Number range CHAPTER **Draft Compatibility Determination**

**Alaska Maritime National Wildlife Refuge**

**Homer, Alaska**

**Use:** Rights-of-Way/Research. The University NAVSTAR Consortium, Inc.
(UNAVCO) has applied for a right-of-way permit to install high precision
geodetic monitoring stations on lands administered by the Alaska
Maritime National Wildlife Refuge to track the physical processes that
control earthquakes and volcanic eruptions.

**Refuge Name:** Alaska Maritime National Wildlife Refuge, Kenai
Peninsula Borough, Homer, Alaska.

**Establishing and Acquisition Authority(ies):** Alaska National
Interest Lands Conservation Act of (ANILCA; 94 Stat. 2371) December 2,
1980. This act established the Alaska Maritime National Wildlife Refuge
by merging 11 previously existing refuges and adding additional acreage.
The use requested in this right-of-way would include lands on the
following islands: Chernabura, Sutwik, and Chirkof (Alaska Peninsula
Unit), and Ushagat (Gulf of Alaska Unit).

**Refuge Purposes:**

**Alaska Maritime Refuge (ANILCA, Section 303(1)(B)):**

i\) to conserve fish and wildlife populations and habitats in their
natural diversity including, but not limited to marine mammals, marine
birds and other migratory birds, the marine resources upon which they
rely, bears, caribou and other mammals;

ii\) to fulfill the international treaty obligations of the United
States with respect to fish and wildlife and their habitats;

iii\) to provide, in a manner consistent with the purposes set forth in
subparagraphs (i) and (ii), the opportunity for continued subsistence
uses by local residents;

iv) to provide a program of national and international scientific
    research on marine resources; and

v\) to ensure, to the maximum extent practicable and in a manner
consistent with the purposes set forth in paragraph (i) water quality
and necessary water quantity within the refuge.

**National Wildlife Refuge System Mission:** The mission of the National
Wildlife Refuge System is "*to administer a national network of lands
and waters for the conservation, management, and where appropriate,
restoration of the fish, wildlife, and plant resources and their
habitats within the United States for the benefit of present and future
generations of Americans."* (National Wildlife Refuge System
Administration Act of 1966, as amended \[16 U.S.C. 668dd-668ee\]).

**Description of Use:** The University NAVSTAR Consortium, Inc.
(UNAVCO), a non-profit corporation funded by the National Science
Foundation, has requested a right-of-way permit to install, operate, and
maintain seismic monitoring equipment on lands administered by the
Alaska Maritime National Wildlife Refuge. The four islands on which the
equipment would be placed are Chernabura, Sutwik, Chirikof, and Ushagat.
The proposed installation would begin in 2008 once all approvals are
obtained for a right-of-way permit, which would be issued for a period
of 20 years. A description of the project with photographs of the
equipment, maps of the project area, and land status information is
included in the *Environmental Assessment, Plate Boundary Observatory
Global Positioning System Network, Installation and Maintenance on the
Alaska Maritime National Wildlife Refuge* (USFWS 2008). The
environmental assessment can be viewed at
<http://alaska.fws.gov/nwr/planning/completed.htm>. A summary of the
information contained in the environmental assessment follows.

The proposed project is part of a large monitoring network known as the
Plate Boundary Observatory (PBO) which consists of about 1,000
continuously operating Global Positioning System (GPS) stations in the
continental United States and Alaska. The network is used to monitor
physical processes that control earthquake and volcanic eruptions. These
data may be useful in providing hazard warnings to the public.

The equipment to be installed on each island consists of a GPS monument,
equipment enclosure, and solar panels. On Chirikof Island only, a
seismometer vault containing two seismometers will be co-located with
the GPS equipment.

The GPS Monument is basically a tri-pod (not more than 6 feet high) with
a small 16 inch diameter dome mounted on top. The small equipment
enclosure (70 inches x 48 inches x 55 inches) is a prefabricated
fiberglass hut that encloses the power and communications equipment. The
fiberglass hut supports two solar panels, and two additional solar
panels would be mounted on a supporting framework adjacent to the hut.

The seismometer vault is a 95-gallon drum with the bottom cut off in
which the two seismometers are placed. The vault is buried so the top of
the vault is below the surface of the ground.

