[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Notices]
[Pages 42314-42318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16920]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R10-OW-2014-0505; FRL-9913-96-Region-10]
Proposed Determination to Restrict the Use of an Area as a
Disposal Site; Pebble Deposit Area, Southwest Alaska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability and public hearing.
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SUMMARY: Pursuant to section 404(c) of the Clean Water Act (CWA), the
Environmental Protection Agency (EPA) Region 10 is requesting public
comments on its proposed determination to restrict the use of certain
waters in the South Fork Koktuli River (SFK), North Fork Koktuli River
(NFK), and Upper Talarik Creek (UTC) watersheds in southwest Alaska as
disposal sites for dredged or fill material associated with mining the
Pebble deposit, a copper-, gold-, and molybdenum-bearing ore body. EPA
Region 10 is also announcing a series of public hearings on this
section 404(c) proposed determination.
DATES: Submit comments on the proposed determination on or before
September 19, 2014. See PUBLIC HEARING section below for public hearing
dates and related information.
ADDRESSES: I. How to Obtain a Copy of the Proposed Determination: The
proposed determination is available primarily via the Internet on the
EPA Region 10 Bristol Bay site at www.epa.gov/bristolbay. Paper copies
are available upon request from either of the following locations:
EPA Alaska Operations Office, 222 W 7th Avenue, Room 537,
Anchorage, AK 99513. The telephone number for this office is (907) 271-
5083.
EPA Region 10, Public Environmental Resource Center, 1200
Sixth Avenue, Suite 900, Seattle, WA 98101. The telephone number for
this office is (800) 424-4372 or (206) 553-1200.
If you are requesting a paper copy, please provide your name, your
mailing address, and the document title, ``Proposed Determination of
the U.S. Environmental Protection Agency Region 10 Pursuant to Section
404(c) of the Clean Water Act; Pebble Deposit Area, Southwest Alaska.''
II. How to Submit Comments to the Docket at www.regulations.gov:
Submit your comments, identified by Docket ID No. EPA-R10-OW-2014-0505,
by one of the following methods:
Federal eRulemaking Portal (recommended method of comment
submission): Go to http://www.regulations.gov and follow the online
instructions for submitting comments.
Email: Send email to [email protected]. Include the docket
number EPA-R10-OW-2014-0505 in the subject line of the message.
Mail: Send your original comments and three copies to:
Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200
Pennsylvania Avenue NW., Washington, DC 20460, Attention: Docket ID No.
EPA-R10-OW-2014-0505.
Hand Delivery/Courier: Deliver your comments to EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington,
DC 20460, Attention: Docket ID No. EPA-R10-OW-2014-0505. Such
deliveries are accepted only during the Docket's normal hours of
operation, 8:30 a.m. to 4:30 p.m. ET, Monday through Friday (excluding
legal holidays). Special arrangements should be made for deliveries of
boxed information. The telephone number for the Water Docket is (202)
566-2426.
Submit at Public Hearing: see PUBLIC HEARINGS section
below.
Instructions: EPA's policy is that all comments received will be
included in the public docket without change and will be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected information through
http://www.regulations.gov or email. The http://www.regulations.gov Web
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
captured automatically and included as part of the comment that is
placed in the public docket and made publically available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA might not be able to consider your comment. Avoid
the use of special characters and any form of encryption, and ensure
that electronic files are free of any defects or viruses. For
additional information about EPA's public docket visit the EPA Docket
Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Some information, however, is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is publicly available only in hard copy. Publicly available
docket materials are available either electronically at http://www.regulations.gov or in hard copy at the Water Docket, EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m. ET,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is (202) 566-1744, and the telephone number
for the Water Docket is (202) 566-2426.
Public Hearings: In accordance with EPA regulations at 40 CFR
231.4, the Regional Administrator determined that public hearings on
this section 404(c) proposed determination are in the public interest.
