLAND
     AND WRITE YOUR NAME AND ADDRESS.





                                (page #same as map appendix)

Figure 6

                                          Page 17































                                                                                           -CU LL







              N H -                                -    -~~~~~~~~~~~~~





                                                                                            CD









I~ ~~~~~~~~r "tMN                            )an                       CD ) tnC



                     Fig~~~~~~~~~~~~ro   7 ~ ~ ~ ~ ~    ~     ~     ~    ~    e

                 z~ ~~~~~~ae1













                  C~~~~~~~~~~~~~









 CLL
I..(0                                                                      3
 0~

(0 0 
               C                                    I-~~~~~~~~~~~~~~~~~~~~~C


             =6~~~~                                        ~~~~~~~~~~~~~~~~~~~~~~~c CoE 




                    ~~~~~~~~~.CD

  00~~~~~~~~~0


                      H~~~~~~~~~~IM+


                       siuspuodsoH  3UD-9


igure 8~~~~

                                   Page 19~~~~~








        Practicable Alternative Component:

        The practicable alternative component is the relief valve
U     ~~provided in the federal legislation which allows national
        regulations to be rationally implemented in widely differing
        parts of the country. Juneau receives 100 inches of rain a
I      ~~year and the habitable areas are hemmed in by one of the
        world's tallest coastal mountain ranges. Due to Juneau's
        extreme topography and climate, an unusually high percentage
I      ~~of available land is wetlands.  This circumstance of nature
        leaves relatively little dry flat land available as an
        alternative to wetlands development.

        An important question regarding the management of wetlands in
        Juneau is the availability of alternative non-wetland sites
        for development. This study is specially designed to evaluate
        the availability of practicable alternatives.
        Practicable alternatives were derived from a land use
        inventory comparing developed land to developable vacant land
        in each land use zone. Since the area inventoried is larger
        than the study area, the ratio of developable to developed
I 1~~and yields a measure of the relative future community-wide
        need for additional land in each land use zone. See Maps I
        and 2 for a comparison of the study and inventory areas.

*       ~~Each land use zone is rated regarding practicable alternatives
        by comparing supply to demand, and by comparing developable
        uplands to developed land. The supply of land is the amount
        of developable vacant land per zoning classification. The
        future demand for land is derived by extrapolating from
        current land used per capita per zone multiplied by population
*       ~~projections.

        For example, the inventory shows that Juneau has 219 acres of
        developed industrial land and 81 acres of developable
I     ~~industrial uplands.  The ratio of developable to developed
        land is .37, which means that if future residents use as much
        industrial land as current residents, Juneau can accommodate a
        37 percent increase in population before it runs out of
        industrial land.
        Land prices become prohibitively expensive long before the
I     ~~last bit of available land is used.  According to the October
        1988 Cost of Living Index published by the Researchers
        Association of the American Chamber of Commerce, as of the
U     ~~second quarter of 1988, Juneau has the third highest cost of
        living out of 260 participating urban areas. The Juneau cost
        of living exceeds Anchorage, Fairbanks, Ketchikan and Kodiak
        in Alaska. The cost of land is a significant component of the
        local cost of living. The most recent data, Vol. 21 #4, for

       I                            ~~~~~~~~~Page 20









        INVENTORY STUDY AREA

                 Z~~~~~~~~~~~






                      MENDENHALL VALLEYI










                    ISLAND~~~~~~~

                 ~~~~~~~DOUGLAS




Map 2
                   Page 21U









        fourth quarter 1988, shows that Juneau has moved into second
I      ~~place.  The anticipated increase in mining activity will
        increase demand for the limited supply of developable land.
3       ~~The inventory data is derived from property tax files and
        zoning maps. Land is considered developable if:

        1. it is not a wetland;
        2. the slope is less than 20 percent;
        3. the value of the parcel exceeds twice the value of the
I        ~~~structures on the property, if any;

        4. a portion of the property is within 1,200 feet of an
I        ~~~existing road; and,
        5. the land is not reserved in a special non-development
I        ~~~category such as City Park or National Forest.
        Practicable alternatives are defined as follows:
I         ~~~An alternative is practicable if it is available and
           capable of being done after taking into consideration cost,
           existing technology, and logistics in light of overall
I        ~~~project purposes.  If it is otherwise a practicable
           alternative, an area not presently owned by the applicant
           which could reasonably be obtained, utilized or expanded or
           managed in order to fulfill the basic purpose of the
           proposed activity, may be considered.

*     ~     ~ach land use zone is placed into one of five practicable
        alternative categories. Wetlands in those zones which have
        the greatest development pressure are placed in the least
        practicable alternative category. For example, the industrial
U      ~~land ratio of 37 percent is in the fourth quintile within the
        CBJ range of land demand/supply ratios (1% to 150%). All
        wetlands which are zoned industrial receive a practicable
        alternative score of four, which indicates that there are
        relatively few upland industrial alternatives to development
        of wetlands in industrial zones. A score of one means that
*     ~     ~he most upland practicable alternatives are available, and a
        score of five indicates that the least upland practicable
        alternatives are available for a particular zoning category.
3      ~~See Figure 9 for the land use inventory.

        Consolidation:
I      ~~Each of the three component data sets, environment, public
        preference, and practicable alternatives, is mapped separately

       I                            ~~~~~~~~~Page 22

















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                                                                                    -4
                                                                                       C~~~~t )

                                                                                   U,~~~o



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                                   $4~ ~ ~ ~ ~ ~ ~~~~~~~~~~-                          C)C)



                                        u~~~~~~~~~~~~~~~~~~ =u

                                           ~~D CN 'M~~~(                                 L     O    CDC  W        0
                                                                                     *      Cl)  .-~~~  V 0 r..
                         M -)    C)C                                                                      o-      Q
                                                                                 '.1-                     04)i     
                          4,4  CO                                     to                                  0) r--I~~~~C) 
       co4  -4> 
                                            u~~~  ~~~m~~~o                      4,I  C)             C    CC~~~~~~~~' Q
          Ml          ~U-oU, Lnfl-                                                II 0- CN L) C).4.-                C
                                    CN'   T % ff                                                      -4   Li 

                            U                                                                 -1           . 
                                                                                              's    (DMi.     C



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                                                                                  II~~~    ~t O        44.  M
                                                                                        -4    CC,.  -4~~1-4 )
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                                      ~~  m~~~0r-Ln~~~~~cN~~~~,..       ~      Ln    E-           CN   L&Li4C .



                                     I~~                                                   ~          ~~~~~~~~~~~~~( --  Cl) to
                                                   M CD M M Ln  M  CN M CN r,   Lr)C,,...-C-M

                                     U~ ~ ~ ~~~~~~~~~~~~~~~~~ M                 -4 - -
                                      '~~~~~~~~~~~~~~~~~~~a Mr-, 
                                                                                     L4   r4L             i    L
                                                                                   -Q.j .
                                                                                       'Cl~~.,-   1 



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Figure 9


                                                     Page 23U









        using identical color schemes to show the five categories
I      ~~(low, medium low, medium, medium high, high) within each data
        set. The mapping facilitates comparison of the wetlands to
        see where there is agreement or disagreement between the
        quintile rankings within the three".'study components.

        The three scores for each wetland are then consolidated into
        one wetland management classification per wetland. This
I      ~~overall classification represents a balance of the public
        interest. There is a range of scores based on a preservation
        to development scale. The categories are:
I      ~~1. restricted land use (lands not subject to development);

        2. 'Al wetlands, which can be developed if there is no net
I        ~~~loss of individual functional values in the drainage basin;

        3. IBI wetlands, which can be developed if there is no net
           loss of individual functional values in the community;
        4. IC' wetlands, which can be developed 'if there is no net
           loss of aggregate functional value in the community;

