1. Environmental Permits and Authorizations for
Maintenance Work

2. What Permits and Authorizations
are Needed?

3. U.S. Army Corps of Engineers (USACE)
Section 404 Permits and Section 401 Water Quality Certification (WQC)
Section 404 of the Clean Water Act (CWA) established a program to regulate the discharge of dredged or
fill material into waters of the United States. All waters with a "significant nexus" to "navigable waters"
are covered under the CWA, including wetlands. Any person, firm or agency planning to place structures
or conduct work in navigable waters of the United States, or dump, place or deposit dredged or fill
material in waters of the United States must first obtain a Section 404 permit from the Corps of Engineers.
Section 404 permits vary and may be nationwide, regional, or individual. Section 401 certificates certify
that the proposed work is compliant with water quality standards.
Violation Penalty: a fine of not less than $2,500 nor more than $25,000 per day of violation, or by
imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a
first conviction of such person under this paragraph, punishment shall be by fine of not more than $50,000
per day of violation, or by imprisonment for not more than two years, or by both.
Section 10 Permits
Section 10 of the Rivers and Harbors Act states that it is prohibited to build or commence the building of
any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port,
roadstead, haven, harbor, canal, navigable river, or other water of the United States or to excavate or fill,
or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead,
haven, harbor, canal, lake, harbor of refuge, or enclosure within the limits of any breakwater, or of the
channel of any navigable water of the United States, unless there is Congressional approval, and
excavation or fill within navigable waters requires the approval of the Chief of Engineers.
Violation Penalty: fines up to $2,500 or imprisonment for up to one year or both and the removal or
abatement of offending structures.

4. U.S. Coast Guard (USCG)
Section 9 Permits
Section 9 of the Rivers and Harbors Act prohibits the construction of any bridge, dam, dike or causeway over or
in navigable waterways of the United States without Congressional approval. This includes all temporary
bridges used for construction access or traffic detour.
Violation penalty: fines up to $2,500 or imprisonment for up to one year or both and the removal or abatement
of offending structures.

5. U.S. Fish and Wildlife Service (USFWS)
Incidental/ Non-Purposeful Take Permits
Incidental take permits are required when non-Federal activities will result in take of threatened or endangered
species, particularly eagles, their nests, or their eggs.
50 CFR 10 Part 22 - Eagles
According to the Bald and Gold Eagle Protection Act, you may not sell, purchase, barter, trade, import, export,
offer for sale, purchase, barter, trade, take, or transport at any time or in any manner, any bald eagle (Haliaeetus
leucocephalus), or any golden eagle (Aquila chrysaetos), or the parts, nests, or eggs of these birds. The Act
defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.” A permit
may be issued under this section to authorize removal or relocation of an inactive eagle nest when the removal
is necessary to ensure public health and safety or inactive nest that is built on a human-engineered structure and
creates a functional hazard that renders the structure inoperable for its intended use.
Violation penalty: a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a
first offense. Penalties increase substantially for additional offenses, and a 2nd violation of this Act is a felony.
50 CFR 10 Part 21 – Migratory Birds
According to the Migratory Bird Treaty Act, no person may take, possess, import, export, transport, sell,
purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such bird
except as may be permitted under the terms of a valid permit.
Penalty for violation: a misdemeanor and conviction would result in a fine of not more than $500 or
imprisonment of not more than six months.

6. USFWS and the National Oceanic and
Atmospheric Administration (NOAA)
Endangered Species Act - Section 7 Consultation
Federal agencies and state DOT projects receiving federal money are directed, under section 7(a)(1) of the
Endangered Species Act (ESA), to utilize their authorities to carry out programs for the conservation of
threatened and endangered species. Federal agencies must also consult with USFWS and/or the NOAA
National Marine Fisheries Service (NMFS), under section 7(a)(2) of the ESA, on activities that may affect a
listed species. Federal actions and state DOT actions receiving federal funding may not jeopardize the
continued existence of a species or destroy or adversely modify critical habitat.
Penalty for violation: a civil penalty of not more than $12,000 for each violation.