The hearing dates and locations are as follows:
August 12, 2014--2:00 p.m., Egan Center, Anchorage, Alaska
August 13, 2014--5:00 p.m., Nondalton, Alaska
August 13, 2014--5:00 p.m., New Stuyahok, Alaska
August 14, 2014--5:00 p.m., Dillingham, Alaska
August 14, 2014--5:00 p.m., Kokhanok, Alaska
August 15, 2014--12:00 p.m., Igiugig, Alaska
August 15, 2014--12:00 p.m., Iliamna, Alaska
Additional hearing details and any changes to the schedule are
available at www.epa.gov/bristolbay. The purpose of the public hearings
is to obtain public testimony and comment on EPA Region 10's section
404(c) proposed determination regarding mining the Pebble deposit. The
Regional Administrator will designate the official who will preside at
the public hearing (the Presiding Officer). Any person may appear at
the hearing and submit oral and/or written statements or data and may
be represented by counsel or other authorized representatives. If you
would like to submit written comments you may do so at the public
hearings or by
[[Page 42315]]
one of the methods described in the section of this public notice
entitled: How to Submit Comments to the Docket at www.regulations.gov.
Members of the public can sign up to make a comment at the venue on
the day of the meeting. The following information will be requested for
each commenter: First name, last name, organization and title (if
applicable), city, state, email address, and phone number. Tribal
elders and elected officials will be invited to comment first. The
facilitator will then use a random number system to select individuals
who signed up to determine speaking order. Audio-visual equipment will
not be provided.
To maximize the number of individuals who are able to speak at the
hearing, oral statements may be limited to two minutes per person.
There will be no cross examination of any hearing participant, although
the Presiding Officer may make appropriate inquiries of any such
participant. The hearing will remain open, within reason, until
everyone who desires to speak has the opportunity.
EPA Region 10 will not respond to questions/comments during the
hearing. EPA Region 10 will consider the oral and written statements
received at the public hearings and other written comments submitted
pursuant to the instructions set forth in the section of this public
notice entitled: How to Submit Comments to the Docket at
www.regulations.gov. Any person may present written statements for the
hearing file, including rebuttals to other commenter statements, prior
to the time the hearing file is closed to public submissions.
FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the Water Docket; telephone: (202) 566-2426 or email:
[email protected]. For technical information concerning the proposed
determination, contact Judy Smith; telephone: (503) 326-6994 or email:
[email protected]. For more information about EPA's efforts in
Bristol Bay, copies of the section 404(c) proposed determination, or
copies of the Bristol Bay Assessment, see http://www.epa.gov/bristolbay.
SUPPLEMENTARY INFORMATION:
I. Information About the Proposed Determination
The U.S. Environmental Protection Agency (EPA) Region 10 is
requesting public comment on a proposed determination to restrict the
use of certain waters in the Bristol Bay watershed for disposal of
dredged or fill material associated with mining the Pebble deposit, a
large ore body in southwest Alaska. EPA Region 10 is taking this step
because of the high ecological and economic value of the Bristol Bay
watershed and the assessed unacceptable environmental effects that
would result from such mining. This proposed determination relies on
clear EPA authorities under the Clean Water Act (CWA), and is based on
peer-reviewed scientific and technical information. Its scope is
geographically narrow and it does not affect other deposits or mine
claim holders outside of those affiliated with the Pebble deposit. EPA
Region 10 is taking this step pursuant to section 404(c) of the CWA and
its implementing regulations at 40 CFR part 231.
Alaska's Bristol Bay watershed is an area of unparalleled
ecological value, boasting salmon diversity and productivity unrivaled
anywhere in North America. As a result, the region is a globally
significant resource with outstanding value. The Bristol Bay watershed
provides intact, connected habitats--from headwaters to ocean--that
support abundant, genetically diverse wild Pacific salmon populations.
These salmon populations, in turn, maintain the productivity of the
entire ecosystem, including numerous other fish and wildlife species.
The Bristol Bay watershed's streams, wetlands, and other aquatic
resources support world-class, economically important commercial and
sport fisheries for salmon and other fishes, as well as a more than
4,000-year-old subsistence-based way of life for Alaska Natives. Each
year Bristol Bay supports the world's largest runs of sockeye salmon,
producing approximately half of the world's sockeye salmon. These
sockeye salmon represent the most abundant and diverse populations of
this species remaining in the United States. Bristol Bay's Chinook
salmon runs are frequently at or near the world's largest, and the
region also supports significant coho, chum, and pink salmon
populations. Because no hatchery fish are raised or released in the
watershed, Bristol Bay's salmon populations are entirely wild. Bristol
Bay is remarkable as one of the last places on Earth with such
bountiful and sustainable harvests of wild salmon. One of the main
factors leading to the success of this fishery is the fact that its
aquatic habitats are untouched and pristine, unlike the waters that
support many other fisheries.
