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PUBLIC NOTICE DATE: 20 July 2012EXPIRATION DATE: 20 August 2012REFERENCE NUMBER:
PUBLIC NOTICE DATE: 20 July 2012
EXPIRATION DATE: 20 August 2012
REFERENCE NUMBER: POA-2003-1007
WATERWAY: Tina Lake
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 Mary Lee Plumb-Mentjes at (907) 753-2789, by fax at (907) 279-0064, or by email at
Mary.Plumb-Mentjes@usace.army.mil if further information is desired concerning this notice.
US Army Corps
of Engineers
Alaska District
ANCHORAGE FIELD OFFICE
Regulatory Division (1145)
CEPOA-RD
1600 A Street, Suite 110
Anchorage, AK 99501-5146
Public Notice
of Application
for Permit
PUBLIC NOTICE DATE: 20 July 2012
EXPIRATION DATE:
20 August 2012
REFERENCE NUMBER:
POA-2003-1007
WATERWAY:
Tina Lake
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 Mary Lee
Plumb-Mentjes at (907) 753-2789, by fax at (907) 279-0064, or by email at
Mary.Plumb-Mentjes@usace.army.mil if further information is desired
concerning this notice.
APPLICANT: Alaska Department of Transportation and Public Facilities
(ADOT&PF), ATTN. Holly Sanders, Post Office Box 196900, Anchorage, Alaska
99519.
AGENT:
HDR Alaska, Inc., ATTN: Anna Kohl, anna.kohl@hdrinc.com.
LOCATION: The project site of West Dowling Road Phase II is located within
Wetland Unit 29, Maps 42, 43, 54, and 55, Anchorage Wetlands Atlas; Section
31, T. 13N.,R. 3W.; Section 6, T. 12 N., R. 3 W.; Section 1, T. 12 N., R. 4
W.; Seward Meridian; USGS Quad Map Anchorage A-8; Latitude 61.17ºN. and
Longitude -149.89º W.; west of C Street across northern end of Tina Lake to
Minnesota Drive, Anchorage, Alaska.
PURPOSE: The applicant's stated purpose is to continue the extension of
Dowling Road from the Phase I terminus west, providing an uninterrupted eastwest arterial from Sand Lake Road to Elmore, linking Jewel Lake Road,
Minnesota Drive, "C" Street, the Old and New Seward Highways, and Lake Otis
Parkway.
PROPOSED WORK: Discharge 59,205 cubic yards (cy) in 2.22 acres of waters of
the United States including the northern part of Tina Lake and adjacent
wetlands for the extension of West Dowling Road between "C" Street and
Minnesota Drive. All work would be performed in accordance with the enclosed
plan (sheets 1-3), dated May 1, 2012.
ADDITIONAL INFORMATION: The applicant reports that this extension will
improve the area's arterial network by providing an additional east-west
connection, segregate residential and truck traffic, reduce congestion at
nearby arterials (Dimond Boulevard, Tudor Road, and "C" Street), improve
neighborhood accessibility, provide improved connectivity, and mobility for
through-area trips, and improve convenience, mobility, and efficiency for
freight and emergency providers.
West Dowling Road Phase II is part of a multi-phased project to rehabilitate
and reconstruct Dowling Road from the Old Seward Highway west to Minnesota
Drive. After a Finding of No Significant Impact (FONSI) was signed by the
Federal Highway Administration (FHWA) for the 2007 Environmental Assessment
(EA), the project was divided into two phases for design. The project scope
for Phase II includes the following:
a) Extending West Dowling Road between Minnesota Drive and Raspberry Road
to include a four-lane arterial with a center median/turn lane and
pedestrian facilities;
b) Providing access between Arctic Boulevard and Electron Drive by
establishing Howard Holtan Court;
c) Providing new signalized intersections at the northbound offramp/Interstate Drive and the realigned Raspberry Road (68th Avenue)
areas;
d) Construction of a clear-span bridge over Arctic Boulevard and the
Alaska Railroad;
e) Redesigning access to Denali Industrial Park; and
f) Providing on-street bike lanes and separated pathway and sidewalk on
the new road extension.
