Notice of Application for State Water Quality Certification

Public Notice (PN) Date: July 10, 2025                        PN Reference Number: POA-2018-00302 v1.0
PN Expiration Date: July 25, 2025                                                              Waterway: Miluveach River

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-2018-00302 v1.0 or on or before the public notice expiration date listed above.

Applicant: Afognak Leasing, LLC, Ana Fisk, 3909 Arctic Boulevard, Suite 500, Anchorage, AK 99503, (907) 222-9579; afisk@afognak.com

Agent: Stantec, Victor Ross, 5005 West Stratford Court Wasilla, AK 99623; (907) 521-3588; victor.ross@stantec.com.

Project Name: Cama'i Gravel Pad

Dates of the proposed activity are planned to begin and end: 06/30/2025 to 06/30/2030

Location: The proposed activity is located within Section 4,5,33, T. 10 N., 11N., R. 8E, Umiat Meridian, in North Slope Borough, Alaska.  Project Site (Latitude, Longitude): 70.255700, -150.14080.

Purpose: The Applicant has proposed to continue construction of the Cama’i Pad previously authorized for construction by POA-2018-00302. The proposed pad would accommodate continued North Slope Oil & Gas energy development projects by providing new infrastructure to support the logistical, operational, and housing needs of various oil and gas operators on the North Slope. It would serve as a storage area for moveable buildings, camps, oilfield support equipment, supplies and modules, and a portion of the pad may be used for one or more work force personnel housing facilities.

Description of Proposed Work: The applicant proposes the discharge of approximately 135,500 cubic yards of fill, resulting in impacts to 16.24 acres of palustrine wetland to facilitate the completion of the Cama’i gravel pad. The project received prior authorization on May 15, 2019, though the work was not completed before the April 30, 2024, expiration. The original project intent was to construct the pad in three phases, though the original phasing timeline has passed; therefore, the project would be fully constructed with the issuance of this proposal.

The work completed under the previous authorization includes a portion of the Phase 1 gravel pad and two access roads, totaling 5.63 acres. The completed Cama’i pad would result in a total discharge of approximately 182,000 cubic yards of fill and a footprint area of 21.88 acres. The applicant’s stated purpose is to complete construction of the previously authorized Cama’i pad to provide North Slope oil and gas operators with space for the staging of materials and equipment.

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 project evaluated a suite of Best Management Practices (BMPs) to further avoid impacts from the proposed project.
   • Construction Methods:
     • Staging and flagging will occur along the project boundary prior to the commencement of construction. Throughout construction, vehicles will be operated in a manner to avoid disturbing, blading, or removal of tundra or vegetative cover. No off-road (tundra) travel would take place related to construction of the proposed project as existing roads provide direct site access. A layer of fill material at least four feet thick would be placed to maintain the integrity of permafrost, where present. Appropriately sized culverts will be placed where needed to maintain hydrologic connectivity of drainage patterns. Fill material would not be discharged within 100-feet of the high-tide line of any tidal water or the ordinary high-water mark of any lake, stream, river, pond, slough, or other non-tidal water. Gravel fill would be manually compacted to expedite the settling process.
   • Erosion Control Measures:
     • The project will comply with the State’s Water Quality Standards. Erosion control and construction methods will be described in the Stormwater Pollution Prevention Plan required by the State of Alaska. BMPs for road grading will be employed including proper ditch contouring and sizing; side slopes all fills would not exceed 3:1. BMPs for embankment stabilization will be employed, including contouring and seeding. Sediment will be managed by using filter materials such as silt fence, straw waddles, and filter fabric or through settlement in ponds or weir systems constructed in ditches. The existing road Spine Road will be reinforced and repaired as required. Disturbed vegetated areas will be stabilized with hydro-mulch and an approved seed mix if required.
     • Water needs for construction purposes will be withdrawn from Lake K214, as aligned with a sharing agreement between Afognak and all other users of K214.
     • Dust control measures would be implemented as needed to reduce suspension of fugitive dust during construction and operation. Dust is expected to have temporary and minimal impacts to the adjacent vegetation due to the BMPs that will be followed for watering of the roadways.
     • Surface drainage will be culverted to ensure hydrologic connectivity. Existing surface drainage will not be adversely impeded. Existing surface and sediment controls will be maintained.
   • Spill Control Measures:
     • A fueling plan and Spill Prevention, Control & Countermeasures Plan will be developed and implemented that will minimize the potential for fuel spills and mitigate the impact if a spill does occur. A minimal amount of fuel, engine oil, hydraulic fluid, antifreeze, and wastewater from construction will be located on site, associated only with regular equipment maintenance. Long-term storage of hazardous substances is not anticipated at the Cama’i Pad. BMP’s to avoid and minimize spills would include Properly and clearly labeling hazardous material containers;
     • Secondary containment around any fueling station would be used in the form of containment berms;
     • Though not expected to be present during construction, an impermeable lining and diking would be implemented for fuel storage facilities with a capacity greater than 660 gallons;
     • Spill containment and cleanup kits would be located at the work area and at any fueling station;
     • Regular inspection of equipment would be conducted to ensure proper functioning. Hydraulic equipment will be inspected daily for signs of wear or other potential sources of leaks;
     • Refueling will occur in Deadhorse or via a fuel truck at least 100 feet from the closest waterbody;
     • Adequate liners will be used under all valves or connections to diesel fuel tanks to ensure no diesel spills onto the ground;
     • Pink dye would be added to all diesel fuel prior to transporting to site to aid in spill detection;
     • All spills would be reported to the Alaska Department of Environmental Conservation (ADEC) and cleaned up by Afognak;
     • Oil or hazardous material spills exceeding 55 gallons would be immediately reported to the NSB. A report of all spills would be submitted weekly to the NSB.
     • Drip pans will be deployed for equipment parked in the work area for more than five minutes;
     • All empty grease tubes and sorbent pads will be hauled offsite by the contractor and disposed of properly;
     • Fuel storage will not be placed during 100 feet of wetlands throughout construction and fuel will not be stored on the pad following project completion.

