Notice of Application for State Water Quality Certification

Public Notice (PN) Date: January 24, 2025     PN Reference Number: POA-2024-00448 v1.0
PN Expiration Date: February 23, 2025                                        Waterway: Diamond 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 with respect to water quality, submit comments via (preferred method) DEC website https://dec.alaska.gov/commish/public-notices/ or email to the DEC email address: DEC-401Cert@alaska.gov with the subject line referencing Public Notice Reference Number: POA-2024-00448 v1.0 or on or before the public notice expiration date listed above.

Applicant: Kachemak Landing LLC, Kristina Haynes, PO Box 3337, Homer, AK 99603, (907) 433-9935; hayneshomesllc@gmail.com

Project Name: Skyline Heights Estates Kachemak Landing Airpark

Dates of the proposed activity are planned to begin and end: 03/01/2025 to 10/15/2025

Location: The project site is located within Sections 9 & 10, T. 6 S., R. 14 W., Seward Meridian; USGS Quad Map Seldovia C-5 NE; Tunlin Skyline Heights Estates Subdivision, Lots 33A through 48A; Kenai Peninsula Borough (KPB), near Homer, Alaska. Seward Meridian, in Kenai Peninsula Borough, Alaska. 17331084.Section 9, T. 6S, R. 14W, Seward Meridian, in Kenai Peninsula Borough, Alaska. Project Site (Latitude, Longitude): 59.672000, -151.65690.

Purpose: The project's purpose is to provide residential parcels with direct access to an airstrip. The parcels have been planned to all have suitable areas to construct the building pads for residences and airplane hangars, with driveways, and on-site wastewater disposal systems.

Description of Proposed Work: The applicant proposes to discharge up to 46,840 cubic yards of granular fill material into 12.5 acres of wetlands to construct an airpark.

Work would involve construction, reconstruction, and widening of public roads for access to the subdivision parcels, widening and final capping of a partially constructed airstrip, and constructing building pads for residences with airplane hangars, driveways, and on-site wastewater disposal systems. The proposed project would involve the construction of 7,000 linear feet of new KPB road, reconstruction of 550 feet of existing KPB road, and widening of up to 4,600 linear feet of existing KPB road. The project proposes the widening and placement of a granular structural section cap on a 5,000-foot-long partially constructed airstrip.

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: Project design exhibits have been developed for each parcel and indicate the required locations of driveways, shared driveways, and preferred building site sizing and orientations. Impacts to wetlands have been tabulated for each parcel and these exhibits and impact limits will be part of the permit. The design exhibits focus development within uplands as much as feasible.

2) Minimization: The applicant states that individual parcel area and fill volume impacts within wetlands have been limited to the amount necessary for reasonable development of driveways, building pads, and septic systems. The proposed plan provides easements to construct shared driveways from public roads and airplane taxiways to the airstrip for adjacent properties, where feasible. The applicant proposes using engineered geotextiles to reduce the public roadway and driveway structural section depth and footprint area. The applicant plans to create a homeowner association that will enforce the covenants, conditions, and restrictions and review the development on each parcel to ensure that development does not impact wetlands more than permitted. Electric, gas, and telecom service trenches would be installed within the driveway footprint wherever possible through wetlands to limit further wetland impacts from separate utility trenching.

3) Mitigation: The proposed development plan and impact limits shall preserve 36.037 acres of wetlands from future development.

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.