Notice of Application for State Water Quality Certification

Public Notice (PN) Date: October 7, 2026           PN Reference Number: POA-2026-00351 v1.0
PN Expiration Date: November 6, 2026              Waterway: Jamestown Bay

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-2026-00351 v1.0 or on or before the public notice expiration date listed above.

Applicant: Private, Marcus Hernandez, 108 Lincoln Street, Sitka, AK 99835, (907) 225-7917; marcus@sitkafurgallery.com

Project Name: 1618 Sawmill Creek Road Dock Reconfiguration

The proposed activity is planned to begin and end: 03/01/2027 to 05/31/2027

Location: The proposed activity is located within Section 6, T. 56S, R. 64E, Copper River Meridian, in the City and Borough of Sitka, Alaska. 3-0765-000. Project Site (Latitude, Longitude): 57.046300, -135.29250.

Purpose: The project consists of constructing a new concrete block seawall, 8ft high and 68 feet long, to retain fill and stabilize the site to construct a two-story residential building with a garage and apartment.

Description of Proposed Work: The applicant requests authorization to discharge approximately 168 cubic yards of shot rock fill and 40.3 cubic yards of pre-cast concrete blocks (consisting of 68 blocks, each measuring 2' x 2' x 4') into 0.0144 acres (627 square feet) of marine intertidal waters below the High Tide Line (HTL, elevation +12.7 feet MLLW) of Jamestown Bay. The proposed fill would be fully retained behind a new 8-foot-high, 68-linear-foot concrete block gravity seawall. The fill would stabilize the shoreline and create a level, stable surface for a residential garage and apartment building. All proposed seawall construction and backfilling activities would occur strictly when the intertidal footprint is dewatered during lower tidal cycles.

The project provides an environmental uplift by extracting an older 825-square-foot "L" shaped wooden float from the bay. The new structural components substitute legacy treated timber with inert materials, specifically utilizing a new 16-foot by 60-foot concrete float and 12-inch galvanized steel piles.

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 there are no practical alternatives for avoidance due to the location and nature of the project. The lot is of minimal size and is constrained by a large 14-foot setback from the Alaska Department of Transportation (ADOT) highway right-of-way, which restricts development options. The majority of the lot was filled several years ago. The applicant asserts that constructing a seawall to square off the remainder of the property is the most practical option

   The design avoids driving unnecessary new piles by cutting off and reusing two existing 12-inch diameter wooden piles. The existing 5-foot-wide by 55-foot-long aluminum gangway is being relocated and reused rather than placing new temporary or permanent structures in the water.

   In-water work is scheduled for the lowest feasible point in the tidal cycle to avoid deeper-water impacts.

2. Minimization: The applicant states that the minimal size of the seawall and fill was specifically chosen to avoid impacting the adjacent tideland areas to the greatest extent possible. Contractors will install new piles using a vibratory hammer rather than an impact hammer to reduce hydroacoustic shock waves in the marine environment. If an impact hammer is required, contractors will implement strict "soft-start" procedures, delivering initial strikes at no more than half power to allow marine life to leave the area. Dedicated Protected Species Observers (PSOs) will be continuously stationed on-site to monitor and enforce a 150-meter shutdown zone around the pile driving activities. To minimize entanglement hazards to marine life, all closed loops on materials (e.g., packing straps, rings) will be cut before disposal, and all ropes and nets will be securely contained.
3. Mitigation: The applicant has provided the following explanation why compensatory mitigation should not be required: Due to the minimal, localized footprint of the proposed intertidal discharge (0.0144 acres), the lack of Submerged Aquatic Vegetation (SAV) in the work area, and the requirement to conduct all work during dewatered tidal phases, the proposed project would not result in significant degradation of aquatic resources. Therefore, compensatory mitigation is not proposed.

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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