United States Department of Agriculture

2014 Kensington Fuel Depot

Environmental Assessment

Forest Service

Alaska Region

Tongass National Forest

Juneau RangerDistrict R10-MB-792 [June][2015]
Cover Photo: Kensington Marine Terminal, Berners Bay, Alaska 

For more information contact: Curtis Caton

8510 Mendenhall Loop Road

Juneau, AK 99801

907-789-6273

curtislcaton@fs.fed.us

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Federal Recycling Program

Printed on Recycled Paper
Location.........................................................................................................................................................1

Purpose and Need for Action........................................................................................................................2

Forest Service Minerals Laws and Regulations.............................................................................................3

Forest Service Manual Direction...................................................................................................................3

Compliance with the Tongass National Forest Land and Resource Management Plan ...............................3

Description of Alternatives...........................................................................................................................3

Time and duration of Activity .......................................................................................................................6

Agencies and Persons Contacted..................................................................................................................6

Federal and State Permits, Licenses, and Certifications...............................................................................6

Mitigations....................................................................................................................................................7

Environmental Impact of the No Action and Proposed Action Alternatives................................................9

Cumulative Effects......................................................................................................................................12

Compliance with Other Laws and Regulations...........................................................................................12
Environmental Assessment Kensington Fuel Depot

Forest Service Tongass National Forest 1

Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

Location

The Kensington Mine is operated by Coeur Alaska. The Kensington Marine Terminal is located 

in Slate Creek Cove of Berners Bay, approximately 40 miles north-northwest of Juneau, Alaska 

(Figures 1-2). The area is located in Township 36 South, Range 62 East, Section 01, Copper 

River Meridian. 

Figure 1. Regional Map 
Environmental Assessment Kensington Fuel Depot

Forest Service Tongass National Forest 2

Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

Figure 2. Berners Bay Map 

Purpose and Need for Action

The purpose of this Environmental Assessment is for the Forest Service to consider certain 

changes to the approved Plan of Operations (POO) of the Kensington Gold Project concerning 

the delivery, handling, and storage of fuel at the Kensington Slate Creek Cove Marine Terminal. 

The proposed action is to construct and install a fuel depot in the upper laydown yard of the Slate 

Creek Cove Marine Terminal within the boundaries of the Kensington Mine operation. Ongoing 

mineral exploration has identified a potential reserve that necessitates an expansion of subsurface 

operations. The subsurface development will occur in conjunction with the scheduled Stage

Three dam construction at the Tailings Treatment Facility. The expansion of subsurface and 

surface operations has created the need for a reliable fuel supply that will allow for continuous 

operation in an economically viable manner while remaining in compliance with regulatory 

requirements.
Environmental Assessment Kensington Fuel Depot

Forest Service Tongass National Forest 3

Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

This Environmental Assessment (EA) analyzes potential impacts that could result from 

installation of a bulk fuel facility on National Forest System (NFS) managed lands. Other 

aspects of the Kensington Gold Project fuel routines and methods are not addressed in this EA 

because of previous analysis in the 2004 Environmental Impact Statement (EIS) or the 

involvement of private property located on patented mining claims.

Forest Service Minerals Laws and Regulations

Forest Service policy in Title 36 Code of Federal Regulations Part 228 (36 CFR 228.1) states 

that use of the surface of NFS lands in connection with operations authorized by the United 

States mining laws (30 U.S.C. 21–54) shall be conducted so as to minimize adverse 

environmental impacts on NFS surface resources. While Federal law permits mining operations 

on National Forest lands, it also charges the agency with the prevention of unnecessary 

destruction of Forest lands and regulation of occupancy and use of the surface for purposes 

reasonably incident to prospecting, mining, or processing, primarily under the Organic Act of 

1897 and the Surface Resources Act of 1955.

Forest Service Manual Direction

Relevant policy in the Minerals and Geology Manual (FSM 2802) state that the Forest Service 

will encourage and facilitate the orderly exploration and development of mineral and energy 

resources on National Forest System lands to maintain a viable, healthy minerals industry, and 

ensure that exploration, development, and production of mineral and energy resources are 

conducted in an environmentally sound manner.

