Yakutat Alaska Department of Natural Resources by alicejenny

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									                      Yakutat Coastal Management Program
                            Coastal Management Plan
                      Enforceable and Administrative Policies


Effective Dates:

February 24, 1982:

The City of Yakutat Coastal Management Program goes into effect for State, federal,
and local implementation.

In 1992, the City of Yakutat dissolved and incorporated as the City and Borough of
Yakutat. In 1993, CBY began revising its coastal management program to include the
additional area. In 1997, CBY annexed additional territory.

May 13, 1999:

In 1999, CBY completed the revision begun in 1993. The revised plan contains new
enforceable policies, but does not include the additional territory annexed in 1997.


Coastal Development Policies

2.1   Waterbody Development

      In planning for and approving uses and activities in waterfront areas, the
      following order of priority shall be used:

      a.     First, to water-dependent uses and activities;

      b.     Second, to water-related uses and activities; and

      c.     Finally, to obtain approval to site a use or activity that is not water-
             dependent nor water-related in the coastal area, the applicant must
             demonstrate:

                    There is a public need for the proposed use or activity;


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                  There are no feasible and prudent inland alternatives that would
                   meet the public need and allow siting away from the coastal area;
                   and
                  All significant adverse impacts on coastal resources will be
                   minimized.

2.2   Development Standards for Floating Development

      Standards for floating development include:

      a.    Floating development shall not ground at any tidal stage, unless ADFG
            determines there will be no significant adverse impact to habitat values.

      b.    Floating development shall be sited to protect existing resources and
            uses, unless the tidelands and submerged lands are designated for
            floating development.

      c.    Floating development which supports economic development activities
            such as commercial timber harvest, mineral exploration, commercial
            fishing, sport fishing, tourism or aquatic farming shall be limited to the
            time the resource use or activity is occurring or support for the activity is
            needed.

      d.    Floating development must not jeopardize access to upland property
            belonging to another party.

2.3   Dredge and Fill Requirements

      Dredge and fill activities shall be located, designed, constructed, operated and
      maintained to:

      a.    Limit direct disturbance of natural drainage features to the minimum
            area necessary to accomplish the proposed purpose or use;

      b.    Minimize alterations or changes to natural coastal erosion and deposition
            patterns so that dredge or fill does not alter the natural rate of erosion or
            accretion somewhere else; and,

      c.    Contain and stabilize fill and dredge material to minimize erosion
            sedimentation, and leaching into adjacent waters.

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2.4   Mitigation

      a.   Subject uses shall be designed, sited, constructed, and operated with
           appropriate planning, implementation, monitoring and enforcement to
           mitigate significant adverse impacts and/or adverse cumulative impacts
           to the following resources and activities of local, state, or national
           importance:

           1.      Fish and wildlife populations and their habitats;

           2.      Commercial fishing uses and activities;

           3.      Local harvest, subsistence, and personal use resources, habitats,
                   and activities;

           4.      Recreation resources;

           5.      Air, land, and water quality, quantity, and availability;

           6.      Cultural resources.

      b.   The cost of mitigation relative to the benefit to the coastal resource’s
           function and value shall be considered in the implementation of this
           policy and be included as a project cost. The applicant shall be
           responsible for providing cost-benefit information should it be required
           by the coordinating agency. The coordinating agency shall substantiate
           the request by providing the applicant with the rationale for the cost-
           benefit information and the elements it must contain.

      c.   Mitigation shall include and be considered in the following order of
           preference:

           1.      Avoid the significant adverse impacts altogether by selecting
                   alternative locations, construction options, or schedules;
                   eliminating conflicting project attributes or not taking a certain
                   action or parts of an action to eliminate significant adverse
                   impacts;

           2.      When it is not feasible and prudent to avoid significant adverse
                   impacts, minimize them by limiting the degree or magnitude of
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                   the action and its implementation to the amount necessary to
                   accomplish the proposed use or activity;

            3.     When significant adverse impacts cannot be minimized, restore or
                   rehabilitate the resource to its pre-disturbance condition; and,

            4.     Where significant adverse impacts to a resource are substantial
                   and irreversible and cannot be avoided or minimized, or the
                   resource cannot be restored or rehabilitated, compensate for
                   significant adverse impacts by replacing or enhancing with
                   substitute resources. Compensation may be in-kind or out-of-
                   kind, and on-site or off-site. The preferred option is in-kind and
                   on-site, to the extent feasible and prudent.

2.1A Development Requirements (Administrative Policy)

      To the extent authorized by law, subject uses within the Borough should
      comply with local land use regulations, including zoning and subdivision
      ordinances. The Borough will assist applicants in the local review process. All
      land managers will work cooperatively in planning any development proposals
      within the coastal district.

2.2A Local, State, and Federal Responsibility (Administrative Policy)

      Local, state, and federal agencies responsible for implementing program
      policies through the coastal consistency process should, where feasible and
      prudent, provide timely monitoring of authorizations, stipulations, and special
      conditions, and necessary compliance enforcement.


Geophysical Hazard Areas Policies

3.1   Development and Resource Protection in Flood Areas

      a.    Industrial, commercial, or residential structures shall not be located
            where a flood hazard area has been identified if a feasible and prudent
            alternative site exists. Adequate siting, design, and construction
            measures must be taken to minimize property damage and protect
            against loss of life.


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      b.    Minimize alteration of stream channels in order to maintain natural
            hydrologic processes.

      c.    Development shall minimize significant adverse impacts to a
            waterbody’s capacity to store flood and storm water and recharge
            ground water.

3.2   Erosion

      The following measures shall be used to the extent feasible and prudent to
      minimize sedimentation to waterbodies and habitat:

      a.    Subject uses shall be sited to minimize adverse alteration of the natural
            topography of the land, drainage systems, and vegetation.

      b.    Sediment laden runoff from subject uses shall be controlled using best
            management practices. Best management practices include, but are not
            limited to, the options found in the Department of Transportation and
            Public Facilities Best Management Practices for: Construction Erosion
            and Sediment Control and Maintenance and Operations Activities.

      c.    Minimize the area of ground disturbance and the duration of exposed,
            unstabilized soils. Revegetate disturbed areas as soon as possible.

      d.    For streambank and shoreline stabilization, vegetation shall be used to
            stabilize active banks and shorelines unless the applicant can
            demonstrate to the satisfaction of the borough and reviewing agency that
            riprap or other structural techniques are the only effective method.
            Riprap material shall be obtained from upland sources.

3.3   Wind Protection

      To the extent feasible and prudent, subject uses shall maintain existing wind
      barriers (such as the tree protection provided on Khantaak Islands and Ocean
      Cape).

3.4   Construction on Slopes

      a.    Subject uses shall be sited and constructed to minimize the effects of
            wind and mitigate slope instability.

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      b.    To prevent landslides and wind damage, improvements shall not be
            located on the crest of a slope or sea cliff unless the applicant can
            demonstrate to the satisfaction of the borough that the improvement
            will not require structural protection or result in slope instability.

3.1A Geologic Hazards (Administrative Policy)

      Due to the highly unstable geology conditions in certain areas of the Borough,
      applicants are advised to conduct geotechnical investigations prior to
      development in order to determine appropriate siting, design and construction
      measures.

