Notice of Application for State Water Quality Certification

Public Notice (PN) Date: July 29, 2024                                                PN Reference Number: POA-2017-00395 v1.0
PN Expiration Date: August 28, 2024                                                                                   Waterway: Jacobsen 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 received0F[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-2017-00395 v1.0 on or before the public notice expiration date listed above.

Applicant: Rappe Excavating, Inc, Dave Mock, 4250 W Boardwalk Drive, Wasilla, AK 99629, (907) 355-7163; rappeexcavating@gmail.com

Project Name: Park Place Storage – Parking/storage expansion

Dates of the proposed activity is planned to begin and end: 07/01/2024 to 10/01/2024

Location: The proposed activity is located within Section 12, T. 17N, R. 2W, Fairbanks Meridian, in Matanuska-Susitna Borough, Alaska. Lot B12. Project Site (Latitude, Longitude): 61.580687, -149.56035.

Purpose: The existing pad currently houses storage units and stores vehicles and equipment at the back of the lot. The applicant’s stated purpose is to expand the existing pad in order to add more parking and storage space for their company to utilize to help the business grow and meet increased storage space demands.

Description of Proposed Work: The applicant proposes to discharge 6,000 cubic yards of dirt, 1,000 cubic yards of brush, and 2,000 cubic yards of stumps into 0.83-acre of palustrine scrub shrub/ forested wetlands. All fill material would be placed into 215 feet long by 185 feet wide by 8 feet high area in order to make a rectangular lot with existing fill. Material would be sourced from nearby Matanuska-Susitna Borough Road projects. The Matanuska-Susitna Borough contractor would haul the road material to the site, as well as haul topsoil and stumps from the contractor’s own commercial lot.

Additional Information: Fill for the existing pad was previously authorized on March 1, 2018, as a Nationwide Permit (NWP) 39 (Commercial Development). The authorization was for the discharge of 1,500 cubic yards each of dirt, brush, and stumps into 0.5-acre of wetlands to expand storage and parking space. The work has since been completed and is in compliance with the terms and conditions of NWP 39.

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 avoidance is not possible as the space left on the lot available to develop is within wetlands. The lot not in wetlands has already been developed and the only way to expand the storage capacity would be to discharge fill into the wetlands. Project site is accessed only by existing parking and storage area. No wetlands outside the project area will be traveled on or disturbed in any way to access the project site.
2. Minimization: The applicant states that minimization has been achieved by only filling the necessary amount of wetlands to meet their purpose. Access to discharge the fill would be from the existing fill and would not include impacts to wetlands outside of the proposed fill area, as those areas would be avoided. Silt and sediment filtration fencing would be installed around the perimeter of the proposed fill site to prevent any contamination to wetlands outside of the fill area. The applicant states that fill discharge would cease in the event of rain. Best management practices would be followed.
3. Mitigation: No wetlands outside the project area will be compromised in any way to achieve the Storage-parking expansion. BMP's will be installed to control contamination to wetlands outside the project area. Discharge operations will cease in the event of rain and the project site will be monitored for quality control daily.

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 Julia Schweminski at 907-334-5994 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.