Compliance with the Tongass National Forest Land and Resource 

Management Plan

The Land and Resource Management Plan (2008 Forest Plan) guides all natural resource 

management activities and establishes management standards and guidelines for the Tongass 

National Forest. It describes resource management practices, levels of resource production and 

management, and the availability and suitability of lands for different kinds of resource 

management. The Forest Plan provides guidance on all areas of the Forest, which are assigned a 

Land Use Designation (LUD) according to use. 

Recommended management measures are included in the Environmental Analysis that will help

the Proposed Action meet the requirements of the 2008 Forest Plan. The Kensington Marine 

Terminal is located within an Old-Growth Habitat (OGH) LUD. There is an exception within 

the OGH LUD for small areas of non-conforming development such as mining activities, which 

may be considered on a case-by case basis that are compatible with the surroundings of the 

characteristic landscape (2008 Forest Plan, 3-60); these forest lands within this LUD are open to 

mineral entry (2008 Forest Plan, 3-59).

Description of Alternatives
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Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

Two alternatives are being considered for this analysis. 

Alternative 1 is the No Action, and Alternative 2 is the 

Proposed Action.

Existing Condition

The existing condition of fuel transport, fuel delivery, 

and fuel storage is by use of isotainer or isocontainer

(capacity 6,500 gallons) at the Kensington Mine.

Approximately 20 isotainers of fuel are stored at the 

lower laydown yard (Figure 3 and 4) of the Kensington 

Marine Terminal for a total approximate capacity of 

130,000 gallons. Biweekly, isotainers are barged to site and are handled by forklift. Isotainers 

are transported by flatbed haul truck from the lower laydown yard to the Mill bench for refilling 

of the day use tank.

No Action

The No Action alternative would not result in a modification to the General Plan of Operations. 

The No Action alternative is identical to the existing condition for fuel handling on site; 

isotainers would continue to be used for delivery, storage, and transport of fuel at the Kensington 

Mine.

Proposed Action

Seven fuel tanks are to be installed above ground at the 

upper laydown yard of the Kensington Mine Marine 

Terminal, for a maximum capacity of three hundred and 

fifty thousand gallons. Currently, fuel is stored in 

isotainers in lower laydown yard. The upper and lower 

laydown yards are identified in Figures 3 and 4. The tanks 

will be equipped with industry standard integral secondary 

containment, overfill prevention, interstitial monitoring 

and external gauges. A header pipe will be located along 

the northwest side of the Kensington Marine Terminal 

access road, above the high tide water line elevation, and 

will connect via a seamless pipeline to the tanks. 

Installation of the pipeline will require trenching, unless 

near surface bedrock prevents excavation of soil, to install

approximately 100-200 feet of the pipeline along the Kensington Marine Terminal Access Road

(Figure 5). To avoid blasting, if subsurface conditions are not favorable for shallow trenching, 

the pipeline will be installed above ground along the Kensington Marine Terminal Road. An 

additional 200-300 feet of above ground piping will be installed and then connect to the seven

tanks located up slope in the upper laydown yard (Figures 4 & 5). 

Fuel delivery to Kensington Mine will be by barge operated by Petro Marine. The barge is to 

dock at the Kensington Marine Terminal and connect to the fuel header located on the northwest 

Figure 3. Upper and Lower Laydown yard

Figure 4. Kensington Marine Terminal
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Forest Service Tongass National Forest 5

Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

side of the Kensington Marine Terminal access road via an approximately 100-150 feet flexible 

hose. Fuel deliveries are to occur approximately once every three weeks. 

The fuel tank truck loading station will be a 20-foot shipping container connected to the supply 

piping. The 20-foot shipping container will house and protect from atmospheric conditions a 

generator, pump, filter, and metering system, which will connect via flexible hose to the fuel,

tank truck. All connections of the loading station will be in secondary containment during 

fueling operations. The fuel tank truck will then deliver fuel to the 30,000-gallon day tank 

located near the Mill.

