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Notice of Application for State Water Quality Certification, Cannery Creek, Hecla Greens Creek Tailings North Extension Project

Alaska Department of Environmental Conservation (DEC)
Wastewater Discharge Authorization Program/§401 Certification
555 Cordova Street, Anchorage AK 99501-2617

Notice of Application for State Water Quality Certification

Public Notice (PN) Date:
May 2, 2025

PN Expiration Date:
June 2, 2025

PN Reference Number:
POA-1988-00269 v1.0

Waterway:
Cannery Creek

Any applicant for a federal license or permit to conduct an activity that might result in a discharge into waters of the United States, in accordance with Section 401 of the Clean Water Act (CWA), must also apply for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will comply with the CWA and the Alaska Water Quality Standards (18 AAC 70). The scope of certification is limited to the water quality-related impacts of the activity subject to the Federal license or permit (40 CFR 121.3, 18 AAC 15.180). 

Notice is hereby given that a request for a CWA §401 Water Quality Certification of a Department of the Army Permit application, Corps of Engineers’ PN Reference Number indicated above has been received  for the discharge of dredged and/or fill materials into waters of the United States (WOTUS), including wetlands, as described below, and shown on the project figures/drawings. The public notice and related project figures/drawings are accessible from the DEC website at https://dec.alaska.gov/water/wastewater/.

To comment on the project or request a public hearing with respect to water quality, submit comments via (preferred method) DEC website https://dec.alaska.gov/commish/public-notices/ or email to the DEC email address: DEC-401Cert@alaska.gov with the subject line referencing Public Notice Reference Number: POA-1988-00269 v1.0 or on or before the public notice expiration date listed above.

Applicant: 
Hecla Greens Creek Mining Company, Bill Kloth, PO Box 32199, Juneau, AK 99803, 907-600-7737 8140; bkloth@hecla.com 

Agent: 
Hecla Greens Creek Mining Company, Paula Lillesve, PO Box 32199 Juneau, AK 99803; 907-600-7737 8472; plillesve@hecla.com.

Project Name: 
Hecla Greens Creek Tailings North Extension Project

Dates of the proposed activity are planned to begin and end: 
08/01/2025 to 08/01/2035 

Location: 
The proposed activity is located within Section S23, T. T43S, R. R65E, Copper River Meridian, in City and Borough of Juneau, Alaska. Project Site (Latitude, Longitude): 58.120769, -134.74764.

Purpose: 
The applicant’s stated purpose and need for the Project is to extend the existing Tailings Disposal Facility (TDF) to provide increased permanent disposal capacity by maximizing use of areas within the existing U.S. Forest Service-approved HECLA Greens Creek Mining Company (HGCMC) lease boundary for disposal of tailings and waste rock produced by existing operations. This additional disposal capacity is intended to meet HGCMC’s objectives for continued uninterrupted tailings and waste rock disposal operations at the Mine site in a safe, environmentally sound, technically and economically practicable, and cost-effective manner, while remaining compliant with regulatory requirements. The proposed Project would extend the operational life of the mine by an estimated 12 to 18 years.

Description of Proposed Work: 
The applicant requests authorization for the proposed discharge of fill material into waters of the United States, including wetlands, to construct the following components: 1. Tailings Stack Expansion, 2. Water Ponds and Conveyance System, and 3. Relocation of B-Road.

The proposed schedule for the TDF extension would occur in two stages of development. Stage 1 would include decommissioning of Pond 9, modification of existing water management ponds, and extension of the TDF, resulting in approximately 1.9 million CY of additional TDF storage capacity. Major components of Stage 2 include relocation of the existing B-Road, relocation of the existing power line and electrical substation, development of a new freshwater collection system at Cannery Creek, and further extension of the TDF, which would increase storage capacity by approximately 2.7 million CY.

