Notice of Application for State Water Quality Certification

Public Notice (PN) Date: November 13, 2024        PN Reference Number: POA-2020-00061 v1.0
PN Expiration Date: November 28, 2024                                      Waterway: Turnagain Arm

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 of 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 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-2020-00061 v1.0 or via DEC website https://dec.alaska.gov/commish/public-notices/ on or before the public notice expiration date listed above.

Applicant: Alaska Wildlife Conservation Center, Di Whitney, P.O. Box 949, Portage, AK 99587, (907) 783-0058; di@alaskawildlife.org

Project Name: AWCC Bank Stabilization – Alaska Wildlife Conservation Center Bank Stabilization

Dates the proposed activity are planned to begin and end: 11/08/2024 to 12/20/2024

Location: The proposed activity is located within Section 31, T. Portage, R. Chugach, Seward Meridian, in Anchorage, Alaska. 09017102000. Project Site (Latitude, Longitude): 60.829314, -148.98910.

Purpose: The applicant’s stated purpose is to stabilize the bank and prevent continued erosion. The current vegetation is not adequate to prevent erosion, and there is a need to slow the loss of AWCC land. The erosion of the banks is decreasing the upland area. Continued erosion would threaten AWCC land and on-site vehicle routes.

Description of Proposed Work: Alaska Wildlife Conservation Center is in need of further bank stabilization to protect the loss of upland infrastructure and habitat. The project proposes riprap as the minimum necessary to prevent further erosion in areas that have a 3:1 side slope or less. The revetment thickness will be reduced in any areas where the existing bank slopes allow it and are less than a 4:1 slope.

The proposed project would discharge up to 309.1 cubic yards of base fill material and 1,135.3 cubic yards of large stone riprap 1, for a total of 1,444.4 cubic yards of fill material in 0.47 acre below the high tide line (HTL) but above the mean high water (MHW) mark at the confluence of Portage Creek and Placer River in Turnagain Arm.

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 AWCC site circulation road already in place, allows for access within a short distance of all bank edges. Riprap will be placed in the tidal zone but only above Mean High Water. Work access roads, routes, and staging areas will not be in, or impact, the waters of the United States. Due to extreme tidal fluctuation, river currents, and ice scour, this is an exceedingly high-energy environment; riprap has been selected as the minimum necessary to prevent further erosion. Riprap will hold the banks and any of the smaller areas that have a 3:1 side slope or less. Work would be done in the dry, during low tide stages to avoid impacts on the marine environment.
2. Minimization: Due to extreme tidal fluctuation, river currents, and ice scour, this is a high-energy environment. Riprap has been selected as the minimum necessary to prevent further erosion. Riprap would hold the banks and any of the smaller areas that have a 3:1 side slope or less. Native vegetation would be utilized in conjunction with the engineered rip rap and fill plan to stabilize the banks and enhance habitat. The revetment thickness would be reduced in any areas where the existing bank slopes allow it and are less than a 4:1 slope. Particularly, stations 23-28 are good candidates for Willow vegetated rip rap and root wads, placed by trained personnel in accordance with agency guidelines. Trained staff would place silt fences before the work commences, to trap any sediment from going into the waters of Turnagain Arm that would result from placement of fill. Transport of fill would be done in such a way as to minimize the impact on the soil; erosion control blankets can be laid down to protect existing vegetation between the circulation road and banks. Rock would be clean. Care would be given to ensure that no discharges from vehicles or trash are allowed to pollute the site. A similar riprap design has been extensively used by the Alaska Department of Transportation in virtually all its nearby Seward Highway projects along Turnagain Arm and it is assumed it was chosen for its durability and because it has been the most practical shoreline erosion preventative along the Seward Highway between Anchorage and Portage where AWCC is located.
3. Mitigation: Wetland areas on the site would not be reduced in size or otherwise impacted by the fill. Wildlife habitat would be minimally impacted by fill. Riprap would only be placed on the existing unstable banks above the MHW mark but below the HTL. The fill location currently hosts only minimal wildlife or habitat, and if the banks are not protected, wetlands and wildlife habitat on site would eventually be lost due to erosion. The land improvements that have taken place at the Alaska Wildlife Conservation Center created areas of wetland and continue to provide a habitat for the threatened Woodland Bison being raised at the center. AWCC is a non-profit and serves as a wildlife rehabilitation and environmental education center. For these reasons, the applicant proposes no compensatory mitigation.

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.