Permitting

Summary of Federal Agency Permits & Approvals

The following table lists federal permits that may be required for the proposed Pebble mine. The state's Department of Natural Resources, Office of Project Management & Permitting coordinates activities with major federal agencies such as US Environmental Protection Agency and US Army Corps of Engineers. In addition, EPA, and all other federal agencies, also must comply with numerous federal executive orders. Two notable ones that apply would be EO's regarding environmental justice and Consultation with Tribal governments. Additionally, the federal Clean Air Act has been delegated to the State of Alaska, therefore federal air requirements are largely enforced by the state.17

For federal authorizations, there are two main permits: NPDES permit (section 402) for industrial wastewater, and the USACE (section 404) permit for fill, and then consultation required by federal regulations for each of them. Any time a Section 402 or 404 permit is issued, the EPA or USACE needs a 401 certification from the state.

EPA assigns a project manager for large projects in Alaska who serve as the primary agency contact for all activities related to that project. Currently, Dianne Soderlund is the EPA Pebble Project Manager. Her role is to coordinate EPA actions on Pebble project including permitting, review and comment of documents as well as public education and outreach. The Alaska Mining Coordinator is Cindi Godsey who serves as the permitting contact. For more information see: Web Site

Currently, EPA is responsible for issuing NPDES (CWA 402) permits for dischargers in Alaska and responsible for reviewing and approving or disapproving state water quality standards revisions and total maximum daily loads. EPA does have a significant federal role in mine permitting but (dependent on the requested permits) the state of Alaska or another federal agency could have a lead role.