Because of the size and weight of the equipment and the steep, road-less
terrain of the islands, helicopters would be used to transport materials
for installation and for maintenance checks, during which the heavy
batteries powered by the solar panels will be replaced. Maintenance
visits would be scheduled approximately once every three years for the
duration of project.

**Availability of Resources:** The project is funded by the National
Science Foundation. The use will require staff time during the
permitting process, which will be reimbursed by the applicant, but once
established, these unattended, remote, monitoring stations will require
little staff time or funds except for periodic site inspections to
monitor permit compliance. Permit stipulations requiring the Permittee
to reimburse staff time and provide transportation to these sites for
permit compliance monitoring will defray costs associated with permit
oversight.

**Anticipated Impacts of the Use:** Use of a portion of the refuge for
unattended, remote seismic monitoring is a non-program use that does not
contribute to the primary objectives of the National Wildlife Refuge
System. However, permission for such uses may be granted if the use is
found to be compatible; that is, when the use will not materially
interfere with or detract from the fulfillment of the National Wildlife
Refuge System mission or purposes for which the refuge was established
(50 CFR 29.21). Seismic monitoring as a research activity was found to
be a compatible use of the refuge in an Alaska Maritime National
Wildlife Refuge compatibility determination dated September 20, 1994.
However, this general Research Compatibility Determination recommended
an environmental assessment be prepared for proposed projects to
specifically evaluate effects of the use on Refuge resources and
purposes.

In the *Environmental Assessment, Plate Boundary Observatory Global
Positioning System Network, Installation and Maintenance on the Alaska
Maritime National Wildlife Refuge* (USFWS 2008), the proposed UNAVCO
seismic monitoring project was evaluated and found to have minimal
impact on Refuge wildlife, vegetation, or infrequent visitors during the
short-term installation phase and the long-term maintenance phase
provided permit conditions and stipulations were included in the
right-of-way permit to lessen or avoid impacts. The permit stipulations
to be included in the permit are listed in their entirety at the end of
this document. Included are measures prohibiting helicopter access for
installation and maintenance work between May 15 and September 15 to
avoid disturbance to Steller sea lions during the pupping season, and to
nesting birds, particularly seabirds, which often nest in dense
colonies. If an event occurred warranting a maintenance visit during the
sensitive summer time period, the Refuge Manager would have the latitude
to approve or disapprove the visit and specify additional precautions if
approved. Other stipulations to lessen impacts from helicopter use are
flight separation minimums between aircraft and noise sensitive areas
like seabird colonies and Steller sea lion rookeries or haul-outs.
Federal Regulations also prohibit approach on foot within ½ mile, or
within sight, of a documented Steller sea lion rookery or haul-out, and
boat access within a three mile radius of a rookery site.

Stipulations addressing visual and vegetative impacts include painting
equipment to blend with the surrounding environment to lessen visual
impacts, and re-vegetating and restoring sites upon permit expiration or
completion of the project.

An evaluation of the effects of this project on subsistence uses and
needs in the vicinity of this project was completed in 2007, with a
determination of no significant restriction in subsistence uses.

**Public review and comment:** A news release announcing the
availability of the environmental assessment and draft compatibility
determination was distributed to the Anchorage Daily News, Homer News,
and Kodiak Daily Mirror on February 22, 2008, which initiated a 30 day
public comment period. The news release was also sent to Postmasters in
Sand Point and Cold Bay and to the Alaska Regional Office compatibility
determination electronic mailing list.

**Determination:**

> \_\_\_\_\_\_This use is compatible

\_\_\_\_\_\_This use is not compatible

**Special Conditions/Stipulations Necessary to Ensure Compatibility**:
The project area includes islands in the Alaska Peninsula and Gulf of
Alaska Units of Alaska Maritime Refuge. Conditions to be incorporated
into the right-of-way permit to lessen impacts on refuge lands and
resources include:

1.  At least three months prior to initiating field work each year,
    UNAVCO shall notify the Division of Realty and the Refuge Manager of
    scheduled field work, including flight plans and time frames for
    completion of work at each seismic station. The Permittee shall also
    provide the Refuge Manager with (1) the name and method of contact
    for the field party chief/supervisor; (2) the identification
    information for aircraft and other vehicle types to be used; and (3)
    any changes to the scope of work that was detailed in the permit
    application.