        5. 'DI wetlands, which can be developed using best management
*         ~~~practices; and,
        6. wetlands with enhancement potential (wetlands which are
           available for enhancement projects).

        Restricted management categories represent land use
        restrictions in addition to wetland restrictions. They
        include city and state parks, rural reserves, Tongass National
        Forest, etc. These lands are not available for development
        because of public ownership and associated restrictions.

U       ~~Category A and B wetlands are generally not suitable for
        development. However, they can be developed if adequate
        compensation for wetlands degradation can be provided. Since
U      ~~these wetlands tend to be mote valuable, compensation is more
        difficult than it is for less valuable wetlands.

        Category C wetlands are generally suited to development. They
        can be developed if the proposed project design is approved
        and mitigation is provided. Mitigation might be provided by
*       ~~mitigation banking or custom mitigation projects.

        A mitigation bank is being initiated by the CBJ. The bank
        will be used to purchase wetlands or construct enhancement
        projects. The value of the protected wetland or enhancement
        project is determined by the WET Rapid Assessment Evaluation

       I                            ~~~~~~~~~Pale 24









in conjunction with the CBJ weighting system. The bank
calculates its cost per acre.  When a category C wetland is
proposed for development, the net loss is calculated and the
developer would make a cash contribution to repay the
mitigation bank. The contribution would be based on the
proportionate cost per acre within the mitigation bank.  TheU
mitigation bank is discussed in more detail in Chapter IV.

Category D wetlands are the most suitable for development.3
Best management practices are required for development and
separate mitigation is not required. Best management
practices are always required for development on any wetland.
Best management practices are defined as:
   Those that are considered feasible (cost, constructability,
   etc.) to the applicant and that, if adopted, will result inI
   a project that generally meets the applicant's purpose and
   need. Modifications can include reductions in scope and
   size; changes in construction methods, materials or timing;I
   and operation and maintenance practices or other similar
   modifications that reflect a sensitivity to environmental
   quality within the context of the work proposed. For
   example, erosion control features could be required on aI
   fill project to reduce sedimentation impacts; or a pier
   could be reoriented to minimize navigational problems.3
Where there is agreement between the rankings in each of the
three components, management classifications are readily
derived.  For example, if a wetland has high environmentalI
value, the public has expressed a preference to protect it,
and it is within a zoning category which has ample undeveloped
land, then the wetland would readily be classified into a
protective category.
Where there is disagreement, a formula solution has been
applied.  The formula is a two-step process.  The WETI
(Wetlands Evaluation Technique) score is used as a first cut
to determine a range of management options. Practicable
alternatives and public preferences are used to select a
specific management category.
The WET environmental evaluation score determines the range of
management options which can be considered for each wetland.  
Public preferences (PP) derived from Blue Book public workshop
scores and the needs of future residents as measured by
practicable alternatives (PA), are given equal weight forU
determining which option is selected within the range of
management options for each wetland. Thus, the environmental
WET score sets the management parameters, and fine tuning is
based on public preferences and future needs. Figure 10
illustrates this formula.

                           Page 25I
















               UNPUT DATA Practicable                           Public
              WET                  Alternatives              Preference
            (Adamus)               (Inventory)              (Blue Books)

        High value    1             Abundant  1            Preservation 1
        Medium High   2                        2                         2
        Medium value  3             Moderate  3                          3
        Medium Low    4                        4                         4
        Low value     5             Scarce    5            Development  5




        CLASSIFICATION FORMULA

        Step 1: The WET (Wetlands Evaluation Technique, Adamus) score determines the classification range of
        Management Categories.

             High WET (1) (extreme score) = A or B Management Range.

             Medium High WET (2) (intermediate score) = B or C Management Range.

             Medium WET (3) (intermediate score) = B or C Management Range.

             Medium Low WET (4) (intermediate score) = B or C Management Range.

             Low WET (5) (extreme score) = C or D Management Range.


        Step 2:  For each wetland give equal weight to practicable alternatives (PA) and public preferences (PP)
        by adding the (PA) score and the (PP) score and dividing by two. If the resulting score is:

             Above 3 = Select the least restrictive management classification option in the management range.

             Below 3 = Select the most restrictive management classification option in the management range.

             Equal to 3 = Use best professional judgement based on review of individual functions in the Adamus
                          report and public conmmnents in the Blue Book tabulations. The rationale of the
                          recommendation is noted in the text.



        An example of how this formula works for wetland A 13 (Auke Bay vicinity) is shown below.

             WET Score = 3. Therefore, the Management Range is B or C.
             Public Preference Score = 3
             Practicable Alternative Score = 2
             Average Score = 2.5 (2+3)/2 = 2.5

        Since 2.5 is less than 3, the recommended management category is B.


        In addition, there are five management classification rules which apply to all wetlands. These rules
        provide greenbelts for riverine (rivers) and lacustrine (lakes) systems, and provide limited development
        corridors on affected palustrine (freshwater excluding riï¿½Yrs and lakes) wetlands depending on
        availability of upland alternatives on individual parcels . The rules are presented in Chapter III,
        Management Categories and Policies.








FIGURE 10


                                                       Page 26








SteD 1I - Manacrement Plan
As a result of the classification system, each wetland isU
placed into one of the four management categories, ora
restricted land use or enhancement potential category. The
resulting management categories are displayed on large scale
maps. The maps are a visual depiction of the management plan.
The plan is implemented by an ordinance and regulations which
apply the classifications and management rules to individualI
permit decisions. The ordinance establishes a local permit
review process for category C and D wetlands. However, the
local permit process depends on approval from the COE before
it could be implemented. The CBJ is applying for a 'general
permit' to delegate dredge and fill permit issuance authority
to the CBJ for category C and D wetlands.

A central feature of the proposed local permit review process
is a system for applicants to apply to a Wetlands Review Board
for dredge and fill proposals on category C and D wetlands.I
The Board would be appointed by the CBJ and composed of
Planning Commissioners and technical experts.

The plan will also become a major amendment to the CBJ CoastalI
Management Plan. The Planning Commission will hold public
hearings on this discussion draft which will then be forwarded
to the CBJ Assembly with recommendations. The Assembly will
adopt the draft. It will then be labeled a conceptually
approved document. After conceptual approval it will be
submitted to the State Coastal Policy Council for coastalI
management approval, and concurrently to the COE as evidence
supporting a 'general permit'. The Coastal Management Council
and the COE will distribute the conceptually approved draft
for interagency review.
Once the plan is incorporated into the CBJ Coastal Management
Plan, the CBJ can make consistency recommendations.  TheseI
will be given great weight by state agencies, and should
result in state agencies making recommendations to the COE
which are consistent with the CBJ recommendation.
Even under a coastal management plan, and if the CBJ obtains a
'general permit', each application will be individually
reviewed.  The COE would retain permitting authority for allI
wetlands which are not C and D category wetlands, including
all estuarine wetlands. They would also retain a veto
authority over all local permit decisions.
From the perspective of applicants for dredge and fill permits
on category C and D wetlands, a 'general permit' would make
the CBJ a one-stop permit agency. This would decrease
application processing time and public/private sector costs.
                           Page 27I









        Wetlands Data Base

        The ENVIRONMENTAL BASE DATA is published in two documents:

           "Juneau Wetlands Functions and Values", Adamus Resource
           Assessment Inc., Sept. 1987.

           "Juneau Wetlands Functions and Values Map Appendix", Adamus
           Resource Assessment Inc. and City and Borough of Juneau,
           Sept. 1987. 
        The METHODOLOGY FOR THE ENVIRONMENTAL BASE DATA is published
        in:

           "Rapid Assessment for Southeast Alaska", Adamus. Resource
           Assessment Inc., Sept. 1987.

        The HYDROLOGICAL COMPONENT is published in:

3         ~~~"The Recharge Discharge Function of Wetlands Near Juneau,
           Alaska: Part I Hydrogeological Investigations", Dr. D. I.
           Siegel, in Ground Water vol. 26, No. 4, Sept. Oct., 1988.

I         ~~~"The Recharge Discharge Function of Wetlands Near Juneau,
           Alaska: Part II Geochemical Investigations", Dr. D. I.
3         ~~~Siegel, in Ground Water vol. 26, No. 5, July August, 1988..

        The RECREATION COMPONENT is published in:

3         ~~~"Measuring Human Values Associated with Wetlands: Comparing
           Public Meetings and Sample Surveys", "Human Use Values of
           Wetlands: An Assessment in Juneau, Alaska", and "Visual
           Amenity Value of Wetlands: An Assessment in Juneau,
           Alaska", by Dr. James Palmer and Dr. Richard Smardon in
           Intractable Conflicts and their Transformations.

I       ~~The OVERALL PROJECT METHODOLOGY is published in:

           "Comprehensive Special Area Management Planning - Juneau,
I        ~~~Alaska, Case Study" by Ira Winograd in Urban Wetlands and
           Riparian Habitat, The Association of State Wetland
           Managers, Inc.

I       ~~The PUBLIC PREFERENCES are published by the CBJ in the
        following documents:

3         ~~~"Juneau Wetlands Functions and Values, Land Management,
           Juneau Resident Comments", Ira Winograd, March 1987.

3         ~~~"Public opinion Statistical Review", Ira Winograd and David
           Goade, March 1988.


      I                            ~~~~~~~~~Page 28









Footnotes

 1 Federal Register 33 CFR 320.4, November 13, 1986.

 2 Federal Register 33 CFR, Supplementary Information, part
   320 General Regulatory Policies, p. 41207, Nov. 13, 1986.

 3 A Method for Wetland Functional Assessment, U.S. Dept. of
   Transportation, FHA, March 1983.

 4 Juneau Wetlands Functions and Values, Appendix D, Rapid
   Assessment Method for Southeast Alaska, Adamus Resources
   Assessment, Inc., September, 1987.

 5 Federal Register 33 CFR 320.4(a), November 13, 1986.

 6 Dr. Hank Sather, November 11, 1985 in Juneau, Alaska.

 7 Dr. Don Siegel, Syracuse Univ., "The Recharge Discharge
   Function of Wetlands Near Juneau, Alaska: Part I & II",
   with field work assistance from Dr.Paul Glaser, Univ. of
   Minnesota.

 8 Weighting Procedure and Formula, Ira Winograd, City and
   Borough of Juneau, Department of Community-Development,
   April 13, 1988.

 9 "Juneau Wetlands Functions and Values, Map Appendix",
   September 1987, Paul Adamus, Ira Winograd, Lisa Kampmann,
   Jeanette St. George.

10 "Juneau Wetlands Functions and Values: Land Management,
   Resident Comments", September 1987; Ira Winograd, project
   manager; Jere Smith, graphic artist; City and Borough of
   Juneau.

11 "Juneau Wetlands Functions and Values:  Land Management,
   Resident Comments - Results", March 1987; Ira Winograd,
   project manager; Jere Smith, graphic artist; City and
   Borough of Juneau.

12 Dr. James Palmer and Dr. Richard Smardon, State Univ. of
   New York at Syracuse, "Measuring Human Values Associated
   with Wetlands: Comparing Public Meetings and Sample
   Surveys", p. 36.







                             Page 29



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I                                               CHAPTER III
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I      ~CHAPTER III


        MANAGEMENT CATEGORIES AND POLICIES

        The heart of the Wetlands Management Plan are the maps which
        show how each wetland will be managed. Each wetland is
        designated into one of four management categories representing
        a range from wetlands which are generally suitable for
        development to those which are generally unsuitable. As
        explained in the methodology section, the four management
I       ~~categories are based on an evaluation of environmental
        functions, availability of alternatives to wetlands
        development within each land use zoning category, and an
I      ~~evaluation of public preferences.  In general, these factors
        are the same as those the COE uses to evaluate individual
        permit applications.

I       ~~Whether a permit is actually granted will depend on each
        individual development proposal. However, the permit
3       ~~requirements for wetlands that are generally suitable for
        development (category C and D) are relatively easier to meet
        than those for wetlands that are generally unsuitable for
*       ~~development (category A and B).

        Category A and B wetlands tend to have important environmental
        functions. The public has generally expressed a preference to
        protect them, and there usually are upland practicable
        alternatives to development within the same zoning category.
        Category C and D wetlands tend to have less important
           envromenalfunctions.  The public has generally not
        expressed a preference to protect them, and there are usually
        few practicable upland alternatives to development within the
*       ~~same zoning category.

        Although placement of a wetland into a category is only an
        indication of general suitability and does not authorize
I     ~~approval or denial of a dredge and fill permit, the management
        categories will affect an application in three significant
3 ~~ways.

        1. The management categories indicate whether the CBJ or the
           COE will make the permit decision. For category C and D
           wetlands the CBJ will request permit issuance authority
           from the COE. If permitting authority is granted it would
           mean that owners of category C and D 'wetlands would apply
3         ~~~to the CBJ instead of the COE for a dredge and fill permit.

        2. The management categories indicate whether there is a
           presumption that there are no less damaging practicable
I        ~~alternatives to development of a specific wetland.  For
           category C and D wetlands the CBJ would presume that there


       K                             ~~~~~~~~~Page 30










   are no less damaging practicable alternatives to the
   proposed development. This presumption allows development
   which is not water dependent unless the presumption is
   reversed by the weight of evidence presented during the
   permit review process.

3. If mitigation is required, the management categories
   indicate whether the applicant might use the mitigation
   bank.  For category C and D wetlands, applicants for dredge
   and fill permits could use the mitigation bank to
   expeditiously satisfy any mitigation which might be
   required. The mitigation bank can purchase wetlands and
   make habitat improvements. A person uses the bank by
   making a cash payment to reimburse the bank for
   improvements already made.

In addition to the four management categories, the plan
recognizes wetlands whose management is constrained by
existing restrictions.  These include dedicated parks, Forest
Service land and similar situations. Estuaries are not
classified by this plan.

The plan also includes special policies which apply to all
wetlands within a particular biological/hydrological
classification. Riverine (rivers) and lacustrine (lakes)
wetland policies provide for protective greenbelts.
Palustrine (vegetated non-tidal) wetland policies allow single
family residential development on parcels already affected by
development and subdivided into small tracts where there are
no practicable alternatives.

Manaaement Cateaories

Restricted Management:

Usage is controlled by special land use designations. These
designations include the Mendenhall State Game Refuge, CBJ
parks, reserved open space, and greenbelts.

Category "A" - all individual functional values must be
retained on site.  These wetlands can be dredged or filled
only if there is no net loss of any individual functional
values on a given site. Mitigation projects are confined to
on-site locations within the affected wetland.

Category "B" - all individual functional values must be
retained on the roaded system. These wetlands can be dredged
or filled only if there is no net loss of any individual
functional values within the area served by public roads.


                           Page 31










        Mitigation projects can be off-site but a loss in one function
I      ~~cannot be replaced by a gain in another function.  Mitigation
        must replace.,the particular function which has been degraded.

        Category "Cie - the total functional value must be retained on
        the roaded system. These wetlands can be dredged or filled if
        there is no net loss of total functional value within the area
        served by public roads. Mitigation projects or the mitigation
I      ~~bank can be used to compensate for development.  Mitigation
        might include creation or enhancement of some wetland
        functions to replace other functions which are degraded by
*       ~~dredging or filling activities.

        Category I'D" - loss of functional values will be minimized
        through project design and construction. Mitigation projects
        and banking are not required. These wetlands can be developed
        using best management practices.

        Enhancement Potential:

        These are wetlands where the only allowable activity is
        approved wetland creation and enhancement projects.
        Development activity which creates wetlands or enhances
        functional values of existing wetlands will be allowed.

        Desicrnation Rules
*      ~~The following management designation rules are used in
        conjunction with the management classifications by the
        Wetlands Review Board in the review of permit applications.

I      ~~For riverine wetlands:  All streams with at least an average
        flow of five cubic feet per second shall have a 50 foot buffer
        from each bank measured from the average high water mark. If
I     ~~the surrounding wetland is category A, then the 50 foot
        corridor shall be wetland category A. in all other cases the
        corridor shall be wetland category B. This corridor
I     ~~designation does not apply to sections of streams not adjacent
        to wetlands.

        For lacustrinie wetlands: There shall be a 50 foot buffer from
        the shoreline. If the surrounding wetland is category A, then
        the 50 foot corridor shall be category A. In all other cases
        the corridor shall be category B. This corridor designation
        does not apply to sections of lakes not adjacent to wetlands.
        For palustrine wetlands bordering road corridors and water
*      ~~utility lines:



       I                             ~~~~~~~~~Page 32









1. Undeveloped Darcels with no upland practicable development
   alternatives shall have a 100 foot wetland category C
   designation corridor measured from the road frontage right-
   of-way. Once a dredge or fill permit is obtained and
   utilized, the corridor no longer applies. The wetland
   outside 130 percent of the original dredge and fill
   footprint shall assume the designated wetland management
   category for the rest of the wetland as determined by the
   management category adjacent to the former corridor.

   For example, if the original fill footprint is 1,000 square
   feet, then after a structure is built the fill could only
   be expanded as a category C wetland if the expansion is
   limited to 300 square feet. Any expansion beyond 300
   square feet would be subject to the restrictions of the
   underlying wetland management category.

2. Developed parcels shall have a category C designation for
   130 percent of their existing fill footprint.  The
   surrounding wetland shall retain its designated management
   category as determined by the management category adjacent
   to the development.

   For example, if the existing fill footprint is 1,000 square
   feet, then the existing fill could only be expanded as a
   category C wetland if it is limited to 300 square feet.
   Any expansion beyond 300 square feet would be subject to
   the restrictions of the underlying wetland management
   category.


                      wetland boundary



                   10 2 XI \fill or dredge

                g   ~  CATEGORY B      i         CATEGORY B



                  boundary



          BEFORE DEVELOPMENT               AFTER DEVELOPMENT


3. Undeveloped parcels with uDland Dracticable development
  alternatives shall retain their designated management
  category. Special corridors do not apply.

                             Page 33










         Definitions

*       ~~Development:

         A parcel is considered to be developed when the value of
U       ~~improvements is greater than half the land value.

         Dredged Material:

U       ~~Material that is excavated or dredged from waters of the
         United States.

         Discharge of Dredged Material:

         Any addition of dredged material into the waters of the United
*       ~~States.

         Estuarine Wetlands:

*       ~~Tidal wetlands that are usually semi-enclosed by land but have
         open, partly obstructed, or sporadic access to the open ocean,
         and in which ocean water is at least occasionally diluted by
3       ~~freshwater runoff from the land.

         Fill Material:

I.      ~Any material used for the primary purpose of replacing an
         aquatic area with dry land.

         Discharge of Fill Material:

         The addition of fill material into the waters of the United
3       ~~States.

         Lacustrine Wetlands:

3       ~~Wetlands situated in a topographic depression or a dammed
         river channel, lacking persistent vegetation greater than 30
        percent aerial coverage, and whose total area exceeds 20
I      ~~acres.
        Palustrine Wetlands:

I       ~~Non-tidal wetlands dominated by trees, shrubs, persistent
        emergents, or emergent mosses or lichens.

3       ~~Riverine Wetlands:

        Wetlands contained in a freshwater channel. A channel may be
*       ~~naturally or artificially created.


       I                              ~~~~~~~~~Page 34








Mau Avvendix - Pace Reference

The following is a cross-reference between each wetland map
and the corresponding page in the "Juneau Wetlands FunctionI
and Values Map Appendix". In the following narrative
description of each wetland, the associated map is referred to
by its photography sheet number.  The sheet number can beI
found on the cross-referenced Map Appendix page. The Map
Appendix book contains reductions of large scale aerial
photography sheets which are available for review at the CBJI
Department of Community Development.

                Photography Map Appendix
                   Sheet          PageI

                     27.    ....27
                     31.    ....29
                     32.    ....31
                     33 . . . . . 34
                     37.                     . ...42I
                     38.    ....43
                     39.    ....35
                     40.    ....37
                     41 . ...7I
                     46.    ....45
                     47.    ....47
                     48.                     . ...39I
                     49.....    9
                     50.    ....11
                     53.    ....19
                     54.    ....21
                     55.    ....13
                     56.    ....23
                     57.                     . ...25I
                     58 .....15
                     59.    ....17
                     60 .1..  I
                     61.   ....3
                     63.    ....49
                     64.           ....513
                     65.    ....53
                     66.    ....55
                     67.....    5
                     72.                     . ...57I
                     73. .. ..59
                    74. .. ..61
                    75.           ....633
                    76.    ....65
                    81 . . . . . 68
                    82.    ....69
                    83.    ....71

                        Page 351










         Definitions

*       ~~Development:

         A parcel is considered to be developed when the value of
3       ~~improvements is greater than half the land value.

         Dredged Material:

I       ~~Material that is excavated or dredged from waters of the
         United States.

3       ~~Discharge of Dredged Material:

         Any addition of dredged material into the waters of the United
*       ~~States.

         Estuarine Wetlands:

I       ~~Tidal wetlands that are usually semi-enclosed by land but have
         open, partly obstructed, or sporadic access to the open ocean,
         and in which ocean water is at least occasionally diluted by
         freshwater runoff from the Ian d.

         Fill Material:

I       ~~Any material used for the primary purpose of replacing an
         aquatic area with dry land.

3       ~~Discharge of Fill Material:

         The addition of fill material into the waters of the United
*       ~~States.

         Lacustrine Wetlands:

I       ~~Wetlands situated in a topographic depression or a dammed
         river channel, lacking persistent vegetation greater than 30
         percent aerial coverage, and whose total area exceeds 20
I      ~~acres.
         Palustrine Wetlands:
U       ~~Non-tidal wetlands dominated by trees, shrubs, persistent
         emergents, or emergent mosses or lichens.

I       ~~Riverine Wetlands:

        Wetlands contained in a freshwater channel. A channel may be
I      ~~naturally or artificially created.


       I                              ~~~~~~~~~~Page 34








Mau App~endix - Paae Reference

The following is a cross-reference between each wetland mapI
and the corresponding page in the "Juneau Wetlands Function
and Values Map Appendix". In the following narrative
description of each wetland, the associated map is referred to
by its photography sheet number.   The sheet number can beI
found on the cross-referenced Map Appendix page. The Map
Appendix book contains reductions of large scale aerial
photography sheets which are available for review at the CBJI
Department of Community Development.

                Photography Map Appendix
                   sheet           PageI

                    27 .. .. .27
                    31 .. .. .29
                    32 .. .. .31
                    33 .. .. .34
                    37 . . . . . 42I
                    38.    ....43
                    39 .. .. .35
                    40 .       .  ...37
                    41    .    .   ... 7
                    46 .. .. .45
                    47 .. .. .47
                    48 .. .. .39U
                    49 .. .. .9
                    50 .. .. .11
                    53 .. .. .19
                    54 .. .. .21
                    55 .. .. .13
                    56 .. .. .23
                    57 .. .. .25I
                    58 .. .. .15
                    59 .. .. .17
                    60 .1..  I
                    61.   ....3
                    63.    ....49
                    64.             ....511
                    65.    ....53
                    66.    ....55
                    67.....    5
                    72.    ....57
                    73.    ....59
                    74.    ....61
                    75.                        . ...63I
                    76 .. .. .65
                    81 .         . ...68
                    82.             ....695
                    83.    ....71

                       Page 351









Wetland Manaaement Cateaories and Classification

Management Categories:

A. Maintain all individual functional values on site (in
   kind/on-site, one function cannot be substituted for
   another). No off-site mitigation.

B. Maintain all individual functional values on roaded system
   (in kind/off-site, one function cannot be substituted for
   another). Can use off-site mitigation projects.

C. Maintain overall functional value on roaded system (out of
   kind/off-site, one function can be substituted for
   another). Can use mitigation bank.

D. Minimize loss of functional values.  Mitigation projects or
   mitigation bank not needed.


Classification Formula:

Input Data -

                        Practicable             Public
      WET               Alternatives           Preference
   (Adamus)             (Inventory)            (Blue Books)

High value    1          Abundant  1          Preservation 1
Medium High   2                     2                       2
Medium value  3          Moderate  3                        3
Medium Low    4                     4                       4
Low value     5          Scarce    5          Development  5


Step I - The WET (Wetlands Evaluation Technique, Adamus) score
determines the classification range of management categories.

High WET (1) (extreme score) = A or B Management Range.

Medium Hiah WET (2) (intermediate score) = B or C Management
(intermediate) Range.

Medium WET (3) (intermediate score) = B or C (intermediate)
Management Range.

Medium Low WET (4) (intermediate score) = B or C
(intermediate) Management Range.

Low WET (5) (extreme score) = C or D Management Range.



                            Page 36









Stay 2 - For each wetland give equal weight to practicable
alternatives (PA) and public preferences (PP)-by adding the PAU
score and the PP score and dividing by two. If the resulting
score is:
   above 3 =     select the least restrictive managementI
                classification option in the management
                range.5

   below 3 =     select the most restrictive management
                classification option in the management
                range.
   equal to 3 =use best professional judgment based on
                review of individual functions in the Adamus
                report and public comments in the Blue Book
                tabulations, with documentation of rationale.

Example:3

   for Wetland #A13
  WET Score = 3
   Therefore, the management range is B or C.
   Practicable Alternative Score = 2
   Public Preference Score = 3
  Average Score = (2+3)/2 = 2.51
   Since 2.5 is less than 3, the recommended management
   category is B.5

The WET environmental score determines the range of management
options which can be considered for each wetland. The opinion
of current residents (as measured by public preferences (PP)
derived from Blue Book public workshop scores), and community
growth needs which are equivalent to the needs of future
residents (as measured by practicable alternatives (PA)
derived from the land use inventory comparing the demand andI
supply of developable uplands for each zone), are given equal
weight for determining which option is selected within the
range of management options for each wetland.  Thus, the WETI
environmental score sets the management parameters and fine
tuning is based on current preferences and future needs.


Land Xanaaement Chart

The following chart summarizes the application of the formulaU
to derive management categories for each wetland. Each
wetland is listed along with its Wetlands Environmental
Technique score, public preference score and practicableI
alternatives score. The resultant management range and the


                         Page 37U










  final designated management category is shown. This is
  followed by the aerial photography sheet number reference to
  the "Juneau Wetlands Functions and Values Map Appendix".
  There is also a brief narrative description of each wetland,
  including references to its size, general land use features,
  and physical accessibility. Special features are also noted.


  Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                       Range     Category

  Auke Bay:

    Al     4   2  4:D1/D5      3         B-C           C       48

           40 inaccessible forested acres in undeveloped part of
           east valley about midway between Mendenhall River and
           Auke Lake and about midway between Old Glacier
           Highway and Back Loop Road.

    A2     Auke Lake

    A5     1   1  4:D1/D5&RR  2.5        A-B           A&B     38

           44 forested acres within study area plus 45 acres in
           National Forest above Auke Lake between Lake Creek
           and Montana Creek but closer to Lake Creek in a
           general north/south orientation. The lower portion
           encompasses a Lake Creek tributary within an area
           above Back Loop Road. Within the subdivided portion
           of the wetland, if any, beyond the wetlands 5 cfs
           protective B corridor is  also B, the remainder is A.

   A5A    4   2  4:Dl/D5      3         B-C           B       39

           3 inaccessible forested acres in undeveloped part of
           east valley about midway between Montana Creek and
           Lake Creek above Back Loop Road.

   A5B    4   2  4:D1/D5      3         B-C           B       39

           6 inaccessible forested acres in undeveloped part of
          east valley about midway between Montana Creek and
          Lake Creek above Back Loop Road.

   A6     3   2  4:D1/D5      3         B-C           C       47

          3 acres adjacent to the east side of the north shore
          of Auke Lake and bounded on the north by Old Glacier
          Highway. There are residences adjacent to the west
          boundary.

I                             ~~~~~~~~~Page 38










Wetland WET PP PA:Zone (PA+PP)/2 Manaaement Manaaement Sheet
                                     Rangce     Category

Auke Bay continued:

  A7     2   3   4:D3        3.5       B-C          C        47

         101 forested acres north of the intersection of Back
         Loop Road and Old Glacier Highway extending as far
         east to include the U.A.S. student housing and
         traversed by Bay Creek towards the west side.  The
         U.A.S. obtained this land from the CBJ for the
         purpose of University expansion and the CBJ obtained
         it from the State entitlement.

  A8     4   2   4:D3        3         B-C          B        38

         11 inaccessible acres of scrub shrub vegetation
         immediately west of upper Lake Creek north of Auke
         Lake.  A portion of the wetland is located within the
         National Forest.

  A9     3   4  2&5&4:       3&4.5&4   B-C          C&C&C   46
                DlO&LC&D3

         4 acres of forested wetlands west of Bay Creek and
         Auke Bay Elementary School adjacent to residential
         development in Auke Bay.

  A10    2   2  4:D1/D3      3         B-C          B        46

         5 inaccessible forested acres on upper Waydelich
         Creek adjacent to the National Forest.

  All    2   1  4:D1/D3      2.5       B-C          B        46

         15 forested acres bisected by Waydelich Creek.

  A12    4   3  2:D10/D15   2.5        B-C          C        46

         1 acre to the east of Waydelich Creek close to
         residential land in Auke Bay.

  A13    3   3  2:D10/D15   2.5        B-C          B        46

         4 acres of forested land to the west of Waydelich
         Creek.

  A14    5   2  4:RR&D1/D3  3          C-D          C        46

         2 acres of inaccessible forested land on upper Bay
         Creek.

                             Page 39










Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                     Ranqe      Cateqory

Auke Bay continued:

  A15    4   2  4:RR         3          B-C          C        46

         2 acres of scrub shrub vegetation bordering Bay Creek
         adjacent to residential development.

  A17    4   3  5:D5         4          B-C          C        47

         2 acres of scrub shrub vegetation on Federal owned
         land bordering the south side of Back Loop Road to
         the west of Auke Lake.

  A19    5   4  5:LC&GC      4.5        C-D          D        47

         2 acres of scrub shrub vegetation to the east of and
         adjacent to the Auke Bay Elementary School access
         road.

Duck Creek:

  D2     2   1  l:D15        1          B-C        pond(EP)  49
  D3     2   2  l:D15        1.5        B-C        pond(EP)  49
  D4     3   2  1:D15        1.5        B-C        pond(EP)  55
  D5     3   2  1&5:D15&D5  1.5&3.5   B-C          pond(EP)  55
  D6     3   2  5&2:D5&D10  3.5&2      B-C         pond(EP)  55
  D7     3   3  5:LC         4          B-C        pond(EP)  55

         These ponds were created by dredging during
         construction of the Mendenhall Loop Road. Although
         they are linked to Duck Creek, the ponds are
         stagnant. Some are devoid of salmonids and others
         have low populations. The potential for salmonid
         habitat is  medium high and there is potential to
         design the ponds to enhance Duck Creek productivity.
         They are classified as areas with enhancement
         potential (EP).

  D8     2   3  5:LC         4         B-C           B        55

         This is a small wetland adjacent to and south of the
         intersection of Mendenhall Mall Road and the Back
         Loop Road.

  Dll    4   1  l:D15        1         Lakewood Pond          49

         This is a CBJ Park consisting of a pond with
         pedestrian amenities.


                             Page 40









Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                     Rancre     Categorv

Douglas Island East of Eaglecrest Road (Fish Creek):

  DE1    2   2  4:D1         3         B-C           C       64

         5 forested acres adjacent to residential housing and
         bordered by N. Douglas Highway.

  DE2    2   1  4:DI         2.5       B-C    open space B&C65

         172 scrub shrub vegetated acres constituting a
         peninsula on the channel side of N. Douglas Highway
         between Hendrickson Creek and Johnson Creek. Most of
         the interior is CBJ owned and is managed as a
         preserve. The east side, accessed by Gastineau
         Channel at high tide, is B. The platted corridor
         bordering N. Douglas Highway is C.

  DE3 i 1  4:Di&RR           2.5       A-B           A&C   66&75

         95 acres of predominantly scrub shrub vegetation east
         of Hendrickson Creek above N. Douglas Highway. The
         platted corridor bordering N. Douglas Corridor is C.
         The large upper portion is A.

  DE4    1   1  4:DI&RR      2.5       A-B           A&C

         Approximately 500 scrub shrub and forested acres in a
         large bog on the east side of Fish Creek Road above
         N. Douglas Highway as far east as Hendrickson Creek.
         The corridor bordering N. Douglas Corridor is C.
         The large upper portion is A. A significant
         component of the environmental score is the salmonid
         habitat of lower Johnson Creek which is protected by
         the stream corridor of B.  A corridor of 50 feet
         exists on each side of every creek within a wetland
         having an average flow of at least 5 cfs. This
         protective corridor extends through the uplands and
         the lowlands bordering N. Douglas Highway.

  DE5    5   1  4:RR         2.5       C-D           B       75

         3 isolated inaccessible scrub shrub acres.

  DE7    2   2  4:D1         3         B-C           C&A     66

         3 acres of scrub shrub vegetation bisected by a small
         creek adjacent to the south side of N. Douglas
         Highway.


                             Page 41









Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                     Range      Category

Douglas Island East of Eaglecrest Road (Fish Creek) continued:


  DE8    3   1  4:RR         2.5        B-C      B, Federal  75

         Small isolated inaccessible parcel within the
         National Forest.

  DE9    2   2  4:D1         3          B-C          C        65

         5 acres of scrub shrub vegetation adjacent to the
         south side of N. Douglas Highway.

  DE10   2   2  4:D1         3         B-C           C        65

         3 acres of scrub shrub and emergent vegetation
         adjacent to the south side of N. Douglas Highway.

  DW2    2   1  4:D1&RR      2.5       B-C           B&C   64&73

         Approximately 225 scrub shrub and forested acres in a
         large bog on the west side of Fish Creek Road above
         N. Douglas Highway. The corridor bordering N.
         Douglas Corridor is C. The large upper portion is B.
         The south portion is crossed by Fish Creek.

 DW3    4   1  4:RR         2.5       B-C           B        60

         14 isolated inaccessible forested acres west of upper
         Fish Creek Road.

 DW4    4   1  4:RR         2.5       B-C           B      68&73

         22 isolated inaccessible forested acres west of upper
         Fish Creek Road.

 DW5    5   1  4:RR         2.5       C-D           C        82

         10 isolated inaccessible forested acres west of upper
        Fish Creek Road.

 DW6    4   1  4:RR         2.5       B-C           B        73

        1 isolated inaccessible scrub shrub acre west of
        upper Fish Creek Road.





                             Page 42










Wetland WET PP PA:Zone (PA+PP)/2 Manaaement Manaaement Sheet
                                     Range      Categorv

Douglas Island East of Eaglecrest Road (Fish Creek) continued:


  DW7    3   2  4:RR&D1      3         B-C          B&C   64&73

         52 forested acres south of, and partially adjacent
         to, N. Douglas Highway. A small portion of the
         southeast corner is in a C corridor. The remainder
         is B.

  DW8    2   1  4:RR&D1     2.5        B-C          B&C      64

         Approximately 100 forested acres constituting a
         peninsula on the north side of N. Douglas Highway.
         The west side is adjacent to Bayview Subdivision. A
         corridor on the west side is C.

  DW9    2   1  4:RR         2.5     Fish Creek Park         72

         34 scrub shrub acres owned by the CBJ and managed as
         part of the park and open space system.

  DWl1   4   1  4:RR        2.5        B-C          B        73

         8 isolated inaccessible forested acres south of N.
         Douglas Highway.

  DW12   4   1  4:RR         2.5       B-C          B        72

         5 isolated inaccessible forested acres south of N.
         Douglas Highway.

  DW13   5   1  4:RR         2.5       C-D          C        72

         4 isolated inaccessible forested acres south of N.
         Douglas Highway.

  DW15   2   1  4:RR        2.5        B-C          C        72

         5 scrub shrub acres adjacent to N. Douglas Highway on
         the south side.

  DW16   2   1  4:RR         2.5   Mendenhall Game Refuge   72

  DW17   2   1  4:RR        2.5   Mendenhall Game Refuge   72

  DW18   2   1  4:RR         2.5   Mendenhall Game Refuge   72



                             Page 43









Mendenhall State Game Refuge Estuaries:


  ES1   ES2   ES5   ES7   ESll  ES14  ES15  ES16  ES17  ES18
  ESl9  ES22  ES23  ES24  ES25  ES26  ES27  ES28  ES29  ES30
  ES31  ES32  ES40  ES41  ES42


All study area estuaries are part of the Mendenhall State Game
Refuge. Management is in accordance with the specified refuge
regulations. There may be enhancement potential for waterfowl
habitat and public access.



Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                     Range      Categcrory

Jordan Creek:

  Jl     3   1  5:D5         3          B-C           B       41

         18 forested acres north of Jordan Creek.

  J2     1   1  5:D5         3          A-B           A       50

         34 forested acres at the headwaters of Jordan Creek.

 J3     1   1  5:D5         3          A-B           B       50

         3 acres of scrub shrub and forest bisected by Jordan
         Creek and surrounded by developed land. The Jordan
         Creek corridor is B, as is the rest of the wetland
         outside the corridor.

 J4     1   1  5:D5         3          A-B           A     49&50

         Approximately 40 acres of forested wetland adjacent
         to and immediately east of Jordan Creek. The south
         half of the wetland is owned by the State.

 J5     1   1  5:D5         3          A-B           A     49&55

         36 forested and scrub shrub acres.  Jordan Creek
        meanders with the wetland. The northeast portion is
         owned by the State.

 J6     2   2  5&2:D5&D10  3.5&2       B-C           B       55

        21 forested acres. Jordan Creek crosses the wetland
        in a north south direction.


                             Page 44









Wetland WET PP PA:Zone (PA+PP)/2 Manaaement Manaaement Sheet
                                     Ranqe      Category

Jordan Creek continued:

  J7     2   3  2:DO10       2.5        B-C          C        55

         13 forested acres near the northeast corner of Egan
         Drive and Mendenhall Loop Road. Adjacent to existing
         development and crossed by Teslin Street running in a
         north south direction.

  The Recharge-Discharge Function of Wetlands Near Juneau
  Alaska: Part I, p.432, Siegel, Aug. 1988, "Similarly,
  ground-water discharge to Jordan Creek from wetlands is
  probably negligible compared to ground-water discharge from
  mineral soils in the alluvial fans and surface-water
  runoff."


Lemon Creek:

  L1     3   3  5&l:LC&D15  4&2        B-C           C        60

         1 acre fronting Old Glacier Highway near the DOT/PF
         Southeast Regional Office Building.

  L4     2   1  4:RR         2.5       B-C           C        60

         6 acres containing an excavated borrow pit.

  L5     2   1  4:RR         2.5       B-C           C      60&61

         16 acre excavated borrow pit.

  L6     1   1  5&l:D5&D15  3&l        A-B           B&A      61

         37 acres predominated by emergent vegetation with
         scrub shrub and forest on the upper north portion.
         Switzer Creek meanders through the lower portion.
         The CBJ purchased this property as a reserve for a
         future elementary school. The northern most fringe
         is in the National Forest and is category A. The
         remainder is category B except that the Switzer Creek
         corridors are category A.

  L7&7A  4   4  4:I          4         B-C           C        61

         10 acre excavated borrow pit.




                             Page 45









Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                     Range      Category

Lemon Creek continued:

  L8     1   1  l:D15        1         A-B                    67

         10 acres of emergent vegetation between Vanderbilt
         Hill Road and the Pioneers Home, owned by the State.

  L12    2   1  5:D18&GC    3          B-C           B        61

         18 emergent vegetation acres adjacent to the east
         side of Old Glacier Highway and bisected by
         Vanderbilt Creek. The Creek corridors are A to
         protect their high productivity.

  L13    2   3  5:GC         4         B-C           C        61

         1 acre of forested wetland adjacent to Old Glacier
         Highway.

  L14    2   2  5:GC&D18    3.5         B-C          B        61

         9 acres of emergent vegetation with a forested area
         and which is crossed by Vanderbilt Creek. The Creek
         corridors are A to protect their high productivity.

 L15    2   4  5:D5         4.5        B-C          C        61

         1 acre of scrub shrub vegetation adjacent to Mobile
         Haven Trailer Park.

 L17    4   4  4:I          4         B-C           C        61

         2 acres of scrub shrub vegetation.

 L18    2   4  4:I          4          B-C          C        61

         4 acres of emergent vegetation.

 L20    2   3  4:I          3.5       B-C           C        67

         6 acre excavated borrow pit.

 L21    2   3  4:I          3.5       B-C           C        67

        1 acre excavated borrow pit.

 L22    4   2  4:I          3         B-C           C        67

        1 acre excavated borrow pit.

                             Page 46









Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                     Range      Cateqorv

Lemon Creek continued:

  L23    4   4  4:I          4         B-C       C pit/pond  67

         4 acre excavated borrow pit.

  L90    5   3  5:D5&LC      4         C-D         D State   60

         2 acres of scrub shrub vegetation on the north side
         of and adjacent to Old Glacier Highway.

  L91    5   4  5:D5         4.5       C-D           D       60

         2 acres of scrub shrub vegetation on the north side
         of Old Glacier Highway.


Lower Mendenhall River East Side and Airport Vicinity:

  M1     2   3  5:A          4         B-C           C     57&58

         Float plane pond south of and parallel to airport
         runway.  No salmonids.

  MiA    2   2  5:A          3.5       B-C           C       58

         Long narrow pond adjacent to and south of float plane
         pond. No salmonids.

  MIB    2   2  5:A          3.5       B-C           C     57&58

         Forested and scrub shrub wetland south of and
         adjacent to float plane pond.

  MiC    2   2  5:A          3.5       B-C           C     57&58

         Canals south of and adjacent to float plane pond.  No
         salmonids.

  M2     3   1  5:A          3         B-C         pond(EP)  59

         28 acre pond created by gravel pit excavation between
         east end of runway and Egan Drive. No salmonids.
         There is enhancement potential to create riparian
         environment and salmonid habitat.





                             Page 47










Wetland WET PP PA:Zone (PA+PP)/2 Manaaement Manaaement Sheet
                                     Range      Category

Lower Mendenhall River East Side and Airport Vicinity
continued:

  M3     2   2  4:RR         3         B-C           C       59

         13 acres of emergent vegetation adjacent to Egan
         Drive and the gravel pit pond. There is potential
         for mitigation to enhance access to the pond in
         conjunction with enhancement of the pond.

  M4     2   3  5:A          4         B-C           D       58

         This is a small pond adjacent to the north side of
         the runway located in the path of taxiway expansion.
         It is an attractive area for birds which creates bird
         strike hazard conditions. The pond has been drying
         up since the Jordan Creek culvert was enhanced to
         create more rapid flow. Most of the pond will be
         filled by the taxiway extension.

  M5     2   3  5:A          4         B-C           B       58

         3 acres between airport tie down area and fire-crash
         station.  Jordan Creek passes through the site and
         its corridor is A.

 M6     4   5  5:A          5         B-C           C       58

         4 acres adjacent to taxiway next to tie down area.

 M7     2   3  5:GC&A       4         B-C           C       58

         12 emergent growth acres between airport and back of
         Nugget Mall commercial area. Jordan Creek runs down
         the middle of this wetland. The corridor is A.

 M8     4   5  5:A          5         B-C           C       58

         3 acres adjacent to taxiway next to tie down area.

 M9     2   4  4:I          4         B-C           C       58

         5 acres of emergent vegetation on the east side of
        Crest Ave.

 M10    4   5  4:I          4.5       B-C           C       58

         1 acre of emergent vegetarian on north side of and
        adjacent to Yandukin Drive.

                             Page 48









Wetland WET PP PA:Zone (PA+PP)/2 Manaaement Manaaement Sheet
                                     Range      Category

Lower Mendenhall River East Side and Airport Vicinity
continued:

 M13    4   5  5:GC         5          B-C          C        58

         1 acre adjacent to Alpine Ave.

 M14    3   1  2&4&l:D10 1.5&2.5&l   B-C            B        58
                &RR&D15

         3 acres of scrub shrub in a long narrow strip on the
         north side of and adjacent to Egan Drive, mostly
         owned by the State

 M15    4   4  5:A          4.5        B-C          C        58

         Small scrub shrub wetland between Flight Service
         Center and airport plane access ramp.

 M17    4   4  5:LC         4.5        B-C          C        55

         2 acres of scrub shrub at the southeast corner of the
         intersection of Riverside and Egan Drive.

 M18    4   4  5:LC         4.5        B-C          C        55

         1 acre of emergent growth vegetation, owned by the
         State, adjacent to the south side of Egan Drive in
         the vicinity of Mendenhall Mall.

 M19    2   2  5:LC         3.5                              55

         Less than one acre, Duck Creek Greenbelt.

 M20    2   2  5:LC         3.5        B-C                   55

         1 acre, Duck Creek Greenbelt.

 M21    2   3  5:LC         4          B-C                   58

         2 acres, Duck Creek Greenbelt.

 M26    3   2  5&1:D5&D15  3.5&1.5   B-C            C        59

        5 acres of emergent vegetation in a 'z' shape between
        Old Glacier Highway and Egan Drive in the vicinity of
        the old dairy.



                             Page 49









Wetland WET PP PA:Zone (PA+PP)/2 Manaaement Manaaement Sheet
                                     Range      Category

Lower Mendenhall River East Side and Airport Vicinity
continued:

  M27    2   2  5:D5         3.5       B-C           B       59

         6 emergent growth acres in a long narrow strip on the
         north side of and adjacent to Egan Drive east of the
         old dairy farm.

  M49    3   3  5:A          4                               58

         Small parcel, Duck Creek Greenbelt. No salmonids.

  M50    4   4  5&l:A&D15   4.5&2.5   B-C            C       58

         1 acre of scrub shrub vegetation west of Duck Creek.

  M51    2   3  5:A          4                               58

         Duck Creek Greenbelt.

  M52    4   3  5:GC&A       4         B-C           C       57

         Small emergent growth parcel at the northwest end of
         the airport runway.

  M53    2   3  5:A          4                               57

         Duck Creek Greenbelt at the west end of the airport
         runway.


Lower Montana Creek:

 ML1    1   1  4:Dl/D5      2.5       A-B           A&B   39&48

         245 acres in a large patterned fen traversed by
        Montana Creek to the west side of the fen. Although
         it might seem that the fen recharges Montana Creek or
        discharges into an aquifer, the Seigel hydrological
        study determined that there is very little
        hydrological connection between the fen and the Creek
        or an aquifer. The main corridor of Montana Creek is
        protected by a CBJ greenbelt.  The rest of the fen is
        A except for a small wedge shaped B piece next to
        the Back Loop Road.




                             Page 50









Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                     Ranqe      Category

Lower Montana Creek continued:

  ML2    4   2  4:D1/D5      3         B-C           C       48

           1 isolated inaccessible acre of scrub shrub.

  ML15   2   1  4:D1/D5      2.5                             49

         A small isolated strip within the Mendenhall River
         greenbelt.

  ML16   1   2  4:D1/D5      3         A-B           B     32&40

         8 acres in a narrow northeast southwest orientation
         between Back Loop Road and Skaters Cabin Road.

  ML17   4   2  4:D1/D5      3         B-C           C       48

         2 acres of isolated inaccessible forest.

  ML19   2   2  4:D1/D5      3         B-C           B       40

         1 acre pond between the patterned fen and Back Loop
         Road.

  The Recharge-Discharge Function of Wetlands Near Juneau
  Alaska: Part I, Siegel, August, 1988, p.433, "Similarly, the
  amount of ground-water discharge from wetlands to major
  streams is probably too small to be detected by standard
  streamflow measurements."


Mendenhall River Adjacent to Old Glacier Highway (Including
Industrial Blvd. and Mendenhall Peninsula):

 MW1    2   3  4:I          3.5       B-C           C     54&57

         22 acres of emergent vegetation west of the south
         terminus of Old Industrial Blvd. There is an unnamed
         tributary through the southeast segment.

 MW2    1   2  4:I&D1/D5   3          A-B           B     53&57

         Approximately 70 acres of emergent vegetation from
         the industrial developed land on the east to
         Mendenhall Peninsula on the west. Casa del Sol Creek
         meanders in the wetland.



                             Page 51









 Wetland WET PP PA:Zone (PA+PP)/2 Manaaement Manaaement Sheet
                                       Range      Category

 Mendenhall River Adjacent to Old Glacier Highway continued:

   MW3    1   3  4:I&D1/D3   3.5        A-B           B&C     54

          23 acres of emergent vegetation in a north south
          orientation as far north as Old Glacier Highway.
          Casa del Sol Creek meanders in the wetland.

   MW3A   2   3  4:I          3.5       B-C           C       54

          8 acres of emergent vegetation in a relatively narrow
          rectangle orientated in an east west direction
          adjacent to industrially developed land.

   MW4    2   4  4:I          4         B-C           C       54

          13 acres of emergent vegetation in a rectangular
          shape occupying the old sludge disposal site adjacent
          to industrially developed land.

   MW5    3   3  4:I          3.5       B-C           C       54

          20 acres of scrub shrub and forest wetlands adjacent
          to industrially developed land.

   MW6    2   2  4:D1/D5      3         B-C           B&C     54

          40 acres of emergent vegetation, a large portion of
          which is in Brotherhood Park.  A small wooded portion
          in the northwest portion is developed as residential
          and is C. The north portion is publicly owned and is
          B, the rest is managed as a natural park preserve by
          the CBJ.

   MW9    4   3  4:D1/D5      3.5       B-C           C       53

          1  acre of isolated scrub shrub wetland north of Old
          Glacier Highway.

   MWll   2   2  4:D1/D3      3         B-C           B&C     53

          54 acres of forested wetland in the middle of
          Mendenhall Peninsula with a fringe on Engineers
          Cutoff Road.  This fringe is C as is the road and
          utility corridor, the remainder is B.



                               Page 52

I                              ~~~~~~~~~~Page 52









Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                     Range      Category

Mendenhall River Adjacent to Old Glacier Highway continued:

  MW12   5   1  4:RR         2.5       C-D           C       56

  MW13   4   1  4:RR         2.5       B-C           B       56

  MW14   4   1  4:RR         2.5       B-C           B       56

  MW15   4   1  4:RR         2.5       B-C           B       56

  MW16   4   1  4:RR         2.5       B-C           B       56

         These are small isolated inaccessible parcels on the
         ridge of Mendenhall Peninsula.

  MW17   2   1  5:D5         3         B-C           C       54

         3 acre former dredge site which has been graded.
         This is part of land reserved for the future
         development of Diamond City Park.

  MW18   3   3  4:D1/DO10    3.5       B-C           C       53

         Small isolated forested wetland adjacent to Old
         Glacier Highway.

  MWl9   5   3  4:D1/D5      3.5       C-D           D       54
                &Dl/DO10

         4 isolated scrub shrub acres north of Old Glacier
         Highway.

  MW20   2   2  4:D1/D3      3         B-C          C        53

         1 acre of scrub shrub adjacent to Engineers Cutoff on
         the east side.

 MW21   1   2  4:D1/D5&    3          A-B          A&C      54
                Dl/D10

         30 acres of emergent vegetation adjacent to
         Brotherhood Park north of Old Glacier Highway. The
         west half contains small tributaries of Casa del Sol
         Creek which are protected by A corridors.  The north
         portion is publicly owned and is A, while the
         remainder is C.




                             Page 53









Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaqement Sheet
                                     Range      Category

Mendenhall River Adjacent to Old Glacier Highway continued:

  MW22   2   3  4:D1/DO10&   3.5       B-C           B&C   53&54
                D1/D3&I

         17 acres of forested wetland bordering the south side
         of Old Glacier Highway. Casa del Sol Creek flows
         through a portion of the wetland and is protected by
         a B corridor. To the west of the Creek is also B
         while the impacted area adjacent to Old Glacier
         Highway is C.

  MW23   4   4  4:I          4         B-C           C       54

         1 acre of scrub shrub near Mendenhall River.

  MW25   3   1  4:RR         2.5       B-C           B       56

         1 isolated acre of scrub shrub at the east edge of
         Mendenhall Peninsula.

  MW30   2   2  4:D1/D3&I   3          B-C           B       53

         Approximately 10 acres of scrub shrub and forest in a
         north south orientation adjacent to Mendenhall
         Peninsula, bisected by Casa del Sol Creek.

  MW60   4   5  4:1          4.5       B-C           C       54

         5 forested acres in the middle of industrially
         developed land.


Upper Montana Creek:

 UM1    1   1  4:D1/D5&RR  2.5        A-B        A&B&C    32&39

         218 acres composed of a variety of smaller wetlands.
        Montana Creek runs north south along the west
         boundary. The south boundary is the Back Loop Road.
         The forested east segment along Montana Creek Road is
         C except that there is a B transition strip at the
         transition to scrub shrub. The remainder of the
        wetland is A.

 UM6    2   1  4:RR         2.5       B-C           B       32

         9 acres adjacent to and on the east side of Montana
        Creek Road.

                             Page 54









Wetland WET PP  PA:Zone (PA+PP)/2 Manaaement  Manaaement Sheet
                                     Range      Category

Upper Montana Creek continued:

  UM7    3   1  4:RR         2.5        B-C           B       32

         13 isolated inaccessible forested acres.

 UM8    2   1  4:RR         2.5        B-C           B       32

         7 isolated inaccessible forested acres.

  UM9    2   1  4:RR         2.5        B-C           A&B   27&31

         87 acres of scrub shrub and forest adjacent to and on
         the north side of Montana Creek Road. The forested
         section in the southeast corner is B, the remainder
         is A.

  UM10   2   1  4:RR         2.5        B-C           B     31&32

         6 acres of forest and scrub shrub adjacent to and on
         the south side of Montana Creek Road.

  UMll   2   1  4:RR         2.5        B-C           B     27&31

         5 acres of forested wetland adjacent to and on the
         south side of Montana Creek Road. The northern
         portion is in the National Forest.

 The Recharge-Discharge Function of Wetlands Near Juneau
 Alaska: Part I, Siegel, August, 1988, p.432, "the volumes
  of recharge and discharge are small compared to volumes of
  ground water in storage and surface runoff in streams."


















                             Page 55











               JUNEAU WETLANDS MANAGEMENT PLAN

                       MANAGEMENT DESIGNATIONS




















                         M (Enhancement Potentlal]          J       b     y      A5Aw   \  \    X












                           A14













                   Auke Bay
                                Management
                   Wetland       Category

                   A1 -----------C  
                   A2 -----------      - 
                   A5 -----------A&B
                   A5A ----------B
                   A5B ----------B
                   A6 -----------C
                   A7 -----------C                              Management Categories

                   A8 -----------B                              A- Maintain all individual functional values
                   A9 -----------Con site. No oss of any value on site,
                                                            B- Maintain all'individual functional values
                   A10 ----------B                                 on roaded system. No loss of any value
                                                               to region.
                                                            C- Maintain overall functional values on
                   A12 ----------C                                  roaded system. No loss of aggregate value
                                                               to region. (can use preselected mitigation
                   A13 ----------B                                 projects or bank)
                             ~~A14-----  C k~~~D- Minimize  loss of functional values.
                   A14 ----------C (mitigation bank or projects not required)
                   A15 ----------C               M- Enhancement                Potential
                   A17 ----------C
                   Al9 ----------D

                                                           CBJ Department of Community Development


                                                        Page 56
I~ ~~ ~A------                                                      -Mitinalidvda ucinlvle





























                            A8 ï¿½ B ~        ~     ~    ~    ag A-Miti   l   niida   ucinlvle









JUNEAU WETLANDS MANAGEMENT PLAN

          MANAGEMENT DESIGNATIONSI

            Manaqement Catenories

            A- Maintain all individual functional values
              on sit.e. No loss of any value on site.
            B- Maintain all individual functional values
              on roaded system. No loss of any value       N
            C- maintain overall functional values on
              roaded system. No loss of aggregate value
              to region. (can use preaelected mitigation 
            03- Minimize loss of functional values.
              (mitigation bank or projects not requiredi
            M- Enhancement Potential






                                  ~~~~J~~      5 ~~AI
                                                  J6    B
                                              37          C
                                              ml--- C
                                              MIA--- C
                                              ViB----  C
                                              Mlc-- C3

                                              143-   -    C
                                              244---- 0
                                              M.5- _    B
                                              M__  CI
                                              M6--        C
                                                 M   - C

                              _____                _~~~~~M__  IC
           -    ~~~         East Valley                  .1- C

                ~~~~~~~~~~~~~24 15-                               C

                            D2---  M               2417----   C 
                            03---  M               2.18--- 
                            04--   M               Mil9--~--~ green
                            D5         24         M20------green
                            08---   2              M2 I------greenI
                            07--- M                M26---c
                            08--   B               2.27----  B
                            011---   pond          M.49---- green3














    M~~                               ~     ~ ~~~~~ (EnhAnc3 gementPenil5











                      CBJ~~~~     ~  (Enhancement  ofPommntyDvlpentil




                 Page 571





                            -~~~m mm no    m o w " "                                                                                                                   --











    Mantinal individual f...tinni vau...I-.
  ondsd N. I. i.. ... ..... vau N 



Cth- . PMai.                                                                                                                                                       M(nhaincemni~t Potnitiual)vl~a
















                                   inianennein P~~~~~~~~~~~~~~~~~~~~~~~~MtetaM(nhancement Ptnil















                                                                                                                              Wetland    Category

                                                             DW5                                                             DE -          -----C ----                    --- C
                                                                                                                              DE2-          -----open space,  DW6          -----  B

                                                                                                                              DE3     ï¿½     -----A&cBC       DW7     ï¿½     -----B&C
                                                                                                                              DE4     ï¿½     -----A&C         Dwe           -----B&C
                                 ï¿½                                                                                          ~~~~~~~~~~~~~~~~~~~~~~~~~~~~DE5 ï¿½ -----B DW9 ï¿½ -----park
                                                                                                                              DE7 ï¿½ -----C&A                 DWll-----      B
                                                                                                                               DE8          -----B,Fed.       DW12     ï¿½    -----B
                                                                                                                               DE9 ï¿½ -----C DW13-----                        C

                        JUNEAU WETLANDS MANAGEMENT PLAN                                                                      DE10-- - ---C DW15-----    C
                                                         MANAGEMENT DESIGNATIONS ~DW2                                                ï¿½     -----B&C         DW16     ï¿½    -----game refuge
                                                         MANAGEMENT DESIGNAT~~~~~~~~~~aNS ~DW3-                                            -       -       ---B DW17 -     ----game refuge

                                                                                                                               D14     ï¿½-----B                DWlS-         -----game refuge
















 JUNEAU WETLANDS MANAGEMENT PLAN

           MANAGEMENT DESIGNATIONS                                                                                                           L


                                              L91                        t\9L
                                                    L90
                                                            LI

                       EGAN         DRIVE



         Lemon Creek
                    Management  
         Wetland      Category

         L1-----------C                                                  y Pont                      .r .
(D         L4----------- C   L1
VI         L5----------- C   L 
          L6----------- B&A
         L7ï¿½---------C                              C&D                                                                        22
                                         E,----------  ;-       :5:

         L8-------------                            M (Enhancement Potential)                          ..
         L12---------- B 
         L13---------- C                       Management Cateqories
         L14----------B
                                          A- Maintain all individual functional values
                                            L15----------C  on site. No loss of any value on site.
         L17---------- C                       B- Maintain all individual functional values
                  ~~L18---------- C     ~        on roaded system. No loss of any value



         L22 ----------C                          projects or bank)
         L23 ï¿½-------- C pit/pond              D- Minimize loss of functional values.
                  L23----------C pit/pod         (mitigation bank or projects not required)
         L90----------D state                  M- Enhancement Potential
         L91---------- D



                                                                                             CBJ Department of Community Development

              _ C o_                              sie _ _oss _f                    any _a _n sit  . .









                                            JUNEAU WETLANDS MANAGEMENT PLAN
                                                        MANAGEMENT DESIGNATIONS





             I                                              E  ~~~~~~~~~~~~~~~~~~~~~~~~M (Enhancement Potentfal)



                    5                                                                     ~~~~~~~~~~~~~~~~~~~~~Mendenhall








                ~~~~~~~~~~~~~~~~~~~~~~~~~MLI6








                 Wetland      Category
I            ~~~~MLI------A&B
                 ML2            -----    C
                 ML15     ï¿½     -----green
I           ~~~~ML16    ----    B

                 ML19-----    B
I~~~~~m -------A&B&C
                 UM6            -----    B
                 UM7            -----    B
3              ~~~~UM8        -----  B                                      M
                 UM9-          -----A&B







                 Manaqement Categories
                A- Maintain all individual functional value:
~~~~~~~osit.Nlosoanvluonie
               1B- maintain all Individual functional values

