Notice of Application for State Water Quality Certification

Public Notice (PN) Date: July 7, 2026                        PN Reference Number: RGP-05 v1.0
PN Expiration Date: August 6, 2026                          Waterway: Multiple

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: RGP-05 v1.0 or on or before the public notice expiration date listed above.

Applicant: USACE, Alaska District, Regulatory Division, Stephen Moore, U.S. Army Corps of Engineers, Regulatory Division,P.O. Box 6896, JBER, AK 99506, (907) 753-5713; stephen.a.moore2@usace.army.mil

Project Name: RGP-05 Multiple Waterways North Slope Activities

Dates of the proposed activity are planned to begin and end: 5 years from issuance.

Location: The proposed activity is located within Project Site (Latitude, Longitude): 70.231600, -148.40100.

Purpose: The purpose of RGP-05 is to streamline the permitting process for the discharge of dredge and/or fill into WOTUS for new construction or the expansion of existing pads and accompanying infrastructure, linear projects, and coastal erosion.

CHANGES FROM PREVIOUS RGP-05 (POA-2013-00094):

• Repeated use of this RGP for the same facility or project may authorize no more than ten (10) acres of total discharge. After impacting ten (10) acres for a project, any additional project modification that results in increased impact to WOTUS, including wetlands, will be evaluated under other permitting mechanisms available at the time of the proposed project modification.

• The option for the District Engineer (DE) to issue waivers for the Excluded Areas and Activities section has been removed.

• Additional evaluation/justification will be necessary for road widening projects that exceed 10 acres.

Description of Authorized Activities: the discharge of dredged and/or fill into WOTUS for new construction or the expansion of existing pads and accompanying infrastructure, linear projects, and coastal erosion on the North Slope of Alaska.

Applicant Proposed Mitigation: By following the RGP acreage limitations and avoiding excluded areas and activities as described under Authorized Activities above, the applicant will have ensured that the project has been designed to avoid and minimize impacts to high-value functioning WOTUS.

For all projects covered by this RGP, the district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal:

a. The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent to wetlands to the maximum extent practicable at the project site (i.e., on site).

b. Mitigation in all its forms (avoiding, minimizing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects on the aquatic environment are minimal.

c. Compensatory mitigation will be considered on a case-by-case basis for all wetland losses, unless the district engineer determines in writing that either some other form of mitigation would be environmentally preferable or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver for this requirement. For wetland losses, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR 332.

The prospective permittee is responsible for proposing an appropriate compensatory mitigation option, if compensatory mitigation is required, to ensure that the activity results in minimal adverse effects on the aquatic environment in the following order of preference:

• Mitigation bank credits: When permitted impacts are located within the service area of an approved mitigation bank, and the bank has the appropriate number and resource type of credits available, the permittee’s compensatory mitigation requirements may be met by securing those credits from the sponsor.
• In-lieu fee program credits: Where permitted impacts are located within the service area of an approved in-lieu fee program, and the sponsor has the appropriate number and resource type of credits available, the permittee’s compensatory mitigation requirements may be met by securing those credits from the sponsor. Where permitted impacts are not located in the service area of an approved mitigation bank, or the approved mitigation bank does not have the appropriate number and resource type of credits available to offset those Impacts, in-lieu fee mitigation, if available, is generally preferable to permittee-responsible mitigation.
• Permittee-responsible mitigation under watershed approach: Where permitted impacts are not in the service area of an approved mitigation bank or in-lieu fee program that has the appropriate number and resource type of credits available, permittee-responsible mitigation is the only option.
• Permittee-responsible mitigation through on-site and in-kind mitigation: In cases where a watershed approach is no practicable, the district engineer should consider opportunities to offset anticipated aquatic resource impacts by requiring on-site and in-kind compensatory mitigation. The district engineer must also consider the practicability of on-site compensatory mitigation and its compatibility with the proposed project.
• Permittee-responsible mitigation through off-site and out-of-kind mitigation: If, after considering opportunities for on-site, in-kind compensatory mitigation, the district engineer determines that these compensatory mitigation opportunities are not practicable, are unlikely to compensate for the permitted impacts, or will be incompatible with the proposed project, and an alternative, practicable off-site and/or out-of-kind mitigation opportunity is identified that has a greater likelihood of offsetting the permitted impacts or is environmentally preferable to on-site or in-kind mitigation, the district engineer

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 that 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 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 before the expiration/closure date of this public notice to ensure that any necessary accommodations can be provided.

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