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Regulatory Framework for Mining & Permitting Agencies

National Environmental Policy Act (NEPA)

Clean Water & Mixing Zones

Summary of State Agency Permits & Points of Contact for Pebble Project

Summary of Federal Agency Permits & Approvals

Summary of Local Permits & Approvals Needed

 


Permitting

State of Alaska Permits Required & Points of Contact for Pebble Project

Table 1: Summary of State Agency Permits & Approvals This table represents a listing of state permits, and point of contacts for individuals and organizations directly responsible for those permits. Generally, the state's Large Mine Coordinator serves as the overall point of contact for state mining projects. The Large Mine Coordinator is responsible for managing and coordinating the permitting process, but not the actual issuance of permits. More information about the state's large mine permitting process and roles between state and federal permitting processes is available at:

www.dnr.state.ak.us/mlw/mining/largemine/lmpt_process.pdf www.state.ak.us/local/akdir1.shtml

Agency Regulated Activity Permit/Approval Point of Contact
1 ADNR *Plan of Operations Approval, may consist of:

1) Project Description
2) Reclamation Plan & Bonding
3) Monitoring Plan (surface/groundwater and/or wildlife)
4) Transportation plan
5) Road maintenance agreements

Mine site must be returned to stable condition compatible with post-mining land use; financial assurance (bond) must ensure state can do reclamation even if company cannot

Division of Mining, Land & Water, Mining Section,
Web Site

Contact:
Rick Fredericksen, Mining Section Chief
Email
Phone: 269-8621
Fax: 269-8930

2 ADNR Required lease for mineral production from the mining claim

Upland Mining lease

Division of Mining, Land & Water, Mining Section,
Web Site

Contact:
Rick Fredericksen, Mining Section Chief
Email
Phone: 269-8621
Fax: 269-8930

3 ADNR Surface property right for facilities & infrastructure areas (buildings, waste rock piles, tailings pond)

Millsite Lease

Division of Mining, Land & Water, Mining Section,
Web Site

Contact:
Rick Fredericksen, Mining Section Chief
Email
Phone: 269-8621
Fax: 269-8930

4 ADNR ROW access for infrastructure (roads, pipelines, powerlines)

Access Road Right of Way (ROW) & Road Maintenance Agreement

(DOT)

Division of Mining, Land & Water, Mining Section,
Web Site

Contact:
Rick Thompson, Regional Manager
Email
Phone: 269-8559
Fax: 269-8913

5 ADNR Transportation and staging facilities (upland) & marine facilities i.e. docks (tideland)

Upland or Tideland Leases

Division of Mining, Land & Water, Mining Section,
Web Site

Contact:
Rick Thompson, Regional Manager
Email
Phone: 269-8559
Fax: 269-8913

6 ADNR

Transportation Plan or Road Use Plan Approval





7 ADNR Required permit across state lands; DMLW on state land (lands section)

Rights of Way for Powerline

Division of Mining, Land & Water, Mining Section,
Web Site

Contact:
Rick Thompson, Regional Manager
Email
Phone: 269-8559
Fax: 269-8913

8 ADNR Required for construction, enlargement, alteration, repair or abandonment; dam safety and operation

Certificate of Approval to Construct a Dam

Division of Mining, Land & Water, Water Section, Dam Safety & Construction Unit
Web Site

Contact:
Charlie Cobb, Dam Safety Engineer
Email
Phone: 269-8636
Fax: 269-8947

9 ADNR Dam (tailings & water storage) design and operation safety

Certificate of Approval to Operate a Dam

Division of Mining, Land & Water, Water Section, Dam Safety & Construction Unit
Web Site

Contact:
Charlie Cobb, Dam Safety Engineer
Email
Phone: 269-8636
Fax: 269-8947

10 ADNR Required water rights permit for use of public surface & subsurface waters

Permit to Appropriate Water

Division of Mining, Land & Water
Web site

Contact:
Gary Prokosch, Chief of the Water Resources Section
Email
Phone: 269-8645
Fax: 269-8947

11 ADNR Temporary use of a significant volume up to 5 yrs requires this permit

Temporary Water Use Permit

Division of Mining, Land & Water
Web site

Contact:
Gary Prokosch, Chief of the Water Resources Section
Email
Phone: 269-8645
Fax: 269-8947

12 ADNR For off millsite material (sand, rock, gravel)

Material Sale

Division of Mining, Land & Water, Mining Section,
Web Site

Contact:
Rick Thompson, Regional Manager
Email
Phone: 269-8559
Fax: 269-8913

13 ADNR Any roads (snow or ice) used for travel to stage equipment and supplies; additional authorization required from OHMP on crossings of fish-bearing waters by snow or ice roads

