The Alaska Department of Natural Resources on Monday issued a permit to the proposed mine site, the Palmer Project. The permit allows the company to go ahead with seismic exploration work near the Klehini River.
The Palmer Project is a Copper, Zinc, Gold and Silver exploration project, upstream from Haines and Klukwan. Constantine Metals, who owns the Palmer Project, has received permission from the Alaska Department of Natural Resources to proceed with seismic exploration at two sites above the Klehini River. The new activities will include building miles of trails 25 feet wide, some shallow drilling, operation of heavy equipment and helicopters, and detonation of close to a thousand dynamite sticks.
The permitting process came under public scrutiny earlier this summer. Environmental groups claimed the process was rushed, and many residents submitted public comments to DNR.
DNR issued a public notice announcing the new permit. The document states DNR received almost 200 letters from individuals, and that around 13,000 people submitted a comment opposing the permit through the Audubon Alaska website.
The state department offered its response to the comments. The response systematically addresses 30 concerns that were brought up by residents. The issues addressed range from the technical to the bureaucratic, the political to the recreational.
To comments generally opposing the project because of the risk to fish, the agency responded it is working closely with the Department of Fish and Game, and consider the activities impacts will be negligible. It further states the Palmer Project is participating in a statewide bond pool. This is a fund mining companies contribute to – the funds would be made available should the company fail to pay for damages incurred during the work.
To comments opposing the use of explosives, the agency said that the noise of the explosions would be comparable to that of a hunting rifle. It further says that “these intermittent shots are unlikely to cause a civil nuisance or have adverse impacts on wildlife or other nearby land uses.”
The agency states the gelatin based dynamite sticks authorized under the permit will not present any environmental concerns.
Several commenters remarked that the new activities require going through an Environmental Impact Statement (EIS). To this, the agency responded this is a federal requirement that does not apply in this case.
Some comments pointed to restricted access on the public land affected by the activities. The agency said that access will only be restricted when blasting activities are occurring. In an email , Constantine said the borough will be notified, and signage will be used when active work is taking place.
Several commenters, including the Chilkat Indian Village (CIV) indicated that a formal tribal consultation should occur. They stated that to date, DNR has declined to engage in tribal consultation, and it has failed to arrange any public meetings. The Tribe asked for, quote: “*at least one Tribal consultation on a government-to-government basis that is respectful of the Tribe’s sovereignty and expertise.”
The agency said there is quote “no existing legal obligation warranting government-to-government consultation for the issued authorization.” It went on to say that the state has no legal obligation to provide a sovereign government with greater consideration than the rest of the public, and that the 30 day comment period provided sufficient opportunity for the Tribe to voice its concerns.
The exploration work could set the stage for a tailings storage area, a place to hold toxic mine waste. Some commenters asked that DNR consider the big picture and deny the permit on that basis. The agency‘s response followed a different logic. It stated that the permit is part of an incremental process that will allow for better decision making as more data is collected during the exploration.
Some public comments mentioned a climate of impunity that allows developers to initiate work before obtaining the proper permits. In early June, Constantine did just that, and cleared some seismic trails at one of the sites.
Lorraine Henry, a spokesperson for DNR, said in an email that corrective action has been taken, she wrote: “To ensure compliance with the terms of the permit, the Division is requiring Constantine to provide an additional $5,000 bond.” According to a press release from American Pacific, which owns Constantine, this season’s budget for the operations at the Palmer Project is over 25 million dollars.
In its response the agency invoked the “De minimis non curat lex” principle This is Latin for “the law is not concerned with insignificant matters”.
Methodically, the agency responded to the 30 points raised during public comments, and justified why it issued the permit.
Environmental advocates who read through the document were not convinced.
Donahue: “Technically I suppose they addressed the comments, in that they wrote out written responses.”
Shannon Donnahue works for Rivers Without Borders
Donahue: “And once you get into the nitty gritty of these permitting processes, the process is so lenient that Constantine/American Pacific went ahead and started work before the public comment period was over. That doesn’t give me much confidence in the regulations and that they will comply with the permit now that it is awarded.”
The US Fish and Wildlife Service also submitted a comment, praising the rich life of the valley. It said the Chilkat watershed provides some of the best salmon habitat in Southeast Alaska. Is said that given the “area’s rich biodiversity and relative lack of legislative and administrative protection”, the Service encourages DNR to implement strict conservation measures.
In its response, DNR defended it’s protocols and said the accusation “is unfounded and promotes an unwarranted narrative.”
In an e-mail, a Constantine said it is working with their contractor to finalize the work’s timeline. In a press release, American Pacific announced good progress with its drilling program, and stated that a priority of its environmental team is to “ensure Palmer’s environmental studies and monitoring provide community confidence in the project above and beyond regulatory compliance.”
DNR’s decision can be appealed for up to 20 days after its issuance. No entity contacted for this story has committed to doing so.
Update: This story has been updated to include Constantine’s responses to enquiries
