Alaska Department of Natural Resources

Water Resources Section

3700 Airport Way

Fairbanks, Alaska 99709-4699

(907) 451-2793 or (907) 451-2790 Phone Numbers

(907) 451-2703 Fax Number

Online Public Notice Link:

https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=206074

PUBLIC NOTICE OF APPLICATIONS FOR WATER RIGHTS

Pursuant to Alaska Statue (AS) 46.15 and rules and regulations (11 Alaska Administrative Code [AAC] 93) promulgated thereunder, public notice is hereby given that five (5) Applications for Water Rights for water withdrawals from Material Sites (MS) have been received from Teck Alaska Incorporated (Teck), 2525 C Street, Suite 310, Anchorage, Alaska 99503.  The applications were reviewed for accuracy and completeness and case files for these requested water uses have been created.

Assigned Case Files:

LAS 33143 for MS-10

LAS 33144 for MS-3

LAS 33145 for MS-2

LAS 33146 for MS-9

LAS 33639 for MS-7                                               

Priority Dates for Applications for Water Rights:

Applications LAS 33143 through LAS 33146 have a priority date of January 30, 2020.  Application LAS 33639 has a priority date of April 22, 2021.  

Land Ownership and Areas of Appurtenance:

The area where water use is required is for the Delong Mountain Regional Transportation System (DMRTS).   All mined materials from the Red Dog Mine gets shipped from the DMRTS Port Facility (located at the shores of the Chukchi Sea) to markets around the world, which include North America, Europe, and Asia. The sole access to the DMRTS Port Facility from the Red Dog Mine is via the 52-mile DMRTS Haul Road, owned by the Alaska Industrial Development and Export Authority (AIDEA) and developed and maintained by the Red Dog Mine.  Red Dog Mine operates most of its mining facilities on private tribal lands that are owned by the NANA Regional Corporation, Inc. (NANA).  The Red Dog Mine also has facilities located on State of Alaska lands that are mainly support facilities, rather than active mine workings.  Red Dog Mine is a joint venture between NANA and Teck, whereby Teck is the mine operator and NANA is the landowner. State land uses that are required for operations are negotiated via the joint venture of NANA, Teck, and the State of Alaska. 

The areas of appurtenance are for the approved DMRTS corridor as it lies within the following:

• Sections 1, 2, 11, 14, 22, 23, 27, 28, 33, and 34, T30N, R19W; Kateel River Meridian (KRM).
• Sections 20, 29, 30, and 31, T31N, R18W; KRM
• Sec 6, T30N R18W; KRM.
• Section 36, T31N, R19W; KRM
• Sections 4-7, T29N, R19W; KRM.
• Sections 12-15, 21, 22, 27-29, and 32, T29N, R20W; KRM.
• Sections 1, 11, 12, 14, 15, 21, 22, 27, 28, 29, 31, and 32, T28N, R21W; KRM.
• Section 36, T28N, R22W; KRM.
• Sections 1-3, 10, 14, 15, 16, 21, 28, 32, and 33, T27N, R22W; KRM.
• Sections 5-8, T26N, R22W; KRM.
• Sections 12, 13, 21-24, 28, 29, 31, and 32, T26N, R23W; KRM.
• Section 6, T25N, R23W; KRM.
• Sections 1-3, 10, and 11, T25N, R24W; KRM.

Legal Description of Requested Water Sources:

These water rights are being requested for the maintenance of the DMRTS, maintenance of side road gravel pad structures, and for environmental quality controls of fugitive dust. Water uses requested are for water withdrawals and water impoundment. There is a total of five (5) sources of water being requested for authorization under Water Right Case Files LAS 33143 through 33146 and LAS 33639; Material Sites (MS) MS-2, MS-3, MS-7, MS-9, and MS-10.  Dust control of the DMRTS is a requirement for air quality controls of fugitive dust sources.  Fugitive dust emissions are regulated, and controls are mandated by the Environmental Protection Agency (EPA), and the Alaska Department of Environmental Conservation (ADEC).  The impoundment structures (gravel pits) are constructed/established from material that has been excavated.  When a large amount of material has been removed from an excavated area, water flows to these low-lying depressions and is accumulated via stormwater from rain or snowfall events and groundwater gained from the excavation activities. Teck is requesting use of water that has been accumulated within the material borrow sources. 

Case file LAS 33143: MS-10 Gravel Pit Pond is for year-round water withdrawals of 180 acre-feet per year (afy).  The source of water is a gravel pit located within the N1/2SW1/4 Section 7, Township 29 North, Range 19 West, Kateel River Meridian.

Case file LAS 33144: MS-3 Gravel Pit Pond is for year-round water withdrawals of 180 afy.  The source of water is a gravel pit located within E1/2NE1/4 Section 22 and W1/2NW1/4 Section 23, Township 26 North, Range 23 West, Kateel River Meridian.

Case file LAS 33145: MS-2 Gravel Pit Pond is for year-round water withdrawals of 180 afy.  The source of water is a gravel pit located within S1/2 Section 1, Township 25 North, Range 24 West, Kateel River Meridian.

Case file LAS 33146: MS-9 Gravel Pit Pond is for year-round water withdrawals of 180 afy.  The source of water is a gravel pit located within W1/2 Section 27 and E1/2E1/2 Section 28, Township 29 North, Range 20 West, Kateel River Meridian.

Case file LAS 33639:  MS-7 Gravel Pit Pond is for year-round water withdrawals of 180 afy.  The source of water is a gravel pit located within S1/2NE1/4 Section 28, Township 28 North, Range 21 West, Kateel River Meridian.

Per AS 46.15.133 (a), within 15 days of publication or service of notice, persons may file with the director written objections, stating the name and address of the objector, and any facts tending to show that rights of the objector or the public interest would be adversely affected by the proposed sale, appropriation, or removal.

The public is invited to comment on these actions. For further information on the subject, please contact Kindra Geis at kindra.geis@alaska.gov or Jenny March at jenny.march@alaska.gov or at the above address or telephone number. The Water Resources Section must receive comments in writing by 5:00 p.m., Monday May 2, 2022, at the above addresses to be considered. If issued, a permit may be extended for good cause shown, pursuant to AS 46.15.110 and 11 AAC 93.120(f), without additional public notice.

The 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 notice by telephone may call the Department’s Public Information Center between the hours of 11:00 a.m. and 5:00 p.m., M-F at TDD # 1-800-770-8973.

The Department of Natural Resources reserves the right to waive technical defects in this publication.

Arctic Sounder publication date April 14, 2022.