7. Alaska Department of Fish and Game (ADF&G)
Title 16 Fish Habitat Permit
The Anadromous Fish Act (AS 16.05.871- .901) requires that an individual or government agency provide prior
notification and obtain a permit before altering or affecting “the natural flow or bed” of a specified waterbody, or
fish stream. All activities within or across a specified anadromous waterbody require approval from the ADF&G
Division of Habitat. This includes:
O Construction of a hydraulic project
O Use, diversion, obstruction, pollution, or changing the natural flow or bed of a specified river, lake, or stream
O Use of wheeled, tracked, or excavating equipment in the bed of a specified river, lake, or stream
O Water withdrawals
O Stream realignment/diversion and bank stabilization
O Culvert repair/replacement/installation
O Placing, excavating, depositing, or removing material
The Fishway (or Fish Passage Act AS 16.05.841), requires that an individual or government agency notify and
obtain authorization from the ADF&G, Division of Habitat for activities within or across a stream used by fish if it
is determined that such uses or activities could represent an impediment to the efficient passage of resident or
anadromous fish. This means that a permit may be required for work over water when sediment may fall in and
disturb fish (i.e. work on bridges).
Penalty for violation: A fine and sentencing of a class A misdemeanor, if found guilty.

8. Alaska Department of Natural Resources (ADNR)
Water Use Permits (Temporary and Permanent)
A water right is a legal right to use surface or groundwater under the Alaska Water Use Act (AS 46.15). A water
right allows a specific amount of water from a specific water source to be diverted, impounded, or withdrawn for a
specific use. To obtain water rights in Alaska, you need to submit an application for water rights to the ADNR
Division of Mining, Land, and Water.
Penalty for violation: Anyone who diverts, impounds, or withdraws a significant amount of water for use, without
a permit, certificate, or authorization is guilty of a misdemeanor (AS 46.15.180).
Limited Material Sales
Lease, sale, or other disposal of state land or resources may be made to a state or federal agency per the Alaska
Land Act (AS 38.05.810A). Per our charitable and public material sales agreements with ADNR, in approved
material sites without Interagency Land Management Assignments DOT&PF may extract up to 5,000 cu yd of
material per year per project. Limited Material Sales agreements require Conditional Use permits to be obtained in
the Matanuska-Susitna and Kenai Peninsula Boroughs and annual material use counts to be submitted to ADNR.

9. Alaska Department of Environmental Conservation (ADEC)
Per CFR 40 Part 131A, states must review, establish, and revise water quality standards. States may also issue
certifications pursuant to the requirements of the CWA.
Alaska Pollutant Discharge Elimination System (APDES) Permit
Construction projects disturbing more than one acre of ground, excluding routine maintenance projects. Projects
must develop and follow a Storm Water Pollution Prevention Plan (SWPPP) to manage materials, equipment, and
runoff from the construction site.
Violation Penalty: EPA - $37,500 per day per violation; ADEC - $500-$100,000 plus $10,000 per day. If violation
knowing & willful, criminal penalties up to $10,000 and possible jail time.
Dewatering Permit
The state of Alaska regulates discharge of wastewater from excavations on sites located <1 mile from a
contaminated site OR from excavations on sites located >1 mile from a contaminated site when project is not
eligible for coverage under APDES. The owners and operators of facilities covered under this general permit are
authorized to discharge to the lands and waters of the state of Alaska. Eligible projects may include earthwork
activity such as culvert placement; gravel extraction; pipeline installation, inspection or repair; and other similar
projects.
Stormwater Plan Review and Letter of Non-Objection
According to 18 AAC 72.600, engineering plans should be submitted to DEC for review and approval. To obtain a
"letter of non-objection" for all projects with permanent stormwater controls, treatment controls, or sewer systems.

10. ADEC, Continued
Pesticide General Permit
In compliance with the provisions of the CWA, 33 U.S.C. §1251 et seq., as amended by the Water Quality Act of
1987, P.L. 100-4; this permit is issued under provisions of Alaska Statutes 46.03; the Alaska Administrative Code
as amended; and other State laws and regulations. A person or government entity may not, without first obtaining
a permit issued by the department, direct, conduct, participate in, or allow the use of a pesticide
1. to waters of the state; or
2. by aircraft or helicopter
Violation penalty: the ADEC will serve a written stop sale, use, or removal order to the owner or custodian of the
pesticide or device
Title I Minor Air Quality Permit
40 CFR 52.21(b)(23) and Anchorage Municipal Code AMC 15.35.090D allow the ADEC Air Permit Program to
protect the Alaskan environment by ensuring that air emissions from industrial operations in the state do not
create unhealthy air.