                 C- Maintain overall functional values an
I              ~    ~~~~~~projects or bank)
                 0- Minimize loss of functional values.
                    (mitigation bank or projects not required)
5              H~~~~~~- Enhancement Potential


                                                                  CBJ Department of Community Development

                                                                  Page 60








                       JUNEAU WETLANDS MANAGEMENT PLAN

                         n~.   ~ MANAGEMENT DESIGNATIONS                                                                                           5



                 Auke                           A& B
                 Lake


                                    iS J> }     M (Enhancement Potental)







                                                                                   Mw                 ~17

                                     MW18       Mw 19














    !                                                                                                                                                   I















                                                          MW3A --------- C
                                             \ | ;iK MW4---------- C


                                                            MW4----------  C 
                                   \  v                          ~~~~~MW5---------- C 
                                                            MW6 1--------- B&C
                                                            9MW12--------- C

                                                            MW12 ---------   C
                                   if M~MW13--------- . ....B8
                                                            MW15--------- a 
Manaqement Cateqories
                                                            MW16--------- B
A- Maintain all individual functional values IMW17--------- .C
  on site. No loss of any value on site.                                 KMWB--------- C
B- Maintain all individual functional values
  on roaded system. No los  of any value                                  MW9-------- 
   to region.                                           MW20--------- C
C- Maintain overall functional values on                                                                                                                _
   roaded system. No loss of aggregate value
   to region. (can use preselected mitigation                              MW22 --------- B&C
  projects or bankl
D- Minimize loss of functional values.                                     MW23---------  C
   tmitigation bank or projects not required)                             MW25 ---------  B
M- Enhancement Potential                                                   MW30 ---------  B
                                                            MW60 --------- C

                                           CBJ Department of Community Development


                                             Page   61                                                                                      I
                              B- Mintin al idivdualfuntionl vluI

                                on  oadd  ystm.No  ossofanyvaue     W19------I



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I

I CHAPTER IV
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I    ~CHAPTER IV

3    ~IMPLEMENTATION SUMMARY

      Recrulations

      The management categories and policies in Chapter III will be
      implemented when the CBJ Assembly adopts the Wetlands
      Management Plan and its implementing ordinance. The ordinance
      would become effective upon receipt of a 'general permit'.
I   ~The ordinance determines how the wetland management categories
      and policies will be used in the dredge and fill permit review
      process. This chapter of the plan is a narrative summary of
      the ordinance.
      The CBJ has designated a management category for every
      freshwater wetland in the study area, but the ordinance only
      applies to category C and D wetlands. This is because the CBJ
      is only requesting a 'general permit' for category C and D
      wetlands. Policies pertaining to category A and B wetlands
I   ~would be implemented through the CBJ Coastal Management
      Program by using the consistency review process. This process
      allows the CBJ to obtain support from state agencies for
I   ~projects which are in accordance with the plan.
      If the CBJ receives a 'general permit', category C and D
      wetlands would be regulated by the CBJ under procedures
      similar to federal regulations. Permit decisions for category
      C and D wetlands would be made by a Wetlands Review Board
      appointed by the CBJ. The Board would include Planning
I   ~Commission representatives and local citizens having expertise
      in technical fields such as biology, geology, hydrology, land
      use planning, and engineering. The fact that permit decisions
5    ~will be made in Juneau by a CBJ board instead of in Anchorage
      by federal agencies should result in improved communications
      and an expedited decision process.

I    ~An important component of many permit decisions is
      compensation for degradation of wetlands. If an applicant's
     proposed project would damage the environment, the permit
I   ~granting agency could require the applicant to compensate for
      the expected harm to the environment. This compensation is
      called 'mitigation'. It can be required as a condition which
I    ~must be satisfied before a permit is granted.
     The mitigation component of the CBJ regulations is more
     specific than the comparable section of the federal
I   ~regulations.  Federal regulations recognize five types of
     mitigation: avoiding, minimizing, rectifying, reducing, and
     compensating for resource losses. However, federal
I   ~regulations do not provide specific guidelines to determine
     acceptable mitigation. As a result, determination of
     appropriate mitigation can be very time consuming.

                                 Page 62









The CBJ has designed a mitigation bank to help specify
mitigation requirements. For most dredge and fill permit
applicants for category C wetlands, mitigation requirements
will be met through off-site mitigation using the mitigation
bank. The mitigation bank is designed to allow applicants to
expeditiously satisfy mitigation requirements by making a cash
payment to the mitigation bank. This should result in
decreased permit processing time.3

Even with the mitigation bank, actual permit decisions will be
made on a case-by-case basis by the Wetlands Review Board.
The management plan also specifies that dredge and fill permit
applicants for category D wetlands can meet mitigation
requirements by minimizing and reducing wetland degradation
according to best management practices, as determined by the
Wetlands Review Board.
The CBJ will rely on the management plan for guidance when it
comments to the COE on dredge and fill permit applications forI
category A and B wetlands. The plan will also become part of
the State and Juneau Coastal Management Programs. State
agencies will thus use the plan as guidance when they commentI
to the COE regarding permit applications on category A and B
wetlands.

The ordinance contains nine sections.  The first seven areI
regulations and the last two create mechanisms to implement
the regulations.  The sections are:5

1. Regulations:

  a. General Regulatory Policies3
  b. Permits for Discharge of Dredged or Fill Material
  c. Processing of Permits
  d. Enforcement
  e. Public HearingsI
  f. Consideration for Tax Purposes
  g. Remedies for Violations3

2. Wetlands Review Board

3. Mitigation Bank3

General Regulatory Policies:3

The purpose of the regulations is to produce timely permit
decisions. The regulations that will guide review of CBJ
permit applications are similar to those that guide review ofI
COE permit applications.


                         Page 63

                                                                  '4










     Permit decisions are based on general policies for reviewing
     applications. These policies form the basis of the public
     interest review. This is broadly defined to include
     consideration of all factors which become relevant in each
     particular application. The general policies for evaluating
     permit applications are as follows and are duplicates of the
     COE permit evaluation policies.

3       ~~The benefits which reasonably may be expected to accrue
        from the proposal are balanced against its reasonably
        foreseeable detriments. The decision whether to authorize
        a proposal, and if so, the conditions under which it will
        be allowed to occur, are determined by the general
        balancing process. The decision reflects the national
        concern for both protection and utilization of important
        resources.
        All factors which may be relevant to the proposal must be
        considered, including the cumulative effects thereof.
        Among those are conservation, economics, aesthetics,
        general environmental concerns, wetlands, historic
        properties, fish and wildlife values, flood hazards,
3      ~~floodplain values, land use, navigation, shore erosion and
        accretion, recreation, water supply and conservation, water
        quality, energy needs, safety, food and fiber production,.
I     ~~mineral needs, consideration of property ownership and, in
        general, the needs and welfare of the people. (320.4,
        Federal Register Vol. 51, No. 219)

I       ~~The following general criteria are also considered in the
        evaluation of every application:

I       ~~1. the relative extent of the public and private need for
           the proposed structure or work;

3       ~~2. where there are unresolved conflicts as to resource use,
           the practicability of using reasonable alternative
           locations and methods to accomplish the objective of the
3         ~~~proposed structure or work; and

        3. the extent and permanence of the beneficial and/or
           detrimental effects which the proposed structure or work
I        ~~~is likely to have on the public and private uses to
           which the area is suited. (320.4, Federal Register Vol.
g         ~~~51, No. 219)

        The specific weight of each factor is determined by its
        importance and relevance to the particular proposal.
        Accordingly, how important a factor is, and how much
        consideration it deserves, will vary with each proposal.


                                 Page 64









  A specific factor may be given great weight on one
  proposal, while it may not be present or as important on3
  another. Full consideration and appropriate weight will be
  given to all comments, including those of federal, state
  and local agencies and other experts on matters within
  their expertise. (320.4, Federal Register Vol. 51, No.
  219)

The federal regulations state that an application must also3
comply with the EPA's 404(b) (1) regulations. These
regulations state that unless a proposed activity on a wetland
is water-dependent, the EPA shall recommend that the COE deny
the permit unless there are no practicable alternative sites
for the proposed activity. The EPA is directed to assume that
there are practicable alternatives and it is up to the
applicant to rebut this presumption in order to obtain EPAI

The CBJ will presume that there are no practicable3
alternatives for developments proposed on category C and D
wetlands. This presumption is based on an extensive analysis
of land use alternatives conducted as part of this study. The
presumption is rebuttable, which means that the decision
making body can still conclude that there are practicable
alternatives based on its review of project specific evidenc~e
during the permit review process.

Permits for Discharges of Dredged or Fill Material:3

The corresponding section of the ordinance contains
definitions of dredge, fill and related terms. Dredged
material means material that is excavated or dredged fromI
waters of the United States. Fill material means any material
used for the primary purpose of replacing an aquatic area with
dry land.
In addition, the ordinance prescribes activities that require
wetland dredge and fill permits.  Essentially, all activitiesI
involving dredge or fill on lands identified as wetlands by
the COE require permits unless an activity is exempted.

Exempted activities include farming, silviculture (timberI
industry) and ranching. There are also exemptions for certain
emergency activities and minor drainage. The CBJ has added a
new category entitled "Temporary Emergency Permit".  it allowsI
the CBJ to issue temporary emergency permits for regulated
activities when there is a threat to life or severe loss of
property, and the anticipated damage may occur before a permit3
could be granted under normal procedures.


                          Page 65









      For more detailed information, refer to the chapter in the
3 ~ordinance entitled "Permits for Discharges of Dredged or Fill
      Material".

I     ~Processing of Permits:

      When the COE grants the CBJ a 'general permit' and the CBJ
I   ~passes the ordinance implementing local permit issuance
      procedures, the CBJ will process permits for dredge and fill
      activity on category C and D wetlands. Permit processing
      would begin on the effective date of the ordinance. This will
      allow time for preparation of application forms, appointment
      of members to the Wetlands Review Board and distribution of a
3    ~brochure explaining the new process to the public.

      The Processing of Permits chapter in the ordinance describes
      application forms, including the required contents of a
I   ~complete application, and permit review procedures including
      the availability of preapplication conferences between the
      applicant and the Wetlands Review Board. It also describes
      application processing procedures, time allowed for each step,
I   ~the board's ability to determine any special conditions which
      might be incorporated into a permit, or the explanation that
3 ~would be supplied to an applicant if a permit is denied.

      The ordinance requires the CBJ to issue a permit decision no
      later than 60 days after receipt of a complete application.
      There are provisions for public notice which are consistent
      with existing CBJ permit processes. Additional provisions
      require conformity with water quality certifications and other
3    ~permit programs where applicable.

      The discussion of special permit conditions (mitigation)
      differs from federal regulations. Federal regulations state
U   ~that mitigation may be accomplished on-site or off-site to
      compensate for significant losses which are specifically
      identifiable, reasonably likely to occur, and of importance to
      the human or aquatic environment. The CBJ version goes on to
      add that for category C wetlands mitigation might include a
      contribution to a mitigation bank such that there is no net
      loss of wetland value to the CBJ. On-site mitigation would
      also be allowed.
      For category D wetlands, mitigation might be satisfied by
      specified construction practices applicable to the specific
      project. These specified construction practices are known as
      best management practices. They will be required on all
3~category C and D wetland developments.



                                 Page 66









Best management practices will be required as a permit
condition by the Wetlands Review Board.  Perhaps the threeI
most prescribed best management practices in the Juneau area
are:
1. not working in or adjacent to stream beds in the spring 
   during out-migration of salmon smolts;
2. placing filtration curtains to protect streams fromI
   turbidity due to adjacent soil disturbance activities; and,

3. stripping existing wetland vegetation in mats and replacing3
   the mats over regraded soil.
The Wetlands Review Board will prescribe further conditions
based on their analysis of individual projects and commentsI
received during the permit review process. Acceptable
conditions are those that are considered feasible (cost,
constructibility, etc.) to the applicant and that if adopted,I
will result in a project that generally meets the applicant's
purpose and need. Such modifications can include reductions
in scope and size, changes in construction methods, materials3
or timing, and operation and maintenance practices or other
similar modifications that reflect a sensitivity to
environmental quality within the context of the work proposed.3

Additional items in this section are procedures to modify,
suspend or revoke permits, and to appeal. The appeal
procedure conforms to the current CBJ appeal process.I
The federal regulations authorize the COE to determine wetland
boundaries. This has presented a problem to some applicants
because there are no COE personnel located in Juneau to make
boundary determinations. The COE has identified wetlands on
aerial photography but the boundaries are often not precise
enough to determine correct siting of dredge and fillI
activities. The CBJ regulations provide a procedure for
applicants to obtain boundary delineations.3

An applicant can request a letter of wetland boundary
determination from the CBJ. The CBJ could then require the
applicant to perform an on-site inspection to provide
information useful for determining wetland boundaries. The
inspection is subject to approval and verification by the CBJ.

The existing boundary delineation process, which requires that3
COQE personnel come to Juneau to make an on-site determination
would still be available to any applicant. Any letter of
boundary interpretation by the CBJ which says that an area isI
not a wetland shall be subject to review, modification or
revocation by the COE within a fixed number of days.


                          Page 67









     The application form for a CBJ dredge and fill permit for
I    ~category C and D wetlands will he developed upon receipt of
     the 'general permit'. The form will be consistent with CBJ
     land use application forms and will be determined by the
U    ~Wetlands Review Board and designed to minimize duplication
     with building and grading permits.
     Refer to the Processing of Permits chapter in the ordinance
I   ~for more detailed information.
     The form of an issued permit approval or denial will be very
     similar to the format stipulated in COE regulations. The
     decision document will use the following format:

















      I~~~~~~~~~ae6






CITY AND BOROUGH OF JUNEAU WETLANDS PERMIT5

Permittee:
Permit No.I

Note: The term "you' and Its derivatives, as used in this permit, means the permnittee or any future transferee. The terrm
"this office" refers to the Community Development Department or the appropriate official of that office acting under the
authority of the City Manager.
You are authorized to perform work in accordance with the terms and conditions specified
below.

Project Description: Describe the permitted activity and its intended use with references to any
attached plans or drawings that are considered to be a part of the project description. Include
 adescription of the types and quantities of dredged or fill materials to be discharged inI

Project Location: Where appropriate, provide the names and locations of the waters where the
permitted activity and any off-site disposals will take place, 

General Permit Conditions:
I.  The time limit for completing the work authorized ends on:
    rig months). If you find that you need more time to complete the authorized activity,
    submit a time extension request to this office for consideration at least one month
    before the above date is reached.
2.  You must maintain the activity authorized by this permit in good condition and in
    conformance with the terms and conditions of this permit. You are not relieved of this
    requirement if you abandon the permitted activity, although you may make a good
    faith transfer to a third party in compliance with General Condition 4 below. Should
    you wish to cease to maintain the authorized activity or should you desire to abandon
    it without a good faith transfer, you must obtain a modification of this permit from 
    this office, which may require restoration of the area.
3.  If you discover any previously unknown historic or archeological remains while
    accomplishing the activity authorized by this permit, you must immediately notify this
    office of what you have found. We will initiate the federal and state coordination3
    required to determine if the remains warrant a recovery effort or if the site is eligible
    for listing in the National Register of Historic Places.
4.  If you sell the property associated with this permit, you must obtain the signature of
    the new owner in the space provided and forward a copy of the permit to this office toI
    validate the transfer of this authorization.
5.  If a conditioned water quality certification has been issued for your project, you must
    comply with the conditions specified in the certification as special conditions to this
    permit.
6.  You must allow representatives from this office to inspect the authorized activity at
    any time deemed necessary to ensure that it is being or has been accomplished in
    accordance with the terms and conditions of your permit.I
7.  You must advise this office in writing, at least two -weeks before you start
    maintenance dredging activities under the authority of this permit.

Special Permit Conditions:I
(Special conditions as required by the M1itigation Review Board will be added in this space. No
special conditions will be pre printed on the permit form.)

Further Information:
AUTHORITIES. You have been authorized to undertake the activity described above
pursuant to:I
1. LIMITS OF AUTHORIZATION:
   a.  This permit does not obviate the need to obtain other federal, state, or localI
       authorizations required by law.
   b. This permit does not grant any property rights or exclusive privileges.
   c.  This permit does not authorize any injury to the property or rights of others.3



                                   Page 691








     d. This permit does not authorize interference with any existing or proposed CBJ
         project.

2.  LIMITS OF LIABILITY. In issuing this permit, the CBJ does not assume any liability
     for the following:

     a. Damages to the permitted project or uses thereof as a result of other permitted or
         unpermitted activities or from natural causes.

    b.  Damages to the permitted project or uses thereof as a result of current       or future
         activities undertaken by or on behalf of the CBJ in the public interest.

    c. Damages to persons, property, or other permitted or unpermitted activities or
         structures caused by the activity authorized by this permit.

     d. Design or construction deficiencies associated with the permitted work.

    e.  Damage claims associated with any future modification, suspension, or revocation
         of this permit.

3.  RELIANCE ON APPLICANT'S DATA. The determination of this office that issuance
     of this permit is not contrary to the public interest was made in reliance on the
     information you provided.

4.  REEVALUATION OF PERMIT DECISION. This office may reevaluate its decision on
     this permit at any time the circumstances warrant. Circumstances that could require a
    reevaluation include, but are not limited to, the following:

    a. You fail to comply with the terms and conditions of this permit.

    b. The information provided by you in support of your permit application proves to
         have been false, incomplete, or inaccurate. (See 3 above.)

    c. Significant new information surfaces which this office did not consider in
         reaching the original public interest decision.

    Such a reevaluation may result in a determination that it is appropriate to use the
    suspension, modification, and revocation procedures or enforcement procedures. The
    referenced enforcement procedures provide for the issuance of an administrative order
    requiring you to comply with the terms and conditions of your permit and for the
    initiation of legal action where appropriate. You will be required to pay for any
    corrective measures ordered by this office, and if you fail to comply with such
    directive, this office may in certain situations accomplish the corrective measures by
    contract or otherwise and bill you for the cost.

5.  EXTENSIONS.  General Condition I establishes a time limit for the completion of the
    activity authorized by this permit. Unless there are circumstances requiring either a
    prompt completion of the authorized activity or'a reevaluation of the public interest
    decision, the CBJ will normally give favorable consideration to a request for an
    extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the
terms and conditions of this permit.



Permittee's Signature                             Date

This permit becomes effective when the CBJ official designated to act for the City
Manager has signed below.



City Manager                                      Date

When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding
on the new owner(s) of the property. To validate the transfer of this permit and the
associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below.



Transferee's Signature                            Date




                                        Page 70









Enforcement:

This part prescribes enforcement policies for activities3
performed without a required CBJ Wetlands permit, and for
activities not in compliance with the terms and conditions of
issued permits. It contains additional sections on
supervision of authorized activities and legal action.
If the CBJ determines that a permittee has violated the terms
or conditions of a permit and that the violation isI
sufficiently serious to require an enforcement action then it
will take the following steps:3

1. contact the permittee;

2. request corrected plans reflecting actual work; and,3

3. attempt to resolve the violation.

