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The Pebble Project and Alaska's Large Mine Permitting Process

Alaska Department of Natural Resources

Numerous federal, state, and local government permits and authorizations are required before construction and operation of a large hardrock mine can begin. Because each project is unique, the specific permits/approvals/authorizations are different for each project.

Because the Pebble Project is still in the advanced exploration stage and only Water Rights applications have thus far been submitted, it's difficult to say precisely what permits will be required. However, the following text provides an overview of the state's Large Mine Permitting Process in relation to the Pebble Copper-Gold-Molybdenum Project.

In order to conduct the permitting process in as coordinated and efficient manner as possible, the State of Alaska has established a Large Mine Project Team (LMPT) of experienced professionals from all of the applicable state agencies. Under the direction of a Project Coordinator from the Office of Project Management and Permitting (OPMP) in the Department of Natural Resources (DNR), the Large Mine Project Team works with the federal and local government agencies in the coordinated solicitation of public comment, technical review of baseline data and proposals, the consideration of alternatives, the establishment of financial assurances, and, potentially, the issuance of authorizations and permits.

The Pebble Project will almost certainly require an Environmental Impact Statement (EIS), a federal document that analyzes development alternatives and potential impacts via a process defined by the National Environmental Policy Act (NEPA). If the EIS results in a positive Record of Decision (ROD), state and federal permits and authorizations are issued in accordance with the ROD. The state strives to coordinate its permitting process with the NEPA process in order to enhance permitting efficiency and facilitate public review and understanding of the proposed project. The entire process, from the initiation of Environmental Baseline Studies to the issuance of permits, commonly takes 5 to 6 or more years.

It is imperative that mining projects "Design for Closure" from the very beginning. This means that throughout the permitting process the project proponents and agencies need to consider how the project site will reclaimed and closed when mining has been completed. Appropriate monitoring needs to be put in place to determine if standards and established goals are being. Financial assurance amounts need to be set and periodically reviewed to ensure that adequate funds are available to achieve reclamation.

Space doesn't permit listing all of the numerous state and federal permits that would likely be required. However, state permits/approvals/authorizations, include: DNR - Plan of Operations Approval, Reclamation Plan and Bond Approval, Dam Safety Certification, Fish Habitat & Fishway Permits, Cultural Resource Protection, Alaska Coastal Zone Consistency Review; DEC - Waste Management Permit, Domestic and Non-Domestic Wastewater Disposal Permits, Certification of federal Clean Water Act 402 & 404 Permits, Storm Water Pollution Prevention Plans, and Air Quality Permits.

Under the Clean Water Act, major federal permits will include a Section 402 (NPDES) permit from the EPA if there will be wastewater discharges and a Section 404 permit from the Army Corps of Engineers for the placement of dredge or fill material (including tailings) into waters or wetlands of the U.S. Additionally, formal consultations will be required with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service in relation to the Endangered Species Act, the Marine Mammal Protection Act, the Bald Eagle Protection Act, the Migratory Bird Act, and Essential Fish Habitat.

For more information about the Large Mine Permitting , please see Large Mine Permitting.

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