Notice of Application for State Water Quality Certification

Public Notice (PN) Date: March 13, 2025       PN Reference Number: POA-2024-00614 v1.0
PN Expiration Date: April 14, 2025                                                Waterway: Boulder Creek

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-2024-00614 v1.0 or on or before the public notice expiration date listed above.

Applicant: Individual, Leva Leverenz, PO Box 60714, Fairbanks, AK 99706, (651) 331-1750; frognabit@gmail.com

Project Name: Leverenz Boulder Creek Mine Site

The dates of the proposed activity are planned to begin and end: 05/15/2025 to 10/15/2034

Location: The proposed activity is located within Sections 5,6,7, T. 008N, R. 014E, Section 31, T. 009N, R. 014E, Section 4, T. 008N, R. 014E, Section 32, T. 009N, R. 014E, Fairbanks Meridian, in Yukon-Koyukuk Census Area, Alaska.  Project Site (Latitude, Longitude): 65.545100, -144.93190.

Purpose: The applicant’s stated purpose is to placer mine for gold along Boulder Creek.

Description of Proposed Work: The permit application is associated with an after-the-fact (ATF) permit action for unauthorized work. Portions of the work have already been initiated. Unauthorized fill was previously discharged into 15 acres of palustrine scrub-shrub wetlands along Boulder Creek to conduct placer mining. A portion of the land was stripped of vegetation to prepare for mining, while other portions were mined and still require reclamation. Some reclamation was conducted sporadically.

Proposed future work would include reclamation of 4.5 acres of wetlands that were impacted by previous miners, and further placer mining and reclamation activities within the same 15-acre footprint of previous disturbance. Future placer mining work would occur in 400-foot x 200 foot (1.8 acres) mine cut sections, in accordance with the following sequence of activities:

• Vegetation and overburden would be cleared and piled alongside each cut in windrows.
• Within each cut, 50-foot x 200-foot-wide trenches would be excavated one at a time. A mobile wash plant would be situated on one end of the trench with the tailings conveyor and sluice box set to dump material directly into the trench. A water pump would be situated at the end of the trench to pump groundwater to the wash plant using a piping system. As the trench is excavated, water would pool at the end so it could be piped to the wash plant and eventually recirculate back to where it was pumped.
• Once a trench is mined, it would be backfilled in layers with coarse gravel and fine tailings. Then, overburden and organics would be spread on top and contoured to match the previous elevation and grade.
• No work or discharge of fill would occur below the ordinary high water (OHW) of Boulder Creek or within 50 feet of the channel. Reclamation of impacts to Boulder Creek from previous miners is not within the proposed scope of work for this permit.

The Applicant estimates that 96,800 cubic yards of washed pay dirt gravels will be discharged into 15 Acres of Waters of the US. 

Additional Information: The applicant has submitted applications for Permits to Mine in Alaska (APMA) number 2914, and Alaska Pollutant Discharge Elimination System (APDES) permit number AKG370D22.

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 site was selected over alternate sites based on historical evidence of rich gold deposits. Because gold deposits are known to occur within the alluvial valley of Boulder Creek, where wetlands are common, complete avoidance would be impractical. By using existing access routes and camp sites, further impacts would be avoided. Additionally, no work is planned within Boulder Creek.
2. Minimization: Minimization will be accomplished through reclamation, erosion, and water use practices. Reclamation will include backfilling mine cuts with in-situ materials layered by type: coarse gravel, fine tailings, overburden, and organics; and then compacted and graded to match pre-disturbance contours. Overburden and organics will be stockpiled at the edges of mine cuts; this, in conjunction with graded berms, will help prevent erosion during high water events. Additionally, no work would occur within 50 feet of the creek channel to prevent runoff or unintended discharge. To mitigate impacts to local wildlife, ramps would be placed at each non-active trench to allow for safe entry and exit. Additionally, water used for mining will be recirculated and self-contained to minimize impact to aquatic resources and wildlife.
3. Mitigation: The applicant stated that compensatory mitigation should not be required because they not only plan to fully reclaim their own placer mining impacts, but they have assumed the responsibility and associated expenses of reclaiming 4.5 acres of wetlands that were disturbed and abandoned by previous miners.

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.