3.2A Construction in Seismic Zones (Administrative Policy)

      The advice to developers and builders of facilities is to design and construct in
      accordance with the Uniform Building Code requirements for Seismic Zone 3.

3.3A Construction in Tsunami Run-Up Zones (Administrative Policy)

      The advice to developers is to avoid construction in potential tsunami run-up
      zones. Developers are urged to consult with resource agencies and the
      Tsunami Warning Center for further information.


Recreation Policies

4.1   Development Impacts to Recreational Use Areas

      To the extent feasible and prudent, subject uses shall avoid significant adverse
      impacts to recreational use areas. Where the reviewing agency determines it is
      not feasible or prudent to avoid significant adverse impacts to recreational use
      areas, subject uses shall be planned, located, operated, and maintained to
      minimize impacts on recreational uses and to accommodate recreational
      activities in the recreation use areas.

4.1A Planning (Administrative Policy)

      Federal and state land managers should provide an opportunity for the
      Borough to participate in recreation planning through NEPA, the state area
      planning process, or other means.

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4.2A Open Space Areas (Administrative Policy)

      Areas that possess high recreation, scenic, wildlife, or environmental values
      should be considered by state and federal agencies and the Borough for public
      open space or recreation use designation.

4.3A Access (Administrative Policy)

      The borough will work with public and private landowners to identify, secure
      through mutually acceptable terms, and maintain easement and public rights-
      of-way, which provide access to recreational use areas and coastal waters.


Energy Resources and Support Facilities Policies

5.1   Use of Existing Facilities

      Before new facilities will be approved, the applicant must demonstrate that
      reuse of existing or abandoned oil and gas facilities, areas, and pipeline routes is
      not feasible and prudent.

5.2   Siting Interference with Fishing Operations and Equipment

      Activities and facilities associated with oil and gas resource exploration,
      development, production, or transmission shall be designed, constructed, and
      operated to minimize interference with fishing operations, equipment, and
      passage of fish.

5.3   Commercial Fishing

      Activities associated with oil and gas resource exploration, development,
      production, or transportation shall be located or timed to avoid interference
      with subsistence and commercial fishing activities or fishing gear.

5.4   Oil Storage

      Oil produced in offshore areas shall be transported to shore for storage unless
      transport to shore is determined by the reviewing agencies to have a greater
      potential for adverse environmental impact than offshore storage.

5.5   Geophysical Surveys and In-water Use of Explosives
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      a.    To the extent feasible and prudent, geophysical surveys and in-water use
            of explosives shall be located, designed, and conducted in a manner so as
            to avoid disturbances to fish and wildlife population, habitat, or harvest.
            Seasonal restrictions, restrictions on the use of explosives, or restrictions
            relating to the type of transportation utilized in such operations may be
            required.

      b.    Geophysical surveys and in-water use of explosives in fresh and marine
            waters supporting fish or wildlife shall require the use of energy sources
            such as airguns, gas exploders, or other sources that have been
            demonstrated to be harmless to fish and wildlife.


Transportation and Utilities Policies

6.1   Waterbody Crossings

      a.    To reduce significant adverse impacts to water quality and habitat, to the
            extent feasible and prudent, road, pipeline, and utility crossings (above
            or below ground) of anadromous fish waterbodies shall be consolidated
            at single crossing, unless the applicant can demonstrate to the
            satisfaction of ADF&G and the borough that project purposes cannot
            be met with a single crossing. In that case, crossings shall be minimized
            to the smallest number needed to accomplish the project.

      b.    All bridges and culverts shall provide for the free passage and spawning
            activities of salmon or other fish and shall avoid changes in stream flow,
            velocity, or hydrology that will produce changes in the stream bed or
            banks.

6.2   Natural Bear Feeding Concentration Areas

      Where feasible and prudent, roads shall avoid natural bear feeding
      concentration areas identified in the current edition of the ADNR “Yakataga
      Area Plan” or identified by ADF&G on a case-by-case basis. For purposes of
      this policy, “avoid” means “stay at least 600 feet away”.




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6.3   Ports and Harbors

      a.    Ports, harbors, and docks shall be sited to minimize significant adverse
            impacts to wetlands, and other nearshore habitats identified by ADFG
            as valuable to early marine stages of anadromous fish.

      b.    Ports, harbors, and docks shall be designed to allow fish passage along
            the coast or in waters used by anadromous fish.

      c.    Structures and fill must be designed to maximize flushing to avoid
            concentration of pollutants while minimizing interference with natural
            water circulation and mixing in ports and harbors.

      d.    Ports, harbors, marinas, seafood processors, and other commercial and
            industrial facilities shall provide for the transfer, storage, disposal, and
            handling of petroleum products and fuel; solid waste; waste oil; sewage;
            runoff; wash water; fish waste; and liquid materials or hazardous
            substances used in boat maintenance repair, or operation.

      e.    Accessory uses at ports and harbors shall be limited to those, which are
            water-dependent or water-related. Accessory uses shall be consistent in
            scale and intensity with the harbor or port and surrounding uses.

6.4   Pipelines and Utilities

      a.    To the extent feasible and prudent, existing pipeline and utility corridors
            shall be used for new facilities or expansion of existing facilities rather
            than developing new corridors.

      b.    Where feasible and prudent, pipelines and utilities shall be installed
            underground in recreational use areas described in Chapter 3.

      c.    To the extent feasible and prudent, underwater pipelines and utilities
            shall be buried. If pipelines and utilities are not buried, they shall be
            designed to allow for the passage of fishing gear, and shall not obstruct
            public access.

      d.    Stream crossing by pipelines and utilities shall be on bridges or over
            culverts. If locating pipelines and utilities in the streambed is necessary,
            they shall be installed without trenching the stream unless the applicant
            can demonstrate that it is not feasible and prudent. If trenching is the
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            only alternative available, the natural streambed elevation shall be
            reconstructed and maintained.

6.1A Airstrips (Administrative Policy)

      Because of the importance public airstrips play in providing access to remote
      parts of the district, public use airstrips should be operated and maintained by
      the appropriate public entity (Borough, state, federal governments), and remain
      open to the public.

6.2A Public Education (Administrative Policy)

      The district should work with ADEC, and others, to develop public education
      on sound fish waste management practices, and other small boat practices
      aimed at maintaining good harbor water quality.

6.3A Public Access (Administrative Policy)

      Restrictions on traditional modes and means of public access through
      municipal, state, and federal land should be minimized. Prior to disposal of
      municipal, state, or federal lands, public access routes should be identified and
      dedicated.


Fish and Seafood Processing Policies

7.1   Interference with Commercial Fishing and Seafood Processing
      Operations

      Subject uses constructed or placed in marine and estuarine waters of the
      Borough shall be sited, constructed, and operated to the extent feasible and
      prudent in a manner that does not create a significant adverse impact to
      commercial fishing or seafood processing operations.

