Fact Sheet
NPDES Permit Number: AKG-37-1000
Date: April 21, 2005
Contact: Cindi Godsey
Alaska Operations Office/Anchorage
(907) 271-6561 or (800) 781-0983 (in Alaska only)
godsey.cindi@epa.gov
The U.S. Environmental Protection Agency (EPA)
Plans To Issue A General Wastewater Discharge Permit To:
Alaskan Suction Dredge Miners
and
NOTICE OF STATE CERTIFICATION,
and
provide information on the
ALASKA COASTAL MANAGEMENT PROGRAM
EPA Proposes NPDES Permit Issuance.
EPA proposes to re-issue a National Pollutant Discharge Elimination System (NPDES)
General Permit to Alaskan Suction Dredge Miners for gold placer mining operations in
Alaska. The draft permit sets conditions on the discharge - or release - of pollutants
from operations into waters of the United States. EPA's goal is to have this permit
become effective as the 2000 GP expires. If this occurs then EPA is proposing to
automatically cover anyone who submitted a timely NOI for reapplication under the
2000 GP. If the GP does not go into effect in October, EPA would make a
determination at the time of re-issuance whether a new NOI would be necessary for
coverage.
This Fact Sheet includes:
$$ information on public comment, public hearing, and appeal procedures
* a description of the industry
* a description of proposed effluent limitations , monitoring requirements, and
other conditions
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The State of Alaska certification.
EPA has requested that the Alaska Department of Environmental Conservation
(ADEC) certify the NPDES permit for this operation under section 401 of the
Clean Water Act (CWA). A draft §401 Certification is included in this Fact Sheet
as Appendix A.
Consistency Determination
This GP was previously found consistent on June 23, 2000. On January 13,
2005, EPA requested information on the Alaska Coastal Management Program
(ACMP) review. On March 2, 2005, the Department of Natural Resources/Office
of Project Management and Permitting (OPMP) sent a response letter. In its
response, OPMP stated that with the minor proposed changes to the GP, a new
ACMP review is not required.
EPA invites comments on the draft permit.
EPA will consider all substantive comments before issuing a final permit. Those
wishing to comment on the draft permit or request a public hearing may do so in
writing by the public notice expiration date. Please submit comments to USEPA-
Region 10, 1200 Sixth Avenue, OWW-130, Seattle, Washington 98101.
Comments may be submitted by e-mail to godsey.cindi@epa.gov or faxed to
(206) 553-0165. All comments should include name, address, phone number, a
concise statement of basis for the comment and relevant facts upon which it is
based. A request for public hearing must state the nature of the issues to be
raised as well as the requester's name, address and telephone number.
Persons wishing to comment on State Certification should submit written
comments by the public notice expiration date to Luke Boles, Alaska Department
of Environmental Conservation, 610 University Avenue, Fairbanks, Alaska
99709. Mr. Boles may be reached by phone at (907) 451-2142 or by e-mail at
boles.luke@dec.state.ak.us
For information on the ACMP review process, please contact Ms Amanda Henry
at DNR/OPMP, 550 W. 7th Avenue, Suite 1660, Anchorage, AK, 99501 or at
(907) 269-7468.
A General Permit follows rulemaking procedures so EPA's issuance and
promulgation activities must be conducted in accordance with the Administrative
Procedure Act (APA). The modifications in this general permit will become
effective 30 days after publication of the final general permit in the Federal
Register according to Section 553(d) of the APA. Anyone wishing to appeal this
general permit must do so in court according to 40 CFR §124.19. Interested
persons may challenge the modifications, within 120 days of issuance, in the
AKG-37-1000 Fact Sheet Page 2 of 27
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Circuit Court of Appeals of the United States under Section 509(b)(1) of the Act.
Documents are available for review.
The draft NPDES permit and fact sheet can be reviewed at EPA's Regional
Office in Seattle between 8:30 a.m. and 4:00 p.m., Monday through Friday. This
material is also available for inspection and copying at the following places in
Alaska:
USEPA Alaska Operations Office
Federal Building, Room 537
222 West 7th Avenue
Anchorage, Alaska 99513-7588
Telephone: (800) 781-0983 (Within Alaska)
USEPA Alaska Operations Office
410 Willoughby Avenue, Suite 100
Juneau, Alaska 99801
Telephone: (907)586-7619
ADEC
Water Division
610 University Avenue
Fairbanks, AK 99709
Telephone: (907)451-2142
Copies of the draft permit and fact sheet can be found on the EPA, Region 10 website
at http://www.epa.gov/r10earth/waterpermits.htm (click on draft permits, then Alaska).