Violations may be resolved through voluntary compliance or a3
permit modification. If a mutually agreeable solution cannot
be reached, a written order requiring compliance would
normally be issued.  Issuance of an order is not, however, aI
prerequisite to legal action. If an order is issued it will
specify a time period of not more than 30 days for bringing
the permitted project into compliance. If the permittee fails
to comply with the order within the specified period of time,3
the CBJ may consider suspending or revoking the permit or it
may pursue legal action.3

The CBJ will pursue cr~iminal or civil actions to obtain
penalties for violations, compliance with the orders it has
issued, or other relief as appropriate. Appropriate cases for
civil or criminal action include, but are not limited to,
violations which in the opinion of the CBJ, are willful,
repeated, flagrant, or of substantial impact.3

Refer to the Enforcement chapter in the ordinance for more
detailed information.I


Public Hearings:

This section prescribes the policy, practice, and procedures
to be followed in the conduct of public hearings by the
Wetlands Review Board.3

For each permit application, except emergency permits and
certain minor permits which may be excluded by ordinance,
public hearings shall be conducted by the presiding officer ofI
the Wetlands Review Board. Hearings shall be conducted in an
orderly but expeditious manner. Any person shall be permitted


                         Page 71









      to submit oral or written statements concerning the subject
      matter of the hearing, to call witnesses who may present oral
      or written statements, and to present recommendations as to an
      appropriate decision. Any person may present written
      statements for the hearing record prior to the time the
U   ~hearing record is closed to public submissions, including the
      presentation of proposed findings and recommendations. The
      presiding officer shall afford participants a reasonable
      opportunity for rebuttal.
      The presiding officer shall have discretion to establish
      reasonable limits upon the time allowed for statements of
      witnesses, for arguments of parties or their counsel or
      representatives, and upon the number of rebuttals. Cross
3    ~examination of witnesses shall not be permitted.

      All public hearings shall be recorded and transcribed and made
      available to the public. Verbatim copies of the transcripts
I   ~may be purchased from the CBJ by any person.  All written
      statements, charts, tabulations, and similar data offered in
      evidence at the hearing shall, subject to exclusion by the
      presiding officer for reasons of redundancy, be received in
      evidence and shall constitute a part of the record.
      Public notice of hearings shall be provided in accordance with
I   ~the public notice provisions of CBJ Title 49.  Public
      notification shall be consistent with the rules governing
      notification of other CBJ land use permitting activities.

      Refer to the Public Hearings chapter in the ordinance for more
      detailed information.

      Consideration for Tax Purposes:

*    ~This section establishes a policy and provision for
      incorporation of wetland considerations into fair market value
      property tax calculations. The tax assessor is authorized to
      consider denied permits in a property assessment. In
      addition, any owner of a wetland classified as A or B may
      request, and the tax assessor shall provide, that this fact be
      taken into account when the property is assessed for property
      tax purposes.
      Refer to the Consideration for Tax Purposes chapter in the
      ordinance for more detailed information.




       I                          ~~~~~~~~Page 72









Remedies for Violations:3
This section provides a range of penalties for violations in
accordance with the CBJ criminal and civil code.
Refer to the Remedies for Violations chapter in the ordinanceI
for more detailed information.

Wetlands Review Board
The corresponding section of the ordinance creates the CBJ3
Wetlands Review Board. If the CBJ receives a 'general permit'
from the COE the Wetland Review Board would become the
decision-making authority for dredge and fill permits in
category C and D wetlands. It will be an independent board,
not an advisory body to the Planning Commission, although its
members would be appointed by the Planning commission. The
board would be composed of two Planning Commissioners and fiveU
private citizens having expertise in specified relevant
technical fields including biology, geology, hydrology, land
use planning and engineering.  The board will meet at least3
once a month for regularly scheduled meetings.
The board can issue or deny permits for category C and D
wetlands.  This includes the ability to condition approved         
permits with appropriate mitigation requirements, including
best management practices. In cases where the mitigation bank
is used, the board will determine the appropriate cashI
contribution to meet the required mitigation. All permit
hearings by the board will be open to the public, preceded by
public notification and followed by published minutes.U

Xitiaation Bank3
A wetlands mitigation bank operates like a bank in that it
issues credit and accepts cash payments. It accepts cash
payments when the Wetlands Review Board determines thatI
payments are appropriate to compensate for wetlands which will
be degraded by development. A typical dredge and fill permit
applicant in category C wetlands would be allowed to use theI
mitigation bank to satisfy compensation requirements for
wetland degradation expected from a proposed development.

The Wetlands Review Board will recommend areas where wetlandsI
can be created, protected, restored or enhanced for the
mitigation bank. The CBJ will receive the recommendations and
approve a priority list of -mitigation bank projects.  The CBJI
will also undertake the specific wetland enhancement or


                          Page 73









      protection activities. The CBJ Lands Division will manage
3   ~mitigation bank land, including enhancement projects and
      monitoring.
      The Wetlands Review Board will calculate the total resource
      value of wetland enhancement or protection projects completed
      for the bank. Resource value is calculated by using the
      Adamus Rapid Assessment and the CBJ Weighting System. The
I   ~resource value of the bank is denominated in resource credits.
      A credit is a unit of resource value.
      Each resource credit is worth a certain amount of money. The
I   ~amount of money a resource credit is worth is established
      after all the bank's expenses for wetlands enhancement and
      protection projects have been compared to the resource value
U   ~of the resultant environmental improvements.  The value of an
      individual credit is equal to the cost of a unit of
      environmental improvement on a per acre or square foot basis.
I   ~The total value of all the bank credits added together will be
      set at an amount that will compensate the bank for all of the
      costs and expenses it has incurred and is expected to incur in
*    ~establishing and maintaining the mitigation bank.

      An example of mitigation bank accounting is as follows:

3    ~If the bank spends $3,000 to protect one acre of wetlands
      which is worth 50 points of resource value, and it spends
      $1,000 to improve the acre by 50 points of resource value,
      then:
      1. The total value of all bank credits is $4,000 ($3,000 +
*      ~~$1,000 =$4,000).
      2. The number of resource credits is 100 (50 + 50 = 100).

1    ~3. Therefore, the value of a credit is $40 ($4,000/100 = $40).

     The Wetlands Review Board can authorize developers to purchase
      resource credits when off-site mitigation is required. in
     purchasing the resource credits, developers are repaying the
     bank for mitigation work already accomplished by the bank.
I    ~They pay back the bank for the expenditures it has already
     undertaken to acquire, restore, maintain and monitor the
     designated mitigation bank wetland projects. The amount of
     resource credit that an applicant will be asked to purchase
I    ~from the bank will be equal to the number of credits which the
     Wetlands Review Board determines will be degraded by the
I ~direct dredge or fill activity proposed by the applicant. The
     mitigation bank will operate under the following restrictions.


       *                          ~~~~~~~~Page 74










1. Credits are not available to permit applicants until the
  bank has already conducted wetlands protection or3
  enhancement projects. This requirement guarantees that
  'mitigation will be performed. (The CBJ typically requires
  applicants to post bonds to guarantee fulfillment of
  conditions attached to land use permits. However, wetlands
  enhancement is a fairly new concept and bonding is not
  generally available at this time.)3

2. Mitigation bank credits cannot be used for any permit
  action where the wetlands area to be adversely affected by
  a dredge or fill activity exceeds five acres.  This3
  requirement prevents bank credits from being exhausted by a
  single large development. Large-scale developers will be
  required to perform mitigation through individual actions
  rather than using the bank. The bank is designed to
   facilitate mitigation for small-scale developments which
  might otherwise cause cumulative incremental damage to
  overall wetland values.
The bank funds will be managed by establishing a revolving
fund account. All money received by the bank will be paid
into the CBJ Treasury and credited to the account. All money
in the account is appropriated continuously to the mitigation
bank.  The funds can be used for the following purposes:3

1. to acquire land suitable for use in mitigation banks;

2. to pay the cost of creating, restoring, or enhancing3
  wetland areas; and,'

3. to pay the cost of administrative, research, or scientific3
  monitoring expenses.

The bank can also accept land donations. Any donation
accepted by the bank will be valued at its fair market value
as determined by an independent assessment. An example of how
the bank will work is presented below.3

  The bank purchases, for $3,000 per acre, a gravel pit with
  relatively low environmental value which has been
  identified as having wetland enhancement potential. The
  bank then spends $1,000 per acre for environmental
   improvements. It replaces the steep banks of the pit with
  gentle slopes and it channels an anadromous stream to
  connect with the gravel pit.  The gentle slopes will be3
  suitable for riparian habitat improvements which benefit
  terrestrial and aquatic animals. The connection to
  freshwater will provide a flushing action which is also1
  very beneficial.


                          Page 75









         The Wetlands Review Board then calculates the environmental
         value of the wetland improvements and a cost per
         environmental value per acre. In this case, it the
         environmental value of the protected and enhanced gravel
         pit is 100 resource credits per acre, the cost of a bank
         resource credit would be $40 per acre ($4,000/100 = $40).
         'Credit' is a unit of environmental value per acre.

3       ~~When an applicant for a wetlands development project on a
         category C wetland applies to the Wetlands Review Board for
         a permit, the Board might determine that the proposed
         project would decrease environmental value by 50
         environmental credits over an entire acre.
         Since the expected environmental degradation would be 50
U      ~~credits, and the cost of a mitigation bank credit is $40,
         mitigation would cost the applicant $2,000 (50 credits x
         $40 = $2,000). This amount would become a condition of the
I      ~~permit and it would have to be paid to the bank before the
         permit becomes effective.
      Appendix A to this plan lists the regulations, in ordinance
U   ~form, that will establish and govern the mitigation bank.













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                                                         APPENDIX
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I                       CITY AND BOROUGH OF JUNEAU
    I ~~~~~~~DEPARTMENT OF CadMEUNITY DEVELOPMENT

    I ~APPENDIX A

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                      WETLANDS MANAGEMENT PLAN
I IMPLEMENTING ORDINANCE

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                             Wetlands Ordinance
     I                               ~~~~~~~~~~TABLE OF CONTENTS

U         ~~~~GENERAL REGULATORY POLICIES pg
            Purpose and Scope....................                         1
            Authorities.......................                            1
*              ~~~~~~elated Laws ..1....................
      -       ~~General Policies for Evaluating Permit Applications  ...1
         PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL
I            ~~~~~General .........................11
            Discharges Requiring Permits...............13
            Discharges Not Requiring Permits.............13
             Temporary Emergency Permits ...............18
            Special Policies and Procedures .............18

         PROCESSING OF PERMITS
I            ~~~~~Processing of Applications................22
            Public Notice ......................29
            Conditioning of Permits .................32
I            ~~~~~Forms of Permits.....................33
            Duration of Permits ...................34
            Modification, Suspension or Revocation of Permits      .     ...35
I            ~~~~~Authority to Issue or Deny Permits............36
            Authority to Determine Jurisdiction ...........38
            Publicity ........................39
U          ~~~ENFORCEMENT
            Purpose .........................40
            Unauthorized Activities .................40
             Supervision of Authorized Activities...........43
            Legal Action.......................44

        PUBLIC HEARINGS
            Purpose .........................45
            Applicability ......................45
            Definitions.45
            General Policies.....................45
            Presiding Officer ....................46
            Legal Advisor ......................46
I            ~~~~~Representation......................46
            Conduct of Hearings ...................46
            Filing of the Transcript of the Public Hearing......47
I            ~~~~~Authority of the Presiding officer............47
            Public Notice ......................43






                                                page

CONSIDERATION FOR TAX PURPOSES................48

REMEDIES FOR VIOLATIONS ....                                                           ...............481

WETLANDS REVIEW BO0ARD ....................49

APPEALS, VARIANCES AND INTERPRETATIONS............503

MITIGATION BANK
   Purpose .........................51
   Definitions .......................51
   Policy..........................51
   Powers..........................52
   Resource Values and Credits ...............53U
   Fill and Removal Activities ...............54
   Rules ..........................54
   Cooperation ... . ...................543
   CBJ Wetlands Mitigation Bank Revolving Fund Account....      54

Appendix B
   CBJ Wetlands Permit Form and Special CGnditions ...                       ..56U







   3                      ~~~~~~Article __.  General Regulatory Policies

          49.00.000      PURPOSE AN]) SCOPE.  (a)  Background.   (1)  The City and
          Borough Of Juneau (CBJ) has been involved in regulating land use in
          wetlands and uplands.  The Corps of Engineers (OOE) has been involved in
          regulating land use in wetlands. The COE has classified many undeveloped
          lands as wetlands.  Wetland property owners are regulated independently
          by the CBJ and  the COE.   This  has  resulted  in  uncertainty,  permit
          processing delays and associated difficulties.
               (2) The CBJ seeks to avoid unnecessary regulatory controls.

               (3) The CBJ is neither a proponent nor opponent of any permit
          proposal.  However,  the CR3 believes that applicants are due a timely
          decision. Reducing unnecessary paper work and delays is a continuing CBJ
          goal.
               (4) The CR3 believes that federal and local regulatory programs
          should complement rather than duplicate one another.
           (b) Types of activities regulated. This part prescribes the statutory
          authorities and general and special policies and procedures applicable to
          the review of applications for CB3 Wetlands permits for controlling
          certain activities in waters of the United States within Juneau
          classified as category C and D wetlands.   CBJW permits must be issued
          before discharges of dredged or fill material into waters of the United
          States can be lawfully undertaken.

          49.00.000      AUTHORITIES   TO   ISSUE   PERMITS.         General   Permit
          No. __ _ _ _  _

1         ~~~49.00.000    RELATED LAWS.  CB3 Title 49, Planning and Zoning.

          49.00.000      GENERAL POLICIES FOR EVALUATING PERMIT APPLICATIONS.   The
          following policies shall be applicable to the review of all applications
I        ~ ~for CR3 Wetlands  (CBJW) permits  applicable  to all category  C and  D
          wetlands. Additional policies concerning category A and B wetlands are
          provided in the CR3 Wetlands Management Plan for consideration by the
          District Engineer.
          (a)  Public Interest Review.  (1)  The decision whether to issue a permit
          will be based on an evaluation of the probable impacts, including
          cumulative impacts, of the proposed activity and its intended use on the
          public interest.  Evaluation of the probable impact which the proposed
          activity may have on the public interest requires a careful weighing of
I        ~ ~~all those factors which become relevant in each particular case.  The
          benefits which reasonably may be expected to accrue from the proposal
          must be balanced  against  its  reasonably  foreseeable  detriments.   The
I        ~ ~~decision whether to authorize a proposal, and if so, the conditions under
          which it will be allowed to occur, are therefore determined by the
          outcome of this general balancing process. That decision should reflect






t~he national concern for both protection and utilization of important
resources.  All factors which may be relevant to the proposal must be
considered,  including the cumulative effects thereof.   Among those are
conservation, economics, aesthetics, general environmental concerns,
wetlands, historic properties, fish and wildlife values, flood hazards,
floodplain values,  land use,  navigation,  shore erosion  and accretion,I
recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, Consideration of
property  ownership  and,  in  general,  the  needs  and  welfare  of  theI
people.    For  activities  involving  404  discharges,  a permit  will  be
denied if the discharge that would be authorized by such permit would Dot
comply with the Environmental Protection Agency's 404(b)(1) guidelines.
    If a proposed discharge into a wetland is not for a water dependent
activity, then it will not be allowed unless there is no practicable
upland alternative.  An alternative is practicable if it is available andI
capable of being done after taking into consideration cost, existing
technology, and logistics in light of overall project purposes. If it is
otherwise a practicable alternative, an area not presently owned by the
applicant which could reasonably be obtained, utilized, expanded or
managed in order to fulfill the basic purpose of the proposed activity
may be considered.   It is a rebuttable  assumption  that  proposals  to
discharge dredge or filled material in category C and D wetlands do notI
have practicable alternatives less damaging to the aquatic ecosystem.
Guidelines for determining that there are practicable alternatives are:3

    The basic project purpose can reasonably b~e accomplished using one
or more other sites in the general region that would avoid, or result in
less adverse impact;3

    A reduction in the size, scope, configuration or density of the
project would avoid or result in less adverse impacts and accomplish the
basic purpose of the project; and
    Where alternatives are limited by land use regulatory restraints, a
variance or zone change might be approved based on established precedenceI
regarding similar circumstances.

    For activities involving 404 discharges, a permit will be denied ifU
the discharge that would be authorized by such permit would not comply
with the CBJ's practicable alternatives test for Don-water dependent
activities.   Subject to the preceding sentence and any other applicable
guidelines and criteria, a permit will be granted for category C and DI
wetlands unless the CBJ determines that it would be contrary to the
public interest.

    It is a rebuttable assumption that proposals to "dredge' or
discharge dredge or filled material in category A wetlands do have
practicable alternatives less damaging to the aquatic ecosystem. Subject
to the preceding sentence and any other applicable guidelines and





                                 2






           criteria, a permit will be granted for category A and B wetlands unless
U        ~ ~~the CBJ determines that it would be contrary to the public interest.
                (2)  The  following  general  criteria  will  be  considered  in  the
*          ~~~evaluation of every appl ication:
                     (A) The relative extent of the public and private need for the
                proposed structure or work;
                     (B) Where there are unresolved conf licts as to resource use,
                the practicability of using reasonable alternative locations and
                methods to accomplish the objective of the proposed structure or
                work; and
                     (C)   The  extent  and  permanence  of  the  beneficial  and/or
                detrimental effects which the proposed structure or work is likely
                to have on the public and private uses to which the area is suited.

 1              ~~~~(3)   The  specific  weight  of  each  factor  is  determined  by  its
           importance and relevance to the particular proposal.   Accordingly,  how
           important a factor is and how much consideration it deserves will vary
           with each proposal. A specific factor may be given great weight on one
           proposal, while it may not be present or as important on another.
           However, full consideration and appropriate weight will be given to all
           comments, including those of federal, state and local agencies, and other
           experts on matters within their expertise.
           (b)  Effect on wetlands.  (1)  Most wetlands constitute a productive and
I        ~ ~~valuable public resource,  the unnecessary alteration or destruction of
           which should be discouraged as contrary to the public  interest.   For
           projects to be undertaken or partially or entirely funded by a federal,
           state,   or   local   agency,, additional   requirements   on   wetlands
           considerations are stated in Executive Order 11990, dated 24 May 1977.
                (2)  Wetlands  considered  to  perform  functions  important  to  the
           public interest include:
                     (A)   Wetlands  which  serve  significant  natural  biological
                functions, including food chain production, general habitat and
                nesting, spawning, rearing and resting sites for aquatic or land
                species;
  I                  ~~~~~(B)  Wetlands set aside for study of the aquatic environment or
                as sanctuaries or refuges;

  I                  ~~~~~(C)  Wetlands,  the destruction  or alteration of which would
                affect detrimentally natural drainage characteristics, sedimentation
               patterns, salinity distribution, flushing characteristics, current
               patterns, or other environmental characteristics;








        I                                     ~~~~~~~~~~~~~~~~3







         (D) Wetlands which are significant in shielding other areas
    from wave action, erosion, or storm damage.  Such wetlands are often
    associated with barrier beaches, islands, reefs and bars;

         (E) Wetlands which serve as valuable storage areas for storm
    and flood waters;

         (F)   Wetlands which are ground  water  discharge  areas  that
    maintain minimum baseflows important to aquatic resources and those
    which are prime natural recharge areas;

         (G)   Wetlands  which  serve  significant  water  purification
    functions; and

         (H) Wetlands which are unique in nature or scarce in quantity
    to the region or local area.

     (3) Although a particular alteration of a wetland may constitute a
minor change, the cumulative effect of numerous piecemeal changes can
result in a major impairment of wetland resources.  Thus, the particular
wetland site for which an application is made will be evaluated with the
recognition that it may be part of a complete and interrelated wetland
area. In addition, the CBJ may undertake, where appropriate, reviews of
particular wetland areas in consultation with the CBJ, Regional Director
of the U.S. Fish and Wildlife Service, the Regional Director of the
National Marine Fisheries Service of the National Oceanic and Atmospheric
Administration,   the   Regional   Administrator   of   the   Environmental
Protection Agency, the local representative of the Soil Conservation
Service of the Department of Agriculture, and the head of the appropriate
state agency to assess the cumulative effect of activities in such areas.

     (4)  No permit will be granted which  involves the alteration of
wetlands identified as important by paragraph (g)(2) of this section or
because of provisions of paragraph (g)(3) of this section unless the CBJ
concludes, on the basis of the analysis required in paragraph (a) of this
section, that the benefits of the proposed alteration outweigh the damage
to the wetlands resource.  In evaluating whether a particular discharge
activity should be permitted, the Planning Commission shall apply the
section 404(b)(1) guidelines, except that it is a rebuttable assumption
that proposals to discharge dredge or filled material in category C and D
wetlands do not have practicable alternatives less damaging to the
aquatic ecosystem.

     (5)  In addition  to the policies expressed  in this subpart,  the
Congressional policy expressed in the Estuary Protection Act, Pub. L.
90-454, and state regulatory  laws or programs  for classification  and
protection of wetlands, will be considered.












                                  4I






                For all category C and D wetlands, in accordance with the Fish and
U         ~ ~Wildlife  Coordination  Act,  the  CBJ  will  consult  with  the  Regional
           Director, U.S. Fish and Wildlife Service, the Regional Director, National
           Marine Fisheries Service, and the head of the agency responsible for fish
           and wildlife for the state in which work is to be performed, with a view
           to the conservation of wildlife resource by prevention of their direct
           and indirect loss and damage due to the activity proposed in a permit
           application. The CBJ will give full consideration to the views of those
           agencies on fish and wildlife matters in deciding on the issuance,
           denial, or conditioning of individual or general permits.

3           C~~~c)  Water quality.  Applications for permits for activities which may
           adversely affect the quality of waters of the United States will be
           evaluated for compliance with applicable effluent limitations and water
           quality standards during the construction and subsequent operation of the
           proposed activity.   The evaluation should include the consideration of
           both point  and non-point  sources of pollution.   It should be noted,
           however, that the Clean Water Act assigns responsibility for control of
I           n~~~on-point  sources  of  pollution  to  the  states.    Certification  of
           compliance with applicable effluent limitations and water quality
           standards required under provisions of Section 401 of the Clean Water Act
           will   be   considered   conclusive   with   respect   to   water   quality
           considerations   unless   the   Regional   Administrator,   Environmental
           Protection Agency (EPA) advises of other water quality aspects to be
3          ~~~taken into consideration.

           (d)  Historic, cultural,  scenic, and recreational values.  Applications
           for CBJW permits may involve areas which possess recognized historic,
I         ~ ~~cultural,  scenic,  conservation,  recreational  or  similar  values.   Full
           evaluation of the general public interest requires that due consideration
           be given to the effect which the proposed structure or activity may have
           on values such as those associated with wild and scenic rivers, historic
           properties and National Landmarks, National Rivers, National Wilderness
           Areas,   National   Seashores,   National   Recreation   Areas,   National
           Lakeshores, National Parks, National Monuments, estuarine and marine
I         ~ ~~sanctuaries,  archeological  resources,  including  Indian  religious  or
           cultural sites, and such other areas as may be established under federal
           or state law for similar and related purposes.   Recognition of those
I         ~ ~~values  is  often  reflected  by  state,  regional,  or  local  land  use
           classifications, or by similar federal controls or policies.  Action on
           permit applications should, insofar as possible, be consistent with, and
           avoid significant adverse effects on the values or purposes for which
           those classifications, controls, or policies were established.
           (e)   Consideration  of  property  ownership.   Authorization  of  work  or
I         ~ ~~structures by CBJ does not convey a property right,  nor authorize any
           injury to property or invasion of other rights.






    (1)   AD  inherent  aspect  of  property  ownership  is  a  right  to
reasonable private use.  However, this right is subject to the rights andI
interests of the public in the navigable and other waters of the United
States, including the federal navigation servitude and federal regulation
for environmental protection.3
    (2) Because a landowner has the general right to protect property
from erosion, applications to erect protective structures will usually
receive favorable consideration.   However,  if the protective  structureI
may cause damage to the property of others, adversely affect public
health and safety, adversely impact floodplain or wetlands values, or
otherwise appears contrary to the public interest, the CBJ will so adviseI
the applicant and inform him of possible alternative methods of
protecting his property. Such advice will be given in terms of general
guidance only so as not to compete with private engineering firms nor
require undue use of government resources.
    (3)  A riparian landowner's general  right of access to navigable
waters of the United States is subject to the similar rights of accessI
held by nearby riparian landowners and to the general public's right of
navigation on the water surface.  ID the case of proposals which create
undue interference with access to, or use of, navigable waters, the
authorization will generally be denied.
    (4)  A CBJW permit does not convey any property rights, either in
real estate or material, or any exclusive privileges.   Furthermore,  aI
CBJW permit does not authorize any injury to property or  invasion of
rights  or  any  infringement  of  federal,  state  or  local  laws  or
regulations.   Thle  applicant's  signature  on  an  application  is  anI
affirmation that the applicant possesses or will possess the requisite
property interest to undertake the activity proposed in the application.
The CBJ will not enter into disputes but will remind the applicant of the
above. The dispute over property ownership will not be a factor in the
CW3 public interest decision.
(f)  Activities affecting coastal zones.  Applications for CBJW permits3
for activities affecting the coastal zones of those states having a
coastal zone management program approved by the Secretary of Commerce
will  be evaluated  with  respect  to compliance  with  that  program.   No
permit will be issued to a non-federal applicant until certification has
been provided that the proposed activity complies with the coastal zone
management program and the appropriate state agency has concurred with
the certification or has waived its right to do so.  However, a permitI
may be issued to a non-federal applicant if the Secretary of Commerce, on
his own initiative or upon appeal by the applicant, finds that. the
proposed activity is consistent with the objectives of the Coastal ZoneI
Management Act of 1972 or is otherwise necessary in the interest of
national security.  Federal agency and Indian tribe applicants for CBJW
permits are responsible for complying with the Coastal Zone Management
Act's directives for assuring that their activities directly affecting
the coastal zone are consistent, to the maximum extent practicable, with
approved state coastal zone management programs.




