PEBBLE WATCH Impartial, educational, and fact-based content related to the development of Pebble mine January 2013 | BBNC

Pebble Limited Partnership has said that it intends to release a mine plan Permitting Pebble and file a permit application by the end of fiscal year 2012 (June 30, Permitting any large mine in is complicated, with federal, state and local permits 2013). needed before development can begin. For the Pebble project, the “cornerstone” permit This timeline may shift, but readers is Section 404 under the Clean Water Act, related to discharging dredge or fill material can get an early peek into large-scale mine permitting in this issue, which (including mine tailings) into waters or wetlands. The U.S. Army Corps of Engineers focuses on the permitting process approves Section 404 permits, which are subject to a federal environmental review listed and legislation/regulations that could under the National Environmental Policy Act (NEPA). The Corps of Engineers will serve affect development of the mine. as the “lead agency” for Pebble permitting, and will be responsible for preparing an Environmental Impact Statement (EIS) as part of the NEPA process.

“Scoping” the issue the public input process. “The initial Once a 404 permit application is filed design allowed for discharge into a and NEPA analysis begins, the Corps rearing area, but they ended up of Engineers will begin what is called changing the outfall so that it minimized “scoping,” or identifying issues that impact to the Goodpaster River,” she need to be addressed during NEPA said. review. This is when many of the public The type of public input that can participation opportunities happen. contribute to these changes is specific, Expect meetings, chances to talk about rather than “generalized comments the proposed mine plan, and the ability of support or opposition,” said to submit written comments online or by Stambaugh. With the very technical mail. State permits will have their own nature of a mine plan, specific public participation requirements. The comments are usually submitted by the Corps of Engineers is currently in the applicant, federal agencies or non- scoping stage for the proposed Donlin governmental organizations with staff Gold Project in the Yukon-Kuskokwim scientists. Local knowledge is also region, and has created a website with welcome. “In the case of Pebble, we mine plan documents, meeting times look forward to comments from the and comment forms. This example gives many residents who use the area and an idea of how the Pebble permitting who have valuable local knowledge,” documents/process might look: said Stambaugh. www.donlingoldeis.com. Public input - does it make a Visit www.pebblewatch.com for more on permitting, including a Pebble Watch difference? permitting guide, links to NEPA, and a Once the NEPA process begins, longer interview with Stambaugh, Alaska members of the public can submit DNR’s large mine project coordinator. written comments for various permit applications. But does that make a The permitting process for Pebble will difference? Sharmon Stambaugh, be a big challenge. I don’t think there’s of Alaska’s Department of Natural any doubt that it will be the largest, Resources, says yes. As someone thickest environmental impact statement involved in scoping for the Pogo mine ever done in Alaska, maybe the nation, in Interior Alaska, Stambaugh saw maybe the world. – Ed Fogels, Alaska design changes that came out of DNR deputy commissioner, Frontline

Photo: BBNC Land Department documentary “Alaska Gold” • www.pebblewatch.com PEBBLEWATCH PERMIT CATEGORIES

Impartial, educational, and fact-based content related to the development of Pebble mine See inside for details on permits that will likely be required for the Pebble project. Visit www.pebblewatch.com continued continued mAjor permitsfor a version of this guide with links to minimum time frames may be extended. ! = critical comment period mAjor permits minimum time frames may be extended. ! = critical comment period mAjor permits minimum time frames may be extended. ! = critical comment period additional information. public comment public comment public comment Agency WhAt permit covers period Agency WhAt permit covers period Agency WhAt permit covers period Detailed Construction and Operation De- All How the project is to be constructed and operated Fill/mAteriAl use & plAcement scription Major permits Fish & WildliFe protection Overall project Permitting guide Wetland Fills Fish Habitat Permit (A.S. 16.05.871) ADFG Construction in anadromous streams; Anadromous None WATCH Plan of Operations Approval ADNR All aspects of the project on State land fish habitat permit Pebble Watch has created this guide to provide an overview of the Project design Section 404 Permit for Discharge of EPA/COE Dredge or fill discharge into wetlands/waters of the 30 - 60 Dam Safety Dredge