Notice of Application for State Water Quality Certification

Public Notice (PN) Date: June 7, 2024           PN Reference Number: POA 2024-00028 v1.0
PN Expiration Date: July 8, 2024                                                           Waterway: Mud Bay

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 2024-00028 v1.0 on or before the public notice expiration date listed above.

Applicant: Gateway Aviation II, LLC, Kirk Thomas, 1600 Tongass Ave., Ketchikan, AK 99901, (904) 821-6833; kirkt@aseresorts.com

Agent: MEA Inc., Fred Monrean, PO Box 934315143 N. Tongass Hwy,  Ketchikan, AK 99901; (907) 254-8640; fmonrean@kpunet.net.

Project Name: Gateway Aviation II, LLC – New Haul Out and Hanger

Dates of the proposed activity is planned to begin and end: 10/01/2024 to 10/01/2026

Location: The proposed activity is located within Section 29, T. 74s, R. 90e, Copper River Meridian, in Ketchikan Gateway Borough, Alaska.  Project Site (Latitude, Longitude): 55.419200, -131.76480.

Purpose: Construction of a hover craft haul out ramp, and a maintenance hanger.

Description of Proposed Work: Place 22,925 cubic yards of shot rock, 2,670 cubic yards of D-1 crushed base, 2,100 cubic yards of armor rock, and 3,150 square yards of filter fabric to construct a hovercraft facility. In total, approximately 5,501 cubic yards (1.8-acre) of fill below the high tide line (HTL) but above the mean high-water line (MHW) and 914 cubic yards (0.347- acre) of fill below the MHW would be placed. There would be 0.1415-acre of estuarine and marine deepwater habitat (E1UBL), and 0.0753-acre of estuarine and marine wetland habitat (E2USN) filled.

Additional Information: The applicant has received a driveway permit from the Alaska Department of Transportation dated February 2024.

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 ramp for the haul out is placed on the property in lieu of the ramp on the tidelands area this complicates the haul out process, but avoids the fill on the area seaward of the MHWL.
2. Minimization: The ramp for the haul out is above the current property line and the MHWL as much as possible, this minimizes the foot print of the fill.
3. Mitigation: The stream areas will be left as intact as feasible and native vegatation will be planted or allowed to grow back along the banks of the streams.

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.