Proposed Permanent Impacts to Waters of the U.S.
NWI Code, Wetland/Waters Type, Impact (Acres)
PEM1, Wet Sedge Moss Bog (Palustrine Emergent), 0.3
PEM1H, Fresh Sedge Marsh (Palustrine Emergent), 1.0
PEM1 Cleared, Palustrine Emergent Cleared (Moist Graminoid Meadow), 0.7
PFO4, Open Western Hemlock (Palustrine Forested), 2.9
, Total:, 4.9

Fill Volumes and Type:
Project Component, Fill Volume (Cubic Yards), Fill Type
North Sump, 500, Sand and Gravel Mix 6 Inch Minus Leveling Course
Tailings Stack, 18500,Sand and Gravel Mix 6 Inch Minus Leveling Course
Pond 7/10 Raise, 10,500, Unconsolidated General Fill Material
B Road Relocation, 2,600, Unconsolidated General Fill Material

Total fill quantity is 32,100 CY, and the total amount of impact to wetlands is 4.9 acres.

Additional Information: 
The United States Forest Service (USFS), Alaska Region, Tongass National Forest, completed a Final Supplemental Environmental Impact Statement (FSEIS) dated February 2, 2024, for the Greens Creek Mine North Extension Project on the Juneau Ranger District and Admiralty Island National Monument, Tongass National Forest. This document analyzes a No Action Alternative and three action alternatives. The alternatives range from continuing the current mining activities and tailings disposal until 2025 when the current TDF would reach functional capacity (No Action) to three action alternatives – each offering a slightly different approach to tailings expansion under various configurations and locations.

The above-described proposed work represents a modified Alternative B in the FSEIS. The FSEIS is available for review online at: https://www.fs.usda.gov/r10/tongass/projects/57306

The applicant has listed the need for the following additional authorizations:
Approval of modifications to the General Plan of Operations: USFS, State of Alaska
Approval of the Reclamation Bond: USFS and the State of Alaska
Waste Management Permit Amendment: State of Alaska
Air Quality Permit to Operate Amendment: State of Alaska
Alaska Pollutant Discharge Elimination System Permit Amendment: State of Alaska
Reclamation and Closure Plan Amendment: State of Alaska
Water Authorizations for Diverting and Intercepting Water Amendment: State of Alaska
Certificate of Approval to Construct and Operate a Dam Amendment: State of Alaska

Applicant Proposed Mitigation: 
The applicant proposes the following mitigation measures to avoid, minimize, and compensate for impacts to waters of the United States from activities involving discharges of dredged or fill material.

a. Avoidance: Complete avoidance of impacts is not practicable due to the prevalence of wetlands surrounding the existing Mine and Tailings Disposal Facility (TDF), and the need for the TDF to be located close to the Mine and to the existing disposal facility and its attendant features. The following avoidance measures have been incorporated into the design and construction of the project:
Avoid new disturbance outside the existing USFS-approved HGCMC lease boundary and minimize disturbance to the portion of the Monument within the lease boundary.
Avoid direct disturbance to fish-bearing reaches of Tributary Creek and Cannery Creek. 
Avoid construction of a new “remote” TDF.

