Public Notice (PN) Date: November 1, 2023            PN Reference Number: POA-2023-00027 v2.0
PN Expiration Date: December 3, 2023                    Waterway: Ublutuoch River

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

Applicant: Kuukpik Corporation, Willow Hetrick, 582 East 36th Ave. Anchorage, AK 99503; (907) 330-9085; willow@kuukpik.com.

Agent: ASRC Energy Services Alaska, Inc, Joseph Christopher, 3900 C Street, Suite 700 Anchorage, AK 99503; (907) 339-5483; jchristopher@asrcenergy.com.

Project Name: Kuukpik K2 Pad

Location: The proposed activity is located within Section 32, T. 10N, R. 2E; Umiat Meridian; in North Slope Borough, Alaska. Project Site (Latitude, Longitude):  70.18077, -151.66626. With potential discharge location for clean gravel at 70.180444, -151.66683.

Purpose: The applicant’s stated purpose is to construct a 32.64-acre gravel pad to provide a Kuukpik-owned lay down and staging area on Kuukpik land that generates revenue for, and reduces impacts to, Kuukpik shareholders and Nuiqsut residents. The pad will be leased to one or more oil and gas operators, oil field support companies and contractors, and/or Kuukpik-affiliated companies and joint ventures to reduce impacts of traffic and construction within and around the City of Nuiqsut, generate revenue for the benefit of Kuukpik's shareholders and offset impacts of oil and gas development to the community Nuiqsut.

Project Description: The discharge of 389,000 cubic yards of clean, gravel fill into 32.50 acres of wetlands and 0.14-acre of uplands.

Additional Information: Additional permits, approvals, and other requirements:

• Bureau of Land Management (BLM) - Right of Way Permit
• United States Fish and Wildlife Service (USFWS) - Endangered Species Act (ESA) Section 7 consultation
• Alaska Department of Natural Resources (ADNR) State Historic Preservation Office (SHPO)-National Historic Preservation Act (NHPA) Section 106 consultation
• ADNR Division of Mining, Land and Water- Temporary water use authorizations and water rights
• Alaska Department of Fish and Game (ADF&G) - Public Safety Permit
• Alaska Department of Environmental Conservation (ADEC) - Clean Water Act (CWA) Section 402 Alaska Pollutant Discharge Elimination System (APDES) Permit
• North Slope Borough (NSB) - Traditional Land Use Inventory Clearance, development permits, and administrative approvals
• ASRC - Mine Site and Gravel Extraction Agreement
• Kuukpik Corporation - Land Use Authorization for facilities constructed on Kuukpik land

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.

Avoidance: The entire project area contains jurisdictional waters of the United States; therefore, complete avoidance is not practicable. Kuukpik proposes to include the following practicable avoidance measures. No fill will be placed in documented locations of Endangered Species Act listed bird species. Fill will be placed during winter months when migratory birds are not present. The pad expansion will avoid placement of gravel near documented polar bear dens and denning habitat. Project limits will be delineated with silt fencing or similar material to avoid impacts outside the proposed pad area. Fuel will not be stored and fueling would not occur within 100 feet of the tundra. K2 pad will be connected at grade to existing infrastructure to avoid additional placement of fill in wetlands. Kuukpik will utilize currently permitted gravel sources to avoid opening a new mine site

Minimization: Kuukpik will incorporate the following minimization measures into project design and construction to reduce overall impacts on waters of the United States. Construction would occur during frozen ground conditions. The pad will have a minimum thickness of 5-feet to insulate underlying permafrost. The pad will be constructed with a minimum 2:1 (vertical: horizontal) side slopes to minimize fill area and impacts to wetlands. Regular pad surface watering will occur during operation to minimize fugitive dust deposition to the tundra. The wetlands proposed for impact have already experienced a reduction function in the form of direct and indirect impacts from surrounding development. Kuukpik selected this location to minimize overall functional impacts in the watershed.

Compensatory Mitigation: The project is not located in rare, difficult to replace, or threatened wetlands or areas of designated Critical Habitat. The project does impact greater than 1/10th acre of wetlands, however, the single watershed in which the proposed project is located is not significantly deteriorated. The proposed total permanent fill for the project, combined with existing disturbance, would result in a maximum new percent disturbance of 0.23% to the watershed. The project is located outside the Colville River Delta and does not impact any intertidal waters associated with special aquatic sites. No fill would occur in, or within 500-feet of, anadromous waters. The closest anadromous water (Ublutuoch River) is located 1.75 miles south. The project is not federally funded. The project is not a large-scale project with adverse aquatic resource impacts. Therefore, Kuukpik is not proposing compensatory mitigation at this time. If the U.S. Army Corps of Engineers (Corps) determines compensatory mitigation is necessary, Kuukpik will work with Corps to identify a practicable compensatory mitigation solution.

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.