7.2   Mariculture Operations

      Specific policies regarding mariculture operations in the Ankau Lagoon System
      and Shipyard Cove are found in the Special Policy Area section of this chapter.

      a.    Mariculture operations shall not be allowed in areas that have established
            uses, such as navigation, moorage, sport or commercial fishing, log
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            rafting, underwater utilities and active scientific research. Exceptions
            will be made if DNR, in consultation with the borough, determines that
            it is possible to site, design and operate the two uses compatibly, or there
            is no feasible and prudent alternative for the mariculture operation but
            one exists for the competing use.

      b.    Floating caretaker facilities for mariculture operations are allowed where
            there is no feasible and prudent upland alternative and when the
            applicant can demonstrate that the facility will not cause significant
            adverse impacts from sanitary sewage, solid waste, petroleum products,
            hazardous materials or grounding.

      c.    Exposed sand and gravel beaches shall be used as sites for onshore
            storage of shellfish awaiting Paralytic shellfish poisoning (PSP) test
            results and shipment because these sites are less susceptible to harm than
            estuaries and tideflats.

7.1A Seafood Processing Locations (Administrative Policy)

      Because of its access to transportation and other facilities, the Yakutat area is
      considered a very suitable location for expansion of seafood processing
      facilities and fishery-related industries. Siting, design, construction, and
      operation of facilities should conform to applicable ACMP standards, policies
      of this plan, the Borough’s comprehensive plan, and other applicable
      regulations.

7.2A Fisheries Enhancement and Habitat Improvement (Administrative
     Policy)

      On-going cooperative efforts by the local fisheries interests, the Borough, and
      state and federal agencies should be continued. As appropriate, programs
      developed by these groups should strive to maintain, restore, develop, and/or
      enhance the natural biological productivity of anadromous fish streams in the
      coastal area of the Borough.


Timber Harvest and Processing Policies

8.1   Timber Harvest and Processing


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      The 1990 Alaska Forest Resources and Practices Act and regulations
      promulgated in 1993, and approved additions thereto, constitute the
      components of this plan with respect to the activities regulated by that Act and
      regulations. If any policies in this plan are inconsistent with that Act and
      regulations, the Act and regulations shall be controlling.


Mining and Gravel Extraction Policies

9.1   Mineral, Sand and Gravel Site Plans

      The applicant shall develop and submit a site plan depicting the location of the
      mineral, sand, and gravel operation and its structures, proposed circulation
      (ingress and egress), existing vegetation, and existing topography. The site plan
      will be used in the review of the enforceable policies of this plan and should
      indicate how the applicant intends to comply with the specific requirements of
      policies 8.2 - 8.6.

9.2   Mining, Sand and Gravel Extraction Operations

      To the extent feasible and prudent, such extraction activities shall avoid
      significant adverse impacts on wave-energy, sediment transport, anadromous
      fish spawning and rearing habitat, and waterbird habitat; and minimize
      increases in shoreline erosion and sedimentation.

      The following practices shall be incorporated into the siting, design, and
      operation of mining and sand and gravel extraction activities:

      a.    Clearing of riparian vegetation and disturbance of natural banks shall be
            limited to the minimum necessary to accomplish the project.

      b.    To the extent feasible and prudent, extraction sites shall be designed to
            blend with surroundings and to enhance riparian and aquatic habitats.

      c.    Extraction from locations used for spawning and overwintering habitat
            for anadromous fish shall be prohibited unless part of a fish or wildlife
            enhancement project and no other location is available.

      d.    Material washing operations which discharge processing water to rivers,
            streams, or lakes, shall control sediment using practices such as settling

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            ponds and discharge water recycling treatment. Settling ponds shall be
            adequately protected from flooding.

9.3   Sand and Gravel Extraction

      Sand and gravel extraction from coastal waters, intertidal areas, barrier islands,
      and spits shall be permitted if:

      a.    Material from upland sources is not suitable and/or economically
            feasible for the intended use.

      b.    There is demonstrated public need for the material.

      c.    The sand and gravel is extracted by methods and timing that will
            minimize significant adverse impact.

      d.    Restoration or revegetation is completed, as appropriate.

9.4   Reclamation and Restoration

      a.    Reclamation of all extraction sites shall be required unless such
            reclamation would cause greater adverse impact to the environment than
            leaving the area unreclaimed. At a minimum, reclamation shall include
            the following elements:

            1.     Overburden in upland areas shall be stored and reused during the
                   reclamation process.

            2.     Topsoil shall be separated from overburden and both shall be
                   stored so as to be protected from flooding.

            3.     At the end of each mining season, all disturbed areas shall be
                   regraded to stable slopes; potential flood areas shall be regraded to
                   ground contours that shall not entrap fish nor alter stream
                   hydraulics. Tailings may be retained in place until completion of
                   their use.

            4.     All disturbed areas shall be stabilized and revegetated, as
                   appropriate.

      b.    At a minimum, restoration shall include the following elements:
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             1.     Disturbed areas shall be graded to stable slopes that blend with
                    the natural topography;

             2.     Erosion control measures shall be used.

             3.     Disturbed areas shall be covered with topsoil and native plant
                    species.

             4.     Operators shall consult with ADFG on the final design and
                    reclamation where sites have been excavated below groundwater
                    and have value as habitat for waterfowl or fish.

9.5    Offshore Mining and Sand and Gravel Extraction

       a.    To the extent feasible and prudent, mineral, sand and gravel extraction
             activities may occur in coastal waters, such as, intertidal areas, barrier
             islands, and spits. Such activities shall minimize significant adverse
             impacts to commercial fishing, subsistence uses and activities, fish and
             wildlife habitats, natural coastal processes, and use of the adjacent
             upland area.

       b.    Mining on tidelands shall not prevent access.

       c.    In areas where toxic substances occur naturally in bottom sediments,
             offshore mining activities shall not resuspend the toxic substances into
             the water column in amounts that would exceed state water quality
             standards.


Subsistence Policies

10.1   Development of Subject Uses in Subsistence Use Areas

       Subject uses shall avoid significant adverse impact on subsistence resources, use
       of those resources, and subsistence use areas.




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10.2 Access

       Traditional and customary access for subsistence use within subsistence use
       areas on public land shall be accommodated unless reasonable alternative
       access is provided.

10.1A Resource Identification (Administrative Policy)

       Coordinate and cooperate with ADFG, Division of Subsistence, and the US
       Fish and Wildlife Service to identify fish and wildlife and plant resources and
       habitats particularly important for subsistence use.

10.2A Planning and Coordination (Administrative Policy)

       The Borough should work cooperatively with local subsistence users and the
       state and federal subsistence agencies to ensure that impacts to subsistence uses
       or activities resulting from proposed subject uses are minimized and/or
       mitigated.

10.3A Subsistence-related Structures (Administrative Policy)

       The Borough should work with local subsistence users and the state to develop
       standards and a process for local review of subsistence-related structures to
       ensure that said structures are sited and designed to minimize impacts on
       subsistence uses and/or activities.

10.4A Right to Subsistence Use (Administrative Policy)

       Subject uses and land management policies should not preclude traditional
       subsistence uses and supporting uses from subsistence use areas to the extent
       consistent with other authorities. Supporting uses include traditionally
       established structures and camps.