                                 6







           (g)  Other federal, state, or local requirements.  (1)  Processing of an
           application for a C83W permit normally will proceed concurrently with the
           processing of other required federal, state and/or local authorizations
           or certifications. Final action on the CBJW permit will normally not be
           delayed pending action by another federal, state, or local agenc~y.
           However, where the required federal, state and/or local authorization
           and/or certification has been denied for activities which also require a
           C&Jw permit before final action has been taken on the CBJW permit
I         ~ ~~application, the Cai will, after considering the likelihood of subsequent
           approval of the other authorization and/or certification and time and
           effort remaining to complete processing the CBJW permit application,
I         ~ ~~either immediately deny the 083W permit without prejudice or continue
           processing  the  application  to  a  conclusion.   If  the  CBJ  continues
           processing the application, it will conclude by either denying the permit
           as contrary to the public interest, or denying it without prejudice
           indicating that except for the other federal, state, or local denial the
           CBJW permit  could,  under  appropriate  conditions,  be  issued.   Denial
           without prejudice means that there is not prejudice to the right of the
I         ~ ~applicant  to  reinstate  processing  of  the  CBJW permit  application  if
           subsequent approval is received from the appropriate federal, state
           and/or  local  agency  on  a  previously  denied  authorization  and/or
I        ~ ~~certification.   Even if official  certification and/or authorization  is
           not required by state or federal law, but a. state, regional, or local
           agency having jurisdiction or interest over the particular activity
           comments on the application, due consideration shall be given to those
           official views as a reflection of local factors of the public interest.
                (2) The primary responsibility for determining zoning and land use
I        ~ ~~matters rests with state,, and local governments.   If an approved permit
           is being considered for veto by the district engineer, the district
           engineer will normally accept decisions by such governments on those
           matters unless there are significant issues of overriding national
           importance.  Such issues would include but are not necessarily limited
           to, national security, navigation, national economic development, water
           quality, preservation of special aquatic areas, including wetlands, with
I        ~ ~~significant interstate importance, and national energy needs.  Whether a
           factor has overriding importance will depend on the degree of impact in
*          ~~~an individual case.

                (3) In the absence of overriding national factors of the public
           interest that may be revealed during the evaluation of the permit
           application, a permit will generally be issued on category C and D
           wetlands following receipt of a favorable CBJ determination provided the
           concerns, policies, goals, and requirements as expressed in applicable
           statutes  have  been  considered  and  followed   (e.g.,  the  National
I        ~ ~~Environm~ental Policy Act;  the Fish and Wildlife Coordination Act;  the
           Historical and Archeological Preservation Act; the National Historic
           Preservation Act; the Endangered Species Act; the Coastal Zone Management

           Act; the Marine Protection, Research and Sanctuaries Act of 1972 as







         I                                     ~~~~~~~~~~~~~~~~~7







amended; the Clean Water Act, the Archeological Resources Act, and the
American  Indian  Religious  Freedom  Act).   Similarly,  a  permit  will
generally be issued for CBJ, state and federally authorized activities; a
CBJ, state or another federal agency's authorization to proceed is
entitled to substantial consideration in the C&J's public interest
review.

    (4) Where general permits to avoid duplication are not practical,
permitting authorities shall develop joint procedures with those local,
state, and federal agencies having ongoing permit programs for activities
also  regulated  by  the  Department  of  the  Army.   ID  such  cases,
applications for DA permits may be processed jointly with the state orI
federal applications to an independent conclusion and decision by the
district engineer and the appropriate federal or state agency or the CBJ.

(h)  Safety of impoundment structures.  To insure that all impoundmentI
structures are designed for safety, non-federal applicants may be
required to demonstrate that the structures comply with established state
dam safety criteria or have been designed by qualified persons and, inI
appropriate cases, that the design has been independently reviewed, and
modified as the review would indicate, by similarly qualified persons.

(i)  Floodplain management.  (1)  Floodplains possess significant natural
values and carry out numerous functions important to the public
interest. These include:

         (A) Water resource values (natural moderation of floods, water
    quality maintenance, and groundwater recharge);3

         (B)   Living  resource  values  (fish,  wildlife,  and  plant
    resources);

         (C)  Cultural  resource  values  (open  space,  natural  beauty, 
    scientific study, outdoor education, and recreation); and

         (D)  Cultivated resource values (agriculture, aquaculture, andI
    forestry).

    (2)  Although a particular alteration to a fioodplain may constitute3
a minor change, the cumulative impact of such changes may result. in a
significant degradation of floodplain values and functions and in
increased potential for harm to upstream and downstream activities.  In
accordance with the requirements of Executive Order 11988, the CBJ, as
part of their public interest review, should avoid to the extent
practicable, long and short term significant adverse impacts associated
with the occupancy and modification of floodplains, as well as the directI
and indirect support of floodplain development whenever there is a
practicable  alternative.   For  those  activities,  which  in  the  public

interest must occur in or impact upon floodplains, the C3J shall insure,






           to the maximum extent practicable, that the impacts of potential flooding
           on human health, safety, and welfare are minimized, the risks of flood
           losses are minimized, and whenever practicable the natural and beneficial
           values served by floodplains are restored and preserved.

                (3) In accordance with Executive Order 11988, the CBJ should avoid
           authorizing floodplain developments whenever practicable alternatives
           exist  outside  the  floodplain.   If  there  are  no  such  practicable
I        ~ ~alternatives,  the  CBJ  shall  consider,  as  a  means  of  mitigation,
           alternatives within the floodplain which will lessen any significant
           adverse impact to the floodplain.
           (j)  Water supply and conservation.   Water  is an essential  resource,
           basic to human survival, economic growth, and the natural environment.
          Water conservation requires the efficient use of water resources in all
           actions which involve the significant use of water or that significantly
           affect the availability of water for alternative uses including
           opportunities to reduce demand and improve efficiency in order to
I        ~ ~~minimize new supply requirements.  Actions affecting water quantities are
           subject to Congressional policy as stated in the Clean Water Act which
          provides that the authority of states to allocate water quantities shall
I        ~ ~~not be superseded, abrogated, or otherwise impaired.
           (k    Energy  conservation  and  development.   Energy  conservation  and
           development  are  major  national  objectives.   The  CBJ  will  give  high
          priority to the processing of permit actions involving energy projects.
           (1)  Environmental benefits.  Some activities that require C13JW permits
I        ~ ~~result in beneficial effects to the quality of the environment.  The CBJ
          will weigh these benefits as well as environmental detriments along with
           other factors of the public interest.
           Cm Economics. When private enterprise makes application for a permit,
           it will generally be assumed that appropriate economic evaluations have
           been completed, the proposal is economically viable, and is needed in the
I        ~ ~market  place.   However  the  CBJ,  in  appropriate  cases,  may  make  an
           independent review of the need for the project from the perspective of
           the overall public interest. The economic benefits of many projects are
I        ~ ~~important to the local community and contribute to needed improvements in
           the local economic base, affecting such factors as employment, tax
           revenues, community cohesion, community services, and property values.
          Many projects also contribute to the National Economic Development (NED);
           i.e., the increase in the net value of the national output of goods and
           services.
I          ~~~(n)  Mitigation.   (1)  Mitigation is an important aspect of the review
          and balancing process on many CBJ permit applications.   Consideration of
          mitigation will occur throughout the permit application review process
I        ~ ~~and includes avoiding, minimizing, rectifying, reducing, or compensating







        I                                     ~~~~~~~~~~~~~~~~9






for resource losses. Losses will be avoided to the extent practicable.
Compensation may occur on-site or at an off-site location.  MitigationI
requirements generally fall into three categories.
         (A) Project modifications to minimize adverse project impacts
    should be discussed with the applicant at pre-application meetingsI
    and during application processing. As a result of these discussions
    and as the CB3J's evaluation proceeds, the CBJ may require minor
    project modif ications.  minor project modifications are those thatI
    are considered feasible, cost, constructability, etc., to the
    applicant and that, if adopted, will result in a project that
    generally   meets   the   applicant's   purpose   and   need.    SuchI
    modifications can include reductions in scope and size; changes
    inconstruction methods, materials or timing; and operation and
    maintenance practices or other similar modifications that reflect a
    sensitivity to environmental quality within the context of the work
    proposed.  For example, erosion control features could be required
    on a fill project to reduce sedimentation impacts or a pier could be
    reoriented  to  minimize  navigational  problems  even  though  thoseI
    projects may satisfy all legal requirements and the public interest
    review test without such modifications.
         (B)  For category  C wetlands,  mitigation  shall  be used  to 
    retain the overall functional value within the metropolitan area of
    Juneau such that there is no net loss of total functional value (See
    "Mitigation Bank'.)  Individual functional value is measured by theI
    CBJ Wetlands Evaluation Technique Rapid Assessment Methodology
     ('Juneau Functions and Values, Appendix D"). Total functional value
    is measured by the CBJ Wetlands Weighting Methodology.
         (C) Further mitigation measures may be required to satisfy
    legal requirements. For Section 404 applications, mitigation shall
    be required to ensure that the project complies with the 404(b)(1)
    guidelines.
         (D)  mitigation measures in addition to those of this section 
    may be required as a result of the public interest review process.
    Mitigation should be developed and incorporated within the public
    interest review process to the extent that the mitigation is foundI
    by the CBJ to be reasonable and justified.   Only those measures
    required to insure that the project is not contrary to the public
    interest may be required under this subparagraph.

     (2)  All compensatory mitigation will be for significant resource
losses which are specifically identifiable, reasonably likely to occur,
and  of  importance  to  the  human  or  aquatic  environment.   Also,  allI
mitigation will be directly related to the impact of the proposal,
appropriate to the scope and degree of those impacts,  and reasonably
enforceable.  The CBJ will require all forms of mitigation,  including
compensatory mitigation, only as provided in paragraphs (S)(1)(A) through
(C)  of  this  section.   Additional  mitigation  may  be  added  at  the
applicants' request.




                                 10






              Article   .Permits for Discharges of Dredged or fill material
    I                        ~ ~~~~~~~into waters of the United States
          49.00.000      GENERAL.    (a)  This  regulation prescribes,  in addition
          to the general policies, those special policies, practices, and
          procedures to be followed by the CBJ in connection with the review of
          applications for CBJW permits to authorize the discharge of dredged or
          fill material into waters of the United States pursuant to section 404 of
          the Clean Water Act. Certain discharges of dredged or fill material into
          waters of the United States are also regulated under other authorities of
          the Department of the Army.  These include dams and dikes in navigable
          waters of the United States pursuant to Section 9 of the Rivers and
          Harbors Act of 1899 and certain structures or work in or affecting
          navigable waters of the United States pursuant to Section 10 of the
          Rivers and Harbors Act of 1899. A DA permit will also be required under
          these additional authorities if they are applicable to activities
          involving discharges of dredged or fill material into water of the United
          States.   A CBJW permit  will  also be  required  under  these  additional
I        ~ ~~authorities if they are applicable to activities involving discharges of
          dredged or fill material into water of the United States within category
          C and D wetlands.  Applicants for DA or CBJW permits under this part
*          ~~~should refer to the other cited authorities and implementing regulations
          for these additional permit requirements to determine whether they also
          are applicable to their proposed activities.
I          ~~~(b)  Definitions.  For the purpose of this part, the following terms are
          defined:
               (1)  The term "waters of the United States'  and all other terms
          relating to the geographic scope of jurisdiction are defined at (33 CPR
          Part 328.)
 1             ~~~~(2)  The term 'lake' means a standing body of open water that occurs
          in a natural depression fed by one or more streams from which a stream
          may flow, that occurs due to the widening or natural blockage or cutoff
I        ~ ~of a river or stream, or that occurs in an isolated natural depression
          that is not a part of a surface river or stream. The term also includes
          a standing body of open water created by artificially blocking or
I        ~ ~~restricting the flow of a river, stream, or tidal area.  As used in this
          regulation, the term does not include artificial lakes or ponds created
          by excavating and/or diking dry land to collect and retain water for such
          purposes as stock watering, irrigation, settling basins, cooling, or rice
          growing.
               (3) The term "dredged material" means material that is excavated or
          dredged from waters of the United States.






     (4) The term "discharge of dredged material' means any addition of
dredged material into the water of the United States.  The term includes,U
without limitation, the addition of dredged material to a specified
discharge site located in waters of the United States and the runoff or
overflow from a contained land or water disposal area.   Discharges of
pollutants into waters of the United States resulting from the onshoreI
subsequent processing of dredged material that is extracted for any
commercial use are not included within this term and are subject to
Section  402 of  the Clean Water Act  even  through  the  extraction  andI
deposit of such material may require a permit from the Corps of
Engineers.  The term does not include plowing, cultivating,  seeding and
harvesting for the production of food fiber and forest products.   See
section (discharges not requiring permits) for the definition of these
terms.   The term  does  not  include  minimum,  incidental  soil  movement
occurring during normal dredging operations.

     (5) The term "fill material' means any material used for the
primary purpose of replacing an aquatic area with dry land or of changing
the bottom elevation of any waterbody.  The term does not include any              
pollutant discharged into the water primarily to dispose of waste, as
that activity is regulated under Section 402 of the Clean Water Act.

     (6)  The term "Discharge of fill material"  means the addition ofI
fill material  into waters of  the United  States.   The term generally
includes,  without  limitation,  the  following  activities:   placement  of
fill that is necessary to the construction of any structure in a water ofI
the United States; the building of any structure or impoundment requiring
rock,   sand,   dirt,   or   other   material   for   its   construction;
site-development   fills   for   recreational,   industrial,   commercial,
residential, and other uses; causeways or road fills; dams and dikes;
artificial islands; property protect-ion and/or reclamation devices such
as  riprap,  groins,   seawalls,   breakwaters,   and   revetments;   beach
nourishment;  levees;  fill  for  structures  such  as  sewage  treatmentI
facilities.; intake and outfall pipes associated with power plants and
subsequent  utility  lines;  and  artificial  reefs.   The  term  does  not
include plowing, cultivating, seeding and harvesting for the productionI
of food, fiber, and forest products.

     (7) The term "individual permit' means a Department of the Army
authorization that is issued following a case-by-case evaluation of a
specific project involving the proposed discharge~s) in accordance with
the procedures of this part and a determination that the proposed
discharge is in the public interest pursuant to section (general
regulatory policies).

     (8) The term OCBJ Wetland Permit. means a City and Borough of
Juneau authorization that is issued following a case-by-case evaluation
of a specific project involving the proposed discharge~s) in accordance
with the procedures of this part and a determination that the proposed
discharge is in the public interest pursuant to (general regulatory
policies).





                                 12







          49.00.000      DISCHARGES REQUIRING PERMITS.      (a)  General.  Except as
          provided in section (discharges not requiring permits) of this section,
          CBJW permits will be required for the discharge of dredged or fill
          material into waters of the United States within category C and D
5         ~~~wetlands.  Certain discharges specified in 33 CFR Part 330 are permitted
          by  that  regulation  ("ationwide  permits").   Other  discharges  may  be
          authorized by district or division engineers on a regional basis
          ("regional permits"). If a discharge of dredged or fill material is not
          exempted by section (discharges not requiring permits), an individual or
          regional section 404 permit will be required for the discharge of dredged
          or fill material into water of the United States.

          (b) Activities of the CBJ. Discharges of dredged or fill material into
          waters of the United States done by or on behalf of the CBJ are subject
          to the authorization procedures of these  regulations.  Agreement  for
          construction or engineering services performed for other agencies by the
          CBJ does not constitute authorization under the regulations.   The CBJ
          will therefore advise its agencies and instrumentalities accordingly and
          cooperate to the fullest extent in expediting the processing of their


I         ~~~49.00.000    DISCHARGES NOT REQUIRING PERMITS.   (a)  General.  Except
          as specified in paragraphs (b) and (c) of this section, any discharge of
          dredged or fill material Chat may-result from any of the following
          activities is not prohibited by or otherwise subject to regulation under
          section 404:
               (1)(A) Normal farming, silviculture and ranching activities such as
I        ~ ~plowing,  seeding, cultivating,  minor drainage,  and harvesting  for the
          production of food, fiber, and forest products, or upland soil and water
          conservation practices as defined in paragraph (a)(l)(c) of this section.

                    (8) To fall under this exemption, the activities specified in
               paragraph (a)(1)(A) of this section must be part of an established
               (i.e., ongoing) farming, silviculture, or ranching operation and
               must be in accordance with definitions in Section (a)(l)(c).
               Activities on areas lying fallow as part of a conventional
               rotational cycle are part of an established operation.  Activities
 I           ~~~~which bring an area into farming, silviculture, or ranching use are
               not part of an established operation.  An operation ceases to be
               established when the area on which it was conducted has been
               converted to another use or has lain idle so long that modifications
               to the hydrological regime are necessary to resume operations.  If
               an activity takes place outside the waters of the United States, or
               if it does not involve a discharge, it does not need a section 404
 I           ~~~permit,  whether  or  not  it  is part  of  an  established  farming,
               silviculture, or ranching operation.









                                            13






    (C) (i) Cultivating means physical methods of soil treatment
employed within established farming, ranching and silviculture landsI
on farm, ranch, or forest crops to aid and improve their growth,
quality or yield.

         (ii)  Harvesting means physical measures employed directlyU
    upon  farm,   forest,   or   ranch  crops  within   established
    agricultural and silvicultural lands to bring about their
    removal from farm, forest, or ranch land, but does not includeI
    the construction of farm, forest, or ranch roads.

    (D)(i) minor Drainage means: The discharge of dredged or fill
material incidental to connecting upland drainage facilities to
waters of the United States, adequate to effect the removal of
excess soil moisture from upland crop lands;5

The discharge of dredge or fill material for the purpose of
installing  ditching  or  other   such  water  control  facilities
incidental to planting, cultivating, protection, or harvest of rice,I
cranberries or other wetland crop species, where these activities
and the discharge occur in waters of the United States which are in
established use for such agricultural and silvicultural wetland crop
production;
The discharge of dredged or fill material for the purpose of
manipulating  the  water  levels  of,  or  regulating  the  flow  orI
distribution or water within existing impoundments which have been
constructed in accordance with applicable requirements of CWA, and
which  are  in  established  use  for  the  production  of  rice,I
cranberries, or other wetland crop species.
The discharges of dredged or fill material incidental to the
emergency removal of sandbars, gravel bars, or other similar
blockages which are formed during flood flows or other events, where
such blockages close or constrict previously existing drainageways
and, if not promptly removed, would result in damage to or loss ofI
existing crops or would impair or prevent the plowing, seeding,
harvesting, or cultivating of crops on land in established use for
crop  production.   Such  removal  does  not  include  enlarging  orI
extending the dimensions of, or changing the bottom elevations of
the affected drainageway as it existed prior to the formation of the
blockage. Removal must be accomplished within one year of discovery
of such blockages in order to be eligible for exemption.
    (D)(ii)  minor drainage  in waters  of  the  United  States  is
limited to drainage within areas that are part of an establishedI
farming or silviculture operation.   It does not  include drainage
associated with the immediate or gradual conversion of a wetland to
a non-wetland (e.g., wetland species to upland species not typically
adapted to life in saturated soil conditions), or conversion from





                            14






                the wetland use to another (for example, silviculture to farming).
 I            ~ ~~~In addition, minor drainage does not include the construction of any
                canal, ditch, dike or other waterway or structure which drains or
                otherwise significantly modifies a stream, lake, swamp, bog or any
 I            ~ ~~~other wetland or aquatic  area constituting waters of the United
                States. Any discharge of dredged or fill material into the waters
                of the United States incidental to the construction of any such
                structure or waterway requires a permit.
                     (E) Plowing means all forms of primary tillage, including
               moldboard, chisel, or wide-blade plowing, discing, harrowing and
 I            ~ ~~~similar physical means utilized on farm, forest or ranch land for
                the breaking up, cutting, turning over, or stirring of soil to
               prepare it for the planting of crops. The term does not include the
                redistribution of soil, rock, sand, or other surf icial materials in
                a manner which changes any area of the waters of the United States
                to dry land. For example, the redistribution of surface materials
                by blading, grading, or other means to fill in wetland areas is not
 I            ~ ~~~plowing.   Rock crushing  activities  which  result  in the  loss  of
                natural drainage characteristics, the reduction of water storage and
               recharge capabilities, or the overburden of natural water filtration
 U            ~ ~~~capacities do not constitute plowing.   Plowing as described above
               will never involve a discharge of dredged or fill materials.

                    (F)   Seeding  means  the  sowing  of  seed  and  placement  of
 1            ~ ~~~seedlings to produce farm, ranch, or forest crops and includes the
               placement of soil beds for seeds or seedlings on established farm
               and forest lands.
                (2)  maintenance,  including  emergency  reconstruction  of  recently
          damaged parts, or currently serviceable structures such as dikes, dams,
           levees, groins, riprap, breakwaters, causeways, bridge abutments or
          approaches, and transportation structures.  Maintenance does not include
          any modification that changes the character, scope, or size of the
          original  fill  design.   Emergency  reconstruction  must  occur  within  a
           reasonable period of time after damage occurs in order to qualify for
          this exemption.

 1              ~~~(3)   Construction  or  maintenance  of  farm  or  stock  ponds  or
          irrigation ditches, or the maintenance of drainage ditches, discharges
          associated with siphons, pumps, headgates, wingwalls, weirs, diversion
          structures, and such other facilities as are appurtenant and functionally
          related to irrigation ditches are included in this exemption.

               (4)   Construction   of   temporary   sedimentation   basins   on   a
          construction site which does not include placement of fill material into
          water of the United States.  The term 'construction site' refers to any
          site involving the erection of buildings, roads, and other discrete
I        ~ ~structures  and  the  installation  of  support  facilities  necessary  for
          construction and utilization of such structures. The term also includes






        1                                     ~~~~~~~~~~~~~~15







any other land areas which involve land-disturbing excavation activities,
including quarrying or other mining activities, where an increase in theI
runoff  of  sediment  is  controlled  through  the  use  of  temporary
sedimentation basins.

    (5)  Any activity with respect to which a state has an approvedI
program under section 208(b)(4) of the Clean Water Act which meets the
requirements of sections 208(b)(4)(B) and (C).5

    (6)  Construction or maintenance of farm roads,, forest roads,, or
temporary roads for moving mining equipment, where such roads are
constructed and maintained in accordance with best management practicesI
(BMPs) to assure that flow and circulation patterns and chemical and
biological characteristics of waters of the United States are not
impaired, that the reach of the waters of the United States is not
reduced, and that any adverse effect on the aquatic environment will be
otherwise minimized.  These BMiPs which must be applied to satisfy this
provision shall include those detailed BMiPs described in the state's
approved program description pursuant to the requirements of 40 CFR PartI
233.22(i), and shall also include the following baseline provisions.

         (A) Permanent roads (for farming or forestry activities),
    temporary access roads (for mining, forestry, or farm purposes) and
    skid trails (for logging) in waters of the United States shall be
    held to the minimum feasible number, width, and total length
    consistent with the purpose of specific farming, silvicultural or
    mining operations, and local topographic and climatic conditions.

         (B)   All  roads,  temporary  or  permanent,  shall  be  located5
    sufficiently far from streams or other water bodies (except for
    portions of such roads which must cross water bodies) to minimize
    discharges of dredged or fill material into water of the United
    States
         (C) The road fill shall be bridged, culverted, or otherwise
    designed to prevent the restriction of expected flood flows.
         (D) The fill shall be properly stabilized and maintained
    during and following construction to prevent erosion.
         (E) Discharges of dredged or fill materials into waters of the
    United States to construct a road f ill shall be made in a manner
    that minimizes the encroachment of trucks, tractors, bulldozers, or
    other heavy equipment within water of the United States (including
    adjacent wetlands) that lie outside the lateral boundaries of the
    fill itself.
         (F)   In  designing,  constructing,  and  maintaining  roads,
    vegetative disturbance in the waters of the United States shall beI
    kept to a minimum.






                                161







                   (G)  The  design,  construction  and  maintenance  of  the  road
I            ~ ~~~crossing shall not disrupt the migration or other movement of those
              species of aquatic life inhabiting the water body.

 5                  ~~~~~(H)   Borrow  material  shall  be  taken  from  upland  sources
              whenever feasible.

                   (I) The discharge shall not take, or jeopardize the continued
              existence of a threatened or endangered species as defined under the
              Endangered Species Act, or adversely modify or destroy the critical
              habitat of such species.

                   (J) Discharges into breeding and nesting areas for migratory
              waterfowl, spawning areas, and wetlands shall be avoided if
*             ~~~~practical alternatives exist.

                   (K) The discharge shall not be located in the proximity of a
3             ~~~~public water supply intake.

                   CL) The discharge shall not occur in areas of concentrated
              shellfish production.
 I                  C~~~~~M)  The  discharge  shall  not  occur  in a component  of  the
              National Wild and Scenic River System.

 I                  ~~~~~(N)   The  discharge  of  material  shall  consist  of  suitable
              material free from toxic pollutants in toxic amounts, and

 5                 ~~~~~(0)  All temporary fills shall be removed in their entirety and
              the area restored to its original elevation.

         (b) If any discharge of dredged or fill material resulting from the
         activities listed in paragraphs (a)(1) through (6) of this section
         contains any toxic pollutant listed under section 307 of the Clean Water
         Act such discharge shall be subject to any applicable toxic effluent
         standard or prohibition, and shall require a Section 404 permit.
         Cc) Any discharge of dredged or fill material into waters of the United
         States incidental to any of the activities identified in paragraphs
         (a)Cl1) through (6) of this section must have a permit if it is part of an
         activity whose purpose is to convert an area of the waters of the United
         States into a use to which it was not previously subject, where the f low
         or circulation of waters of the United States may be impaired or the
         reach of such waters reduced. Where the proposed discharge will result
         in significant discernible alterations to flow or circulation, the
         presumption is that flow or circulation may be impaired by such
         alteration. For example, a permit will be required for the conversion of
         a cypress swamp to some other use or the conversion of a wetland from
         silvicultural to agricultural use when there is a discharge of dredged or
         fill material into waters of the United States in conjunction with






                                           17







construction of dikes, drainage ditches or other works or structures used
to effect such conversion. A conversion of a Section 404 wetland to a
nion-wetland is a change in use of an area of waters of the United
States. A discharge which elevates the bottom of waters of the United
States without converting it to dry land does not thereby reduce the3
reach of, but may alter the flow or circulation of, waters of the United
States.

(d) Federal projects which qualify under the criteria contained inI
section 404(r) of the Clean Water Act are exempt from section 404 permit
requirements, but may be subject to other state of federal requirements.


49.00.000      TEMPORARY EMERGENCY PERMITS.   (a)  The CBJ may issue  a
temporary emergency CBLJW permit for a regulated activity if:3

    (1) A threat to life or a severe loss of property will occur if an
emergency permit is not granted;3

    (2) The anticipated threat of loss may occur before a permit can be
issued. 

         (A) The emergency permit shall be limited in duration to the
    time required to complete the authorized emergency activity, not to
    exceed 90 days.   if more than the 90 days f rom issuance of the
    emergency permit is required to complete the restoration, the
    emergency permit may be extended to complete this restoration.

         (B)  The emergency permit may be issued orally or in writing byI
    the Director of Commiunity Development, except that if it is issued
    orally, a written emergency permit shall be issued within five days
    thereof.

         (C)  The emergency permit may be terminated at any time without
    process upon a determination by the Wetlands Review Board that this
    action is appropriate to protect human health or the environment.
49.00.000      SPECIAL  POLICIES  AND  PROJCEDURES.   (a)   The  District
Engineer has delegated to the CBJ the authority to issue or deny SectionI
404  permits  fpr  category  C  and  D  wetlands.   The  CBJ  will  review
applications for permits for the discharge of dredged or fill material
into waters of the United States in accordance with guidelines
promulgated by the Administrator, EPA, under authority of section
404(b) (l)  of  the  Clean Water  Act.   Subject  to  consideration  of  any
economic  impact  on  navigation  and  anchorage  pursuant  to  section
404(b) (2),  a permit  will  be denied  if  the  discharge  that  would  beI
authorized by such a permit would not comply with the 404(b)(1)
guidelines.   If the CBJ  determines  that  the proposed  discharge  would
comply with the 404(b) (l) guidelines,  he will grant the permit unlessI
issuance would be contrary to the public interest.






                                181







           (b) The C&I will not issue a permit where the regional administrator of
I        ~ ~EPA has notified the CBJ and applicant in writing pursuant to 40 CFR
          231.2(a)(1) that he intends to issue a public notice of a proposed
          determination to prohibit or withdraw the specification, or to deny,
          restrict or withdraw the use for specification, of any defined area as a.
          disposal site in accordance with Section 404(c) of the Clean Water Act.
          However the CBJ will continue to complete the administrative processing
          of the application while the Section 404(c) procedures are underway
          including completion of final coordination with EPA.

    5                        ~~~~~~~Article.   Processing of Permits

          49.00.000      APPLICATIONS.    (a)   The  processing  procedures  of  this
          part apply to any CBJW permit. This part is arranged in the basic timing
          sequence used by the CBJ in processing applications for CBJW permits.
          (b)  Pre-application  consultation  for  major  applications.   The  staff
I        ~ ~~element  having   responsibility   for  administering,   processing,   and
          enforcing municipal laws and regulations relating to the CBJW regulatory
          program shall be available to advise potential applicants of studies or
1        ~ ~~other information foreseeably required for later municipal action.  The
          CBJ will establish local procedures and policies including appropriate
          publicity programs which will allow potential applicants to contact the
          regulatory staff element to request pre-application consultation.   Upon
I        ~ ~~receipt of such request,, the CBJ will assure the conduct of an orderly
          process which may involve other staff elements and affected agencies and
          the public. This early process should be brief but thorough so that the
I        ~ ~~potential applicant may begin to assess the viability of some of the more
          obvious  potential  alternatives  in  the  application.    The  CBJ  will
          endeavor, at this stage, to provide the potential applicant with all
          helpful information necessary in pursuing the application, including
          factors which the CB3J must consider in its permit decision making
          process. Whenever the CBJ becomes aware of planning for work which may
          require a CBJW permit and which may involve the preparation of an
I        ~ ~environmental  document,  he  shall  contact  the  principals  involved  to
          advise them of the requirement for the permit(s) and the attendant public
          interest review including the development of an environmental document.
I        ~ ~Whenever  a  potential  applicant  indicates  the  intent  to  submit  an
          application  for  work  which  may   require   the  preparation  of  an
          environmental document, a single point of contact shall be designated
          within  the  CBJ's  regulatory  staff  to  effectively  coordinate  the
          regulatory process, including the National Environmental Policy Act
          (NEPA) procedures and all attendant reviews, meetings, hearings, and
          other actions, including the scoping process if appropriate, leading to a
I        ~ ~decision  by  the  CBJ.   Effort  devoted  to  this  process  should  be
          commensurate with the likelihood of a permit application actually being
          submitted to the CBJ. The regulatory staff coordinator shall maintain an
I        ~ ~~open relationship with each potential applicant or his consultants so as
          to assure that the potential applicant is fully aware of the substance of
          the data required by the CBJ for use in preparing an environmental






assessment or an environmental impact statement (EIS) in accordance with
33 CFR Part 230, Appendix BI
(c) Application form. Applicants for all individual CBJW permits must
use the standard application form. Local variations of the application
form for purposes of facilitating coordination with federal, state and
local agencies may be used. The appropriate form may be obtained from
the CBJ.3

(d)   Content  of  application.   (1)   The  application  must  include  a
complete description of the proposed activity including necessary
drawings, sketches, or plans sufficient for public notice; the locations,
purpose and need for the proposed activity; scheduling of the activity;
the names and addresses of adjoining property owners, the location and
dimensions of adjacent structures; and a list of authorizations required5
by other federal, interstate, state, or local agencies for the work,
including all approvals received or denials already made.   See section
(public notice section) for information required to be in public
notices.   The CBJ may  request  specific  information  on a case-by-caseI

    (2) All activities which the applicant plans to undertake which are
reasonably related to the same project and for which a CBJW permit wouldI
be required should be included in the same permit application. The CBJ
should reject, as incomplete, any permit application which fails to
comply with this requirement.  For example, a permit application for aI
marina will include dredging required for access as well as any fill
associated with construction of the marina.

    (3)  If the activity would involve dredging in navigable waters of
the United States, the application must include a description of the
type, composition and quantity of the material to be dredged, the method
of dredging, and the site and plans for disposal of the dredged material.
    (4) If the activity would include the discharge of dredged or fill
material into the waters of the United States or the transportation ofU
dredged material for the purpose of disposing of it in ocean waters, the
application must include the source of the material; the purpose of the
discharge,  a description of the type, composition and quantity of theI
material; and the location of the disposal  site.   Certif ication under
section 401 of the Clean Water Act is required for such discharges into
waters of the United States.5

    (5) If the activity would include the construction of a filled area
or pile or float-supported platform the project description must include
the  use of,  and  specific  structures  to  be  erected  on,  the  fill  orI
platform.









                                20






                (6)   If  the  activity  would  involve  the  construction  of  an
I         ~ ~~impoundment structure, the applicant may be required to demonstrate that
           the structure complies with established state dam safety criteria or that
           the structure has been designed by qualified persons and, in appropriate
           cases, independently reviewed (and modified as the review would indicate)
           by similarly qualified persons.  No specific design criteria are to be
           prescribed nor is an independent detailed engineering review to be made
I          ~~~by the CBJ.

           Ce)  Signature on application.  The application must be signed by the
           person who desires to undertake the proposed activity (i.e., the
I        ~ ~~applicant)  or  by  a  duly  authorized  agent.   When  the  applicant  is
           represented by an agent, that information will be included in the space
           provided on the application or by a separate written statement.   The
           signature of the applicant or the agent will be an affirmation that the
          applicant possesses or will possess the requisite property interest- to
           undertake the activity proposed in the application, except where the
           lands are under the control of the CBJ, in which case the CBJ will
I        ~ ~~coordinate the transfer of the real estate and the permit action.   An
           applicat ion may include the activity of more than one owner provided the
           character of the activity of each owner is similar and in the same
1        ~ ~~general area and each owner submits a. statement  designating  the same
           agent.

           fr)  Complete  application.   An  application  will  be  determined  to  be
          complete when sufficient information is received to issue a public
          notice. The issuance of a public notice will not be delayed to obtain
*          ~~~information necessary to evaluate an application.

