Notice of Application for State Water Quality Certification

Public Notice (PN) Date: January 16, 2024     PN Reference Number: POA-2020-00470 v1.0
PN Expiration Date: February 1, 2024                                                Waterway: Beluga Lake

Any applicant for a federal license or permit to conduct an activity that might result in a discharge into waters of the United States, in accordance with Section 401 of the Clean Water Act (CWA), must also apply for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will comply with the CWA and the Alaska Water Quality Standards (18 AAC 70). The scope of certification is limited to the water quality-related impacts from the activity subject to the Federal license or permit (40 CFR 121.3, 18 AAC 15.180).

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[1] for the discharge of dredged and/or fill materials into waters of the United States (WOTUS), 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=mEWkjuegK on or before the public notice expiration date listed above.

Project Proponent: one4kleasing, Kenneth Crosland, P.O. Box 10093, Bozeman, MT 59719, (406) 581-8384; one4kleasing@yahoo.com

Project Name: Dahl St Homer Alaska – Crosland Residence & Housing Development

Dates of the proposed activity is planned to begin and end:

Location: The proposed activity is located within Section 21, T. 6 S, R. 13 W, Seward Meridian, in Kenai Peninsula Borough, Alaska. Project Site (Latitude, Longitude): 59.6468, -151.5114. Virginia Lyn Subdivision, Lots 43-46 (Kenai Peninsula Borough Parcel IDs 17913209-12).

Purpose: The applicant’s stated purpose is to provide housing for his family, as well as rental housing for year-round workers as the local rental market is lacking.

Description: The applicant proposes to discharge fill into approximately 0.6 acres of wetlands across four different parcels to build a 300 linear foot road, two single family homes, two duplexes, one garage, and attendant driveways, culverts, and utilities.

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.

1. Avoidance: The applicant stated that he modified the design for Lot 46 to avoid impacting a low area and a forested portion of wetlands. Avoidance altogether is impractical given the high cover of wetlands on the property.
2. Minimization: Excavated material would be immediately hauled off-site to minimize sediment transport and siltation. If needed, the applicant would install a silt fence. Fill areas would be graded to ensure proper drainage.
3. Compensatory Mitigation: The applicant proposes no compensatory mitigation.

After reviewing the application, the Department will evaluate whether the activity will comply with applicable water quality requirements (any limitation, standard, or other requirement under sections 301, 302, 306, and 307 of the CWA, any Federal and state laws or regulations implementing those sections, and any other water quality-related requirement of state law). The Department may certify (or certify with conditions) with reasonable assurance the activity and any discharge that might result will comply with water quality requirements. 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.