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=csZh54Vu8 on or before the public notice expiration date listed above.
Applicant: Three Bears Alaska, David Weisz, 7362 W. Parks Hwy #814 Wasilla, AK 99623; (907) 357-4311; david@threebears.store.
Agent: SDCS, LLC, Dan Steiner, 5900 W. Dewberry Dr. Wasilla, AK 99623; (907) 357-5609; dsteiner@mtaonlie.net.
Project Name: Three Bears - Cooper Landing
Location: The proposed activity is located within Section 25 and 36, T. 5N, R. 3W; Seward Meridian; in Kenai Peninsula Borough, Alaska. Project Site (Latitude, Longitude): 60.48789, -149.71736.
Purpose: The applicant’s stated purpose is to finish a development for Three Bears Alaska company. The site will include fuel pumps, a convenience store, a laundromat, campground, RV park, and rental cabins. It will generate seasonal jobs for residents.
Project Description: This public notice is part of an After-the-Fact DA permit application. Some work has already been completed. Completed work includes the clearing and grubbing of 7.6 acres of jurisdictional wetlands as well as the uplands within the project area.
This site is being developed into a retail / campground space. The site will include fuel pumps, convenience store, laundromat, campground, rv park, and rental cabins. The site will be served by an on-site water system and septic system. Both systems will be approved by ADEC before and after construction. Portions of the site will have paved or gravel travel surfaces. Areas that are not used for travel or parking will be landscaped.
As part of the development the applicant proposes the discharge of 24,000 cubic yards of sandy gravel soil, 500 cubic yards of topsoil, and 400 cubic yards of asphalt into the previously cleared 7.6 acres of wetlands and additional upland areas. Any unusable soil will be buried or removed from the site. As needed, usable pit-run (sandy gravel) will be imported to bring the site to grade. The site will be graded to maintain overall drainage patterns. Test Holes have already been excavated.
Additional Information: A driveway permit for this project is currently pending with Alaska Department of Transportation and the Kenai Peninsula Borough.
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. The applicant has also agreed to install educational signage with information pertaining to the local ecosystem. The applicant does not propose any additional compensatory mitigation.
- Avoidance: The entire site, except for access points will be surrounded by a vegetative buffer. A Storm Water Pollution Prevention Plan (SWPPP) will be instated as part of the construction. There is a stream on the northeast side of the property. A 50 foot conservation easement exists there, and none of that area will be disturbed.
- Minimization: The applicant was previously unaware of wetlands on-site before clearing and grubbing and so minimization was not proposed.
- Compensatory Mitigation: No compensatory mitigation is currently proposed.
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.