Permit Application For Recreational Mining Using Hand Tools Or A Suction Dredge In Sixmile Creek And Resurrection Creek Drainages Near Hope Form (Page 3 of 3) in pdf

PERMIT CONDITIONS

In accordance with AS 16.50.870(b), project approval is hereby given subject to the following stipulations:

No mining shall be performed in the mainstem (flowing channels) of Sixmile Creek downstream of the confluence of Canyon Creek,

and Canyon Creek downstream of the confluence of Pass Creek, except between May 15 and July 15. Granite Creek upstream of the

confluence of Bertha Creek is closed to placer mining. All other areas of the Sixmile Creek drainage including tributaries are open to

mining year round.

No mining shall be performed in the mainstem (flowing channels) of Resurrection Creek except between May 15 and July 15.

Suction dredges may be operated in tributaries of Resurrection Creek at any time except in Palmer Creek where the first one-fourth (¼)

mile of the mainstem is closed to mining except between May 15 and July 15.

Stream banks shall not be mined or otherwise disturbed. All dredging shall be conducted within the limits of the wetted perimeter

(water level) of the stream.

The suction dredge nozzle shall not be operated at a distance of more than 10 feet from the water intake. The water intake shall not be

used for high banking, off stream mining, or other water use activities. Suction dredges shall not be used as hydraulic monitors to

wash soils or other materials.

Winches or other motorized equipment shall not be used instream to move boulders, logs, or other natural obstructions which are too

large to be moved by hand.

No wheeled or tracked equipment may be used instream.

No damming or diversions of fish-bearing streams are permitted.

For any activity which significantly deviates from the approved plan the permittee shall notify the ADF&G and obtain written approval in the

form of a permit amendment prior to commencement of the activity. Any action taken by the permittee which increases the overall scope of the

project or which negates, alters, or minimizes the intent or effectiveness of any stipulation contained in this permit will be considered a

significant deviation from the approved plan. The final determination relative to the significance of any deviation and the need for a permit

amendment is the responsibility of the ADF&G; therefore, it is recommended that the ADF&G be consulted immediately when a deviation

from the approved plan is being considered.

This permit is issued under the authority of AS 16.05.870 and 6 AAC 50. To be valid, it must be available for inspection while you are

mining. Please be advised that this approval does not relieve you of the responsibility of securing other permits: state, federal, or local.

Pursuant to 6 AAC 80.010(b), the conditions of this permit are consistent with the Alaska and Kenai Peninsula Borough Coastal

Management Programs.

The recipient of this permit (permittee) shall indemnify, save harmless, and defend the department, its agents, and its employees from any and

all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from permitted activities or the

permittee's performance under this permit. However, this provision has no effect, if, but only if, the sole proximate cause of the injury is the

department's negligence.

In addition to the penalties provided by law, this permit may be terminated or revoked for failure to comply with its provisions or failure to

comply with applicable statutes and regulations. The department reserves the right to require mitigation measures to correct disruption to fish

and wildlife created by the project and which were a direct result of the failure to comply with this permit or any applicable law. This permit

decision may be appealed in accordance with the provisions of AS 44.62.330-44.62.630.

Sincerely,

Robert G. Bosworth, Deputy Commissioner

By:

Stewart Seaberg

Habitat Biologist

Region II

(907) 267-2285

cc:

J. Dorio, USFS

D. Harp, USFS

S. Skille, FWP

M. Henning, DNR/DM

D. Nelson, ADF&G

J. Carriveau, EPA

Revised 12.29.97

Permit Application For Recreational Mining Using Hand Tools Or A Suction Dredge In Sixmile Creek And Resurrection Creek Drainages Near Hope Form Page 3

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