AKG-37-1000 Fact Sheet Page 3 of 27
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TABLE OF CONTENTS
LIST OF ACRONYMS 5
I. GENERAL PERMITS 6
II. BACKGROUND ON SUCTION DREDGE PERMITTING 8
III. INDUSTRY DESCRIPTION 9
III. RECEIVING WATER 10
IV. EFFLUENT LIMITATIONS, MONITORING & REPORTING REQUIREMENTS
11
V. BEST MANAGEMENT PRACTICES (BMPs) 13
VI. OTHER PERMIT CONDITIONS 14
Oil Spill Requirements 14
Endangered Species Act 14
Essential Fish Habitat (EFH) 15
State Certification 16
Consistency Determination 16
Permit Expiration 16
APPENDIX A-- DRAFT §401 CERTIFICATION 17
APPENDIX B -- SUMMARY OF SUCTION DREDGE STUDY 20
APPENDIX C -- REFERENCES 21
APPENDIX D-APPROXIMATE CRITICAL HABITAT AREAS 22
AKG-37-1000 Fact Sheet Page 4 of 27
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LIST OF ACRONYMS
AAC Alaska Administrative Code
ACMP Alaska Coastal Management Program
ADEC Alaska Department of Environmental Conservation
AR Annual Report
AWQS Alaska Water Quality Standard
BMP Best Management Practices
CFR Code of Federal Regulations
CSU Conservation System Unit
CWA Clean Water Act
DGC Division of Governmental Coordination
EFH Essential Fish Habitat
EPA Environmental Protection Agency
ESA Endangered Species Act
FR Federal Register
NMFS National Marine Fisheries Service
NOI Notice of Intent
NPDES National Pollutant Discharge Elimination System
NTU Nephelometric Turbidity Unit
SPCC Spill Prevention Control and Countermeasure
USFWS United States Fish & Wildlife Service
USGS United States Geological Survey
AKG-37-1000 Fact Sheet
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I. GENERAL PERMITS
A. Permit Coverage
1. Section 301 (a) of the CWA provides that the discharge of pollutants is
unlawful except in accordance with a National Pollutant Discharge
Elimination System (NPDES) permit. Although such permits are
usually issued to individual dischargers, EPA's regulations also
authorize the issuance of "general permits" to categories of discharges
[40 CFR 122.28] when a number of point sources are:
a. Located within the same geographic area and warrant similar
pollution control measures;
b. Involve the same or substantially similar types of operations;
c. Discharge the same types of wastes;
d. Require the same effluent limitations or operating conditions;
e. Require the same or similar monitoring requirements; and
f. In the opinion of the Director, are more appropriately controlled
under a general permit than under individual permits.
2. Like individual permits, a violation of a condition contained in a general
permit constitutes a violation of the Act and subjects the owner or
operator of the permitted facility to the penalties specified in Section
309 of the Act.
3. A Notice of Intent (NOI) to be covered under this General Permit (GP)
is required [40 CFR 122.28(b)(2)(i)]. The requirements are outlined in
Part I.F. of the permit and an NOI is included as Appendix A of the GP.
4. This permit will expire five (5) years from the date of effective date. 40
CFR 122.28(b)(1) allows a general permit to be administered according
to the individual permit regulations found in 40 CFR 124 so the general
permit will continue in force and effect until a new general permit is
issued. Only those facilities authorized to discharge under the expiring
GP that submit an NOI 90 days prior to the expiration of this GP are
covered by the continued permit.
5. EPA is proposing that all facilities covered by the 2000 general permit
are authorized under this GP if all NOI procedures are followed.
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B. Limitations on Coverage
1. Many streams and stream reaches in Alaska have been designated as
part of the federal wild and scenic rivers system or as a Conservation
System Unit (CSU). Because this permit does not relieve a permittee
of the requirements of other applicable federal, state or local laws,
permittees should contact the district offices of the agencies that
administer these systems for additional restrictions that may apply to
operations on claims within these designated areas.
2. Many streams in Alaska where suction dredging occurs have been
designated by Alaska Department of Natural Resources, Office of
Habitat Management and Permitting (OHMP) as needing a permit with
additional restrictions. Because this permit does not relieve a permittee
of the requirements of other applicable federal, state or local laws, the
draft permit requires permittees to contact OHMP.
C. Prohibitions
1. This general permit does not apply to facilities that are proposed to be
located in National Parks System Units (i.e., Parks and Preserves),
National Monuments, National Sanctuaries, National Wildlife Refuges,
National Conservation Areas, National Wilderness Areas, National
Critical Habitat Areas, or within one nautical mile of a Steller sea lion
rookery or haulout area.
This constitutes a change to the 2000 GP which also included "waters
adjacent to the boundaries of areas designated as wild under the Wild
& Scenic Rivers Act" in this section. EPA, Region 10, has issued
several individual permits with the same requirements as the GP to
facilities in this designated area. EPA has never received a comment
on a draft permit that indicated special requirements were necessary
for operating in these areas. So EPA is proposing to remove this
prohibition from the GP. If compelling comments are received contrary
to this action, EPA will consider them in finalizing this GP.
2. This permit does not apply to wetlands designated in the 1995
Anchorage Wetlands Management Plan.
D. Individual Permits
1. Owners or operators covered by a general permit may be excepted
from coverage by applying to the Director of the NPDES program for an
individual permit. This request must be made by submitting an NPDES
permit application, together with supporting documentation within 90
days of publication by EPA of a final general permit in the Federal
Register, or 180 days prior to the commencement of operation of a new
source or new discharger.
