Notice of Application for State Water Quality Certification - George Inlet Cannery

Notice of Application for State Water Quality CertificationPublic Notice (PN) Date: April 12, 2024 PN Reference Number: POA-2023-00240 v1.0 PN Expiration Date: May 2, 2024 Waterway: George Inlet 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=djeAHV8E4 on or before the public notice expiration date listed above.Applicant: Cape Fox Corp., Tim Lewis, 620 Dock St., Ketchikan, AK 99901, (907) 782-9471; tlewis@capefoxlodge.com Agent: MEA INC, Fred Monrean, PO Box 9343 Ketchikan, Alaska,15143 N. Tongass Hwy, Ketchikan, 99901; (907) 254-8640; fmonrean@kpunet.net.Project Name: George Inlet Cannery – George Inlet Cannery Repairs and UpgradesDates of the proposed activity is planned to begin and end: 06/01/2024 to 12/31/2028 Location: The proposed activity is located within Section 8, T. 75S, R. 95E, Copper River Meridian, in Ketchikan Gateway Borough, Alaska. Project Site (Latitude, Longitude): 55.382800, -131.46950.Purpose: The Stated Purpose of the project is to provide bus and truck access for the 1912 cannery structure, upgrade and repair the cannery as a tourist destination and create an enonomic engine for the Cape Fox Corporation and employment for the shareholders.Description of Proposed Work: Proposed work in summary is to include: The installation of a new dock, two 6'x60' aluminum ramps, a float system, a breakwater system, and the construction of a new access bridge for heavy trucks and busses. Dredging is planned for a new harbor area the dredged materials will be used to create a new access road to the cannery. Approximately 42 non-functional creosote pilings will be removed to clear area for a new harbor and a wire drag will be used to -8' to locate and remove broken off piles. Used piles are to be reused for repairs to existing piles supporting the existing cannery structure. New pilings will be installed to support the new dock and float system and bridge abutments will be installed with steel piles and concrete erosion protection systems. abandoned scrap steel and iron will be Removed from the uplands areas and be recycled. Removal of approximately 41 visible damaged piles as well as removal of any piles broken off by wire dragging to -8 feet. Replacement of 35 cannery support piles using the previously removed piles from other locations. Construction of a 6-foot by 80-foot aluminum ramp leading to a float system consisting of a12-foot by 280-foot float, an 8-foot by 100-foot float and an 8-foot by 200-foot float with sixteen 16-inch steel piles in the north harbor area. Construction of a 20-foot by 40-foot float, an 18-foot by 62-foot removable float, an 18-foot by 146-foot float, a 28-foot by 80-foot fuel float, and a 6-foot by 80-foot aluminum ramp, with eleven 16-inch steel piles in the south harbor area. Construction of a 24-foot by 140-foot pier with twenty-four 12-inch piles. Construction of a 28-foot by 40-foot store with twelve 12-inch steel piles. Driving and removal of two test piles. Removal of the current foot bridge over Beaver Falls Creek. Installation of a new 16-foot by 140-foot vehicle access bridge over Beaver Creek. The bridge would include two abutments and six 16-inch steel piles and concrete erosion protection systems. The north abutment would include the discharge of fill material into 0.0433-acre of waters below the high tide line (HTL). The center bridge abutment would include the discharge of fill material into 0.00046-acre of waters below the HTL. Construction of a new floating break water/shellfish rearing area system. The three break water structures would be 20-feet wide by 60-feet long by 4-feet deep with foam filled concrete. They would be held in place with twenty-four 12-ton concrete anchors and 3⁄4-inch galvanized chain. There would be 24 pens to rear oysters attached to the breakwaters. The baskets would be suspended at a depth of no more than 30 feet. Dredging would occur within two separate areas for a new harbor area. The north area would be dredged to -8 feet removing 4,469 cubic yards of material and the south area would be dredged to -8 feet removing 1,612 cubic yards of material. In total, up to 6,100 cubic yards of material would be removed and used for parking lots and road construction. Construction of tidal pool interpretative features consisting of four 35-foot by 45-foot pools below the mean high-water mark. One pool would have a replica of a native fish trap structure. Construction would consist of excavating to 12.7 feet for pool four, to 8 feet for pool three, to4.7 feet for pool two, and to 1.8 feet for pool one with a track hoe. Discharge of 35 cubic yard of large rocks into 35 square feet of waters below the HTL per pool would be completed to be used as the downstream edge of the ponds to reinforce the berm from wave action. Discharge of 520 cubic yards of dredged material in 0.0036-acre of waters below the HTL for construction of the north parking area. Discharge of 730 cubic yards of clean shot rock fill material in 0.0752-acre of waters below the HTL for construction of the south abutment bulkhead to the new dock.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: Only dredging in areas specifically related to the harbors.Complete avoidance of waters of the U.S. is not possible to meet the project purpose of upgrading the existing area to become a tourist destination as it is located below the high tide line. The applicant has stated, “Damage to tidal areas is avoided by construction of docks, bridges, floats and a floating breakwater in lieu of fill.” The applicant has avoided all impacts to wetlands and has avoided impacts to other waters of the US to the maximum extent possible. Minimization: Minimization will be obtained by keeping the footprint as small as possible and use sediment curtains as necessary.Impacts to waters of the U.S., including wetlands, would be minimized by only placing the minimal amount of fill necessary to stabilize the bridge, provide adequate parking based on a parking study, and to reinforce the tide pools. Mitigation: The applicant has proposed no compensatory mitigation for the project because they have minimized and avoided impacts through the design of the project. Mitigation will be achieved by removing the dredge materials from the tidal areas as soon as possible. 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: ; Received: