Notice of Application for State Water Quality Certification

Public Notice (PN) Date: March 11, 2026                    PN Reference Number: POA-2025-00509 v1.0
PN Expiration Date: April 10, 2026                             Waterway: Tanana River

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-2025-00509 v1.0 or on or before the public notice expiration date listed above.

Applicant: Ruby Marine Incorporated, Matt Sweetsir, PO Box 269, Nenana, AK 99760, (907) 460-2491; matts@rubymarineinc.com

Project Name: Ruby Marine Tanana River Harbor Dredging

Dates of the proposed activity are planned to begin and end: 05/10/2026 to 05/15/2026

Location: The proposed activity is located within Section 10, T. 4S, R. 8W, Fairbanks Meridian, in Denali Borough, Alaska. ADL 421086. Project Site (Latitude, Longitude): 64.578727, -149.12413.

Purpose: The applicant’s stated purpose is to provide a navigable channel for Ruby Marine Tows, Tug, and barge business based out of Nenana, Alaska, to transport freight from the Ruby facility to the Yukon River communities serviced by the company.

Ruby Marine is a tug and barge company that delivers freight and fuel to Yukon River villages. The port, outside of Nenana, is suffering from early melt-off that is affecting the interior in various ways.  As snowmelt occurs earlier in the spring, before the ice is ready to break up, the ice moves out, leaving no spring floodwater to follow it.  The water level in the Tanana River becomes exceptionally low immediately after breakup and doesn't rise until mid-June, when the glaciers start their seasonal melt.  Consequently, the first river crossing immediately below the dock is too shallow to get a loaded tow across into the main channel, and the barge is having to light-load the first several trips of the season.  Dredging will allow full loads from the start of the season.

Description of Proposed Work: The applicant proposes to dredge up to 14,000 cubic yards of material from a sandbar to establish a navigable channel and discharge the dredged material on the downstream end of the same sandbar. Both dredge and discharge sites would individually span up to 6 acres. All work would occur below the ordinary high water (OWH) of the Tanana River. Dredging would be conducted with a 12-inch cutterhead suction dredge, which would be floated to the site from a dock approximately 400 yards away. Work would occur during low water conditions and is proposed to begin in May 2026.

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: Minimize the volume of dredged material; a small channel is dredged and nota large volume.We simply need enough of a channel to hold us until the June runoff raises the water levels.
2. Minimization: The applicant stated that the proposed dredging footprint would be the minimum necessary to support safe navigation of the channel. Additionally, by relocating the dredge material along the same sandbar, instead of transporting the material off-site, the applicant intends to avoid potential damage to the riverbank and/or unintended discharges within the channel that could negatively impact the natural state of the river. The applicant believes that by keeping the material within the channel and depositing it upon the same sandbar, adverse impacts on the environment would be minimized. Moving the smallest amount of material required, not necessarily the full permitted amount.
3. Mitigation: Based on the extent of proposed minimization, the applicant believes that no compensatory mitigation should be required.

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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