Fish and Wildlife and Habitats Policies

11.1   Development Planning

       To the extent feasible and prudent, all subject uses shall be conducted to avoid
       significant adverse impacts on fish, shellfish and wildlife, and their habitats.

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11.2   Erosion Control

       a.    To the extent feasible and prudent, subject uses shall be sited,
             constructed, operated and maintained to minimize increases in runoff
             volumes and velocities and to retain natural drainage patterns.

       b.    To reduce erosion and sedimentation, all cleared areas along streets,
             riparian corridors, and in open areas shall be replanted following
             construction. Vegetation must be fully established by the end of the
             second growing season.

       c.    Dredge and fill activities shall be located, designed, constructed,
             operated, and maintained to minimize turbidity and waterborne sediment
             transport and to maintain adequate circulation and drainage patterns.

11.3   Fisheries

       a.    Projects which may adversely impact fish spawning, migration, rearing,
             and overwintering areas shall be sited, constructed, operated, and
             maintained to enhance or maintain fisheries and fish habitat.

       b.    Projects that may adversely impact banks, beaches, and beds critical to
             fish and shellfish populations, as defined by ADFG, shall be sited,
             constructed, operated, and maintained to minimize disturbance to these
             areas.

       c.    Subject uses that may cause significant adverse impacts to anadromous
             fish waterbodies shall be located a minimum of 150 feet from the
             ordinary high water mark. Natural vegetation within the 150-foot
             setback shall be maintained.

             This 150-foot setback does not apply to:

             1.    Approved transportation and utility crossings;

             2.    Subsistence camps;

             3.    Residential activities;

             4.    Timber harvest related activities regulated solely by the Forest
                   Resources and Practices Act;
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             5.     Water-dependent subject use.

             A variance allowing a setback of less than 150 feet may be established on
             a site-specific basis, in consultation with the ADF&G, and based on the
             following criteria:

             1.     The presence and sensitivity of anadromous fish using the site;

             2.     The nature and timing of the proposed activity or anticipated
                    disturbance, including construction and operation, and the size
                    and configuration of the development with respect to the
                    waterbody;

             3.     The characteristics and function of existing riparian vegetation;

             4.     The slope, soil type, and soil stability at the proposed activity site
                    as it affects the potential for erosion problems; and

             5.     The public need for the project.

       d.    Structures in streams or on banks shall be designed to minimize
             entrainment, entrapment, or impingement of fish.

       e.    Subject uses shall be designed, sited, constructed, and operated in a
             manner which does not impede or interfere with timely access to
             spawning streams by adult fish or in-stream movements of juvenile fish.

11.4   Threatened and Endangered Species

       Subject uses shall be developed such that habitat important to the continued
       existence of threatened and endangered species (plants and animals), is
       protected.

11.5   Waterbird Habitats

       a.    To the extent feasible and prudent, subject uses shall not be located in
             waterbird habitat, as mapped in the most current version of the CBY
             Comprehensive Development Plan “Marine Mammal and Waterfowl
             Habitat” map, or as determined on a site-specific basis by ADF&G, in
             consultation with the borough. Where ADF&G and the borough
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             determine it is not feasible and prudent to avoid waterbird habitat, then
             subject uses shall minimize significant adverse impacts to waterbird
             habitat. The placement of overhead utility wires, fences or other
             structures that could interfere with the flight path of waterbirds, as
             determined by ADF&G and the borough, shall be avoided.

       b.    To the extent feasible and prudent, disturbance to waterbirds such as
             geese and trumpeter swans particularly during nesting, brooding-rearing,
             and wintering periods, shall be avoided.

11.6   Blasting

       Blasting for purposes other than geophysical surveys shall be approved only
       when no feasible and prudent alternatives exist to meet the public need; and
       the applicant demonstrates that consideration has been given to and plans
       made, to mitigate significant adverse impacts to air quality, water quality, and to
       fish and wildlife and their habitats.

11.1A Agency Cooperation (Administrative Policy)

       Cooperate with state and federal agencies to identify sites and develop
       guidelines for activities in proximity to marine mammal and bird rookeries.
       Such guidelines should be applied to permits and reviews. Marine mammal and
       bird rookeries are identified in the ADNR Yakataga Area Plan.

11.2A Resource Information (Administrative Policy)

       The Borough should ensure that the Resource Inventory and Analysis
       (Chapters 3 and 4) is reviewed and updated, as necessary, at least once every
       five years to reflect the most current information available for the region.

11.3A Marine Mammal Protection (Administrative Policy)

       Applicants are advised that the Marine Mammal Protection Act, Endangered
       Species Act and federal guidelines and standards regarding harassment and
       pursuit of marine mammals, or attempting any such activity, apply to subject
       uses.




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11.4A Coordination (Administrative Policy)

       The Borough should work with state and federal resource and regulatory
       agencies and major landholders (Yak-Tat Kwaan, Sealaska, and Chugach
       Alaska) to provide an opportunity to comment on proposed development
       plans, zoning changes, and subdivision applications.

11.5A Local Review (Administrative Policy)

       The Borough should regulate subject uses on land under Borough jurisdiction
       through the use of zoning and subdivision regulations.

11.6A No title (Administrative Policy)

       Streams of particular concern include the Situk River, Situk Lake, Italio River,
       Tawah-Lost River, East Alsek River, Akwe River, and Doame River. Coastal
       areas of particular concern include clam beaches on the Yakutat road area (the
       area between Khantaak Island and the shoreline), and the shoreline from Dry
       Bay to Phipps Peninsula.


Air, Land, and Water Quality Policies

12.1   Discharge and Runoff to Waterbodies

       a.    To the extent feasible and prudent, water contaminants shall be
             removed, reduced, or treated on-site before being discharged to
             waterbodies. Techniques include treatment by vegetation and soils,
             proper disposal of oil, and diversion of impervious surface runoff
             through grassy swales.

12.2 Drainage

       a.    To the extent feasible and prudent, “no net increase in stormwater
             discharge” shall occur as a result of a subject use. “No net increase in
             storm water discharge” means the rate or release of storm water across
             the boundary of a site can be no greater after development than before.

       b.    The hierarchy of alternative approaches for the design of drainage
             systems shall be as follows:

                                        19                           Effective Date: 5/13/1999
             Alternative 1) through site design such as the arrangement of buildings
             and landscaping;

             Alternative 2) through soil infiltration and natural drainage; and

             Alternative 3) through detention systems.

12.1A Water Quality (Administrative Policy)

       The Borough may require, as part of the subdivision approval process,
       documentation that proposed waste disposal systems can provide safe, long-
       term, disposal of wastewater. In addition, the Borough will coordinate with
       State agencies to develop urban runoff control measures with the intent of
       identifying needed improvements to existing runoff control structures. Runoff
       control structures may include catch basins, oil and grit separators.

12.2A Site Planning (Administrative Policy)

       The Borough may apply appropriate buffers, structural setbacks, or other
       development standards for proposed activities that may negatively impact
       crucial habitat areas.

12.3A Coordination (Administrative Policy)

       The Borough should work with the State and Federal agencies to minimize
       impacts to air and water quality from cruise ships at Hubbard Glacier.


