Notice of Application for State Water Quality Certification

Public Notice (PN) Date: March 11, 2025              PN Reference Number: POA-1993-00425
PN Expiration Date: April 11, 2025                                              Waterway: St. Herman Bay

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-1993-00425 v1.0 or on or before the public notice expiration date listed above.

Applicant: City of Kodiak, Josie Bahnke, 710 Mill Bay Road, Kodiak, AK 99615, (907) 486-8649; jbahnke@city.kodiak.ak.us

Agent: Solstice Alaska Consulting, Inc., Carrie Connaker, 2607 Fairbanks St., Suite B, Anchorage, AK 99515; (907) 929-5960; carrie@solsticeak.com.

Project Name: Kodiak St. Herman Harbor Infrastructure Replacement Project

The dates of the proposed activity are planned to begin and end: 04/01/2026 to 12/31/2030

Location: The proposed activity is located within Section 5, 6, T. 28S, R. 19W, Seward Meridian, in Kodiak Island Borough, Alaska. Project Site (Latitude, Longitude): 57.778935, -152.41203.

Purpose: The applicant’s stated purpose is to reconstruct the deteriorating St. Herman Harbor on the southwestern shore of Near Island.

Description of Proposed Work: The harbor was originally constructed in 1982 by the State of Alaska. The harbor has 15 main floats, 13 of which are the original floats installed in 1982. The U.S. Army Corps of Engineers (USACE) installed a rubble-mound breakwater in 1997, maintains a navigation channel through the harbor, and performs maintenance dredging as needed in the harbor to keep the harbor and navigation lane clear of obstructions and avoid vessel groundings.

The harbor currently accommodates 328 vessels ranging from 20 to 150 feet (ft) in length, from small recreational boats to large commercial fishing vessels. A shallow area in the harbor has historically caused difficulty with navigation and in one instance led to a vessel grounding. Most of the harbor features depths of at least 12 ft below MLLW; these “high spots” range from 8 to 10 ft deep.

The project proposes to remove 12 of St. Herman Harbor’s existing concrete main walks and slip floats (EE, E, F, G, H, I, J, K, L, Q, R, and S) and associated 656 steel and timber piles. These components would be replaced with 14 new floats and associated piles. Other float components such as bull rails, fenders, mooring cleats, pre-cast concrete dock surface, and utilities would also be installed. The existing M and N floats and main walk P would remain in place and would not be modified or removed.

In-water components to be installed (to support the harbor floats):

• One hundred (100) 24-inch diameter temporary steel piles to guide the permanent piles into place.
• Forty-one (41) 16-inch diameter permanent steel piles.
• Seventy-eight (78) 18-inch diameter permanent steel pile.
• Twenty-two (22) 20-inch-diameter permanent steel piles
• One hundred twenty-five (125) 24-inch-diameter permanent steel piles
• Fifty-two (52) 30-inch diameter permanent steel piles.

The proposed project would use a hydraulic hammer and excavator to dredge approximately 1,900 cubic yards (CY) of material from the shoal to an elevation of 12 ft below MLLW to maintain appropriate depths for vessel maneuvering and mooring. Based on reports from the USACE’s navigation channel dredging project in 2013 where the USACE was able to successfully remove bedrock from the navigation channel without blasting, it is expected that the material will be able to be removed without the need for blasting. The dredged material is planned to be loaded onto a barge and disposed of in the adjacent quarry on Near Island.

Additional Information: The city plans to request an Incidental Harassment Authorization (IHA) from NMFS for take of two ESA-listed species (humpback whale and Steller sea lion) and four MMPA-listed species (Dall’s porpoise, harbor porpoise, killer whales, harbor seals) by harassment from in-water construction noise. The City would also request an IHA from USFWS for take of two ESA-listed species (northern sea otter and Steller’s eider). There is no plan to request take of any other species because the project will implement shutdowns during in-water construction if any other protected bird or marine mammal species appears likely to enter their level B harassment zone.

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: The project uses a design that incorporates the smallest-diameter piles practicable while still minimizing the overall number of piles. The dredged material from the harbor would be disposed of in an uplands location.
2. Minimization: Spill response equipment will be kept on-site during construction and operation. Plans for avoiding, minimizing, and responding to releases of sediments, contaminants, fuels, oil, and other pollutants will be developed and implemented.
3. General Construction Mitigation Measures:

   The project uses the most compact design possible, while meeting the demands of the vessels City of Kodiak St. Herman Harbor Infrastructure Replacement Project October 2024; Updated January 2025 that would use the facility.

   • Wood that has been surface or pressure-treated with creosote or treated with pentachlorophenol will not be used. If treated wood must be used, any wood that comes in contact with water will be treated with waterborne preservatives in accordance with Best Management Practices developed by the Western Wood Preservers Institute. Treated wood will be inspected before installation to ensure that no superficial deposits of preservative material remain on the wood.
   • Plans for avoiding, minimizing, and responding to releases of sediments, contaminants, fuels, oil, and other pollutants will be developed and implemented.
   • Spill response equipment will be kept on-site during construction and operation.
   • Floats or barges will not be grounded at any tidal stage.
   • The project uses a design that incorporates the smallest-diameter piles practicable while still minimizing the overall number of piles.
   • Noise associated with in-water pile driving will be localized and temporary.
4. Mitigation: Wood that has been surface or pressure-treated with creosote or treated with pentachlorophenol will not be used. If treated wood must be used, any wood that comes in contact with water will be treated with waterborne preservatives in accordance with Best Management Practices developed by the Western Wood Preservers Institute. Treated wood will be inspected before installation to ensure that no superficial deposits of preservative material remain on the wood.

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.