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PUBLIC NOTICE DATE: June 21, 2012EXPIRATION DATE: July 23, 2012REFERENCE NUMBER:
PUBLIC NOTICE DATE: June 21, 2012
EXPIRATION DATE: July 23, 2012
REFERENCE NUMBER: POA-2012-0343
WATERWAY: Kasnyku Bay
Interested parties are hereby notified that a Department of the Army permit application has been received for work in waters of the United States as described below and shown on the enclosed project drawings.
Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Linda Speerstra at (907) 747-0658, or by email at linda.speerstra@usace.army.mil if further information is desired concerning this notice.
US Army Corps
of Engineers
Alaska District
SITKA FIELD OFFICE
Regulatory Division (1145)
CEPOA-RD
Post Office Box 16
Sitka, Alaska 99835
Public Notice
of Application
for Permit
PUBLIC NOTICE DATE: June 21, 2012
EXPIRATION DATE: July 23, 2012
REFERENCE NUMBER: POA-2012-0343
WATERWAY: Kasnyku Bay
Interested parties are hereby notified that a Department of the Army permit
application has been received for work in waters of the United States as described
below and shown on the enclosed project drawings.
Comments on the described work, with the reference number, should reach this office
no later than the expiration date of this Public Notice to become part of the
record and be considered in the decision. Please contact Linda Speerstra at (907)
747-0658, or by email at linda.speerstra@usace.army.mil if further information is
desired concerning this notice.
APPLICANT: Scott Wagner, Northern Southeast Regional Aquaculture Association, Inc.
(NSRAA), 1308 Sawmill Creek Road, Sitka, Alaska 99835.
LOCATION: The project site is located within Section 2, T. 54 S., R. 66 E., Copper
River Meridian; USGS Quad Map Sitka A-3; Latitude 57.2161º N., Longitude 134.8696º
W.; in Kasnyku Bay on Baranof Island.
PURPOSE: The applicant's stated purpose is to: maintain and improve access and
safety at the Hidden Falls Hatchery with the following improvements:
1. Improve safety and access for freight loading and off-loading area by
constructing a pile supported pier with associated gangways, float and
piles.
2. Increase and reconfigure boat moorage by relocating existing floats, adding
one new float and installing additional piles.
3. Reconstruct the existing barge ramp by dredging old materials and
installing new concrete ramp planks to improve access by barge and landing
crafts at all tidal stages.
PROPOSED WORK: The applicant proposes the following work and placement of
structures below the plane of the High Tide Line (HTL) (approximate elevation +18.4
feet above the 0.0 foot contour) and Mean High Water (MHW) (approximate elevation
+12.9 feet above the 0.0 foot contour) within a total of 0.34 acres of waters of
the United States (U.S.).
Barge Ramp Reconstruction & Electrical Line Relocation
·
·
·
·
·
Dredge 300 cubic yards (cy) of gravel material below the HTL (approximate
footprint 0.09 acres) to provide an evenly sloped surface for a new concrete
ramp. Any surplus dredged materials would be placed in an upland site.
Discharge 40 cy of Class II riprap material, 96 cy of precast concrete
planks, 160 cy of reclaimed gravel, and 79 cy of clean gravel and sand.
Place three 6-inch x 12-inch x 130-foot treated timber sleepers.
Relocate an existing electrical line adjacent to concrete planks.
Remove treated timber bulkhead (30-feet x 4-feet x 6-inches).
Overall barge ramp impacts would result in the permanent loss of 0.142 acres of
marine intertidal substrate.
Pier Construction and Boat Moorage Reconfiguration
·
Removal of:
o Two galvanized steel piles
o Thirteen creosote piles
o One steel framed pier (50' x 25')
o One steel framed gangway (277 square feet (sf))
o One elevated treated timber walkway (376 sf)
o concrete footings at existing pier base
·
Relocation of:
o One wood framed foam float (25' x 40')
o One concrete float (25' x 48')
o Three wood framed foam finger floats (8' x 20')
·
Construction, Installation and/or moorage of:
o One pipe pontoon or concrete float (25' x 48')
o One pipe pontoon or concrete float (33' x 46')
o One gangway approach pier (14' x 38')
o One covered gangway approach to float (8' x 85')
o One pile supported pier (14' x 158')
o Six 16-inch steel float piles
o Six 12-inch steel fender piles
o Eighteen 16-inch steel pier piles
·
Discharge of:
o 70 cy of clean gravel and sand to support the pier approach
Overall pier construction and float impacts would result in the permanent loss of
0.04 acres of marine intertidal substrate and the use of 0.16 acres of marine
waters.
