PUBLIC NOTICE
Alaska Department of Environmental Conservation (DEC)
Wastewater Discharge Authorization Program/§401 Certification
555 Cordova Street, Anchorage AK 99501-2617
Phone: 907-269-6285 | Email: DEC-401Cert@alaska.gov

Notice of Application for State Water Quality Certification

Public Notice (PN) Date: October 11, 2024    PN Reference Number: POA-1999-00277 v1.0
PN Expiration Date: October 27, 2024                                     Waterway: Gastineau 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-2018-00357 v1.0 or via DEC website https://dec.alaska.gov/commish/public-notices/ on or before the public notice expiration date listed above.

Applicant: City and Borough of Juneau, Carl Uchytil, 155 Heritage Way, Juneau, AK 99801, (907) 586-0294; Carl.Uchytil@juneau.gov

Agent: PND Engineers, Inc., Danielle Schultz, 3240 Eastlake Avenue East Seattle, WA 98102; (206) 624-1687 6811; dschultz@pndengineers.com.

Project Name: Wayside Park Float Maintenance, Repair, and Dredging

Dates of the proposed activity is planned to begin and end: 10/01/2024 to 12/31/2024

Location: The proposed activity is located within Section 09, T. 041S, R. 067E, Copper River Meridian, in Juneau, Alaska. 7B0901030035. Project Site (Latitude, Longitude): 58.326389, -134.46722.

Purpose: The City & Borough of Juneau (CBJ) seeks to repair and update the Wayside Park float to allow for continued use of the site. The float is only occasionally used for vessel mooring, and is primarily used as a recreational and sport fishing access float. The float has been in service for about 24 years, and has encountered some damage to several structural components. CBJ seeks to repair and update the float by dredging the harbor basin to prevent the float from grounding during low tide, adding flotation billets, and repairing components of the float to improve access via foot and boat. The Wayside Park Float provides a location for recreational and sport fishing for residents, especially for

those who may not have a boat or another way to access fishing. The float is also occasionally used for vessel mooring. As this is a public site, the CBJ must update and maintain the float to safely provide recreation to locals.

Description of Proposed Work: The project involves dredging the existing float location as well as making several repairs to the existing float. To accomplish this, the float will be temporarily removed, and the gangway rested on a temporary cap between landing float piles. Approximately 5,520 CY of material will be removed with dredging equipment from a barge and disposed of in an approved location within the channel.

Mobilization: The contractor will mobilize from a barge landing in Southeast Alaska and proceed to the project site. The barge will contain either an excavator or clamshell bucket attached to a crane for the purpose of dredging the site. All project vessels will comply with pertinent regulations, including protocols for marine mammal impact avoidance.

Dredging: Around the float, bucket dredging will be utilized to depths of -8 MLLW to -12 MLLW. The substrate to be dredged is marine sediment, primarily silts and sands from glacial runoff. The exact boundaries of the area to be dredged can be found in the project drawings. Once dredging is completed, a non-dispersive disposal method will be utilized at a permitted offshore disposal site. The disposal site is approximately 7.4 acres, shaped in a rectangle, located in the Gastineau Channel. The exact location, including coordinates of the corners of the site, can be found in the project drawings.

Demobilization: Any excess materials from the project will be reclaimed or disposed of as necessary and the float returned to its original location. Contractor will demobilize to barge landing with all equipment on site.

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: As this project involves underwater dredging and removal, impacts to WOTUS could not be avoided.
2. Minimization: The project is located in an already disturbed area and all material disposal will take place at a site already used for that purpose. Straw wattle on the barge will help filter seawater and dredge material to minimize impacts to WOTUS.
3. Mitigation: dredging, screeding, and underwater excavating operations - All vessels involved in dredging, screeding, and underwater excavating operations, including survey vessels, will transit at velocities ≤10 knots.

- Dredging, screeding, and underwater excavating activities will shut down whenever a listed marine mammal enters or appears likely to enter the applicable shutdown zone.

- Following a lapse of dredging, screeding, and underwater excavating activities of more than 30 minutes, the PSO will authorize resumption of the activity only after the PSO provides assurance that listed marine mammals have not been present within the shutdown zone for at least 30 minutes immediately prior to resumption of operations.

- If dredged spoils are deposited at an in-water site, the site must have a current of greater than 3 knots, the vessel making the deposit must keep moving at 3 knots or more throughout disposal, and the site must be outside of Cook Inlet beluga whale critical habitat.

Intertidal fill / Bank Stabilization and Maintenance - Fill material will consist of rock fill that is free of fine sediments to the extent practical or will come from on-site dredged material. Fill material will be obtained from local sources or will be free of non-native marine and terrestrial vegetation species.

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.