Notice of Application for State Water Quality Certification

Public Notice (PN) Date: April 23, 2026
PN Expiration Date: May 25, 2026
PN Reference Number: POA-2025-00427 v1.0
Waterway: Ophir 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  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-2025-00427 v1.0 or on or before the public notice expiration date listed above.

Applicant: 
City and Borough of Yakutat, Jon Erikson, 434 Max Italio Drive, Yakutat, AK 99689, 907-784-3324; manager@yakutatak.us

Project Name: 
Yakutat Water Line Extension 

Dates of the proposed activity are planned to begin and end: 
04/01/2026 to 11/30/2027 

Location: 
The proposed activity is located within Section 5, T. 28S, R. 34E, Copper River Meridian, in Yakutat Borough, Alaska. Project Site (Latitude, Longitude): 59.526400, -139.69394.

Purpose: 
The detection of PFAS in drinking water wells near the Yakutat Airport has created a need for a long-term replacement water source for affected properties. The purpose of the proposed project is to provide a reliable drinking water supply for properties affected by PFAS contamination.

Description of Proposed Work: 
The applicant proposes to discharge approximately 1,500 cubic yards of fill material into 0.6 acres of wetlands and 0.7 acres of waters below the ordinary high water (OHW), to extend the municipal water supply line approximately 3.5 miles. The waterline extension would consist of approximately 18,000 linear feet of 10-inch line and 2,250 linear feet of 6-inch line, installed at a minimum of 5 feet below existing grade using trenching and boring techniques. The waterline would primarily be installed within existing road rights-of-way with an estimated 20 feet of disturbance on either side of the alignment resulting from vegetation clearing, trenching, excavation, and fill activities. 

Where the waterline follows Airport Road, it would be buried within the road prism and as close to pavement as possible to avoid the need for dewatering and to improve access to valves and hydrants that should not be placed in the adjacent channel. Where the alignment crosses stream channels, a waterline would be installed by horizontal directional drilling beneath the stream bed. Where stream channels run alongside the existing road alignment, a waterline would be installed below the OHW on the road embankment side of the channel. The disturbed slope would be reconstructed with material matching the existing embankment substrate, capped with four inches of topsoil, and seeded. Additionally, the project would involve the construction of a 500,000-gallon water holding tank and a 1,400-square-foot pump house.

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.

a. Avoidance: The applicant stated that the proposed alignment was selected to avoid wetlands where feasible by following existing corridors and minimizing the construction footprint. No trenching, clearing, side casting, or stockpiling of materials would occur in wetlands. Additionally, the water line will be installed using directional drilling where it passes under streams, where practical, to avoid impacts to anadromous streams.

b. Minimization: The applicant stated that the project would minimize impacts to wetlands and waters by following existing road corridors, siting work within an existing road prism, and as close to the road as possible, and using directional drilling to cross stream channels. Impacts to anadromous streams will be minimized by the implementation of BMPs, such as using silt fencing to isolate the work area. The areas with unavoidable stream impacts are previously human-altered ditch-streams, created due to the construction of the Yakutat Airport Road. The water line will expand the road prism slightly into the ditch stream in places. The addition of gravel fill to build out the road prism will not substantially alter the ditch stream bank or bed characteristics, as the current condition is vegetated gravel from the road construction. The project will secure an ADF&G Fish Habitat permit before beginning work.  Additionally, the applicant would implement a Stormwater Pollution Prevention Plan (SWPPP) with comprehensive temporary and permanent erosion, sediment, and pollutant control systems, including vegetative buffers, silt fences, seeding, and slope stabilization. Where the waterline would be installed below the OHW of roadside channels, sediment curtains would be installed to prevent sedimentation of streams, and minnows would be trapped and relocated outside of the work area.

c. Mitigation: Fill placed in wetlands will be revegetated after construction and monitored in accordance with the SWPPP.  The new road prism will have bank characteristics like those of the existing road prism. To compensate for unavoidable impacts to wetlands, the applicant proposes to purchase 0.08 mitigation credits from the Trillium Mitigation Bank, if available, which they calculated based on the Wetland Ecological Services Protocol for Alaska-Southeast (WESPAK-SE) functional assessment and the Alaska District Credit Debit Methodology (ADCDM).

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.