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Preliminary Decision: Nanushuk Coal Prospecting Permits

State of Alaska
Department of Natural Resources
Division of Mining, Land and Water
Public Notice Under AS 38.05.945
Preliminary Decision to Issue Coal Prospecting Permits, proposed Land Use Plan
and Classification, and Alaska Coastal Management Consistency Review
In the Nanushuk River Area, North Slope, Alaska


Subject to AS 38.05.150 and regulations in 11 AAC 85, the Division of Mining,
Land and Water (DMLW) has written a preliminary decision under AS 38.05.035 (e)
to issue coal prospecting permits for approximately 115,840 acres of land in an
east-west belt along the north flank of the Brooks Range. The permitting area
generally lies within parts of T8-9S, R3-10E, Umiat Meridian, and extends from
five miles west of Toolik Lake westward to three miles west of the Anaktuvuk
River. Each coal prospecting permit will be issued for a period of three years
and may cover up to 5,120 acres. Upon completion of diligent prospecting the
permits can be extended for up to three periods of two years each, for a total
permit duration of up to nine years.

The proposed coal prospecting permits only grant an exclusive right to prospect
for coal. They do not permit any physical activity within the permit area.
All exploration and prospecting activity, as well as any subsequent development
and mining, must be permitted under AS 27.21, the Alaska Surface Coal Mining
Control and Reclamation Act, and the associated regulations in 11 AAC 90.
Permitting under these statutes and regulations requires written decisions with
public notice and comment periods.

In accordance with AS 38.04.065 and 11 AAC 55, the Department of Natural
Resources has written the Draft Nanushuk Site Specific Plan for land use and
classification for the proposed coal prospecting permit area and a one-mile
buffer on state lands around the permitting area. The proposed land use
classification is “resource management.” The intent of this classification is
to provide for management to protect wildlife, habitat and subsistence values,
while allowing for responsible exploration for coal resources and their
development.

The coastal zone encompasses a buffer extending one mile on either side of
anadromous streams within the proposed permitting area. The affected
anadromous streams within the permitting area are the Anaktuvuk, Nanushuk,
Kanayut, and Itkillik Rivers, and May Creek. A single agency coastal
consistency review (AK0910-06AA) is being coordinated by the DMLW to determine
whether the proposed permitting is consistent with the standards of the Alaska
Coastal Management Program (ACMP). The coastal consistency review applies only
to those portions of the permitting area within the coastal zone. The public
is invited to submit comments regarding the project’s consistency with the
ACMP. Comments about inconsistency must identify the relevant standard and
explain how the project is not consistent with that policy. All comments and
requests for further information should be submitted to the contact listed
below.

The coastal zone consistency determination will be conducted over a 50-day
review process beginning March 5, 2010. The review will follow the schedule
below:

• March 5, 2010 – Review begins
• March 30, 2010 – Final day for requests for additional information.
Requests must be received by 5:00 pm.
• April 5, 2010 – Final day for comment submittal. Comments must be received
by 5:00 pm.
• April 19, 2010 – Proposed determination issued
• April 27, 2010 – Final Determination issued

A public hearing for the Nanushuk Coal Prospecting Permits Preliminary
Decision, the Nanushuk Site Specific Plan, and the Coastal Consistency Review
will be held at the Anaktuvuk Pass Community Center at 6:00 pm on Tuesday,
March 23, 2010. Anyone requiring special arrangements in order to participate
in the public hearing should contact Bill Cole at (907) 269-8648 at least 72
hours before the hearing.

The Nanushuk Coal Prospecting Permits Preliminary Decision, the Draft Nanushuk
Site Specific Plan, and the Coastal Consistency Review information packet may
be viewed online and downloaded at http://notes5.state.ak.us/pn, or copies may
be requested from the contact below. The above web address is for the State of
Alaska Online Public Notice website. From this web page navigate to the
Department of Natural Resources notice page (Click on By Dept., then Natural
Resources). Click on Public Notices within the Natural Resources listing, and
then on Preliminary Decision: Nanushuk Coal Prospecting Permits. There is a
link to attachments on the Notice at the upper right. This link will access
all documents for the Preliminary Decision, the Nanushuk Site Specific Plan,
and the ACMP Review.

Contact: Bill Cole
Department of Natural Resources, Mining Section
550 West 7th Ave. Suite 900B
Anchorage, Alaska 99501-3577
(907) 269-8648
william.cole@alaska.gov

The public is invited to comment on all three documents listed in this public
notice. In order to be considered comments must be in writing or by email, or
by testimony at the public hearing. All comments should be directed to Bill
Cole at the above address or email. Comments regarding the Nanushuk
Preliminary Decision and Draft Nanushuk Site Specific Plan must be received no
later than 5:00 pm April 5, 2010. Scheduling for the coastal consistency
review is listed above.

Final decisions will be issued for the Nanushuk Coal Prospecting Permits,
Nanushuk Site Specific Plan, and Coastal Consistency Determination subsequent
to the public comment and review period. Only persons who provide written
comment during the public comment period or testify at the public hearing will
be eligible to file an administrative appeal of the final decision for the
Nanushuk Coal Prospecting Permits. Only state resource agencies, the project
applicant, or an affected coastal resource district may request an elevation of
the consistency determination to the department’s commissioner. The general
public can appeal the land use plan and classification. A copy of the final
decisions will be sent to all people who comment on the preliminary decision,
the site specific plan, or the coastal consistency review. The final decisions
will explain the appeal process.

The Division of Mining, Land and Water reserves the right to waive technical
defects in this publication.

Dick Mylius (Director, Division of Mining, Land and Water)

Date of first publication: March 5, 2010

Attachments, History, Details

Revision History

Created 2/8/2010 7:29:57 AM by mryckman
Modified 2/8/2010 4:29:57 PM by mryckman
Modified 2/8/2010 4:31:45 PM by mryckman
Modified 2/8/2010 4:32:17 PM by mryckman
Modified 2/24/2010 10:13:08 AM by mryckman

Details

Department: Natural Resources
Category: Public Notices
Sub-Category:
Location(s): Anchorage
Project/Regulation #:
 
Publish Date: 2/24/2010
Archive Date: 4/6/2010
 
Events/Deadlines: