Notice of Application for State Water Quality Certification

Public Notice (PN) Date: August 7, 2026            PN Reference Number: POA-2024-00047 v1.0
PN Expiration Date: September 7, 2026              Waterway: Snake 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) the 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-2024-00047 v1.0 or on or before the public notice expiration date listed above.

Applicant: AKDOT, Melissa Jensen, 2301 Peger Road, Fairbanks, AK 99709, (907) 388-1178; melissa.jensen@alaska.gov

Project Name: Nome Seppala Drive Upgrades

Dates of the proposed activity are planned to begin and end: 05/01/2027 to 10/31/2028

Location: The proposed activity is located within Sections 26, 27, T. 22 S, R. 34 W, Kateel River Meridian, in Nome Census Area, Alaska. Project Site (Latitude, Longitude): 64.507268, -165.42622.

Purpose: The applicant's stated purpose is to improve safety, extend the service life, and reduce maintenance associated with degraded roadways and poor drainage. The Seppala Drive Upgrade Project is needed to address poor conditions of pavement, drainage issues, traffic safety concerns, erosion concerns from the adjacent Snake River, overtopping of the road from storm surges, and a lack of continuous pedestrian facilities.

Description of Proposed Work: The Seppala Drive Upgrade project proposes to rehabilitate the full length of Seppala Drive, approximately 1.3 miles in length, between Bering Street and Airport Terminal Road. Work includes pavement rehabilitation, roadside hardware, drainage improvements, intersection improvements, ADA improvements, and subsurface utility upgrades. Work also includes raising the profile grade in places to prevent overtopping by storm surges and improving sight distances and turning movements and widening of the road in places to accommodate pedestrian facility improvements.

Proposed permanent impacts to wetlands include:

• Placement of approximately 2,700 cubic yards (CY) of fill above ordinary high water (OHW). Fill above OHW is needed for widening of road embankments due to grade raises and for construction of the maintenance access road.
• Proposed permanent impacts to waters include placement of approximately 4,280 CY of fill below OHW. Fill below OHW is needed for widening of road embankment adjacent to the Snake River and placement of riprap along the Snake River, Dry Creek, and Center Creek drainages.
• Additionally, approximately 920 CY of material is anticipated to be excavated below OHW to (1) create a bench for placed riprap in the Snake River drainage, and (2) install culverts in and to realign the Dry Creek and Center Creek drainages.

Total anticipated permanent impacts to wetlands and waters amount to 2.77 acres of jurisdictional waters of the U.S.

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: Given the location of Seppala Drive and its proximity to surrounding wetlands and waters, complete avoidance of wetland impacts is not feasible. Construction activities will be scheduled to avoid sensitive periods, including clearing migratory bird nesting windows and in-water work during salmon spawning windows. The project will obtain coverage under the Alaska Construction General Permit, and appropriate erosion and sediment control best management practices will be used to mitigate sediment pollution into adjacent wetlands and waters.
2. Minimization: Given the location of Seppala Drive and its proximity to surrounding wetlands and waters, complete avoidance of wetland impacts is not feasible. To minimize impacts, the following measures have been implemented:

   • The elevation of Seppala Drive has been maintained at its existing level wherever possible. In areas where the grade was elevated, the elevation was designed at the minimum height required to safeguard the road from storm surges.

   • The embankment slope of Seppala Drive has been designed with the steepest practicable slopes where crossing wetlands. This design choice minimizes embankment fill into adjacent wetlands.

   • The Dry Creek culvert utilizes a pipe arch design, which facilitates adequate fish passage while minimizing the necessary elevation of Seppala Drive. This minimizes the amount of embankment fill into the Dry Creek wetlands.

3. Mitigation: Measures included in the project are expected to result in a net benefit to waters of the U.S. Replacing the existing 6- and 7-foot diameter culverts at Dry Creek with a single 10.33-foot high by 15.33-foot-wide pipe arch will reestablish tidal exchange with the Dry Creek and Bourbon Creek wetlands, leading to an improvement of floodplain and ecological function. The new culvert will also improve fish passage.

The Center Creek and Dry Creek stream realignments will have channel characteristics similar to those of the existing streams.  Stream banks will be re-vegetated using native vegetative mats obtained from areas within the footprint of the new road embankment. In areas where riprap armoring is installed in the Snake River, Dry Creek, and Center Creek, vegetated riprap will be used above MHW. 

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 to participate in this public process, don't hesitate to get in touch with 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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