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2. The Director may require any person authorized by a general permit to
apply for and obtain an individual permit, or any interested person may
petition the Director to take this action. The Director may consider the
issuance of an individual permit when:
a. The single discharge or the cumulative number of discharges
is/are a significant contributor of pollution;
b. The discharger is not in compliance with the terms and conditions
of the general permit;
c. A change has occurred in the availability of demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point source;
d. Effluent limitation guidelines are subsequently promulgated for the
point sources covered by the general permit;
e. A Water Quality Management Plan containing requirements
applicable to such point sources is approved.
f. Circumstances have changed since the time of the request to be
covered so that the discharger is no longer appropriately
controlled under the general permit, or either a temporary or
permanent reduction or elimination of the authorized discharge is
necessary
II. BACKGROUND ON SUCTION DREDGE PERMITTING
On June 30, 1992, EPA received a notice of citizen suit, alleging that EPA failed to
perform a non-discretionary duty to regulate suction dredge gold placer mining
operations in Alaska. At that time, EPA decided it would issue individual permits
for mechanical placer mining operations (for the 1993 mining season) and
propose a general permit for suction dredge operations. On January 14, 1994,
EPA proposed a general permit that extended coverage to mechanical as well as
suction dredge operations. 59 FR 2504 (Jan. 14, 1994). After responding to
public comment, EPA issued the final general permit on May 13, 1994. 59 FR
28079 (May 31, 1994). On September 28, 1994, two environmental groups filed a
petition for review of the general permit in the Ninth Circuit Court of Appeals.
On November 18, 1996, EPA and the two environmental groups entered into a
settlement agreement to resolve the challenge to the general permit. Pursuant to
the agreement, EPA agreed to issue three separate general permits to modify and
supersede the original general permit challenged by the environmental groups in
1994. The settlement agreement also required EPA to complete two studies
related to the impact of placer mining on the natural environment in Alaska. One
study was to address the discharge of metals by placer mining operations and the
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other was to address the impact of suction dredge mining.
EPA issued three modified general permits on December 6, 1996, one for
mechanical operations, one for medium-size suction dredge operations, and one
for small suction dredges [61 FR 64796, December 6, 1996]. On April 4, 1997,
three environmental groups challenged these permits. No. 97-70365 (9th Cir). In
a separate action, the Alaska Miners Association (AMA) also challenged the
general permits. No. 97-70379 (9th Cir.). These cases were consolidated on May
5, 1997. The challenge by the AMA was dismissed on January 21,1999.
During the summers of 1997 and 1998 EPA staff and EPA contractors collected
data at 31 placer mine sites and several suction dredge sites. These data were
analyzed and presented in two final reports, one entitled "Alaska Placer Mining
Metals Study" and the other entitled "Impact of suction dredging on water quality,
benthic habitat, and biota in the Fortymile River, Resurrection Creek, and
Chatanika River, Alaska." The environmental groups believed that the suction
dredge report did not address all of the required elements as set out in the 1996
settlement agreement.
To avoid further litigation over the general permits, EPA and the environmental
groups entered into another settlement agreement. Pursuant to the agreement,
EPA agreed that further study was necessary to quantify the full impact of suction
dredge mining on the natural environment and that further research should be
conducted before conclusions are reached about the impact of suction dredge
mining on Alaska streams. EPA further agreed that by January 7, 2000, it would
transmit to the Federal Register any necessary revisions to the modified general
permits to address the results of the metals study. As a result, the environmental
groups' petition to review the three general permits was dismissed on August 31,
1999.
EPA transmitted the 2000 proposed general permit to the Federal Register on
January 7, 2000. The proposed GP was published in the FR on January 14,
2000. The final GP was published on August 31, 2000. The permit was effective
on October 3, 2000.
As of February 2005, 141 operations have active coverage under the GP. Re-
notice, according to the 2000 GP, should occur by July 5, 2005 (90 days prior to
the expiration date).
III. INDUSTRY DESCRIPTION
Placer mining involves the mining and extraction of gold or other heavy metals
and minerals primarily from alluvial deposits. These deposits maybe in existing
stream beds or ancient, often buried, stream deposits, i.e. paleo or fossil placers.
Many Alaskan placer deposits consist of unconsolidated clay, sand, gravel, cobble
and boulders that contain very small amounts of native gold or other precious
metals. Most are stream deposits that occur along present stream valleys or on
benches or terraces above existing streams. Beach placer deposits have been
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and continue to be important producers in Alaska. These deposits, most notable
near Nome, include both submerged and elevated beach placer deposits.
Dredging systems are classified as hydraulic or mechanical (including bucket
dredging), depending on the methods of digging. Suction dredges, the most
common hydraulic dredging system, are quite popular in Alaska with the small and
recreational gold placer miner. Like all floating dredges, suction dredges consist
of a supporting hull with a mining control system, excavating and lifting
mechanism, gold recovery circuits, and waste disposal system. All floating
dredges are designed to work as a unit to dig, classify, beneficiate ores and
dispose of waste. Because suction dredges work the stream bed rather than
stream banks, the discharge from suction dredges consists totally of stream water
and bed material.
