[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Notices]
[Pages 53582-53583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25512]



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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 

[[Page 53583]]
    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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