Notice of Application for State Water Quality Certification

PN Reference Number: POA-1938-00006 v1.0
Waterway: Orca Inlet

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=QrZDaJ7K8 on or before the public notice expiration date listed above.

Applicant:  
City of Cordova, Sam Greenwood, 602 Railroad Ave Cordova, AK 99574; 907-424-6231; publicworks@cityofcordova.net.

Agent: 
Solstice Alaska Consulting, Inc., Natalie Kiley-Bergen, 2607 Fairbanks St., Suite B, Anchorage, AK 99503; 907-929-5960; natalie@solsticeak.com.

Project Name: 
Cordova Harbor Rebuild Project

Location: 
The proposed activity is located within Section 28, T. 15S, R. 3W; Copper River Meridian; in Valdez-Cordova Census Area, Alaska. Project Site (Latitude, Longitude):  60.54361, -145.76206. With potential discharge of Down-the-hole drill cuttings discharged from pile driving at -145.8, 60.5. 

Purpose: 
The purpose of the proposed project is to improve the Cordova Harbor and return it to a state of good repair. The project is needed to offer safe vessel mooring and better accommodate the current and future commercial fishing industry and associated freight to protect the local economy. 

Project Description: 
The city proposes to remove all five concrete main walk floats and associated piles, all three timber trestles and associated piles, and the concrete seaplane float and associated piles from the southern portion of the harbor which were constructed in 1983 with an anticipated service life of 25 years. After removal of this harbor infrastructure, the City proposes to construct five main walk floats each with an end float and numerous stall floats arranged in two complexes, two 8-foot-wide main walk floats connecting the main walk floats and gangways, two 6- foot-wide by 80-foot-long Americans with Disabilities Act (ADA) compliant pedestrian gangways, one of which connects to a 16-foot by 32-foot gangway float, and the other connects to a 16-foot by 20-foot gangway float. The gangway floats are connected to the main float complexes and accessed by a fixed dock, a 15-foot by 125-foot drive-down transfer bridge leading to an 80-foot by 80-foot drive-down float with mounted hydraulic cranes, sewer pump out station, potable water, electrical connections, access to the eastward float complex, float components such as bull rail, floating fenders, mooring cleats, electricity connections, potable water service, fire suppression waterlines, wireless connections, lighting, and handrails, approximately 1,150 linear feet of bulkhead wall supported by H-piles, and steel piles to support floats and access ramp infrastructure. This work includes the placement of 225 permanent piles below the high tide line and 66 temporary piles. Work occurring outside of waters of the United States includes a service area with a parking area expansion (adding 81 parking spaces), a walkway connecting the Fisherman’s Memorial with the Veterans Memorial (to remain in the same location), greenspace, and stormwater treatment capabilities to include an oil water grit separator.

The proposed project involves discharge of 183 cubic yards of drill cuttings into 0.009-acres below the high tide line of Orca Inlet, and the construction and placement of structures below the mean high-water mark of Orca Inlet requiring permits pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The project also proposes structures which will occupy the Federal entrance/maneuvering channel as well as the silt barrier of Cordova Harbor, requiring review under Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408), hereafter referred to as Section 408.

The proposed project would remove the following existing components from the South Harbor and these components would not be reused or repurposed as a part of this project: 
• All (5) concrete main walk floats and associated creosote-treated timber piles and steel piles that access 506 boat slips.
• All (3) timber trestles and associated piles attached to steel gangways that connect to the main walk floats.
• Concrete seaplane float and associated piles
• Approximately 10,000 cubic yards of material from above HTL on the south side of the harbor through excavating 

The proposed project would add the following within the South Harbor: 
• Two (2) 6- foot-wide by 80-foot-long ADA-compliant pedestrian gangways with 28-foot by 15-foot gangway floats connected to the main float complexes and accessed by a trestle (south access) or fixed dock (north access).
• Five (5) main walk floats (G, H, I, J, K floats) each with an end float and numerous stall floats arranged in two complexes.
• G main float: 8-foot by 1,000-foot
• H main float: 8-foot by 1,094-foot
• I main float: 8-foot by 1,035-foot
• J main float: 8-foot by 952-foot
• K main float: 8-foot by 884-foot
• A total of 450 slips of the following sizes:
4-foot by 32-foot (188 total)
4-foot by 40-foot (96 total)
5-foot by 50-foot (86 total)
6-foot by 60-foot (76 total)
• Two (2) 8-foot-wide main walk floats connecting the main walk floats and gangways (N [419-foot-long] and N’ [119-foot-long] floats)
• A fixed dock leading to a 15-foot by 125-foot drive-down transfer bridge leading to an 80-foot by 80-foot drive-down dock with 5-ton mounted hydraulic cranes (2), sewer pump out station, potable water, electrical connections, and access to the eastward float complex.
• Other float components such as bull rail, floating fenders, mooring cleats, electricity connections, potable water service, fire suppression waterlines, wireless connections, lighting, and handrails.
• Uplands service area with a parking area expansion (adding 81 parking spaces), a walkway connecting the Fisherman’s Memorial with the Veterans Memorial (to remain in the same location), greenspace, and stormwater treatment capabilities to include an oil water grit separator (note: all upland components would be installed out of the water).
• Steel piles to support floats and access ramp infrastructure. 
• Approximately 1,150 linear feet of bulkhead wall supported by H-piles. 

Additional Information: 
Other authorizations needed as identified by the applicant include Incidental Harassment Authorizations from the National Marine Fisheries Service and the U.S. Fish and Wildlife Service. The applicant states that they plan to pursue phase two of the Cordova Harbor Rebuild, North Harbor, a separate and complete project from phase one, South Harbor, but have not secured funding and do not have a projected start date for that phase.

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 entire project footprint is within the previously developed harbor area. Complete avoidance is not possible to meet the purpose and need of the project.
b. Minimization: To meet the project purpose and need, construction must occur within WOTUS (waters of the United States). The project will use the most compact design practicable (with the least number of piles and smallest size of piles) to minimize impacts to WOTUS. No discharge into marine waters is expected for this project beyond a small amount of drill cuttings during down the hole (DTH) drilling.
c. Compensatory Mitigation: Given that the project footprint is within the existing developed harbor and associated waterfront area, the proposed project is not expected to have significant impacts, and compensatory mitigation is not proposed by the applicant.

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.