Notice of Application for State Water Quality Certification

Public Notice (PN) Date: November 15, 2024        PN Reference Number: POA-1998-00979 v1.0
PN Expiration Date: December 15, 2024                                         Waterway: Dutch Harbor

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-1998-00979 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 of Unalaska, Scott Brown, PO Box 610, Unalaska, AK 99685, (907) 561-1011; sbrown@ci.unalaska.ak.us

Agent: PND Engineers, Inc., Baila Kunesova, 1506 W. 36th Avenue Anchorage, AK 99503; (907) 646-2762; bkunesova@pndengineers.com.

Project Name: Unalaska/Dutch Harbor Screeding – Light Cargo Dock (LCD) Screeding

Dates of the proposed activity is planned to begin and end: 07/01/2025 to 09/30/2025

Location: The proposed activity is located within Section 26, T. 72S, R. 117W, Seward Meridian, in Aleutians West Census Area, Alaska.  Project Site (Latitude, Longitude): 53.907200, -166.50960.

Purpose: The LCD acts as an overflow moorage area for the nearby Unalaska Marine Center (UMC) dock and serves lesser draft vessels. The LCD provides essential berthing space for vessels in a remote community isolated from the road system. The water depth at the dock face is currently limited to 20' MLLW; increased water depth will allow expanded use for deeper draft vessels.

Description of Proposed Work: The applicant proposes to move materials at the base of the existing LCD to deeper waters (screeding), targeting an elevation of -30 feet MLLW. Additionally, armor stone and riprap located on each end of the LCD would be removed and replaced as necessary to ensure adequate slope protection. New imported material shall not exceed a total project quantity of 200 cubic yards (CY) of riprap and 190 CY of armor stone. Total volume of screed material is estimated to be 6,800 CY and will be salvaged for reuse, if possible, to minimize the need for additional material. The LCD will maintain full capability during screeding operations.

Additional Information: Previous permitting at this location includes a DA authorization issued May 4, 1999, to the City of Unalaska to: 1) discharge 32,500 cy of gravel fill and 5,200 cy of course armor rock below the High Tide Line (HTL) to construct a sheet pile crab pot dock [consisting of two bulkheads, with each bulkhead composed of two sheet pile cells filled with gravel], 2) dredge 1,200 cy of material from below the HTL, with the dredged material used as fill behind the bulkheads; and, 3) construct four dolphins near the face of the dock. Total impacts included dredging 0.2 acre below the HTL, and a discharge of dredged or fill material into 1.4 acres below the HTL.

A second DA authorization was issued June 2, 2016 to expand the existing LCD including 1) the removal of two existing dolphins and catwalks with a vibratory hammer, 2) installing a third bulkhead between the two existing bulkheads, 3) installation of five 36-inch diameter steel fender piles and four 24-inch support piles with an impact hammer, 4) construct a 0.20 acre concrete dock surface over the fill of the new bulkhead, sheet pile, and fender piles.

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 waterbody cannot be completed avoided because screeding is dependent on marine access. However, screeding will be completed from the dock and will not require an in-water excavator.
2. Minimization: Screeding will be kept to the minimum quantity necessary to meet project purposes. The contractor will comply with local, state, and federal water quality standards. The dock will be maintained in a manner that does not introduce any pollutants or debris into the harbor. Fuels, lubricants, and other hazardous substances will not be stored below the high tide line. Oil booms will be reading available should any inadvertent releases occur.
3. The contractor will check for leaks regularly on any equipment, hoses, and fuel storage used at the project site. All chemical and petroleum products will be properly stored and secured to prevent spills. No petroleum products, cement, chemicals, or other deleterious materials will be allowed to enter surface waters. Waste and debris will be secured in bin with lid to prevent inadvertent release into the harbor.
4. Mitigation: None proposed.

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.