In the modified 1994 permit, EPA defined a medium size suction dredges as those
with nozzles greater than four and less than or equal to eight inches. In the 2000
re-issuance of this GP, EPA redefined the medium-size suction dredge range as
greater than four inches and less than or equal to ten inch dredges. When EPA
re-issued the small suction dredge general permit in 2002, it changed the size
requirements from four inches and under to six inches and under. Because the
change was made to the small suction dredge general permit, this medium-size
suction dredge general permit is now being proposed to cover facilities over six
inches up to and including ten inch dredges.
RECEIVING WATER
The receiving waters are the waters of United States and the State of Alaska,
most of which are classified in the Alaska Water Quality Standards (AWQS) [18
AAC 70] as Classes (1)(A), (B), (C), and (D) for use in drinking, culinary and food
processing, agriculture, aquaculture, and industrial water supply; contact and
secondary recreation; and growth and propagation of fish, shellfish, other aquatic
life, and wildlife. Some of the receiving waters have been reclassified as industrial
use only. These are Isabell Creek (upper), Lillian Creek, Lucille Creek, Olive
Creek (upper), and Ruth Creek near Livengood and Nolan Creek and all its
tributaries excluding Acme Creek near Wiseman.
This permit will be available for dischargers in reclassified waters. The AWQS
contained in this permit are more stringent than would be applied in an individual
permit in these locations. A facility located on any of the above receiving waters
may apply for an individual permit under Section I.D.1.
Some of the receiving waters are marine waters that are classified in 18 AAC 70
as Classes (2)(A), (B), (C), and (D) for use in aquaculture, seafood processing,
and industrial water supply; contact and secondary recreation; growth and
propagation offish, shellfish, other aquatic life, and wildlife; and harvesting for
consumption of raw mollusks or other raw aquatic life.
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IV. EFFLUENT LIMITATIONS, MONITORING & REPORTING REQUIREMENTS
In establishing permit limits, EPA first determines which technology-based limits
must be incorporated into the permit. EPA then evaluates the effluent quality
expected to result from these controls, to see if it could result in any exceedences
of the water quality standards in the receiving water. If exceedences could occur,
EPA must include water quality-based limits in the permit. The draft permit limits
will reflect whichever requirements (technology-based or water quality-based) are
more stringent.
A. Technology-based Effluent Limitations
Pursuant to Section 402(a)(2) of the Act and 40 CFR 122.44(k)(2), Best
Management Practices (BMPs) are being proposed in the permit.
Suction dredging's unique method of intake and displacement present
unusual permitting issues. As discussed above, a suction dredge is a
mechanical device that floats on the stream surface and pumps stream
water and stream bed material through a suction intake conduit to a sluice
box from which gold or other minerals may be recovered. The discharge
from suction dredges consists totally of stream water and bed material
immediately released back into the receiving water.
The BMPs in Permit Part II.C. are being proposed because technology-
based numeric effluent limitations are infeasible.
B. Water quality-based Effluent Limitations
Section 301(b)(1) of the Act requires the establishment of limitations in
permits necessary to meet water quality standards by July 1, 1977. All
discharges to state waters must comply with state and local coastal
management plans as well as with state water quality standards, including
the state's antidegradation policy. Discharges to state waters must also
comply with limitations imposed by the state as part of its coastal
management program consistency determination and of its certification of
NPDES permits under section 401 of the Act.
The NPDES regulations at 40 CFR 122.44(d)(1) require that permits include
water quality-based limits that "Achieve water quality standards established
under section 303 of the CWA, including State narrative criteria for water
quality."
EPA has determined that turbidity is a pollutant of concern. Required
turbidity monitoring is designed to ensure that the BMPs are being
implemented properly.
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1. Freshwaters:
The draft permit requires a daily visual inspection for turbidity of the area
within 500 feet downstream of the suction dredge during operation. This
also includes any turbidity that may result from any other part of the
operation. If turbidity is observed beyond 500 feet, the draft permit requires
the permittee to modify the operation to meet the permit limitation. If the
operation cannot be modified to meet the limit, the discharge is not
authorized. In most cases, water quality recovers rapidly. The daily
inspection during operation, combined with the BMPs in Permit Part II.C. will
assure that the water quality standards are met.
2. Marine Waters
The draft permit requires a daily visual inspection for turbidity of the area
within a 500 foot radius of the suction dredge during operation. This also
includes any turbidity that may result from any other part of the operation. If
turbidity is observed beyond 500 feet, the draft permit requires the permittee
to modify the operation to meet the permit limitation. If the operation cannot
be modified to meet the limit, the discharge is not authorized. In most cases,
water quality recovers rapidly. The daily inspection during operation,
combined with the BMPs in Permit Part II.C. will assure that the water quality
standards are met.
3. Mixing Zones
ADEC provided a draft §401 Certification that mixing zones are protective of
Alaska Water Quality Standards (AWQS) under Section 401 of the CWA
(see Appendix A). If the final 401 certification authorizes a different size
mixing zone, the limits in the draft permit will be changed as necessary to
ensure that water quality standards are met at the edge of the mixing zone.