Figure 5. NOT TO SCALE. Approximation of the location of the pipeline and fuel depot at the Kensington Marine Terminal.
Environmental Assessment Kensington Fuel Depot

Forest Service Tongass National Forest 6

Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

Time and duration of Activity

Work is anticipated to last approximately 8 weeks and to be completed by October 2016.

Agencies and Persons Contacted

The Forest Service sent out scoping letters on October 29, 2014 to 27 individuals, government,

and tribal entities. One comment was received.

Issues

The scoping comment received was concerning slope stability of the upper laydown yard with 

the additional load of seven fuel tanks containing approximately two million pounds of fuel. The

concern has been addressed in the construction design features section of this EA. 

Federal and State Permits, Licenses, and Certifications 

Various authorizations are required before implementation of the project. The certifications that 

may be needed and authorizing agencies are listed below: 

U. S. Environmental Protection Agency (EPA) 

The facility has an aggregate capacity greater than 1,320 gallons in aboveground storage; it will 

be a requirement to update the existing SPCC (Spill Prevention, Control and Countermeasure) 

Plan to incorporate the fuel depot.

U.S. Coast Guard

The U.S. Coast Guard will enforce Code of Federal Regulations (CFR) Title 33, Navigation and 

Navigable Waters, Part 154; 33CFR154 applies to each facility that is capable of transferring oil 

or hazardous materials, in bulk, to or from a vessel, where the vessel has a total capacity, from a 

combination of all bulk products carried, of 39.75 cubic meters (250 barrels) or more. The Coast 

Guard will also monitor compliance with the Oil Pollution Act of 1990, conduct inspections, and 

ensure compliance with Facility Security Plans pursuant to the Maritime Transportation Security 

Act.

State of Alaska, Department of Environmental Conservation (ADEC) 

Certification of compliance with Alaska Water Quality Standards (Section 401 Certification). 

Alaska Pollutant Discharge Elimination System review (Section 402 of the Clean Water Act). 

Should it be determined that a APDES permit is required for this project, the project will comply 

with any applicable APDES permitting requirements ADEC will review any updates to the 

approved Plan of Operations for compliance with State Permits, Licenses, and Certifications. 

State of Alaska, Department of Natural Resources (ADNR) 
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Forest Service Tongass National Forest 7

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ANDR will provide authorization for use of tidelands and submerged lands at the marine facility

and will review any updates to the approved Plan of Operations for compliance with State 

Permits, Licenses, and Certifications.

Mitigations

The following BMP table, design features, and operational requirements are presented as 

preventative measures to reduce the potential for degradation of fisheries habitat, sedimentation, 

and fuel contamination into Berners Bay.

Table of Applicable BMP

Construction Design Features

1. The approved Kensington Plan of Operations (POO) must be updated to reflect site 

conditions to occur with the proposal prior to operation of the fuel depot. The Best 

Management Plan (BMP), Spill Prevention Control and Countermeasure Plan (SPCC), 

Stormwater Prevention Plan (SWPP), Facilities Response Plan (FRP), and the 

Reclamation Plan will all be updated prior to operation to meet all Federal and State 

requirements. 

2. Areas disturbed by mechanical means must be stabilized during construction and 

rehabilitated following construction to control erosion; disturbed areas will be seeded and 

National Core BMP Tech Guide (2012) Alaska Region BMPs (R-10 2509.22-2006) Compliance for Alternative 2

Plan-2 Project Planning and Analysis 12.1, 12.4, 12.5, 12.6 EA

Plan-3 Aquatic Management Zone Planning 12.4, 12.5, 12.6 (TTRA), 12.6a EA

AqEco-2 Operations in Aquatic Ecosystems 12.5, 12.6, 12.8, 13.16, 14.5, 14.6, 14.14, 14.11, 14.15, 

14.17, 17.2, 18.2, 18.3

Design Features

AqEco-4 Stream Channels & Shorelines 12.3, 12.5, 12.6, 12.17, 18.1 Design Features

