Public Notice (PN) Date: October 2, 2023 PN Reference Number: POA-2012-00183-M3 v1.0
PN Expiration Date: October 23, 2023 Waterway: Middle Salt Lagoon
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=6pRKAc3ju on or before the public notice expiration date listed above.
Applicant: North Slope Borough, Ken Green, PO Box 1050 Utqiagvik, AK 99723; (907) 646-8274; ken.green@north-slope.org.
Agent: UMIAQ Environmental LLC, Emily McDonald, 6700 Arctic Spur Road Anchorage, AK 99518; (907) 677-8288; Emily.McDonald@UICCS.com.
Project Name: BARC Road, Middle Salt Lagoon
Location: The proposed activity is located within Section 27, 33, 34, T. 23N, R. 18W; Umiat Meridian; in North Slope Borough, Alaska. Project Site (Latitude, Longitude): 71.3078, -156.6999 With potential discharge for fill placement for roadway embankment at -156.6669, 71.3151.
Purpose: The purpose of the third Phase of this project is to Construct the Uivaqsaagiaq Road that will connect the completed Phases I and II to the Naval Arctic Research Laboratory (NARL) and the Barrow Arctic Research Center (BARC), completing the Barrow Roads Improvement Project (BRIP) and allow for the future abandonment of Stevenson Street.
Project Description: Department of the Army permit number POA-2012-183, Middle Salt Lagoon, was issued to the North Slope Borough on January 15, 2013, to place 159,470 cubic yards (cy) of fill into 21.62 jurisdictional acres of wetlands, for the development of the Barrow Roads Improvement Project (BRIP). For ease of construction the work has been completed in phases. Phase I included the placement of 16,916 cy of fill in 2.91 acres of jurisdictional wetlands for the construction of the extension of Laura Madison Street. Phase 1 construction began in March 2013 and was completed by February 2014.
Phase II, Uivaqsaagiaq Road, was scheduled to begin in January 2014 and be completed by February 2015, to consist of the placement of 142,554 cy of fill in 18.71 acres of jurisdictional wetlands for the construction of the new road.
The 1st modification of the original permit, POA-2012-183-M2, Middle Salt Lagoon, was issued to the North Slope Borough on October 6, 2016, to extend the time to complete the project and divide Phase II into two parts, known as: Phase II – Tom Gordon Expressway, and Phase III - Uivaqsaagiaq Road. Phase II included the placement of 50,000 cy of gravel and armor rock fill in 3.72 acres of waters of the U.S. and jurisdictional wetlands for the construction of the Tom Gordon Expressway. This was a reduction from the originally authorized impacts of wetlands by 4.54 acres. Additionally, the Conservation Fund was no longer selling in-lieu fee credits and a new compensatory mitigation proposal was approved. Construction of Phase II started as soon as compensatory mitigation from Phase I is complete.
The 2nd modification of the original permit was issued on June 22, 2017. One of the powerlines to be removed as compensatory mitigation was live and not available for removal. Special Condition #1 was revised to reflect that change in the Approved Mitigation Plan dated June 8, 2017. Mitigation Plan activities were completed by fall of 2017. Construction of Phase II was substantially complete by November 2021.
Proposed now is Phase III: The Uivaqsaagiaq Road construction was intended to begin in 2018 or 2019, however the construction schedule was adjusted due to lack of funding.
This, the 3rd modification of the original permit was issued on October 19, 2021, to allow for a time extension to complete Phase III, Uivaqsaagiaq Road. Construction is anticipated to begin in 2024 or 2025, and consist of placement of 159,470 cy of gravel fill into 10.45 acres of jurisdictional wetlands. The roadway will be insulated to protect from thermal degradation and feature two lanes, each 10-feet-wide with 6-feet of shoulder. Construction of Uivaqsaagiaq Road will connect the completed Phases I and II to the Naval Arctic Research Laboratory (NARL) and the Barrow Arctic Research Center (BARC), completing the BRIP.
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 following are (or are summaries of) the applicant's mitigation statements :
a. Avoidance: The project was designed to meet the purpose and need while avoiding unnecessary impacts to wetlands. The Laura Madison Road extension will utilize the existing 60-foot Right -of-Way, which is already highly disturbed from the installation of buried utilities. The area is currently used as a trail by All Terrain Vehicles, and generally does not contain suitable eider nesting habitat due to the level of human activity. Fragmentation of the Ukpeagvik Inupiat Corporation (UIC) owned wetlands east of Cakeeater Road will be avoided by directing Uivaqsaagiaq Road along the south shore of the Middle Salt Lagoon rather than bisect UIC land from a turnoff further south.
b. Minimization: The original Uivaqsaagiaq Road design had a vertical measurement of 14 ft, which was reduced to 12 ft in the final design. The 12 ft-2-height still accommodates for the 100-year flood event but reduces the amount of gravel fill needed by approximately 38,610 cy, the current reduction of the wetland impacts has not been determined but will be measured this summer. The project footprint was also minimized through development, direct routing, and steepening of side slopes to 4to1. Maintaining access at the channel crossing will reduce the creation of new trails in the area that negatively impact the wetland landscape. Multi-plated arches will be used instead of culverts at the channel crossing and will be large enough so residents can use a snow machine to ride through the culverts. Earth disturbing construction activities will occur during winter to avoid damaging wetland areas adjacent to the project footprint and to avoid disturbance from construction activities during nesting times.
Additionally, an existing gravel pit will be utilized as a materials source, eliminating the need to impact additional wetlands for construction material. Future potential impacts to the wetlands as a result of this project have been
analyzed. The road will have an absence of pullouts to keep people from stopping on the side of the road and entering wetlands for hunting and/or recreation purposes. Utilities are not part of this project, and new overhead power lines will be prohibited in the new Right of Way.
c. Compensatory Mitigation: Avoidance and minimization efforts reduce wetland impacts; however, there are 62 acres of unavoidable wetland impacts. The wetlands in the impact area are category III wetlands (moderate to low functioning). Wetlands are extensive across the North Slope and are not considered critical.
To compensate for the loss of wetlands we propose enhancement of waterfowl nesting areas and habitat. Hattenburg, Dilley, and Linnell, along with the North Slope Borough, have consulted with the US. Fish and Wildlife Service regarding the removal of unused power poles and lines. This will provide more flying area and decrease mortality of wildfowl due to collisions with utility poles and lines. Numerous projects in the area, including construction and scientific studies, have used mitigation efforts that aim to reduce collisions, and in some cases track the number of strikes resulting in mortality for the duration of the project. Removing unused power lines addresses the need to reduce the number of bird strikes and resulting fatalities. The removal will provide a service to the community of Barrow, as well as improve environmental conditions for eiders and other wildfowl around the project. An added benefit from the removal of power poles may result from the loss of elevated rapt or roosts that currently enable the raptors to prey on nesting waterfowl, eggs, and chicks. Every section of power line removed improves eider habitat in an unknown radius. We propose to remove one mile of power poles and lines resulting in the improvement of wetlands in the direct vicinity of the project. The applicant is currently working on additional mitigation solutions.
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.