In 2010, then-Mayor Bruce Botelho appointed a committee to consider the conditions under which the City and Borough of Juneau would promote development of the Alaska-Juneau Mine. The committee concluded that an alternative water source to Gold Creek was an essential first requirement. Stated another way, the committee said that, without a new alternative water source, the CBJ should not promote development of the AJ Mine. Conversely, providing an alternative water source does not mean that the AJ Mine will be reopened. That alternative water source, which has the capability to supply all of Juneau, has now been completed at Salmon Creek. This pre-condition had to be met for the committee report to support the promotion of the AJ.
In the same way, removing the duplicate permitting processes from the mining ordinance is a prerequisite to opening the AJ Mine. No operator would accept the delay, expense and extra avenues for litigation caused by the extra permitting processes in the mining ordinance. As with constructing an alternative water source, removing the duplicate permitting processes from the mining ordinance does not mean that the AJ Mine will be reopened — only that a barrier to doing so has been removed.
[A miner matter: Proposal would make reopening AJ Mine easier]
To explore and develop a mine in Juneau, an operator needs a multitude of federal and state permits, each of which has a process. For example, to explore or operate on Forest Service land within the CBJ, an operator must approve a Plan of Operations supported by a National Environmental Policy Act review. On state land within the CBJ, an operator must have a Plan of Operations or permit to explore and develop a mine. In each case, operators are required to submit a reclamation plan backed up by financial warranties. Operators on federal, state or private land must obtain a Corps of Engineers permit to operate wetlands (which again must be supported by a NEPA document), an Alaska Pollution Discharge Elimination System for discharge of water to federal or state waters. Those are just examples — there are many, many additional federal and state permits required to operate.
The current ordinance requires CBJ and then the Planning Commission to duplicate the federal and state permit processes and requirements. In addition, CBJ must review the permits issued by federal and state regulators for adequacy and determine whether yet-to-be written CBJ environmental standards have been met. The mining ordinance thus requires four permitting processes with four sources of requirements (federal, state, CBJ staff and Planning Commission).
No other mining operation in Alaska is subject to four separate process reviews. The Greens Creek and Kensington mines, which have outstanding environmental records, are only required to have federal and state permits and an allowable use permit to operate within the CBJ.
[Assembly wants time to consider changing mining ordinance]
The changes to the mining ordinance that we are proposing are based on the Greens Creek and Kensington models. Any mine attempting to operate within Juneau would have to show that it has all relevant federal and state permits. In addition, a mine attempting to operate within Juneau would have to obtain a conditional use permit from the Planning Commission covering surface subsidence, traffic, noise, dust, light and avalanches.
We are pleased that the CBJ Assembly, sitting as a committee of the whole, voted unanimously to appoint a committee to review this proposal.
• William A. “Bill” Corbus is the former president of Alaska Electric Light & Power and has lived in Juneau since 1970. He is the leader of a group who are proposing the Assembly change its mining ordinance. Other members of the group are: Sam Smith, Frank Bergstrom, Neil MacKinnon and Dennis L. DeWitt.
