Notice of Application for State Water Quality Certification

Public Notice (PN) Date: March 25, 2026                   PN Reference Number: POA-2025-00491v1.0
PN Expiration Date: April 24, 2026                             Waterway: Delta and Eureka Rivers

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-2025-00491 v1.0 or on or before the public notice expiration date listed above.

Applicant: Alaska Energy Metals Development Corporation, Kyle Negri, 430 West 7th Ave, Suite 100, Anchorage, AK 99518, (907) 242-4364; knegri@alasakenergymetals.com

Agent: Consultant, Victor Ross, 962 North Meridian Place, Suite 1B, Wasilla, AK 99623; (907) 521-3588; victor.ross@stantec.com.

Project Name: Nikolai Nickel Project

Dates of the proposed activity are planned to begin and end: 06/01/2026 to 01/01/2031

Location: The proposed activity is located within Sections 25, 26, 35, T. 18 S, R. 10 E, Section 2, 6-11, T. 19 S, R. 10 E, Section 2-8, 11, 12, T. 19 S, R. 9 E, Section 12-16, 21-23, 26, T. 19 S, R. 8 E, Fairbanks Meridian, in Southeast Fairbanks Census Area, Alaska. Project Site (Latitude, Longitude): 63.250200, -146.17440.

Purpose: Alaska Energy Metals Development Corporation (AEMC) proposes to construct and operate a temporary access road and associated exploration support facilities to conduct mineral exploration activities at the Nikolai Nickel Project. The purpose of the project is to provide safe, reliable, and logistically sustainable access to a mineral exploration area for a Critical mineral to collect subsurface geological data to evaluate the mineral resource potential.

Description of Proposed Work: The project will begin with the rehabilitation of an existing 17-mile gravel road known as the Rainy Creek Mining Road. The existing road is located between the Delta River and Eureka Creek. The road is not currently passable due to multiple washouts and talus slides. Road maintenance will focus on returning the road to safe operating conditions for light trucks and tracked vehicles. Rehabilitation will consist of blading and recontouring the travel surface within the existing right of way. Where the existing road crosses streams or seeps, temporary mats or GeoBlocks will be used to prevent further degradation of water quality when crossing streams. No fills would be needed or used for the rehabilitation of the surface of the Rainy Creek Mining Road.

In addition to the rehabilitation, the project will involve the construction of 6 miles of new temporary gravel access road, averaging 13 feet wide toe-to-toe, to access the exploration site from the west end of the Rainy Creek Mining Road. The alignment of the new road was selected following evaluation of multiple access alternatives and was designed to minimize impacts to jurisdictional wetlands and waters to the maximum extent practicable. New road construction will involve mechanized land clearing of vegetation, placement of geotextile fabric, and placement of a gravel road prism. To maintain hydrologic connectivity, low water crossings will be installed at surface water crossings. The new road will disturb approximately 0.14 acres of wetland. Gravel will be sourced from uplands.

A temporary bridge will be placed over the Delta River. The structure will measure approximately 195 feet in length with a 14-foot-wide deck and will be 10 feet above the water surface. Eight driven pipe piles (18–24-inch diameter) will be used to support the bridge with 4 driven into the river channel below Ordinary High Water (OHW). Fill material for the abutments will total 1,830 cubic yards and cover 0.17 acres. Fill material will be sourced locally from an upland location, supplied by the construction contractor and hauled to the location. Shore bridge abutments will be located above the OHW on both BLM administered lands (west side) and State of Alaska submerged lands (east side).

A second temporary bridge will be situated over Eureka Creek. The crossing structure will measure approximately 300 feet in length with a 14-foot-wide deck from four feet to approximately 18 feet above the water surface. Fourteen driven pipe piles (18–24-inch diameter) will be used to support the bridge, with 12 driven into the river channel below OHW. Fill material for the abutments will total 1000 cubic yards in 0.25 acres, with an additional 1000 cubic yards excavated above OHW in uplands. Fill material will be sourced locally from an upland location. Shore abutments will be located above the OHW, with no fill placed below the OHW. The project includes construction of temporary exploration-related facilities, including a 15-acre pad for a man camp, staging area, and seasonal equipment laydown and parking, as well as up to 100 drill pads totaling approximately 9.4 acres in wetlands, primarily in scrub-shrub and emergent wetlands. Drill pads will be sited on previously disturbed areas or at upland edges where it is practicable to reduce wetland impacts. All wetland impacts will be reclaimed.

Exploration activities will consist of diamond core drilling using tracked drill rigs. Drill pads will be lined, and drilling fluids and cuttings dewatered using a hydrocyclone. No process chemicals will be used, and no drill cuttings will be discharged to wetlands or surface waters.

The project is anticipated to operate for five years. Upon completion of exploration activities, all temporary facilities would be decommissioned. Decommissioning would include removal of crossing structures and abutments, recontouring of road prisms and pads, replacement of salvaged organic material, and revegetation using native species to restore site conditions in compliance with Alaska Department of Natural Resources (ADNR) reclamation standards.

