Notice of Application for State Water Quality Certification

Public Notice (PN) Date: October 28, 2024    PN Reference Number: POA-2023-00089 v1.0
PN Expiration Date: November 28, 2024        Waterway: Grant Creek

**THIS NOTICE WAS CORRECTED JAN. 3, 2025: https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=217982**


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-2023-00089 v1.0 or via DEC website https://dec.alaska.gov/commish/public-notices/ on or before the public notice expiration date listed above.

Applicant: Tlingit Haida Regional Housing Authority, Diana Parks, 5446 Jenkins Drive, Juneau, AK 99801, (907) 957-4911; dparks@thrha.org

Project Name: Séet Kanax_ Dutéen Subdivision

Dates of the proposed activity is planned to begin and end: 11/01/2024 to 12/31/2033

Location: The proposed activity is located within Section 22, T. 41S, R. 67E, Copper River Meridian, in City and Borough of Juneau, Alaska. 6D0601090020. Project Site (Latitude, Longitude): 58.302530, -134.45049.

Purpose: Tlingit Haida Regional Housing Authority (THRHA) stated purpose is to provide affordable housing to qualified lower income home buyers (earning less than 80% of Median Family Income) who are residents of Douglas and the Juneau area.

Description of Proposed Work: The construction of a housing subdivision project within the City and Borough of Juneau on Douglas Island. The development of the property for residential housing will include 40 lots total (4.14 acres of wetlands within the total 17.62 acre project area). All lots will require the addition of water, sewer, and electrical service lines to be placed with access to existing utility tie-ins along North Douglas Highway. Total wetland fill amounts include 48,500 cubic yards shot rock and 12,200 cubic yards of D-1 gravel.

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 overall clearing limits are estimated at 17.62 acres. All clearing shall be performed outside of the April 15 - July 15 nesting window for forest / woodland birds, and the March 1 - August 31 window for eagles, in accordance with the U.S. Fish and Wildlife Service recommendations. Note: There are no known eagles’ nest within 660 feet of the project limits. The erosion and sediment control plan (ESCP) is only intended to depict the overall site drainage characteristics. The contractor shall utilize the ESCP to develop the Storm Water Pollution Prevention Plan (SWPPP) in accordance with the requirements of the Alaska Department of Environmental Conservation and the Construction General Permit. Storm water runoff for this project can be divided into two categories: The existing drainage that outfalls to Little Grant Creek is an estimated 450 ft away from project property line at Lot 20 and Lot 21. The remainder of storm water within the project limits will be directed to the outfall and existing culverts along North Douglas Highway.
2. Minimization: The clearing limits at each site were chosen to be of the smallest dimensions possible that will fit the anticipated housing pad. The overall clearing limits are estimated at 17.62 acres (4.14 acres of wetlands). All clearing shall be performed outside of the April 15 - July 15 nesting window for forest / woodland birds, and the March 1 - August 31 window for eagles, in accordance with the U.S. Fish and Wildlife Service recommendations. Note: There are no known eagles’ nest within 660 feet of the project limits.
3. Mitigation: Clearing and grubbing will limited to only the necessary area and depth of existing material in order to create a stable building pad. The applicant believes they have minimized and avoided impacts to the extent practicable. Should additional project mitigation be warranted, they will work with USACE to determine a reasonable path forward to mitigate potential impacts to the environment, local habitat, and protected 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 Mike Kruzinski at 907-334-0884, Mike.Kruzinski@alaska.gov 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.