You can copy from here when filling out the rest of the page.
Provide moorage for a private boat and kayaks and allow continuous access to watercraft. Please
Provide moorage fora private boat and kayaks andallow continuous access towatercraft. Please contact Randal Vigil at (907) 790-4491, by fax at (907) 790-4497, or by email at Randal.P.Vigil@usace.army.mil if further information is desired concerning this notice.
POA-2012-46, Auke Bay
POA-2012-46, Auke Bay_PN Drawings and Water Cert
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-2012-46,
Auke 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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SE Alaska
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-140°
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60°
Skagway
Yakutat
Gustavus
Haines
Juneau
Hoonah
Petersburg
Sitka
Gulf of Alaska
Wrangell
SITE
Ketchikan
Craig
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POA-2012-46
Auke Bay
Robin Worden
USGS Quadrangle Juneau B2
December 12, 2012
Sheet 1 - 1
US Army Corps
of Engineers
Alaska District
Juneau Field Office
Regulatory Division (1145)
CEPOA-RD
8800 Glacier Highway, Suite 106
Juneau, Alaska 99801-8079
Public Notice
of Application
for Permit
AFTER-THE-FACT
PUBLIC NOTICE DATE:
January 18, 2013
EXPIRATION DATE:
February 19, 2013
REFERENCE NUMBER:
POA-2012-46
WATERWAY:
Auke 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 Randal Vigil at
(907) 790-4491, by fax at (907) 790-4497, or by email at
Randal.P.Vigil@usace.army.mil if further information is desired concerning this
notice.
APPLICANT:
Robin M. Worden, Post Office Box 211574, Auke Bay, Alaska 99821.
LOCATION: The project site is located within Section 22, T. 40 S., R. 65 E.,
Copper River Meridian; USGS Quad Map Juneau B-2; Latitude 58.382º N., Longitude
134.666º W.; USS 687, Lot 2; 12573 Auke Nu Drive, in Juneau, Alaska.
PURPOSE: The applicant's stated purpose is to provide moorage for his private boat
and kayaks and have continuous access to his water craft.
PROPOSED WORK: The applicant requests authorization for the following work in
waters and navigable waters of the United States (U.S.):
a. Discharge below the plane of the high tide line (approximate elevation
+20.3 feet above the 0.0 foot contour) approximately 50 cubic yards of shotrock and 20 cubic yards of imported D-1 fill material to retain approximately
0.014 acres of filled waters of the U.S. and fill an additional approximately
0.048 acres of waters to construct an approximate 10 feet wide by 270 feet
long path.
b. Construct in waters of the U.S. below the mean high water mark (approximate
elevation +14.8 feet above the 0.0 foot contour) (MHW), one 50 feet long by
10 feet wide, pile supported (2 each 12 inch diameter, galvanized steel)
horizontal float, connected to one 70 feet long by 6 feet wide, pile
supported (3 each 12 inch diameter, galvanized steel) perpendicular float,
connected to one 214 feet long by 5 feet wide, pile supported (12 each
12 inch diameter, galvanized steel) ramp.
All work would be performed in accordance with the enclosed plan (sheet 1-1), dated
December 12, 2012.
APPLICANT PROPOSED MITIGATION: The applicant proposes the following mitigation
measures to avoid, minimize, and compensate for impacts to waters of the U.S. from
activities involving discharges of dredged or fill material.
a.
Avoidance:
Complete avoidance of aquatic resources is not possible.
b. Minimization: The applicant has minimized impacts to waters of the U.S.
by proposing a straight line path from his existing driveway to the proposed dock
area. The route would take the proposed path through an area of higher tidal
elevation that would impact a lesser amount of waters. The route of the proposed
path consists mostly of large shale and bedrock.
c.
Compensatory Mitigation:
No compensatory mitigation is proposed.
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: The project area is within the known or historic range of the
Humpback whale (Megaptera novaeangliae) and Steller sea lion (Eumetopias jubatus).
We have determined the described activity would have no effect on the Humpback
whale or the Steller sea lion, 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
-2-
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 Chinook (Oncorhynchus
tshawytscha), chum (Oncorhynchus keta), Coho (Oncorhynchus kisutch), pink
(Oncorhynchus gorbuscha), and sockeye (Oncorhynchus nerka) salmon.
We have determined the described activity may adversely affect EFH in the project
area for pink salmon. The proposed project location is near-shore habitat
primarily for adult and juvenile salmon migration, which provides refuge from
predators and opportunity to rest. The proposed project would involve pile
driving, which may increase the potential for injury or mortality to salmon from
pressure waves generated from pile driving. This Public Notice initiates EFH
consultation with the NMFS. Any comments or recommendations they may have
concerning EFH will be considered in our final assessment of the described work.
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
-3-
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 U.S. Section 10 Rivers
and Harbors Act 1899 (33 U.S.C. 403).
