Notice of Application for State Water Quality Certification

Public Notice (PN) Date: August 1, 2025                      PN Reference Number: POA-2008-00618 v1.0
PN Expiration Date: September 1, 2025                                             Waterway: Noatak 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-2008-00618 v1.0 or on or before the public notice expiration date listed above.

Applicant: Drake Construction, Inc., Toby Drake, Po Box 338, Kotzebue, AK 99752, (907) 442-3512; tdrake@drakeconstruction.net

Agent: MLP & Associates, LLC, Alina Rice, 721 Depot Drive, Anchorage, AK 99501; (907) 885-0271 104; alina@mlpassociates.com.

Project Name: Noatak River Gravel Mine

Dates of the proposed activity are planned to begin and end: 05/15/2025 to 10/31/2030

Location: The proposed activity is located within Section 2, T. 20N, R. 17W, Kateel River Meridian, in Northwest Arctic Borough, Alaska. Project Site (Latitude, Longitude): 67.157260, -162.32699.

Purpose: The applicant’s stated purpose is to extract sand and gravel materials for use in support of Alaska Department of Transportation & Public Facilities (Alaska DOT&PF) roadway projects in Kotzebue, Alaska, and other entities and communities.

Description of Proposed Work: The applicant is requesting authorization to continue sand and gravel extraction activities at the Noatak River Gravel Pit Project. Continuation of extraction activities

would require the mechanized land clearing of 7.5 acres of previously undisturbed wetlands. Total impacts from this proposal and previous activities of the Noatak River Gravel Pit Project would total approximately 25 acres. The estimated life of the project is five (5) years, providing an estimated 300,000 cubic yards of material. Work is scheduled to occur seasonally between May and October each year.

The applicant has proposed to follow a 111-page reclamation plan document submitted for review. If you would like to review the full reclamation plan document, please contact us for a copy. In this document, the applicant proposes initial site reclamation would occur starting in Summer 2025, when the wall on the east side of the project area will be reclaimed by grading the area three (3) horizontal to one (1) vertical (3:1). Topsoil and overburden would be placed on the slope with an excavator and bulldozer. The area would then be revegetated with willows and other native plants and seeded. This process would provide even coverage, facilitate vegetation growth, and minimize erosion until native vegetation is established.

The applicant proposes that the final reclamation would commence when all material is exhausted of usable material within the footprint of Allotment 15983. Reclamation would include constructing two ponds/wetlands, a bioswale, and vegetated swale spillways. The mined area would be revegetated. The airstrip, the access roads, and the barge landing area would remain as is.

The full width of the pit floor will be covered with a two (2) to four (4) inch-thick layer of organic-rich soil material to maximize natural revegetation. The area would be revegetated with the seed mix described in the condensed reclamation plan enclosed.

Two (2) ponds would be created: The upper pond/wetland is approximately 10,000 square feet by 3.5 feet deep lined with silt/clay. The lower pond/wetland is approximately 3,500 square feet by 3.5 feet deep. Each pond would include two benches, 10 feet wide at one (1) foot and two (2) feet below the design water level for vegetation. The ponds would fill primarily with snow melt. The ponds were designed to maximize the capture and retention of snowmelt and precipitation runoff.

The upper pond/wetland area would capture runoff from the hillside via a bioswale at the toe of the gravel pit cut slope. A vegetated swale spillway would be constructed to collect overflow and convey it to the lower pond/wetland. The lower pond would be used to collect runoff from the reclaimed gravel pit site and the upper pond/wetland. Overflow from the lower pond to the river would pass through a vegetated swale spillway.

Additional Information: The original Department of the Army (DA) permit was issued in 2009 and authorized the permanent filling of two (2.0) acres of wetlands for the development of a haul road and a stockpile area near the Noatak River. The applicant has stated they have Title 9 approval from the Northwest Arctic Borough (Permit Number: 109-03-22) and would operate under the Multi-Sector Stormwater Pollution Prevention Plan (AKR06GA40).

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: Complete avoidance of wetlands is not practicable to accomplish the purpose and needs of this project. No in-water work is expected to take place during the extraction of materials. Temporary stockpiles will be placed at least 100 feet away from the waters of the U.S. The project requires excavation in freshwater emergent wetlands to extract suitable sands and gravels for the construction of regional projects. The applicant has lease ownership of the property and the subsurface.

   Wetlands are located on the subject property, and avoiding all wetlands to meet the project’s purpose and needs is not practicable. Project alternatives, including no action, barging gravel from Nome, single-phase extraction at the proposed location, and the proposed location in two-phase extraction, were evaluated to identify the most practicable alternative after taking into consideration site logistics, Alaska Department of Transportation (ADOT) construction requirements, noise pollution, and the overall project purpose. Alternatives were considered, with the current proposed project being the most reasonable and practicable alternative. The alternatives considered include the following:

• Alternative 1: No Action: The No Action alternative would not develop any more of the property and leave it as it is currently.This alternative provides no new source of sand and gravel for construction projects.
• Alternative 2: Barge Gravel from Nome: Kotzebue does not have a deep draft port. Barging gravel from Nome to Kotzebue could have impacts on wildlife. The coastline and water bodies from Nome to Kotzebue are critical habitats for wildlife.
• Alternative 3: One-phase, current location: Extraction would occur in one 21.5-acre cell unit until all usable material is exhausted.
• Alternative 4: Two-phases, current location: Current mining would continue within the existing disturbed footprint. Additional extraction would occur in two additional Phases (two cells), one cell at a time until all usable material is exhausted. Cell 1 is approximately 2.5 acres, and Cell 2 is approximately 5 acres.

  Analysis of Alternatives: The proposed action (Alternative 4) is the preferred alternative for meeting the purpose and need of the project, which is to provide additional sand and gravel at the least cost with the least impact on wetlands. This alternative also provides a phased approach to extraction.

  1. Minimization: The proposed site's selection is based on utilizing the applicant’s property, with an extraction site of approximately 21.5 acres.

     To further minimize impacts to the waters of the U.S., the project is designed to reduce wetland impacts to the greatest extent practicable. Complete avoidance of wetlands is not practicable to accomplish the purpose and needs of this project. To minimize the impact of this project on the environment, the following measures are proposed:

  •The proposed project will follow necessary USFWS and NOAA Fisheries recommendations to avoid disturbing migratory birds or Threatened or Endangered species.

  •There are no known Historic Properties. A Cultural Resources Desktop Assessment was completed in 2020 by Northern Land Use Resources and submitted to the Bureau of Indian Affairs (BIA) as part of the updated Environmental Assessment requested by the BIA. This assessment can be provided if requested. 

  •The extraction limits will be identified in the field before extraction to ensure the permitted project footprint is not exceeded during development.

  •This site is currently an active mine, and increasing the current size is the least damaging option. Any other option requires new site development.

  •Extraction would occur in Phases, one cell at a time, until all usable material is exhausted.

  •Movement of construction equipment would be restricted to within the identified project boundaries to minimize disturbance to native vegetation.

  •Stockpiles will not be placed in undisturbed wetlands.

  •BMPs such as vegetative buffers would be installed and implemented to minimize the introduction of additional suspended sediment into the wetlands.

  •All refuse, garbage, or debris created during activities will be removed and disposed of at an approved facility.

  2. Mitigation: No purchases of mitigation bank or in-lieu fee credits are proposed during any phase of the proposed rehabilitation, as neither option is currently available for the area. The applicant stated that compensatory mitigation should not be required for the Noatak River Gravel Mine project because all practicable steps have been taken to avoid and minimize adverse impacts to the wetland ecosystem.

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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