All work would be performed in accordance with the enclosed plan (sheets 1-10),
dated June 2012.
APPLICANT PROPOSED MITIGATION: The applicant proposes the following mitigation
measures to avoid, minimize, and compensate for impacts to waters of the United
States (U.S.) from activities involving discharges of dredged or fill material.
a. Avoidance: The applicant states: "The fill footprint for the boat ramp
has been designed to utilize the existing ramp to avoid additional impacts to
waters of the U.S. Additionally, no grounding of floating structure will occur at
any tidal stage."
b. Minimization: The applicant states: "To minimize impacts to Essential
Fish Habitat (EFH) during construction, NSRAA intends to implement the following
minimization measures:
· A vibratory hammer shall be used to drive piles to the maximum extent
practicable, except under those conditions where an impact hammer is
required to adequately install the piles.
· Fill material shall be free of fine sediments and contaminants.
· In-water pile driving shall occur between June 1 July 31.
c. Compensatory Mitigation: The applicant states: "No compensatory
mitigation is proposed due to the minor impacts to waters of the U.S.
WATER QUALITY CERTIFICATION: A permit for the described work will not be issued
until a certification or waiver of certification, as required under Section 401 of
the Clean Water Act (Public Law 95-217), has been received from the Alaska
Department of Environmental Conservation.
CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources
Survey (AHRS) has been consulted for the presence or absence of historic
properties, including those listed in or eligible for inclusion in the National
Register of Historic Places. There is a registered or eligible property in the
vicinity of the worksite. It has been designated SIT-00119. Because it has been
determined to be outside of the project area, no further action is required.
ENDANGERED SPECIES: The project area is within the known or historic range of the
Humpback whale (Megaptera novaeangliae), and Steller sea lion (Eumetopias jubatus).
Preliminarily, we have determined the described activity may affect but is not
likely to adversely affect the threatened Humpback whale or the endangered Steller
sea lion. We have also preliminarily determined the activity would have no effect
on the species' designated critical habitat, under the Endangered Species Act of
1973 (87 Stat. 844).
This application is being coordinated with the U.S. Fish and Wildlife Service and
the National Marine Fisheries Service (NMFS). Any comments they may have
concerning endangered or threatened wildlife or plants or their critical habitat
will be considered in our final assessment of the described work.
ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management
Act, as amended by the Sustainable Fisheries Act of 1996, requires all Federal
agencies to consult with the NMFS on all actions, or proposed actions, permitted,
funded, or undertaken by the agency, that may adversely affect Essential Fish
Habitat (EFH).
The project area is within the known range of the The project area is within the
known range of the five Pacific Salmon species, Oncorhynchus tshawytscha, (King
Salmon), Oncorhynchus kisutch, (Coho Salmon), Oncorhynchus nerka, (Sockeye Salmon),
Oncorhynchus keta, (Chum Salmon) and Oncorhynchus gorbuscha (Pink Salmon).
Preliminarily, we have determined the described activity would not adversely affect
EFH in the project area with the implementation of the mitigation measures
described above.
TRIBAL CONSULTATION: The Alaska District fully supports tribal self-governance and
government-to-government relations between Federally recognized Tribes and the
Federal government. Tribes with protected rights or resources that could be
significantly affected by a proposed Federal action (e.g., a permit decision) have
the right to consult with the Alaska District on a government-to-government basis.
Views of each Tribe regarding protected rights and resources will be accorded due
consideration in this process. This Public Notice serves as notification to the
Tribes within the area potentially affected by the proposed work and invites their
participation in the Federal decision-making process regarding the protected Tribal
right or resource. Consultation may be initiated by the affected Tribe upon
written request to the District Commander during the public comment period.
