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: August 8, 2025                      PN Reference Number: POA-2025-00299 v1.0
PN Expiration Date: September 8, 2025                                    Waterway: Kachemak Bay

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, the 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-2025-00299 v1.0 or on or before the public notice expiration date listed above.

Applicant: James Amundsen, 3850 Forest Glen Dr., Homer, AK 99603, (907) 301-5701; james2001@gmail.com

Agent: R&M Consultants, Inc., Christopher Black, 9410 Emerald Street, Anchorage, AK 99502; (907) 229-5580; chrisblack62@gmail.com.

Project Name: Homer Spit Lot 12 Development

Dates of the proposed activity are planned to begin and end: 07/23/2025 to 09/03/2025

Location: The proposed activity is located within Section 27, T. 6S, R. 13W, Seward Meridian, in Kenai Peninsula Borough, Alaska. 18101015. Project Site (Latitude, Longitude): 59.628999, -151.48587.

Purpose: The applicant’s stated purpose is to construct a gravel pad for vehicle and boat storage with existing driveway access to the Homer Spit Road. The proposed work is needed due to a lack of existing parking and storage areas on the Homer Spit.

Description of Proposed Work: The applicant proposes to discharge 1,300 cubic yards of gravel aggregate fill material into 0.13 acre of Kachemak Bay below the High Tide Line (approximate elevation +23.1 feet above the 0.0 foot contour) (HTL). The fill material would be sourced from Dibble Creek Rock Ltd. The toe would be sloped two horizontal feet to one vertical foot from the top of the bank to the existing ground. Construction is anticipated to begin in September and end in October of 2025.

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 crew will take all standard precautions to prevent spills in the marine environment. The Contractor will have spill response kits on hand and ready for immediate deployment in the event of a spill. Proper storage and secondary containment of any fuel or chemicals will be used, as well as regular inspections of equipment, hoses, and fuel storage areas. The applicant states that the proposed project has been designed to avoid and minimize impacts to WOTUS to the maximum extent practicable while still meeting the project purpose and need. The applicant states there are no alternative upland sites. The applicant owns an approximately 2-acre parcel on the opposite side of the road that was considered as an alternative. However, increased storm action on that side would have required more reinforcement, a more rock-hardened face, and deeper fills, resulting in additional impacts to WOTUS. No dredging would be required for the proposed project, and the pad has been designed to provide the smallest feasible footprint while meeting the project's goals.
2. Minimization: The applicant states fill below the HTL would be limited by constructing the pad adjacent to the road and utilizing an existing driveway and uplands on the parcel. To minimize impacts during construction, fill would be placed and stabilized during low tides and only clean fill material meeting the requirements of the City of Homer Classified Fill and Backfill Type IV would be used. Additional best management practices (BMPs) proposed include placement of construction fencing along uphill sides, silt fencing and/or straw wattles at downhill sides, a stabilized construction exit at the driveway, and watering for dust control. The fill footprint will be delineated from the remainder of the site, and traffic will be limited only within the fill footprint.
3. Mitigation: The applicant states that they have avoided and minimized impacts to the maximum extent practicable while still meeting the project's purpose and need. Therefore, the applicant proposes that no compensatory mitigation be required for this project. A silt fence will be used to delineate the downhill slopes of the site. Construction fencing will delineate the uphill sides.

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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