Notice of Application for State Water Quality Certification

Public Notice (PN) Date: July 16, 2025
PN Reference Number: POA-2014-00055 v1.0
PN Expiration Date: August 15, 2025                                                                                  
Waterway: State of Alaska

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-2014-00055 v1.0 or on or before the public notice expiration date listed above.

Applicant: US Army Corps of Engineers (USACE) Regulatory Division, Tyler Marye, P.O. Box 6898, JBER, AK 99506, (907) 753-5778; tyler.j.marye@usace.army.mil

Project Name: RGP-08 Mechanical Placer Mining General Permit (GP) – Mechanical Placer Mining Activities within the State of Alaska

Dates of the proposed activity are planned to begin and end: 10/01/2025 to 10/31/2031

Location: The proposed activity is located within Section 32, T. 9N, R. 21W, Fairbanks Meridian, in Fairbanks North Star Borough, Alaska. Project Site (Latitude, Longitude): 65.561172, -151.97216.

Purpose: The purpose of RGP-08 is to streamline the permitting process for mechanical placer mining activities within the state of Alaska in non-navigable WOTUS.

CHANGES FROM PREVIOUS RGP-08 (POA-2014-00055-M1):

• USACE will include all relevant agencies on the final mechanical placer mining verification letter distribution lists.
• The previously issued RGP allowed for five (5) acres of wetland/water disturbance at any time, commonly known as a “rolling footprint.” This RGP no longer allows for the 5-acre “rolling footprint” of WOTUS disturbance at any time. NOTE: A rolling footprint is a common reclamation term in placer mining. It is still applicable for USACE reclamation, but a rolling footprint is no longer used to authorize WOTUS impacts for this RGP.
• The total acreage limit for this RGP reissuance is ten (10) acres to WOTUS, including wetlands, within the 5-year term of the RGP (see Section 4(c)).
• This RGP reissuance allows USACE to issue a single, one-time waiver for each single and complete project within the 5-year term of this RGP, that would allow for up to an additional five (5) acres of WOTUS impacts. To qualify, the Permittee must submit sufficient information found within the annual report form demonstrating successful reclamation of at least five (5) acres on the previously disturbed areas authorized under this RGP. See the terms and conditions of this RGP for reclamation criteria.
• With the single, one-time waiver for an additional five (5) acres, the total acreage of disturbance to WOTUS authorized under this RGP shall not exceed 15 acres for each single and complete project before the RGP expires on October 31, 2030.
• All mechanical placer mining operations must maintain a minimum 25-foot undisturbed, vegetated buffer from flowing WOTUS. Certain mining activities are exempt from this. See Section IV, “Terms and Conditions for the RGP” for more information on excluded activities.
• Changes and additions were made to portions of the General Conditions of this RGP.
• Reclamation, at a minimum, must meet the criteria for successful reclamation and any special conditions included with the verification letter.

AUTHORIZED ACTIVITIES: Mechanical placer mining activities that involve the placement of dredged and/or fill material into WOTUS include, but are not limited to:

• Mechanized land clearing; construction of berms or dams; stockpiles
• Stream relocations (permanent); Stream diversions (temporary)
• New mine features constructed in wetlands, such as airstrips, camps, and roads within the mining operation, and culverted crossings of streams or wetland areas.
• Permanent access roads and road extensions outside the mining operation.
• Reclamation activities.
• Exploration activities for placer mining, such as side cast or discharge of dredged and/or fill material for exploratory drill pads, trenches, holes, and bulk samples.
• Ancillary processes associated with placer mining, such as settling ponds, staging mining equipment, etc.
• Deep ripping, for the purpose of thawing permafrost.

NOTE: All activities involving discharges of fill and/or dredged materials that impact WOTUS contribute to the 10-acre total WOTUS limit (or 15-acre total if a waiver is granted).

ADDITIONAL INFORMATION: Regional permits are a type of general permit as defined in 33 CFR 322.2(f) and 33 CFR 323.2(n). They may be issued by a division or district engineer after compliance with the other procedures of this regulation. After a regional permit has been issued, individual activities falling within those categories that are authorized by such regional permits do not have to be further authorized by the procedures of this regulation. The issuing authority will determine and add appropriate conditions to protect the public interest. When the issuing authority determines, on a case-by-case basis, that the concerns for the aquatic environment so indicate, he may exercise discretionary authority to override the regional permit and require an individual application and review. A regional permit may be revoked by the issuing authority if it is determined that it is contrary to the public interest, provided the procedures of § 325.7 of this part are followed. Following revocation, applications for future activities in areas covered by the regional permit shall be processed as applications for individual permits. No regional permit shall be issued for a period of more than five years (33 CFR 325.2(e)(2)).

BACKGROUND: RGP-08 was originally issued on August 12, 1988, under file number POA-1988-00002, in order to expedite authorizations for the general public to place fill material into waters of the United States, including wetlands, for the purpose of placer mining activities located on Federal and State lands in Alaska. This permit authorized the cumulative disturbance of five (5) acres of total impacts, including streams, wetlands, and uplands. Suction dredging was acceptable as long as the operation was located within a navigable water (Section 10 waters) and the intake nozzle diameter did not exceed four (4) inches with a power source of no greater than 16 horsepower. The placement of dredged and/or fill material into waters of the United States, including wetlands, was authorized in association with land clearing; construction of sediment basins, stream diversions, foundation pads, access roads, and reclamation work; the stockpiling of overburden and placer-bearing materials; and similar work. The permit did not apply to any marine or estuarine waters, anadromous streams, or spawning areas of resident game fish. This permit expired on September 1, 1991.