2.  Field work must be conducted before May 15 or after September 15
    unless previously approved by the Refuge Manager. Scheduling of
    unanticipated emergency maintenance visits to seismic sites on
    refuge lands must be coordinated with the Refuge Manager.

3.  UNAVCO is responsible for ensuring that all personnel, including
    employees, aircraft pilots, and any other persons conducting
    activities under this permit are familiar with and adhere to the
    conditions of this permit.

4.  The operation of aircraft at altitudes and in flight paths resulting
    in the herding, harassment, hazing, or driving of wildlife is
    prohibited. It is recommended that all aircraft flying over refuge
    land maintain a minimum altitude of 2,000 feet above ground level
    (AGL), except for take off and landing, as detailed in the Federal
    Aviation Administration (FAA) Advisory Circular 91-36C, "Visual
    Flight Rules (VFR) Flight Near Noise-Sensitive Areas".

5.  If an unanticipated emergency maintenance visit is authorized during
    the May 15 to September 15 timeframe, AVO pilots are prohibited from
    flying over, or within ½ mile of documented seabird colonies. These
    areas will be identified in consultation with the Refuge Manager at
    the time the approval is obtained. However, in some cases (e.g.
    colonies comprised solely of burrow nesting species), the Refuge
    Manager may authorize flights within this ½ mile radius. In other
    cases, the Refuge Manager may require a broader 'no-fly-radius' of
    one mile or more, in order to adequately protect especially
    sensitive colonies.

6.  Aircraft or helicopter pilots are prohibited from flying over, or
    within ½ mile of documented Steller sea lion rookeries identified in
    50 CFR 223.202 (Table 1). The UNAVCO scientists are prohibited from
    approaching on land within ½ mile, or within sight, of a documented
    rookery or haulout. Boats may not approach within three nautical
    miles. The same precautions should be taken in the vicinity of
    haulouts identified in 50 CFR 226 (Table 2).

7.  The construction or clearing of landing strips or pads is
    prohibited. Incidental hand removal of rocks and other minor
    obstructions may be permitted.

8.  Any action by a permittee or the Permittee\'s employees which unduly
    interferes with or harasses other refuge visitors or impedes access
    to any site is strictly prohibited. Examples of prohibited acts
    include, but are not limited to, low flights over camps or persons
    at less than 500 feet (unless landing).

9.  The UNAVCO staff and/or authorized agents shall restrict their
    activities to the installation sites.

10. Prior to traveling to each island, bags, boxes, and equipment will
    be checked for small rodents or signs of rodents, such as chew holes
    in boxes, as well as seeds and insects, to prevent transmission of
    invasive species to the islands. Drilling equipment must be washed
    before and after each site is drilled to prevent transmission of
    non-native plant material and seeds. Boats used to transport
    materials or helicopters for construction or maintenance activities
    shall be rodent free.

11. Fuel caches are authorized during the construction phase of the
    project only. Fuel containers shall be properly stored and marked
    with the Permittee's name, type of fuel and last date of filling.
    Fuel barrels shall be stored on end, with openings upright. All fuel
    containers, including those emptied, shall be capped when not in
    actual use. Any spills in excess of 5 gallons must be reported to
    the Refuge Manager.

12. Spill containment/clean-up supplies (sorbents and overpacks) will be
    available at all times for use at fuel storage sites, remote caches,
    and temporary caches. Provide sorbent material in sufficient
    quantity to recover at least 10 percent of the volume of the largest
    container.

13. All solid waste and building materials shall be removed from the
    site after construction, and solid waste and batteries shall be
    removed after each maintenance visit and not allowed to accumulate.
    Used batteries shall be disposed of at a licensed disposal site for
    used batteries, off of the refuge.

14. All structures (fiberglass huts, steel boxes, etc) shall be painted
    to blend in with the environment as much as possible. UNAVCO will
    coordinate with the Refuge Manager on color selection for the
    equipment.

