Notice of Application for State Water Quality Certification

Public Notice (PN) Date: May 24, 2024          PN Reference Number: POA-2024-00134 v1.0
PN Expiration Date: June 9, 2024                                               Waterway: Favorite Channel

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 via email to the DEC email address: DEC-401Cert@alaska.gov with the subject line referencing Public Notice Reference Number: POA-2024-00134 v1.0 on or before the public notice expiration date listed above..

Applicant: None, Larry Dietrick, 17305 point lena loop, juneau, AK 99801, (907) 957-1681; ldietrick@outlook.com

Project Name: Harlequin Point

Dates of the proposed activity is planned to begin and end: 07/01/2024 to 09/30/2024.

Location: The proposed activity is located within Section 13, T. 40S, R. 64E, Copper River Meridian, in Juneau, Alaska.  Project Site (Latitude, Longitude): 58.391818,  134.800441.

Purpose: Placement of clean shot rock to construct a marine work pad needed for marine vessels and equipment to accommodate boat haul out operations.  Work planned for summer 2024 pending issuance of permits and availability of contractors and materials.

Description of Proposed Work: To discharge 800 cubic yards of shot rock and armor rock into 0.07 acres of intertidal waters (below the high tide line) for the construction of a 50-foot x 60-foot boat and equipment storage pad.

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: Site selection and design for this project does not affect any wetlands and has been minimized in size (approximately 3,000 square feet or less than .07 acres) to limit the disturbance to the maximum extent practicable between 15.4’ and 21’ tidal elevation while still being able to accomplish the goal to create a marine storage and work pad to support boat operations. Subject property has limited area adjacent to the boat ramp for development of this project.Site is accessed by existing driveway avoiding any impacts to upland or adjacent areas.
2. Minimization: As noted above, this project area does not affect any wetlands.The project design incorporates measures that minimize unavoidable impacts to waters of the U.S. through site selection and by minimizing the size of the project while still accomplishing the need.This is also done by limiting the level of tidal height down to which the project extends to 15.4’ mean high water. The project was kept at the highest possible tidal level to fulfill the goal of the project. Only clean, compacted shot rock fill, no organics, will be used and placement will be limited to only when tide levels are below 15.4’ and no water is present in the fill area.The site will have armoring to prevent erosion and provide shoreline protection.
3. Mitigation: Area to be filled is a high energy rocky shoreline with large protruding bedrock between HTL and MHW that is scrubbed clean of fines.There are no adjacent upland discharges.The area is subject to diurnal tides ranging from -4' to 20'.The area is dry at tides less thanMHW which mitigate impacts by placement of fill only when dry.Fill is clean shot rock and compacted with no stockpiling or disturbance of adjacent upland areas.No marine life has been observed in the fill area in over 20 years of casual observations by the property owner.Project will be beneficial without the need for compensatory mitigation and there is no known displacement of marine life.

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.