Historical and Archeological Resources Policies

13.1   Protection for Cultural Resources

       Prior to the development of a subject use, the developer, in consultation with
       the City and Borough of Yakutat coastal coordinator and the State Historic
       Preservation Officer (SHPO), shall do the following:

       1.    To determine if any known resources are located within a project area,
             review local, state, and federal inventories.




                                       20                            Effective Date: 5/13/1999
     2.    Submit the discovered resource findings to the SHPO for a
           determination of “significance, as defined by the requirements of the
           National Register of Historic Places.

     3.    Resources found to be significant shall be protected to the extent
           feasible and prudent. Based on an assessment of the potential impacts
           to the cultural resource, subject uses shall be planned, developed,
           operated, and maintained to avoid significant adverse impacts to known
           significant cultural resources. Where it is not feasible and prudent for
           subject uses to avoid significant adverse impacts to significant cultural
           resources, the subject use shall require mitigation to minimize the
           impacts.

13.2 Resources Discovered During Development

     If any cultural resources are discovered during development of subject uses, the
     operator shall immediately cease all activities that may impact the cultural
     resources, contact the SHPO, and protect the site pending compliance with the
     SHPO requirements. The Yak-Tat Kwaan, Inc. and the Yakutat Tlingit Tribe
     shall be notified of the discovery.

13.3 Required Coordination

     Any evaluation, survey of resources, determination of significance, or
     mitigation shall be coordinated with the reviewing agency, the SHPO, other
     appropriate state and federal agencies, the Borough, the Yak-Tat Kwaan, Inc.,
     the Yakutat Tlingit Tribe, the Chugach Alaska Corporation, the Chugach
     Heritage Foundation, other private groups, and professionals in the field.

13.1A Determination of Lands with a High Potential to Contain Cultural
      Resources (Administrative Policy)

     The SHPO, other appropriate offices, and the Borough, should work
     cooperatively with the Yak-Tat Kwaan, Inc., the Chugach Alaska Corporation,
     the Chugach Heritage Foundation, the Yakutat Tlingit Tribe, and landowners,
     to identify areas in the Borough that have a high potential to contain important
     cultural resources.




                                     21                           Effective Date: 5/13/1999
13.2A Research and Planning (Administrative Policy)

       The Borough should work cooperatively with representatives from the Yakutat
       Tribe, Yak-Tat Kwaan, regional corporation, the Chugach Alaska Corporation,
       the Chugach Heritage Foundation, and state and federal agencies to encourage
       further archaeological and historical research, inventory, documentation, and
       preservation activities for sites in the Borough.

13.3A Removal of Artifacts (Administrative Policy)

       Archaeological and historical artifacts on lands within the Borough should not
       be removed without permission from SHPO and the surface and subsurface
       landowners.


The CBY has designated three special policy areas (Shipyard Cove, Ophir Creek Corridor, and
Ankau Lagoon System) and has developed policies to guide development of subject uses and activities
in each area.

2.14 Special Area 1: Shipyard Cove

14.1   Priority Uses

       Subject uses in Shipyard Cove shall be sited, designed, constructed, and
       operated in such a way as to not preclude or cause significant adverse impact to
       the future development of small boat harbors, developed recreation facilities on
       the adjacent peninsula, and mariculture activities.

14.2 Mariculture Operations (Aquatic Farms)

       To the extent feasible and prudent, mariculture operations shall be sited to
       minimize significant adverse impacts to eelgrass beds, seaweed harvest areas,
       shellfish concentration areas (as identified by the ADFG Alaska Habitat
       Management Guides or determined by ADFG), and fish and wildlife and their
       habitat.

14.1A Agency Coordination and Planning (Administrative Policy)

       The Borough should work with state and federal agencies to develop guidelines
       for the location and design of mixed use activities in the Shipyard Cove area.
                                             22                               Effective Date: 5/13/1999
2.15 Special Area 2: Ophir Creek Corridor

15.1   Subject Uses

       Subject uses within 500 feet of mean high water of Ophir Creek shall be sited,
       designed, constructed, operated and maintained so as to result in no net
       increase in storm water discharge or erosion from pre-development conditions.
       Trails may be considered for placement within the 500-foot buffer provided
       they result in no net increase in storm water discharge or erosion from pre-
       development conditions.

15.2 Groundwater Protection

       a.    The applicant shall demonstrate to the reviewing agencies and borough
             that water and wastewater systems shall be sited, designed, constructed,
             operated, and maintained to not cause drawdown of groundwater which
             could reduce flows in Ophir Creek.

       b.    Water and wastewater systems shall be sited, designed, constructed, and
             operated to not pollute groundwater supplies to Ophir Creek.

15.1A Agency Coordination and Planning (Administrative Policy)

       The Borough should work with state and federal agencies to develop guidelines
       for the location and design of activities along the Ophir Creek Corridor.


2.16 Special Area 3: Ankau Lagoon System

16.1   Priority Uses

       Subject uses in the Ankau Lagoon System Special Policy Area that are designed
       to maintain fisheries habitat, enhance subsistence harvest fisheries, and provide
       for dispersed recreation such as wildlife viewing and boating shall be given
       highest priority. Subject uses that will have a significant adverse impact on fish
       spawning, migration, rearing, or overwintering areas shall not be allowed.




                                        23                            Effective Date: 5/13/1999
16.2 Development Setback

     Subject uses, other than subsistence uses and activities, subject to the Alaska
     Forest Resources and Practices Act and regulations, within 500 feet of the
     mean high water mark of the lagoon shall be sited, designed, constructed,
     operated, and maintained so as to result in no net increase in storm water
     discharge or erosion from pre-development conditions.

16.3 Mariculture Operations (Aquatic Farms)

     To the extent feasible and prudent, subject uses shall be sited to minimize
     significant adverse impacts to eelgrass beds, seaweed harvest areas, shellfish
     concentration areas (as identified by the ADFG Alaska Habitat Management
     Guides or determined by ADFG), and fish and wildlife and their habitat.

16.1A Agency Coordination and Planning (Administrative Policy)

     The Borough should work with state and federal agencies to develop guidelines
     for the location and design of activities along the Ankau Lagoon System.




                                      24                           Effective Date: 5/13/1999
                      Yakutat Coastal Management Program
                           Coastal Management Plan
                                   Definitions


The definitions in this section apply throughout the CBY CMP, unless an alternative
or contrary meaning is expressly provided. Any word or term not defined below or
otherwise defined herein shall be used as it is defined in AS 41.17.950, 6 AAC 50.190,
6 AAC 80.900, or 6 AAC 85.900, if it is defined therein, and, if not, with the meaning
of common or standard usage as determined by a current edition of Webster’s
Unabridged Dictionary. Included are descriptions of mapped areas.

Access - A way or means of approach. Includes transportation, trails, easements,
rights-of-way, and public use sites.

Active Banks and Shores - Banks or shores subject to water action which are prone
to erosion, sloughing, or other movement due to a number of factors including active
stream channels, wave action, steep slopes, poor soil cohesion etc. Often the water
activity exposes boulders and loose rock. Removal of such rock can destabilize the
bank and accelerate erosion.

Active Channel, Active Stream Channel - A stream, river, or other watercourse
where water is flowing or which flows intermittently but regularly.

