Notice of Application for State Water Quality Certification

Public Notice (PN) Date: November 25, 2025           PN Reference Number: POA-2021-00089 v1.0
PN Expiration Date: December 29, 2025                                  Waterway: Norton Sound

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-2021-00089 v1.0 or on or before the public notice expiration date listed above.

Applicant: Arctic Placer Drilling & Mining, LLC, Kenneth Hughes, PO Box 1175, Nome, AK 99762, (907) 304-2175; stargatealaska@gmail.com

Project Name: Swanberg Placer Mine

Dates of the proposed activity are planned to begin and end: 04/15/2026 to 11/30/2035

Location: The proposed activity is located within Section 30, 31, T. 11, R. 33, Kateel River Meridian, in Nome Census Area, Alaska. Project Site (Latitude, Longitude): 64.491590, -165.36273.

Purpose: The applicant’s stated purpose is to conduct placer mining operations within approximately 68.24 acres of wetlands and WOTUS within 2 adjoining parcels to extract all commercially recoverable mineral resources.

Description of Proposed Work: The applicant proposes to discharge dredged and fill material into approximately 68.24 acres of wetlands and WOTUS as part of planned placer mining operations. To maintain hydrologic connectivity through the mining footprint, an existing stream reaching approximately 1,700 linear feet in length would be relocated in two stages.

Stage one relocates a 1,000-foot stream segment, and stage two relocates an approximately 700 linear foot stream segment. The relocated stream segments would be 25 feet in width and would be constructed to divert hydrology around the active mine site. The diversion would begin at latitude/longitude 64.4947, -165.3512 and end at 64.4916, -165.3548. The new channel design would improve hydrology within the mine site during operation.

Before and during mining activities, excavated materials would be separated into organic and non-organic stockpiles. Organic material (e.g., topsoil) and non-organic sands and gravels would be stored separately, either adjacent to the wash plant on a gravel pad or along the outer perimeter of the site to facilitate reclamation and minimize impacts to aquatic areas. The estimated volume of fill is approximately 544,500 cubic yards of organic material and 2,178,000 cubic yards of sand and gravel.

Site preparation would rely on mechanized land clearing and excavation equipment. Mining utilizes open cuts and a 100% recycled water system using groundwater, meltwater, and rain runoff as a source of makeup water. On-site processing would be conducted using a mobile plant situated on a gravel pad. While establishing the first phases of operation, adjacent offsite upland areas would serve as staging, storage, or temporary processing zones to reduce

disturbance within wetland areas. Construction is expected to commence during the 2026 mining season and remain in place through the life of the mine and reclamation phases until full project completion. The proposed site currently encompasses approximately 4.91 acres of uplands, 0.62 acres of ponded habitat, and 67.62 acres of palustrine emergent and scrub shrub wetlands underlain by permafrost. Mining and reclamation would occur concurrently. Upon cessation of mining activities, approximately 3.9 acres of roads and pads would remain in place to support future residential development in the Nome area.

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 Waters of the United States, including wetlands, is not practicable because wetlands are abundant throughout the mine site. Drill records support the need to impact wetlands to accomplish the applicant's purpose to fully extract viable minerals from the site.
2. Minimization: The applicant proposes to stockpile organic material to be used for site reclamation and to include natural revegetation and creation of low-lying areas in mined pits to help recreate conditions for wetland development on the project site following mining activities. Drilling in marginal areas would be performed to confirm the presence of economically viable resources before mining.
3. Mitigation: Compensatory mitigation is not proposed for the project.

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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