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-2025-00288 v1.0
PN Expiration Date: September 8, 2025                                                  Waterway: Mineral Creek

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-2025-00288 v1.0 or on or before the public notice expiration date listed above.

Applicant: Donovan Baggett, PO Box 576, Kenai, AK 99611, (719) 963-1456; donovan1126@yahoo.com

Project Name: Baggett Mineral Creek Mining Site

Dates of the proposed activity are planned to begin and end: 07/31/2025 to 10/31/2029

Location: The proposed activity is situated within Section 19, Township 008 South, Range 006 West, Copper River Meridian, in the Municipality of Anchorage, Alaska. 739270. Project Site (Latitude, Longitude): 61.165100,  146.360900.

Purpose: The applicant’s stated purpose is to conduct a placer mining operation to extract gold.

Description of Proposed Work: The applicant proposes to conduct mechanical placer mining, which would include:

• 0.0037-acre of test holes made with an 8-inch auger bit and a maximum depth of 10 feet
• The installation of two (2) 24-inch diameter by 20-foot-long (0.0009-acre) culverts
• Approximately 36.37 acres of mine cuts
• Approximately 444.44 cubic yards of test pits, with the maximum pit measuring 20 feet long by 10 feet wide by 30 feet deep
• Approximately 677.77 cubic yards of stream diversion (1,525 feet long by 12 feet wide by 1 foot deep). The diversion would begin at Latitude 61.1647º N., Longitude 146.3575º W. and end at Latitude 61.1631º N., Longitude 146.3577º W.

The total impacts to waters of the United States would include approximately 1,122.22 cubic yards of dredged material placed into approximately 36.3933 acres of wetlands and riverine habitat.

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 applicant states that the activities involved in the operation would not impact the main channel of Mineral Creek.
2. Minimization: The applicant states that the length of the tributary diversion is the minimum length necessary to complete the project’s purpose and need.
3. Mitigation: The applicant states that they do not believe compensatory mitigation is required for this project because the tributary of Mineral Creek would be restored to its original state upon completion of the placer mining 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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