Fac-1 Facilities & Non recreation Special Uses Planning 12.10, 12.13, 12.14, 14.4, 17.1 EA

Fac-2 Facility Construction and Stormwater Control 12.17, 14.5, 14.7, 14.8, 14.9, 14.18, 14.25, 14.26, 14.27 Design Features

Fac-6 Hazardous Materials 12.8, 12.9, 15.2, 17.5, 17.6 Design Features, POO, FRP, SPCC, and RP

Fac-7 Vehicle and Equipment Wash Water none Design Features

Fac-8 Nonrecreation Special Use Auth 12.1 EA

Fac-9 Pipelines, Transmission Facilities, and Rights-of-Way 12.14 EA

Fac-10 12.9, 12.17, 14.24, 14.25

Road-4 Road Operations & Maintenance 14.2 Design Features, SPCC, and POO

Road-8 Snow Removal & Storage 14.23 POO and SPCC

Road-9 Parking & Staging Areas 14.25, 14.26, 14.27 POO and SPCC

Road-10 Equipment Refueling & Servicing 12.8, 12.9 Design features, POO, SPCC, FRP, and RP

Road-11 Road Storm-Damage Surveys 14.2 POO

GENERAL PLANNING ACTIVITIES

AQUATIC ECOSYSTEMS MANAGEMENT ACTIVITIES

FACILITIES AND NON RECREATION SPECIAL USES MANAGEMENT ACTIVITIES

TRAVEL MANAGEMENT PLANNING ANALYSIS
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fertilized using a Tongass National Forest approved mixture (FSM 2080 TNF 

Supplement, Exhibit 2). 

3. Include design and construction measures to address point source sedimentation at the 

termination of the inboard ditch in the Slate Cove parking area.

4. If construction activities are interrupted, erosion control measures should be completed 

prior to suspension or shutdown. 

5. Vegetable-based hydraulic oils will be used in equipment operating in or near (<100’) 

water.

6. Areas suitable for staging construction materials and equipment will be identified on-site 

and all equipment, tools, and construction materials must be cleaned or washed prior to 

arriving at site to remove seeds and plant propagules to reduce the potential for the spread 

of invasive plants.

7. If heritage resources are discovered during construction, all construction must cease and a 

Forest Service Archeologist must be notified. 

8. Designate refueling, service, and equipment staging areas away from surface waters and 

utilize secondary containment or collection devises to minimize potential for groundwater 

or surface water contamination by hydrocarbons or other contaminants.

9. Provide covered secondary containment in all areas of fuel transfer with adequate volume 

to accommodate a spill and to eliminate the accumulation of precipitation into the

containment. 

10. Establish and maintain adequate secondary containment around the fuel tank farm and at 

the marine header to prevent the discharge of fuel.

11. Design the Kensington Fuel Depot using a Professional Engineer licensed to practice in 

the state of Alaska in accordance with local, state, and federal requirements.

12. Preform a geotechnical evaluation for a determination of load bearing capacity and slope

stability when designing the fuel tank storage area, marine manifold, and the pipeline.

13. Design the fuel tank storage area, marine manifold, and the pipeline to withstand seismic

events.

14. If construction occurs during heavy rainfall, ensure erosion controls are adequate to 

accommodate all runoff or cease construction operation until runoff can be 

accommodated.

15. Coordinate with fisheries and wildlife biologists to determine appropriate construction 

timing windows.

16. Routinely inspect construction site to verify that erosion and stormwater controls are 

implemented and functioning as designed in the updated approved Plan of Operations.
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17. The planting of conifers or alder on the visible slope below the laydown yard will lessen 

the visibility of the storage facility. 

18. The addition of a raised berm around the seven tanks will assist in screening of activity. 

Fuel Depot Operation

1. Acquire all state and federal permits necessary for fuel transfer in a marine environment.

2. Follow operational protocols specific to the equipment (barge, fuel hose, and marine 

header, pipeline and storage tanks) and environment (weather and tides). 

3. Deploy containment booms each time refueling of the depot from a barge occurs at the 

Kensington Marine Terminal.

