Notice of Application for State Water Quality Certification

Public Notice (PN) Date: October 22, 2025      PN Reference Number: POA-1990-00114-M9 v1.0
PN Expiration Date: November 21, 2025                          Waterway: Wrangell Harbor/Zimovia Strait

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 received0F[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-1990-00114-M9 v1.0 or on or before the public notice expiration date listed above.

Applicant: City & Borough of Wrangell Port Director, Steve Miller; P.O. Box 531, Wrangell, AK 99929, (907) 305-0336; smiller@wrangell.com

Agent: Tydi Creek Environmental, Tyler Riberio, PO Box 2105, Wrangell, AK 99929; (907) 957-4438; tydicreekenvironmental@gmail.com.

Project Name: City and Borough of Wrangell Barge Updates – Outer Drive Fill

Dates of the proposed activity are planned to begin and end: 01/01/2026 to 06/01/2029

Location: The proposed activity is located within Section 25, T. 62, R. Copper River Meridian, Copper River Meridian, in the City & Borough of Wrangell, Alaska.  Project Site (Latitude, Longitude): 56.470000, -132.38470.

Purpose: The applicant’s stated purpose is to increase the City of Wrangell’s port staging area and provide additional space for barge companies' operations, the Marine Travel Lift and Vessel Repair Facility, and for cruise ship infrastructure, including docks or berthing areas. The project would commence as soon as the permit was issued and would be completed prior to May 2029.

Description of Proposed Work: To discharge 80,140 cubic yards (CY) of clean shot rock and 1,765 CY of rip rap into 2.35 acres below the high tide line of Wrangell Harbor. The area of fill in open waters would be accomplished by a dump truck or from a barge, depending on contract bidding.

The rock would come from the State pit located by the airport, which also provided rock material used for the breakwater at Heritage Harbor.

Additional Information: This is the 9th modification of the original authorization.

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 has stated that it is not possible for port staging areas, cruise ship docks, and cruise ship berthing areas are contiguous with existing Port infrastructure and previously developed areas. The fill footprint has been confined to an area adjacent to existing road and industrial development, avoiding higher-value intertidal habitats.
2. Minimization: The proposed design, an area of fill that is contiguous with the previously filled areas previously authorized under POA-1990-00114, is the minimum design required to achieve the project purpose. Reducing the size of the fill area would require the construction of alcoves, which would be subject to wave action that could damage the infrastructure.

    In addition, a reduction in the size of the fill area would limit access to deep water, eliminating the potential use of this property for cruise ship docking or other deep water port infrastructure. As such, alternate site plans are infeasible for meeting the project purpose. Construction will primarily take place in dewatered conditions, as practicable. These conditions would allow for more efficient construction and minimize impacts to the marine environment to the extent possible.

   To protect adjacent marine waters during construction, the following best management practices (BMPs) will be implemented:

   • Turbidity Curtains: Deployed if needed along the seaward edge of the fill zone to contain any sediment migration during active placement.
   • Silt Fencing and Straw Wattles: Installed at the upland edge of the fill if needed to control runoff from stormwater and equipment access.
   • Construction Timing: Activities will be scheduled to avoid periods of peak biological sensitivity (e.g., fish migration/spawning), in coordination with ADF&G and NMFS.
   • Staging and Refueling Areas: Located upland and away from the intertidal zone, with secondary containment to prevent spills.
   • Daily BMP Inspections: On-site supervisors will inspect all erosion and sediment control measures before and after each day’s activities, and particularly after rain events or tides.
   • Turbidity Monitoring as needed: Conducted during fill operations using handheld meters, comparing background and active area readings to ensure compliance with state water quality standards.
   • Spill Prevention & Response: Equipment will be inspected daily. Spill kits will be available on-site, and personnel will be trained in rapid containment and cleanup procedures.
   • Equipment Controls: All heavy equipment operating in the fill area will be well-maintained and checked for leaks. No fueling or hydraulic maintenance will occur within the tidal zone.
   • The use of clean, angular shot rock ensures minimal fines and sediment suspension during placement, reducing turbidity impacts.
   • Fill will be placed during low tide periods to minimize direct discharge into standing or flowing water.
3. Mitigation: The applicant has indicated that compensatory mitigation has been satisfied during previous authorizations. Plat located at Lot 2B, Block A, Tract C ofATS 1531 (Plat No. 2008-1, Wrangell Recording District) was set aside as permittee responsible compensatory mitigation. The Restrictive Covenant (Document 2010- 000376-0; Wrangell Recording District), which conserved this area in perpetuity asmitigation for POA-1990-00114. Considering that compensatory mitigation requirementsfor the proposed fill were already met, the applicant is not proposing additionalcompensation.

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.