Kensington Gold Mine Project, AK, Tongass National Forest-Chatham Area, Juneau Ranger District; Intent To Prepare a Supplemental Environmental Impact Statement

[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]

[Notices]

[Pages 37880-37881]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 96-18460]

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Notices

Federal Register

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Federal Register / Vol. 61, No. 141 / Monday, July 22, 1996 /

Notices

[[Page 37880]]

DEPARTMENT OF AGRICULTURE

Forest Service

Kensington Gold Mine Project, AK, Tongass National Forest-Chatham

Area, Juneau Ranger District; Intent To Prepare a Supplemental

Environmental Impact Statement

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 be preparing a supplemental

environmental impact statement 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.

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. Construction of a dry tailings (dewatered) storage facility

2. Relocation of the permanent camp facilities

3. Off-site processing of the flotation concentrate

4. Selective underground backfilling of tailings in the mine

5. Location of the concentrate storage area at Comet Beach

6. Use of diesel fuel for power generation rather than LPG (liquified

petroleum gas)

7. Redesign and alignment of the haul road

8. Relocation of diesel storage tank, laydown area, and explosive

storage

9. Separate treatment of mine drainage

10. Mine waste rock storage facility

11. New facilities for mine operations

12. Construction of additional settling ponds

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

Operations analyzed in the 1992 EIS, is to reduce potential impacts

from a mixing zone in saltwater; increase the assurance of meeting

water quality standards; minimize potential impacts to Ophir/Ivanhoe

and Sherman Creeks; reduce operational and maintenance requirements;

minimize reclamation and long term closure liabilities; 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 Orders 11990 and 11900 for wetlands and

floodplains. Memorandums of Understanding have been completed 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.

The SEIS will be prepared by a third party contractor, SAIC, for

the cooperating agencies under the direction of the Forest Service.

Key resources to be analyzed include stability of the dry tailings

storage area; impacts to wetlands; impacts to fisheries from the

discharge; visual and water quality effects and stability of disturbed

areas such as the dry tailings storage area, 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

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 2:00 p.m. until 7:00 p.m. on Wednesday, August 7 and in

Haines at the Council Chambers in City Hall from 2:00 p.m. until 7:00

p.m. on Thursday, August 8.

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

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

August 15, 1996.

The draft supplemental environmental impact statement should be

available for public review by October 1, 1996. 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 final supplemental

environmental impact statement is scheduled to be completed by December

15, 1996.

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

[[Page 37881]]

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.

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. The telephone

number is 907-586-8800 and the fax is 586-8808.

Dated: July 10, 1996.

Gary A. Morrison,

Forest Supervisor.

[FR Doc. 96-18460 Filed 7-19-96; 8:45 am]

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