Public Notice (PN) Date: October 20, 2023 PN Reference Number: POA-2023-00293 v1.0
PN Expiration Date: November 5, 2023 Waterway: Zimovia Strait
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=HJGmx2bU7r on or before the public notice expiration date listed above.
Applicant: Micony, LLC, Bill Goodale, P.O. Box 5503 Ketchikan, AK 99901; (907) 225-9536; bill@kpunet.net.
Agent: R&M Engineering-Ketchikan, Farren Linne, 7180 Revilla Road, Suite 300 Ketchikan, AK 99901; (907) 225-7917; farren@rmketchikan.com.
Project Name: Micony Expansion
Location: The proposed activity is located within Section N/A, T. 62S, R. 83E; Copper River Meridian; in Wrangell, Alaska. Project Site (Latitude, Longitude): 56.46243, -132.3822.
Purpose: The purpose of this project is to expand the marine business building area and add boat access to the property.
Project Description: The applicant proposes to discharge up to 5,721 cubic yards of fill into 0.206 acre of waters of the United States below the High Tide Line (HTL) of Zimovia Strait to construct a seawall, create additional upland space for commercial activities, and the construction a boat ramp.
Additionally, two 12-inch diameter hot dip (HD) galvanized steel piles would be installed below the Mean High Water (MHW) of Zimovia Strait adjacent to the boat ramp to support a 8-foot wide by 60-foot long floating dock. The two pilings will be driven by an impact hammer, or if they cannot be driven, a drilling method. All work including pile installation would be completed from the uplands at low tide when the area is dewatered.
Additional Information: According to the applicant there were four alternatives that were considered for the proposed project. The applicant states, "the first was constructing the project at another location, unfortunately none were available that met the needs of the project and operation. The second option was other methods of tideland use; however, the costs were prohibitive and there wasn't anyone available to perform the work. The third option was to use only the existing upland area at the current lot. This was not chosen as the upland area of the lot is not big enough for the buildings necessary for the operation. The fourth option was to shorten and change the location of the proposed seawall. This was not chosen as it was deemed too small of dimensions and location to construct the necessary buildings for the operation."
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 the locations of the rock wall and dock were selected to be in the proposed location due to the nature of the project and the geometry of the site. Likewise, they state existing uplands of the lot are not big enough for the necessary buildings needed for the operation, so it is crucial for part of the project to fall in waters of the U.S. Other locations were considered; however, none were or are available that meet the needs of this project.
b. Minimization: The applicant states that the size of the proposed float is the smallest practical for the intended use and that the project's fill footprint within the waters of the
U.S. has been designed to be the smallest practical area to limit the impact as much as possible. All machine work will occur from the upland side of the site, within the pad's footprint and will be done during low tide events to reduce potential for any disturbance beyond the fill area.
c. Compensatory Mitigation: No compensatory mitigation is proposed for this project. The applicant states that other mitigation proposals have not been in the forefront because there isn't any environmental destruction of plant or crustacean habitat.
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.