Notice of Application for State Water Quality Certification
Public Notice (PN) Date: October 21, 2024
PN Expiration Date: November 5, 2024
PN Reference Number: POA-2024-00475 v1.0
Waterway: Kitoi 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-2024-00475 v1.0 or via DEC website https://dec.alaska.gov/commish/public-notices/ on or before the public notice expiration date listed above.
Applicant: Kodiak Regional Aquacultural Association, Tina Fairbanks, 104 Center Street, Suite 205, Kodiak, AK 99615, 907-486-6555; tina.fairbanks@kraa.org
Agent: R&M Engineering Ketchikan, Trevor Sande, 7180 Revilla Road, Suite 300 Ketchikan, AK 99901; 907-225-7917; trevorsande@rmketchikan.com.
Project Name: Kitoi Hatchery Dock Replacement
Dates of the proposed activity is planned to begin and end: 10/31/2024 to 09/30/2025
Location: The proposed activity is located within Section S10, T. T23S, R. R19W, Seward Meridian, in Kodiak Island Borough, Alaska. Project Site (Latitude, Longitude): 58.191197, -152.37194.
Purpose: The purpose of the project is to replace an existing dock at a fish hatchery that has exceeded it's useful life. About 33% of the project will include discharge of fill. This will facilitate construction as it will be extremely difficult to try and remove and replace the existing wood bulkhead. The new retaining wall made of pre-cast concrete blocks would be constructed seaward of the existing bulkhead so that it can remain in place. The proposed fill would also allow some of the building components for fish delivery, storm water management and utilities to be protected instead of exposed on elevated platforms below the dock.
Description of Proposed Work: The project consists of removing approximately 1,455 square feet of an obsolete dock, including a failing wood bulkhead, and approximately 26 existing wood piles. After the removal of the obsolete dock, a 106-foot-long retaining wall to support a new dock would be built. This retaining wall would be constructed by placing 159 2-foot by 2-foot by 4-foot precast concrete blocks. The retaining wall would have a cement foundation made onsite by pouring approximately 6 cubic yards of cement at the base of the wall, this would be done during low tides and dewatered conditions. An area of approximately 900 square feet behind the retaining wall would be filled with 462 cubic yards of shot rock (from the retaining wall to where the failing wood bulkhead was located), for a total of 242 cubic yards of shot rock below the High Tide Line (HTL). The area of fill below the HTL, including the area occupied by the retaining wall foundation, would be 0.03-acre.
The new structure would consist of an 1,800 square feet concrete dock built seaward of the retaining wall. It would require driving ten (10) steel piles 12-inch in diameter to support the dock, as well as ten (10) 12-inch diameter steel fender piles attached to the face of the dock.
Additional Information: NOAA’s National Marine Fisheries Service and State Historic Property Office concurrence with Corps’ determinations would be required.
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.
- Avoidance: The proposed dock would replace an existing marine facility that has been in place since 1996 and that has exceeded its useful life (see pictures attached). Fill material would occur at the HTL to avoid filling the intertidal zone to the extent possible.
- Minimization: This is a replacement of an obsolete dock. A small area below the HTL would be filled to facilitate higher building loads, as well as to bury key components of the facility such as fish transfer pipes and utilities. The fill would also facilitate replacement of the existing wood bulkhead without deconstructing the entire structure and allow construction in phases which is necessary because of the narrow fish windows (mid-May to June), which constrain construction times. Restricted construction time windows would minimize impacts to fish.
- Mitigation: No compensatory mitigation is proposed for this project.
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.