Nearly 70% of the sockeye and large numbers of the coho, Chinook,
pink, and chum salmon are harvested in commercial, subsistence, and
recreational fisheries before they can return to their natal lakes and
streams to spawn. Thus, these salmon resources have significant
economic, nutritional, cultural, and recreational value, both within
and beyond the Bristol Bay region. The Bristol Bay watershed's
ecological resources generated nearly $480 million in direct economic
expenditures and sales and provided employment for over 14,000 full-
and part-time workers in 2009. The Bristol Bay commercial salmon
fishery generates the largest component of this economic activity, with
an estimated value of $300 million (sales from fishers to processors)
and employment for over 11,000 full- and part-time workers (USEPA 2014:
Chapter 5).
In February 2011, Northern Dynasty Minerals Ltd. (NDM) and the
Pebble Limited Partnership (PLP) formally submitted information to the
U.S. Securities and Exchange Commission (SEC) that put forth plans for
the development of a large-scale mine at the headwaters of this
pristine ecosystem. Their proposal outlines several stages of mine
development, the smallest being a 2.0-billion-ton mine \1\ and the
largest being a 6.5-billion-ton mine \2\ (Ghaffari et al. 2011, SEC
2011), both of which are larger than 90% of the known ore deposits of
this type in the world (USEPA 2014: Chapter 4).
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\1\ Ghaffari et al. (2011) call the 2.0 stage mine the
``Investment Decision Case,'' which describes an initial 25-year
open pit mine life upon which a decision to initiate permitting,
construction, and operations may be based.
\2\ Ghaffari et al. (2011) call the 6.5 stage mine the
``Resource Case,'' which is based on 78 years of open pit production
and seeks to assess the long-term value of the project in current
dollars.
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The Pebble deposit is a large, low-grade, porphyry copper deposit
(containing copper-, gold-, and molybdenum-bearing minerals) that
underlies portions of the South Fork Koktuli River (SFK), North Fork
Koktuli River (NFK), and Upper Talarik Creek (UTC) watersheds. Based on
information provided by NDM and PLP to the SEC (Ghaffari et al. 2011,
SEC 2011), mining the Pebble deposit is likely to involve excavation of
the largest open pit ever constructed in North America, covering up to
6.9 square miles (17.8 km\2\) and reaching a depth of as much as 0.77
mile (1.24 km) (USEPA 2014: Chapter 6); for reference, the maximum
depth of the Grand Canyon is approximately 1 mile. Disposal of
resulting waste material would require construction of up to three mine
tailings impoundments covering an additional 18.8 square miles (48.6
km\2\) and waste rock piles covering up to 8.7 square miles (22.6
km\2\) (USEPA 2014: Chapter 6) in an area that
[[Page 42316]]
contains highly productive streams and wetlands. The volume of mine
tailings, and waste rock produced from the smallest mine proposed by
NDM/PLP to the SEC (Ghaffari et al. 2011, SEC 2011) would be enough to
fill a professional football stadium more than 800 times, whereas the
largest mine would do so more than 3,900 times.
In total, these three mine components (mine pit, tailings
impoundments, and waste rock piles) would cover an area larger than
Manhattan. Mine construction and operation would also require the
construction of support facilities, including a major transportation
corridor, pipelines, a power-generating station, wastewater treatment
plants, housing and support services for workers, administrative
offices, and other infrastructure. Such facilities would greatly expand
the ``footprint'' of the mine and affect additional aquatic resources
beyond the scope of this proposed determination. Although NDM/PLP's
preliminary plans (Ghaffari et al. 2011, SEC 2011) could change, any
mining of this deposit would, by necessity, require similar mine
components, support facilities, and operational features.
Given the extent of streams, wetlands, lakes, and ponds both
overlying the Pebble deposit and within adjacent watersheds, excavation
of a massive mine pit and construction of large tailings impoundments
and waste rock piles would result in discharge of dredged or fill
material into these waters. This discharge would result in complete
loss of fish habitat due to elimination, fragmentation, and dewatering
of streams, wetlands, and other aquatic resources. In addition, water
withdrawal and capture, storage, treatment, and release of wastewater
associated with the mine would significantly impair the fish habitat
functions of other streams, wetlands, and aquatic resources. All of
these losses would be irreversible.