If the certification does not authorize mixing zones for turbidity, the permit will
be changed to require meeting the water quality standard for turbidity at the
point of discharge.
C. Monitoring
Section 308 of the Clean Water Act and the federal regulations at 40 CFR
§ 122.44(i) require that permits include monitoring to determine compliance
with effluent limitations. Monitoring may also be required to gather data for
future effluent limitations or to monitor effluent impacts on receiving water
quality. The permittee is responsible for conducting the monitoring and for
reporting results to EPA.
D. Reporting
The draft permit requires permittees to submit an annual report by January
31st of each year for activities during the previous calendar year, based on
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the reporting provisions in 40 CFR §122.48. 40 CFR 122.44(i)(2) allows
flexibility in determining the frequency of reporting.
V. BEST MANAGEMENT PRACTICES (BMPs)
BMPs are measures that are intended to prevent or minimize the generation and
the potential for the release of pollutants from industrial facilities to the waters of
the United States through normal operations and ancillary activities.
Pursuant to Section 402(a)(1) of the Clean Water Act, development and
implementation of BMP Plans may be included as a condition in NPDES permits.
Section 402(a)(1) authorizes EPA to include miscellaneous requirements that are
deemed necessary to carry out the provision of the Act in permits on a case-by-
case basis . BMPs are required to control or abate the discharge of pollutants in
accordance with 40 CFR § 122.44(k).
The draft permit requires compliance with the following BMPs:
A. Dredging that results in undercutting, littoral channeling, or otherwise results
in stream bank or beach erosion, is prohibited.
This practice will ensure that erosion does not occur and that the
finer sediments that may be found in these areas do not cause
turbidity problems in the receiving waters.
B. Motorized winches or other motorized equipment shall not be used to move
boulders, logs, or other natural obstructions.
This practice should ensure that important habitat which includes
large organic debris and large boulders in these areas will not be
destroyed.
C. If an ADNR/OHMP Fish Habitat Permit (Title 41 Permit) is necessary, no
wheeled or tracked equipment may be used instream while dredging is in
progress unless it is allowed by a Title 41 permit.
This practice should ensure that important habitat in these areas will
not be destroyed. Also, pollutant loading from any instream operation
should be considered as part of the operation.
D. Suction dredges shall not operate within 800 feet of:
1. another dredging operation occurring simultaneously or,
2. a location where it is apparent that another operation has taken place.
This practice should ensure that the mixing zone of a facility does
not overlap with that of another since 800 feet is the distance of a
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500 foot mixing zone for each operation plus a designated 300
foot buffer before the next suction dredge would impact water
quality.
D. Dredging of concentrated silt and clay should be avoided. The permittee
shall use reasonable care to avoid dredging silt and clay materials that would
result in a significant increase in turbidity. Reasonable care includes moving
the dredge to a new location or reducing the volume of effluent discharge by
limiting operation speed of the suction dredge.
This practice will decrease the amount of fine material that will be
released into the water that could cause turbidity plumes in
excess of the permitted distance.
E. Care shall be taken by the operator during refueling of equipment to prevent
spillage into surface waters or to groundwater. Any spills shall be cleaned
up using materials such as sorbent pads and booms. All spills shall be
reported to DEC by calling 1-800-478-9300.
This practice will decrease the potential for contamination of surface
water by petroleum products. This bolded portion of this requirement
is included based on ADEC's draft §401 Certification which states:
Under 18AAC 75.300: a person must notify the [ADEC] by telephone
immediately in the result of a release or discharge of a hazardous
substance.
VI. OTHER PERMIT CONDITIONS
Oil Spill Requirements
Section 311 of the Act prohibits the discharge of oil and hazardous materials in
harmful quantities. The operator shall maintain fuel handling and storage facilities
in a manner that will prevent the discharge of fuel oil into the receiving waters. A
Spill Prevention Control and Countermeasure Plan (SPCC Plan) shall be prepared
and updated as necessary in accordance with provisions of 40 CFR Part 112 for
facilities with the capacity to store 660 gallons in a single container above ground,
1320 gallons in the aggregate above ground, or 42,000 gallons below ground.
The Permittee shall indicate in the AR if an SPCC Plan is necessary and in place
at the site and if changes were made to the Plan over the previous year.
Endangered Species Act
The Endangered Species Act (ESA) requires federal agencies to consult with the
National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service
(USFWS) if their actions could beneficially or adversely affect any threatened or
endangered species. EPA sent a letter to the U.S. Fish and Wildlife Service and
to the National Marine Fisheries Service on January 3, 2005, requesting a species
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list for the coverage area of the general permit. If necessary, EPA will enter into
informal or formal consultation with USFWS and NMFS to ensure that the general
permit will not result in unacceptable impacts to any of the species identified on
these lists.
In a letter dated February 23, 2005, NMFS stated that there are no ESA species
under their jurisdiction in freshwaters in Alaska. In marine waters, endangered
species include blue whale, bowhead whale, fin whale, humpback whale, Northern
right whale, Sei whale, sperm whale, Stellersea lion (western stock). Threatened
species include the Steller sea lion (eastern stock).
