Notice of Application for State Water Quality Certification

Public Notice (PN) Date: March 12, 2025                PN Reference Number: ER-25-001 v1.0
PN Expiration Date: April 14, 2025                                                Waterway: Skagway 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: ER-25-001 v1.0 or on or before the public notice expiration date listed above.

Applicant: US Army Corps of Engineers, Alaska District, matthew.w.ferguson@usace.army.mil matthew.w.ferguson@usace.army.mil, 2204 Third St, JBER, AK 99506, (907) 753-2711; matthew.w.ferguson@usace.army.mil

Project Name: Skagway River Levee Repair

The dates of the proposed activity are planned to begin and end: 10/01/2026 to 04/30/2027

Location: The proposed activity is located within Section 11, T. 28S, R. 59E, Copper River Meridian, in Municipality of Skagway, Alaska, Project Site (Latitude, Longitude): 59.459616, -135.31864.

Purpose: The USACE proposes to construct emergency repairs to the Skagway River levee in Skagway to restore flood risk management capabilities. The Skagway River levee protects public infrastructure and residential, commercial, and historical properties from flooding. The levee was damaged by significant flood events in 2022. Damages included a severe loss of the levee toe and riverward armor stone. If the levee is not repaired, erosion will continue. The Skagway Airport runway could become unusable.

Description of Proposed Work: The proposed repairs to the levee would include the placement of new rock to restore the level of protection to that of the original design. A small amount of quarry run rock would be placed to restore the design slope and a more substantial quantity of armor stone would be placed to restore the width of the levee and enhance scour protection. Levee reaches, where the toe of the existing levee is buried by the natural aggradation of sand, would be excavated to allow access to the levee toe. The specific repair needs of the levee vary by reach, but the generic project description is substantially comprehensive.

Repair in place includes a construction length of approximately 6,500 linear feet, which will reconstruct the riverward levee side slopes and toe with Class IV riprap for the entire length of the repairs. Approximately 40,000 cubic yards of armor stone and 5,000 cubic yards of quarry run rock would be required to repair the levee. Rock used would be provided by the contractor and subject to Corps specifications. The Corps assumes the rock would be sourced from an existing local quarry.

Approximately 15,000 cubic yards of sand would be excavated to allow access to the levee toe. The excavated material would be used to construct sacrificial berms on the sandbars to temporarily divert floodwater away from the levee.  Excavated material would be restored to the toe of the levee after levee repairs are completed.

Based on the amount of Class III armor stone that was displaced during the flood of record, it was deemed critical to increase the armor stone size for stability and longevity of the structure. Increases in armor stone size are authorized from updated scour analysis. This will entail reshaping the riverward slope to a 1.5H:1V side slope, restoring the riverward toe to its original design width, and adding a one stone thickness Class IV riprap armor layer over the existing levee. Due to scour and erosion of the existing slopes, Class II riprap will be used to reshape the existing structure with a 1.5H:1V side slope before the addition of Class IV riprap.

The construction work would be substantially completed by shore-based equipment. Work would take place during the winter to minimize impacts to aquatic resources and minimize impacts to construction due to flooding.

Additional Information: Construction of the Skagway River Levee was authorized by the Rivers and Harbors Act of June 20, 1938. The act, as adopted, provided for a rock, brush, and earth training dike 6,700 feet long on the east bank of the Skagway River, and a rubble-mound breakwater 1,800 feet long across the tide flats as a prolongation of the training dike. The project authorization was subsequently modified by the Flood Control Act of July 24, 1946. This act, as adopted, provided for (1) restoration of the existing breakwater (1,800 ft) to the original project cross-section, construction of a 300-foot extension thereto, and the addition of two groins on the river side, (2) reconstruction and extension of the existing training dike (6,700 ft) adjacent to the city, and (3) reconstruction of the existing dike at the sanatorium. Public Law 99-662, November 17, 1986, deauthorized the modifications authorized in 1946, except for the 6,700 ft training dike and the 1,800 ft breakwater.

Airport expansion encapsulated all but a roughly 1,300-foot portion of the training dike in 2001, with side slopes of the runway being integrated into the project footprint. The airport modifications were submitted through the 408 Federal project modification process and approved by USACE. In 2007, the training dike was renamed the Skagway River Levee. The present-day Skagway River Levee extends from the river mouth upstream approximately 6,700 feet to the Klondike Highway (23rd Avenue) bridge, near the upstream end of the municipality. In the undamaged condition, the levee protects overtopping up to the 1% annual exceedance probability (AEP) flood event.

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: Work would be conducted during the winter when water levels are naturally low.
2. Minimization: Construction would occur during the winter when water levels are low to minimize impacts to aquatic resources
3. Mitigation: No mitigation proposed because this is a maintenance project and the additional toe width is minor within the context of the river channel.

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.