Notice of Application for State Water Quality Certification

Public Notice (PN) Date: November 27, 2024        PN Reference Number: POA-2016-00206 v1.0
PN Expiration Date: December 29, 2024                                  Waterway: Casa Del Sol Creek

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 concerning water quality, submit comments via (preferred method) DEC website https://dec.alaska.gov/commish/public-notices/ or via email to the DEC email address: DEC-401Cert@alaska.gov with the subject line referencing Public Notice Reference Number: POA-2016-00206 v1.0 on or before the public notice expiration date listed above.

Applicant: Tlingit Haida Regional Housing Authority (THRHA), Jackie Pata, 5446 Jenkins Drive, Juneau, AK 99801, (907) 780-3194; jpata@thrha.org

Project Name: Casa Del Sol Creek Subdivision – Pederson Hill Subdivision II - Phase IB, Phase 1B of 2B

Dates of the proposed activity are planned to begin and end: 12/06/2024 to 12/06/2028

Location: The proposed activity is located within Section 25, T. 40S, R. 65E, Copper River Meridian, in the City and Borough of Juneau, Alaska. 4B2201010103. Project Site (Latitude, Longitude): 58.374320, -134.61297.

Purpose: THRHA is proposing the construction of single-family homes on 11.5 acres that will consist of 69 lots plus two public use or greenspace lots. An adjacent parcel was previously subdivided and developed and consists of single-family residences, paved roadways, curb and gutter, and tie-ins to public utilities. There was a previous plan by the City and Borough of Juneau (CBJ) to continue the development of the subdivision as the location was deemed suitable and beneficial to additional housing. The continued development of the property will be undertaken in two phases. Phase 1B will include the development of 31 residences and one public-use lot. Phase 1C will add 38 residences and one public-use lot.

The subdivision is accessed from Glacier Highway via Karl Reishus Boulevard which is a paved road leading to the subdivision with existing cross streets at Guwakaan Street, Kwalx Street, and Yan Street. Guwakaan, Kwalx, and Yan Streets will be extended for access to the new residences. Keishish Lane will be a connector road on the eastern edge of the project site that will connect Yan and Guwakaan Streets. All new streets to access residences will be constructed along with the continued development of the subdivision. All lots will require the addition of sewer, water, and electrical service lines to be placed along with sidewalks and street lighting.

The proposed action is for Phase 1B and Phase 1C of Lot 2B.

Phase 1 will include the development of 11 residences and one public-use lot along Guwakaan and Kwalx Street.

Phase 2 will include the development of 21 residences and one public-use lot along Guwakaan and Kwalx Street.

Both phases 3 and 4 will include the development of 18 residences during each phase (a total of 36 residences) along Yan Street.

Begin and complete dates: Phase 1 (FY 2024 to FY 2028) Phase 2 (FY 2029 to FY 2033)

Phase 3 & Phase 4 (FY 2034 to FY 2038)”.

Description of Proposed Work: The applicant is proposing to place 20,584 cubic yards of shot rock, 2,573 cubic yards of crushed rock, and 858 cubic yards of sand and gravel into 5.1 acres of waters of the United States consisting of forested wetlands to construct a residential subdivision.

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: 1. The erosion and sediment control plan (ESCP) provided is only intended to depict the overall site drainage characteristics. The contractor shall utilize the ESCP to develop the SWPPP in accordance with the requirements of the Alaska Department of Environmental Conservation ADEC and the Alaska Construction General Permit (CGP).
2. Minimization: 2. The overall clearing limits are estimated at 2.5 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’ nests within 660 feet of the project limits. The grubbing area of disturbance is estimated at 1.8 acres.
3. Mitigation: We have minimized and avoided impacts to the extent practicable. Should additional project mitigation be warranted, THRHA will work with USACE to determine a reasonable path forward to mitigate potential impacts on 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. To inquire about or 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.