Some of these species have ranges in the areas where marine suction dredging
has been most popular but these dredges have a small area of potential water
quality impact and are relatively near shore. For these reasons, EPA believes
that the issuance of this GP will not have an adverse impact on the listed marine
mammals.
The previous GP contained a 1 nautical mile buffer around Steller sea lion
rookeries and haulouts. That provision has also been include in this draft GP.
In a letter dated February 23, 2005, USFWS listed several T&E species for Alaska
along with one proposed (P) and one candidate (C) species. Their table included
the short-tailed albatross (E, Gulf of Alaska, Aleutians, Bering Sea coast), Aleutian
Shield Fern (E, Adak Island), Spectacled eider (T, W&N coastal Alaska), Steller's
eider (T, southwestern, western and northern), Norther Sea Otter - SW Alaska
population (P, Aleutian Islands, AK peninsula, Kodiak Island), and Kittlitz's
Murrelet (C, coastal waters southern & northwestern Alaska). USFWS concluded
that this project is not likely to adversely impact list species in freshwater so no
further consultation is necessary.
USFWS indicated that critical habitat for the spectacled and Steller's eider was
designated in 2001. USFWS stated that if activity was prevented in Critical
Habitat areas then the GP was not likely to adversely impact listed species. The
GP already contains a prohibition of activities in Critical Habitat Areas. The
general areas (quadrangle maps) of concern are listed in the GP with contacts
and references to more details information. Appendix D contains maps showing
the approximate locations of the Critical Habitat areas.
Essential Fish Habitat (EFH)
The 1996 amendments to the Magnuson-Stevens Fishery Management and
Conservation Act set forth a number of new mandates for NMFS, regional fishery
management councils and other federal agencies to identify and protect important
marine and anadromous fish habitat. The action agency needs to make a
determination on Federal actions that may adversely impact EFH.
In streams where suction dredging occurs, the most critical life stage for salmon is
the egg stage. The GP prohibits suction dredging within 500 feet of locations
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where fish are spawning or where fish eggs or alevins are known to exist. The
Alaska Department of Natural Resource/Office of Habitat Management and
Permitting issues permits for mining in anadromous streams that limit or prohibit
mining while the eggs are in the gravel. In freshwaters, the GP is unlikely to be
used during the critical phase and if it were, the studies showed that the impacts
of an operation are minimal after 500 feet so the 500 foot buffer should be
sufficient protection. EPA has determined that no adverse impact to EFH in
freshwaters would result from the issuance of this permit.
Most marine waters surrounding the state of Alaska have been designated as
essential fish habitat. In a general permit, it is not possible to determine where
facilities might be located during the life of the permit so it is also not possible to
determine the potential impact on EFH. This can be only be done on a project by
project basis. Since each Suction Dredge in marine waters requires a Section 10
permit from the Army Corps of Engineers and these federal permits require an
individual EFH determination, EPA will defer to the Corps determination on these
facilities.
State Certification
Section 401 of the Clean Water Act requires EPA to seek certification from the
State that the permit is adequate to meet State water quality standards before
issuing a final permit. The regulations allow for the State to stipulate more
stringent conditions in the permit, if the certification cites the Clean Water Act or
State law references upon which that condition is based. In addition, the
regulations require a certification to include statements of the extent to which each
condition of the permit can be made less stringent without violating the
requirements of State law.
A draft certification is included in this Fact Sheet as Appendix A. The draft permit
has been sent to the State to begin the final certification process. If the state
authorizes different or additional conditions as part of the certification, the permit
may be changed to reflect these conditions.
Consistency Determination
This GP was previously found consistent on June 23, 2000. On January 13, 2005,
EPA requested information on the Alaska Coastal Management Program (ACMP)
review. On March 2, 2005, the Department of Natural Resources/Office of Project
Management and Permitting (OPMP) sent a response letter. In its response,
OPMP stated that with the minor proposed changes to the GP, a new ACMP
review is not required.
Permit Expiration
This permit will expire five years from the effective date of the permit.
AKG-37-1000 Fact Sheet Page 16 of 27
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APPENDIX A-- DRAFT §401 CERTIFICATION
FRANKH. MVRKOWSKI, GOVERNOR
410 Willoughby Avenue, Suite 303
Juneau, AK 99801-1795
PHONE: (907)465-5175
FAX: (907)465-5177
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DIVISION OF WATER
WASTEWATER DISCHARGE PROGRAM
February 23, 2005
MikeLidgard ADEC Files: 900.60.001
NPDES Unit Manager 900.68.002
USEPA
1200 Sixth Avenue
Seattle WA, 98101
RE: Draft 401 Certification of NPDES General Permits AKG-37-0000 and AKG-37-1000
Dear Mr. Lidgard;
On January 12, 2005 EPA Region 10 requested draft 401 certifications for the renewal of
NPDES General Permits AKG-37-0000 and AKG-37-1000, regulating discharges from placer
mining activities in Alaska.
