Notice of Application for State Water Quality Certification

Public Notice (PN) Date: March 24, 2025       PN Reference Number: POA-2024-00576 v1.0
PN Expiration Date: April 24, 2025                                                       Waterway: Crab 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-2024-00576 v1.0 on or before the public notice expiration date listed above.

Applicant: Shaan-Seet Inc, Edward Douville, 501 Main Street, Craig, AK 99921, (907) 826-3251; eddouville@shaanseet.com

Agent: R&M Engineering-Ketchikan, Inc, Trevor Sande, 7180 Revilla Road, Suite 300 Ketchikan, AK 99901; (907) 225-7917; trevorsande@rmketchikan.com.

Project Name: False Island South Access and Development

The dates of the proposed activity are planned to begin and end: 11/04/2024 to 11/28/2025

Location: The proposed activity is located within Section S5, T. 74S, R. R81E, Copper River Meridian, in Prince of Wales-Hyder Census Area, Alaska. Project Site (Latitude, Longitude): 55.487288, -133.14097.

Purpose: The purpose of this project is to develop a seafood-based industrial park adjacent to the existing Silver Bay Seafoods plant.  The location has been selected where some services can be shared between tenants, there is access to the City of Craig’s utilities, and there is access to deep water for mooring of vessels to load and offload materials.

Description of Proposed Work: The applicant proposes to discharge 40,800 cubic yards of shot rock,1,159 cubic yards of riprap, and 3,100 cubic yards of D-1 surfacing material into 3.39 acres of estuarine wetlands to create access and develop the south side of False Island.

Specific plans include constructing a 186-foot-long by 24-foot-wide gravel roadway, an 80-foot-long by 20x80-foot-wide steel bridge supported with concrete abutments on each end and two (2) 16-inch diameter steel pilings at mid-span.

To develop the multi-use mariculture and seafood industrial park, shot rock material would be discharged between the mean high-water mark (-9.2 feet) and the high tide line (HTL) (-12.8 feet) to construct two (2) new 100-foot by 250-foot buildings and one (1) 100-foot by 200-foot building and parking lots for all three buildings.

A 430 linear foot stacked rock wall would be constructed on the west side of the island to retain the fill material and provide erosion protection.

Additionally, the applicant proposes to construct two (2) concrete dock floats. A 20-foot wide by 260-foot-long concrete pier supported by fourteen (14) 18-inch diameter steel pilings would lead to a 40-foot wide by 100-foot-long concrete float, which would be supported by twenty-eight (28) 18-inch steel piles. The concrete float would be attached to a 6-foot wide by 70-foot-long gangway leading to a 12-foot wide by 120-foot-long concrete float supported by seven (7) 12-inch diameter steel pilings.

Total project consists of 4.9 acres of filled area with 3.86 acres located in wetlands that are primarily intertidal.

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 states that avoidance is not possible since the proposed project is water dependent with 49% of the site being below the HTL. The applicant states that above the HTL there are not wetlands, which is unusual for the region. The applicant states that the property was selected due to its proximity to the City Icehouse, the Silver Bay Seafoods facility, and the proximity to clean salt water for processing, since much of the area south of Craig is within the City Treatment Plant mixing zone.
2. Minimization: The applicant states the proposed project is the minimum plan for the expected growth of mariculture in the region and the docks and access road are sized to be the minimum practicable to serve the proposed three (3) processing buildings. The applicant states that to minimize the impacts to wetlands and waterways during development of the site, an extensive Storm Water Pollution and Prevention Plan (SWPPP) would be put in place. The contractor performing the work would apply permanent and temporary soil stabilization and erosion controls, including but not limited to maintaining control areas for entering and exiting equipment and trucks, installing silt fences, sediment containment ponds and ditching, and reseeding-vegetating disturbed areas not slated for further development. The marine contractor would utilize a crane/spud barge for the marine work. Pile installation would start with a vibratory hammer; if embedment is not achieved, then an impact hammer would be used to finish installation. The applicant states both pile installation methods have negligible turbidity effects.
3. Mitigation: The applicant does not propose compensatory mitigation. The applicant states they have been unable to identify a relevant project in Craig to use as compensatory mitigation due to a lack of a local preservation council.

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 907-269-6096.

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.