           (g) Additional information. In addition to the information indicated in
          paragraph (3) of this section, the applicant will be required to furnish
          only such additional information as the CBJ deems essential to make a
          public interest determination including where applicable a determination
          of compliance with the section 404(b)(1) guidelines or ocean dumping
          criteria. Such additional information may include environmental data and
          information on alternate methods and sites as may be necessary for the
          preparation of the required environmental documentation.

3          ~~~(h)  Fees.  Fees are required for permits under 49.85.  A fee of $lOO
          will be charged when the planned or ultimate purpose of the project is
          commercial or industrial in nature and is in support of operations that
          charge for the production, distribution or sale of goods or services. A
          $25 fee will be charged for permit applications when the proposed work is
          non-commerical in nature and would provide personal benefits that have no
          connection with a commercial enterprise.  The final decision as to the
I        ~ ~basis  for  a  fee  (commercial  vs.  non-commercial)  shall  be  soley  the
          responsibility of the CBJ.  No fee will be charged  if the applicant
          withdraws the application at any time prior to issuance of the








                                            21






permit  or  if the permit  is denied.   Collection  of  the  fee  will  be
deferred  until  the  proposed  activity  has  been  determined  to  be  notI
contrary to the public interest.
    Multiple fees are not to be charged if more than one law is
applicable.  Any modification significant enough to require publicationI
of a public notice will also require a fee. No fee will be assessed when
a permit is transferred from one property owner to another. No fees will
be  charged  for  time  extensions,  general  permits  or  letters  ofI
permission.   Agencies or instrumentalities of federal,, state, or local
governments will not be required to pay any fee in connection with
permits.I

49.00.000      PROCESSING  OF  APPLICATIONS    (a)  Standard  procedures.
(1)   When  an  application  for  a permit  is  received  the  CBJ  shallI
immediately assign it a number for identification, acknowledge receipt
thereof, and advise the applicant of the number assigned to it. He shall
review the application for completeness, and if the application is
incomplete, require from the applicant within 15 days of receipt of the
application any additional information necessary for further processing.

    (2)  Within 15 days of  receipt of an application the CBJ  willI
either determine that the application is complete and issue a public
notice as described in Section (processing of permits) of this part,
unless specifically exempted by other provisions of this regulation orI
that it is incomplete and notify the applicant of the information
necessary for a complete application. The CBJ will issue a supplemental,
revised, or corrected public notice if in his view there is a change inI
the application data that would affect the public's review of the
proposal.
    (3)  The CBJ will consider all comments received in response to theI
public notice in its subsequent actions on the permit application.
Receipt of the comments will be acknowledged,, if appropriate, and they
will  be made  part  of  the  administrative  record  of  the  application.I
Comments received as form letters or petitions may be acknowledged as a
group to the person or organization responsible for the form letter or
petition.  If comments relate to matters within the special expertise ofI
another agency, the CBJ may seek the advice of that agency.  If the CBJ
determines, based on comments received, that it must have the views of
the applicant on a particular issue to make a public interest
determination, the applicant will be given the opportunity to furnish his
views on such issue to the CBJ. At the earliest practicable time, other
substantive comments will be furnished to the applicant for his
information and any views  he may wish  to offer.   A  summary  of  theI
comments, the actual letters or portions thereof, or representative
comment letters may be furnished to the applicant.   The applicant may
voluntarily elect to contact objectors in an attempt to resolve
objections but will not be required to do so. The CI3J will insure that





                                22






           all parties are informed that the CBJ alone is responsible for reaching a
I         ~ ~~decision on the merits of any application.  The CBJ may also offer CBJ
           regulatory staff to be present at meetings between applicants and
           objectors, where appropriate, to provide information on the process, to
           mediate differences, or to gather information to aid in the decision
           process. The CBJ should not delay processing of the application unless
           the applicant requests a reasonable delay, normally not to exceed 30
           days, to provide additional information or comments.

                (4)   The  CBJ  will  follow  Appendix  i3 of  33  CFR  Part  230  for
           environmental procedures and documentation required by the National
I         ~ ~~Environmental  Policy Act of 1969.  A decision on a permit application
           will  require  either  an  environmental  assessment  or  an  environmental
           impact statement unless it is included within a categorical exclusion.

 1              ~~~~(5)  The CBJ will 'also evaluate the application to determine the
           need for a public hearing pursuant to (section on public hearings).

 1              ~~~~(6)  After all above  actions  have  been completed,  the CBJ will
           determine, in accordance with the record and applicable regulations,
           whether or not the permit should be issued.   The CBJ shall prepare a
           statement of findings (SOF) or, where an EIS has been prepared, a record
           of decision (ROD), on all permit decisions. The SOF or ROD shall include
           the CBJ' s views on the probable effect of the proposed work on the public
           interest including conformity with the guidelines published for the
           discharge of dredged or fill material into waters of the United States or
           with the criteria for dumping of dredged material in ocean waters, if
           applicable,, and the conclusions of the CI3J.  The SOF or ROD shall be
I         ~ ~~dated, signed, and included in the record prior to final action on the
           application.  Where the CBJ has delegated authority to sign permits for
           and in his behalf, he may similarly delegate the signing of the SOF or
           ROD.   If the CBJ makes  a decision  on a permit  application which  is
           contrary to state or federal decisions,  the CBJ will  include  in the
           decision document the significant local issues and explain how they are
           overriding  in  importance.   If  a permit  is  warranted,  the  CBJ  will
I        ~ ~~determine the special conditions,  if any, and duration which should be
           incorporated  into  the  permit.   In  accordance  with  the  authorities
           specified in Section (authority to issue or deny permits) of this part,
I        ~~~the CBJ will take final action.   (or forward the application with all
           pertinent comments, records,  and  studies,  including the final  EIS or
           environmental assessment,  through channels to make the final decision.
           The Ct3J will generally combine the SOF, environmental  assessment,  and
           finding of no significant impact (FONSI), 404(b)(l) guideline analysis,
           and/or the criteria for dumping of dredged material in ocean waters into
           a single document.
                (7)  If the f inal decision is to deny the permit, the applicant will
           be advised in writing of the reason(s) for denial.  If the final decision
I         ~ ~~is to issue the permit and a standard individual permit form will be
           used, the issuing official will forward the permit to the applicant for






        1                                      ~~~~~~~~~~~~~~23







signature accepting the conditions of the permit.  The permit is not
valid  until  signed  by  the  issuing  official.   Letters  of  permissionI
require only the signature of the issuing official. Final action on the
permit application is the signature on the letter notifying the applicant
of the denial of the permit or signature of the issuing official on the
authorizing document.
    (8) The CBJ will publish monthly a list of permits issued or denied
during the previous month.  The list will identify each action by publicI
notice number, name of applicant,, and brief description of activity
involved.  It will also note that relevant environmental documents and
the SO~s or RODs are available -upon written request and, where
applicable, upon the payment of administrative fees.  This list will be
distributed to all persons who may have an interest in any of the public
notices listed.5

    (9)  Copies  of permits will  be furnished  to other  agencies  in
appropriate cases as follows:

         (A)   If  the  activity  involves  the  erection  of  an  aerial
    transmission line, submerged cable, or submerged pipeline across a
    navigable water of the United States, to the Charting and Geodetic
    Services, N/CG222, National Ocean Service NOAA, Rockville, Maryland


         (B)  If the activity involves the construction of structures toI
    enhance fish propagation (e.g., fishing reefs) along the coasts of
    the United States, to the Defense Mapping Agency, FHydrographic
    Center and National Ocean Service as in paragraph (a)(9)(i) of this
    section  and  to  the  Director,  Office  of  marine  Recreational
    Fisheries, National Marine Fishries Service, Washington, DC 20235.

         (C)  If the activity is listed in paragraphs (a)(9)(A) or (B)I
    of this section, or involves the transportation of dredged material
    for the purpose of dumping it in ocean waters, to the appropriate
    District Commander, U.S. Coast Guard.
(b)  Procedures for particular types of permit situations.  (1)  Section
401 Water  Quality  Certification.   If  the CBJ determines  that  waterI
quality certification for the proposed activity is necessary under the
provisions of section 401 of the Clean Water Act, he shall so notify the
applicant and obtain from him or the certifying agency a copy of such
certification.
    The public notice for such activity, which will contain a statement
on certification requirements,  will serve as the notification  to theI
Administrator of the Environmental Protection Agency pursuant to section
401(a)(2) of the Clean Water Act.I








                                24






               No permit will be granted until required certification has been
I        ~ ~~obtained or has been waived.  A waiver may be explicit, or will be deemed
           to occur if the certifying agency fails or refuses to act on a request
           for certification within 60 days after receipt of such a request unless
           the CBJ determines a shorter or longer period is reasonable for the state
I        ~ ~~to act.  In determining whether or not a waiver period has commenced or
           waiver has occurred, the CBJ will verify that the certifying agency has
           received  a  valid  request  for  certification.   If,  however,  special
I        ~ ~circumstances  identified  by  the  CBJ  requires  that  action  on  an
           application be taken within a more limited period of time, the CBJ shall
          determine a reasonable lesser period of time, advise the certifying
I        ~ ~agency  of  the  need  for  action  by  a particular  date,  and  that,  if
           certification is not received by that date, it will be considered that
           the requirement  for certification has been waived.   Similarly,  if it
           appears that circumstances may reasonably require a period of time longer
           than 60 days, the CBJ, based on information provided by the certifying
           agency, will determine a longer reasonable period of time, not to exceed
5          ~~~one year, at which time a waiver will be deemed to occur.
                (2)  Coastal Zone Management Consistency.  If the proposed activity
          is to be undertaken in a state operating under a coastal zone management
I        ~ ~program approved by the Secretary of Commerce pursuant to the Coastal
           Zone Management (CZM) Act, the CW3 shall proceed as follows:
                    (A)  If the applicant is a federal agency, and the application
               involves a federal activity in or affecting the coastal zone, the
               CBJ shall forward a copy of the public notice to the agency of the
               state  responsible  for  reviewing  the  consistency  of  federal
 I            ~ ~~~activities.  The federal agency applicant shall be responsible for
               complying with the CZM Act's directive for ensuring that federal
               agency activities are undertaken in a manner which is consistent, to
               the maximum extent practicable, with approved CZM programs.  If the
               state coastal zone agency objects to the proposed federal activity
               on the basis of its inconsistency with the state's approved CZM
               Program, the CBJ shall not make a final decision on the application
               until the disagreeing parties have had an opportunity to utilize the
               procedures specified by the CZM Act for resolving such disagreements.

  ft                ~~~~(B)   If  the  applicant  is  not  a  federal  agency  and  the
               application involves an activity affecting the coastal zone, the CBJ
               shall obtain from the applicant a certification that his proposed
               activity complies with and will be conducted in a manner that is
 I            ~ ~~~consistent with the approved state CZM program.  Upon receipt of the
               certification, the CBJi will forward a copy of the public notice
               (which will include the applicant's certification statement) to the
 I            ~ ~~~state coastal zone agency and request its concurrence or objection.
               If the state agency fails to concur or object to a certification
               statement within six months of the state agency's receipt of the
 ï¿½            ~ ~~~certification   statement,   state   agency   concurrence   with   the
               certification statement shall be conclusively presumed. The C31






                                             25






    will seek agreements with state CZM agencies that the agency's
     failure to provide comments during the public notice comment period
     will be considered as a concurrence with the certification or waiver
     of the right to concur or non-concur.

     (3)  Historic Properties.   If the proposed activity would involveI
any property listed or eligible for listing in the National Register of
Historic Places, the CBJ will proceed in accordance with Corps National
Historic Preservation Act implementing regulations.I
     (4)  Activities Associated with Federal Projects.  If the proposed
activity would consist of the dredging of an access channel and/or
berthing facility associated with an authorized federal navigation
project, the activity will be included in the planning and coordination
of the construction or maintenance of the federal project to the maximum
extent   feasible.    Separate   notice,   hearing,   and   environmentalI
documentation will not be required for activities so included and
coordinated, and the public notice issued by the CBJ for these federal
activities will  be the  notice of  intent  to issue  permits  for  thoseI
included non-federal dredging activities.  The decision whether to issue
or deny such a permit will be consistent with the decision on the federal
project unless special considerations applicable to the proposed activity
are identified.
     (5)  Endangered Species.   Applications  will  be  reviewed  for  the
potential impact on threatened or endangered species pursuant to sectionI
7 of the Endangered Species Act as amended.   The CBJ will  include a
statement in the public notice of his current knowledge of endangered
species based on his initial  review of the application.   If the CBJ
determines that the proposed activity would not affect listed species or
their critical habitat, he will include a statement to this effect in the
public  notice.   If  he  finds  the  proposed  activity  may  affect  an
endangered or threatened  species  or  their  critical  habitat,  he willI
initiate formal consultation procedures with the U.S. Fish and Wildlife
Service or National Marine Fisheries Service.  Public notices forwarded
to  the  U.S.  Fish  and wildlife  Service  or  National  Marine  Fisheries        
Service will serve as the request for information on whether any listed
or proposed to be listed endangered or threatened species may be present
in the area which would be affected by the proposed activity, pursuant to
section  7(c) of  the  Act.   References,  definitions,  and  consultation
procedures are found in 50 CFR Part 402.

     (6)  The CBJ shall consolidate the processing of related aspects ofI
other regulatory programs with the freshwater wetlands permit process
established herein so as to provide a timely and coordinated permit
process consistent with the Federal Act.
(c) Timing of processing of applications. The CBJ will be guided by the
following time limits for the indicated steps in the evaluation process:







                                 26






               (l) The public notice will be issued within 15 days of receipt of
I        ~ ~~all information required to be submitted by the applicant in accordance
          with paragraph (application for permits) of this part.

               (2)  The  comment  period  on  the public  notice  should  be  for  a
I        ~ ~reasonable period of time within which interested parties may express
          their views concerning the permit. The comment period should not be more
          than 30 days nor less than 15 days f rom the date of the notice. Before
          designating comment periods less than 30 days, the CBJ will consider:
                    (A) Whether the proposal is routine or noncontroversial,
                    (B) Mail time and need for comments from remote areas,
                    (C) Comments from similar proposals, and
                    CD) Need for a site visit.
 I             ~~~~Af ter considering the length of the original  comment  period and
          other pertinent factors, the CBJ may extend the comment period up to an
5         ~~~additional 30 days if warranted.
               (3) The CBJ will decide on all applications not later than 60 days
          after receipt of a complete application, unless:
                    (A) precluded as a matter of law or procedures required by law;
                    (B) the case must be referred to higher authority;
                    (C) the comment period is extended,
                    (D) a timely submittal of information or comments is not
               received from the applicant,
                    CE) the processing is suspended at the request of the
 I            ~ ~~~applicant, or
                    (F) information needed by the CBJ for a decision on the
               application cannot reasonably be obtained within the 60-day period.
 I             ~~~~Once the cause for preventing the decision f rom being made within
          the normal 60-day period has been satisfied or eliminated,  the 60-day
          clock will start running again from where it was suspended. For example,
I        ~ ~~if the comment period is extended by 30 days, the CBJ will, absent other
          restraints, decide on the application within 90 days of receipt of a
          complete application. Certain laws require procedures such as state or
I        ~ ~other  federal  agency  certifications,  public  hearings,  environmental
          impact statements, consultation, special studies, and testing which may
          prevent the CBJ from being able to decide certain applications within 60
I         ~~~days.
               (4)  Once the CB3J has sufficient  information  to make  its public
          interest determination, it should decide the permit application even
I        ~ ~~though other agencies which may have regulatory jurisdiction have not yet
          granted their authorizations, except where such authorizations are, by
          federal law, a prerequisite to making a decision or) the CBJW permit
I        ~ ~application.   Permits  granted prior  to  other  authorizations  by other
          agencies should, where appropriate, be conditioned in such manner as to






                                             27






give those other authorities an opportunity to undertake their review
without the applicant biasing such review by making substantial resourceI
commitments on the basis of the CBJW permit. In unusual cases the CBJ
may decide that due to the nature or scope of a specif ic proposal, it
would be prudent to defer taking f inal action until another agency has
acted on its authorization.   In such cases,, it may advise  the other1
agency of his position on the CBJW permit while deferring his final
decision.

    (5) The applicant will be given a reasonable time, not to exceed 30
days, to respond to requests of the CBJ. The CB3J may make such requests
by certified letter and clearly inform the applicant that if he does notI
respond with the requested information or a justification why additional
time is necessary, then his application will be considered withdrawn or a
final decision will be made,  whichever  is appropriate.   If additional
time is requested, the CBJ will either grant the time,, make a final
decision, or consider the application as withdrawn.

    (6)  The time requirements  in these regulations are in terms of5
calendar days rather than in terms of working days.

(d)  Alternative procedures.  The CBJ is authorized to use alternative
procedures as follows:I

    (1)  Letters of permission.   Letters of permission are a type of
permit issued through an abbreviated processing procedure which includes
coordination with federal and state fish and wildlife agencies, as
required by the Fish and Wildlife Coordination Act, and a public interest
evaluation, but without the publishing of an individual public notice.
The letter of permission will not be used to authorize the transportation1
of dredged material for the purpose of dumping it in ocean waters.
Letters of permission may be used:3

         (A) In those cases subject to section 10 of the Rivers and
    Harbors Act of 1899 when, in the opinion of the CBJ, the proposed
    work  would  be  minor,  would  not  have  significant  individual  orI
    cumulative impacts on environmental values, and should encounter no
    appreciable opposition.I

         (B) In those cases subject to section 404 of the Clean Water
    Act after:

         (i)  The CBJ, through consultation with federal and state fish            
         and    wildlife    agencies,    the    Regional    Administrator,
         Environmental Protection Agency, the state water quality
         certifying agency, and, if appropriate, the state Coastal Zone           
         Management Agency, develops a list of categories of activities
         proposed for authorization under LOP procedures.I








                                28






                    (ii) The CBJ issues a public notice advertising the proposed
  I                ~ ~~~~list and the LOP procedures,  requesting comments and offering
                    an opportunity for public hearing; and

                    (iii)  A 401 certification has been issued or waived and, if
                    appropriate,, CZM consistency concurrence obtained or presumed
                    either on a generic or individual basis.

               (2)  Joint procedure.   The  CBJ  is authorized  and  encouraged  to
          develop joint procedures with state and federal agencies with ongoing
          permit programs for activities also regulated by the Department of the
          Army.   Such  procedures  may  be  substituted  for  the  procedures  in
          paragraphs (a)(1) through (a)(3) of this section provided that the
          substantive requirements of those sections are maintained.  The CBJ i s
          also encouraged to develop management techniques such as joint agency
I        ~~~review meetings to expedite the decision making process.   However,  in
          doing so, the applicant's rights to a full public interest review and
5         ~~~independent decision by the CBJ must be strictly observed.

               (3) Emergency procedures. The CBJ is authorized to approve special
          processing  procedures  in  emergency  situations.   An  'emergency'  is  a
          situation which would result in an unacceptable hazard to life, a
          significant loss of property, or an immediate, unforeseen, and
          significant economic hardship if corrective action requiring a permit is
          not undertaken within a time period less than the normal time needed to
I        ~ ~~process  the  application  under  standard  procedures.    In  emergency
          situations, the C3J will explain the circumstances and recommend special
          procedures  as to further  processing of the application.   Even  in an
I        ~~~emergency situation, reasonable efforts will be made to receive comments
          from interested federal, state, and local agencies and the affected
          public.   Also,  notice of any special procedures  authorized  and  their
          rationale is to be appropriately published as soon as practicable.  See
          Temporary Emergency Permit.

I         ~~~49.00.000     PUBLIC NOTICE.   (a)  General.  The public notice is the
          primary method of advising all interested parties of the proposed
          activity for which a permit is sought and of soliciting comments and
          information necessary to evaluate the probable impact on the public
          interest. The notice must, therefore, include sufficient information to
          give a clear understanding of the nature and magnitude of the activity to
          generate meaningful comment.   The notice should include  the  following
          items of information:
               (1) Applicable statutory authority or authorities;

               (2) The name and address of the applicant;

               (3) The name or title, address and telephone number of the CEBJ
I        ~ ~~employee from whom additional information concerning the application may
          be obtained;





                                            29






     (4) The location of the proposed activity;

     (5) A brief description of the proposed activity, its purpose and
intended use,, so as to provide sufficient information concerning the
nature of the activity to generate meaningful commnents, including a
description of the type of structures, if any, to be erected on fills or
pile or float-supported platforms, and a description of the type,
composition, and quantity of materials to be discharged or disposed of in
the ocean;
     (6) A plan and elevation drawing showing the general and specific
site location and character of all proposed activities,  including theI
size relationship of the proposed structures to the size of the impacted
waterway and depth of water in the area;

     (7)  If the proposed activity would occur in the territorial seas orI
ocean waters, a description of the activity's relationship to the
baseline from which the territorial sea is measured;5

     (8) A list of other government authorizations obtained or requested
by the applicant, including required certifications relative to water
quality, coastal zone management, or marine sanctuaries;I

     (9) If appropriate, a statement that the activity is a categorical
exclusion for purposes of NEPA;

    (10)   A  statement  of  the  CBJ's current  knowledge  on  historic
properties;

    (11)  A statements of the CBJ's current  knowledge on endangered
species;

     (12)  A statements) on evaluation factors;U

     (13)  Any other available information which may assist interested
parties in evaluating the likely impact of the proposed activity, if any,I
on factors affecting the public interest;

    (14)   The  comment  period  based  on  Section   (processing  ofI
applications;

    (15)  A statement that any person may request, in writing, within
the comment period specified in the notice, that a public hearing be held3
to consider the application. Requests for public hearings shall state,
with particularity, the reasons for holding a public hearing;                             i

    (16)  For non-federal applications in states with an approved CZM
plan, a statement on compliance with the approved plan.








                                 30






          (b)  Evaluation factors.  A paragraph describing the various evaluation
          factors on which decisions are based shall be included in every public
          notice.
               (1) The following will be included:
 I            ~ ~~"The  decision  whether  to  issue  a permit  will  be  based  on  an
               evaluation of the probable impact including cumulative impacts of
               the proposed activity on the public interest.   That decision will
 I            ~ ~~~reflect the national concern for both protection and utilization of
               important resources. The benefit which reasonably may be expected
               to accrue from the proposal must be balanced against its reasonably
               foreseeable detriments.  All factors which may be relevant to the
               proposal will be considered including the cumulative effects
               thereof; among those are conservation, economics, aesthetics,
               general environmental concerns, wetlands, historic properties, fish
 I            ~ ~~~and wildlife values,  flood hazards,  floodplain values,  land use,
               navigation, shoreline erosion and accretion, recreation, water
               supply and conservation, water quality, energy needs,, safety, food
               and fiber production, mineral needs, considerations of property
               ownership and, in general, the needs and welfare of the people."
               (2) If the activity would involve the discharge of dredged or fill
          material into the waters of the United States or the transportation of
          dredged material for the purpose of disposing of it in ocean waters, the
          public notice shall also indicate that the evaluation of the impact of
I        ~ ~the activity on the public  interest  will  include  application  of the
          guidelines promulgated by the Administrate, EPA, or of the criteria
          established under authority of section 102(a) of the Marine Protection,
          Research and Sanctuaries Act of 1972, as amended.

          (d)  Distribution of public notices.  (1)  Public notices will be sent to
          the applicant, to adjoining property owners, to appropriate state
I        ~ ~agencies,  to appropriate  Indian Tribes  or  tribal  representatives,  to
          concerned federal agencies, to local, regional and national shipping and
          other concerned business and conservation organizations, to appropriate
          River Basin Commissions, to appropriate state and areawide clearing
          houses as prescribed by 0M4B Circular A-95, to local news media and to any
          other interested party. The applicant shall post a sign on the site at
          least seven days prior to the Wetlands Review Board meeting.  The sign
          shall be visible from a public right of way, shall be between four square
          feet and thirty-two square feet in area, shall have a red background, and
          shall indicate in white lettering one hundred twenty five pointor larger
I        ~ ~~that a CBJW permit is being sought for the site, the date of the hearing,
          and that further information is available from the Department of
          Community Development. The applicant shall maintain the sign, and then
I        ~ ~~remove it within fourteen days after final action on the application.
          Copies of public notices will be sent to all parties who have
          specifically requested copies of public notices, to the U.S. Senators and
          Representatives for the area where the work is to be performed, the field
          representative of the Secretary of the Interior, the Regional Director of




        ~~~~~~~~~~~~~~~1






the Fish and Wildlife Service, the Regional Director of the National Park
Service, the Regional Administrator of the Environmental Protection
Agency, the Regional Director of the National Marine Fisheries Service of
the National Oceanic and Atmospheric Administration,, the head of the
state agency responsible for fish and wildlife resources, the State
Historic Preservation Officer,  and the District Commander,  U.S.  CoastI
Guard and the State Division of Government Coordination.

    (2)  In addition to the general distribution of public notices cited1
above, notices will be sent to other addresses in appropriate cases as
follows:

         (A)  if the activity involves the construction of structuresI
    which may affect aircraft operations or for purposes associated with
    seaplane operations, to the Regional Director of the Federal
    Aviation Administration.
         (B)   If  the  activity  would  be  in  connection  with  a
    foreign-trade zone, to the Executive Secretary, Foreign-Trade Zones
    Board,  Department of Commerce,  Washington,  DC   20230 and  to the
    appropriate District Director of Customs as Resident Representative,
    Foreign- Trade Zones Board.5

    (3) It is presumed that all interested parties and agencies will
wish to respond to public notices, therefore a lack of response will be
interpreted as meaning that there is no objection to the proposed
project. A copy of the public notice with the list of the addresses to
whom the notice was sent will be included in the record.  If a question
develops with respect to an activity for which another agency has-
responsibility and that other agency has not responded to the public
notice,  the CBJ may request  its comments.   Whenever  a response  to a
public notice has been received from a member of Congress, either in
behalf of a constituent or himself, the CBJ will inform the member ofI
Congress of the final decision.

    (4)  The CBJ will update public notice mailing lists as least once5
every two years.


49.00.000      CONDITIONING OF PERMITS.  (a)  The CBJ will add specialI
conditions to CBJW permits when such conditions are necessary to satisfy
legal  requirements  or  to  otherwise  satisfy  the  public  interest
requirement.   Permit conditions will be directly related to the impacts3
of the proposal, appropriate to the scope and degree of those impacts,
and reasonably enforceable.

    (1) Legal requirements which may be satisfied by means of CBJ
permit conditions include compliance with the 404(b)(1) guidelines, the
EPA ocean dumping criteria, the Endangered Species Act, and requirements

imposed by conditions on state section 401 water quality certifications.






                                32






               (2) Where appropriate, the CBi may take into account the existence
          of controls imposed under other federal, state, or local programs which
          would achieve the objective of the desired condition, or the existence of
          an enforceable agreement between the applicant and another party
          concerned with the resource in question, in determining whether a
I        ~ ~~proposal complies with the 404(b)(1) guidelines, ocean dumping criteria,
          and other applicable statutes, and is not contrary to the public
          interest. In such cases, the CBJW permit will be conditioned to state
I        ~ ~that material changes in, or a failure to implement and enforce  such
          program or agreement, will be grounds for modifying, suspending, or
          revoking the permit.

 1             ~~~(3)   Such  conditions  may  be  accomplished  on-site,  or  may  be
          accomplished off-site for mitigation of significant losses which are
          specifically identifiable, reasonably likely to occur, and of importance
          to  the  human  or  aquatic  environment.   Mitigation  conditions  can  be
          required as follows:

 5             ~~~Category C Wetlands:  off-site, such that there is no net loss of
               aggregate functional value in terms of acre x weighted WET value
               calculations.  This might be accomplished by completing a specified
              project or contributing cash or in-kind services equal to the cash
               value of mitigation credits necessary to achieve no net loss in
              aggregate wetland acre value.

I          (b)~~ The  CI3J is  authorized  to  add  special  conditions,  exclusive  of
          paragraph (a) of this section,, at the applicant's request or to clarify
          the permit application.

          (c)  If the CBJ determines  that  special conditions  are necessary  to
          insure the proposal will not be contrary to the public interest, but
          those conditions would not be reasonably implementable or enforceable, he
          will deny the permit.
          (d)  If the CBJ has  reason to consider  that the permittee might  be
I       ~ ~prevented for completing work which is necessary to protect the public
          interest, he may require the permittee to post a bond of sufficient
          amount to indemnify the government against any loss as a result of
3         ~~~corrective action it might take.