4. Respond to hazardous materials releases and spills using the established site-specific

contingency plan and emergency response plan in the updated approved Plan of 

Operations.

5. Ensure that hazardous spill kits are stocked with necessary supplies to handle a spill 

comparable in volume to the Proposed Action, spill kits are maintained in accessible 

locations, and that personnel are trained on spill kit deployment and clean up.

6. Provide training for all personnel at the Kensington Gold Project in fuel handling fuel

storage, and fuel disposal at the Kensington Gold Project.

7. Require suitable regular inspections by certified inspectors, testing, and leak detection to 

identify and mitigate pipeline and storage tank deformities, malfunctions, and leaks.

8. Ensure that the pipeline corridor and tank farm are structurally protected and maintained 

to minimize damage to NFS lands.

9. Halt road use at the Kensington Marine Terminal during the transfer of fuel from the 

barge to the fuel depot.

10. Routinely inspect the construction site to verify that erosion and stormwater controls are 

implemented and functioning as designed.

Environmental Impact of the No Action and Proposed Action 

Alternatives

Lands, Special Uses, Recreation, Roadless Inventory, and Timber will not be affected by the 

proposed action and therefore, no further analysis will be completed. The project area is a 

previously disturbed area that is a storage yard with biweekly loading and unloading of isotainers

and shipping containers. No special use activities occur here, it is not in an Inventoried Roadless 

Area, there will be no removal of timber and no new plant populations will be disturbed by this 

proposed activity.

Botany
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Forest Service Tongass National Forest 10

Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

No Action – The No Action alternative would not result in a change to the effects on botany. 

Current inventory of invasive plants indicate no infestations of high-priority invasive plants in or 

near the project area. No endangered, threatened, sensitive, or rare plants have been documented 

in or near the project area.

Proposed Action – The proposed action presents a moderate risk of invasive plant infestation 

from habitat alteration, re-exposure of mineral soil, and the importation of construction 

equipment or construction materials. If all mitigation measures are implemented the risk of 

infestation will be greatly reduced. Mitigation measures are included in this document. 

Fisheries

No Action – The No Action alternative would not result in a change to the effects of fisheries 

resources. Existing conditions would remain. Isotainers (capacity 6,500 gallons) will continue 

to be used to transport and store fuel at the Kensington Marine Terminal. A total of 130,000 

gallons fuel may be stored in the lower laydown yard of the Kensington Marine Terminal with 

biweekly shipments by barge, offloading and loading will occur by forklift.

Proposed Action – After reviewing the 2014 Kensington Fuel Depot Plan, a Forest Service 

biologist concludes there is no direct effect to fisheries habitat from the Proposed Action. 

However, the potential does exist for degradation of fisheries habitat by sedimentation, and fuel 

contamination from the Proposed Action. Mitigating features are included in the document that 

minimizes the overall potential impact to fisheries habitat.

Hydrology

No Action – The effects to water quality were measured using the effects and risk of fuel 

contamination and sedimentation (see Hydrology Resource Report). The No Action alternative 

would result in no change in risk to water quality from the existing condition (see Hydrology 

Resource Report). The current condition includes transfer of isocontainers of fuel over and 

adjacent to surface waters; however, there is no direct transfer of fuel. The existing risk to water 

quality from fuel transfer at Slate Cove would be fuel contamination resulting from isocontainer 

puncture and sedimentation from transfer of isocontainers. A fuel spill could occur from the 

puncture of an isocontainer at the laydown yard or in transport from the barge to the laydown 

yard. Sedimentation currently occurs from the forklift transfer of isocontainers from the barge to 

the laydown yard and back.

Proposed Action – The Proposed Action will result in a higher risk of fuel contamination near 

surface waters, a reduction in sedimentation near surface waters, and and a higher degree of 

regulatory oversight.

The proposed action will result in an increased volume (350,000 gallons) of fuel transfer at a 

marine facility; hence, the result of a spill has a greater chance of reaching surface waters. The 

proposed action results in 13 fuel transfers per year occurring over marine waters compared to 

the existing condition, which had no direct fuel transfer proximal to marine waters. 