ACMP - Alaska Coastal Management Program.

ADEC - Alaska Department of Environmental Conservation.

ADFG - Alaska Department of Fish and Game.

ADNR - Alaska Department of Natural Resources.

ANILCA - Alaska National Interest Lands Conservation Act.

Area Meriting Special Attention (AMSA) - A delineated geographic area within the
coastal area that is sensitive to change or alteration, and which, because of plans or
commitments or because a claim on the resources within the area delineated would
preclude subsequent use of the resources to a conflicting or incompatible use,
warrants special management attention, or which because of its value to the general
public, should be identified for current or future planning, protection, or acquisition.
Potential areas meriting special attention have not been designated. Potential AMSAs
                                       25                           Effective Date: 5/13/1999
that have been identified for further discussion are listed in the Appendix to this
document.

Avoid - To prevent from occurring or to keep away from.

Barrier Islands and Lagoons - Coastal environments formed by deposits of
sediment offshore or coastal remnants which form a barrier of low-lying islands and
bars protecting a saltwater lagoon with free exchange of water to the sea (6 AAC
80.090(1)). Barrier island and lagoon habitat is mapped on the "Yakutat Coastal Zone
Habitats Map" contained in the pocket to this document.

Beaches - The area affected by wave action directly from the sea.

Bear Habitat - Bear habitat is mapped on the "Upland Large Mammal Habitat" for
the Borough's Comprehensive Development Plan, and in the "Yakataga Area Plan,
Fish and Wildlife Atlas" on the "Upland Large Mammal Habitat" map (ADFG 1993).

Boundary - The extent of the area subject to the CBY's district program.

Buffer - An area of land located between two activities or resources that is used to
reduce the effect of one activity upon another.

Coastal Area - All land and water within the boundaries of the CBY's coastal
management program as defined in Chapter 5.0 Boundary.

Coastal Consistency Process, "Consistency Review" - The evaluation of a
proposed project against the standards adopted by the Alaska Coastal Policy Council
under AS 46.040 and the CBY Assembly under Chapter 2.0 of this document.

Coastal District - A governmental entity with jurisdiction within an area defined by a
coastal boundary. A proposed project within such an area may impact coastal
resources. (Coastal districts are defined in AS46.40.210(2)).

Coastal Management Program - The Alaska Coastal Management Program
(ACMP) is established by AS 46.40, 6 AAC 80, and 6 AAC 85, and approved by the
Secretary of the United States Department of Commerce under authority of Section
305 of the Coastal Zone Management Act of 1972, (16 U.S.C. p. 1454). The coastal
management program for the CBY is a district program authorized under this
legislation.


                                      26                            Effective Date: 5/13/1999
Coastal Habitat - Any of the habitats listed under 6 AAC 80.130 including offshore
areas, estuaries, wetlands and tideflats, rocky islands and seacliffs, barrier islands and
lagoons, exposed high-energy coasts, rivers, streams, and lakes, and important upland
habitat. Coastal habitats are mapped on the "Yakutat Coastal Zone Habitats Map"
contained in the pocket to this document. In addition, reviewers should refer to maps
showing habitat for specific fish and wildlife species located in the "Yakataga Area
Plan, Fish and Wildlife Atlas" (ADFG 1993)

Coastal Water - All water bodies in the coastal area, including wetlands and the
intertidal area.

Coastal Zone - See "boundary" and "coastal area."

Comprehensive Development Plan - The "CBY Comprehensive Development
Plan." The comprehensive plan includes the goals, objectives, and actions which
guide development within the Borough.

Commercial Development - Structures, activities, or uses that do not typically
generate a lot of traffic, noise, or air emissions, and includes, but is not limited to
development, such as a cafe, store, city office, eating and drinking establishment,
lodges, federal office, airport support, and other services.

Consistency - Consistency means compliance with the standards of the ACMP and
the enforceable policies of the approved CBY Coastal Management Program.

Consistent to the maximum extent practicable - Federal government activities or
uses, including development projects affecting the coastal zone of Alaska, must be
fully consistent with the standards of the ACMP unless compliance would violate
another federal law (15 CFR 930.32. (a)).

Cultural Resources - Historic, prehistoric, and archaeological resources including
deposits, structures, ruins, sites, buildings, graves, artifacts, fossils, or other objects of
antiquity that provide information pertaining to the culture of people and to natural
history.

Cumulative Impact - An impact on the environment which results from the
incremental impact of an action when added to other past, present, and reasonably
foreseeable future actions regardless of what entity or person undertakes such other
actions. Cumulative impacts can result from individually minor but collectively
significant actions taking place over a period of time.

                                          27                             Effective Date: 5/13/1999
CZMA - Refers to the federal Coastal Zone Management Act of 1971

Development - See “subject uses.”

Ecotourism - Short for ecological tourism, ecotourism is defined as environmentally
responsible travel. Ecotourism relies on a nonconsumptive use of natural resources.
Examples include sightseeing, hiking, camping, and backcountry activities, structured
around learning about the local human and natural environment.

Enforceable Policy - State policies that are legally binding through constitutional
provisions, laws, regulations, land use plans, ordinances, or judicial or administrative
decisions, by which a State exerts control over private and public land and water uses.

Enhance - To convey an increased value, however caused or arising. For example,
activities authorized by the ADFG may improve fish or moose habitat thereby
enhancing the habitat.

Estuary - A semi-closed coastal body of water which has a free connection with the
sea and within which seawater is measurably diluted with freshwater derived from
land drainage. Estuary habitat is mapped on the "Yakutat Coastal Zone Habitats
Map" contained in the pocket to this document.

Exposed High-energy Coasts - Open and unprotected sections of coastline with
exposure to ocean generated wave impacts and usually characterized by coarse sand,
gravel, boulder beaches, and well-mixed coastal water. Exposed high-energy coasts
habitat is mapped on the "Yakutat Coastal Zone Habitats Map" contained in the
pocket to this document.

Facilities related to commercial fishing or seafood processing - Includes
hatcheries and related facilities, seafood processing plants and support facilities,
marine industrial and commercial facilities, and aquatic farm facilities.

Fish and Wildlife Habitat - See coastal habitat.

Fisheries, fish habitat, fisheries habitat - Fisheries habitat is mapped on the "Fish
and Shellfish Habitat Map" (done for the "CBY Comprehensive Development Plan"),
and found on the "Yakataga Area Plan, Fish and Wildlife Atlas".

Floating Development - Floating development is any human built structure or
physical construction which is to float at a fixed point. Floating facilities typically
have stops which serve to keep the floats off the bottom of tidelands at low tide.
                                       28                           Effective Date: 5/13/1999
Examples include floathomes, floating residential facilities, floatcamps, floating
caretaker facilities, and floatlodges. For additional descriptions of these examples,
refer to the ADNR Yakataga Area Plan.

Flood Areas - Analysis of rainfall or the watershed, topography of the land, storm
records, and local judgment may be used to determine the extent of the flood area.

Geese Habitat - Goose molting habitat is mapped on the "Marine Mammal and
Waterfowl Habitat" in the "CBY Comprehensive Development Plan" and in the
“Yakataga Area Plan, Fish and Wildlife Atlas” (ADFG 1993).