          49.00.000      FORMS OF PERMITS  (a)  General.   (1)  CBJW permits under
          this regulation will be in the form of individual permits (or general
          permits). The basic format shall be Appendix B3.
               (2) The general conditions included in Appendix A are normally
          applicable to all permits; however, some conditions may not apply to
          certain permits and may be deleted  by the  issuing officer.   Special
          conditions applicable to the specific activity will be included in the
         permit as necessary to protect the public interest in accordance with
          Section (Conditioning of Permits).





                                           33







(b)  Individual permits.   (1)  Standard permits.   A standard permit is
one  which  has  been  processed  through  the  public  interest  reviewI
procedures, including public notice and receipt of comments, described
through this Part. The standard individual permit shall be issued using
Appendix A.I

    (2) Letters of permission. A letter of permission will be issued
where procedures of section (Processing of Permits) have been followed.
It will be in letter form and will identify the permittee, the authorizedI
work and location of the work, the statutory authority, any limitations
on the work, a construction time limit and a requirement for a report of
completed work.  A copy of the relevant general conditions from AppendixU
A will be attached and will be incorporated by reference into the letter
of permission.

    (3)   Programmatic  permits.   Programmatic  permits  are  a  type  ofI
general permit founded on an existing state, local,, or other federal
agency program and designed to avoid duplication with that program.


49.00.000      DURATION  OF  PERMITS   (a)   General.   C&JW  permits  may
authorize  both the work and the  resulting use.   Permits  continue  in
effect until they automatically expire or are modified, suspended, or
revoked.

(b)  Structures.   Permits  for the existence of  a structure or otherI
activity of a permanent nature are usually for an indefinite duration
with no expiration date cited. However, where a temporary structure is
authorized,  or where  restoration  of  a waterway  is  contemplated,  theI
permit will be of limited duration with a definite expiration date.

(c) Works. Permits for construction work, discharge, of dredged or fill
material or other activity and any construction period for a structure3
with a permit of indefinite duration under paragraph (b) of this section
will specify time limits for completing the work or activity. The permit
may also specify a date by which the work must be started,  normallyI
within one year from the date of issuance. The date will be established
by the issuing official and will provide reasonable times based on the
scope and nature of the work involved.  Permits issued for the transport
of dredged material for the purpose of disposing of it in ocean waters
will specify a completion date for the disposal not to exceed three years
from the date of permit issuance.3

(d)  Extensions of time.  An authorization or construction period will
automatically expire if the permittee fails to request and receive' an
extension of time.  Extensions of time may be granted by the CB.J.  TheI
permittee  must  request  the  extension  and  explain  the  basis  of  the
request, which will be granted unless the CBJ determines that an
extension  would  be  contrary  to  the  public  interest.   Requests  for
extensions will be processed in accordance with the regular procedures of






                                34







          Section (Processing of Permits), including issuance of a public notice,
          except that such processing is not required where the CBJ determines that
          there have been no significant changes in the attendant circumstances
          since the authorization was issued.

I         ~~~(e)  Maintenance dredging.   If the  authorized  work  includes  periodic
          maintenance dredging, an expiration date for the authorization of the
          maintenance dredging will be included  in the permit.   The  expiration
          date, which in no event is to exceed ten years f rom the date of issuance
          of the permit, will be established by the issuing official after
          evaluation of the proposed method of dredging and disposal of the dredged
          material in accordance with the requirements of 33 CPR Parts 320 to 325.
          In such cases, the CBJ shall requi re notification of the maintenance
          dredging prior to actual performance to insure continued compliance with
          the requirements of this regulation and 33 CFR Parts 320 to 325.  If the
I        ~ ~~permittee desires to continue maintenance dredging beyond the expiration
          date, he must request a new permit.  The permittee should be advised to
          apply for the new permit six months prior to the time he wishes to do the
5         ~~~maintenance work.


          49.00.000      MODIFICATION,, SUSPENSION,, OR REVOCATION OF PERMITS  (a)
          General. The CBJ may reevaluate the circumstances and conditions of any
          permit, including regional permits, either on his own motion, at the
          request of the permittee, or a third party, or as the result of periodic
I        ~ ~~progress inspections, and initiate action to modify, suspend, or revoke a
          permit as may be made necessary by considerations of the public
          interest. In the case of regional permits, this reevaluation may cover
          individual activities, categories of activities, or geographic areas.
          Among the factors to be considered are the extent of the permittee's
          compliance with the terms and conditions of the permit; whether or not
          circumstances relating to the authorized activity have changed since the
I        ~ ~permit was issued or extended, and the continuing adequacy of or need for
          the permit conditions; any significant objections to the authorized
          activity which were not earlier considered; revisions to applicable
          statutory and/or regulatory authorities; and the extent to which
          modification, suspension, or other action would adversely affect plans,
          investments and actions the permittee has reasonably made or taken in
          reliance on the permit.  Significant increases in scope of a permitted
          activity will be processed as new applications for permits in accordance
          with Section (Processing of Permits) and not as modifications under this
5         ~~~section.

          (b)  Modification.   Upon request by the permittee or,  as a result of
          reevaluation of the circumstances and conditions of a permit, the CBJl may
          determine that the public interest requires a modification of the terms
          or conditions of the permit.  In such cases, the CBJ will hold informal
          consultations with the permittee to ascertain whether the terms and
          conditions can be modified by mutual agreement. If a mutual agreement is

          reached on modification of the terms and conditions of the permit, the






                                            35






CBJ will give the permittee written notice of the modif ication, which
will then become effective on such date as the CBJ may establish. In the
event a mutual agreement cannot be reached by the CBJ and the permittee,
the CBJ will proceed in accordance with paragraph (c) of this section if
immediate suspension is warranted.  In cases where immediate suspension
is not warranted  but  the CEBl determines  that  the permit  should  beI
modified, he will notify the permittee of the proposed modification and
reasons therefor, and that he may request a meeting with the CEBl and/or a
public hearing.  The modification will become effective on the date setI
by the Ca&l which shall be at least ten days af ter receipt of the notice
by the permittee unless a hearing or meeting is requested within that
period.   If  the  permittee  fails  or  refuses  to  comply  with  the
modification the CBJ will proceed in accordance with 33 CFR Part 326.
The CBJl shall consult with resource agencies before modifying any permit
terms or conditions that would result in greater impacts for a project
about which that agency expressed a significant interest in the term,I
condition, or feature being modified, prior to permit issuance.

(c)  Suspension.  The CEBl may suspend a permit after preparing a written5
determination and finding that immediate suspension would be in the
public interest.  The C13J will notify the permittee in writing by the
most expeditious means available that the permit has been suspended with
the reasons therefor, and order the permittee to stop those activities
previously authorized by the suspended permit. The permittee will also
be advised that following this suspension a decision will be made to
either reinstate, modify, or revoke the permit and that he may, within 10I
days of receipt of notice of the suspension, request a meeting with the
CBJl and/or a public hearing to present information in this matter. If a
hearing is requested, the procedures prescribed in 33 CPR Part 327 will
be followed.  After the completion of the meeting or hearing, the CE&l            
will take action to reinstate, modify, or revoke the permit.

(d)  Revocation.   Following completion of the suspension procedures inI
paragraph (c) of this section, if revocation of the permit is found to be
in the public interest, the authority who made the decision on the
original permit may revoke it.  The permittee will be advised in writingI
of the final decision.

49.00.000      AUTHORITY  TO0  ISSUE  OR  DENY  PERMNITS   (a)   General.I
Except as otherwise provided in this regulation, the City Manager,
subject to such conditions as he may from time to time impose, has
authorized the Director of Community Development to issue or deny permits3
for damns or dikes in intrastate waters of the United States pursuant to
section 9 of the Rivers and Harbors Act of 1899, for construction or
other work in or affecting navigable waters of the United States pursuant
to section 10 of the Rivers and Harbors Act of 1899; for the discharge of
dredged or fill material into waters of the United States pursuant to
section 404 of the Clean Water Act; or for the transportation of dredged
material for the purpose of disposing of it into ocean waters pursuant to
section 103 of the Marine Protection, Research and Sanctuaries Act of
1972, as amended. 




                                 36






           The authority to issue or deny permits in interstate navigable waters of
           the United States pursuant to section 9 of the Rivers and Harbors Act of
           March 3, 1899 has not been delegated to the CBJ or his authorized
           representatives.

I          ~~~(b)  The City Manager's Authority.   The City Manager is authorized to
           issue or deny permits in accordance with these regulations pursuant to
           sections 9 and 10 of the Rivers and Harbors Act of 1899; section 404 of
I         ~ ~~the Clean Water Act; and section 103 of the Marine Protection, Research
           and Sanctuaries Act of 1972, as amended, in all cases not required to be
           referred to higher authority.   It is essential to the  legality of a
           permit that it contain the name of the City Manager as the issuing
I        ~ ~~officer.  However, the permit need not be signed by the City Manager in
           person but may be signed f or and in behalf of him by whomever he
           designates.   In cases where permits are denied for reasons other than
I         ~ ~navigation  or  failure  to  obtain  required  local,  state,  or  federal
           approvals or certif ications, the Statement of Findings must conclusively
           justify  a denial  decision.   The  City Manager  is  authorized  to deny
           permits without issuing a public notice or taking other procedural steps
           where required local, state or federal permits for the proposed activity
           have been denied or where he determines that the activity will clearly
           interfere with navigation except in all cases required to be referred to
I         ~ ~~higher authority.  The City Manager is also authorized to add, modify, or
           delete special conditions in permits in accordance with Section
           (Conditioning of Permits) except for those conditions which may have been
I         ~ ~~imposed by higher authority, and to modify, suspend, and revoke permits
           according to the procedures of Section (modification Suspension or
           Revocation  of  Permits).   The  City  Manager  will  refer  the  following
3          ~~~applications to the Planning Commission for resolution:

                (1) when a referral is required by a written agreement between the
3          ~~~head of a state agency and the City Manager;

                (2)  When  the  recommended  decision  is  contrary  to  the  written
           position of the Governor of the state in which the work would be
           performed;
                (3)   When ;there  is  substantial  doubt  as  to  authority,  law,
3          ~~~regulations, or policies applicable to the proposed activity;

                (4) When higher authority requests the application be forwarded for
3          ~~~decision; or
                (5)   When  the  City  Manager  is  precluded  by  law  or  procedures
           required by law from taking final action on the application (e.g.,
           section 9 of the Rivers and Harbors Act of 1899, or territorial sea
           baseline changes).
                (6) When a party files an appeal within twenty days of the signing
I        ~ ~~of a C.BJW permit or denial.






                                             37






(c) Planning Commission authority. The Planning Commission will review
and evaluate all permit applications referred by the City Manager.  TheI
Planning Commission may authorize the issuance or denial of permits
pursuant to section 10 of the Rivers and Harbors Act of 1899; section 404
of the Clean Water Act; and section 103 of the Marine Protection,
Research and Sanctuaries Act of 1972, as amended; and the inclusion of
conditions in accordance with Section (Conditioning of Permits) in all
cases  not  required  to  be  referred  to  the  Corps  of  Engineers.   The
Planning Commission will refer the following applications to the Corps of1
Engineers for resolution:

    (1) When a referral is required by a written agreement between the
head of a federal agency and the Secretary of the Army;

    (2)   When  there  is  substantial  doubt  as  to  authority,  law,
regulations, or policies applicable to the proposed activity;I
    (3) When higher authority requests the application be forwarded for
decision; orI
    (4) When the Planning Commission is precluded by law or procedures
required by law from taking final action on the application.I

49.00.000      AUTHORITY   TO   DETERMINE   JURISDICTION    The   CBJ   is
authorized to determine the area defined by the terms "navigable waters
of the United States' and 'waters of the United States' for category C
and D wetlands except:
(a)  When a determination of navigability is made pursuant  to 33 CFR              
329.14 (division engineers have this authority); or

(b) When EPA makes a section 404 jurisdiction determination under itsI
authority.
A person proposing to engage in a regulated  activity in the general3
vicinity of a freshwater wetlands, prior to applying for a CBLJW permit,
may request from the CBJ a letter of interpretation to establish that the
site of the proposed activity is located in a freshwater wetland. 

The CBJ may require an applicant for a letter of interpretation to
perform and submit to the CBJ an on-site inspection to determine or
verify the general location of the freshwater wetland boundary.   ThisI
inspection shall be subject to approval and verification by the CBJ. If
the CBJ determines that on-site inspection by the CBJ is necessary, the
CBJ shall make the inspection.I
If a person requesting the letter has not made a reasonable good faith
effort to provide the CBJ with information sufficient to make a
determination, the CBJ shall issue a letter of interpretation requiring
the application for a CBJW permit.





                                38






          The CBJ may charge a fee riot to exceed the costs for reviewing the
           information submitted, conducting on-site inspections and for issuing a
           letter of interpretation.
           Any letter of interpretation which determines that the site of a proposed
           regulated activity is not in a freshwater wetlands shall be subject to
           review, modification, or revocation by the COE or EPA within 20 days of
           receipt of the notification by the agency.

           49.00.000      PUBLICITY  The CBJ will establish and maintain a program
           to assure  that potential  applicants  for permits  are  informed  of  the
I         ~ ~requirements of  this  regulation  and of  the  steps  required  to obtain
           permits for activities in waters of the United States or ocean waters.
          Whenever the CBJ becomes aware of plans being developed by either private
I         ~ ~~or public entities which might  require permits  for  implementation,  he
           should advise the potential applicant in writing of the statutory
           requirements and the provisions of this regulation.   Whenever the City
5          ~~~Manager is aware of changes in CBJ regulatory jurisdiction, he will issue
           appropriate public notices.
















        I~~~~~~~~~~~~~3






                      Article _. Enforcement

49.00.000      PURPOSE.   This  section  prescribes  enforcement  policies
and procedures applicable to activities performed without required CBJ`W
permits and to activities not in compliance with the terms and conditions
of issued CBJW permits.   Procedures  for initiating legal actions are
prescribed in Section (Legal Action). Nothing contained in this section
shall establish a non-discretionary duty on the part of the CBJ nor shall
deviation from these procedures give rise to a private right of action3
against the CBJ.
    Enforcement, as part of the overall regulatory program of the CBJ,          
is based on a policy of regulating the waters of the United States by
discouraging activities that have not been properly authorized and by
requiring corrective measures, where appropriate, to ensure those waters
are not misused and to maintain the integrity of the program. There are
several methods discussed in the remainder of this part which can be used
either singly or in combination to implement this policy, while making
the most effective use of the enforcement resources available.  As EPAI
has independent enforcement authority under the Clean Water Act for
unauthorized discharges, the CBJ should normally coordinate with EPA to
determine the most effective and efficient manner by which resolution of
a section 404 violation can be achieved.
49.00.000      UNAUTHORIZED ACTIVITIES.   (a)  Surveillance.   To detect
unauthorized activities requiring permits, the CB.J should make the bestI
use of all available resources.  CBJ employees; members of the public;
and representatives of state, local, and federal agencies should be
encouraged to report suspected violations.  Additionally, the C&J shouldI
consider developing joint surveillance procedures with federal, state, or
local  agencies  having  similar  regulatory  responsibilities,  special
expertise, or interest.3
(b)  Initial investigation.  The C&J should take steps to investigate
suspected   violations   in   a  timely   manner.    The   scheduling   of
investigations will reflect the nature  and location of the suspectedI
violations, the anticipated impacts, and the most effective use of
inspection resources available to the CBJ.  These investigations should
confirm whether a violation exists, and if so, will identify the extent
of the violation and the parties responsible.I

(c)  Formal notifications to parties responsible for violations.  Once
the  CBJ  has  determined  that  a  violation  exists,  it  should  takeI
appropriate steps to notify the responsible parties.

     (1)  If the violation involves a project that is not complete, the3
CBJ's notification should be in the form of a cease and desist order
prohibiting any further work pending resolution of the violation in
accordance with the procedures contained in this section.  See paragraph
(c)(4) of this section for exception to this procedure.
     (2)  If the violation involves a completed project,  a cease and
desist order should not be necessary.   However,  the CBJ should stillI
notify the responsible parties of the violation.


                                 40






                (3) All notif ications, pursuant to paragraphs (c) (l) and (2) of
           this section, should identify the relevant statutory authorities,
           indicate potential enforcement consequences, and direct the responsible
           parties to submit any additional information that the CBJ may need at
           that time to determine what course of action it should pursue in
           resolving the violation;, further information may be requested, as needed,

 3              ~~~~(4)  In situations which would, if a violation were not involved,
           qualify  for emergency procedures pursuant  to  Section   (Processing  of
          Applications), the CBJ may decide it would not be appropriate to direct
           that the unauthorized work be stopped.   Therefore,  in such situations,
           the CBJ may, at its discretion, allow the work to continue, subject to
           appropriate limitations and conditions as it may prescribe, while the
           violation is being resolved in accordance with the procedures contained
           in this section.
               (5) when an unauthorized activity requiring a permit has been
           undertaken by American Indians (including Alaskan natives, Eskimos, and
           Aleuts, but not including Native Hawaiians) on reservation lands or in
           pursuit of specific treaty rights, the CBJ should use appropriate means
           to coordinate proposed directives and orders with the Assistant Chief
           Counsel for Indian Affairs (DAEN-a'CI).
               (6) When an unauthorized activity requiring a permit has been
3        ~ ~~undertaken by an official acting on behalf of a foreign government, the
           CBJ should use appropriate means to coordinate proposed directives and
           orders with the Office, Chief of Engineers, ATTN: DAEN-CCK.
           (d)  Initial corrective measures.   (1) The CBJ should,  in appropriate
          cases, depending upon the nature of the impacts associated with the
           unauthorized, completed work, solicit the views of the Environmental
I        ~ ~Protection Agency;  the U.S.  Fish  and Wildlife  Service;  the  National
          Marine Fisheries Service, and other Federal, state and local agencies to
           facilitate  its  decision  on  what  initial  corrective  measures  are
I         ~ ~~required.   If  the CBJ  determines  as  a  result  of  its  investigation,
          coordination, and preliminary evaluation that initial corrective measures
          are required, it should issue an appropriate order to the parties
          responsible for the violation.   In determining what initial corrective
          measures are required, the CBJ should consider whether serious jeopardy
           to life, property, or important public resources may be reasonably
           anticipated to occur during the period required for the ultimate
I         ~ ~~resolution of the violation.  In its order,  the CBJ will  specify the
           initial corrective measures required and the time limits for completing
          this  work.    In  unusual  cases  where  initial  corrective  measures
           substantially eliminate all current and future detrimental impacts
           resulting from the unauthorized work, further enforcement actions should
          normally be unnecessary.   For all other cases,  the CBJ's order should
          normally specify that compliance with the order will not foreclose the
           Government's options to initiate appropriate legal action or to later
           require the submission of a permit application.




                                            41







     (2) An order requiring initial corrective measures that resolve the
violation  may  also  be  issued  by  the  CBJ  in  situations  where  the
acceptance or processing of an after-the-fact permit application is
prohibited or considered not appropriate pursuant to Section (e)(1)
(C)-(D) below. However, such orders will be issued only when the CBJ has
reached an independent determination that such measures are necessary and
appropriate.

     (3)  It will not be necessary to issue a CBJW permit in connection
with initial corrective measures undertaken at the direction of the CBJ.

(e)  After-the-fact permit applications.  (1)  Following the completion
of any required initial corrective measures, the CBJ will accept an
after-the-fact permit application unless it determines that one of the
exceptions   listed   in   subparagraphs   i-iv   below   is   applicable.
Applications for after-the-fact permits will be processed in accordance
with the applicable procedures in this ordinance.   Situations where no
permit application will be processed or where the acceptance of a permit
application must be deferred are as follows:

         (A) No permit application will be processed when restoration
    of  the  waters  of  the  United  States  has  been  completed  that
    eliminates   current   and  future   detrimental   impacts   to  the
    satisfaction of the CBJ.

          (B)  No permit application will be accepted in connection with
    a  violation  where  the  CBJ  determines  that  legal  action  is
     appropriate until such legal action has been completed.

          (C) No permit application will be accepted where a federal,
     state, or local authorization or certification, required by federal
     law has already been denied.

         (D)  No  permit  application  will  be  accepted  nor will  the
    processing of an application be continued when the CBJ is aware of
    enforcement litigation that has been initiated by federal, state, or
     local regulatory agencies, unless it determines that concurrent
    processing of an after-the-fact permit application is clearly
    appropriate.

     (2)   Upon  completion  of  its  review  in  accordance  with  this
ordinance, the CBJ will determine if a permit should be issued, with
special conditions if appropriate, or denied.  In reaching a decision to
issue, it must determine that the work involved is not contrary to the
public interest, and if section 404 is applicable, that the work also
complies  with the Environmental  Protection Agency's  section  404(b)(1)
guidelines.   If  it  determines  that  a  denial  is  warranted,   its
notification of denial should prescribe any final corrective actions
required.  Its notification should also establish a reasonable period of
time for the applicant to complete such actions unless it determines that
further information is required before the corrective measures can be
specified.   If further  information  is required,  the  final  corrective
measures may be specified at a later date.  If an applicant refuses to
undertake prescribed corrective actions ordered subsequent to permit
denial or refuses to accept a conditioned permit, the CBJ may initiate
legal action in accordance with Section (Legal Action).

                                  42






           (f) Combining Steps. The procedural steps in this section are in the
           normal  sequence.   However,, these  regulations  do  not  prohibit  the
U        ~ ~~streamlining of the enforcement process through the combining of steps.

           (g) Coordination with EPA. In all cases where the CBJ is aware that EPA
U        ~ ~is considering  enforcement  action,  it  should  coordinate  with  EPA  to
           attempt to avoid conflict or duplication.  Such coordination applies to
           interim protective measures and after-the-fact permitting, as well as to
           appropriate legal enforcement actions.

           49.00.000      SUPERVISION OF AUTHORIZED ACTIVITIES.   (a)  Inspections.
           The CBJ will, at its discretion, take reasonable measures to inspect
           permitted activities, as required, to ensure that these activities comply
           with specified terms and conditions. To supplement inspections by its
I        ~ ~~enforcement personnel,, the CBJ  should encourage  its other  personnel;
           members of the public; and interested state,, local, and federal agency
           representatives  to  report  suspected  violations  of  C3JW  permits.   To
I        ~ ~~facilitate inspections, the CBJ will, in appropriate cases,, require that
           copies  of  ENG  Form  4336  be  posted  conspicuously  at  the  sites  of
           authorized activities and will make available to all interested persons
           information on the terms and conditions of issued permits.   The U.S.
           Coast Guard will inspect permitted ocean dumping activities pursuant to
           section 107(c) of the Marine Protection, Research and Sanctuaries Act of
1          ~~~1972, as amended.
           (b)   Inspection  limitations.    section   (supervision   of  authorized
           activities) does not establish a non-discretionary duty to inspect
I        ~ ~~permitted  activities  for  safety,  sound  engineering  practices,   or
           interference with other permitted or unpermitted structures or uses in
           the  area.   Further,  the  regulations  implementing  the  CB.J regulatory
           program do not establish a nondiscretionary duty to inspect permitted
           activities for any other purpose.
           (c) Inspection expenses. The expenses incurred in connect-ion with the
           inspection of permitted activities will normally be paid by the CBJ
           unless daily supervision or other unusual expenses are involved. In such
           unusual cases, the CBJ may condition permits to require permittees to pay
I        ~ ~~inspection expenses pursuant to authority contained in Section 9701 of
           Pub  L.  97-258  (33 U.S.C.  9701).  The  collection  and  disposition  of
           inspection expense funds obtained from applicants will be administered in
3          ~~~accordance with the relevant CBJ regulations governing such funds.

           (d)  i'on-compliance.  If the CWB determines that a permittee has violated
           the terms or conditions of the permit and that the violation is
I        ~ ~~sufficiently serious to require an enforcement action,  then it should,
           unless at its discretion it deems it inappropriate:   (1)  First contact
           the permittee;  (2) request corrected plans reflecting actual work,  if
           needed;  and  (3) attempt  to resolve the violation.   Resolution of the
           violation may take the form of the permitted project being voluntarily
           brought   into  compliance   or  of   a  permit   modification   Section
3          ~~~(Modification,    Suspension      or      Revocation      of      Permits).




                                             43






If a mutually agreeable solution cannot be reached, a written order
requiring compliance should normally be issued and delivered by personalI
service.  Issuance of an order is not, however, a prerequisite to legal
action. If an order is issued, it will specify a time period of not more
than 30 days for bringing the permitted project into compliance, and a
copy will be sent to the appropriate state official pursuant to section3
404(s)(2) of the Clean Water Act. If the permittee fails to comply with
the order within the specified period of time, the CBJ may consider using
the suspension/revocation procedures in Section  (Modification Suspension3
or Revocation of Permits) and/or it may recommend legal action in
accordance with Section (Legal Action).
49.00.000      LEGAL  ACTION.    (a)  General.    For   cases   the   CBJ 
determines to be appropriate, it will recommend criminal or civil actions
to obtain penalties for violations, compliance with the orders and
directives it has issued pursuant to Sections (Unauthorized Activities)I
and (Supervision of Authorized Activities), or other relief as
appropriate. Appropriate cases for criminal or civil action include, but
are not limited to, violations which, in the CBJ's opinion, are willful,I
repeated, flagrant, or of substantial impact.
(b)  Preparation of case.  If the CBJ determines that legal action is
appropriate,  it  will  prepare  a  litigation  report  or  such  otherI
documentation that the City Manager and the Municipal Attorney have
mutually agreed to, which contains an analysis of the information
obtained  during  its  investigation  of  the  violation  or  during  theI
processing of a permit application and a recommendation of appropriate
legal action.  The litigation report or alternative documentation will
also  recommend what,  if any,  restoration or mitigative  measures  areI
required and will provide the rationale for any such recommendation.
(c) Referral to the Municipal Attorney. Except as provided in paragraph
(d) of this section,  the City Manager  is authorized  to  refer  casesI
directly to the Municipal Attorney.

(d) Referral to the District Engineer. The CBJ will forward litigation 
reports with recommendations to the District Engineer for all cases that
qualify under the following criteria:
    (1) Significant precedential or controversial questions of law or
fact;
    (2)   Requests  for  elevation  to  the  Washington  level  by  the
Department of Justice;3
    (3) Violations of section 9 of the Rivers and Harbors Act of 1899;
    (4) Violations of section 103 the Marine Protection, Research and
Sanctuaries Act of 1972;I
    (5) All cases involving violations by American Indians (original of
litigation report to DAEN-CCII with copy to DAEN-CCK) on reservation
lands or in pursuit of specific treaty rights;
    (6) All cases involving violations by officials acting on behalf of
foreign governments; and
    (7) Cases requiring action pursuant to paragraph (e) of this
section.


                                44






                                Article __. Public Hearings

1          ~~~49. 00. 000  PURPOSE.    This   regulation   prescribes   the   policy,
           practice and procedures to be followed by the CBJ in the conduct of
           public hearings conducted in the evaluation of a proposed CBJW permit
3        ~ ~~action or federal project as defined in Section  (Definitions)  of this
           Section including those held pursuant to section 404 of the Clean Water
           Act (33 U.S.C. 1344) and section 103 of the Marine Protection, Research
I        ~ ~~and Sanctuaries Act (MPRSA), as amended (33 U.S.C. 1413).
           49.00.000      APPLICABILITY.   This  regulation  is  applicable  to  all
           boards and commissions responsible for the conduct of public hearings.

           49.00.000      DEFINITIONS.    (a)   Public   hearing   means   a   public
           proceeding conducted for the purpose of acquiring information or evidence
I        ~ ~~which will be considered in evaluating a proposed CBJW permit action, or
           federal project, and which affords the public an opportunity to present
           their views, opinions, and information on such permit actions or federal
           projects.
           (b) Permit action, as used herein means the evaluation of and decision
           on an application for a CBJW permit pursuant to sections 9 or 10 of the
           Rivers and Harbors Act of 1899, section 404 of the Clean Water Act, or
           section 103 of the MYPRSA, as amended, or the modification, suspension or
3          ~~~revocation of any BW permit.

           (c) Federal project means a Corps of Engineers project (work or activity
           of any nature for any purpose which is to be performed by the Chief of
           Engineers  pursuant  to  Congressional  authorizations)   involving  the
           discharge of dredged or fill material into waters of the United States or
           the transportation of dredged material for the purpose of dumping it in
           ocean waters subject to section 404 of the Clean Water Act, or section
           103 of the MPRSA.
           49.00.000      GENERAL POLICIES.    (a) A public hearing will be held in
           connection with the consideration of a CI3JW permit application ora
           federal project whenever a public hearing is needed for making a decision
           on such permit application or federal project.   In addition,  a public
           hearing may be held when it is proposed to modify or revoke a permit.