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.

• Planning and Design: During the planning phases, AEMC evaluated various road configurations and route alternatives to minimize impacts on wetlands and waters at the Nikolai Nickel Project.
• Access to the Exploration Area:
  • Existing Road Utilization: The Rainy Creek Mining Road serves as the access point, crossing the Delta River with a proposed bridge to reduce sediment impacts.
  • Temporary Bridges: A second temporary bridge is proposed for Eureka Creek. A six-mile temporary access road would be constructed with minimal fill in wetlands, guided by field-verified wetland mapping.
• Drilling Operations
  • Minimal Grading: Drilling operations would use track-mounted rigs to minimize grading and wetland disturbance, with drill pads sited to avoid wetlands whenever possible.
  • Environmental Protection: No chemicals would be used in drilling muds, and all drill cuttings would be contained on-site to prevent discharge into surface waters or wetlands.
• Construction Minimization Measures: Best Management Practices (BMPs): Implemented to further reduce impacts during construction, including:

• Erosion Control: Utilization of a Stormwater Pollution Prevention Plan (SWPPP) to manage erosion and sediment runoff.
• Surface Drainage Management: Ensuring existing drainage is maintained and monitored to prevent ponding.
• Invasive Species Control: Following guidelines to prevent the introduction of invasive species, including equipment cleaning, use of certified weed-free materials, and native seed mixes for revegetation.

1. Avoidance: The Rainy Creek Mining Road was used for the first 17 miles of the route to avoid new wetland fill. The new exploration route was selected using field-verified wetland mapping to avoid fills in wetlands along the route. The new road crosses streams and surface drainage features perpendicular to flow and wetlands at the narrowest points. Streams are crossed using low water crossings. The design has been developed to avoid wetlands and streams.

   The mineral exploration Project requires construction of temporary facilities, including a 15-acre pad for a man camp, staging and parking areas, and seasonal equipment laydown. The camp, laydown, and staging area were sited adjacent to the new exploration access road in the uplands. No wetlands will be filled or graded for these facilities. Earlier drilling pinpointed the AOI requiring detailed drilling and geologic investigation.  Drill pads have been sited on previously disturbed areas or uplands to reduce wetland fill. No material sites will be opened in wetlands for exploration. Only on-site, non-mineralized rock (clean fill) from uplands will be used for road construction.

2. Minimization: Preliminary wetland mapping for the project was used to minimize impacts to wetlands along the access corridor. Uplands and prior disturbance were prioritized for access routes and facilities. Bridges were incorporated at the Delta River and Eureka Creek to reduce sedimentation and improve safety for operators moving equipment and supplies to the site.

   The drill pads need to be located over the resource. The required 100 drill sites will be constructed with the minimum required grading. The first 17-mile portion of the road route utilizes existing road disturbance. The route follows an existing road to Eureka Creek. GeoBlocks will be used in wet areas to eliminate the development of multiple parallel pathways around wet low areas. GeoBlocks will be left in place for the duration of the project to support long-term benefits to water quality from reduced sedimentation runoff from the road.

   Initial drilling has pinpointed the AOI requiring detailed drilling and geologic investigation. The drill pads need to be located over the resource. The required 100 drill sites will be constructed with the minimum required grading. Temporary impacts from drilling, including access and pads, total 9.40 acres in wetlands. Where practicable, drill pads have been sited on previously disturbed areas or uplands to reduce wetland fill. Exploration drilling will use track-mounted core drilling rigs. Tracked rigs reduce grading for access and drill pad setup. Tracked equipment was selected as it does not require the precise road grades of wheel-mounted drill rigs. The track rigs will be able to travel in terrain with less grading and minimize wetland disturbance. There will be no discharge of drill cuttings or muds to surface waters or wetlands. Support equipment will use the same access roads as the drill rigs. Contiguous reclamation of drill sites will be completed as practicable. Drills will move systematically through each area, allowing reclamation to follow drilling when further access is no longer required.

3. Mitigation: The applicant proposes on-site wetland restoration of the proposed impacts to WOTUS. The Nikolai Nickel Project would be fully bonded for reclamation and closure with ADNR. At the end of exploration, surface disturbance would be reclaimed. The new access road to the drill area and drill sites would be restored. The impacts on WOTUS are temporary. These areas would be reseeded, and surface hydrology reestablished. The improvements to Rainy Creek Mining Road would be left in place to facilitate safe travel for other users. The GeoBlocks would be left in wet areas to maintain water quality improvements along the road.The 9.54 acres of fill in wetlands will be reclaimed when the Nikolai Nickel Project is complete.

Post-construction stabilization would include grading, recontouring, and seeding fill in disturbed areas. AMEC will use Native weed free seed mixes for revegetation and will minimize the introduction of invasive species to the project.  

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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