There will be a reduction in sedimentation near surface waters because the Proposed Action 

alternative eliminates the need to transport 12-15 isocontainers weekly from the barge to the 
Environmental Assessment Kensington Fuel Depot

Forest Service Tongass National Forest 11

Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

laydown area and back. This reduction in traffic would result in a reduction of sedimentation 

produced along the road. 

The proposed action results in additional permitting and oversight by the US Coast Guard near 

marine waters, which should counter the increased risk to water quality and if managed 

according to permits, result in low risk and immediate response to a fuel spill. Along with the 

increased permitting requirements, there will be mandatory procedures, additional oversight, and 

an established countermeasures plan, which will insure that if a spill does occur; the back-up 

procedures and emergency response would result in a small spill and immediate response.

Scenery Resources

No Action – The No Action alternative would continue to meet the Scenic Integrity Objective 

(SIO) of Low to Very Low, and complies with the Forest Plan under the exception for nonconforming development for mining activities, which is listed under the Scenery Objectives for 

an Old Growth LUD (2008 Forest Plan, 4-57). 

Proposed Action – Under the Proposed Action alternative the scenic integrity would change 

with implementation of recommended mitigation measures, and achieve a level of scenic 

integrity more consistent with the Old Growth Habitat LUD designation. Change because of 

development would be visible but lessen the effect to the overall scenic integrity. 

Wildlife

No Action – The No Action alternative would not result in a change to the effects on wildlife

resources as described in the 2004 Environmental Impact Statement. The No Action alternative 

is not likely to adversely affect the humpback whale and the Steller sea lion. No additional 

threatened, endangered, or proposed species will be affected by the No Action alternative. 

Existing operations are not expected to adversely affect populations of other wildlife resources, 

such as Management Indicator Species. 

The impacts of current actions at the Kensington Mine on threatened, endangered, and proposed 

species were analyzed in a biological assessment (Tetra Tech, 2004) and a biological opinion 

(BO, NMFS 2005) which determined the mining operations were not likely to adversely affect 

humpback whales and Steller sea lions. This determination was based on potential impacts 

related to construction noise, vessel noise, vessel traffic, (disturbance and collision), and 

petroleum spills. Consistent with the recommendations in the BO, Coeur Alaska obtained an 

Incidental Harassment Authorization for the mining related activities.

Proposed Action –The Proposed Action is not likely to adversely affect the humpback whale 

and the western Distinct Population Segment (DPS) of the Steller sea lion. Boat traffic, 

construction disturbances, and petroleum spills could result in discountable or insignificant 

effects to a small number of individuals. The Forest Service is requesting concurrence from the 

National Marine Fisheries Service prior to implementation of the Proposed Action. 

A qualified wildlife biologist will conduct a survey for bald eagle nest prior to project initiation. 

All bald eagle nests are considered active until monitoring indicates otherwise. USFWS should 

be contacted to determine appropriate buffer distances, timing constraints, and to obtain a permit 
Environmental Assessment Kensington Fuel Depot

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for accidental take, if necessary. Three bald eagle nests (nest number 39,110, and 111) are 

estimated to be within 330 feet of the project. None of the three nests was active when last 

surveyed in 2008 and their status is unknown. Forest Plan standards and guidelines require the 

protection of beach fringe habitat and managing bald eagle habitat in accordance with an 

Interagency Agreement between the Forest Service and the USFWS (USDA FS 2008a). No 

agreement is currently in effect, so the Tongass National Forest manages bald eagle habitat 

consistent with the guidelines in the National Bald Eagle Management Plan (USFWS 2007).

The Proposed Action is not expected to adversely affect populations of other wildlife resources, 

such as Management Indicator Species. If a goshawk nest is found during project 

implementation, the Forest Service District Biologist will be notified immediately so that Forest 

Plan standards and guidelines can be implemented. This would include identification of a nest 

territory and, seasonal timing restrictions as needed on continuous activities likely to cause nest 

abandonment within 600 feet of a nest.