Based upon information known to EPA about the proposed mine at the
Pebble deposit and its potential impact on fishery resources, and as a
result of multiple inquires, concerns, and petitions to EPA to use its
authorities to protect these fishery resources, EPA decided to conduct
an ecological risk assessment before considering any additional steps.
After three years of study, two rounds of public comment, and
independent, external peer review, EPA released its Assessment of
Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska
\3\ (the Bristol Bay Assessment) (USEPA 2014) in January 2014. The
Bristol Bay Assessment established that the extraction, storage,
treatment, and transportation activities associated with building,
operating and maintaining one of the largest mines ever built would
pose significant risks to the unparalleled ecosystem that produces one
of the greatest wild salmon fisheries left in the world. In simple
terms, the infrastructure necessary to mine the Pebble deposit
jeopardizes the long-term health and sustainability of the Bristol Bay
ecosystem.
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\3\ For more information about EPA's efforts in Bristol Bay or
copies of the Bristol Bay Assessment, see http://www.epa.gov/bristolbay.
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The Bristol Bay Assessment characterizes the significant ecological
resources of the region and describes potential impacts to salmon and
other fish from large-scale porphyry copper mining at the Pebble
deposit. The Bristol Bay Assessment evaluated these impacts using three
mine scenarios that represent different stages of mining at the Pebble
deposit, based on the amount of ore processed:
Pebble 0.25 stage mine (approximately 0.25 billion tons of
ore over 20 years);
Pebble 2.0 stage mine (approximately 2.0 billion tons of
ore over 25 years); and
Pebble 6.5 stage mine (approximately 6.5 billion tons of
ore over 78 years).
Ghaffari et al. (2011) indicate that the total mineral resources at
the Pebble deposit are now believed to be approximately 12 billion tons
of ore. Thus, it is expected that development of a mine at the Pebble
deposit would ultimately be much larger than the 0.25 stage mine and
could exceed the 6.5 stage mine. NDM has stated to the public that
``the Pebble deposit supports open pit mining utilizing conventional
drill, blast and truck-haul methods, with an initial mine life of 25
years and potential for mine extensions to 78 years and beyond'' (NDM
2011). This statement, along with others to investors, indicate that
NDM is actively considering a mine size between 2.0 and 6.5 billion
tons.
Nevertheless, EPA also assessed the impacts of a much smaller mine
footprint in the Bristol Bay Assessment. The 0.25 stage mine is based
on the worldwide median size porphyry copper deposit (Singer et al.
2008). Although this smaller size is dwarfed by the mine sizes that
NDM/PLP put forward to the SEC (Ghaffari et al. 2011, SEC 2011), its
impacts would still be significant.
In total, the Bristol Bay Assessment estimates that habitat losses
associated with the 0.25 stage mine would include nearly 24 miles (38
km) of streams, representing approximately 5 miles (8 km) of streams
with documented anadromous fish occurrence and 19 miles (30 km) of
tributaries of those streams (USEPA 2014: Chapter 7). Total habitat
losses would also include more than 1,200 acres (4.9 km\2\) of
wetlands, lakes, and ponds, of which approximately 1,100 acres (4.4
km\2\) are contiguous with either streams with documented anadromous
fish occurrence or tributaries of those streams. For the largest mine
that NDM/PLP put forward to the SEC (the 6.5 stage mine), stream losses
would expand to 94 miles (151 km), representing over 22 miles (36 km)
of streams with documented anadromous fish occurrence and 72 miles (115
km) of tributaries of those streams (USEPA 2014: Chapter 7). Total
habitat losses for the 6.5 stage mine would also include more than
4,900 acres (19.8 km\2\) of wetlands, lakes, and ponds, of which
approximately 4,100 acres (16.6 km\2\) are contiguous with either
streams with documented anadromous fish occurrence or tributaries of
those streams.