PUBLIC HEARING: Any person may request, in writing, within the comment period
specified in this notice, that a public hearing be held to consider this
application. Requests for public hearings shall state, with particularity, reasons
for holding a public hearing.
EVALUATION: The decision whether to issue a permit will be based on an evaluation
of the probable impacts including cumulative impacts of the proposed activity and
its intended use on the public interest. Evaluation of the probable impacts, which
the proposed activity may have on the public interest, requires a careful weighing
of all the factors that become relevant in each particular case. The benefits,
which reasonably may be expected to accrue from the proposal, must be balanced
against its reasonably foreseeable detriments. The outcome of the general
balancing process would determine whether to authorize a proposal, and if so, the
conditions under which it will be allowed to occur. The decision should reflect
the national concern for both protection and utilization of important resources.
All factors, which may be relevant to the proposal, must be considered including
the cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and
wildlife values, flood hazards, floodplain values, land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water quality,
energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving 404 discharges, a permit will be denied if the discharge that
would be authorized by such permit would not comply with the Environmental
Protection Agency's 404(b)(l) guidelines. Subject to the preceding sentence and
any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a
permit will be granted unless the District Commander determines that it would be
contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State, and
local agencies and officials; Indian Tribes; and other interested parties in order
to consider and evaluate the impacts of this proposed activity. Any comments
received will be considered by the Corps of Engineers to determine whether to
issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects, and the other public
interest factors listed above. Comments are used in the preparation of an
Environmental Assessment and/or an Environmental Impact Statement pursuant to the
National Environmental Policy Act. Comments are also used to determine the need
for a public hearing and to determine the overall public interest of the proposed
activity.
AUTHORITY:
This permit will be issued or denied under the following authorities:
(X) Perform work in or affecting navigable waters of the United States
Section 10 Rivers and Harbors Act 1899 (33 U.S.C. 403).
(X) Discharge dredged or fill material into waters of the United States
Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest
review will consider the guidelines set forth under Section 404(b) of the Clean
Water Act (40 CFR 230).
Project drawings, and Notice of Application for State Water Quality Certification
are enclosed with this Public Notice.
District Commander
U.S. Army, Corps of Engineers
Enclosures
Siteplans
401 Certification
SEAN PARNELL, GOVERNOR
STATE OF ALASKA
DEPT. OF ENVIRONMENTAL CONSERVATION
DIVISION OF WATER
401 Certification Program
Non-Point Source Water Pollution Control Program
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
WQM/401 CERTIFICATION
410 WILLOUGHBY AVENUE
JUNEAU, ALASKA 99801-1795
PHONE: (907) 465-5321/FAX: (907) 465-5274
NOTICE OF APPLICATION
FOR
STATE WATER QUALITY CERTIFICATION
Any applicant for a federal license or permit to conduct an activity that might
result in a discharge into navigable waters, in accordance with Section 401 of the
Clean Water Act of 1977 (PL95-217), also must apply for and obtain certification
from the Alaska Department of Environmental Conservation that the discharge will
comply with the Clean Water Act, the Alaska Water Quality Standards, and other
applicable State laws. By agreement between the U.S. Army Corps of Engineers and
the Department of Environmental Conservation, application for a Department of the
Army permit to discharge dredged or fill material into navigable waters under
Section 404 of the Clean Water Act also may serve as application for State Water
Quality Certification.
Notice is hereby given that the application for a Department of the Army Permit
described in the Corps of Engineers' Public Notice No. POA-2012-0343, Kasnyku Bay,
serves as application for State Water Quality Certification from the Department of
Environmental Conservation.
After reviewing the application, the Department may certify there is reasonable
assurance the activity, and any discharge that might result, will comply with the
Clean Water Act, the Alaska Water Quality Standards, and other applicable State
laws. The Department also may deny or waive certification.
Any person desiring to comment on the project, with respect to Water Quality
Certification, may submit written comments to the address above by the expiration
date of the Corps of Engineer's Public Notice.
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