The proposed project would involve discharge of fill in Tina Lake and
adjacent wetlands; these are jurisdictional waters of the United States that
connect through the storm drain system, Campbell Creek, and eventually into
Cook Inlet. The project would involve excavation (non-jurisdictional
activity) of 21,062 cubic yards (cy) from the wetlands and 8,442 cy from Tina
Lake. The project would involve discharge of 29,427 cy of fill in wetlands
and 29,778 cy in Tina Lake. The project would impact 1.09 acres of
scrub/shrub wetlands and 1.13 acres of pond.
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.
a. Avoidance: An alignment that completely avoids the Tina Lake open
water by routing the roadway north of its current location was considered,
but determined impractical due to multiple factors that would have increased
the project cost to an unreasonable level (unacceptable "C" Street
intersection geometry, increased business impacts, increased right-of-way
cost, and increased bridge length at Arctic Boulevard). Shifting the
alignment further north to completely avoid Tina Lake and the associated
wetland complex was not feasible due to the physical constraints of the
-2-
Alaska Railroad main line, Arctic Boulevard, and a Chugach Electric
Association transmission line. The configuration of wetlands surrounding
Tina Lake is large enough that completely avoiding the complex would require
substantial shifts in design, resulting in additional business relocations
and right-of-way and bridge costs that were determined unreasonable. Two
project alternatives: the No Build and the Rovenna Dowling (Proposed Action)
were considered in the FHWA environmental assessment.
b. Minimization: Design specification for roadway width, centerline
elevation, and side slope angles are determined by the DOT&PF Alaska
Preconstruction Manual. The current road bed meets design specifications
while affecting a minimum footprint. The following measures have been
included in the project planning and design to minimize impacts to wetland
impacts:
1) The existing broken stand pipe in Tina Lake would be replaced. The
new stand pipe would be installed with an inlet elevation that matches the
existing stand pipe's inlet elevation before the existing stand pipe was
damaged (104.7 feet). Thus, the new stand pipe would restore the lake and
wetland water surface elevation to a previous higher condition and stabilize
the lake surface elevation, providing a more consistent hydrologic
environment for the lake and surrounding wetlands. Replacement of the stand
pipe, elimination of the snow dump, and establishment of storm drains,
culverts, and infiltration basins associated with the project would improve
the water quality in the vicinity of Tina Lake from its current status.
2) The proposed project would transfer land that is currently privately
owned between the new roadway and the existing DOT&PF right-of-way to public
ownership, reducing the opportunity for industrial site development that
could be proposed under private ownership. While DOT&PF might provide access
for roadway improvements, management of the right-of-way would not support
industrial or commercial development that could occur if the area remained
under private ownership. The purchase and maintenance of right-of-way along
the project corridor would effectively create an easement along the project,
restricting additional commercial or industrial development in the immediate
proximity of the road. Maintenance of the project right-of-way would occur
for the life of the facility.
3) Storm water would be directed into drainage swales and filtered
before entering Tina Lake, which would be an improvement over current
conditions.
4) Fill slopes would be steepened in wetland areas to reduce
encroachment into wetlands.
5) Best management practices, developed in accordance with the
Environmental Protection Agency's "Storm Water Management for Construction
Activities: Developing Pollution and Prevention Plans and Best Management
Practices," EPA Document 832 R-92-005, would be employed to minimize the
introduction of sediment and minimize siltation of Tina Lake during fill
placement.
6) A Storm Water Pollution Prevention Plan would be implemented during
construction in compliance with an Alaska Pollutant Discharge Elimination
System Construction General Permit.
-3-
c. Compensatory Mitigation: The Anchorage Debit-Credit Methodology
(ADCM) was used to determine the amount of compensation required for
unavoidable impacts to water of the U.S., including wetlands. The ADCM was
designed by the Corps and EPA to apply a consistent and formatted approach to
quantify wetland disturbance and associated compensatory mitigation measures
within the Municipality of Anchorage. Using the ADCM, the project was
preliminarily determined to incur 2.20 debits. Several alternatives were
considered and discarded: a conservation easement covering the project rightof-way, and private property between the right-of-way and the new road;
acquisition of the six privately owned lots at the south end of Tina Lake;
and creation of wetland adjacent to the western edge of Tina Lake. Payment
of a fee in lieu of mitigation was determined to be the most effective method
to compensate for the project's unavoidable impacts to Tina Lake and area
wetlands. Fee in lieu mitigation supports flexibility for wetland
preservation and enhancement in the Anchorage area, since the Great Land
Trust is not limited to the property acquisition terms stipulated by the
ADOT&PF.
