Notice of Application for State Water Quality Certification

Public Notice (PN) Date: January 16, 2026                 PN Reference Number: POA-1988-00051 v1.0
PN Expiration Date: February 16, 2026                                    Waterway: Basin 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-1988-00051 v1.0 or on or before the public notice expiration date listed above.

Applicant: Western Gold Exploration LLC, John Reid, PO Box 1124, Nome, AK 99762, (907) 434-6288; johnnyreid7@hotmail.com

Project Name: Basin Creek

Dates of the proposed activity are planned to begin and end: 10/01/2022 to 10/01/2050

Location: The proposed activity is located within Section 28, T. 9s, R. 33w, Kateel River Meridian, in Nome Census Area, Alaska.  Project Site (Latitude, Longitude): 64.681494, -165.29249.

Purpose: The applicant’s stated purpose is to placer mine for gold.

Description of Proposed Work: The permit application is associated with an after-the-fact (ATF) permit action for unauthorized work. The work has been completed, including unauthorized fill previously discharged into approximately 7 acres of freshwater emergent wetlands, and the relocation/diversion of 2,000 linear feet of Basin Creek to conduct placer mining. Proposed future work would include reclamation of impacts to WOTUS and Basin Creek.

Topsoil and black dirt to be stripped and relocated to a stockpile for future reclamation. Non-permeable clay layer underneath topsoil to be stripped and used in the construction of berms. Overburden is to be pushed to the east onto the toe of the hill. The bucket line dredge will be floated in the previously excavated flooded dredge cut, isolated from the stream. Settlement ponds and mixing zones will be utilized to contain water discharge. As the pay streak runs in a south/southwest direction on claims June 3&4, the dredge will commence the dredging process in that direction. Tailings produced during the dredging process will first be pushed up heading east on the south bank of the creek, continuing a previously disturbed/constructed access road on the Ronnie mining claim and Poke mining claim.

Once the access road is complete, the produced tailings will be loaded out and relocated to the stockpile. Tailings will constantly be moved to prevent the dredge from sanding off. When the mineral resource is no longer economically viable to produce and/or 100% depleted, reclamation will then occur. After mining has occurred, overburden will be backfilled, and highwalls of excavated cuts will be contoured to an adequate slope for regrowth. After backfilling and contouring excavations, the topsoil stockpile will be spread out to create a bed for the regrowth of native plants/species. After the topsoil is spread out then old vegetation stockpile will be spread out, and regrowth will occur. The permanent creek diversion dyke will be re-sloped to a more natural slope that is adequate for regrowth. Topsoil and vegetation will be spread on the permanent dyke, and regrowth of native species will occur.

The entirety of deeded private property (patented mining claim) is 100% previously disturbed. Creek has been diverted countless times in the last 100 years and has never sat on an erosive substrate (bedrock) until the current diversion, which guarantees a permanent location. Basin Creek is a non-anadromous creek and does not contain any species of fish. The current regrowth of native grasses and plant species from simply clearing willow bushes has already attracted a significant increase in the moose and muskoxen populations.

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: Due to the nature of the proposed activity, complete avoidance of aquatic resources is not possible. The applicant stated that the site was selected over alternative sites based on historic evidence of rich gold deposits. Because gold deposits are known to occur within the alluvial valley of Basin Creek, where wetlands are common, complete avoidance of waters of the U.S. would be impractical.
2. Minimization: Existing roads will be used to access the mine site, which will limit impacts. The entire work area will be bermed to isolate the mining area from the Basin Creek diversion to prevent erosion and sediment transport. A settling pond will also be used to capture sediment from the water used before the water is returned to the stream.
3. Mitigation: The applicant has proposed no compensatory mitigation because all disturbed areas will be reclaimed after mining of the area is completed.

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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