To put these numbers in perspective, stream losses for just the
0.25 stage mine would equal a length of more than 350 football fields
and the 0.25 stage mine wetland losses would equal an area of more than
900 football fields. Although Alaska has many streams and wetlands that
support salmon, individual streams, stream reaches, wetlands, lakes,
and ponds play a critical role in protecting the genetic diversity of
Bristol Bay's salmon populations. Individual waters can support local,
unique populations (Quinn et al. 2001, Olsen et al. 2003, Ramstad et
al. 2010, Quinn et al. 2012). Thus, losing these populations would
erode the genetic diversity that is crucial to the stability of the
overall Bristol Bay salmon fisheries (Hilborn et al. 2003, Schindler et
al. 2010, USEPA 2014: Appendix A).
These stream, wetland, and other aquatic resource losses also would
reverberate downstream, depriving downstream fish habitats of
nutrients, groundwater inputs, and other subsidies from lost upstream
aquatic resources. In addition, water withdrawal, capture, storage,
treatment, and release at even the 0.25 stage mine would result in
streamflow alterations in excess of 20% in more than 9 miles (nearly 15
km) of streams with documented anadromous fish occurrence. These
streamflow
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changes would result in major changes in ecosystem structure and
function and would reduce both the extent and quality of fish habitat
downstream of the mine to a significant degree. The impacts from the
larger mine sizes NDM/PLP has forecasted would be significantly higher.
The 2.0 and 6.5 stage mines would result in streamflow alterations in
excess of 20% in more than 17 miles (27 km) and 33 miles (53 km),
respectively, of streams with documented anadromous fish occurrence
(USEPA 2014: Chapter 7).
The CWA is a law essential for EPA's mission, which is to protect
and restore the environment and public health for current and future
generations. Section 404(c) of the CWA authorizes EPA to prohibit,
restrict, or deny the use of any defined area in waters of the United
States for specification as a disposal site whenever it determines,
after notice and opportunity for public hearing, that the discharge of
dredged or fill material into the area will have an unacceptable
adverse effect on fishery areas (including spawning and breeding
areas). EPA has used its section 404(c) authority judiciously and
sparingly, having completed only 13 section 404(c) actions in the 42-
year history of the CWA.
As a first step in the regulatory process pursuant to section
404(c), EPA Region 10 coordinated with NDM/PLP and the State of Alaska
to provide them an opportunity to submit information that demonstrated
either that no unacceptable adverse effects would result from
discharges associated with mining the Pebble deposit or that actions
could be taken to prevent unacceptable adverse effects on fishery
areas. EPA Region 10 met with both NDM/PLP and the State and extended
the time period for both to submit this information.
Both NDM/PLP and the State of Alaska submitted information that
raised scientific and technical issues, most of which had been
previously raised in public comments on the Bristol Bay Assessment.
However, this information did not demonstrate to the satisfaction of
EPA Region 10 that no unacceptable adverse effects on fishery areas
will occur should the disposal of dredged or fill material associated
with mining of the Pebble deposit proceed.
Therefore, EPA Region 10 has decided to take the next step in the
section 404(c) review process, publication of this proposed
determination. As part of a section 404(c) proposed determination, the
EPA Regional Administrator must identify a defined area, known as the
disposal site, where its prohibitions or restrictions would apply. In
this case, the proposed geographic boundaries of the potential disposal
site are the waters within the mine claims held by NDM subsidiaries,
including PLP, that fall within the SFK, NFK, and UTC watersheds. EPA
Region 10 focused on this area because it determined that it best
represents the smallest geographical area where the discharge of
dredged or fill material associated with mining the Pebble deposit is
most likely to occur.
To protect important fishery areas in the SFK, NFK, and UTC
watersheds from unacceptable adverse effects, EPA Region 10 recognizes
that losses of streams, wetlands, lakes, and ponds and alterations of
streamflow each provide a basis to issue this section 404(c) proposed
determination.
Given the proposals made by NDM/PLP to develop 2.0- and 6.5-
billion-ton mines at the Pebble deposit (Ghaffari et al. 2011, SEC
2011) and EPA's evaluation of the 0.25-billion-ton mine (USEPA 2014),
the Regional Administrator has reason to believe that mining of the
Pebble deposit at any of these sizes, even the smallest, could result
in significant and unacceptable adverse effects on ecologically
important streams, wetlands, lakes, and ponds and the fishery areas
they support.
