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Sadie Creek Sand and Gravel, Kotzebue Sound Notice of Application for State Water Quality Certification

Notice of Application for State Water Quality Certification
PN Reference Number: POA-2020-00423 v1.0
Waterway: Kotzebue Sound

Any applicant for a federal license or permit to conduct an activity that might result in a discharge into navigable waters, in accordance with Section 401 of the Clean Water Act (CWA) of 1977 (PL95-217), also must apply for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will comply with the CWA, the Alaska Water Quality Standards, and other applicable State laws.
 
Notice is hereby given that a request for a CWA §401 Water Quality Certification of a Department of the Army Permit application, Corps of Engineers’ PN Reference Number indicated above has been received for the discharge of dredged and/or fill materials into waters of the United States (WOUS), including wetlands, as described below, and shown on the project figures/drawings. The public notice and related project figures/drawings are accessible from the DEC website at https://dec.alaska.gov/water/wastewater/.

To comment on the project or request for a public hearing with respect to water quality, submit comments electronically via the DEC public notice site at https://water.alaskadec.commentinput.com?id=r7GcVkRhZ  on or before the public notice expiration date listed above.

Applicant:
Owner, Kim Franklin, PO Box 776 Kotzebue, AK 99570; 907-412-1148; kimkim.franklin@gmail.com.

Agent:
MLP & Associates, Lindsey Kendall, 721 Depot Drive Anchorage, AK 99501; 907-885-0271; lindsey@mlpassociates.com.

Project Name: 
Sadie Creek Sand and Gravel, Kotzebue Sound

Location: 
The proposed activity is located within Section 4, T. 16 North, R. 18; Kateel River Meridian; in Northwest Arctic Borough, Alaska. Project Site (Latitude, Longitude):  66.81253, -162.55850.
 
Purpose: 
The purpose of this project is to stockpile sand and gravel materials for use in support of Alaska Department of Transportation & Public Facilities (ADOT&PF) roadway project Kotzebue to Cape Blossom Road - Stage 1, and future project Kotzebue to Cape Blossom Road - Stage 2. 

Project Description: 
The proposed project includes the extraction of sand and gravel materials from the tide line and submerged lands of the project site. Heavy machinery for material extraction will follow the tides between Mean Lower Low Water (MLLW) and MHW. Machinery will drive along the shoreline, removing material from the tidelands.  The extraction process will occur out of water, to the greatest extent practicable; however, material may be extracted from water in the submerged lands. 

Material extraction will occur from land. Machinery will drive along the shoreline, removing material from the tidelands, following the tides between Mean Lower Low Water (MLLW; 0.0 feet) and Mean High Water (MHW; 0.8 feet) when the water is not present. The extraction process will occur out of water, to the greatest extent practicable; however, material may be extracted from water in the submerged lands. An excavator may be positioned adjacent to the waterline with the arm extending 32 feet into the water, extracting material at 1-foot in depth. Increase turbidity may occur during in-water gravel extraction; however, a turbidity curtain may be placed around the extraction area to reduce suspended sediment. The extraction site is approximately 109.72 acres. Approximately 177,600 cubic yards of sand and gravel will be extracted from the material source. Material will be excavated in one of six cells, working one cell at a time. Extraction within each cell is anticipated to start on the southwest end of the cell working east and north. Each cell is approximately 18-acres containing approximately 29,600 cubic yards of aggregate material. 

Excavation will take place using bulldozers and excavators then hauled to the upland areas with articulated off-road dump trucks. Material will be hauled along the shoreline following the upland beach. The dump trucks will travel south along the shoreline, around the ponded area, and travel north to the stockpile area. The haul route is shown on Sheet 5 as the green dashed line. The sand and gravel will be stored in the stockpiles located in the uplands area a minimum of 50-feet away from Waters of the U.S. for later use. Stockpiles will be protected with a linear sediment barrier along the base of the downgradient perimeter areas of the stockpile. Best Management Practices or BMPs will be implemented to reduce non-point source runoff from the stockpiles.
 
It is anticipated that material extraction will occur from 2023 to 2026. Material extraction is estimated to begin each year in August and end in March the following year. Work will take place 12 hours per day, 7 days per week.  The applicant proposes to redistribute approximately 177,600 cubic yards of sand and gravel to equal 109.72 acres. 

During winter months an ice road will be established to haul the extracted sand and gravel material from the stockpile to the Cape Blossom Road project site.  The ice road has been permitted by another entity.

Special Area Designation: 
The proposed project is located within an area that is considered polar bear critical habitat.

Additional Information: 
According to the applicant Northwest Arctic Borough Title 9 approval was received October 21, 2021 (#112-03-22). The applicant has also provided the following alternatives they considered for the proposed project: Project alternatives, including no action, development of a gravel pit in Kotzebue, continued use of Nimiuk Point gravel pits, Iggy Hill material site, Sadie Creek upland beach berm, and the proposed project, were considered by the applicant considering site logistics, ADOT&PF construction requirements, noise pollution, and the overall project purpose. A description of the alternatives considered are as follows:

Alternative 1: No Action. 
The No Action alternative would not develop any of the site and leave it as it is currently undeveloped. This alternative provided no new source of sands and gravels or would generate construction jobs.

