Note: This article has been updated since appearing in its print version. Additional comments from Christopher Miller have been added, which were received after press time. 

By Allison Sayer

Both Copper Country Alliance and Department of Environmental Conservation (DEC) hydrologist Charley Palmer submitted comments on a proposed temporary asphalt plant in Kenny Lake before the comment period closed on April 20. The permit (DNR Permit - LAS 33589) was applied for by HC Contractors, Inc, who would produce asphalt for the Richardson Highway MP 82-97 resurfacing project set to begin this summer. The site would be located adjacent to the Kenny Lake School. 

The Copper Basin-based organization Copper Country Alliance submitted a letter stating that if the permit was issued mitigation measures should be taken to protect drinking water, reduce the spread of invasive plants, and minimize noise and traffic hazards for Edgerton Highway residents. The letter also stated, “Surely, homeowners should have been identified, informed of this project, and given an opportunity to respond. We ask that you do that now,” and later continued, “Although we have suggested ways to improve the Mile 5 asphalt plant project, a better alternative that lacks the problems stated above, would be to require HC Contractors to use a Richardson Highway location for their project. We urge you to pursue that.”

DEC Hydrologist Charley Palmer requested that the DNR examine the locations of local wells close to the site (referred to as public water system (PWS) sources), adhere to the DEC Recommendations for General Project Activities near a PWS, and specifically that the applicant “locate the overburden pile, or other potential sources of contamination as far as practicable, or at least 200 feet from any PWS” if the plant is constructed.  

Drinking Water Protection Coordinator Chris Miller with the State of Alaska stated in an email that the nearby wells currently do not have any detections for Volatile Organic Chemicals (VOCs). He said the wells are due to be tested again between now and late 2022. He would recommend the next round of testing to occur shortly after the plant ceased operation in the fall if the facility did go through. 

Drinking water was identified as a potential source of concern, but is there a precedent for this kind of facility affecting drinking water? I asked Miller whether there was. He replied, “I’m personally not aware of any issues that have occurred in Alaska. A quick Google search seems to indicate that problems have occurred in the Lower 48 but the information I’ve reviewed doesn’t say much about the susceptibility of the aquifers impacted. Fortunately, the three public water system wells nearest the [proposed] project are deep and protected by a confining layer.  This confining layer will help mitigate the downward migration of surface contaminants in the event of a spill.   If these wells were completed in a shallow aquifer, the risk of contamination would be much greater.” The nearby wells are: The Kenny Lake Community Well, at a depth of 238’, The Kenny Lake Fire Hall Well, 240’ deep, and the CRSD Kenny Lake Elementary School New Well, also 240’ deep.

The DNR published a notice of the permit application on April 6 on their own website. According to John Forbes, who is the contact for this application at the DNR, the DNR did not need to hold public meetings or publicize this permit beyond its own website because the proposed plant is not permanent. 

According to Forbes, “We are hoping to have a decision in the next week or so for DNR permit application, LAS 33589, from HC Contractors. All commenters/interested parties will be sent a copy of the memorandum of decision on the same day it is signed and sent to the applicant.” For more information, email John.Forbes@alaska.gov.