Notice of Application for State Water Quality Certification

Public Notice (PN) Date: July 2, 2024            PN Reference Number: POA-1985-00422 v1.0
PN Expiration Date: August 4, 2024                                               Waterway: Norton Sound

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-1985-00422 v1.0 on or before the public notice expiration date listed above.

Applicant: City of Nome, Joy Baker, PO Box 281,102 Division Street, Nome, AK 99762, (907) 443-6619; jbaker@nomealaska.org

Agent: Michael L. Foster & Associates, Inc., Michael Foster, Suite 20013135 Old Glenn Highway, Eagle River, AK 99577; (907) 696-6200; mlf@mlfaalaska.com.

Project Name: Cape Nome Quarry Laydown Pad Expansion

Dates of the proposed activity is planned to begin and end: 08/15/2024 to 06/15/2025

Location: The proposed activity is located within Section 23, T. 12S, R. 32W, Kateel River Meridian, in Northwest Arctic Borough, Alaska.  Project Site (Latitude, Longitude): 64.435223, -165.00850.

Purpose: The existing laydown pad does not meet current operational area requirements. The purpose of the Cape Nome Laydown Pad Expansion Project is to increase the area needed to stage equipment and scales, and sort, weigh, and stockpile rock materials for supplying projects throughout the northwest region. The expansion is sized for improved barge loading efficiency and landing craft operations while also serving local customers along the road systems. The adjacent Cape Nome quarry is the primary source of industrial-grade armor stone and riprap commonly used on seawalls, causeways, and breakwaters throughout Northwest Alaska and the North Slope. Quarry rock is crushed and used as gravel material for airport runway and road construction. The nearest alternative quarry is located on St. Paul Island, about 1,700 miles from Cape Nome.

Description of Proposed Work: The proposed laydown pad expansions would involve work in Waters of the United States via the discharge of 771,128 cubic yards of fill material into 12.3 acres of tidal waters in order to construct two (2) laydown pad structures (detailed impact table is below). Currently, the existing laydown pad for the quarry has 2.5 acres of operational surface area.

The City of Nome proposes to expand the existing laydown pad that abuts the existing jetty on the eastern shore of Norton Sound adjacent to the Nome-Council Highway and Cape Nome Quarry, approximately 12 miles southeast of Nome. The project would expand the laydown pad west, east, and waterward of the current pad and would involve removal of Armor Rock from existing shoreline protection and in-water placement of Fill and Armor Rock. The pad expansion area will extend up to 370 feet from the Nome- Council Road Right-of-Way through tidelands and into submerged lands of Norton Sound in water depths ranging up to 7 feet below Mean Lower Low Water (-7 feet MLLW) for the West Laydown Pad Expansion Area and up to -11 feet MLLW for the East Laydown Pad Expansion Area. The West Laydown Pad Expansion Area footprint will cover 7.8 acres with a 6.4-acre surface working pad surface and the East Laydown Pad Area footprint will cover 10.3 acres with an 8-acre working pad surface.

"Fill," as used in this application, is a Type B (ADOT 702.1.13) modified, well-graded angular or sub-angular material with a maximum particle size of 24 inches. And "Armor Rock" is >3-ton armor rock approved by an Engineer.

The sequence of construction activities is described below:

1. Remove and stockpile approximately 21,000 cy of Armor Rock from existing shoreline protection for reuse. Material would be stored temporarily in uplands at the quarry. This includes approximately 7,750 cy from 1,114 feet of shoreline west of the existing laydown pad and approximately 13,250 cy from 1,316 feet of shoreline east of the existing laydown pad.
2. Place Fill from shore to design limits and construct the laydown pad expansion to finish grade elevation. Fill lifts placed below water level will be placed in loose, un-compacted lifts. Fill placed above water level will be placed in two-foot compacted lifts, or as approved by the Engineer.
3. Place Armor Rock selectively on the pad expansion shoulder to meet requirements for stone-to-stone contact. If armoring the side slopes is not completed by winter shutdown, all remaining Fill slopes will be stabilized to prevent erosion.
4. Install Armor Rock traffic barriers along the north boundary of each expansion area.

Hazardous materials management, fuel storage, handling, transfers, spill prevention and response, and spill reporting will be conducted in accordance with applicable SPCC plans and best practices.

Additional Information: As of the date of this public notice the applicant has applied for an encroachment permit with the Alaska Department of Transportation and Public Facilities (ADOT&PF) to encroach approximately 50 feet into ADOT&PF Nome-Council Road right-of way.

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 states that expansion of the existing facility meets the purpose and need for the project and does not require additional new infrastructure that could potentially impact Waters of the U.S.
2. Minimization: The applicant states that the construction zone is minimized through colocation of the laydown pad expansion with the material source.
3. Mitigation: The applicant states that no compensatory mitigation is proposed for the limited unavoidable impacts.

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.