Accordingly, the Regional Administrator proposes that EPA restrict
the discharge of dredged or fill material related to mining the Pebble
deposit into waters of the United States within the potential disposal
site that would, individually or collectively, result in any of the
following.
1. Loss of Streams
a. The loss of 5 or more linear miles of streams with documented
anadromous fish \4\ occurrence; or
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\4\ Anadromous fish are those that hatch in freshwater habitats,
migrate to sea for a period of relatively rapid growth, and then
return to freshwater habitats to spawn. For the purposes of these
restrictions, anadromous fish refers to coho or silver (Oncorhynchus
kisutch), Chinook or king (O. tshawytscha), sockeye or red (O.
nerka), chum or dog (O. keta), and pink or humpback (O. gorbuscha)
salmon.
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b. The loss of 19 or more linear miles of streams where anadromous
fish are not currently documented, but that are tributaries of streams
with documented anadromous fish occurrence; or
2. Loss of Wetlands, Lakes, and Ponds
The loss of 1,100 or more acres of wetlands, lakes, and ponds
contiguous with either streams with documented anadromous fish
occurrence or tributaries of those streams; or
3. Streamflow Alterations
Streamflow alterations greater than 20% of daily flow in 9 or more
linear miles of streams with documented anadromous fish occurrence.
These restrictions derive from the estimated impacts resulting from
the discharge of dredged or fill material associated with construction
and routine operation of a 0.25 stage mine at the Pebble deposit, as
evaluated in the Bristol Bay Assessment (USEPA 2014).
EPA Region 10's evaluation of relevant portions of the section
404(b)(1) Guidelines (40 CFR part 230) further demonstrates that
discharge of dredged or fill material resulting in the level of adverse
effects identified in the proposed restrictions could result in
unacceptable adverse effects on fishery areas. Degradation of these
aquatic resources would be even more pronounced given extensive
cumulative impacts at successive stages of mine expansion (i.e., 2.0
and 6.5 stage mines or larger) at the Pebble deposit, including
elevated instream copper concentrations sufficient to cause direct
toxicity to fish. Toxic effects on fish would include fish kills;
reduced survival, growth, and/or reproduction; and reduced sensory
acuity, which is important to salmon for locating natal streams,
finding food, and avoiding predators.
EPA Region 10 recognizes it has underestimated potential adverse
effects to resources within the SFK, NFK, and UTC watersheds from
mining the Pebble deposit for several reasons. This evaluation does not
include footprint impacts associated with all of the components
necessary to construct and operate such a mine (e.g., a major
transportation corridor, pipelines, a power-generating station,
wastewater treatment plants, housing and support services for workers,
administrative offices, and other infrastructure). It also does not
rely upon impacts resulting from potential accidents and failures as a
basis for its findings. There is a high likelihood that wastewater
treatment plant failures would occur, given the long management horizon
expected for the mine (i.e., decades). There is also real uncertainty
as to whether severe accidents or failures, such as a complete
wastewater treatment plant failure or a tailings dam failure, could be
adequately prevented over a management horizon of centuries, or even in
perpetuity, particularly in such a geographically remote area subject
to climate extremes. If such events were to occur, they would have
profound ecological ramifications. By not relying on potential
accidents and failures, EPA
[[Page 42318]]
Region 10 has employed a conservative analysis of adverse effects.
Known compensatory mitigation techniques are unlikely to offset
impacts of the nature and magnitude described in the proposed
restrictions. Compensatory mitigation is the concept of improving
stream or wetland health in other parts of the watershed to compensate
for stream or wetland destruction or degradation in a separate area.
Compensatory mitigation efforts typically involve restoration and
enhancement of waters that have potential for improvement in ecological
services. However, the waters of the Bristol Bay watershed are already
among the most productive in the world. EPA Region 10 sees little
likelihood that human activity could improve upon the high quality
natural environment in the Bristol Bay watershed that nature has
created and has thus far been preserved. Compensation methods proposed
by PLP, including placement of in-stream structures, stream
fertilization, and construction of spawning channels, have typically
had only variable, local, or temporary effects, were designed for use
in degraded watersheds, or resulted in adverse, unintended consequences
(USEPA 2014: Appendix J).