15. Within three years of monitoring cessation, the monument,
    electronics huts, solar panel swing set structure, and associated
    conduit shall be removed and the area restored to its original
    condition. If individual seismic stations are decommissioned prior
    to the end of the project, all equipment must be removed from those
    sites, and the area restored to its previous condition, within one
    year of monitoring cessation at those sites, even if monitoring is
    continuing elsewhere.

16. In accordance with the Archaeological Resources Protection Act (16
    USC 470aa), the disturbance of archaeological or historical sites
    and the removal of artifacts from Federal land is prohibited. The
    excavation, disturbance, collection, or purchase of historical,
    recent, ethnological, or archaeological specimens or artifacts is
    prohibited. Permittee agrees to cease work on Federal land
    immediately upon discovery of any cultural resources or when ordered
    to do so by the Refuge Manager.

17. The use of Native or State lands that have been conveyed (patented)
    is not authorized by this permit.

18. Any problems with wildlife and/or animal taken in defense of life or
    property must be reported immediately to the Refuge Manager and the
    Alaska Department of Fish and Game and be salvaged in accordance
    with State regulations.

19. All or part of this permit may be terminated by the Service for
    failure to comply with any or all of the terms or conditions of the
    grant, or for abandonment. A rebuttable presumption of abandonment
    is raised by deliberate failure of the Permittee to use for any
    continuous two-year period the permit for the purpose for which it
    was granted or renewed. In the event of noncompliance or
    abandonment, the Service will notify the Permittee in writing of its
    intention to suspend or terminate the grant 60 days from the date of
    the notice, stating the reasons therefore, unless before that time
    the Permittee completes such corrective actions as are specified in
    the notice. The Service may grant an extension of time within which
    to complete corrective actions when, in its judgment, extenuating
    circumstances not within the Permittee's control such as adverse
    weather conditions, disturbances to wildlife during breeding periods
    or periods of peak concentration, or other compelling reasons
    warrant. Failure to take corrective action within the 60-day period
    will result in suspension or termination of the permit.

20. The Permittee will provide to the Regional Director upon completion
    of establishing said GPS station the geographic coordinates for each
    GPS station, and other improvements installed under this permit and
    copies of the latest USGS 1:63,360 Quadrangle Maps of the areas
    involved showing the location of each of these sites.

21. The Permittee shall reimburse the United States for reasonable costs
    incurred by the Fish and Wildlife Service in monitoring the
    construction, operation, maintenance, and termination of facilities
    within or adjacent to the permit area.

22. The permittee will provide to the Regional Director of the U.S. Fish
    and Wildlife Service copies of all reports, studies, and surveys
    conducted and prepared for lands covered under this permit.

**Justification:** The installation of GPS units and seismometers for
seismic monitoring, as proposed by UNAVCO, would not interfere with the
purposes for which the refuge was established if the following
conditions are met: 1) The project is situated on specific lands
approved by the refuge and only if private lands in the vicinity are not
suitable or available 2) The equipment is installed in non-wilderness
locations away from concentrations of wildlife as approved by the refuge
3) Special stipulations are incorporated into the right-of-way permit to
ensure all activities are conducted in an environmentally sound manner
and to address any wildlife or resource concerns identified by the
refuge, including timing and method of access 4) Cumulative impacts of
the project to the Refuge System in Alaska remain within acceptable
limits of compatibility as determined by the Refuge Manager(s) and
Regional Chief of Refuges.

The installation of these GPS stations will contribute to the public's
understanding of natural geologic processes and how those processes
correlate with earthquake and volcano activity in the areas to be
monitored. The data may be useful in providing hazard warnings to the
public.

**Supporting Documents:**

1\. Appropriate Use Determination

2\. Environmental Assessment (USFWS 2008)

3\. Section 810 Evaluation and Finding (USFWS 2007)

**NEPA Compliance for Refuge Use Decision:**

\_\_\_Categorical exclusion without environmental action memorandum

\_\_\_Categorical exclusion and environmental action memorandum

\_\_\_Environmental assessment and finding of no significant impact

\_\_\_Environmental impact statement and record of decision

**Refuge Determination:**

**Signature:** Refuge Manager/

Project Leader

Approval:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Signature and Date)

**Concurrence:** Regional Chief

> National Wildlife
>
> Refuge System**:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

(Signature and Date)

**Mandatory 10-year Re--evaluation Date:** March 2018