Notice of Application for State Water Quality Certification

Public Notice (PN) Date: May 9, 2025           PN Reference Number: POA-2025-00146 v1.0
PN Expiration Date: June 9, 2025                                                   Waterway: Zimovia Strait

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-2025-00146 v1.0 or on or before the public notice expiration date listed above.

Applicant: Wrangell Storage LLC., Phillip Mach, PO Box 47, Wrangell, AK 99929, (907) 420-7755; phillip.mach@gmail.com

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

Project Name: Wrangell Storage

Dates of the proposed activity are planned to begin and end: 06/01/2025 to 12/31/2025

Location: The proposed activity is located within Section 30, T. 062S, R. 084E, Copper River Meridian, in City & Borough of Wrangell, Alaska. 03-002-300. Project Site (Latitude, Longitude): 56.462448, -132.37597.

Purpose: The purpose of the proposed project is to provide the community of Wrangell with commercial storage services.

Description of Proposed Work: The proposed project would discharge fill into wetlands and other Waters of the U.S. to construct a pad and commercial storage facility.

Table 1: Storage Yard Units by Type and Dimensions.

To fill 1.95 acres of palustrine wetlands with 50,000 cubic yards of fill material to construct a storage yard to accommodate an estimated 82 storage units. The proposed project would also include a 2-lane, 25-foot-wide access road located on the side of the storage yard and a 24-inch diameter by 30-foot-long culvert. Within the project footprint, peat would be excavated and disposed of at the existing monofill owned and operated by the City and Borough of Wrangell. Work is scheduled to begin in the Summer of 2025.

Additional Information: The proposed project lot has been rezoned from "single-family residential" to "Zimovia Highway mixed-use". In accordance with Wrangell Municipal Code 20.26.020, warehouses and enclosed storage units are a permitted principal use.

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 proposed project will not discharge material into any discrete conveyance. As such, no mobilization of sediment or turbidity is expected. The subject parcel is the sole site that is owned by the applicant. As is shown on the proposed project plan, the site is located almost entirely within wetlands or other Waters of the U.S. (WOTUS); other areas within the parcel that are not located in WOTUS are unusable due to topography (i.e., steep slopes) or are subject to construction restrictions due to zoning setbacks. As such, no other alternatives exist that avoid discharges to WOTUS. For the proposed project to be commercially viable, and thereby meet the project's purpose, the applicant must be able to utilize constructable area within the subject parcel. As such, reducing the size of the proposed improvements is not practicable to meet the project's purpose.
2. Minimization: Minimization measures include using non-erodible materials at 1.5:1 slopes to prevent sediment mobilization. The proposed project has been designed to allow the uninhibited flow of a stream located along the southern property boundary. In addition, a culvert would be installed under the driveway to maintain the hydrologic regime of the area.
3. Mitigation: The applicant is proposing to construct a commercial storage facility that would serve the community of Wrangell. These businesses have a historically low margin for profit due to the costs of construction and continuing operations. As such, the cost of any compensatory mitigation could be cost-prohibitive to the success of the project. The proposed project represents a minimal impact on a watershed that is predominantly undeveloped. Because of the disturbed nature of the watershed, the proposed impacts are of a type that would not significantly contribute to losses of watershed functions. Due to these factors, the applicant is not proposing compensatory mitigation.

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 Megan MacPherson at 907-269-7553, Megan.MacPherson@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.