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Permitting Pebble

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Permitting Pebble 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 Alaska 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 salmon 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 MAJOR PERMITS Minimum time frames may be extended. = critical comment period MAJOR PERMITS continued Minimum time frames may be extended. = critical comment period continued = critical comment period for a version of this guide with links to ! ! MAJOR PERMITS Minimum time frames may be extended. ! 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
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