The ADEC has enclosed the Draft Certificates of Reasonable Assurance to include as drafts in
the public notice process. These draft 401 certifications were created using the current NPDES
General Permits as preliminary draft permits. I look forward to working with your staff on the
renewal of these General Permits.
If you have any questions regarding these draft certifications please contact me at 907-451-2142
or at luke_boles@dec.state.ak.us.
Sincerely,
SIGNATURE ON FILE
Luke Boles
Environmental Engineering Associate
Wastewater Discharge Program
Enclosures: Draft Certificates of Reasonable Assurance for NPDES General Permits
AKG-37-0000 and AKG-37-1000.
CC:
Cindi Godsey, EPA, Anchorage Jack Kerin, ADNR/DMLW, Fairbanks
Shannon Stambaugh, ADEC, Anchorage Mac McLean, ADNR/OHMP, Fairbanks
Steve McGroarty, ADNR/DMLW, Fairbanks Bill Jefferss, ADNR/OPMP, Anchorage
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STATE OF ALASKA
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DRAFT CERTIFICATE OF REASONABLE ASSURANCE
A Certificate of Reasonable Assurance, as required by Section 401 of the Clean Water Act, has
been requested by EPA, Region 10, forNPDES Permit No. AKG-37-0000, MECHANICAL
PLACER MINING IN ALASKA
Public Notice of the application for this certification will be made in accordance with 18 AAC
15.140.
Water Quality Certification is required for the proposed activity because the activity will be
authorized by an EPA permit identified as No. AKG-37-0000 and a discharge may result from
the proposed activity.
Having reviewed the preliminary draft permit, the Alaska Department of Environmental
Conservation certifies that there is reasonable assurance that the proposed activity, as well as any
discharge that may result, is in compliance with the requirements of Section 401 of the Clean
Water Act, which includes the Alaska Water Quality Standards (18 AAC 70), provided that the
following stipulations are adhered to:
Having reviewed the preliminary draft permit, the Alaska Department of Environmental
Conservation certifies that there is reasonable assurance that the proposed activity, as well as any
discharge that may result, is in compliance with the requirements of Section 401 of the Clean
Water Act, which includes the Alaska Water Quality Standards (18 AAC 70), provided that the
following stipulations are adhered to:
1. The ADEC authorizes the language contained in section II.B.4 allowing permittees to apply
for a turbidity mixing zone.
Rationale: In accordance with State Regulations 18 AAC 70.240, the Department has authority
to designate mixing zones in permits or certifications. Any authorized mixing zones will ensure
that the water quality standards are met at all points outside of the mixing zone.
2. Add the following language to section II.D as BMP #8:
Care shall be taken by the operator during equipment refueling to prevent spillage into
surface waters or to groundwater. Any spills shall be cleaned up using materials such as
sorbent pads and booms. All spills shall be reported to DEC by calling 1-800-478-9300.
Rationale: Under 18 AAC 75.300: a person must notify the [ADEC] by telephone immediately
in the result of a release or discharge of a hazardous substance.
February 23,2005
Date
DRAFT
Gretchen Keiser
Program Manager
Wastewater Discharge Program
AKG-37-1000 Fact Sheet
Page 18 of 27
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STATE OF ALASKA
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DRAFT CERTIFICATE OF REASONABLE ASSURANCE
A Certificate of Reasonable Assurance, as required by Section 401 of the Clean Water Act, has
been requested by EPA for NPDES Permit No. AKG-37-1000, ALASKA MEDIUM-SIZE
SUCTION DREDGE PLACER MINERS
Public Notice of the application for this certification will be made in accordance with 18 AAC
15.140.
Water Quality Certification is required for the proposed activity because the activity will be
authorized by an EPA permit identified as No. AKG-37-1000 and a discharge may result from
the proposed activity.
Having reviewed the preliminary draft permit, the Alaska Department of Environmental
Conservation certifies that there is reasonable assurance that the proposed activity, as well as any
discharge that may result, is in compliance with the requirements of Section 401 of the Clean
Water Act, which includes the Alaska Water Quality Standards (18 AAC 70), provided that the
following stipulations are adhered to:
1. The ADEC authorizes the 500 feet mixing zone for turbidity contained in section II. A and
the monitoring requirements contained in section n.B.l of the draft permit.
Rationale: In accordance with State Regulations 18 AAC 70.240, the Department has authority
to designate mixing zones in permits or certifications. This mixing zone will ensure that the
water quality standards are met at all points outside of the mixing zone.
The Department considered all aspects required in 18 AAC 70.015 (Antidegradation) and 18
AAC 70.240-270 (Mixing Zones) including, but not limited to, the potential risk to human health
and ecological resources of receiving waters and mixing zone modeling of the predicted effluent
quality from the discharge.
The Department finds that the size of the mixing zone authorized for discharge in this
certification is appropriate and provides reasonable assurance that existing uses of the receiving
waters outside of the mixing zone are maintained and fully protected.
2. Amend section II.C.8 as noted in bold:
Care shall be taken by the operator during refueling of the dredge to prevent spillage into surface
waters or to groundwater. Any spills shall be cleaned up using materials such as sorbent
pads and booms. All spills shall be reported to DEC by calling 1-800-478-9300.
