Any applicant for a federal license or permit to conduct an activity that might result in a discharge into navigable waters, in accordance with Section 401 of the Clean Water Act of 1977 (PL95-217), also must apply for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. By agreement between the U.S. Army Corps of Engineers (Corps) and the Department of Environmental Conservation, application for a Department of the Army permit to discharge dredged or fill material into navigable waters under Section 404 of the Clean Water Act also may serve as application for State Water Quality Certification.
Notice is hereby given that the application for a Department of the Army Permit described in the Corps of Engineers’ Public Notice (PN) Reference Number POA-1995-120-M20, Crooked Creek, serves as application for State Water Quality Certification from the Department of Environmental Conservation.
Public Notice Period:
Start Date: June 13, 2018
Expiration Date: July 13, 2018 at 5:00 p.m. Alaska Daylight Time
Proposed Permit Coverage: The U.S. Army Corps of Engineers has completed and made available to the public a Final Environmental Impact Statement (FEIS) for the proposed Donlin Gold Project (Project). The features of the proposed Project requiring Department of the Army (DA) authorization under Section 10 of the Rivers and Harbors Act of 1899 (RHA) and Section 404 of the Clean Water Act (CWA) are the construction of an open-pit, hard rock gold mine located 10 miles north of the village of Crooked Creek, Alaska, a 316-mile-long natural gas pipeline, a barge landing port downstream from Crooked Creek at Jungjuk, and a 30-mile-long access road from Jungjuk to the mine site.
The application was originally filed in 2012, which initiated the Corps’ National Environmental Policy Act (NEPA) process. An updated version was issued for public notice and comment with the draft EIS in November of 2015. An updated application was filed in December of 2017 that included a complete compensatory mitigation plan (CMP). The Corps issued a special public notice with the release of the final EIS on April 27, 2018 inviting comment on the CMP portion of the application.
After reviewing the application, the Department of Environmental Conservation may certify there is reasonable assurance that any discharge that might result from the proposed dredge and fill activity, will comply with the Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws. The Department also may deny or waive certification. An electronic version of the FEIS may be accessed on the internet at www.DonlinGoldEIS.com, and the current version of the application can be accessed at http://donlingoldeis.com/BackgroundDocuments.aspx.
Any person desiring to comment on the project with respect to Water Quality Certification, may submit written comments by the expiration date above to DEC WDAP/401 Certification; 555 Cordova St.; Anchorage, AK 99501-2617 or via email to dec-401cert@alaska.gov; or to receive more information or a copy of the application upon request contact 907-269-6285
. All comments should include the PN reference number listed above. Mailed comments must be postmarked on or before the expiration date of the public notice.
Disability Reasonable Accommodation Notice
The State of Alaska, Department of Environmental Conservation complies with Title II of the Americans with Disabilities Act of 1990. If you are a person with a disability who may need special accommodation in order to participate in this public process, please contact Theresa Zimmerman at 907-465-6171 or TDD Relay Service 1-800-770-8973/TTY or dial 711 within 30 days of publication of this notice to ensure that any necessary accommodations can be provided.