State grants amended permit to Palmer Project despite concerns

 

August 10, 2023

The state Department of Natural Resources granted an expanded permit to Constantine Metals for seismic and other work in a site below the Palmer Project that it says could be used for tailings storage despite opposition from Klukwan and environmentalists.

The Palmer Project is a proposed copper, zinc and gold mine in the mountains above Glacier Creek, a tributary of the Klehini River, located about 37 miles from Haines.

In May, Constantine applied for an amended permit to allow for seismic exploration using small charge dynamite at two sites in the state forest below the mine, as well as permission to move trucks through some salmon-bearing creeks.

DNR said it went through 189 individual public comments, plus another nearly 13,000 pre-written form letters in coming to the decision, but it dismissed nearly all the concerns as "unpersuasive." Many of the comments focused on what commenters felt were inadequate environmental reviews, unusually low bonding requirements, and lack of consultation with local communities. Critics said notice of the amended permit wasn't advertised anywhere other than on the state's public notice website.


Among the concerns it dismissed, was the Klukwan's tribe's assertion that the new activity should have required government-to-government consultation. Klukwan, which sits a few miles downstream from the proposed mine, has been a staunch opponent of the project.

"To date, DNR has declined to engage in Tribal consultation, and it has failed to arrange any public meetings, make presentations to the public, or provide any opportunities for the public to meet with and ask questions of Constantine, its consultants, and agency officials," the Chilkat Indian Village wrote in its letter.

DNR responded by citing a 2017 Alaska Attorney General Opinion, which "does not indicate that the State has a legal obligation to provide a sovereign government with additional or greater rights or consultation opportunities than the rest of the public."

"In summary, although the Division did not engage in any specific government-to-government consultation as none is legally required, DMLW (Division of Mining, Land and Water) provided CIV with a substantial opportunity to participate in the adjudicatory process governing the issuance of the permit and CIV substantially participated."

Representatives of the Chilkat Indian Village could not be reached for comment before the deadline for this story.

Another issue commenters raised was the apparent illegal trail-clearing work done to the sites proposed for seismic drilling before the expanded permit was issued. The work falls on state forest land, which allows for unpermitted trail clearing up to five feet wide. Several commenters noticed that trails were cleared wider than than 10 feet.

According to DNR, Constantine told the agency that the contractor hired for the trail clearing had "deviated" from the allowable uses. Constantine then gave DNR the results of its own "full ground survey" on June 18, which reported about a half mile of lines cleared in excess of five feet.

This story has been updated to clarify DNR's notice about the amended permit was published on a state website that includes notices from other agencies.

 
 

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