ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Notice of Request for Adjudicatory Hearing on ADEC Water Division Decision on Waste Management Permit 2019DB0001 to Issue Conditional Approval to Construct a Land Application Disposal System

Requester –       Earthjustice on behalf of Chilkat Indian Village, Rivers Without Borders, Audubon Alaska, Southeast Alaska Conservation Council, Lynn Canal Conservation, and Takshanuk Watershed Council                                                                            

Contested Decision –ADEC Water Division issued a conditional approval to construct a land application disposal (LAD) system.

Permittee:             Constantine Mining, LLC.

Location –             Palmer Mine Project located in the Porcupine Mining District near Haines, Alaska

Background –        The Alaska Department of Environmental Conservation (ADEC) Water  Division, issued a conditional approval to construct a land application disposal (LAD) system to address disposal of wastes. The requesters disagree with this decision and have requested a stay that would prevent the permittee from constructing the LAD.

Copies of the adjudicatory hearing request can be viewed on ADEC’s web site https://dec.alaska.gov/commish/review-guidance/adjudicatory-hearing-guidance/  Copies may also be obtained by writing to Gary Mendivil, Hearing Liaison, Office of the Commissioner, Department of Environmental Conservation, P.O. Box 111800, Juneau, AK 99811-1800; by phoning Mr. Mendivil at (907) 465-5061; by faxing a request to (907) 465-5070; or by email to Gary.Mendivil@alaska.gov.

As provided in 18 AAC 15.210, any person who wishes to oppose or support the request for a stay must do so by serving a response on the Office of the Commissioner, Department of Environmental Conservation by November 25 , 2022. Written responses may be served by email to Gary.Mendivil@alaska.gov or served by mail addressed to Gary Mendivil, Hearing Liaison, Office of the Commissioner, Department of Environmental Conservation, Post Office Box 111800, Juneau, AK 99811-1800, or by facsimile to (907) 465-5070. The Commissioner will issue a decision on the request for stay pursuant to 18 AAC 15.210.

As provided in 18 AAC 15.220(b), the Water Division Director and permittee may file a response to the request for adjudicatory hearing by serving a response on the Office of Administrative Hearings by November 25, 2022. Written responses on the request for adjudicatory hearing may be served by email to mailto:doa.oah@alaska.gov or by mail addressed to the Office of Administrative Hearings, P.O. Box 1101231, Juneau, AK 99811-0231, or the Office of Administrative Hearings, 550 W. Seventh Avenue, Suite 1940, Anchorage, AK 99501. Please also serve a courtesy copy of the adjudicatory hearing request response to Gary Mendivil, Hearing Liaison, Office of the Commissioner, Alaska Department of Environmental Conservation, P.O. Box 111800, Juneau, AK 99811-1800, by facsimile to (907) 465-5070, or by email to Gary.Mendivil@alaska.gov.

The Office of Administrative Hearings will issue a recommended decision to the Commissioner whether to grant or deny the request for hearing or to remand the decision to the Division Director under 18 AAC 15.220(a). The Commissioner will issue a decision on the request for adjudicatory hearing under 18 AAC 15.220. ADEC will comply with Title II of the Americans with Disabilities Act of 1990. If you are a person with a disability who may need a special accommodation in order to participate in this process, please contact Claire Fishwick at (907) 465-5066 to ensure that any necessary accommodations can be provided.