    

   • Fish and Wildlife Avoidance:
     • Vegetation will be cleared outside of the migratory bird timing windows to avoid nesting birds. If clearing must be completed during the windows, a qualified professional can conduct a clearing survey to ensure no impacts to nesting birds. There are no known eagle nests along the access roads or at/near the project site. No streams are crossed or impacted for the Project.
     • A No Effect Determination is recommended for Essential Fish Habitat. Essential Fish Habitat is mapped in the region by the National Marine Fisheries Service’s “Alaska Essential Fish Habitat Mapper ” and the Alaska Department of Fish and Game’s “Anadromous Waters Catalog.”No Essential Fish Habitat is mapped for the project. The closest Essential Fish Habitat is in the marine waters of Cook Inlet.
     • Work will be done outside of the bird nesting window.
     • The spectacled eider was listed as an endangered species on May 10, 1993; as such, the U.S. Fish and Wildlife Service (USFWS) conducted a Programmatic Biological Opinion for the project in 2018 (USFWS 2018. Spectacled eider near the project area were estimated to occur at a density of 0.008 per km2 (USFWS 2015). The findings of the 2018 review state that the proposed project would result in minimal permanent habitat loss to the spectacled eider.
     • Afognak would comply with the U.S. Fish and Wildlife Service Conditions, dated February 1, 2019, as well as with the Federal Endangered Species Act, as follows:
     • Ground disturbing activities would not occur between June 1 and July 31;
     • Project components would not include overhead wires or guyed towers;
     • Lighting shielding would be implemented to decrease the potential of bird stikes;
     • A Spill Prevention and Response Plan would be developed, approved, and implemented;
     • A wildlife interaction plan, including polar bear interaction guidelines would be developed, approved, and implemented (or Afognak would adopt the Service’s Polar Bear Interaction Guidelines prior to conducting field activities);
     • A No Effect Determination is recommended for the Endangered Species Act. Consultation with the USFWS Information for Planning and Consultation determined that “the proposed action is not likely to adversely affect listed species because (1) the applicant would adhere to the Minimization Measures described above, including the timing restriction intended to minimize take of nesting eiders, and (2) effects to spectacled eiders are expected to be insignificant.”, and stated “in the unlikely and unexpected event incidental take occurs, we will consider it to have been authorized under the programmatic Biological Opinion because the project applicant has agreed to adhere to minimization measures prescribed therein.”

        

2. Minimization: The project minimized impacts to wetlands and waters to the greatest extent practicable by proposing to construct a pad that maximizes utility. The project footprint and the larger surrounding area are all mapped as wetlands or waters by the NWI.

   A revegetation plan will be developed in consultation with the USACE upon termination of the lease. At a minimum, the revegetation plan will address removal and treatment of the gravel, types of vegetation to be used, performance standards, and monitoring. Afognak will be liable for revegetation or reclamation efforts until all performance standards have been met.

3. Mitigation: This project has already been permitted by USACE. This permit application proposes to finish the work authorized by the original permit; no new impacts are proposed.Therefore, no additional mitigation is 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 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.

-------------------------