Public Notice (PN) Date: July 9, 2026                         PN Reference Number: POA-2020-00112 v1.0
PN Expiration Date: August 10, 2026                         Waterway: South Harbor Cove

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-2020-00112 v1.0, or on or before the public notice expiration date listed above.

Applicant: RM Ketchikan, Chris Piburn, 7180 Revilla Rd, Suite 300, Ketchikan, AK 99901, (907) 401-0155; chrispiburn@rmketchikan.com

Agent: R&M Engineering Ketchikan, Elijah Owens, 7180 Revilla Road, Suite 300, Ketchikan, AK 99901; (907) 401-1495; ian@rmketchikan.com.

Project Name: Piburn South Cove Fill

Dates of the proposed activity are planned to begin and end: 06/02/2025 to 07/03/2026

Location: The proposed activity is located within Section 8, T. 74S, R. 81E, Copper River Meridian, in the Prince of Wales-Hyder Census Area, Alaska. Project Site (Latitude, Longitude): 55.474678, -133.14195.

Purpose: The applicant’s stated purpose is to construct a building with an office space and rental rooms on top of the office space to be leased for the growing mariculture industry in Southeast Alaska.

Description of Proposed Work: The proposed building footprint is 35 feet by 100 feet. The proposed building would be two (2) stories. The lower level is intended to support marine-oriented commercial uses, including survey and engineering office space and harbor-oriented retail uses. The upper level is intended to provide short-term lodging accommodations serving fishing lodge guests, guides, and other marine-related visitors.

Bank stabilization would consist of a 120-foot-long precast concrete ecology block retaining wall located at and below the High Tide line. The wall would be approximately 10 feet in height and would function as a gravity retaining structure separating the shoreline from the upland building area. Approximately 200 cubic yards of 2-foot minus shot rock would be placed below the high tide line. Construction is anticipated to utilize conventional earthmoving and lifting equipment, including excavators, loaders, cranes, or similar machinery operating from the upland side of the project area to the maximum extent practicable. The waterward portion of the structure would be supported by fourteen (14) 16-inch-diameter galvanized steel piles. Pile installation is anticipated to occur using a vibratory hammer operated from either a crane positioned onshore or a barge-mounted crane, depending on final contractor selection and construction logistics. Impact hammer use may be utilized as necessary to achieve final pile embedment requirements.

Construction materials and equipment would be transported to the project site utilizing existing road access and/or marine transportation routes serving South Shelter Cove Harbor. Additionally, the applicant proposes to dredge approximately 500 cubic yards of material from the area adjacent to the dock to improve vessel access and maneuverability. Dredging is anticipated to be performed using mechanical excavation equipment operating from shore, the dock, or a barge/work platform, depending on the final contractor's means and methods. Material would be transported to an off-site upland location outside the waters of the United States.

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: The applicant states that the largest avoidance of impacts to the waters of the US was achieved in this project by selecting a location within an existing boat harbor. Additionally, the applicant states the property has been designated as marine industrial zoning by the local municipality. The substrate of the shoreline appears to consist mostly of previously dredged material, most likely as part of the original harbor design or maintenance.
2. Minimization: The applicant states that as part of the design, he intends to utilize 2-foot minus shot rock below the High Tide line from a pit source locally known to have a higher hardness and lower fines to reduce the escaping silts as the tide ebbs and floods. Silt booms would be used as necessary to contain any outflow of silted water into the adjoining harbor.

   A silt boom will be deployed to contain turbidity near shore during all filling and dredging activities.  All activity will occur during the lowest tidal series in July and August.  By using screened clean-shot rock, we will remove the largest source of contaminants this project is likely to encounter.

3. Mitigation: The applicant stated that no compensation is proposed for the limited unavoidable impacts of this project. The location identified for this project was chosen due to its location within an already developed harbor.

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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