or Fill Materials into Waters of U.S. days Fish Passage Permit (A.S. 16.05.841) ADFG Ensuring fish passage; Resident streams comment None PEBBLE 111 W. 16th Ave. permits, authorizations, and processes that may be required forproject the design ! Ste. 400 Reclamation the U.S., including wetlands on fish passage issues Pebble Watch resourAnchorage, AK ce Dam Safety Bald Eagle Protection Act Clearance USFWS Eagle nests None Pebble project, and to identify those that allow for a public comment Water Section 404 Permit Review 99501 Certificate of Approval to ConstructWater Dischargea Dam ADNR Detailed design plans None Migratory Bird Protection USFWS Migratory birds None period. Certificate of Assurance (Section 401) ADEC Discharges to surface waters and wetlands (linked None Storm Water Certificate of Approval to Operate a Dam ADNR Detailed operational plan None to USACE Section 404 Permit Application Process) Threatened & Endangered Species Act USFWS / Threatened and Endangered species Underground injection (ESA) Consultation (Section 7) NMFS Currently, the Pebble mine project is in a pre-permitting phase.Reclamation Once Water use Solid Waste Disposal (landfills, waste rock and tailings) for all in this Keeping track a mine plan is complete, developers can begin the long processReclamation of Plan Approval ADNR Closure design and preparation (e.g., stockpile None Solid Waste Disposal Section of Waste ADEC Disposal of solid waste, (e.g., tailings, waste rock) 30-day minimum locAl government - lAke And peninsulA borough ! section Air locations) Air quality Management Permit Development Permit L & PB Large scale development projects Part of the public gaining permits from local, state and federal agencies. This could take Planning notice process for WAter up to three years. Fill/Material Use and Placement Construction in or Over Navigable Waters Commission the meeting Wetland fills Water Discharge Section 10 Permit for Construction of any COE Structures over navigable waters 30-day minimum Large Project Permit L & PB Large development projects meeting c 14-day minimum Solid waste disposal Structure in or over any Navigable Waters Assembly Using this guide Section 402 National Pollutant DischargeConstruction EPA orin ADECor over navigableDischarges to surface waters and wetlands 30-day of the U.S. (Part of 404 application) An actual list of required permits for the Pebble project cannot beElimination created until System Water Dischargewaters ! minimum Permit Construction Permit for a Bridge or Cause- USCG Bridge or causeway over navigable waters 30 Days the project is defined, so this list should be used as a general guide only. It is Material sale way Across Navigable Waters of the U.S. About nepA Submitting the Section 404 permit application to Certificate of Assurance (Section 401) ADEC Discharges to surface waters and wetlands (linked None not indicative of future Pebble project plans or design. Permits are grouped Land Use to USACE Section 404 Permit Application Process) Material Sale Under the National Environmental Policy Act (NEPA), an COE will start the NEPA process. by function, and are designated as major or minor based on the amount of State land Section 404 of the Clean Non-Domestic Wastewater Disposal Sec- ADEC Detailed treatment process plans 30-day minimum Material Sale on State Land (MLW) AK DNR Sale of State gravel 30-day environmental analysis of how a project could impact Water Act information, effort and time needed to acquire each. The “major”tion or of “minor”Waste Management Permit Cultural Resources Protection ! minimum the environment needs to be completed before a Get to these resources easily: Just visit www.pebblewatch.com for a web version of this permitting guide. About 404(c) designation does not reference a permit’s importance, as eachPlan may Review be needed for Non-Domestic EPA or ADEC Detailed design and construction plans None (ADNR MLW tends to decision to approve a permit is made. In this process, This EPA publication focuses on Wastewater Treatment System* (not aOil Spill bundle permit comment Section 404(c) of the Clean Water Act gives the before a complete project may proceed. Most major permits have an associated periods into one big Section 404 of the Clean Water Act, permit; plan review only) one agency will be designated as the “lead agency” to Fish and Wildlife Protection process.) Environmental Protection Agency (EPA) the authority U.S. Corps of public review and comment period. Permitting GuideRESOURCES including descriptions of agenices Plan Review and Construction Approval ADEC None supervise preparation of the environmental analysis. For to limit or prohibit disposal sites for dredged or fill for Domestic Sewage System* (not a Local Government lAnd use Engineers Regulatory involved and information on wetlands the Pebble project, this agency will likely be the U.S. permit; plan