Notice of Application for State Water Quality Certification

Public Notice (PN) Date: March 7, 2025                PN Reference Number: POA-1995-00935
PN Expiration Date: April 7, 2025                                            Waterway: Resurrection River

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-1995-00935 v1.0 or on or before the public notice expiration date listed above.

Applicant: Metco Alaska LLC., Cole Petersen, 2701 Seward Hwy, Seward, AK 99664, (907) 224-3151; cole@metcoalaska.com

Agent: Integrity Environmental LLC., Shannon Oelkers, 12110 Business Blvd. Eagle River, AK 99577; (907) 854-7347; shannon@integrity-env.com.

Project Name: Resurrection River Gravel Extraction

The dates of the proposed activity are planned to begin and end: 04/01/2025 to 10/31/2025

Location: The proposed activity is located within Section 27, T.1N, R.1W, T. Seward Meridian, R. A-7, Seward Meridian, in Kenai Peninsula Borough, Alaska. 14403028, 14403027, 14502131.

Project Site (Latitude, Longitude): 60.142100, -149.41910.

Purpose: The applicant’s stated purpose is to remove 80,000 cubic yards of gravel annually from the Resurrection River.

Description of Proposed Work: The applicant proposes to remove 80,000 cubic yards of gravel per year from below the ordinary high watermark (OHW) of the Resurrection River. Rubber-tired scrapers and loaders may be used to excavate gravel from exposed bars during low river stages. To remove gravel during the spring work period, the gravel bar may occasionally be ripped by bulldozers pulling rip blades to speed the thawing process. Gravel shall be removed in shallow, even lifts to not create depressions that might entrap fish. Gravel may be stockpiled below the OHW, but not in or near flowing water for several days during the process. All stockpiled gravel shall be removed before the river rises to the level of the stockpiles.

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: Waters of the U.S. could not be entirely avoided due to the project's involvement in the commercial removal of gravel from the riverbed. There are no wetlands in the area.Gravel shall be removed in shallow, even lifts so as not to create depressions that might entrap fish. Gravel may be stockpiled below the OHW, but not in or near flowing water for several days during the process.
2. Minimization: All stockpiled gravel shall be removed before the river rises to the level of the stockpiles. Reasonable precautions will be taken to avoid discharge of petroleum products.
3. Mitigation: Fuel storage and handling will be conducted away from the riverbed and in the designated fueling area, to avoid petroleum contamination of surface runoff and waterbodies.

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.