If any previously unidentified endangered, threatened, proposed, or sensitive species or key 

habitats are encountered at any point in time prior to or during the implementation of this project, 

a Forest Service District Biologist will be consulted and appropriate measures will be enacted.

Cumulative Effects

The cumulative effects of this project include past, present and reasonably foreseeable actions

that will overlap in space and time. The State of Alaska has been working on the environmental 

analysis for the Juneau Access Project road, a road connection between Juneau and communities 

at the north end of Lynn Canal. Should the proposed action for the Kensington Fuel Depot be 

the selected alternative, project construction would be completed prior to the start of any 

construction on the Juneau Access project; therefore, there would be no cumulative effects for 

the Kensington Fuel Depot project. 

Compliance with Other Laws and Regulations

Endangered Species Act (1973, as amended) – A Biological Assessment was completed for 

threatened, endangered, and proposed species. Both alternatives may but are not likely to 

adversely affect the humpback whale and the western DPS of the Steller sea lion. Boat traffic, 

construction disturbance, and petroleum spills could result in discountable or insignificant effects 

to a small number of individuals. The Forest Service is requesting concurrence from the National 

Marine Fisheries Service prior to implementation of the Proposed Action.

Bald and Golden Eagle Protection Act (1940, as amended) –Three historic Bald Eagle nests 

(nest number 39,110, and 111) are estimated to be within 330 feet of the project. None of the

three nests was active when last surveyed in 2008 and their status is unknown. If the Proposed 

Action is selected, a qualified wildlife biologist should conduct a survey for active bald eagle 

nests prior to project initiation. Management activities will comply with 50 CFR 22.26.

ANILCA Section 810, Subsistence Evaluation, and Finding – The effects of this project have 

been evaluated to determine potential effects on subsistence opportunities and resources. There 

is no documented or reported subsistence use that would be restricted because of this proposal. 
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For this reason, this action would not result in a significant possibility of significant restriction of 

subsistence use of wildlife, fish, or other foods.

Clean Water Act (1977, as amended) - The Clean Water Act of 1972 (CWA) is the foundation 

for surface water quality protection in the United States. The objective of the CWA is to restore 

and maintain the chemical, physical, and biological integrity of the Nation’s Waters (USDA FS 

990A, 2012). Management standards, guidelines, practices, and permitting have been 

established to address the Clean Water Act on Forest Service lands. This project will implement 

National and State Best Management Practices (BMP’s), Tongass Land Management Plan 

(TLMP) Standards and Guidelines, and acquire all necessary permits prior to construction and 

operation of the Kensington Fuel Depot. 

Clean Air Act (1970, as amended) - Emissions from the implementation of the proposal will be 

of short duration and are not expected to exceed State of Alaska ambient air quality standards (18 

AAC 50).

Marine Mammal Protection Act (1972, as amended) –The Proposed Action may but is not 

likely to adversely affect the humpback whale and the western DPS of the Steller sea lion. Boat 

traffic, construction disturbance, and petroleum spills could result in discountable or insignificant 

effects to a small number of individuals in these populations. Construction timing and windows 

of operation will be coordinated with a Forest Service Biologist.

Magnuson-Stevens Fishery Conservation and Management Act – There would be negligible 

effects on freshwater or marine habitat because the proposal will not affect fish habitat and no 

effects would be transported to the marine environment during activities associated with this 

project unless an unforeseen event occurs. Although the potential for a spill is present, this 

project minimizes the potential effects of a spill on aquatic systems through project design, 

application of standards and guidelines, BMPs, Federal and State of Alaska oversight, and sitespecific mitigation measures. The National Marine Fisheries Service and Alaska Department of 

Fish and Game have been notified of this project.

National Historic Preservation Act of 1966 – The Forest Service program for compliance with 

the National Historic Preservation Act (NHPA) includes locating, inventorying and evaluating 

the National Register of Historic Places eligibility of historic and archeological sites that may be 

directly or indirectly affected by scheduled activities. Regulations (36 CFR 800) implementing 

Section 106 of the NHPA require Federal agencies to consider the effects of their actions on site 

that are determined eligible for inclusion in or are listed in the National Register of Historic 

Places (termed “historic properties”). 