review only) for all in this material — including wetlands — “if the discharge will Field guide identification. AGENCIES Minor permits Air quality State Land ! section Army Corps of Engineers (COE). have unacceptable adverse effects on municipal water This field guide provides Storm water Aviation Upland Mining Lease ADNR Mining on land 30-day minimum ADEC Alaska Department of Environmental Conservation supplies, shellfish beds and fishery areas, wildlife or descriptions of wetlands, Alaska Department of Natural Resources Storm Water Construction and Operation APDESCommunicationsRun-off from disturbed ground surface 7 days posted on Millsite Permit ADNR “Surface authorization” for mill facility 30-day minimum the public role Large Mine Permitting ADNR Permit Explosives website and notice recreational areas.” The EPA’s recently conducted a permits (Section 10, Tidelands Lease ADNR Tidelands structures for use of state-owned tide- 30-day minimum “The public has an important role in the NEPA process, ADOL Alaska Department of Labor Hazardous materials and wastes to T&ES Agency Section 404) and mitigation in Alaska Alaska Department of Transportation & Public Facilities lands. Less than 3 miles to ordinary high water. watershed assessment of the Nushagak and Kvichak Storm Water Pollution Prevention Plan StateHighway of transportationRun-off from disturbed ground surface None particularly during scoping, in providing input on what ADOT/PF watersheds to gather information to help the agency procedures. The Alaska Department of AlaskaMarine safety Lease of Other State Lands ADNR Specific as needed 30-day minimum Alaska Department of Public Safety issues should be addressed in an EIS (Environmental ADPS Mine safety Miscellaneous Land Use Permit ADNR Misc. uses (e.g., borrow sites) 30-day minimum decide whether a 404(c) action is warranted in this Natural Resources maintains Bureau of Alcohol, Tobacco, and Firearms Impact Statement) and in commenting on the findings Underground Injection Public health and safety a “Large Mine Permitting” BATF Road Right of Way (ROW) ADNR or land- Road right-of-way (These permit area. If available science suggests unique factors Registrations in an agency’s NEPA documents. The public can Cooperative COE Army Corps of Engineers Underground Injection Control Well Division of Underground injection of water or drilling muds 30-day minimum owner applications are A look at regulations, legislation and AGENCY web page, which details Water (DEC)Security not required by of ’s wetlands are vital to supporting the Extension NEPA Department of Homeland Security Power Line ROW Power line right-of-way participate in the NEPA process by attending NEPA- the permitting process for DHS Alaska law to have a region’s one-of-a-kind fisheries and wildlife, EPA may Project Permits Page Environmental Protection Agency Water Use comment period.) EPA Pipeline ROW ADNR - JPO Pipeline right-of-way related hearings or public meetings and by submitting Federal Aviation Administration initiate a 404(c) action. If this should happen, the Pebble Watch has revised its PermittingThe Cooperative Extension Temporary Water Use Permit ADNR Construction and early operation; good up to five None comments directly to the lead agency. The lead agency FAA years culturAl resources protection decision would include additional opportunities for USCG at the University of Federal Communication Commission must take into consideration all comments received from MINOR PERMITS projects such as Pebble. Find fact sheets, presentations FCC Permit to Appropriate Water ADNR Post 5-year operation 30-day minimum Section 106 Historical and Cultural Re- SHPO/COE Cultural resources protection 30 days public comment. Fairbanks offers this Joint Pipeline Office sources Protection the public and other parties on NEPA documents during not requiring public comment periods AGENCY MARINE SAFETY and links to several large projects coordinated by the Large JPO ! Most of these permit applications will be filed late in the permitting process. PFS-level (prefeasibility study-level) design is either adequate for all resource to describe the Lake and Peninsula Borough Cultural Resources Authorizations SHPO Cultural resources protection 30 days the comment period.” Hazardous Cargo Mine Permitting Team. L&PB Air 12/2012 -www.epa.gov, NEPA Basics page minor permits, or the additional information will be available before a particular permit application needs to be filed. National Environmental Alaska Department of Mine Safety and Health Administration Fuel Offloading MSHA oil spill ADNR Natural Resources Pebble Air Quality Policy Act (NEPA) and how NMFS National Marine Fisheries Service Spill Prevention, Control, and Countermea- ADEC Spill prevention None initiatives that could affect development of Person in Charge Certification MSHA Project page Air Quality Control Permit to