(X) Discharge dredged or fill material into waters of the U.S. 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
-4-
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-2012-46,
Auke 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.
-170°
-160°
-150°
-140°
-130°
-120°
70°
-180°
F
60°
60°
Alaska
_
^
100 200
400
600
800
50°
0
50°
Miles
-170°
-160°
SE Alaska
-150°
-140°
-140°
-130°
60°
Skagway
Yakutat
Gustavus
Haines
Juneau
Hoonah
Petersburg
Sitka
Gulf of Alaska
Wrangell
SITE
Ketchikan
Craig
0 25 50
100
Metlakatla
0
150
0.125
0.25
0.5
0.75
1
Miles
Miles
-140°
POA-2012-46
Auke Bay
Robin Worden
USGS Quadrangle Juneau B2
December 12, 2012
Sheet 1 - 1
US Army Corps
of Engineers
Alaska District
Juneau Field Office
Regulatory Division (1145)
CEPOA-RD
8800 Glacier Highway, Suite 106
Juneau, Alaska 99801-8079
Public Notice
of Application
for Permit
AFTER-THE-FACT
PUBLIC NOTICE DATE:
January 18, 2013
EXPIRATION DATE:
February 19, 2013
REFERENCE NUMBER:
POA-2012-46
WATERWAY:
Auke 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 Randal Vigil at
(907) 790-4491, by fax at (907) 790-4497, or by email at
Randal.P.Vigil@usace.army.mil if further information is desired concerning this
notice.
APPLICANT:
Robin M. Worden, Post Office Box 211574, Auke Bay, Alaska 99821.
LOCATION: The project site is located within Section 22, T. 40 S., R. 65 E.,
Copper River Meridian; USGS Quad Map Juneau B-2; Latitude 58.382º N., Longitude
134.666º W.; USS 687, Lot 2; 12573 Auke Nu Drive, in Juneau, Alaska.
PURPOSE: The applicant's stated purpose is to provide moorage for his private boat
and kayaks and have continuous access to his water craft.
PROPOSED WORK: The applicant requests authorization for the following work in
waters and navigable waters of the United States (U.S.):
a. Discharge below the plane of the high tide line (approximate elevation
+20.3 feet above the 0.0 foot contour) approximately 50 cubic yards of shotrock and 20 cubic yards of imported D-1 fill material to retain approximately
0.014 acres of filled waters of the U.S. and fill an additional approximately
0.048 acres of waters to construct an approximate 10 feet wide by 270 feet
long path.
b. Construct in waters of the U.S. below the mean high water mark (approximate
elevation +14.8 feet above the 0.0 foot contour) (MHW), one 50 feet long by
10 feet wide, pile supported (2 each 12 inch diameter, galvanized steel)
horizontal float, connected to one 70 feet long by 6 feet wide, pile
supported (3 each 12 inch diameter, galvanized steel) perpendicular float,
connected to one 214 feet long by 5 feet wide, pile supported (12 each
12 inch diameter, galvanized steel) ramp.
All work would be performed in accordance with the enclosed plan (sheet 1-1), dated
December 12, 2012.
APPLICANT PROPOSED MITIGATION: The applicant proposes the following mitigation
measures to avoid, minimize, and compensate for impacts to waters of the U.S. from
activities involving discharges of dredged or fill material.
a.
Avoidance:
Complete avoidance of aquatic resources is not possible.
b. Minimization: The applicant has minimized impacts to waters of the U.S.
by proposing a straight line path from his existing driveway to the proposed dock
area. The route would take the proposed path through an area of higher tidal
elevation that would impact a lesser amount of waters. The route of the proposed
path consists mostly of large shale and bedrock.
c.
Compensatory Mitigation:
No compensatory mitigation is proposed.
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: The project area is within the known or historic range of the
Humpback whale (Megaptera novaeangliae) and Steller sea lion (Eumetopias jubatus).
We have determined the described activity would have no effect on the Humpback
whale or the Steller sea lion, 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
-2-
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 Chinook (Oncorhynchus
tshawytscha), chum (Oncorhynchus keta), Coho (Oncorhynchus kisutch), pink
(Oncorhynchus gorbuscha), and sockeye (Oncorhynchus nerka) salmon.
We have determined the described activity may adversely affect EFH in the project
area for pink salmon. The proposed project location is near-shore habitat
primarily for adult and juvenile salmon migration, which provides refuge from
predators and opportunity to rest. The proposed project would involve pile
driving, which may increase the potential for injury or mortality to salmon from
pressure waves generated from pile driving. This Public Notice initiates EFH
consultation with the NMFS. Any comments or recommendations they may have
concerning EFH will be considered in our final assessment of the described work.
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
-3-
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 U.S. Section 10 Rivers
and Harbors Act 1899 (33 U.S.C. 403).
(X) Discharge dredged or fill material into waters of the U.S. 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
-4-