PUBLIC NOTICE
Alaska Department of Environmental Conservation (DEC)
Wastewater Discharge Authorization Program/§401 Certification
555 Cordova Street, Anchorage AK 99501-2617
Phone: 907-269-6285 | Email: DEC-401Cert@alaska.gov
Notice of Application for State Water Quality Certification
Public Notice (PN) Date: May 12, 2026 PN Reference Number: POA-2005-00246 v1.0
PN Expiration Date: June 11, 2026 Waterway: Hotham 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-2005-00246 v1.0 or on or before the public notice expiration date listed above.
Applicant: Kikiktagruk Inupiat Corporation, Thomas Baker, PO Box 1050, Kotzebue, AK 99752, (907) 442-3165; tbaker@kikiktagruk.com
Agent: MLP and Associates, Maria Lewis, 721 Depot Drive, Anchorage, AK 99501; (907) 885-0271; maria@mlpassociates.com.
Project Name: Nimiuk Point Sand and Gravel KIC
Dates of the proposed activity are planned to begin and end: 05/15/2026 to 10/31/2030
Location: The proposed activity is located within Sections 25 and 30, T. 16N, R. 15 and 16 W, Kateel River Meridian, in the Northwest Arctic Borough, Alaska. Project Site (Latitude, Longitude): 66.762260, -162.01474.
Purpose: This project aims to extract sand and gravel for road construction, landfill reclamation, sewer cell improvements, and building pads in Kotzebue, Alaska. The proposed project includes the extraction of sand and gravel from freshwater emergent wetlands with vegetation consisting of grass and tundra.
Description of Proposed Work: The project site is a partially developed 27-acre piece of land with a narrow sand and gravel beach and adjacent tundra wetlands. Behind these are approximately 70-foot bluffs and tundra beyond. The area of extraction is freshwater emergent wetlands with vegetation consisting of grasses and tundra.
The site will be accessed by beach landing craft and/or deck barge with a landing ramp adjacent to the cell 2 site. It is anticipated that there will be approximately 12 barge trips per year between May/June and September. Other vehicle traffic to the site will employ four-wheelers and/or snow machines along informal trails to/from Kotzebue. Winter access to the project site is limited due to offshore ice.
The material extraction area is approximately 9.73 acres, occurring in two separate phases. Cell 1 will be excavated until all material is exhausted, and then cell 2 will be excavated. Approximately 104,000 cubic yards of sand/gravel will be extracted from the material source. Work will take place 12 hours per day, 7 days per week. Equipment and supplies will be stored on-site in the project staging area in the uplands of cell 2. The combined footprint area of these activities would result in impacts to 8.8 acres of palustrine wetland. Topsoil and overburden removed from the extraction area will be stockpiled onsite for reuse in the southern end of the extraction area. Overburden would be removed with crawler dozers. Extraction would be performed with a combination of hydraulic excavators and wheeled front-end loaders. Some processing of the material would occur onsite with a screen plant, crusher, grizzly, and/or sand separator. The material would be transported across the site to a barge for transport to Kotzebue by either front-end loaders or articulated dump trucks. The overburden and top-soil stockpile will be at the southern end of the extraction area. Material extraction is not planned within a 100-foot setback/buffer from adjacent properties and Hotham Inlet. The extraction area will be graded such that stormwater and any other potential discharges cannot travel into wetlands onsite or offsite, and waters of the U.S. Material extraction is to take place within wetlands and in accordance with the U.S. Army Corps of Engineers permit requirements.
Reclamation will begin after the extraction period once all aggregates are exhausted. A reclamation plan will be filed with the state before extraction activities commence. Existing USGS topographical information on the property.
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.
- Avoidance: Material extraction is to take place within wetlands and in accordance with the U.S. Army Corps of Engineers permit requirements. Complete avoidance of wetlands is not practicable to accomplish the purpose and needs of this project. No in-water work is expected to take place during the extraction of materials. Temporary stockpiles will be placed at least 100 feet away from the waters of the U.S. The project requires excavation in freshwater emergent wetlands to extract suitable sands and gravels for the construction of regional projects. The applicant has ownership of the property and subsurface.The subject property is in a remote location with access to the site by beach landing craft and/or deck barge with a landing ramp adjacent to the extraction site. Other vehicle traffic to the site will employ four-wheelers and/or snow machines along informal trails to/from Kotzebue.
- Wetlands are located on the subject property, and avoiding all wetlands to meet the project’s purpose and needs is not practicable. Project alternatives, including no action, barging gravel from Nome, single-phase extraction at the proposed location, and the proposed location in two-phase extraction, were evaluated to identify the most practicable alternative after taking into consideration site logistics, Alaska Department of Transportation (ADOT) construction requirements, noise pollution, and the overall project purpose. Alternatives were considered, with the current proposed project being the most reasonable and practicable alternative. The alternatives considered included the following:
- Minimization: The proposed site's selection is based on utilizing the applicant’s property, with a small extraction site of 9.73 acres. To further minimize impacts to the waters of the U.S., the project is designed to reduce wetland impacts to the greatest extent practicable. Complete avoidance of wetlands is not practicable to accomplish the purpose and needs of this project. To minimize the impact of this project on the environment, the following measures are proposed:
• The proposed project will follow any necessary USFWS and NOAA Fisheries recommendations to avoid disturbing migratory birds or Threatened or Endangered species.
• Project activities will attempt to avoid any water bodies. There are no known Historic Properties.
• The limits of extraction will be clearly identified in the field prior to extraction to ensure the permitted project footprint is not exceeded during development.
• Extraction will occur in two Phases, one cell at a time, until all usable material is exhausted.
• Movement of construction equipment would be restricted to within the identified project boundaries to minimize disturbance to native vegetation.
• Stockpiles, if any, would not occur in wetlands that are not proposed for permanent fill placement and would be covered to protect from stormwater runoff.
• BMPs such as fiber rolls would be installed and implemented to minimize the introduction of additional suspended sediment into the wetlands.
• All refuse, garbage, or debris created during activities will be removed and disposed of at an approved facility.
- Mitigation: After aggregate material has been mined, the site will be reclaimed as a revegetated marshland. The purpose of the reclamation plan is to provide guidelines for implementing stabilization and reclamation procedures for the material source. Reclamation will take place at the end of the complete extraction, once all aggregates are exhausted, and results in a revegetated native marsh. A reclamation plan has been developed for this project, along with a site-specific revegetation plan.
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.