Construct ADEC Non-mobile air emissions (stacks, dust, non-road 30 days sure (SPCC) Plan ADEC SHPO State Historic Preservation Office (one of the following): engines, e.g., light plants, pumps) This page describes the Pebble AIR QUALITY PERMIT TO OPEN BURN MINE SAFETY T&ES Threatened & Endangered Species • Prevention of Significant Deterioration Oil Discharge Prevention and Contingency ADEC Spill prevention and response 45 days project and links to permit Plan (ODPCP or “C” Plan) Guide, first Burn Permitdeveloped Miner Training and Retraining in Plan Approval 2010, to show United States Coast Guard • Minor permit Alaskan residents can participate in shaping proposals near USCG FAA Facility Response Plan (FRP) EPA Spill response None Mine Identification Number applications, field reports and • Title V Operating Permit Burn Permit ADEC their communities. Read about the process, NEPA actions, USDOT United States Department of Transportation more. Facility Response Plan (FRP) USCG None Notification of Legal Identity and participation ideas. USFWS United States Fish and Wildlife Service AVIATION ADEC Citizen’s Guide to the NEPA FCC PUBLIC HEALTH & SAFETY Notice of Proposed Construction or Alteration ADPS The Bureau of Land Management has 2 3 4 Approval to Construct and Operate a Public Water the proposed Pebble mine. Supply System (plan review required) ADPS a detailed guide to the NEPA process COMMUNICATIONS BATF Food Sanitation Permit at its web site, as well as a 184-page Radio License ADOL handbook for download. Information Life and Fire Safety Plan Check the types of permits potentially requiredrelating to public participation in the EXPLOSIVES FAA State Fire Marshall Plan Review Certificate of NEPA process is contained mainly in License to Transport Explosives Approval for Each Bldg 6 Certificate of Inspection for Fired and Unfired ADOL Chapters 6, 8, 9, and 12. Permit and License for Use of Explosives (BATF) BATF EPA Pressure Vessel Notice of Controlled Firing Area for Blasting EMPLOYER HAZARDOUS MATERIALS & WASTES Employer Identification Number Registration DHS Obtain Hazardous Waste Generator (Resource Conservation and Recovery Act [RCRA]) SECURITY for developmentIdentification Number of thePort Security OperationsPebble Plan project. The new Hazardous Materials Registration Number USDOT Port Facility Security Coordinator Certification Approval to Transport Hazardous Materials ADPS ADOT / PF

HIGHWAY TRANSPORTATION 5 Utility Permit on ROW EPA 404(c) action Permitting GuideDriveway Permit identifies which permits will have public input periods, lists agencies that will likely be involved in permitting, and includes web resources If the U.S. Environmental Protection for further study. Find the Permitting Guide online at www.pebblewatch.com/ Agency (EPA) pursues a 404(c) action resources. in the Bristol Bay watershed, it could restrict development. The agency is working on a final Bristol Bay Watershed Assessment, which it has Getting ready for the mine plan said will inform any decision on 404(c). The Pebble Limited Partnership (PLP) feedback from people shortly before Federal legislation has asked stakeholders to hold off permitting begins. “There are physical judging its project until an official things you can’t change, like where the In the 112th session of Congress, mine plan is released. That plan is in ore body is,” said Heatwole. But other legislators sought to reduce or remove production now, slated for release aspects of the plan will change through EPA’s authority related to 404(c) sometime before the end of June the process. “It’s helpful for folks to through bills such as the “Mining Jobs 2013. Pebble Watch interviewed Mike understand that the project that gets Protection Act” and the “EPA Fair Heatwole, PLP’s vice president of initially rolled out and put into permitting Play Act.” Bills of this type could be public affairs, for details. is not a final. There are always terms reintroduced in the 113th session of and conditions that come out of that Congress. Timeline • The public has been waiting process based on public input and for an official mine plan for years, but technical input.” “Bristol Bay Forever” crafting the best plan is a complicated process involving engineers from PLP, Understanding the technical aspects This ballot initiative would allow Alaska Northern Dynasty Minerals and Anglo of the plan • PLP will be making residents to vote on a bill to require American. Heatwole said that any legislative approval before certain large- multiple visits to different communities time a new component is considered, scale mines could be developed in the to make sure everyone gets a chance to Bristol Bay area. “Bristol Bay Forever” it has a domino effect on the plan. see the plan presented in person. Staff will go on the ballot in August or For example, making a change like members are working on explaining