PUBLIC NOTICE
Alaska Department of Environmental Conservation (DEC)
Wastewater Discharge Authorization Program/§401 Certification
555 Cordova Street, Anchorage AK 99501-2617
Phone: 907-269-6285 | Email: DEC-401Cert@alaska.gov

Notice of Application for State Water Quality Certification

Public Notice (PN) Date: July 8, 2025                        PN Reference Number: POA-2025-00140 v1.0
PN Expiration Date: August 7, 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-2025-00140 v1.0 or on or before the public notice expiration date listed above.

Applicant: Kawerak Inc., Benjamin Payenna, P.O. Box 948, Nome, AK 99762, (907) 443-4395; bpayenna@kawerak.org

Agent: Pederson Consulting Group, brianp@pcgeng.net brianp@pcgeng.net, 411 Deinhard LaneSuite 201, McCall, ID 83638; (907) 992-0046; brianp@pcgeng.net.

Project Name: Wales to Tin City Road

Dates of the proposed activity are planned to begin and end: 06/02/2025 to 10/30/2026

Location: The proposed activity is located within Section 35, T. 3N, R. 45W, Kateel River Meridian, in Nome Census Area, Alaska. Section 1-4, T. 2N, R. 45W, Kateel River Meridian, in Nome Census Area, Alaska. Project Site (Latitude, Longitude): 65.616730, -167.98529.

Purpose: The applicant’s stated purpose is to improve the surface transportation of goods and supplies, including fuels, between the barge landing at Tin City and the community of Wales. The proposed project was identified in the “Wales 2023-Long Range Transportation Plan” and would include structurally engineered and aligned roads with appropriate surface material, drainage provisions, and dust control. The proposed project would also include the construction of two bridges in order to improve access mobility.

Description of Proposed Work: The proposed project includes reconstruction of an approximate 4.25 mile stretch of existing road between Wales and Tin City, Alaska.  The upgraded segment starts 3.8 miles from Wales, just before Boulder Creek (an alluvial wash that transports water during spring thaw and flood cycles) and the current road traverses alongside and within the creek bed.  Approximately 47,000 cubic yards of fill material would permanently fill about 8.89 acres of palustrine wetlands and 0.04 acre of riverine areas, including 575 linear feet of creek for improvements along about 4.25 miles of existing roadway. The road upgrade starts 3.6 miles from the community of Wales, just before Boulder Creek in an alluvial wash that transports water during the spring thaw and flood cycles. The project would install a bridge over Boulder Creek and then tie the realignment into the existing road system once it is out of the creek bed. The upgraded road would include two 10-foot travel lanes for a total width of 20 feet and would have 2:1 (horizontal to vertical) side slopes. The Boulder Creek bridge would be a 26-foot-wide, 100-foot-long new steel girder bridge with concrete decking. A second bridge would be installed over Goodwin Creek, located at mile 3.2 along the proposed upgraded road, and would also be a 26-foot-wide, 100-foot-long new steel girder bridge with concrete decking. A third drainage improvement would be upgrading culverts over Granite Creek at mile 2.2. All three drainage improvements would better accommodate spring flooding and control road erosion compared to the existing conditions. Additional culvert upgrades are identified on the plan drawings. None of the three creeks are considered anadromous.  Material for the proposed project would come from existing road cuts and established gravel material sites along the proposed alignment. Staging areas for equipment and supplies would be at the current Tin City barge landing site and along the proposed alignment and be in uplands as determined by the contractor. Construction is expected to start in May and extend to October during a two-year time period. The final surfacing would be gravel aggregate with a dust palliative.

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 work is limited to the right-of-way boundary, which will avoid disturbance for any wetlands that are outside the roadway construction.
2. Minimization: The roadway was designed to minimize impacts to the wetlands. Minimization of impacts to wetlands and other waters would be accomplished by relocating the existing road from the streambeds at Boulder Creek and Granite Creek; installation of bridges at stream crossings at Boulder Creek and Goodwin Creek; installation of culverts, and BMPs to control excess erosion and sedimentation of waters and wetlands and improve hydrological biological connectivity; and revegetation of disturbed areas.
3. Mitigation: The project contractor will deploy BMPs in accordance with the project's Storm Water Pollution Prevention Plan. Compensatory mitigation is not being proposed for unavoidable impacts to wetlands because the project is providing mitigative measures to benefit the aquatic ecosystem. The current roadway traverses the creek beds of Boulder and Granite Creek, and the project would enhance downstream fish habitat by removing the impacts

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 Kristin Mabry, kristin.mabry@alaska.gov, 1-907-334-0884; 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.

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