Alternative 2: Development of Gravel Pit in Kotzebue.
There are no known gravel sources in the City of Kotzebue that would meet ADOT&PF requirements for gradation and quality of fill materials. The applicant does not own any large parcels of land within the roadway network of Kotzebue for development. The cost to purchase the land and subsurface rights or royalties are additional costs to consider. Numerous wetlands and waterbodies are present in and around Kotzebue as well as ice rich permafrost. Noise and truck traffic from a gravel pit may be a disturbance for residential and commercial properties in the area. A site in Kotzebue would be easily accessible for workers and delivery of products to the ADOT&PF construction site.

Alternative 3: Continued Use of Nimiuk Point Gravel Pits.
There are privately owned gravel pits along Nimiuk Point, not owned by the applicant. Based on review of aerial imagery, these pits appear to be near the end of their lifespan with limited sands and gravels available. Purchasing these properties for continued development is not economically an option.

Alternative 4: Iggy Hill Material Site 
Iggy Hill Material site is located approximately 8-miles east of the City of Kotzebue. The material site was identified in the ADOT&PF Cape Blossom bid package. The site is an undeveloped 8.25 acre privately owned property, by Nana Corporation and Kikiktagruk, Inc. The site will require removal of 11- to 50-feet of ice-rich silt and overburden; development of a staging area for processing equipment and barge ramp; and permitting the site. An estimated 710,000 cubic yards of material is at the site. Winter mining was recommended by ADOT&PF due to ice-rich silt not being stable once thawed as well as the establishment of overland ice roads or sea ice haulage.

Alternative 5: Sadie Creek Upland Beach Berm
The site is located north of the mouth of Sadie creek on an undeveloped 158.90-acre property of which approximately 7.68 acres of land are available for sand and gravel extraction. Approximately 40,000 cubic yards of material is available at the site. There is insufficient material at the site to meet all the project needs. The applicant owns the property and subsurface rights. There are residential cabins adjacent to the site that could be impacted by equipment noise. There are no commercial developments in the area that would be impacted by equipment noise.

Alternative 6: New Sadie Creek Sand and Gravel Extraction (Proposed Development)
The proposed development requires the excavation of 109.72 acres of sands and gravels to a depth of approximately 1-foot. It is estimated that 177,600 cubic yards of material is present at the site. The project would create sands and gravels that meet ADOT&PF requirements. There are no residential or commercial developments in the area that would be impacted by equipment noise. Depending on long shore sediment transport, the site could be used each year for additional sand and gravel. The site is located near the beginning of the road project (City of Kotzebue) and the road terminus Cape Blossom (future port facility).

Applicant Proposed Mitigation: 
The applicant proposes the following mitigation measures to avoid, minimize, and compensate for impacts to waters of the United States from activities involving discharges of dredged or fill material.
a. Avoidance: The applicant states complete avoidance of waters of the United States is not practicable to accomplish the purpose and need of this project.
b. Minimization: The applicant states the dedicated haul route to the stockpile site will minimize additional impacts to Waters of the United States (shown on Sheet 5 as the green dashed line). The limits of extraction, work areas, stockpile areas, and access drive areas would be surveyed so the project footprint is not exceeded during extraction. Extraction will occur in one 18-acre cell at a time until all usable material is exhausted. The sand and gravel will be stockpiled in the uplands, a minimum of 50-feet away from Waters of the United States for later use (Sheet 5). Stockpiles will be protected with a linear sediment barrier along the base of the downgradient perimeter areas of the stockpile. Additional unspecified best management practices (BMPs) will be implemented to reduce non-point source runoff from the stockpiles. During winter months an ice road will be established to haul the extracted sand and gravel material from the stockpile to the Cape Blossom Road project site. All refuse, garbage, or debris created during activities would be removed and disposed of in an approved facility.
c. Compensatory Mitigation: The applicant proposes no mitigation.


After reviewing the application, the Department may certify there is reasonable assurance the activity, and any discharge that might result, will comply with the CWA, the Alaska Water Quality Standards, and other applicable State laws. The Department also may deny or waive certification.
The permit application and associated documents are available for review. For inquires or to request copies of the documents, contact dec-401cert@alaska.gov, or call 907-269-6285. 

Disability Reasonable Accommodation Notice
The State of Alaska, Department of Environmental Conservation complies with Title II of the Americans with Disabilities Act (ADA) of 1990. If you are a person with a disability who may need special accommodation in order to participate in this public process, please contact ADA Coordinator Megan Kohler at 907-269-4198 or TDD Relay Service 1-800-770-8973/TTY or dial 711 prior to the expiration date of this public notice to ensure that any necessary accommodations can be provided.
 

Attachments, History, Details

Attachments

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Revision History

Created 5/17/2023 11:51:54 AM by jrschlosser

Details

Department: Environmental Conservation
Category: Public Notices
Sub-Category:
Location(s): Kotzebue
Project/Regulation #:
 
Publish Date: 5/17/2023
Archive Date: 6/6/2023
 
Events/Deadlines: