Notice of Application for State Water Quality Certification

Public Notice (PN) Date: February 13, 2025     PN Reference Number: POA-2023-00433
PN Expiration Date: March 16, 2025                                                Waterway: Sitka Harbor

**This notice has been updated to correct the permit number**


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 email to the DEC email address: DEC-401Cert@alaska.gov with the subject line referencing Public Notice Reference Number: POA-2023-00433 or on or before the public notice expiration date listed above.

Applicant: City and Borough of Sitka, Joseph Bea, 100 Lincoln St., Sitka, AK 99835, (907) 747-1803; joseph.bea@cityofsitka.org

Agent: DOWL, Josh Grabel, 5015 Business Park Blvd #4000 Anchorage, AK 99503; (907) 562-2000; jgrabel@dowl.com.

Project Name: New Sitka Seaplane Base

Dates of the proposed activity are planned to begin and end: 04/01/2027 to 10/31/2029

Location: The proposed activity is located within Section 34, 35, T. 55S, R. 63E, Copper River Meridian, in City and Borough of Sitka, Alaska. 19206000. Project Site (Latitude, Longitude): 57.054200, -135.35515.

Purpose: The purpose of the Project is to provide safe and reliable seaplane access to Sitka by constructing a new Sea Plane Base (SPB) and deactivating/decommissioning the existing 65-year-old base which is at the end of its useful life and in poor condition. The project is needed to address capacity, safety, operational, and condition deficiencies at the existing SPB, which is located in a congested location with conflicting adjacent uses and has insufficient capacity and space to accommodate current and future demand. It has poor, unsafe dock conditions for fueling and maneuvering, is adjacent to a congested sea lane, and has only eight docking spaces which are reduced to four during low tide. The current SPB also has wildlife conflicts with a nearby seafood processing plant and requires pilots to navigate a busy channel with ship traffic.

Description of Proposed Work: The project would construct an approximately 3.86-acre gravel pad in uplands, wetlands, and waters of the U.S. on which a haul-out ramp and approach dock would be based. The pad would also provide space for vehicle turnaround, parking, basic amenities, curb, vehicle driveway, security fencing, and landscape buffer. Material would be excavated from the side slopes above Sitka Channel to level the proposed fill pad, including from wetlands mapped during the 2020 wetland delineation. The Project would place fill in 0.06 acres of wetlands above HTL, 0.15 acres of intertidal waters between HTL and MWH, and 2.24 acres in marine waters below MHW, resulting in 2.45 acres of fill impacts in WOUS subject to Section 404 of the CWA. Additionally, approximately 0.97 acres of structures below MWH will be placed to support floats, ramps, and a bridge in marine waters.

The proposed action will construct a new SPB in Sitka Channel and deactivate the existing SPB. The current proposed action consists of the following:

Marine Components (0.97 acres in waters of the U.S.)

• Seaplane Ramp Float to support 10 Cessna and 4 Beaver seaplane berths
• Transient/Loading Dock
• Drive-Down Float
• Transfer Bridge
• Approach Dock foot approach dock on pile foundation

Fill Material in Section 10/404- Base Parking Area and Approach (2.45 acres in waters of the U.S.)

• Seaplane Haulout Ramp
• Utilities include electricity, water, and lighting
• Security fencing
• 14 Parking spaces
• Vegetative Buffer
• Access Driveway
• Covered Shelter
• Other Services (locations to be determined at the next design phase)
• Aircraft tie-downs
• Maneuvering room
• Fire Truck Access
• Restroom

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: Avoidance: Avoiding impacts to the waters of the U.S. is not practicable. Wetlands and tidal waters are unavoidable due to the size requirements of the fill pad in proximity to deeper waters to meet the project purpose and need. In addition, the existing parcel size above the High Tide Line is not sufficient to accommodate project infrastructure and must be expanded into Sitka Harbor.

• The gravel-topped fill pad size requirement is based on the proposed seaplane parking, vehicle parking, Seaplane Haulout Ramp, and maneuvering requirements of multiple vehicles with seaplane operations.
• The wetlands identified during the 2020 wetland delineation are centrally located within the parcel and avoidance is not practical.
• FAA planning criteria for seaplane bases recommends at least 4 feet of water for seaplane bases, necessitating structures out to the required depth in Sitka Harbor.
• No design alternative completely avoided the waters of the U.S.

b. Minimization: Emphasis has been placed on minimizing unavoidable impacts to the waters of the U.S. by limiting fill discharges to the minimum amount and size necessary to achieve the project purpose.

Design Methods:

• The proposed fill material and seaplane floats in Sitka Harbor are the minimum fill and structures needed to meet the project purpose.
• For fill pad concepts, Concept F had the largest fill footprint in waters of the U.S. while Concept B had the smallest fill footprint in waters of the U.S. Ultimately, Concept F was selected based on the size and layout of the fill pad features required to meet the project purpose. All the features would not fit within a smaller landward footprint and still meet FAA requirements.
• Concept F removed a 2,400-square-foot building from the fill pad to reduce impacts to Sitka Harbor. This design change further reduced the fill footprint in the waters of the U.S.
• Most of the parcel 19208000 at 1190 Seward Avenue is uplands except for 0.06 acres of wetlands.
• Marine Concept 8 removed breakwater features and minimized structures in Sitka Harbor.

Construction Methods

• Construction activities would be conducted according to the APDES Alaska Construction General Permit including a SWPPP identifying appropriate BMPs to use during construction to prevent erosion and untreated runoff from reaching nearby waterbodies.

c. Mitigation: Compensation: The project has been designed to minimize impacts to waters of the U.S. to meet the project purpose and site selection criteria.

• The existing floats and ramps would be removed from the existing seaplane location, but piles would be left in place.
• Approximately 2.45 acres of Section 404/10 wetlands and waters of the U.S. would be impacted by the proposed fill and excavation activities.
• Compensatory mitigation would be provided by purchasing credits from a mitigation bank or in-lieu fee program to replace functions lost from aquatic resources.

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 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 before the expiration/closure date of this public notice to ensure that any necessary accommodations can be provided.