November 2014 if its sponsors collect increasing the size of grinding mills to complicated terminology and concepts 30,169 signatures from qualified voters. get more throughput requires more in layman’s terms, as well as possibly power and water. So power equations having multiple versions of the plan — Bristol Bay Area Plan and locations for power generation an in-depth version for those who want need to be sorted out in addition to details, as well as a “lighter” version that The Bristol Bay Area Plan is a legal effects on the water management gives more of an overview. document that determines how land in plan and how to handle treatment, the Bristol Bay area can be used. The circulation and discharge requirements. Recommendations from the state of Alaska has revised a portion “We’re also spending significant Keystone process • Heatwole said of the 2005 plan and is seeking public time and resources working our way that PLP benefited from some of the comment through April 4, 2013. through closure,” he said. “What does pointed questions and discussion at it look like, what do we need, how the Keystone science panels (see the seals will we get land back to chemical, October issue of Pebble Watch for The Center for Biological Diversity biological and physical stability, what details). “It brought folks together to get petitioned the National Oceanic and is the plan for long-term monitoring?” questions and issues on the table in a Atmospheric Administration (NOAA) Some other areas of the plan that are constructive way. We’re awaiting the Fisheries Service for threatened or still being worked out are safety and final report from Keystone to see if there endangered species protection for security, quality control and workforce are additional studies that could be harbor seals that live in Iliamna Lake. development. helpful. Some of these things you can NOAA Fisheries has until Feb. 18, 2013, continue to work on even as you roll into to determine whether further review is Plan rollout • PLP intends to take the permitting, since the permitting window warranted. plan to communities and get initial is really long.” Permitting claims How true are statements you may hear about permitting large mines in Alaska? Left: Alaska Miners Association presentation, June 2012 Above: Report from Wild Salmon Center/Trout Unlimited, January 2012

Once the permitting process Alaska is viewed in a negative Alaska has the world’s has begun, the state of light by the industry because most stringent regulatory Alaska has never before of its regulatory process and system. rejected a large mining length of time for getting Maybe, but needs back up. project. permits. This statement can be used as an Technically true. Not necessarily. assurance that the regulatory process is more protective in Alaska than But it’s more complicated than that, According to a January 2012 report anywhere else, but it is difficult to says Sharmon Stambaugh, large mine on “The Economic Impacts of Alaska’s find research or comparisons that project coordinator for the Alaska Mining Industry,” there were 81 back this claim up. PLP has a less Department of Natural Resources significant exploration projects in Alaska general version of the statement (DNR). “We say no all the time. We in 2010, including 34 projects each on its website: “The process of make people go back to the drawing with expenditures for the year of more environmentally permitting a large board, modify this, review that, flesh than $1 million. Most of this exploration hard rock mine in Alaska is exhaustive this part out. Sometimes what happens funding came from Canadian and other and complex, with some of the most is that the applicant says ‘No’ itself. international sources. stringent environmental standards in For example, the Alaska-Juneau gold And the Fraser Institute’s 2011/2012 the world.” mine project in Southeast was never survey of 802 mining companies around permitted because there were so many According to Sharmon Stambaugh, the world ranked Alaska in the top aspects of that project that didn’t prove of Alaska DNR, the state does differ 25 for “policy potential,” or how well to be viable — human health issues, from other areas, especially in terms different factors encourage investment. potential impacts to water supply, no of water quality standards. “A lot Factors included in the survey were: good way to discharge tailings.” of states rely on federal standards, existing regulations; environmental but because Alaska protects most Since the permitting process is open- regulations; regulatory duplication and of its water for all uses, including ended and “iterative,” a developer can inconsistencies; taxation; uncertainty aquatic life, it has set very stringent continue to submit change after change concerning native land claims and state standards.” Stambaugh said in an effort to get to a plan that meets