Notice of Application for State Water Quality Certification

Public Notice (PN) Date: January 15, 2025     PN Reference Number: POA-1965-00034 v1.0
PN Expiration Date: February 16, 2025                                       Waterway: Resurrection 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 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 for a public hearing with respect to 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-1965-00034 v1.0 or on or before the public notice expiration date listed above.

Applicant: Turnagain Marine Construction, Jason Davis, 5050 Cordova St.,Suite 200, Anchorage, AK 99503, (907) 261-8960; jdavis@turnagain.us

Project Name: Seward Cruise Ship Passenger Dock and Terminal Facility Project

Dates of the proposed activity is planned to begin and end: 09/01/2025 to 04/30/2026

Location: The proposed activity is located within Section 3, T. 1, R. 1, Seward Meridian, in Kenai Peninsula Borough, Alaska.  Project Site (Latitude, Longitude): 60.119058, -149.42833.

Purpose: The purpose of the project is to replace the existing ARRC Passenger Dock so that it can safely accommodate cruise ships.

Description of Proposed Work: The applicant proposes to remove the existing passenger terminal building (26,555 square feet), the existing dock fenders, one thousand eight hundred and twenty (1,820) 14-inch diameter steel piles, ten (10) 20-inch diameter steel piles, the entire existing concrete deck, portions of the concrete pile caps, and approximately 500 cubic yards of riprap obstructions. Any navigation obstructions within 120 feet of the proposed dock area would be removed, as well as approximately 183,000 cubic yards of silt, sand, and gravel sediments (dredge) in the area along the existing dock. The dredged sediment would be removed with a crane-barge-based 5 cubic yard bucket. Dredged materials would be disposed of either at an upland location within the existing cleared and filled area on the ARRC property or at an approved offshore location.

The proposed dock would require 100 temporary 36-inch diameter steel piles to guide permanent piles into place. Permanent pilings would consist of seventy-six (76) 48-inch diameter steel piles, sixteen (16) 60-inch diameter steel piles, and ten (10) 72-inch diameter steel piles. The work would also include the construction of a dock bull rail, fenders, mooring cleats, a pre-cast concrete surface, a passenger walkway, a handrail, and mast lights. Work would take place below the High Tide Line (HTL) of Resurrection Bay (approximately 13.8 feet above the 0.0-foot contour). Pile removal and installation activities will occur for approximately 583 hours over 203 (not necessarily consecutive) days.  Dredging will also occur for approximately 1,440 hours over 120 (not necessarily consecutive) days. The entire project is not expected to last more than eight months. There is no blasting proposed as part of this project.

The project would remove:

• The existing passenger terminal building (26,555 square feet)
• The existing (out of water) dock fenders
• 1,820 existing 14-inch-diameter steel piles
• Ten (10) 20-inch-diameter steel piles that compose two mooring dolphins
• The entire existing concrete deck
• The concrete pile caps
• Any navigation obstructions within 120 feet of the proposed dock area
• Approximately 183,000 CY of material (dredge) in the area along the existing dock
• 100 temporary 36-inch diameter temporary steel piles

The project would install:

•   100 temporary 36-inch diameter temporary steel piles to guide permanent piles into place (to be removed before project completion)

•   76 permanent 48-inch diameter steel pies

•   16 permanent 60-inch diameter steel piles

•   16 permanent 72-inch diameter steel piles

•   Dock components such as a bull rail, fenders, mooring cleats, a pre-cast concrete dock surface, a passenger walkway, a handrail, and mast lights (installed out of the water)

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 applicant states that impacts could not be avoided because the purpose of the project is to construct a dock that accommodates large cruise ships and their passengers during the summer months. Therefore, construction must occur within the waters of the United States.

   Complete avoidance of the waters of the United States is not possible in order to meet the project's purpose and needs. The project would be located within Resurrection Bay along a previously disturbed shoreline.

2. Minimization: The project uses the most compact design practicable (with the least number of piles and smallest size of piles) to minimize impacts on the waters of the United States.

    

   •     The project footprint is within a previously developed area.

   •     The project uses a design that will dredge within the regularly dredged basin.

   •     The project uses a design that will not use blasting.

   •     The site that is being proposed as a dredge disposal site, is a previously used site for dredge disposal.

   •     All piles being removed (including temporary piles and already existing piles) will be removed slowly to allow for sediment to slough off near the mudline.

3. Mitigation: The applicant states that marine disposal of dredged material is proposed and a small amount of drill cuttings during down-the-hole drilling is proposed. Compensatory mitigation is expected, and the applicant plans to coordinate with USACE on a compensatory mitigation plan.

•     Spill response equipment will be kept on-site during construction and operation.
•     Turnagain will develop further mitigation measures if required by ADEC.

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 at least 3 days prior to the expiration/closure date of this public notice to ensure that any necessary accommodations can be provided.