Notice of Intent To Prepare an Environmental Impact Statement To

From: GPO_OnLine_USDA
Date: 2001/03/29


[Federal Register: March 29, 2001 (Volume 66, Number 61)]
[Notices]
[Page 17139-17140]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr01-33]

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DEPARTMENT OF AGRICULTURE

Forest Service

Notice of Intent To Prepare an Environmental Impact Statement To
Disclose the Environmental Impacts of Proposed Changes to the Kennecott
Greens Creek Mine Tailings Disposal Site; Tongass National Forest,
Admiralty National Monument, Juneau, AK

AGENCY: Forest Service, USDA.

ACTION: Notice, intent to prepare an 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, Tongass National Forest,
under the direction of the Juneau Ranger District, will prepare a
environmental impact statement (EIS) to analyze and display the effects
of proposed changes to the Kennecott Greens Creek Mine, located on
public and private lands in southeastern Alaska. The Mine is operated
by Kennecott Greens Mining Company and is located approximately 40
miles southwest of downtown Juneau. An Environmental Impact Statement
was completed and a Record of Decision signed on January 21, 1983 for
operation of the Greens Creek Mine.

DATES: Comments will be accepted throughout the EIS process but, to be
most useful during the analysis they should be received in writing by
April 30, 2001.

ADDRESSES: Written comments and suggestions concerning the analysis
should be sent to Eric Ouderkirk, Landscape Architect, Juneau Ranger
District, 8465 Old Dairy Road, Juneau, Alaska; 99801 or e-mail to
eouderkirk@fs.fed.us.

FOR FURTHER INFORMATION CONTACT: Eric Ouderkirk, Landscape
Architect,Juneau Ranger District, 8465 Old Dairy Road, Juneau, Alaska
99801; phone (907) 586-8800; fax (907) 586-8808 or e-mail to
eouderkirk@fs.fed.us

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 United States
Department of Agriculture, Forest Service (USFS) proposes to approve an
amendment to the Kennecott Greens Mining Company's (KGCMC) General Plan
of Operations to authorize the construction of additional dry tailings
storage beginning in the late spring of 2002. The additional disposal
area would be designed to provide tailings storage for the remaining
life of the mine (approximately 14 years), including development of
potential new reserves. Permitting this expansion will require
modifying the existing lease.
    The proposed action would include an 84.5 acre expansion of the
boundaries of the existing tailings facility to the west/southwest,
including additional area for rock quarries, water management pond, and
a storage area for reclamation materials. The actual tailings placement
area, as proposed, would occupy approximately 40 acres, with the
remaining 44.5 acres used for infrastructure, quarry and borrow sources
and potential long-term tailings disposal needs.
    In general, the proposed action would authorize the following:
    1. Expansion of the existing Pit 5 quarry to provide within the
tailings disposal area.
    2. Development of two new quarries within bedrock ridges at the
south end of the proposed lease boundary. These two quarries would be
used as a source of construction materials for infrastructure
development, and for road construction as needed.
    3. Construction of a new water management pond system for storm
water storage and treatment/
    4. Installation of surface water and groundwater controls and
diversions, for expansion of the tailings pile.
    5. Placement of tailings in a ``de-watered'' state to the maximum

[[Page 17140]]

elevation of 330 ft. with 3H:1V (horizontal to vertical) external
slopes in the same manner currently used. Tailing will be on the dame
material as is currently being placed.
    6. Use of the existing Containment pond No. 6 for containment and
storage of sludge materials produced during tailings placement, and
eventually placement of tailings.
    7. Development of a storage area for excavated reclamation
materials (topsoil and organics).
    8. Development of borrow areas (sand and gravel) for infrastructure
development and reclamation materials storage.
    The disposal facility would be designed to meet the following
criteria:
    1. Interception and diversion systems would be designed and
constructed to control non-contact water around the treatment facility.
    2. Approved containment structures either manmade or natural (e.g.,
liner, slurry walls, low permeability deposit) would be utilized to
protect groundwater.
    3. Tailings contact water would be collected and treated during
operations.
    4. To meet geotechnical requirements, appropriate phreatic levels
will be maintained within the tailings pile by means of drainage
infrastructure.
    5. Non-contact water will continue to be diverted around the
tailings and contact water will be treated through the existing
permitted discharge system.
    A reclamation plan, subject to approval by the Forest Service and
agencies with permitting jurisdiction, would be required prior to
implementation to set performance criteria for achieving water quality
standards. As proposed, KGCMC would place an engineered cover on the
tailings pile to minimize air and water infiltration. The final lift of
tailings would be covered with a sequence of capillary breaks,
compacted material and a growth media for concurrent reclamation, in
compliance with the General Plan of Operations.
    The purpose and need for the Proposed Action is to consider changes
to the 1983 approved Plan of Operations for the Greens Creek Mining
Company regarding tailings disposal in order to allow for continued
operations.
    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 EIS. The
Forest Service has agreed to be the lead agency. EPA will be
responsible for assuring that the analysis provides sufficient
information for revision of the 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 permits required under Section
404 of the Clean Water Act permit and Section 10 of the Rivers and
Harbors Act of 1899 permit, and for compliance with Executive Order
11990 and 11900 related to 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 1983 EIS analyzed the effects of developing the Greens Creek Mine
and the Record of Decision approved the conditions under which the
project could proceed. This EIS will analyze the effects of proposed
changes to the Plan of Operations for expansion of the tailings
facility that differ from those approved in the 1983 decision.
    Key resources to be analyzed include water quality; impacts to
wetlands; impacts to fisheries from the discharge; and potential for
impacts to the wilderness values of Admiralty National Monument.
    Fred S. Salinas, Assistant Forest Supervisor, Tongass National
Forest, 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 in Juneau at Juneau
Assembly Chamber Thursday, April 19 at 7 p.m.
    The draft environmental impact statement should be available for
public review by July 30, 2001. The comment period on the draft
environmental impact statement will be 45 days from the date the
Environmental Protection Agency publishes the notice is 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 environmental impact statement is scheduled to be
completed by December 10, 2001. The Assistant Forest Supervisor for 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 EIS,
and applicable laws, regulations, and policies. The decision and
supporting reasons will be documented in a Record of Decision.

    Dated: March 22, 2001.
Fred S. Salinas,
Assistant Forest Supervisor.
[FR Doc. 01-7729 Filed 3-28-01; 8:45 am]
BILLING CODE 3410-11-M



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