protected areas; infrastructure; the permitting process is more all regulatory requirements. With a socioeconomic agreements; political complex due to factors such as prospect as large as Pebble, it is likely stability; labor issues; geological land-ownership, endangered/ that developers will go forward with database; security; and corruption. threatened species, anadromous multiple revisions to get the permits In the same report, a consultant company fish, and issues with access to sites. they need. At its essence, this claim is quoted saying, “Alaska, during Once a site opens, there are permit- suggests that once Pebble permitting transition to statehood, settled all native required environmental audits every begins, the state will approve the land claims. The resulting land tenure five years. “To our knowledge, these necessary state permits. This quote certainty and entrepreneurial native environmental audits are not generally from the PBS Frontline documentary corporations have given Alaska stability standard requirements in other Alaska Gold seems to back that up: that neighbouring provinces can only jurisdictions,” said Stambaugh. “If the company can meet all the dream of.” But does that mean Alaska has the standards in their design, then we Find links to these reports at www. world’s most stringent standards? It’s may have no choice but to permit it. If pebblewatch.com/resources. unclear until a factual comparison is they can show that water quality will conducted. be protected and that air quality will be protected and the fish and wildlife RESOURCE FACT resource will be protected, then, you know, essentially they’re due a permit.” The state of Alaska Office of Project Management and Permitting (OPMP), under the Department of Natural Resources (DNR), coordinates all state agency permitting with an Alaska DNR deputy commissioner Ed Fogels interagency Large Mine Permit Team (LMPT). This team works with federal and local permitting agencies to streamline the process. Find a link to its site at www.pebblewatch.com/resources. PEBBLEWATCH 111 W. 16th Ave., Ste. 400 Anchorage, AK 99501

January 2013 | BBNC

Pebble Watch is an impartial, educational and fact-based resource for sharing In this issue: Permitting Pebble - the information about the proposed Pebble project. It is a program of the Bristol Bay process and public input • Regulation/ Native Corporation Land Department. Questions? Call (800) 426-3602. legislation that could affect the proposed Pebble mine • Claims about permitting “Like” Pebble Watch on Facebook for regular updates. For more in-depth mines in Alaska. How true are they? • stories, a copy of this newsletter, calendar of relevant events, and links to helpful Interview with Pebble’s vice president for resources, visit www.pebblewatch.com. public affairs

Pebble-related events and Pebble Watch heads-up Coming up documents on the horizon. Public Comment Keystone Center | www.keystone.org Revisions to the 2005 Bristol Bay Area Report from October science panels • Keystone Center has been working on Plan are up for public comment. The a report detailing comments and suggestions from scientists who participated in Department of Natural Resources (DNR) the Keystone dialogues held in Anchorage in October 2012. The science panels has proposed revisions, adding new focused on the Pebble Limited Partnership’s environmental baseline document. land-use designations for certain areas. The Keystone report is anticipated in early 2013. Find details at www.pebblewatch.com, New science panel slated for April 2013 • Keystone is planning a two-day panel including a link to an online comment on wetlands, vegetation, wildlife and endangered animals to be held in April in the form. Bristol Bay region. Watch for details online at www.keystone.org. Comments must be received in writing by DNR Pebble Limited Partnership | www.pebblepartnership.com by April 4, 2013. Mine plan and permitting • The Pebble Limited Partnership has said it intends email: [email protected] to release a mine plan and beginning the permitting process by the end of fiscal fax: (907) 269-8914 year 2012 (June 30, 2013). PLP has told Pebble Watch it intends to visit Bristol Bay communities to discuss the mine plan ahead of permitting. mail: Ray Burger, Resource Assessment and Development Alaska DNR EPA | www.epa.gov/bristolbay 550 W. Seventh Ave., Suite 1050 Bristol Bay Watershed Assessment • EPA has been working on revisions to Anchorage, Alaska 99501-3579 its draft watershed assessment after receiving comments from the public and online: dnr.alaska.gov/mlw/ suggestions from peer reviewers. It intends to have scientists review the final planning/areaplans/bristol/ before it is released to the public. Last year, EPA had said it would publish the final amend/comments/ by the end of 2012, but has since said it is not putting a timetable on the revision process.