Notice of Application for State Water Quality Certification - Port Valdez

Notice of Application for State Water Quality CertificationPublic Notice (PN) Date: March 5, 2024 PN Reference Number: POA-1979-00181 v1.0 PN Expiration Date: March 26, 2024 Waterway: Port Valdez 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 from 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 for a public hearing with respect to water quality, submit comments electronically via the DEC public notice site at https://water.alaskadec.commentinput.com?id=RaPMGS7dp on or before the public notice expiration date listed above.Applicant: Valdez Fisheries Development Association, Mike Wells, PO Box 125,1815 Mineral Creek Loop Road, Valdez, AK 99686, (907) 835-4874; mike.wells@valdezfisheries.comProject Name: VFDA Solomon Gulch Aquaculture Facility – Solomon Gulch Hatchery Brood Pond Maintenance Dates of the proposed activity is planned to begin and end: 05/01/2024 to 07/01/2024 Location: The proposed activity is located within Section 16, T. 9.S, R. 6W, Copper River Meridian, in Valdez-Cordova Census Area, Alaska. ATS 1140, ATS1358. Project Site (Latitude, Longitude): 61.084927, -146.30386.Purpose: The purpose of this pond and dike system was permitted by the Corp of Engineers to provide VFDA with an inter tidal area to mature and hold spawning salmon for its annual hatchery egg take needs. Similar work has been conducted to maintain and modify the pond over the years. This project will remove sediment that fills in from time to time from the overspill of Solomon Lake which is transported down Solomon Creek and deposited in the brood pond and along the alluvial fan at tidewater.Description of Proposed Work: Dredge approximately 3700cy of gravel fill from existing inter tidal pond to a maximum depth of -2.3 feet MLLW. Additional dredging of 900cy of gravel fill will be removed from an inter tidal area of Solomon Creek between the pond and the fish weir identified as the upper channel. Except for 350cy of fill that will be placed above high water in the designated fill area located at 61°.084593N 146°.302668W, all fill will be used to repair the ring dike to an approximate top width of 35 feet and a top elevation of 6 feet MLLW, creating a 10/1 slope on the interior of the pond. Existing rip rap will be salvaged and repositioned along exterior dike wall and new filter material and Class II Riprap will be added to armor the exterior side of the dike at a slope of 2/1 and reduce erosion. A cut out of dike between stations 7+00 and 9+00 will provide addition flushing and access at high tide. In total, 4,600 cubic yards of material would be dredged below the MHWM, and 4,250 cubic yards of dredged material would be discharged in 3.865 acres of waters of the U.S. below the HTL.Dates of the proposed activity is planned to begin and end: 05/01/2024 to 07/01/2024.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. Avoidance: The project is a maintenance of a permitted project and its purpose it to reshape existing features and reclaim the original tidal pond area that have filled in naturally. This project site was originally selected in the planning process because of its location immediately adjacent to the hatchery, and no other site on Port Valdez is suitable to address the hatcheries operational needs. It is not necessary to remove the dredge spoils because they are needed for repair of the existing project features as shown in the design configurations. Where necessary, fill surplus to the projects needs will be used at the hatchery uplands where there is room to receive it. Loading of a dredge barge for off shore disposal is prohibitive because of the shallow water depth even at high water. Minimization: The project site is determined to be least damaging site to wetlands because the work is largely contained within the existing project foot print. Impacts to surrounding wetlands will be further minimized because routes to and from the project site will be along Dayville Road and the hatchery uplands will be used for materials staging and provide access onto and off of the work site. Project work will be conducted at low tide, minimizing the redistribution of fill materials and siltation to surrounding vegetation. Vegetation is expected to be mainlyThe project is expected to be permitted by ADF&G Habitat Division between the outmigration of resident salmon fry in May and the return of adult salmon in July. This timing will also help to reduce interaction with marine mammals, including seals and sea lions and other wildlife attracted to the returning salmon. Mitigation: We do not feel that compensatory mitigation is required for this project because of the efforts to avoid and minimize the impacts of the project on the surrounding wetlands and wildlife. 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. For inquires or to request copies of the documents, contact dec-401cert@alaska.gov, or call 907-269-6285. Disability Reasonable Accommodation NoticeThe 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 Megan Kohler at 907-269-4198 or TDD Relay Service 1-800-770-8973/TTY or dial 711 prior to the expiration date of this public notice to ensure that any necessary accommodations can be provided.[1] Reference submission number: HQ1-SHTT-JSSFF; Received: 2/29/2024 4:40:42 PM