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 are no listed or eligible
properties in the vicinity of the worksite. Consultation of the AHRS
constitutes the extent of cultural resource investigations by the District
Commander at this time, and he is otherwise unaware of the presence of such
resources. This application is being coordinated with the State Historic
Preservation Office (SHPO). Any comments SHPO may have concerning presently
unknown archeological or historic data that may be lost or destroyed by work
under the requested permit will be considered in our final assessment of the
described work.
ENDANGERED SPECIES: No threatened or endangered species are known to use the
project area.
We have determined the described activity would have no effect on any listed
or proposed threatened or endangered species, and would have no effect on any
designated or proposed critical habitat, under the Endangered Species Act of
1973 (87 Stat. 844). Therefore, no consultation with the U.S. Fish and
Wildlife Service or the National Marine Fisheries Service is required.
However, 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).
No EFH species are known to use the project area.
-4-
TRIBAL CONSULTATION: The Alaska District fully supports tribal selfgovernance 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
-5-
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
authority:
(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 a Notice of Application for State Water Quality
Certification are enclosed with this Public Notice.
District Commander
U.S. Army, Corps of Engineers
Enclosures
-6-
K
East 36thPROJECT
Avenue
West 36th Avenue
tre
e
t
Juneau
Kodiak
ad
M U N I C I PA L I T Y
O F
A N C H O R A G E
Northwood Drive
d
d
Anchorage
Kenai
Bethel
ailro
aR
ar
CREEK
ISH
sk
Ala
S
n
pe
a
Ro
Fairbanks
LOCATION
AS
F
East Tudor Road
NAME: Alaska Department of
Transportation
WALDRON
PROJECT: West Dowling Phase II LAKE
DOT PROJECT NUMBER: 51030
CORPS FILE NUMBER:
POA-2003-1007-9
WATERBODY: Tina Lake
PROPOSED ACTIVITY: Road
Construction
East International
Road
Sec:Airport
31 T:
13N R: 03W M: Seward
Sec: 01 T: 12N R: 04W M: Seward
Sec: 06 T: 12N R: 03W M: Seward
Lat. 61°9'58.806"N
Long.:149°53'30.067"W
BENTZEN
LAKE
roa
d
West International Airport Road
SHEET 1 of 4 DATE: May, 01, 2012
PROJECT LOCATION MAP
TINA
LAKE
Dr
i ve
East Dowling Road
C Street
CONNERS
LAKE
Dr ive
Ea
Arctic Boulevard
West Po
tter
otter
st P
Jew
d
el Lake Roa
sk
Ala
ail
aR
a
Al
Old Seward Highway
BLUEBERRY
LAKE
a
sk
Raspberry Road
lro
ai
R
ad
LE
e
Driv
sota
TT
LI
e
Minn
C
STRAWBERRY
LAKE
St
ra
wb
er
ry
AM
P BELL CREEK
East 76th Avenue
a
Ro
TAKU
LAKE
d
Northwood Street
Seward Highway
FISH
EE
CR
BIRCH
LAKE
East Dimond Boulevard
CREEK
ELL
PB
M
I
King Street
CA
Legend
West Dimond
0 Boulevard
CAMPBELL
LAKE
0.25
0.5
1
Miles
Project Centerline
Lakes
Av
en
ue
North Star Street
West Pot
ter
Drive
PROJECT
LOCATION
West 57th Avenue
Fairbanks
Anchorage
Kenai
Bethel
Silverado Way
6t
h
Cope Street
W
es
t5
Dorbrandt Street
West 54th Avenue
Juneau
Kodiak
West 58th Avenue