Geophysical Hazard Areas - Those areas which present a threat to life or property
from geophysical or geological hazards, including flooding, tsunami run-up, storm
surge run-up, landslides, snowslides, faults, ice hazards, erosion, wind, and littoral
beach processes.

Goal - A statement of a general condition desired in the long-term.

Haulouts - Locations where concentrations of seals or sea lions have been observed
hauled out on shore, during more than one year, to breed, pup, rest, or molt.
Haulouts are indicated on the "Marine Mammal and Waterfowl Habitat" in the "CBY
Comprehensive Development Plan" and in the "Yakataga Area Plan, Fish and Wildlife
Atlas" (ADFG 1993).

Hazardous Substances - Hazardous substances are defined under AS 46.03.826(5)
as (a) an element or compound which, when it enters the atmosphere, water, or land,
presents an imminent and substantial danger to the public health or welfare; (b) oil; (c)
a substance defined as a hazardous substance under 42 U.S.C. 9601(14)

Historical and Archeological Resources - See cultural resources.

Including - Means "including but not limited to."

Industrial Facilities or Industrial Development - Activities or uses which include
but are not limited to the processing of raw materials, manufacturing, storage, or
wholesale distribution. Industrial uses typically include contractors, equipment sales,
machine shops, and manufacturing uses that may generate noise, dust, odor, smoke or
fumes.

Intertidal Areas or Tidal Areas - Areas subject to periodic or occasional inundation
by tides, including coastal floodplains, storm surge areas, tsunami and hurricane
                                        29                            Effective Date: 5/13/1999
zones, and washover channels. Tideflat habitat is mapped on the "Yakutat Coastal
Zone Habitats Map" contained in the pocket to this document.

Islands - Bodies of land surrounded by water on all sides; "Barrier island" and
"Rocky island habitat is mapped on the "Yakutat Coastal Zone Habitats Map"
contained in the pocket to this document.

Major Energy Facility - Includes marine service bases and storage depots, pipelines
and rights-of-way, drilling rigs and platforms, petroleum and coal separation facilities,
liquid natural gas plants, port development for the transfer of energy products,
petrochemical plants, refineries, hydroelectric projects, electric generating plants,
transmission lines, nuclear fuel processing facilities, and geothermal facilities.

Mariculture - The saltwater cultivation and culture of marine aquatic organisms,
including but not limited to fish, shellfish, mollusks, crustaceans, kelp, and other algae,
or any activities that meet the definition of aquatic farming in AS 6.40.199.
Mariculture is considered a use subject to seafood processing policies.

Marine Coastal Water or Marine Water - Water adjacent to shorelines which
contain a measurable quantity of seawater, including sounds, bays, lagoons, bayous,
ponds and estuaries, and the living resources which are dependent on these bodies of
water;

Maximum Extent Practicable - See "consistency to the maximum extent
practicable".

Mean High Water - The tidal datum plane of the average of all the high tides, as
would be established by the National Geodetic Survey at any place subject to tidal
influence.

Mean Low Water - The tidal datum plane of the average of all the low tides, as
would be established by the National Geodetic Survey at any place subject to tidal
influence.

Mean Lower Low Water - The average of the lower of the two daily low tides
observed over a given period of time.

Minimize - To reduce to the smallest possible amount, size, extent, or degree
through mitigation, or other appropriate measures.


                                         30                            Effective Date: 5/13/1999
Mining and Mineral Processing - The development of mineral resources extracted
in tidal rivers, coastal water, and on continental shelves of the open sea, and found in
surface, subsurface, and aqueous deposits; mining includes any structure or activity for
commercial exploration and recovery of minerals, including, but not limited to
resource transfer facilities, camps, and other support facilities associated with mineral
development.

Moose Wintering Areas - Moose wintering areas are mapped on the "Upland Large
Mammal Habitat" map for the Borough's Comprehensive Development Plan, and in
the "Yakataga Area Plan, Fish and Wildlife Atlas" on the "Upland Large Mammal
Habitat" map (ADFG 1993).

Mountain Goat Winter Habitat - Mountain goat winter habitat is mapped on the
"Upland Large Mammal Habitat" for the Borough's Comprehensive Development
Plan, and in the "Yakataga Area Plan, Fish and Wildlife Atlas" on the "Upland Large
Mammal Habitat" map (ADFG 1993).

Navigable Water - Waterbodies that are capable of transporting people or goods.
Navigable Water means any waters of the state forming a river, stream, or lake. The
land beneath these waters is owned by the state. These waterbodies extend to the
ordinary high water mark (usually the vegetation line). Federal or state determined
navigable waterbodies are those administratively determined navigable by the
appropriate agency.

NEPA - National Environmental Policy Act.

NPS - National Park Service.

Offshore Areas - Submerged lands and waters seaward of the coastline. Offshore
area habitats are described in Section 3.1.3 and are mapped on the "Yakutat Coastal
Zone Habitats Map" contained in the pocket to this document. Maps showing
habitat for specific fish and wildlife species are also located in the "Yakataga Area
Plan, Fish and Wildlife Atlas" (ADFG 1993).

Ordinary High Water - The mark along the bank or shore up to which the presence
and action of the nontidal water are so common and usual as to leave a natural line
impressed on the bank or shore as indicated by changes in soil characteristics,
vegetation, or other distinctive physical features.

Permit - An authorization for completion of a project or a discrete phase of a project.

                                        31                           Effective Date: 5/13/1999
Policy - See “enforceable policy”.

Project - An activity or use which will be located in or may affect the coastal zone of
the CBY and which is subject to consistency review under sec. 307 of the Coastal
Zone Management Act of 1979, as amended (16 U.S.C. 5 1456), or which requires the
issuance of one or more state permits. When a land or water activity is developed or
authorized in discrete phases, and each phase requires agency decisions regarding
permits, each phase is considered a "project".

Protect - To avoid significant adverse impacts.

Public Facilities, Public Services - Facilities or services that are financed, in whole
or in part, by any state or political subdivision of the state, including highways and
roads, parking, mass transit, docks, navigation aids, fire and police protection, water
supply, waste collection and treatment (including drainage), schools and education,
and hospitals and health care.

PSP - Paralytic shellfish poisoning.

Recreation Areas, Recreational Use Areas - Areas where recreation is an important
and acceptable use, and are mapped or identified in the Yakataga Area Plan (1995),
the Tongass Land Management Plan (1997), the Glacier Bay National Park Plan
(1984), or the Wrangell-Saint Elias National Park Plan (1986)

Recreational Development - Any structure or human induced landscape
modification for recreational purposes including hiking rails, camping areas, boating
improvements, anchorages, or access points.

Residential Development - Structures or uses of property that are predominantly
intended for human habitation, including but not limited to, single family dwellings,
duplexes, multi-family dwellings, and their accessory structures.

Resource Agency - The Alaska Department of Environmental Conservation, the
Alaska Department of Fish and Game, the Alaska Department of Natural Resources,
the Environmental Protection Agency, the USDA Forest Service, the National Park
Service, or the U.S. Fish and Wildlife Service.

