Notice of Application for State Water Quality Certification

Public Notice (PN) Date: November 14, 2025             PN Reference Number: POA-2025-00433 v1.0
PN Expiration Date: December 16, 2025                                            Waterway: Tongass Narrows

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-2025-00433 v1.0 or on or before the public notice expiration date listed above.

Applicant: William and Patricia Smart, Patricia Smart, PO Box 8200, USS 3840 Block 2 Lot 33, Ketchikan, AK 99901, (907) 617-5808; smartconstruction@kpunet.net

Project Name: Boathouse – Inland Staging of Boathouse

Dates of the proposed activity are planned to begin and end: 01/01/2026 to 05/31/2026

Location: The proposed activity is located within Section 12, T. 755, R. 89E, Copper River Meridian, in Ketchikan Gateway Borough, Alaska. Project Site (Latitude, Longitude): 55.383400, -131.76000.

Purpose: The applicant’s stated purpose is to bring an existing boat house on shore to safety, which is currently tied to the docking facility. The boathouse has been moved to a storage grid many times due to adverse weather conditions and vessel activity. This move would be to permanently place the 40 x 80' boathouse in a barge storage grid.

Description of Proposed Work: The proposed work is to fill a previously dredged area with approximately 1600 cubic yards of clean shot rock and 200 cubic yards of armor rock for the front of the property. The dimensions of the fill area measure approximately 100 feet by 80 feet, and work is proposed to be completed completely in the dry.

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 all work will be completed in the dry when low tide occurs, and no equipment will be in the water during construction. Placement of rock fill will only occur at +13 tide and above.The heavy equipment used is inspected and serviced, indicating no leakage of contaminants, etc., and clean-up materials will be on-site if a leak occurs.As the tide begins to come in, all equipment is removed from the site so as not to be exposed to water.
2. Minimization: The fill extends to where it was previously dredged in the past and does not extend any further than predeveloped land. Working with the tide, only placing fill on dry/exposed ground.The rock will be screened and sorted before use, and there will be no contaminants in any of the rock material.
3. Mitigation: USACE has preliminarily determined that no compensatory mitigation is required because the area would be restored to its preexisting condition.

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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