On May 29, 1992, the RGP was reissued for an additional five (5) years and expired on September 1, 1997. The reissued permit was known as POA-1988-00002-M1.

On June 14, 1995, USACE modified and reissued the RGP under file number POA-1988-00002-M2 to allow the impact size to increase from five (5) acres to 10 acres and diversion ditches to increase from 1,000 linear feet to 2,000 linear feet. The permit was expanded to include private lands, anadromous fish streams, and suction dredging. Additionally, the RGP defined more situations in which it can be applied, such as placing dredged or fill material in association with suction dredging, excavation of mine cuts, and the stockpiling of overburden and placer-bearing materials. The permit expired in June 2000.

On August 16, 2001, USACE reissued the RGP under file number POA-1988-00002-M3 with an expiration date of August 16, 2006. The RGP stated the cumulative surface disturbance of one (1) project shall not exceed 10 acres, including streams, un-reclaimed ground, wetlands, and uplands at any time. This RGP authorizes fills for exploratory drill pads, trenches, side casting from trenches, bulk samples, and other test methods in regulated waters of the United States for the purpose of exploration of placer ground in advance of mining. The RGP clearly defined the difference between placer mining, hardrock mining, recreational mining, and suction dredging. In the authorized activity section, the RGP expanded its use to include the stockpiling of overburden and pay gravel in addition to the previously mentioned activities. A condition requiring the submittal of an annual report form was added to this RGP.

On May 11, 2007, POA-2006-01944 was issued to expedite authorizations for the placement of fill material into waters of the United States, including wetlands, for the purpose of placer mining in the State of Alaska. POA-2006-01944 superseded POA-1988-00002 and all of its modifications. The RGP authorized exploration activities; placement of dredged and/or fill material into waters of the United States, including wetlands, in association with mechanized land clearing, permanent access roads less than five (5) years old or those built just to provide access to the mine site, required reclamation work, stockpiling of tailings, camp facilities if co-located with the mine site, and the previously mentioned activities. Under this RGP, disturbed areas could not exceed 10 acres, and disturbed areas may include streams and diversions, un-reclaimed ground, wetlands, uplands, camps, and access roads; reclamation including mine cuts, settling ponds, stream diversions, berms, work and camp pads, stockpiles, etc. Suction dredging is not authorized by this RGP. This RGP expired on May 11, 2012.

On April 18, 2012, USACE reissued POA-2006-01944-M1 to extend the expiration date from May 12, 2012, to October 31, 2014, to align the renewal cycle of the USACE permit with the renewal cycle of the Alaska Department of Environmental Conservation Alaska Pollutant Discharge Elimination System Permit for Mechanical Placer Mining Operations.

On October 29, 2014, USACE reissued POA-2006-01944-M1 to extend the expiration date from October 31, 2014, to October 31, 2015, to maintain continuity of authorization for persons operating under that RGP while USACE worked to develop a new RGP, POA-2014-00055.

On November 1, 2015, POA-2014-00055 for Placer Mining Activities within the State of Alaska went into effect. POA-2014-00055 superseded POA-2006-01944 and its modification. This RGP: authorized up to five (5) acres of wetland disturbance and/or up to 1,500 linear feet of stream channel diversion or relocation, at any time and excluded uplands; stated operations solely on Federal lands, that meet the terms and conditions of the RGP, would be non-notifying to USACE and would not receive a hard copy of a USACE permit; and created two (2) supplemental forms (“Jurisdictional Determination” and “Mitigation Statement”) that were required with the submission of an application. The RGP expired on October 31, 2020.

On November 2, 2020, USACE reissued and modified the RGP under file number POA-2014-00055-M1. This modification: added a waiver process for 1,500-foot limit on stream diversions/relocations; excluded work in/or affecting anadromous streams and Alaska Department of Environmental Conservation Impaired Waters (Categories 4a, 4b, and 5); excluded the previous provision for a default permit authorization; and added a third supplemental form regarding stream channels. This RGP is set to expire on October 31, 2025.

Since the 2020 reissuance of RGP-08, the permit has been utilized 233 times and authorized the discharge of dredged and/or fill material into approximately 5,000 acres of waters of the United States, including wetlands, across the state.

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 Permittee is responsible to provide mitigation measures to avoid, minimize, and compensate for impacts to waters of the United States from activities involving discharges of dredged or fill material. Mitigation requirements will be decided on a case-by-case basis.
2. Minimization: The Permittee is responsible to provide mitigation measures to avoid, minimize, and compensate for impacts to waters of the United States from activities involving discharges of dredged or fill material. Mitigation requirements will be decided on a case-by-case basis.
3. Mitigation: The Permittee is responsible to provide mitigation measures to avoid, minimize, and compensate for impacts to waters of the United States from activities involving discharges of dredged or fill material. Mitigation requirements will be decided on a case-by-case basis.

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.