Notice of Application for State Water Quality Certification - Yukon River Marshall Material Site

Notice of Application for State Water Quality CertificationPublic Notice (PN) Date: March 13, 2024 PN Reference Number: POA-2024-00057 v1.0 PN Expiration Date: April 2, 2024 Waterway: Yukon 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 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=x2M6ebsJEk on or before the public notice expiration date listed above.Applicant: Brice Incorporated, Paul Walsh, PO Box 70668, Fairbanks, AK 99707, (907) 371-5338; paulw@briceinc.comProject Name: Marshall Material Site and Access Road Dates of the proposed activity is planned to begin and end: 05/01/2024 to 12/31/2026 Location: The proposed activity is located within Section 12, 13, T. 21 N, R. 70 W, Seward Meridian, in Yukon-Koyukuk Census Area, Alaska. Project Site (Latitude, Longitude): 61.879645, -162.05282.Purpose: The applicant’s stated purpose is to expand the existing gravel and rock mining area to produce more construction aggregate that is needed for construction projects in the region. In addition, the applicant proposes to construct a bypass road for mining haul trucks to reduce traffic going through town where the local school and residential housing is located and to improve safety for local residents.Description of Proposed Work: The proposed project would involve expanding an existing gravel and rock mining area to produce more construction aggregate that is needed for construction projects in the region. Specifically, the mining operation would expand to the north, which would require additional area for overburden placement, which would impact 3.8 acres of shrub wetlands. When mining ceases, waste rock and overburden will be graded to overall slopes of 3:1 (H:V). Growth media stockpiles will be spread over the waste rock material to a minimum of one-foot depth. The regraded and covered waste rock will be reseeded. The applicant also proposes to build a new bypass road to the storage facility (old airport) in order to bypass the village, which will impact 2.4 acres of wetlands. The new road will improve public safety by eliminating heavy construction traffic through the Marshall community where the local school and residential housing is located. These construction activities in total will permanently impact approximately 6.2 acres of wetlands. No fill will be placed in the Yukon River for the loading facility.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 existing material site adjacent to the old Marshall Airport will be used for construction of the new bypass road.This avoids impacts in WOUS.The project maximizes the use of uplands and existing infrastructure and minimizesfill of wetlands for material pits, waste rock dumps, staging areas, and access roads. There are no identified alternatives that will impact less wetlands than the proposed action and satisfy the project purpose and need. The impacted wetlands are not associated with fish habitat. There are no discharges of toxic materials or contaminated sites impacted by the project. No endangered species or cultural resources will be impacted. No community water supplies, or local wells are impacted by the project. The barge landing location requires no fill in WOUS. Minimization: Material from this site will also be used to fulfill borrow requirements for the existing Marshall Airport and Access Road reconstruction effort in 2024. Rock material quality from this source meets DOT&PF Specifications for borrow material, but not for runway or road surfacing materials. Those rock materials will be sourced from the newly developed material site on Pilcher Mountain. Only on-site, non-mineralized rock (clean fill) will be used for construction. The bypass road will be built upon geotextile materials for tundra stabilization. Road width is 24 feet with 2:1 sideslopes on a 3-foot-deep base. The road width and sideslopes were reduced to minimize fill in wetlands. The bypass road was developed to provide a safe truck and haul route around town. All road widths were minimized and designed for the proposed equipment that will be available in the community. The project incorporates existing access routes to the greatest extent practicable to avoid and minimize impacts to WOUS. Mitigation: The bypass road is being constructed to minimize impacts to the community and provide a safe equipment by pass of Marshall. The project is in rural Alaska where the existing watershed has not been impacted by development. There are no local projects that can be undertaken for local wetland improvement. The gravel material pit and access road were designed around a gravel resource while utilizing all existing facilities. There are no mitigation banks nor In Lieu fee credit providers available for wetland impacts in Marshall. As such, no additional compensatory mitigation is proposed for the placement of fill in WOUS. There are no mitigation banks nor In Lieu fee credit providers available for wetland impacts in Marshall. As such, no additional compensatory mitigation is proposed beyond, avoidance , minimization and the implementation of project BMPs for the placement of fill in WOUS. 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: HQ1-7GHW-99TA4; Received: 2/6/2024 5:43:32 PM