TINA
LAKE
West Dowling Road
l
ie
N
ad
n
se
B Street
lro
ai
R
ay
W
ic
ct
Ar
Eula Street
a
sk
Mackay Street
a
Al
Howard Holtan Court
Bo
ev
ul
d
ar
West 64th Avenue
West 66th Court
d
oa
ed R
Unnam
Rovenna Street
Cheryl Street
West 71st Court
Legend
West 70th Avenue
West 71st Avenue
Project Centerline
Cut/Fill Line
Hart Street
e
Driv
Kirsten Circle
SHEET 2 of 4 DATE: May, 01, 2012
PROJECT PLAN
Stanley Drive
sota
Street
Joseph Street
Chad
ne
Min
NB off Rasp
berry
Ram
p
Heidi Circle
C Street
Raspberry Road
Gram Circle
ta
Minneso
Wes Way
Changepoint Drive
Ressel Avenue
I
NAME: Alaska Department of
Transportation
PROJECT: West Dowling Phase II
DOT PROJECT NUMBER: 51030
CORPS FILE NUMBER:
POA-2003-1007-9
WATERBODY: Tina Lake
PROPOSED ACTIVITY: Road
Construction
67th Avenue
West
Sec: 31 T: 13N R: 03W M: Seward
Sec: 01 T: 12N R: 04W M: Seward
Sec: 06 T: 12N R: 03W M: Seward
Lat:61°9'58.806"N
West 68th Avenue
Long:149°53'30.067"W
Arctic Spur Road
BLUEBERRY
LAKE
West 72nd Avenue
0
0.125
0.25
West 73rd Avenue
0.5
Miles
Fill in Wetland
Fill in Lake
Mapped Wetland
Lake
Silverado Way
PROJECT
LOCATION
Fairbanks
Anchorage
Kenai
Bethel
Juneau
Kodiak
00930161000
RAINTREE
PROPERTIES LLC
A
00930160000
WEIDNER
W DEAN
00930211000
S S FULLER
INC
TINA
LAKE
C Street
A
NAME: Alaska Department of
Transportation
PROJECT: West Dowling Phase II
DOT PROJECT NUMBER: 51030
CORPS FILE NUMBER:
POA-2003-1007-9
WATERBODY: Tina Lake
PROPOSED ACTIVITY: Road
Construction
Sec: 31 T: 13N R: 03W M: Seward
Sec: 01 T: 12N R: 04W M: Seward
Sec: 06 T: 12N R: 03W M: Seward
Lat:61°9'58.806"N
Long:149°53'30.067"W
N
Eula Street
Mike Street
Mackay Street
Howard Holtan Court
en
ls
ie
ay
W
Legend
Project Centerline
Cut/Fill Line
ka
as
Al
Fill in Wetland
R
ar
ev
ul
Bo
ad
lro
ai
ic
ct
Ar
I
d
0
SHEET 3 of 4 DATE: May, 01, 2012
TINA LAKE WETLANDS
Fill in Lake
125
250
500
Feet
Mapped Wetland
Lake
160
160
150
150
R/W
140
WETLAND AREA
140
TINA LAKE AREA
130
130
120
+
120
+
110
104.7
110
Tina Lake
100
100
LIMITS OF SUBEXCAVATION
90
80
90
-
-150
-140
-130
-120
-110
-100
-90
-80
-70
-60
-50
-40
-30
-20
-10
0
57+00
10
20
30
40
50
60
70
80
90
100
110
120
130
80
140
SECTION A-A
NAME: Alaska Department of
Transportation
PROJECT: West Dowling Phase II
DOT PROJECT NUMBER: 51030
CORPS FILE NUMBER:
POA-2003-1007-9
WATERBODY: Tina Lake
PROPOSED ACTIVITY: Road
Construction
Sec: 31 T: 13N R: 03W M: Seward
Sec: 01 T: 12N R: 04W M: Seward
Sec: 06 T: 12N R: 03W M: Seward
Lat:61°9'58.806"N
Long:149°53'30.067"W
SHEET 4 of 4 DATE: May, 01, 2012
TINA LAKE CROSS SECTION
PROJECT
LOCATION
Bethel
Fairbanks
Anchorage
Kenai
Kodiak
Juneau
SEAN PARNELL, GOVERNOR
STATE OF ALASKA
DEPT. OF ENVIRONMENTAL CONSERVATION
DIVISION OF WATER
401 Certification Program
Non-Point Source Water Pollution Control Program
ANCHORAGE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
WQM/401 CERTIFICATION
555 CORDOVA STREET
ANCHORAGE, ALASKA 99501-2617
PHONE: (907) 269-7564/FAX: (907) 334-2415
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-2003-1007,
Campbell Creek, 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.