[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]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  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]
BILLING CODE 3410-11-M