11. Kenai Peninsula Borough (KPB) and Kenai River Center (KRC)
KPB Conditional Use Permit
KPB Code Chapter 21.18 allows the KPB to issue permit applications for projects that:
a) are located within the Borough 50-foot Habitat Protection Area (construction, major vegetation clearing and
other development activities within 50-feet of the: Anchor River, North Fork Anchor River, Beaver Creek, Bishop
Creek, Bradley River, Chickaloon River, Deep Creek, English Bay River, Fox River, Funny River, Kasilof River,
Kenai Lake, Kenai River, Killey River, Upper Killey River, Moose River, Ninilchik River, Quartz Creek, Russian
River, Slikok Creek, Soldotna Creek, Stariski Creek, Seldovia River, Seven Egg Creek, and Swanson River)
b) are not described as permitted activities in the KPB Code
c) do not require permits from agencies other than the KPB.
As Conditional Use Permits must be approved by the KPB Planning Commission, applications may take up to 3
months to process.
KPB Floodplain Development Permit
KPB Ordinance 86-97 mandates that the KPB Floodplain development program conform to the requirements of the
FEMA National Flood Insurance Program (NFIP). The KPB Floodplain program issues floodplain development
permits for all structures and for all other development including fill and other activities within flood hazard areas
established in KPB.
KPB Material Site Permits
KPB Code of Ordinances Chapter 21.29 regulates material extraction, materials processing, and excavation in the
water table within the KPB. The KPB Planning Department issues material site permits for material extraction
which disturbs no more than 2.5 cumulative acres and does not enter the water table. A conditional land use permit
(CLUP) is required for material extraction which disturbs more than 2.5 cumulative acres, or material extraction of
any size that enters the water table.
Violation penalties in the KPB: For any violation, the KPB may force the guilty party to correct or abate the
violation or recover a civil penalty not exceeding $500.00 per day for each violation

12. Municipality of Anchorage (MOA)
Noise Permit
Anchorage's Municipal Noise Ordinance (AMC15.70) limits the level of allowable noise based on
location and time of day. A "noise permit" allows a temporary increase in allowable noise levels. Only
certain events are eligible for a noise permit:
O Construction
O Explosives
O Public events
O Snow removal
O Motor vehicle racing events
Flood Hazard Development Permit
MOA flood hazard ordinance 21.60 mandates that no person shall engage in development within the
flood hazard district unless a special flood hazard permit is first issued. The MOA requires a Flood
Hazard Permit for all new construction or development within the floodplain, such as grading, cut and
fill, installation of riprap and other bank stabilization techniques.
Stormwater Treatment Plan Review
Storm water pollution control requirements are set forth in Title 21 (Land Use Planning) of the
Anchorage Municipal Code (AMC). This code requires anyone who constructs, installs, modifies, or
operates a storm water treatment or disposal system within the municipal boundaries to comply with the
SWTPRGM regarding storm water runoff system plan requirements and plan reviews.

13. Matanuska-Susitna Borough (MSB)
Floodplain Development Permit
MSB 17.29 Flood Damage Prevention
A Floodplain Development Permit is required prior to rebuilding or any other development within a Federally
Designated Flood Hazard Area within the MSB. The permit shall be for all structures and for all development
including fill and other activities.
Violation penalty: The MSB may take such lawful action as is necessary to prevent or remedy any violation.

14. What To Do
Months before the work you want to do is ready to commence, call or email me or Jennifer and ask us to look into
whether you need any permits. If you do, we’ll take care of the paperwork.
Give us details on the work you want to do, including:
O Work location information (roads, intersections, and mileposts or mile points)
O Approximate work area
O Purpose of work (why it needs to be done)
O Scaled drawings of proposed work
O Approximate cubic yards of material that will be installed/removed/relocated
O Photos of work area
O Culvert sizes/lengths

15. Questions and Contact Information
Renée Forque, EnvironmentalImpact Analyst II
Alaska Dept. of Transportation and Public Facilities
Maintenance & Operations Section, Central Region
P.O. Box 196900, Anchorage, Alaska 99519-6900
Phone (907) 269-0714| Fax (907) 248-1573
Jennifer Micolichek, Environmental Impact Analyst II
Alaska Dept. of Transportation and Public Facilities
Maintenance & Operations Section, Central Region
P.O. Box 196900, Anchorage, Alaska 99519-6900
Phone (907) 269-5690| Fax (907) 248-1573