Notice of Application for State Water Quality Certification

Public Notice (PN) Date: April 2, 2026                     PN Reference Number: POA-1994-01014-M4 v2.0
PN Expiration Date: May 4, 2026                             Waterway: Orca Inlet

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-1994-01014-M4 v2.0 or on or before the public notice expiration date listed above.

Applicant: Native Village of Eyak, Collin Bronson, PO Box 1388, Cordova, AK 99574, (907) 917-9159; collin.bronson@eyak-nsn.gov

Agent: Midnight Sun Environmental, LLC, Brian Kovol, 560 E 34th Ave, Suite 102, Anchorage, AK 99503; (907) 344-3244; MSESWPPP@Gmail.com.

Project Name: Shepard Point Oil Spill Response Facility

Dates of the proposed activity are planned to begin and end: 05/15/2024 to 11/30/2029

Location: The proposed activity is located within Sections 1, 2, 10, 11, T. 15S, R. 3W, Copper River Meridian, in Copper River Census Area, Alaska. Project Site (Latitude, Longitude): 60.579100, -145.71990.

Purpose: The purpose of the project is to construct a tribal transportation oil spill and marine casualty response facility and deep water port in the Cordova area that can receive oil spill equipment from any location at all tides, via air-to-ground-to -response-vessel or cargo vessel-to-response-vessel transportation sequence. 

The applicants would like to optimize the dock design for practicability and long-term stability based on updated geotechnical data and site-specific environmental conditions. The existing sheet-pile wall design would extend from the surface elevation down to a depth of 2 to 3 feet below the Mean High Water (MHW) elevation. This design leaves a potential for erosion at the toe of the wall during storm events and/or vessel wake. Also, based on new data, the current deepwater port design is not practical due to the extreme depths necessary to meet frictional stability for a fixed dock configuration. A floating dock would address these challenges and greatly reduce the number of piles required.

Description of Proposed Work: The proposed work would modify the previously authorized Cordova OSRF fixed deep-water dock to a floating dock configuration and the design of the boat launch. Work would require additional placement of 564.7 cubic yards of fill in 0.35-acre below Orca Inlet’s High-tide Line for the installation of the Wire Wall Sea Wall.

Wire Wall Sea Wall: The new design would require replacing the sheet-pile wall with a Wire Wall Sea Wall concept that creates a reinforced earth wall, which functions as a semi-solid block of material structurally adequate to support normal port area vehicle and equipment loading. Approximately 2,475 cubic yards of rip rap (D50 size of 500 pounds) would be placed to the Mean Lower Low Water (MLLW) elevation along the full length of the Wire Wall Sea Wall. The Wire Wall Sea Wall would be designed to extend from the surface elevation down to a depth of 2 to 3 feet below Orca Inlet MHW. At its toe a 3-foot-thick layer of riprap and a 6-inch layer of bedding would be placed in front of it to protect the structure against erosion. This wall has the environmental advantage of not requiring the extensive pile driving needed for the sheet-pile wall, can be installed at low tide (in the dry) to the maximum extent practicable, and provides toe protection.

Floating Dock: The proposed modification would change the previously authorized deepwater fixed dock to a floating dock, dimensions 360-foot long by 60-foot wide. The proposed floating dock would be restrained by two (2) reaction dolphins, each requiring four (4) 48-inch steel pilings. Other components of the floating dock include ten (10) large berthing fenders and ten (10) 30-ton mooring bollards. A mooring dock would be constructed at each end of the floating dock. Each mooring dolphin would consist of one (1) 72-inch diameter pipe pile with a steel fabricated pile cap that includes steel hand railing and a large capstan. Piles are to be driven to a minimum embedment depth of 120 ft. Pile length range is estimated to be 220-250 ft per pile. Two (2) catwalks would connect the floating dock with the two (2) mooring dolphins. Two (2) 10-foot by 100-foot small boat docks would be attached to the floating dock with two (2) 4-foot by 35-foot connecting gangways. Two (2) 15-foot by 135-foot transfer spans would be constructed to connect the Shepard Point pad to the floating dock to facilitate efficient two-lane traffic (the second transfer span would be constructed in the future). The transfer spans would be designed to accommodate highway legal truck traffic, including utility chases and pedestrian walkways. On the shoreside, two (2) abutments would be constructed to support the transfer spans; each abutment would require four (4) 36-inch piles and a minimum embedment depth of 70 feet each.

Boat Ramp: The previously authorized 187.5-foot by 60-foot boat ramp would require the installation of an 8-foot by 180-foot boarding float restrained with seven (7) 16-inch piles with a minimum embedment depth of 25 feet. The boat launch ramp would be constructed on a 16.5-percent grade with a top elevation of +25 feet MLLW and a bottom ramp elevation of -9.1 feet MLLW.

There would be a total of 25 permanent pilings and 32 temporary pilings.

Construction of the floating dock would require the installation and removal of thirty-two (32) 30” template pilings. Installation of piles is anticipated to be completed primarily by vibratory hammer from a barge. Based upon geotechnical borings, no downhole drilling will be required. In some cases, where the vibratory hammer meets resistance, a diesel impact hammer will be employed. Vibratory installation is anticipated to take, on average, approximately 25 minutes per pile. A total of 53 days of pile driving activity, assuming a 25% contingency.

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: Site work is the minimum necessary to complete a stable road embankment.The applicant has avoided placing fill material where eelgrass beds are located. Avoiding impacts on intertidal waters would not be possible.
2. Minimization: Site tow work in water is being completed at low tide.The proposed project would result in 25 permanent piles and 32 temporary piles, instead of the previously authorized 213 piles (the previously authorized dock would not be constructed). A draft supplemental Biological Assessment was completed for the installation of the piles for the floating dock and boat launch. Modeling suggested that noise resulting from the installation of the proposed piles is anticipated to lower the area of impact to marine mammals, potentially reducing the marine mammal monitoring exclusion zone as a mitigation measure. To minimize underwater noise, placement of some of the boat ramp’s piles and rip rap would occur at low tides. Short-term water quality impacts would be mitigated by implementing an approved Stormwater Pollution Prevention Plan.
3. Furthermore, the proposed 3-foot-thick riprap layer and a 6-inch layer of bedding placed under the Wire Wall Sea Wall would reduce erosion potential in the long-term.
4. Mitigation: The permittee is not proposing compensatory mitigation.

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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