Notice of Application for State Water Quality Certification

Public Notice (PN) Date: January 28, 2025     PN Reference Number: POA-2024-00594 v1.0
PN Expiration Date: February 27, 2025                                             Waterway: Klawock Inlet

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-2024-00594 v1.0 or on or before the public notice expiration date listed above.

Applicant: None, Robert Anderson, PO Box 135, Klawock, AK 99925, (206) 910-7702; bobandersonfire@gmail.com

Agent: R&M Engineering-Ketchikan, Inc, Trevor Sande, 7180 Revilla Road, Suite 300 Ketchikan, AK 99901; (907) 225-7917; trevorsande@rmketchikan.com.

Project Name: Anderson Boat Shop

Dates of the proposed activity is planned to begin and end: 01/01/2025 to 12/31/2025

Location: The proposed activity is located within Section S5, T. T74S, R. R81E, Copper River Meridian, in Prince of Wales-Hyder Census Area, Alaska. Project Site (Latitude, Longitude): 55.478110, -133.14488.

Purpose: The applicant’s stated purpose is to construct a two-finger boat dock to accommodate up to three (3) vessels.

Description of Proposed Work: This project consists of installing a new boat dock to accommodate three vessels. Construction will include a 60' aluminum gangway with a 15 cubic yard concrete abutment, 750 square feet of wood float, five new 12" diameter steel piles, 2000 cubic yards of dredging, 170 cubic yards of stacked rock wall, and 150 cubic yards of rip rap armor rock. Limit of dredging to -8 MLLW.

An 80 linear foot stacked rock wall and 40 linear foot rip rap armored slope will be constructed on the east side of the site to provide erosion protection. The Marine Contractor will utilize a crane/spud barge for the marine work. Piles will be started with a vibratory hammer if embedment is not achieved, an impact hammer will be utilized to finish the installation. Turbidity is negligible using these methods. ICE 216B Vibratory hammer maximum vibrations per minute (VPM): 1750, 50 tons driving force. ICEI-19 Impact hammer, 200 tons driving force.

Dredging is required to allow installation of the dock and provide vessels dock access. Construction will involve dredging and removing 2000 cubic yards of material consisting of beach gravel. The dredging will be performed using a track-mounted hydraulic excavator. Work will be performed at low tide to minimize impacting waterways

The dredged material that is clean rock and granular and is of beneficial use will be spread adjacent to the cut area and level the surrounding upland area. Material that is not suitable for building (containing silt, sand, and woody debris) will be loaded into 10-yard dump trucks and transported to a waste site owned and operated by Shaan Seet Incorporated. The waste site, known as the Shaan Seet 62 pit, is on Port St. Nicholas Road 2.0 miles from the project site by road.

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.

a. Avoidance: The applicant states avoidance is not possible since this project involves the construction of a residential boat dock in U.S. waters. Dredging is required to allow the approach and access of ocean vessels utilizing the dock. Fill is the minimal amount required to retain the bank of the excavated material for stability. The dock is sized and positioned to minimize the impact on waterways and the adjacent Craig Harbor.

b. Minimization: The applicant states the site is the minimum to plan and is sized to be the minimum practicable to serve the proposed dock. To minimize impacts to wetlands and waterways during the development of the site, an extensive stormwater pollution and prevention plan (SWPPP) would be in place. The contractor performing the site work must apply permanent and temporary soil stabilization and erosion controls, including but not limited to: maintaining control areas for entering and exiting the site with equipment and trucks, developing silt fences, sediment control ponds and ditching, and reseeding/revegetating disturbed areas not slated for further development. The marine contractor would utilize a crane/spud barge for the marine work. Piles would be started with a vibratory hammer. If embedment is not achieved, an impact hammer would be utilized to finish installation. Turbidity is negligible using these methods.

c. Mitigation: No mitigation is 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. 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.