Rationale: Under 18 AAC 75.300: a per son must notify the [ADEC] by telephone immediately
in the result of a release or discharge of a hazardous substance.
February 23, 2005 DRAFT
Date Gretchen Keiser
Program Manager
Wastewater Discharge Program
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APPENDIX B -- SUMMARY OF SUCTION DREDGE STUDY
EPA commissioned a suction dredge study that was conducted on the Fortymile
River in 1997 and 1998 by Idaho State University. Two sites were chosen, Site 1
was in the vicinity of a 10 inch suction dredge while Site 2 was in the vicinity of an
8 inch suction dredge. USGS also conducted studies in the same area.
The primary effect of dredging on water chemistry was increased turbidity, total
filterable solids, and copper and zinc concentrations downstream of the dredge.
The turbidity plume was visually dramatic at Site 1 but spatially confined to less
than 525 feet. At 100 feet downstream, the turbidity values were reported at 19
NTU which, with background levels reported at 2.2 - 2.3 NTU, would exceed the
AWQS of 5 NTU above background. But at 200 feet below the dredge, the
turbidity values were 3.7 NTU which is only 1.4 -1.5 NTUs above background
which is well within the AWQS and the permit limits. The USGS report states that
the turbidity values for Site 2 were less than Site 1. In their study, USGS
attributes higher turbidity for Site 1 to increased volume of the larger dredge and
the finer material being mined. It should be noted that even with these adverse
conditions, the ten inch dredge was well within compliance with the discharge
requirements of their NPDES permit.
As the sediments were transported downstream, the total copper and zinc
concentrations declined. By 262 feet downstream of the dredge, copper and zinc
concentrations were similar to those measured upstream of the dredge.
In general, the observed decrease in water clarity was unlikely to have altered
ecosystem function in the area of the Fortymile where the dredge was located.
There also did not appear to be any downstream influence on bed morphology by
dredged sediments, indicating that dredging strongly influenced immediately
adjacent substrates but had little effect beyond the dredged area. Based on
observations made in both studies it appears that the dredge piles at the
examined locations will remain in place no longer that 1 to 3 years and in many
cases the stream channel will return to its pre-dredge condition in a year.
As with water clarity, the effect of suction dredging on macroinvertebrate
abundance and diversity was confined spatially to a relatively small area
downstream of the dredge. Both abundance and diversity were notably reduced
for 33 feet downstream of Site 1 with similar occurrence at Site 2. By 262 feet,
both appeared to be unaffected by the dredge plume. The results from 1998
indicate that substantial recovery of the macroinvertebrate community occurs
within one year after suction dredging. The effects of suction dredge mining on
macroinvertebrates are local and short lived.
AKG-37-1000 Fact Sheet Page 20 of 27
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APPENDIX C -- REFERENCES
NPDES Permit Writer's Manual. EPA, Office of Water, Office of Wastewater
Management, Permits Division. Washington, DC. 20460; EPA-833-B-96-003,
December 1996, 220pp.
Technical Support Document for Water Quality-based Toxics Control. EPA, Office of
Water Enforcement and Permits, Office of Water Regulations and Standards.
Washington, DC, 20460; EPA/505/2-90-001, March 1991, 145pp.
Impact of suction dredging on water quality, benthic habitat, and biota in the Fortymile
River. Resurrection Creek, and Chatanika River. Alaska. Prepared for EPA by Aaron
M. Prussian, Todd V. Royer, and G. Wayne Minshall, Idaho State University. June
1999.
Regional Baseline Geochemistv and Environmental Effects of Gold Placer Mining
Operations on the Fortymile River, Eastern Alaska. Department of Interior, U.S.
Geological Survey. Open-File Report 99-328. 1999.
Regional Geochemical Results from the Analyses of Rock. Water. Soil. Stream
Sediment, and Vegetation Samples-Fortymile River Watershed, East-Central Alaska.
Department of Interior, U.S. Geological Survey. Open-File Report 99-33. 1999.
Administrative Record for the 2000 Re-issuance of the NPDES GP for Alaskan
Medium-size Suction Dredge Placer Miners (AKG-37-1000).
66 FR 8849 February 2, 2001. Endangered and Threatened Wildlife and Plants; Final
Determination of Critical Habitat for the Alaska-Breeding Population of Steller's Eider;
Final Rule.
66 FR 9145 February 6, 2001. Endangered and Threatened Wildlife and Plants; Final
Determination of Critical Habitat for the Alaska-Breeding Population of the Spectacled
Eider; Final Rule.
Alaska Marine Mammal Stock Assessments. 2003. U.S. Department of Commerce,
National Oceanic and Atmospheric Administration, National Marine Fisheries Service,
Alaska Fisheries Science Center. Technical Memorandum NMFS-AFSC-144.
AKG-37-1000 Fact Sheet Page 21 of 27
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APPENDIX D--APPROXIMATE CRITICAL
HABI TAT AREAS
Opectacled and Oteller s Ciders
(MAPS AVAILABLE UPON REQUEST)
AKG-37-1000 Fact Sheet Page 22 of 27
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