Cultural sites are present and are currently being mitigated according to the terms of a MOA at 

the Kensington Mine. A Forest Service archeologist has reviewed this project and has made a 

determination under the provisions of Section 106 of no adverse effect for the proposed project. 

The State Historic Preservation Officer concurred with this determination. 

E.O. 11988 (Floodplains), E.O. 11990 (Wetlands) – The wetland is defined by Executive Order 

11990. The wetland is identified in the United States Fish and Wildlife Service National 

Wetlands Inventory as a wetland characterized by woody vegetation dominated by needle-leaved 
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Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

evergreens with a substrate that is saturated to the surface for extended periods during the 

growing season, but with infrequent standing surface water. No streams or wetlands have been 

identified in the area with the exception of the beach fringe, an area of pre disturbance where the 

marine facility has been constructed. The Project will not affect the functional value of any 

floodplain as defined by Executive Order 11988 and will not have negative impacts on wetlands 

as defined by Executive Order 11990. 

E.O. 12962 (Recreational Fisheries) – Federal agencies are required, to the extent permitted by 

law and where practicable, and in cooperation with States and Tribes, to improve the quantity, 

function, sustainable productivity, and distribution of U.S. aquatic resources for increased 

recreational fishing opportunities. As required by this Order, a biologist has evaluated the effects 

of this action on aquatic systems and recreational fisheries and documented those effects relative 

to the purpose of this order. The project minimizes the effects on aquatic systems through 

project design, application of standards and guidelines, BMPs, and site-specific mitigation 

measures. Since there are no direct effects to fisheries resources within the project area, there 

will be no direct, indirect, or cumulative impacts related to this order. Impacts are likely to occur 

only from unforeseen events. The National Marine Fisheries Service has been notified of this 

project.

E.O. 12898 (Environmental Justice) – This proposal, in accordance with Executive Order 

128998, does not have disproportionately high and adverse human health or environmental 

effects on minority populations and low-income populations.

E.O. 13007 (Indian Sacred Sites) – Tribal governments or their authorized representatives are 

responsible for notifying the agency of the existence of a sacred site. No sacred sites were 

identified within the project area.

E.O. 13112 (Invasive Species) – Executive Order 13112 directs Federal agencies to identify 

actions that may affect the status of invasive species; prevent the introduction of invasive 

species; detect and respond rapidly to and control populations of such species; monitor invasive 

species populations; and to provide for restoration of native species and habitat conditions in 

ecosystems that have been invaded. Actions to be taken include planning at the local, tribal, and 

state level for species that are likely to cause economic or environmental harm, or, regional, and 

ecosystem levels, in cooperation with stakeholders and organizations addressing invasive 

species. Agencies are not to fund or authorize actions that the agency believes are likely to cause 

or promote the introduction of spread of invasive species, unless the benefits of the action 

outweigh the potential harm caused by the species. Recommended mitigation measures are 

incorporated into this environmental analysis.

E.O. 13175 (Consultation and Coordination with Indian Tribal Governments) – The 

Douglas Indian Association, a federally recognized tribal government, was contacted via the 

scoping letter and briefed during a monthly coordination meeting. Other tribal organizations, 

such as Tlingit & Haida Central Council and the Sealaska Corporation were contacted via the 

scoping letter. 

E.O. 13186 (Migratory Birds) – A Forest Service Wildlife Biologist has determined that the 

proposal should have no effects to migratory birds or their habitat.
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Alaska Region Juneau Ranger District R10-MB-792 [June] [2015]

E.O. 13443 (Facilitation of Hunting Heritage and Wildlife Conservation) – The project 

would have no effect on hunting opportunities in the Berners Bay area. 

An interdisciplinary team of Forest Service resource specialists was consulted in the 

development of this environmental analysis. The project planning record is available at the 

Juneau Ranger District Office for inspection.