STATE OF ALASKA
Department of Natural Resources
Division of Mining, Land and Water
Northern Regional Office
AS 38.05.945 Public Notice
Preliminary Finding and Decision
ADL 420081 Designated Master Material Site
ADL 420080 Alaska Railroad Corporation
Public and Charitable Material Sale
Proposed Action
The Department of Natural Resource (DNR), Division of Mining, Land & Water (DMLW), Northern Regional Office (NRO) received an application, ADL 420080, from Alaska Railroad Corporation (ARRC) for the development of a new material site and the purchase of up to 25,000 cubic yards of gravel. The proposed new material site, located in the Tanana River floodplain adjacent to the Northern Rail Extension Project, is a part of the Northern Rail Extension Project. The materials would be used principally for completion of Phase I of the project. The site would be approximately 20 acres in size and have a contract term of five (5) years.
The DMLW, NRO has written a Preliminary Finding and Decision under AS 38.05.035(e), Written Finding for the Disposal of State Resources, to establish the proposed new material site as a designated material site under AS 38.05.550(b), Disposal of Materials, and to enter into a material sale contract with ARRC under AS 38.05.550-565, Material Sales, for the development of the site and purchase of the material.
Establishing a new Designated Material Site
This Preliminary Finding and Decision proposes establishing the material site as a designated material site, ADL 420081. The designation under AS 38.05.550(b) will allow, if deemed appropriate, for the use and operation of the material site for the long-term sale and extraction of materials until closed by the DMLW. Contracts for the sale of material may be issued by DMLW either by negotiated, competitive, limited, or public and charitable material sale methods. Contracts issued under AS 38.05.550-565, Material Sales, will be issued at a representative sale price per cubic yard determined by the DNR Commissioner or at fair market value determined by appraisal. Some sales under AS 38.05.565, Sale or Disposal of Materials for Special Purposes, may be without cost. Contracts issued under the authority of AS 38.05.810(a) Public and Charitable will be issued at less than fair market value.
Although the DMLW may continuously sell materials without further finding or notice once the site is designated, the DMLW must also ensure that state land and natural resources be available for the maximum use consistent with the public interest. To that end, the DMLW will continue to carefully review individual sale requests and operation plans once sites have been designated, to ensure resource consideration and multiple use issues are appropriately evaluated.
Public and Charitable Material Sale
The Preliminary Finding and Decision also proposes to allow ARRC to develop a mine site and purchase up to 25,000 cy of materials. Per 11 AAC 05.010(e)(16) government agencies are required to pay for materials used in construction, reconstruction or maintaining a public project as follows: a) for the first 5,000 cy of material to be used on a project per year, there is no charge; b) for materials in excess of 5,000 cy, the unit price is listed in the administrative base price schedule established under 11 AAC 71.090. This price is currently $0.50/cy.
Legal Description
Within Section 23, Township 4 South, Range 3 East, Fairbanks Meridian, containing approximately 20 acres, more or less. See attached map.
Public Comment
The public is invited to comment on the preliminary decision regarding the material site designation and the public and charitable material sale. The case file and Preliminary Finding and Decision are available for review at the address listed above. The Northern Regional Office must receive, in writing, any comments, objections, or expressions of interest concerning the proposed action, no later than 5:00 PM, May 23, 2014. To be eligible to appeal, a person must provide written comment during the comment period. Notification of the Final Finding and Decision will be sent to any person who comments on the Preliminary Finding and Decision. If you have any questions, please contact Julie Smith, at julie.smith@alaska.gov or at 907-451-3010.
If public comment in response to this notice indicates the need for significant change in the decision, additional public notice will be given on or about May 30, 3014. If no significant change is required, the decision, including any minor changes, will be issued as the final decision.
All programs and services provided by the State of Alaska are available to all qualified individuals regardless of age, race, social and economic status or gender, or disability. The State of Alaska, Department of Natural Resources, complies with Title II of the Americans with Disabilities Act of 1990. The State is prepared to accommodate individuals with disabilities by providing auxiliary aids when requested. Individuals with audio impairments who wish to respond to this decision by telephone may call the DNR Public Information Center in Fairbanks between the hours of 10:00 a.m. and 5:00 p.m., M-F at TDD 907-451-2770.
The Division of Mining, Land and Water reserves the right to waive technical defects in this notice.
Jeanne Proulx, Northern Regional Manager, Division of Mining, Land and Water
Publish Date: April 24, 2014