Notice of Application for State Water Quality Certification

Public Notice (PN) Date: July 10, 2025                 PN Reference Number: POA-2006-01418-M8 v1.0
PN Expiration Date: August 11, 2025                                                     Waterway: Tongass Narrows

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-2006-01418-M8 v1.0 or on or before the public notice expiration date listed above.

Applicant: Solstice Alaska Consulting, Inc., Robin Reich, 2607 Fairbanks Street, Suite B, Anchorage, AK 99503, (907) 929-5960; solsticeak@solsticeak.com

Project Name: Ketchikan Dock Company Berth IV Expansion Project

Dates of the proposed activity are planned to begin and end: 01/01/2026 to 12/31/2026

Location: The proposed activity is located within Section 25, T. 75S, R. 90E, Copper River Meridian, in Ketchikan Gateway Borough, Alaska.  Project Site (Latitude, Longitude): 55.344000, -131.65600.

Purpose: The purpose of this project is to upgrade Berth IV so that it can safely accommodate a class of increasingly larger cruise ships docking in Ketchikan. Currently, Berth IV is unable to accommodate large, modern cruise ships built to support a signi?cantly greater capacity of cruisers than those typically seen in Ketchikan at the time of Berth IV’s 2007 construction.

Description of Proposed Work: The Ketchikan Dock Company, LLC (KDC) proposes to expand Berth IV adjacent to downtown Ketchikan, Alaska, in the East Tongass Narrows. The proposed Berth IV expansion would be able to safely accommodate the modern, increasingly larger in size cruise ships visiting Southeast Alaska.

The project would include the removal of 12 existing piles, the existing ?oating barge ?oat, and the existing north ?oat. The expanded berth would include the additions of a 50-foot (ft) by 285 ft ?oating pontoon (dock) and a 12 ft by 220 ft small boat ?oat supported by 18 permanent piles. The project would occur in and over the waters of the United States. No ?ll, dredging, or blasting is proposed as part of the project.

A permit was previously issued for a very similar project in 2018 by the U.S. Army Corps of Engineers under POA-2006-01418-M7; however, the project was not constructed.

The proposed project would be the eighth (8) modification to the original permit. The applicant proposes to remove existing structures and expand the dock. The proposed project would remove:

• The existing barge float
• The existing north float
• The existing 60-foot gangway to the north float
• The floating barge dolphin #1, consisting of two (2) 30-inch piles and one (1) 36-inch pile
• The floating barge dolphin #2, consisting of two (2) 30-inch piles
• The breasting dolphin #2 consists of three (3) 36-inch piles and two (2) 30-inch piles
• The small gloat restraint consists of two (2) 24-inch piles; and
• The existing catwalk that connects breasting dolphin #2 and breasting dolphin #1.

The proposed project would then construct:

• An additional four (4) 36-inch steel batter piles to the mooring dolphin #1
• An additional two (2) 48-inch steel batter piles and two (2) 48-inch steel plumb piles to shoreline dolphin #2
• Pontoon dolphin #1, consisting of two (2) 48-inch steel batter piles and three (3) 48-inch steel plumb piles
• Pontoon dolphin #2, consisting of two (2) 48-inch steel batter piles, and three (3) 48-inch steel plumb piles
• One (1) 50-foot by 285-foot floating pontoon; and
• One (1) 12-foot by 220-foot small boat float.

Additional out-of-water components would include installing a ladder/platform to access the existing breasting dolphin, adding two (2) new mooring points on the existing mooring dolphin #1, and adding two (2) new mooring points on the existing shoreline dolphin #2.

The two (2) existing 24-inch diameter piles, six (6) existing 30-inch diameter piles, and four (4) existing 36-inch piles would be removed using the dead pull method via crane. A vibratory hammer would then be used if removal is not achieved with the dead pull method.

For pile installation, pile templates would be installed via vibratory hammer to place one (1) to four (4) temporary piles around each dolphin. Using the template piles as a guide for positioning the permanent piles, the permanent piles would be vibrated into place. Each piling would then driven to tip elevation using an impact hammer. Once piles achieve tip elevation, a down-the-hole (DTH) hammer would be placed inside the piling and piles would be drilled about 10-feet into the bedrock. If a pile requires anchoring, the pile would first be DTH drilled about five (5) feet into the bedrock, and then an anchor (shaft) would be drilled an additional four (4) into the bedrock. The anchor would then be filled with concrete. An estimated 10 cubic yards of drill cuttings would be produced during DTH drilling of each pile. Two (2) to three (3) material barges (approximately 250-foot by 76-foot by 15.5-foot) would transport materials from Seattle, Washington to the project site and be used onsite as a staging area during construction. One (1) construction barge, either the Brightwater crane barge (280-foot by 76-foot by 16-foot) or the Swiftwater crane barge (230-foot by 60-foot by 15.5-foot) would be onsite to support construction. It is expected that the crane barge would travel to Ketchikan from Juneau. Two (2) 20-foot skiffs would be transported to the project site on the crane barge to support construction and potentially marine mammal monitoring activities.

The proposed project is anticipated to begin in January 2026, and construction would take three (3) to four (4) months to complete. Pile installation activities are expected to occur for approximately 305 hours over 64 non-consecutive days. The total project timeline is not expected to last more than six (6) months. The construction timeline takes into account the mobilization of materials and potential delays due to delayed material deliveries, equipment maintenance, inclement weather, and shutdowns that may occur to prevent impacts to protected species.

Additional Information: The proposed project was previously authorized under POA-2006-01418-M7. The authorization expired on September 30, 2023. The applicant will be submitting an application for an Incidental Harassment Authorization (IHA) under the Marine Mammal Protection Act (MMPA) from the National Marine Fisheries Service (NMFS).

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 purpose of the project is to construct a dock that accommodates large cruise ships and their passengers during the summer months. The project is needed to provide a safe harbor for large cruise ships docking in Ketchikan. To meet the project's purpose and need, construction must occur within the waters of the United States. The project would be located within the already industrialized section of the Tongass Narrows.
2. Minimization: The project uses the most compact design practicable (with the least number of piles and smallest pile sizes) to minimize impacts to waters of the United States.
3. Mitigation: If contaminated sediments are encountered during construction, the contractor will immediately notify agencies and stop work until coordination on the appropriate response occurs with ADEC. Wood that has been surface- or pressure-treated with creosote or treated with pentachlorophenol will not be used. If treated wood must be used, any wood that comes in contact with water will be treated with preservatives in accordance with Best Management Practices developed by the Western Wood Preservers Institute. Treated wood will be inspected before installation to ensure that no superficial deposits of preservative material remain on the wood. Plans for avoiding, minimizing, and responding to releases of sediments, contaminants, fuels, oil, and other pollutants will be developed and implemented. Spill response equipment will be kept on-site during construction and operation.

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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