Resource Development - Any human caused modification to the environment for
the purposes of extracting natural resources, including for example, timber harvesting,
gravel and mining, oil and gas development, commercial fishing, mariculture

                                       32                          Effective Date: 5/13/1999
operations, and associated structures, activities, uses or facilities in support of the
development including roads, structures, or landscape modifications.

Rocky Islands and Seacliffs - Islands of volcanic or tectonic origin with rocky
shores and steep faces, offshore rocks, capes and steep rocky seafronts. Rocky island
and seacliff habitat is mapped on the "Yakutat Coastal Zone Habitats Map" contained
in the pocket to this document.

Sand and Gravel Priority Areas - Establishes the priority of landforms from which
materials shall be extracted. Materials include but are not limited to common varieties
of sand, gravel, rock, peat, pumice, pumicite, cinders, clay, and sod.

Seafood Processing - Activities related to the preparation of seafood for commercial
markets, including cleaning, canning, freezing, packing, storing, shipping, growing
(mariculture), and disposing of wastes.

Service Area - The area designated in the CBY Comprehensive Development plan, in
which public services are intended to be provided.

Shall - A course of action or set of conditions that must be met; mandatory.

Should - The intent for a course of action or set of conditions to be achieved; not
mandatory.

Significant (Adverse) Impact - A substantial, measurable, and relevant change or
alteration in the natural, cultural, or economic characteristics of a coastal resource
which contributes to a net adverse effect on the quality of resources; limits the
alternative uses of resources; constitutes a tolerable change to resources but which
cumulatively has an adverse effect.

State Standards - The standards for use of and application by districts and state
agencies contained in 6 AAC 80.010, and as amended for carrying out their
responsibilities under the ACMP. State standards, as of this printing, are listed in
Chapter 2.0 and Appendix 1.

Subject Uses - 1) a use within a district’s coastal zone, or which may have direct and
significant impact on resources within the district’s coastal zone, which require one or
more local, state or federal approvals, and which are subject to individual project
review under 6 AAC 50, or a local consistency review, 2) certain disposals of state
resources within a district’s coastal zone or which may have direct and significant
impacts on resources within the district’s coastal zone, or 3) uses and activities on
                                       33                           Effective Date: 5/13/1999
federal lands which affect the coastal resources within the district’s coastal zone.
Subject uses must be found consistent with the standards of the ACMP and the
district coastal management program.

Subsistence Use Areas - Areas where subsistence harvest activities are an important
use for the residents of the Borough, and are mapped or identified in the Yakataga
Area Plan (1995) as intensive "Community Harvest" areas.

Subsistence Uses or Activities - The customary and traditional uses of wild,
renewable resources for direct personal or family consumption as food, shelter, fuel,
clothing, tools, or transportation; for the making and selling of handicraft articles out
of nonedible byproducts of fish and wildlife resources taken for personal or family
consumption; for barter, or sharing; and for customary trade. Subsistence uses
include modes of transportation.

Tideflats or Tidelands - Mostly unvegetated areas that are alternately exposed and
inundated by the falling and rising of the tide. Tidelands are delineated by the mean
high water. Tideflat habitat is mapped on the "Yakutat Coastal Zone Habitats Map"
contained in the pocket to this document.

Transportation and Utilities Facilities - Power transmission lines, mineral slurry
lines, oil and gas pipelines, land and marine corridors, railways, highways, roadways,
air terminals, water and sewage transport including facilities required to operate and
maintain the route or facility.

Trumpeter Swan Habitat - Is mapped on the "Marine Mammal and Waterfowl
Habitat" map done for the "CBY Comprehensive Development Plan."

Upland - Drainages, aquifers, and land, the use of which would have a direct and
significant impact on coastal water. Upland areas are located above the mean high
water line. Upland habitat is mapped on the "Yakutat Coastal Zone Habitats Map"
contained in the pocket to this document. Specific maps showing important areas for
certain upland mammal species are also located in the "Yakataga Area Plan, Fish and
Wildlife Atlas" (ADFG 1993) under the names, "Upland Large Mammal Habitat,"
"Documented Furbearer Habitat," "Waterfowl, Seabird, Swan, and Eagle Habitat."

Uses of State Concern - Has the same meaning as in AS 46.40.210(6).

USFS - U.S. Forest Service.

USFWS - U.S. Fish and Wildlife Service.
                                        34                           Effective Date: 5/13/1999
Waterbird Habitat - Waterbird habitat is mapped on the "Marine Mammal and
Waterfowl Habitat" done for the "CBY Comprehensive Development Plan."

Water-dependent - A use or activity which can be carried out only on, in, or adjacent
to water areas because the use requires access to the water body.

Waterfront – An area along the beach one lot deep, or 200 feet deep, whichever is
less.

Water-related - A use or activity which is not directly dependent upon access to a
water body, but which provides goods or services that are directly associated with
water-dependence and which, if not located adjacent to water, would result in a public
loss of quality in the goods or services offered.

Wetlands - Wetlands are transitional areas between open water and upland
environments. They exhibit the influence of water through vegetation, wildlife, soil,
or other indicators. Wetlands include a wide variety of ponds, salt marshes, flood
areas, peatlands, swamps, and riparian areas.

Wildlife Migration Corridors - Natural corridors used by wildlife to traverse
between habitats, resting areas, or food sources, including but not limited to, ridges,
streams, vegetated corridors, gullies, and game trails.




                                       35                          Effective Date: 5/13/1999
                      Yakutat Coastal Management Program
                           Coastal Management Plan
                                   Boundaries


The coastal zone boundary defines the area that is subject to the Yakutat coastal
management plan. The plan applies to land and water uses and activities within the
Yakutat coastal zone (see boundary map). Subject uses within the coastal zone will be
reviewed by the CBY and state agencies for consistency with the enforceable policies
of the plan. Uses and activities outside the coastal zone boundary are subject to
Yakutat and Alaska Coastal Management Program (ACMP) policies only if there will
be a significant effect on resources located within the boundary.

The boundaries of the Yakutat Coastal Management District are the initial Borough
incorporation boundaries (east of the 141st meridian). The annex portion of the
borough, west of the 141st meridian, is excluded from the boundary at this time. That
portion of the borough will be dealt with under a future amendment to the program.
The coastal zone boundary consists of the “seaward” and the “inland” coastal zone
boundaries.

The “seaward” coastal zone boundary for the Yakutat Coastal Management District is
the “outer limit of the United States territorial sea,” which is the “three geographical
mile line.”

The “inland” coastal zone boundary for the Yakutat Coastal Management District
includes all islands and the lands and waters within: (1) the timberline of the coastal
Sitka spruce and hemlock forest, (2) slopes contiguous with marine waters where mass
wasting is evident or likely to occur, and (3) unvegetated areas left by receding glaciers
where the coastal forest is likely to invade.

Lands subject to exclusive jurisdiction of the federal government such as parks,
refuges, and national forests are excluded from the boundary. The actions of federal
agencies and activities authorized by those agencies that may have a spill over impact
on the coastal zone are required to be consistent to the “maximum extent practicable”
with the Yakutat coastal management plan.




                                        36                            Effective Date: 5/13/1999

								
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