Notice of Application for State Water Quality Certification

Public Notice (PN) Date: February 12, 2025   PN Reference Number: POA-2025-00047 v1.0
PN Expiration Date: March 16, 2025                                 Waterway: Portage Creek Drainage

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-2025-00047 v1.0 or on or before the public notice expiration date listed above.

Applicant: Alaska Custom Mining, Chris Gerteisen, 1150 S. Colony Way, Ste. 3, Box 440, Palmer, AK 99645, (907) 707-6564; chris@novaminerals.com.au.

Project Name: Estelle Project - Korbel Trail

Dates of the proposed activity is planned to begin and end: 04/30/2025 to 10/31/2025

Location: The proposed activity is located within Sections 07, 11, 12, 17-24, 28, 29, T. 22 N., R. 18-20 W., Seward Meridian; beginning Latitude 61.96442º N., Longitude 152.58475º W, terminating at Latitude 62.00779º N., Longitude 152.90547º W.; about 45 miles west of Skwentna, Alaska.

Purpose: The purpose of the project is to provide reliable and cost-effective surface access for further exploration of identified critical minerals and precious metals prospects on applicants State of Alaska mining claims. All previous access to the existing prospects has been via helicopter.

Description of Proposed Work: The proposed project would involve construction of a 12.42-mile-long road between the Whiskey Bravo Airstrip and the Korbel mining exploration area at the head of the north tributary to Portage Creek. Construction would consist of improving 2.9 miles of existing trail north of the airstrip and building 8.5 miles of new road up the Portage Creek valley. The road corridor would be 30 feet wide with a 15-foot-wide driving surface. Cross drainage culverts measuring 24 inches in diameter would be installed to maintain hydrology in wetland areas and full-span timber frame bridges would be installed at 5 stream crossings. Three low water crossing locations would be established further up the watershed. Approximately 8,132 cubic yards of fill would be discharged into waters of the United States as part of the project, which would adversely impact approximately 2.55 acres of emergent, forested, and scrub shrub wetlands and 0.11 acres of intermittent and perennial stream habitat.

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 trail alignment was refined using LIDAR data to avoid and minimize wetland impacts as much as practicable considering terrain and safety concerns.  The project will implement 33 CFR 324.4 Part (6) Best Management Practices to minimize impacts during construction and operation.

b. Minimization: The applicant states that timber bridges would be installed on existing stream crossings in lieu of culverts to minimize impacts to wetlands and ensure fish passage. Minimization measures were incorporated into routing and design for crossing structures of fish bearing streams to limit direct and permanent impacts to fish bearing waters. The project will implement 33 CFR 323.4 Part (6) Best Management Practices to minimize water quality and inadvertent discharge impacts during construction and operation.

c. Mitigation: Mitigative measures were incorporated into the routing and design of fish stream crossings structures to minimize impacts during construction and operation of the trail to mitigate “direct and permanent” impacts to fish bearing waters. The footprint of these impacts in fish bearing streams is 0.11 acres does not meet the criteria of “more than minimal” (USACE, 2025, Section 2,C, (ii)) and will not “eliminate aquatic areas or convert one water type into another”, as defined in (USACE 2025, Section B).  Slope wetlands impacted due to topographical limitations are not rare or unique in this geographical area and drain culverts will be installed to preserve the function and value of shallow groundwater storage and flow across the project footprint.

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.