Agency		Regulated Activity	Permit/Approval	Point of Contact
1	USEPA	Discharge of industrial wastewater into waters of the U.S. ADEC must provide certification under section 401 of the CWA for EPA permits to assure that they comply with state quality standards including approval of mixing.18	19 NPDES permitting, which incorporates *Section 301 & 306 of CWA, requiring industry to develop and meet wastewater standards under New Source Performance Standards (NSPS). See link: Web Site	EPA Region 10 Contact: Cindi Godsey, Alaska Mining Coordinator Email Phone: 271-6561 Fax: 271-3424
1	USEPA	Discharge of industrial wastewater into waters of the U.S. ADEC must provide certification under section 401 of the CWA for EPA permits to assure that they comply with state quality standards including approval of mixing.18	19 NPDES permitting, which incorporates *Section 301 & 306 of CWA, requiring industry to develop and meet wastewater standards under New Source Performance Standards (NSPS). See link: Web Site	EPA Region 10 Contact: Cindi Godsey, Alaska Mining Coordinator Email Phone: 271-6561 Fax: 271-3424
2	USEPA	NPDES permit actions for new sources are subject to NEPA; a Record of Decision (ROC) would be issued prior to the final permit action	Section 511 (c) of CWA	EPA Region 10 Contact: Hanh Shaw, NEPA Compliance Officer Email Phone: (206) 553-0171 Fax: (206) 553-0165
3	USEPA	Issuance of permit to allow discharge of fill into waters of the U.S.	Review of COE CWA Section 404 Permit	EPA Region 10 Contact: Phil North Email: Phone: 260-4872 Fax: 260-5992
4	USEPA	Authorized under CWA for review of SPCC plan for large quantities of oil	Spill Prevention, Control, and Countermeasure (SPCC) Plan	EPA Region 10, Environmental Clean-up Office, Envir. Response Unit Contact: Matt Carr Email: Phone: 271-3616 Fax: 271-3424
5	USEPA	Discharge of storm water from industrial activities into waters of the U.S.	20 Coverage under the Storm water MultiSector General Permit (if eligible).	Submit Notice of Intent to EPA Headquarters EPA Region 10 contact: Misha Vakoc Email: Phone: (206) 553-6650
6	USEPA	Discharge of wastewater, including storm water, to the subsurface	Class V Underground Injection Control (UIC) Permit	EPA Region 10 Contact: Peter Mogolske Email: Phone: (206) 553-2964 Fax: (206) 553-0165
7	USACE	Discharge of fill into wetlands and waters of the U.S. (including construction for roads, bridges, dams for tailings storage, & water storage dams or stream diversion structures)	21 Permit under Section 404 of CWA for Discharge of Dredge or Fill Materials (mine tailings) into waters or wetlands of the U.S.	US Army Corps of Engineers, Alaska District, Regulatory Branch Web Site Contact: Leroy Phillips, Team Leader Email Phone: 753-2712 Phone Toll Free: 1800-478-2712 Fax: 753-5567
8	USACE	Any structure and/or work that could obstruct traditionally navigable waters of U.S. (including artificial islands, installations, etc.)	Permit under Section 10 of Rivers & Harbors Act of 1899	US Army Corps of Engineers, Alaska District, Regulatory Branch Web Site Contact: Leroy Phillips, Team Leader Email: Phone: 753-2712 Phone Toll Free: 1800-478-2712 Fax: 753-5567
9	USACE	Impacts to cultural resources	Consultation under Section 106 Historical and Cultural Resources Protection	US Army Corps of Engineers, Alaska District, Regulatory Branch Web Site Contact: Leroy Phillips, Team Leader Email: Phone: 753-2712 Phone Toll Free: 1800-478-2712 Fax: 753-5567
10	NMFS	Issuance of permits for discharges of wastewater or fill to waters of the U.S.	Consultation with federal agencies for adverse effects on essential fish habitat (including habitat for spawning, breeding, feeding, growth to maturity); EPA must provide a EFH assessment to NMFS for the NPDES permit, and USACE must for the Section 404 permit. Essential Fish Habitat (EFH)	National Marine Fisheries Service, Alaska Region Contact: Matt Eagleton, Fishery Biologist Email: matthew.eagleton@noaa.gov Phone: 271-6354 Fax: 271-3030
11	NMFS	Issuance of permits for discharges of wastewater or fill to waters of the U.S.	Consultation under Section 7 of Threatened and Endangered Species Act (ESA). ESA requires federal agencies issuing permits to conduct consultation for impacts to threatened or endangered marine species (EPA for the NPDES permit, and USACE for the Section 404 permit.)	National Marine Fisheries Service, Alaska Region Contact: Matt Eagleton, Fishery Biologist Email: matthew.eagleton@noaa.gov Phone: 271-6354 Fax: 271-3030
12	NMFS	Issuance of permits for discharges of wastewater or fill to waters of the U.S. Permits for Native Endangered & Threatened Species link: Web Site	23Threatened & Endangered Species Act Consultation	US Fish & Wildlife Service, Alaska Region Web Site Contact: Greg Balogh, Endangered Species Branch Chief Email: Phone: 271-2778 Fax: 271-2786
13	NMFS	Impacts to raptors nesting in area	Consultation under the Bald Eagle Protection Act Clearance	US Fish & Wildlife Service, Alaska Region Web Site Contact: Joe Connor, Project Planning Biologist Email: Phone: 271-3764 Fax: 271-3030
14	NMFS	Impacts to migratory birds in area See Migratory Bird & Eagle Permits link: Web Site	Consultation under Migratory Bird Protection	US Fish & Wildlife Service, Alaska Region Web Site Contact: Meg Laws, Wildlife Biologist/Permits Email: Phone: 786-3693 Fax: 786-3495
15	USBATF	Use of high (type 33) blasting agents; need permit to set off or purchase explosives or if any mixing of explosives occurs on site; permits gives right to create explosives and combine ingredients	Permit and License for Use of Explosives	US Department of Justice, Bureau of ATF, Anchorage Field Office Web Site Contact: Peggy Dreeszen Email: Phone: 271-5701 Fax: 271-5704
16	USMSHA	This is a 1-page application filled out by the mining company legally required indicating they are a mining operation; the mining company is assigned an identity number	Notification of Legal Identity	US Mining, Safety, Health Administration, Anchorage Field Office Web Site Contact: Scott Horn, Supervisor Email: horn.donald@dol.gov Phone: 271-1250 or 250-0267 Fax: 271-1252
17	USMSHA	Each individual mining company is required to have training (i.e. primarily safety issues)	Training and Retraining of Miners Plan	US Mining, Safety, Health Administration, Anchorage Field Office Web Site Contact: Scott Horn, Supervisor Email Phone: 271-1250 or 250-0267 Fax: 271-1252