           (b) Unless the public notice specif ies that a public hearing will be
           held, any person may request, in writing, within the comment period
I        ~ ~~specif ied in the public notice on a C&JW permit  application or on a
           federal project, that a public hearing be held to consider the material
           matters at issue in the permit application or with respect to federal
U        ~ ~~project.  Upon receipt of. any such request,  stating with particularity
           the reasons for holding a public hearing, the CBJ may expeditiously
           attempt to resolve the issues informally. Otherwise, it shall promptly
           set a time and place for the public hearing, and give due notice thereof,
           as prescribed in Section (Public Notice). Requests for a public hearing
           under this paragraph shall be granted, unless the CBJ determines that the
           issues raised are insubstantial or there is otherwise no valid interest
I        ~ ~~to be served by a hearing.  The CBJ will make such a determination in
           writing, and communicate his reasons therefor to all requesting parties.
           Comments received as form letters or petitions may be acknowledged as a
I        ~ ~~group to the person or organization responsible for the form letter or
           petition.
                                             45






(c) In case of doubt, a public hearing shall be held.

(d)  In fixing the time and place for a hearing,  the convenience and
necessity of the interested public will be duly considered.

49.00.000      PRESIDING OFFICER.                  (a)  The Wetland Review 
Board Chairperson, shall normally serve as the presiding officer.  When
the Wetland Review Board Chairperson is unable to serve, he may designate
the deputy Wetland Review Board Chairperson or other qualified person asI
presiding off icer.  In cases of unusual interest,, the CBJ may appoint
such person as it deems appropriate to serve as the presiding officer.

(b)  The presiding officer shall include in the administrative record ofU
the permit action the request or requests for the hearing and any data or
material submitted in justification thereof, materials submitted in
opposition  to  or  in  support  of  the  proposed  action,  the  hearingI
transcript, and such other material as may be relevant or pertinent to
the subject matter of the hearing.  The administrative record shall be
available for public inspection with the exception of material exemptI
from disclosure under the Freedom of Information Act.

49.00.000      LEGAL ADVISOR.   At  each  public  hearing,  the  Municipal
Attorney  may  serve  as  legal  advisor  to  the  presiding  officer.   InI
appropriate circumstances, the CBJ may waive the requirement for a legal
advisor to be present.3

49.00.000      REPRESENTATION.   At the public hearing,  any person may
appear on his own behalf. or may be represented by counsel, or by other
representatives.
49.00.000      CONDUCT OF HEARINGS.   (a)  The presiding  officer  shall
make an opening statement outlining the purpose of the hearing and
prescribing the general procedures to be followed.
(b)  Hearings shall be conducted by the presiding officer in an orderly
but expeditious manner.  Any person shall be permitted to submit oral orU
written statements concerning the subject matter of the hearing, to call
witnesses who may present oral or written statements,  and to present
recommendations as to an appropriate decision.  Any person may present
written statements for the hearing record prior to the time the hearing
record is closed to public submissions, and may present proposed findings
and recommendations.   The presiding officer shall afford applicants  a
reasonable opportunity for rebuttal.
(c) The presiding officer shall have discretion to establish reasonable
limits upon the time allowed for statements of witnesses, for arguments3
of parties or their counsel or representatives, and upon the number of
rebuttals.
(d)  Cross-examination of witnesses shall not be permitted.I






                                 46






           (e)  All public  hearings  shall  be reported verbatim.   Copies  of  the
           transcripts of proceedings may be purchased by any person from the CB.J or
           the  reporter  of  such hearing.   A copy will  be  available  for  public
           inspection at the office of the CBJ.
U          ~~~(f)   All  written  statements,  charts,  tabulations,  and  similar  data
           offered in evidence at the hearing shall, subject to exclusion by the
           presiding officer for reasons of redundancy, be received in evidence and
U         ~ ~~shall constitute a part of the record.
           (g) The permit decision shall not become effective in less than 20 days
3          ~~~to allow submission of an appeal.
           (h)  In  appropriate  cases,  the CBJ  may participate  in  joint  public
           hearings with other federal or state agencies, provided the procedures of
I         ~ ~~those hearings meet the requirements of this regulation.  In those cases
           in which the other federal or state agency allows a cross examination in
           its public hearing, the CBJ may still participate in the joint public
I         ~ ~hearing  but  shall  not  require  cross  examination  as  a part  of  this
           participation.
           49.00.000      FILING OF THE TRANSCRIPI' OF THE PUBLIC HEARING.  Where the
I        ~ ~~presiding officer is the initial action authority, the transcript of the
           public hearing, together with all evidence introduced at the public
           hearing, shall be made a part of the administrative record of the permit
U         ~ ~~action or federal project.   The  initial  action  authority  shall  fully
           consider the matters discussed at the public hearing in arriving at its
           initial decision or recommendation and shall address, in its decision or
I         ~ ~recommendation,  all  substantial  and  valid  issues  presented  at  the
           hearing. Where a person other than the initial act-ion authority serves
           as presiding officer, such person shall forward the transcript of the
           public hearing and all evidence received in connection therewith to the
I         ~ ~~initial action authority together with a report summarizing the issues
           covered at the hearing.   The report of the presiding officer and the
           transcript of the public hearing and evidence submitted therewith shall
U         ~ ~~in such cases be fully considered by the initial authority in making its
           decision or recommendation to higher authority as to such permit action
           or federal permit.
I        ~ ~~49.00.000     AUTHORITY OF THE PRESIDING OFFICER.   Presiding  officers
           shall have the following authority:
I          ~~~(a)  To regulate the course of the hearing including the order of all
           sessions and the scheduling thereof, after any initial session, and the
3          ~~~recessing, reconvening, and adjournment thereof; and
           (b) To take any other action necessary or appropriate to the discharge
           of the duties vested in them, consistent with the statutory or other
           authority under which the CBJ functions, and with the policies and
           directives of the CBJ.





                                              47






49.00.000      PUBLIC NOTICE.  (a)  Public notice shall be given of any
public  hearing  to be held pursuant  to this  regulation.   Such notice
should normally provide for a period of not less than 10 (30) days
following the date of public notice during which time interested parties
may prepare themselves for the hearing. Notice shall also be given to
all federal agencies affected by the proposed action, and to state and
local agencies and other parties having an interest in the subject matter
of the hearing. Notice shall be sent to all persons requesting a hearing
and shall be posted in appropriate government buildings and provided toN
newspapers of general circulation for publication. Comments received as
form letters or petitions may be acknowledged as a group to the person or
organization responsible for the form letter or petition.I
(b)  The notice shall contain time, place,, and nature of hearing;  the
legal authority and jurisdiction under which the hearing is held; and
location of and availability of the staff report or draft environmental
impact statement or environmental assessment.

             Article   .Consideration for Tax Purposes

If the CBJ denies an application for a freshwater wetlands permit,, the5
owner of record of the property affected may request, and the tax
assessor shall provide,, that this fact be taken into account when the
property is valued, assessed, and taxed for property tax purposes.3
If a parcel is designated as category A or B wetlands the owner of record
of the property affected may request, and the tax assessor shall provide,
that  this  fact  be  taken  into  account  when  the  property  is  valued,I
assessed, and taxed for property tax purposes.

                 Article  -. Remedies for Violations3

Whenever, on the basis of available information, the CBJ finds that a
person is in violation of any provision of this act,, or any rule or
regulation adopted, or permit or order issued, pursuant to this act, the
CBJ may: taken action as set forth in Title 49.10.600-660.








                                             43~~~~~~~






                                        Chapter 49.10

                                ADMINISTRATION AND COMPLIANCE
    3                         ~~~~~~~Article __.  Wetland Review Board

           49.10.000      WETLAND REVIEW BOARD - ESTABLISHMENT AND PUJRPOSE.  There
I        ~ ~~is established the wetland review board for the city and borough, whose
           purpose is to serve as an expert jury regarding wetland permit
           applications and to evaluate mitigation credits in accordance with
3          ~~~Section  (Mitigation Bank).
           49.10.000    MEMBERSHIP-C-OMPOSITION.    The   members   shall   be   seven
           residents  of  the  city  and  borough.   Two  shall  be  members  of  the
I        ~ ~commission  and  five  others  shall  have  relevant  technical  expertise
           including knowledge of the fields of biology, geology, hydrology, land
           use planning, engineering or related fields.

           49.10.000   APPOINTMENT.   Members  shall  be  appointed  by  the  planning
           commission.   Appointments to fill vacancies shall be for the unexpired
I          ~~~term only.

           49.10.000  TERM OF OFFICE.   Members shall be appointed  for a term of
           three years; except, of the first appointees, two shall be appointed for
I        ~ ~~a one year term, two for a two year term, and three for a three year term.
           49.10.000   OFFICERS.   The  board  shall  elect  a chair  to conduct  the
          meetings, a vice chair to serve in the chair's absence, and a clerk to
          prepare the journal of the board's proceedings.
           49.10.000  UNEXCUSED ABSENCES.  If a member without first being excused
U        ~ ~~by the board  misses  two  consecutive  regular  meetings,  that  member'Is
          position shall become vacant without action by the board. The board or
3         ~~~its chair shall immediately inform the planning commission of the vacancy.

           49.10.000  MEETINGS.   (a)  Regular Meetings.  The board shall hold one
           regular meeting per month and shall hold such additional regular meetings
3         ~~~as the board may prescribe by resolution.

           (b)  Special Meetings.  The board may hold special meetings upon the call
           of the chair or any two members. At least twenty-four hours before the
I        ~ ~~meeting, personal notice shall be given to each board member designating
           the  time,  place,  and  purpose  of  the  special  meeting.   At  least
          twenty-four hours before the meeting, copies of the notice shall also be
3         ~~delivered to the newspapers of general circulation in the municipality
          and to the commercial radio and television stations operating in the
          municipality.   No business  may  be  transacted  at  any  special  meeting
3         ~~~except as stated in the notice of the meeting.
           (c) Record of Meeting. The clerk shall keep a journal of all meetings.

I          C~~~d)  Rules of Proceeding.   Meetings  shall be conducted under Robert's
          Rules of order as modified by the board.


                                             49






                            Chapter 49.20

               APPEALS, VARIANCES, AND INTERPRETATIONS
                        Article I. Appeals3

49.20.110      APPEALS TO THE COMMISSION. Revi ew by the commission of a
decision of the director, wetland review board, or design review board on
any development permit,, wetland permit,, or design review permit may beI
requested by f iling a notice of appeal stating with particularity the
grounds therefor with the department within 20 days of the date of the
decision appealed.  The notice shall be considered by the commission at aU
regular  scheduled meeting.   The department,  wetland  review board,  or
design review board and any aggrieved person, including the developer,
may appear at that meeting and explain to the commission why it should
hear the appeal. The appeal shall be heard unless it presents only minor
or routine issues and it is clear from the notice of appeal and any
evidence offered at the consideration thereof, that the decision appealed
was supported by substantial evidence and involved no policy error orI
abuse of discretion.  If the commission decides to hear the appeal,  it
shall announce whether it intends to review the entire decision, or
merely a portion thereof and whether review shall be de novo or on the
record.  If the commission decides to hear the appeal,, it shall give
public notice thereof in a newspaper of general circulation in the
municipality.  The department shall prepare the record on appeal, which
shall  consist  of  the  original  application  and  supporting  materials,U
written public comment thereon, and all notes, memoranda, minutes,  and
other department or board material in relation thereto.  The burden of
proof in the appeal shall be on the party challenging the decision of theU
director, wetland review board, or design review board.  In a hearing de
novo, proof shall be established by a preponderance of the evidence.  If
the appeal is heard on the record, no evidence outside the record shall
be admitted and the decision of the department,, wetland review board orU
design review board shall be upheld if there is substantial evidence in
support thereof and no policy error or abuse of discretion therein. The
commission may confirm, reverse, or modify the director's, wetland reviewU
board's or design review board's decision, or change the conditions which
the director, wetland review board, or design review board placed on
approval.   The  commission  shall  support  its  action  with  writtenI
findings.  The commission's decision on any development permit, wetland
permit or design review permit shall be effective 21 days after issuance
unless appealed to the assembly pursuant to Section 49.20.120 of this
chapter. Upon its own motion, the commission may certify a case directly
to the assembly without review, hearing, or recommendation.










                                 50







                     Article   .   Mitigation Bank

49.00.000      PURPOSE.   A  wetland  mitigation  bank  is,  in  part,  a
designated wetland that is created, restored, protected or enhanced to
compenmsate for the future loss of wetlands through development.   The
Wetlands Review Board translates the total resource value of the bank
into a system of mitigation credits using the CBJ Adamus Weighting
System. These credits are the product of the weighted Adamus functional
value  and  the  quantity  of  land  affected  by  the  mitigation  action.
Developers can purchase the credits when off-site mitigation is required
under                 In  purchasing  the  credits,  developers  pay  on  a
pro-rata cost basis toward the acquisition, restoration, maintenance, and
monitoring of the designated wetland bank.  The pro-rata cost basis is
the product of the weighted Adamus functional value of the wetland
degraded by the applicant and the quantity of land degraded, as
determined by the Wetlands Review Board.

49.00.000      DEFINITIONS.   (1)  "Credit" means a numerical value that
represents the wetland resource functions and values of a site.

(2) "Mitigation bank" means a publicly owned and operated wetland site,
created, restored, protected or enhanced by the CB3J in accordance
with             to compensate  for unavoidable  adverse  impacts  due  to
activities which otherwise comply with the requirements of

(3)  "Onsite mitigation methods" means all measures that may be taken to
reduce, offset or eliminate damage or destruction to the functional
characteristics and processes of a wetland, including but not limited to
relocating, reducing the size or scope or changing the operational
characteristics of the proposed activity, or creating or enhancing
wetland functions or values at the project site.

(4)   "Permit  action"  means  activity  under  a dredge  and  fill  permit
required or issued under ...

49.00.000      POLICY.  It is the purpose of            ... to

(1) Promote, in concert with federal and state programs as well as
interested parties, the maintenance and conservation of wetlands.

(2) Improve cooperative efforts among private, nonprofit and public
entities for the management and protection of wetlands.

(3) Offset losses of wetland values caused by activities which otherwise
comply with local, state and federal law in order to create, restore, or
enhance wetland values and functions.

(4) Maintain and encourage a predictable, efficient regulatory framework
for environmentally acceptable development.

(5) Provide an option for accomplishing offsite mitigation when such
mitigation is required under a CBJW permit.







49.00.000      POWERS.   (a)  Mitigation Bank Board  (MBB).  Subject  to
approval by the CB3, the MBB may:

     (1) Charge a fee for purchase of credits in the mitigation bank as
provided by ...

     (2) Acquire or accept title to lands suitable for use in mitigation
banks or actions, or to protect sensitive or unique wetlands habitat.

     (3)  Pay costs incurred for alterations needed to create, restore,
or enhance wetland areas for purposes of carrying out the provisions of


     (4)  Authorize payment of administrative,  research or  scientific
monitoring expenses of the MBB in carrying out the provisions of ...

     (5)   Disperse  funds  received  under  the  Federal  Coastal  Zone
Management Act of 1972, as amended, and other grant programs, for such
purposes as specifically stipulated in a grant award.

     (6)  Receive funds under the Federal Emergency Wetlands Resources
Act  of  1986,  and  other  programs,  for  the  voluntary  acquisition  of
wetlands and interests therein according to the wetlands provisions of


(b)  Mitigation bank program criteria.   (1)  In accordance  with the
provisions of               , upon the approval of the CBJ, the MBB shall
initiate and implement a program for wetlands mitigation banks.

     (2)  Subject to the approval of the CBJ, Assembly Lands Committee,
the MBB shall adopt, by rule, standards and criteria for the site
selection  process,  operation  and  evaluation  of  mitigation  banks.
Criteria to be considered shall include but need not be limited to:

         A(A Historic wetland trends, including the estimated rate of
     current and future losses of the respective types of wetlands,

          (B) The contributions of the wetlands to:

          (i) Wildlife, migratory birds and resident species;
          (ii) Commercial and sport fisheries;
          (iii) Surface and ground water quality and quantity, and flood
         moderation;
          (iv) Outdoor recreation, including enhancement of scenic
         waterways; and
          (v) Scientific and research values.

          (C) Regional economic needs.









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     (3)   The  MBB  shall  establish  a  well-defined  plan,  including
preliminary objectives, inventory of resource values, and an evaluation
and monitoring program.

49.00.000      RESOURCE VALUES AND CREDITS.  (a)  The MBB shall establish
a system of resource values and credits.

(b) A credit from a mitigation bank may be withdrawn only for a permit
action after all onsite mitigation methods have been examined and found
to be impracticable by the Wetlands Review Board.

(v)  The MBB shall not withdraw any credits from the mitigation bank
until it:

     (1)  Has conducted protection, creation, restoration and enhancement
actions to establish or protect wetland functions and values at the
mitigation bank site; and

     (2)  Evaluated the results of the actions and determined that a high
probability exists that the wetland functions and values of the
mitigation bank site are equal to or greater than the functions and the
values of the wetland area to be damaged or destroyed.

(d) The price for any mitigation credit shall be set at an amount that
will compensate the MBB for all of the costs and expenses it has
incurred, and is expected to incur in establishing and maintaining that
portion of the mitigation bank.

(e)  No mitigation bank credits may be withdrawn for any permit action
where the wetland area to be adversely affected by a removal or fill
activity exceed five acres. The "area affected" shall include the area
where material is removed or filled and any surrounding area adversely
affected by the activity.

(f)  The Wetlands Review Board shall not consider the availability or
nonavailability of mitigation bank credits in deciding whether to grant
or deny any removal or fill permit under

(g)  The MB3 annually shall:

     (1) Evaluate the wetlands functions and values created within the
wetland mitigation bank site, and

     (2) Compare the current functions and values with the functions and
values that the MBB anticipated the site would provide. If the MBB finds
any significant disparity between the actual and anticipated functions
and values, the MBB shall:

     (A)  Suspend the withdrawal of credits to that mitigation site; or

     (B) Take prompt action to assure that the anticipated functions and
    values are established.




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49.00.000      FILL  AND  REMOVAL  ACTIVITIES.       (a)   The  MBB  shall
maintain a record of fill and removal activities and actions for the
mitigation bank and conduct monitoring with moneys from CBJ Wetlands
Mitigation Bank Revolving Fund Account.

(b)  The MBB shall provide semi-annual reports to the CBJ on moneys spent
and received for the wetland mitigation bank.

49.00.000      RULES.   Subject to the approval of the CBJ, the MBB shall
adopt rules according to the provisions of                to carry out the
provisions of

49.00.000      COOPERATION.   (a)  The provisions of ... shall be carried
out  in   consultation  with  state  and  federal  natural  resources  and
regulatory agencies, affected organizations and other interested parties.

(b)  In cooperation with the parties in subsection (1) of this section,
the MBB, in consultation with the CBJ, shall:

     (1) Review opportunities for inclusion of appropriate wetlands in
the mitigation bank.

     (2)  Develop and recommend a wetlands priority plan for inclusion in
the mitigation bank. The wetlands priority plan shall be complementary
to the purposes and programs under

49.00.000      CBJ  WETLANDS  MITIGATION  BANK  REVOLVING  FUND  ACCOUNT
(CBJWMBRFA).  (a)  The CBJWMBRFA is established in the General Fund of
the CBJ Treasury.  All moneys received under ... shall be paid into the
CBJ Treasury and credited to the account. All moneys in the account are
appropriated continuously to the MBB to be used by the MBB as set forth
in ...  The moneys in the account may be invested and reinvested as
provided in ...

(b) The MBB shall keep a record of all moneys deposited in the account.
The record shall indicate by separate cumulative accounts the source from
which the moneys are derived and the individual activity or program
against with each withdrawal is charged.

(c)  Sources of account.  The following moneys shall be paid into the
CBJWMBRFA:

     (1) Any moneys appropriated for that purpose by the Assembly,

     (2)  Moneys awarded for such purposes as specifically stipulated
under grants such as the FEWRA of 1986 or the FCZM Act of 1972, as
amended.

     (3)  Moneys obtained by gift, bequest, donation or grant from any
other public or private source for the purposes of ...







                                  54






     (4)  Repayment of moneys from the accounts including interest on
such moneys.

     (5)   Moneys  obtained  from  interest  or  other  earnings  from
investments of moneys in the account.

(d)  Use of account.   The MBB may use the moneys in the CBJWMBRFA for
the following purposes;

     (1)  For the voluntary acquisition of land suitable  for use in
mitigation banks,

     (2)  To pay for costs incurred for alterations needed to create,
restore, or enhance wetland areas for purposes of carrying out the
provisions of ...

     (3) For payment of administrative research or scientific monitoring
expenses of the MBB in carrying out the provisions of ...

     (4)  For the dispersal of funds received under the FCZM Action of
1972, as amended for such purposes as specifically stipulated in a grant
award.

     (5) For the dispersal of funds received under the FEWRA of 1986 for
the voluntary acquisition of wetlands and interests therein

(e)  Report on CBJ Wetlands Mitigation Bank Revolving Fund.   As part of
the report to the CBJ required under ..., the MBB shall prepare an annual
report on the CBJWMBRFA.  The report shall include,  but need not be
limited to:

     (1)  The financial status of the account;

     (2)  Creation,  restoration or enhancement  activities  and  credits
sold, granted or otherwise disposed or remaining in mitigation banks
established under ...;

    (3) Wetlands acquired with moneys in the account, and;

     (4) A summary of activities, including but not limited to:

         (A) A description of the location, size, number of potential
    credits and credits withdrawn for each specific permit action; and

         (B) The status of all mitigation bank activities pending or
    completed during the past year.











                                 55






            Appendix B--Permit Form and Special Conditions

A. Permit Form

City and Borough of Juneau Wetlands Permit Application3

Permittee
Permit No.
Issuing Office

    Note.--The term "you' and its derivatives, as used in this permit-,
means the permittee or any future transferee.   The term "this office"
refers to the appropriate department of the Cl3J having jurisdiction overU
the permitted activity or the appropriate official of that office acting
under the authority of the City Manager.3

    You are authorized to perform work in accordance with the terms and
conditions specified below.

    Project  Description:  Describe  the  permitted  activity  and  itsI
intended use with references to any attached plans or drawings that are
considered  to  be  a  part  of  the  project  description.   Include  a
description of the types and quantities of dredged or fill materials toI
be discharged in jurisdictional waters.

    Project Location: WThere appropriate, provide the names of and the3
locations on the waters where the permitted activity and any off-site
disposals will take place.  Also, using name,  distance,  and direction,
locate the permitted activity in reference to a nearby landmark such as a3
town or city.

    Permit Conditions:
    General Conditions:I

    1.   The  time  limit  for  completing  the  work  authorized  ends
on               .If you f ind that you need more time to complete theI
authorized activity, submit your request for a time extension to this
office for consideration at least one month before the above date is
reached.

    2. You must maintain the activity authorized by this permit in good
condition and in conformance with the terms and conditions of this
permit. You are not relieved of this requireme~nt if you abandon the
permitted activity, although you may make a good faith transfer to a
third party in compliance with General Condition 4 below.   Should you
wish to cease to maintain the authorized activity or should you desire to
abandon it without a good faith transfer, you must obtain a modification
of this permit from this office, which may require restoration of the
area.3








                                56






              3. If you discover any previously unknown historic or archeological
          remains while accomplishing the activity authorized by this permit, you
         must immediately notify this office of what you  have  found.   We will
          initiate the Federal and state coordination required to determine if the
          remains warrant a recovery effort or if the site is eligible for listing
          in the National Register of Historic Places.

              4.  If you sell the property associated with this permit, you must
I       ~ ~obtain the signature of the new owner in the space provided and forward a
         copy of the permit to this office to validate the transfer of this
*        ~~authorization.
              5.   If a conditioned water quality certification has been  issued
         for your project, you must comply with the conditions specified in the
I       ~ ~certification   as  special   conditions   to   this   permit.    For   your
         convenience, a copy of the certification is attached if it contains such
         conditions.

 1            ~~~6.   You must allow representatives from this office to inspect the
         authorized activity at any time deemed necessary to ensure t~hat it is
         being or has been accomplished in accordance with the terms and
I       ~ ~conditions of your permit.
         Special Conditions:   (Add special conditions as required  in this space
I       ~ ~with reference to a continuation sheet if necessary.)
              Further Information:
 *             ~~~~1.   Congressional  Authorities:    You  have  been  authorized   to
         undertake the activity described above pursuant to:
  3            (  ) ~~~Section 10 of the Rivers and Harbors Act of 1899 (33U.S.C. 403).

                   Section 404 of the Clean Water Act (33 U.S.C. 1344).
  I            (  ) ~~~Section 103 of the Marine Protection, Research and Sanctuaries
         Act of 1972 (33 U.S.C. 1413).
 *            ~~~2.  Limits of this authorization.
              a. This permit does not obviate the need to obtain other Federal,
I       ~ ~state, or local authorizations required by law.
              b.  This  Permit does not grant  any property  rights or  exclusive
*        ~~privileges.
              c. This permit does not authorize any injury to the property or
3        ~~rights of others.







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    d. This permit does not authorize interference with any existing or
proposed Federal project.3

    3.  Limits of CBJ.  In issuing this permit, the CBJ Government. does
not assume any liability for the following:

    a. Damages to the permitted project or uses thereof as a result of
other permitted or unpermitted activities or from natural causes.

    b.  Damages to the permitted project or uses thereof as a result ofI
current or future activities undertaken by or on behalf of the United
States in the public interest.3

    C.   Damages  to  persons,  property,  or  to  other  permitted  or
unpermitted activities or structures caused by the activity authorized by
this permit.
    d.   Design  or  construction  deficiencies  associated  with  the
permitted work.3

    e.   Damage  claims   associated  with  any  future  modification,
suspension, or revocation of this permit.3

    4. Reliance on Applicant's Data: The determination of this office
that issuance of this permit is not contrary to the public interest was
made in reliance on the information you provided.
    5. Reevaluation of Permit Decision. This office may reevaluate its
decision on this permit at any time the circumstances warrant.
Circumstances  that could  require  a  reevaluation  include,  but  are  not         .U
limited to, the following:

    a.  You fail to comply with the terms and conditions of this permit.3

    b.   The  information  provided  by you  in  support  of  your  permit
application proves to have been false, incomplete, or inaccurate  (See 43
above).

    c. Significant new information surfaces which this office did not
consider in reaching the original public interest decision.I
    Such a reevaluation may result in a determination that it is
appropriate   to  use   the  suspension,   modification,   and   revocationI
procedures contained in Section (Modification, Suspension or Revocation
of Permit) or enforcement procedures such as those contained in Section
(Supervision of Authorized Activities and Legal Action).   The ref erenced
enforcement  procedures provide  for  the  issuance  of  an  administrative
order requiring you to comply with the terms and conditions of your
permit and for the initiation of legal action where appropriate.   You
will be required to pay for any corrective  measures  ordered  by thisI
office, and if you fail to comply with such directive, this office may in
certain situations accomplish the corrective measures by contract or

otherwise and bill you for the cost.



                                58







 1              ~~~~6.  Extensions.  General condition 1 establishes a time limit for
           the completion of the activity authorized by this permit. Unless there
          are circumstances requiring either a prompt completion of the authorized
          activity or a reevaluation of the public interest decision, the CBJ will
           normally give favorable consideration to a request for an extension of

 3              ~~~~Your signature below, as permittee, indicates that you accept and
          agree to comply with the terms and conditions of this permit.



*          ~~~(Date)

               This permit becomes effective when the CBJ official, designated to
          act for the City Manager, has signed below.

          City Manager

           (Date)
 3              ~~~~When the structures or work authorized by this permit are still in
          existence at the time the property is transferred, the terms and
          conditions of this permit will continue to be binding on the new owner(s)
3        ~ ~of  the  property.   To  validate  the  transfer  of  this  permit  and  the
          associated liabilities associated with compliance with its terms and
          conditions, have the transferee sign and date below.

*          ~~~(Transferee)

*          ~~~(Date)

               B. Special Conditions. No special conditions will be preprinted on
          the permit form.  The following and other special conditions should be
          added, as appropriate, in the space provided aater the general conditions
          or on a referenced continuation sheet:

               1. Your use of the permitted activity must Dot interfere with the
          public's right to free navigation on all navigable waters of the United

               2. You must have a copy of this permit available on the vessel used
          for the authorized transportation and disposal of dredged material.










        I                                      ~~~~~~~~~~~~~~59






    3.  You must advise this office  in writing,  at least two weeks
before you start maintenance dredging activities under the authority ofI

    4. You must install and -maintain, at your expense,, any safety3
lights and signals prescribed by the United States Coast Guard (USCG),
through regulations or otherwise,  on your authorized  facilities.   The
USCG may be reached at the following address and telephone number:


    5.  The condition below will be used when a CBJW permit authorizesU
an artificial reef, an aerial transmission line, a submerged cable or
pipeline, or a structure on the outer continental shelf.
    National   Ocean   Service   (NOS)   has   been   notified   of   this
authorization. You must notify NOS and this office in writing, at least
two weeks before you begin work and upon completion of the activity
authorized by this permit.  Your notification of completion must includeI
a drawing which certifies the location and configuration of the completed
activity (a certified permit drawing may be used). Notifications to NOS
will be sent to the following address:   The Director,  National OceanI
Service (N/CG 222),, Rockville, Maryland 20852.
    6.  The following condition should be used for every permit where
legal  recordation of  the  permit  would  be  reasonably  practicable  andI
recordation could put a subsequent purchaser or owner of property on
notice of permit conditions.3
    You must take the actions required to record this permit with the
Registrar of Deeds or other appropriate official charged with the
responsibility for maintaining records of title to or interest in realI
property.










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