Mine alternatives with lower environmental impacts at the Pebble
deposit are not evaluated in either the Bristol Bay Assessment or this
section 404(c) proposed determination. If these proposed restrictions
are finalized, proposals to mine the Pebble deposit that have impacts
below each of these restrictions would proceed to the section 404
permitting process with the U.S. Army Corps of Engineers. Any such
proposals would have to meet the statutory and regulatory requirements
for permitting under section 404.
After evaluating available information, EPA Region 10 has reason to
believe that unacceptable adverse effects on fishery areas (including
spawning and breeding areas) could result from the discharge of dredge
or fill material associated with mining the Pebble deposit. Further, it
has not been demonstrated to the satisfaction of EPA Region 10 that no
unacceptable adverse effect(s) will occur.
EPA Region 10 is soliciting public comment on all issues discussed
in this proposed determination, including likely adverse impacts to
fishery resources, mitigation measures to potentially address these
impacts, and other options to restrict or prohibit potentially harmful
discharges of dredged or fill material associated with mining the
Pebble deposit. All comments will be fully considered as EPA Region 10
decides whether to withdraw the proposed determination or forward to
EPA Headquarters a recommended determination to restrict the use of
certain waters in the SFK, NFK, and UTC watersheds in southwest Alaska
as disposal sites for the discharge of dredged or fill material
associated with mining the Pebble deposit. Should EPA Region 10 make a
recommended determination, EPA Headquarters will then determine, based
on the recommended determination, public comments received on the
proposed determination, and all other available, relevant information,
whether to issue a final determination under section 404(c).
II. Solicitation of Comments on the Proposed Determination
Please see the section above entitled ADDRESSES for information
about how to obtain a copy of the proposed determination and how to
submit comments on the proposed determination. EPA Region 10 is
soliciting comments on all issues discussed in the proposed
determination. In particular, we request:
(1) Comments regarding whether the proposed determination should
become the recommended determination and ultimately the final
determination, and corrective action that could be taken to reduce the
adverse impact of the discharges.
(2) Additional information on the likely adverse impacts on fish
and other ecological resources of the receiving waters that would be
directly or indirectly affected by mining the Pebble deposit (including
the SFK, NFK, and UTC and downstream reaches of the Nushagak and
Kvichak Rivers).
(3) Additional information on the water quality, flora, fauna, and
hydrology of the waters identified in No. 2 above, and information on
the fish species that would be affected by aquatic ecosystem changes if
the discharges from the project occur.
(4) Additional information about wildlife species that would be
affected if the discharges from the project occur.
(5) Additional information about recreational uses of the project
area and how they would be impacted if the discharges from the project
occur.
(6) Additional information about drinking water (including
municipal water supplies and private sources of drinking water such as
streams and/or wells) and how they would be impacted if the discharges
from the project occur.
(7) Additional information on the potential for mitigation to be
successful in reducing the impacts of the project.
(8) Comments regarding the approach used to define the potential
disposal site, including how EPA Region 10 weighed the factors
discussed in section 2.2.3 and whether there are other factors or
approaches EPA Region 10 should consider for defining the potential
disposal site.
(9) Whether the discharge of dredged or fill material associated
with the project should be completely prohibited, restricted as
proposed, restricted in another manner, or not restricted at all at
this time. In particular, EPA Region 10 is also seeking comment on
whether environmental effects associated with other mine stages or
scenarios (e.g. environmental effects from mining approximately 2.0
billion tons of ore over 25 years) could provide a basis for
alternative or additional restrictions.
(10) Comment on the definitions provided in Section 5.
(11) Comment on whether and how EPA Region 10's action under
section 404(c) should consider discharge of dredged or fill materials
beyond those associated with the mine pit, tailings dam, and waste rock
piles, to include such discharges associated with the construction of
other mine infrastructure (e.g., wastewater treatment facilities,
transportation corridors, etc.).
All relevant data, studies, or informal observations are appropriate.
The record will remain open for comments until September 19, 2014. All
comments will be fully considered as EPA Region 10 decides whether to
withdraw the proposed determination or forward to EPA Headquarters a
recommended determination to restrict the use of certain waters in the
SFK, NFK, and UTC watersheds in southwest Alaska as disposal sites for
the discharge of dredged or fill material associated with mining the
Pebble deposit.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2014-16920 Filed 7-18-14; 8:45 am]
BILLING CODE 6560-50-P