b. Minimization: The following minimization measures have been incorporated into the design and construction of the project:
Avoid new disturbance outside the existing NFS-approved HGCMC lease boundary and minimize disturbance to the portion of the Monument within the lease boundary.
Avoid direct disturbance to fish-bearing reaches of Tributary Creek and Cannery Creek.
Avoid the construction of a new “remote” TDF.
Construct the Project in two stages. Before authorization of Stage 2, the NFS must observe that fugitive dust is being mitigated to show consistent, long-term downward trends in environmental effects or meet the natural environmental conditions, such that there is no long-term ecological risk to aquatic and terrestrial habitats as determined by a PSLERA.
Continue the same or similar dry stack tailings disposal method, which has been previously reviewed and approved by the NFS.
Extend the existing tailings stack in a manner that minimizes new disturbance and impacts to aquatic resources. To the extent practical, locate the extended TDF and new supporting infrastructure in areas already disturbed or in areas immediately adjacent to existing disturbance. Where feasible, use existing infrastructure (such as roads, water treatment facilities, and drainage control).
Minimize new disturbance to environmental resources and sensitive habitats, such as WOTUS.
Consider closure and reclamation as part of design and operations.
Design and construct the TDF to be technically feasible and environmentally sound.
Comply with applicable federal, state, and local legal and regulatory standards.
Ground-disturbing activities will be limited to the project footprint. Project boundaries shall be identified in the field (e.g., staking, flagging, silt fencing, etc.) before site clearing and construction to ensure avoidance of impacts to WOTUS, including wetlands, beyond the authorized project footprint.
An Army Corps of Engineers 404 Certification will be obtained. 
A Dam Safety Permit or Approval will be obtained from the Alaska Department of Natural Resources (ADNR) for raising Pond 7/10.
The existing ADEC solid waste permit will be modified, or a new permit will be obtained.
Clearing limits will be clearly demarcated prior to construction to ensure impacts stay confined within the project footprint for areas that are near waterbodies. Construction limits will also be staked to ensure that ground-disturbing impacts are limited.
Prior to construction activities, the applicant or contractor will obtain coverage under and comply with the Alaska Construction General Permit. They will develop and implement a SWPPP, implement BMPs for erosion and sediment control, and maintain a spill clean-up kit on-site at all times.
Effective erosion control measures shall be installed and maintained before, during, and after construction to prevent erosion and the introduction of sediments and/or contaminants into adjacent WOTUS, including wetlands. These structures will remain in place until all fill (including side slopes) or other disturbed areas subject to potential erosion have been permanently stabilized.
To minimize erosion and sedimentation, disturbed areas resulting from site clearing and excavation shall be adequately stabilized by appropriate erosion and sedimentation control structures and devices (e.g., silt fences, straw wattles, check dams, berms, sediment ponds, slope drains, vegetated and/or rock-lined ditches, etc.). These control devices and structures shall be properly installed and of sufficient size, number, and type to filter or settle out suspended sediments from all construction-related wastewater.
All overburden and material stockpiles shall be stockpiled at such a location and in such a manner as to control erosion and subsequent sedimentation into nearby surface waters.
All fill material (below the liner) for the authorized work shall be clean and free from toxic pollutants in toxic amounts. Material used for construction or discharge shall not consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.).
Excess fill material shall not be disposed of within wetlands or other WOTUS outside of the permitted area.
All synthetic erosion control features (e.g., silt fencing, netting, mats), which are intended for temporary use during construction, shall be completely removed and properly disposed of after their initial purpose has been served. Only natural fiber materials, which will degrade after time, may be used as permanent measures, or if used temporarily, may be abandoned in place.
All disturbed areas will be stabilized and revegetated upon completion of final grading using vegetation and organic material salvaged from the impact area. NFS approved seed mixes will be used as necessary for soil stabilization.

c. Mitigation: Hecla Greens Creek Mining Company has designed the proposed Project to avoid and minimize impacts to WOTUS to the greatest extent practicable. The proposed Project would result in 4.9 acres of unavoidable impacts to WOTUS. HGCMC proposes to provide compensatory mitigation through the purchase of credits from the Southeast Alaska Land Trust, a USACE approved in-lieu-fee provider with an approved service area that includes the Project location.

After reviewing the application, the Department will evaluate whether the activity will comply with applicable water quality requirements (any limitation, standard, or other requirement under sections 301, 302, 306, and 307 of the CWA, any Federal and state laws or regulations implementing those sections, and any other water quality-related requirement of state law). The Department may certify (or certify with conditions) with reasonable assurance the activity and any discharge that might result will comply with water quality requirements. The Department also may deny or waive certification.

The permit application and associated documents are available for review. To inquire about or request copies of the documents, contact dec-401cert@alaska.gov or call 907-269-6285. 

Disability Reasonable Accommodation Notice
The State of Alaska, Department of Environmental Conservation complies with Title II of the Americans with Disabilities Act (ADA) 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 ADA Coordinator Megan MacPherson at 907-269-7553, megan.macpherson@alaska.gov or TDD Relay Service 1 800-770-8973/TTY or dial 711 at least 3 days prior to the expiration/closure date of this public notice to ensure that any necessary accommodations can be provided.

Attachments, History, Details

Revision History

Created 5/2/2025 12:10:31 PM by jrschlosser
Modified 5/2/2025 12:13:40 PM by jrschlosser
Modified 5/2/2025 12:16:40 PM by jrschlosser
Modified 5/2/2025 12:17:30 PM by jrschlosser
Modified 5/2/2025 12:18:09 PM by jrschlosser

Details

Department: Environmental Conservation
Category: Public Notices
Sub-Category:
Location(s): Statewide
Project/Regulation #: POA-1988-00269 v1.0
 
Publish Date: 5/2/2025
Archive Date: 6/3/2025
 
Events/Deadlines: