PUBLIC NOTICE
Alaska Department of Environmental Conservation (DEC)
Wastewater Discharge Authorization Program/§401 Certification
555 Cordova Street, Anchorage AK9501-2617
Phone: 907-269-6285 | Email: DEC-401Cert@alaska.gov
Notice of Application for State Water Quality Certification
Public Notice (PN) Date: December 1, 2023 PN Reference Number: POA-2023-00490 v1.0
PN Expiration Date: December 18, 2023 Waterway: Tongass Narrows
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=HAPdR79St on or before the public notice expiration date listed above.
Applicant: EC Phillips & Son, Paul Cyr, P.O. Box 7095 Ketchikan, AK 99901; (907) 247-7975; paulc@ecphillipsalaska.com.
Agent: R&M Engineering-Ketchikan, Inc., Trevor Sande, 7180 Revilla Road, Suite 300 Ketchikan, AK 99901; (907) 225-7917; trevorsande@rmketchikan.com.
Project Name: EC Phillips & Son Seafood Plant Construction
Location: The proposed activity is located within Section 24, T. 75S, R. 90E; Copper River Meridian; in Ketchikan Gateway Borough, Alaska. Project Site (Latitude, Longitude): 55.3472, -131.6649.
Purpose: The purpose of this project is to replace an existing fish processing plant that has exceeded its useful life.
Project Description: The applicant proposed to discharge 12,250 cubic yards of shot rock fill into 0.35 acre below the High Tide Line (HTL, approximately 19.4 feet above the 0.0foot contour), of Tongass Narrows, a navigable water of the U.S. (WOTUS), as well as the construction of a 304 linear foot concrete block wall. The proposed work also includes the removal of approximately 36,800 square feet of existing dock and 102 existing piles. The applicant proposes placing five hundred and seventy-five (575) new 12-inch galvanized steel piles to support 54,612 square feet of concrete dock with a 45,320 square foot building, all of which would be constructed below the Mean High Water Mark (MHWM, 14.4 feet above the 0.0-foot contour) of Tongass Narrows. There will also be a 2,948 square foot block wall constructed. Construction would begin in Spring of 2024 and would likely take several years to complete.
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 that avoidance is not practical because the project purpose is to remove and replace an existing marine facility.
b. Minimization: The applicant states that fill discharges have been limited to the minimum necessary to facilitate higher building loads, to bury key components of the facility such as stormwater controls and utilities, and to facilitate construction by allowing staging off the adjacent highway.
c. Compensatory Mitigation: The applicant proposes no mitigation.
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.