Notice of Application for State Water Quality Certification

Public Notice (PN) Date: March 12, 2025       PN Reference Number: POA-2025-00095 v1.0
PN Expiration Date: April 14, 2025                                              Waterway: Eastern Passage

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-2025-00095 v1.0 or on or before the public notice expiration date listed above.

Applicant: City & Borough of Wrangell, Mason Villarma, PO Box 531, Wrangell, AK 99929, (360) 981-1010; mfvillarma@wrangell.com

Agent: Tydi Creek Environmental, Tyler Riberio, PO Box 2105 Wrangell, AK 99929; (907) 957-4438; tydicreekenvironmental@gmail.com.

Project Name: Wrangell Monofill Site

The dates of the proposed activity are planned to begin and end: 04/01/2025 to 12/31/2055

Location: The proposed activity is located within Section 29, T. 062S, R. 084E, Copper River Meridian, in City & Borough of Wrangell, Alaska.  Project Site (Latitude, Longitude): 56.472500, -132.34710.

Purpose: The existing monofil site operated by the City and Borough of Wrangell is reaching maximum capacity. The community needs a place to dispose of waste excavation from construction projects (concrete, etc.).

Description of Proposed Work: The proposed project would construct a site to dispose of unclassified waste excavation from public and private construction projects in Wrangell, Alaska. The project would entail the mechanical clearing of approximately 8.9 acres of wetlands, constructing an access road to the site, and discharging 750,000cy of unclassified fill material into those lands. This site is planned to be in operation for approximately 30 years.

Additional Information: The proposed monofill site would be located adjacent to the existing monofill site to have access to the existing operation building facilities.

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: A wetland investigation conducted at the project site found evidence that the entirety of the site is likely within wetlands or other WOTUS. Because of the prevalence of wetlands throughout Southeast Alaska, it is not practicable to select an upland site of suitable size that would accommodate the proposed project. Although the project site is assumed to be entirely within WOTUS, measures have been incorporated into the project to avoid certain impacts to WOTUS within and surrounding the project site.
2. The applicant has selected the project site to be contiguous with an identical use of land adjacent to the proposed project. Developed facilities for the adjacent, existing monofill site – namely, road access and utilities – are present, which will allow the applicant to avoid impacts associated with road construction and utility installation that may be required at other prospective sites. Although some road construction and utility installation may be required for the proposed project, it is assumed that selection of a different site would result in increased impacts from developing these facilities. In addition, selecting a site with an identical adjacent land use avoids land use impacts that would be sustained at other sites. The original site boundaries identified by the applicant included approximately nine acres of wetland disturbance. The applicant has minimized this impact by designing the project to follow the natural contours of the land, thereby avoiding impacts to approximately 3.25 acres of wetlands. The proposed project incorporates a physical buffer around the sole stream located within the project site. As such, impacts to these waters through direct construction and associated water quality impairment are avoided. Similar buffers are provided at project boundaries to reduce sediment-laden runoff. As such, impacts to those waters are also avoided.
3. Minimization: Due to the nature of the proposed use, minimization of impacts to WOTUS is challenging. As is stated above, the applicant has incorporated buffers at the boundaries of the project site to minimize impacts associated with sediment-laden runoff from waste excavation deposited at the project site. The project is also designed to follow the natural contours of the land, which will minimize the disturbance that the project has to the existing hydrologic regime. In addition, the maintenance of 3:1 side slopes of finished surfaces will also minimize discharges of sediment. The proposed project will be phased, as practicable, to construct the site using only one side of the stream at a time. This measure will minimize impacts to WOTUS by limiting the area of exposed soil during construction and operation of the site. Culverts will be constructed along the proposed access roads to convey discrete drainages in addition to conveying stormwater. This measure will serve to maintain the hydrologic regime within the project area during construction and site operation. The applicant is open to incorporating practicable minimization measures into the project that are identified during the permitting process.
4. Mitigation: Mitigation measures incorporated by the applicant into the project center around restoration of the permit area after operations have ceased. After the site is closed, the applicant will:

• Ensure that the permit area is graded to promote and maintain surface water runoff without causing ponding or erosion.
• Install one foot of final cover over all filled area and at least six inches of topsoil to promote adequate water retention for successful re-vegetation.
• Within the first growing season following site closure, re-vegetate the permit area using plant species recommended by the Alaska Plant Materials Center.

This on-site mitigation will eliminate the potential for impacts to WOTUS after the site is closed. As is stated above, the applicant has cited the proposed project in a watershed that is previously disturbed and contains similar land uses. The surrounding area has been disturbed by residential, commercial, and institutional development as well as recreational development, timber harvest, road development, and material extraction. The project site is located within a watershed containing approximately 1050 acres of land. Approximately 160 acres – or approximately 15% – of the watershed has been previously disturbed by the uses as mentioned above. The proposed project would disturb only 0.5% of land within the watershed; this disturbance amounts to approximately 3.5 percent of the existing disturbance within the watershed. Given the relatively small level of impact that the project will have on WOTUS within an already-disturbed watershed, the applicant is not proposing to conduct compensatory mitigation for the proposed project.

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.