Notice of Intent To Prepare a Supplemental Environmental Impact Statement To Disclose the Environmental Impacts of Proposed Changes to the Kensington Gold Mine Project; Tongass National Forest, Chatham Area, Juneau Ranger District, Juneau, AK

DEPARTMENT OF AGRICULTURE

Notice of Intent To Prepare a Supplemental Environmental Impact

Statement To Disclose the Environmental Impacts of Proposed Changes to

the Kensington Gold Mine Project; Tongass National Forest, Chatham

Area, Juneau Ranger District, Juneau, AK

AGENCY: Forest Service, USDA.

ACTION: Notice, intent to prepare a supplemental environmental impact

statement.

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SUMMARY: Pursuant to section 102(2)(C) of the National Environmental

Policy Act of 1969, the USDA Forest Service, Chatham Area, under the

direction of the Juneau Ranger District, will prepare a supplemental

environmental impact statement (SEIS) to analyze and display the

effects of proposed changes to the Kensington Gold Project, located on

public and private lands in southeastern Alaska. The proposed mine is

operated by Coeur Alaska and is located approximately 45 miles north of

downtown Juneau. The Record of Decision for the original Final

Environmental Impact Statement was signed on January 29, 1992.

DATES: Comments will be accepted throughout the EIS process but, to be

most useful during the analysis they should be received in writing by

October 30, 1995.

ADDRESSES: Written comments and suggestions concerning the analysis

should be sent to Roger Birk, Minerals Management Specialist, Juneau

Ranger District, 8465 Old Dairy Road, Juneau, Alaska, 99801.

FOR FURTHER INFORMATION CONTACT:

Roger Birk, Minerals Management Specialist, Juneau Ranger District,

8465 Old Dairy Road, Juneau, Alaska 99801; phone (907) 586-8800; fax

(907) 586-8808.

SUPPLEMENTARY INFORMATION: The proposed operations are subject to

approval of a Plan of Operations under 36 CFR, Part 228, which is

intended to ensure that adverse environmental effects on National

Forest System lands and resources are minimized. The proposed changes

to the project's Plan of Operations include the following:

1. Advanced water treatment of the flotation tailings and

dewatered CIL effluent with underground tailings disposal.

2. Avalanche control and management.

3. Discharge of treated tailings pond effluent to Sherman Creek

with flow augmentation to meet end-of-pipe discharge standards.

4. New laydown area/helicopter pad relocation.

5. Use of diesel fuel for power generation rather than LPG

(liquified petroleum gas).

6. Temporary construction camp.

The purpose and need for the proposed amendments to the Plan of

Operations is to reduce potential impacts to commercial fisheries from

a mixing zone in saltwater, reduce risks from avalanches, and increase

the economic efficiency of the mine.

In addition to the Forest Service, the Environmental Protection

Agency and U.S. Army Corps of Engineers have jurisdiction and will

participate as cooperating agencies in the preparation of the SEIS. The

Forest Service has agreed to be the lead agency. EPA will be

responsible for assuring that the analysis provides sufficient

information for issuance of a National Pollutant Discharge Elimination

System permit under authority of the Clean Water Act. The Corps will be

responsible for ensuring that the analysis provides sufficient

information for issuance of a Section 404 of the Clean Water Act

permit, Section 10 of the Rivers and Harbors Act of 1899 permit, and

for compliance with Executive Order 11990 and 11900 for wetlands and

floodplains. Memorandums of Understanding will be initiated with both

of the cooperating agencies.

The decision to be made is whether or not to approve the Plan of

Operations as amended or require the operator to revise its proposal.

The original FEIS analyzed the effects of developing the Kensington

Gold Project. The SEIS will analyze only the effects of the proposed

changes to the Plan of Operations.

Key resources to be analyzed include water quality from the

discharge to Sherman Creek; impacts to wetlands; impacts to fisheries

from the discharge; visual and water quality effects and stability of

disturbed areas such as the laydown area, new fuel tank sites, and

avalanche control areas; air quality effects from diesel power

generation; spill potential and effects of hauling and handling

additional diesel fuel.

Gary A. Morrison, Forest Supervisor, Tongass National Forest,

Chatham Area, is the responsible official.

The Forest Service is seeking information and comments from

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Federal, State, and local agencies as well as individuals and

organizations who may be interested in, or affected by the proposed

action. Public scoping meetings are planned for Juneau at Centennial

Hall from 2 p.m. until 7 p.m. on Wednesday, October 11 and in Haines at

the Council Chambers in City Hall from 2 p.m. until 7 p.m. on Thursday,

October 12. If weather precludes travel to Haines on the 12th, the

meeting will be held October 19 instead.

The draft supplemental environmental impact statement should be

available for public review by December 15, 1995. The comment period on

the draft supplemental environmental impact statement will be 45 days

from the date the Environmental Protection Agency publishes the notice

of availability in the Federal Register.

The Forest Service believes, at this early stage, it is important

to give reviewers notice of several court rulings related to public

participation in the environmental review process. First, reviewers of

draft environmental impact statements must structure their

participation in the environmental review of the proposal so that it is

meaningful and alerts an agency to the reviewer's position and

contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,

553 (1978). Also, environmental objections that could be raised at the

draft environmental impact statement stage but that are not raised

until after the completion of the final environmental impact statement

may be waived or dismissed by the courts. City of Angoon v. Hodel, 803

F.2d. 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v.

Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these

court rulings, it is very important that those interested in this

proposed action participate by the close of the 45 day comment period

so that substantive comments and objections are made available to the

Forest Service at a time when it can meaningfully consider them and

respond to them in the final environmental impact statement. To assist

the Forest Service in identifying and considering issues and concerns

on the proposed action, comments on the draft environmental impact

statement should be as specific as possible. It is also helpful if

comments refer to specific pages or chapters of the draft statement.

Comments may also address the adequacy of the draft environmental

impact statement or the merits of the alternatives formulated and

discussed in the statement. Reviewers may wish to refer to the Council

on Environmental Quality Regulations for implementing the procedural

provisions of the National Environmental Policy Act at 40 CFR 1503.3 in

addressing these points.

The final supplemental environmental impact statement is scheduled

to be completed by February 15, 1996. The Forest Supervisor for the

Chatham Area of the Tongass National Forest will, as the responsible

official for the EIS, make a decision regarding this proposal

considering the comments, responses, and environmental consequences

discussed in the Final SEIS, and applicable laws, regulations, and

policies. The decision and supporting reasons will be documented in a

Record of Decision.

Dated: September 29, 1995.

Gary A. Morrison,

Forest Supervisor.

[FR Doc. 95-25512 Filed 10-13-95; 8:45 am]

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