Notice of Application for State Water Quality Certification

Public Notice (PN) Date: January 16, 2026                  PN Reference Number: POA-2002-00977 v1.0
PN Expiration Date: February 16, 2026                    Waterway: Beluga Slough / Kachemak Bay

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-2002-00977 v1.0 or on or before the public notice expiration date listed above.

Applicant: City of Homer Public Works Department, Aaron Yeaton, 3575 Heath St., Homer, AK 99603, (907) 435-3137; ayeaton@ci.homer.ak.us

Project Name: Beluga Slough Outlet Maintenance

Dates of the proposed activity are planned to begin and end: 03/01/2026 to 04/01/2026

Location: The proposed activity is located within Section 20, T. T6S, R. R13W, Seward Meridian, in Kenai Peninsula Borough, Alaska. 17714017. Project Site (Latitude, Longitude): 59.635830, -151.53556.

Purpose: The applicant’s stated purpose is to allow drainage from Beluga Lake to efficiently outflow to Kachemak Bay.  Storm-berm formation at the beach inhibits this drainage and causes water levels to rise in Beluga Slough.  In the past, this flooding compromised the city's storm drain outfalls and sanitary sewer infrastructure.

Description of Proposed Work: The scope of work includes re-establishing the outlet channel by excavating storm berms that prevent Beluga Slough from outflowing to Kachemak Bay.  Deposit excavated sand and gravel in either the new channels formed during storm berm blockage or grade along the MHW line immediately east of the excavation.  Work to be conducted with heavy machinery, i.e., excavators and bulldozers. This work procedure has been conducted several times in the past under permit POA 2002-977.  The most recent outlet maintenance occurred in 2024. This request is for a 10-year certification for recurring maintenance of the Beluga Slough Outlet.

Work will be performed at low tide.  Machinery will not unnecessarily enter the stream channel.  The benthic environment will not be dredged.  Only storm berm sand and gravel will be excavated and deposited.

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: Work will be performed at low tide. Machinery will not unnecessarily enter the stream channel. The benthic environment will not be dredged. Only storm berm sand and gravel will be excavated and deposited.
2. Minimization: All work, excavation, and fill, to be conducted at low tide when the project site has been naturally dewatered. Machinery will only travel to and from the work site once.
3. Mitigation: Minimal adverse effects anticipated: excavated sand and gravel to be redeposited within the project area in a non-vegetated beach environment near the MHW line.

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.

-------------------------