Notice of Application for State Water Quality Certification

Public Notice (PN) Date: March 21, 2025       PN Reference Number: POA-1979-00412 v1.0
PN Expiration Date: April 21, 2025                                                      Waterway: Knik Arm

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-1979-00412 v1.0 or on or before the public notice expiration date listed above.

Applicant: Matanuska-Susitna Borough, Donald Jourdian, 350 Dahlia E Ave, Palmer, AK 99645, (907) 861-7707; donald.jourdian@matsugov.us

Agent: Moffatt & Nichol, tmeyers@moffattnichol.com tmeyers@moffattnichol.com, 880 H Street Anchorage, AK 99501; (206) 501-2319; tmeyers@moffattnichol.com.

Project Name: Knik Arm Matanuska-Susitna Borough Port Mackenzie Barge Ramp

Dates of the proposed activity are planned to begin and end: 06/01/2025 to 06/01/2026

Location: The proposed activity is located within Section 25, T. 14N, R. 4W, Seward Meridian, in Matanuska-Susitna Borough, Alaska. 541720000000. Project Site (Latitude, Longitude): 61.268081, -149.91830.

Purpose: The applicant’s stated purpose is to construct a new sloped haul-out ramp for marine barges and other watercraft at Port Mackenzie. The ramp would allow barges to be grounded on a rising tide and then pulled up onto uplands for storage and inspection. Barges would be rolled up the ramp using airbags commonly used for ship launching combined with winches attached to heavy equipment. Relaunching could occur similarly. The ramp has been designed to be capable of accommodating a wide range of shallow draft vessels including smaller to medium-sized barges, landing craft, fishing boats, tugs, and other small craft. It is anticipated that small commercial vessel operators will be the primary users of this facility, and the haul out of barges will be infrequent. The ramp may have future uses including the occasional offloading of cargo, launching/haul out by hydraulic trailer, and other specialized operations.

The proposed haulout is intended to improve existing infrastructure to increase frequency and diversity of use at the Port, thereby reducing land transportation from other ports; and to serve as a backup facility in the event of disruption to the Port of Alaska or road or rail supply lines.

Description of Proposed Work: The applicant proposes to discharge 10,300 cubic yards of rip rap and 49,300 cubic yards of sand and gravel fill into 2.8 acres of Knik Arm below the high tide line (HTL). Prior to ramp installation, approximately 3,050 cubic yards of riprap and 38,500 cubic yards of soft marine deposits would be excavated from the same 2.8-acre footprint. Excavated riprap would be temporarily stockpiled on the Port uplands and reused to armor the toe of the new ramp, resulting in a net volume of 43,000 cubic yards of fill. Excavated sediments would be disposed of at a nearby upland disposal facility.

Following excavation activities, sand and gravel would be trucked in from a nearby upland borrow pit (Lorraine Pit) and end-dumped starting just above the high tide line and moving seaward. As fill advances seaward, work would be timed with low tides. Sand and gravel fill would likely be compacted with a vibratory compactor. The toe and sides of the fill would be sloped and armored with riprap.

The project is anticipated to take up to 5 months of work, between May and November, depending on ice levels. Construction activities would include excavation, riprap removal, and placement of fill and riprap, and require the use of an excavator, trucks, a front-end loader, and a vibratory plate or smooth drum compactor. Work would occur from land and in the dry when feasible. If in-water work would occur, it would be limited to the placement of rock or fill with a front-end loader and/or excavation activities.

Table 1. Excavation and fill volumes

1 May include riprap previously removed from embankment and stockpiles within the Port's adjacent upland area.

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 applicant stated that the ramp has been designed to provide the smallest feasible footprint while meeting the project goals. Given the nature of the project as a barge haulout facility and its dependence on marine access, avoidance altogether is impracticable.
   1. To the extent feasible, construction work shall be performed in the dry. This will include working at lower tides when feasible. It is anticipated that all of the ramp can be constructed in the dry at low tides, however for the purpose of this application, it is assumed that some in-water work could be required. If in-water work occurs, it would be limited to the placement of rock or fill with a front end loader and excavation activities.
   2. Construction equipment shall not be operated below the HTL (or other noted jurisdictional line within applicable federal and state permits) if equipment is leaking fuel, oil, hydraulic fluid, or any other hazardous material. Equipment shall be inspected on a daily basis for leaks. If leaks are found, the equipment shall not be used and pulled from service until the leak is repaired.
2. Minimization: The applicant stated that the project footprint was designed and oriented to be as minimal as possible given the project purpose, tidal conditions, vessel drafts, and operational slope requirements. The proposed haulout was designed to only be accessible during mid-to-high tides greater than +24 feet MLLW. Additionally, construction would be performed in the dry, including at lower tides, to the extent feasible. The applicant anticipates that the entirety of the ramp could be constructed in the dry at low tides, but for the purpose of this application, has assumed that some in-water work may be required. For further minimization, the applicant intends to use the following best management practices (BMPs):
   
   1. Excavated material would be stockpiled and disposed of in upland sites to prevent erosion and subsequent sedimentation into waters of the U.S.
   2. Fill material would be clean and free from petroleum products and contaminants in toxic amounts.
   3. A spill prevention, control, and countermeasures (SPCC) plan would be prepared and used during all construction operations. The plan would include the following:
      1. BMPs, responsive actions in the event of a spill or release, notification and reporting procedures, and management elements, such as personnel responsibilities, project site security, site inspections, and training.
      2. Measures to prevent the release or spread of hazardous materials used during site activities or encountered on-site during construction but not identified in contract documents, including any hazardous materials that are stored, used, or generated during excavation activities. These items generally include, but are not limited to, gasoline, diesel fuel, and oils.
      3. Applicable spill response equipment and materials to be maintained at the job site.
      4. Reasonable precautions and controls to be used to prevent incidental and accidental discharge of petroleum products or other hazardous substances.
      5. Fuel storage and handling activities for equipment so there is no petroleum contamination of the ground, subsurface, or surface water bodies.
      6. Spill response equipment and supplies to be used immediately to contain and clean up oil, fuel, hydraulic fluid, antifreeze, or other pollutant spills; any spill amount would be reported in accordance with applicable state requirements.
      7. Restrictions on construction equipment being operated below the HTL (or other noted jurisdictional line within applicable federal and state permits) if the equipment is leaking fuel, oil, hydraulic fluid, or any other hazardous material. Equipment would be inspected on a daily basis for leaks. If leaks are found, the equipment will be restricted from use and pulled from service until the leak is repaired.
3. Mitigation: Impacts on water quality are anticipated to be negligible and therefore mitigation is not proposed.

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.