Winter travel permits

Division of Mining, Land & Water, Mining Section,
Web Site

Contact:
Rick Thompson, Regional Manager
Email
Phone: 269-8559
Fax: 269-8913

14 ADNR *Projects within Alaska's coastal zone reviewed for ACMP policies

Coastal zone consistency review

Office of Project Mgt & Permitting, Alaska Coastal Mgt. Program
Web Site

Contact:
Kim Kruse, Coastal Project Mgr.
Email
Phone: 269-7473
Fax: 269-3981

15 ADNR *Activities such as bridges, culverts, fords, material sites, tailings facilities, water withdrawal structures in waters containing anadromous (rear in the ocean & spawn in fresh water) fish

Fish Habitat Permit under AS 41.14.870

Office of Habitat Mgt. & Permitting
Web Site

Contact:
Al Ott, Operations Mgr.
Email
Phone: 459-7279
Fax: 456-3091

16 ADNR *Activities that affect free passage of fish up and down stream

Fish Passage Permit under AS 41.14.840

Office of Habitat Mgt. & Permitting
Web Site

Contact:
Al Ott, Operations Mgr.
Email
Phone: 459-7279
Fax: 456-3091

17 ADNR Cultural Resource Authorizations:
Issued from the SHPO for archaeological field work on state lands. The SHPO also is consulted by the COE as it exercises its National Historic Preservation Act Section 106 responsibilities. The SHPO must concur that cultural resources would not be adversely impacted, or that proper procedures would be used to minimize or mitigate impacts that may occur.

Field Archaeology Permit and, potentially, Section 106 on National Historic Preservation Act review

Office of History and Archaeology State Historic Preservation Office (SHPO)
Web Site

Contact:
Judy Bittner, State Historic Preservation Officer
Email
Phone: (907) 269-8715
Fax: (907) 269-8908

18 ADNR Cultural and archaeology resource protection; compensation strategy required for significant disturbances

Field Archaeology Permit

See application:
Click Here

See regulations:
Click Here

State Historic Preservation Office, Office of History & Archaeology, Division of Parks & Outdoor Recreation
Web Site

Contact:
Judy Bittner, Chief, Office of History & Archaeology, & State Historic Preservation Officer
Email
Phone: 269-8715
Fax: 269-8908

19 ADFG Required for projects in state refuge, sanctuary, or critical habitat for any mining activity

Special areas permit

Division of Sport Fish
Web Site

Contact:
Mark Fink, Permitting Supervisor
Email
Phone: 267-2338
Fax: 267-2464

20 ADEC Dewatering of construction areas

If discharged to subsurface or land, a wastewater permit under 18AAC72.500 may be required.
If discharged to surface water and is not contaminated, may be covered under the storm water discharge permit (#35 below and #6 in the Federal authorizations).
Otherwise, may be covered under an individual NPDES permit (#1 in the Federal authorizations), then requiring a Certificate of Reasonable Assurance (Section 401 Water Quality Certification) from DEC the EPA Section 402 (NPDES) Permit.

Division of Water
Web Site

Contact:
David Johnson, Environmental Engineer
Email: david_johnson@dec.state.ak.us
Phone: 262-5210 ext 238
Fax: 262-2294

21 ADEC Waste rock dumps and tailings storage facilities

Solid Waste Disposal Permit for Dry stack Tailings

Division of Environmental Health, Solid Waste Program
Web Site

Contact:
Bob Blankenburg, Solid Waste Program Coord.
Email:
Phone: 269-7690
Fax: 269-7600

22 ADEC *This permit may be issued in coordination with EPA (hazardous waste)

Solid Waste Disposal Permit for Construction Debris and Garbage

Division of Environmental Health, Solid Waste Program
Web Site

Contact:
Bob Blankenburg, Solid Waste Program Coord.
Email:
Phone: 269-7690
Fax: 269-7600

23 ADEC *This permit may issued in coordination with EPA (hazardous waste)

Solid Waste Disposal Permit for Tailings with Cyanide Residual

Division of Environmental Health, Solid Waste Program
Web Site

Contact:
Lori Aldrich, Envir. Program Specialist
Email
Phone: 269-7622
Fax: 269-7600

24 ADEC Emissions sources (power plants) during construction; road dust; equipment over a threshold need a permit; facility will generate power or lines;

Air Quality Control Permit to Construct

Division of Air Quality, Air Permits Program
Web Site

Contact:
Bill Walker, Constr. Permits Mgr.
Email
Phone: 465 -5100
Fax: 465- 5129

25 ADEC Requirement under Clean Air act for pollutants into atmosphere

Air Quality Control Permit to Operate

Division of Air Quality, Air Permits Program
Web Site

Contact:
Cynthia Espinoza, Title V Sup.
Email
Phone: 269-7577
Fax: 269-7508

26 ADEC Regulation of industrial and domestic waste streams; mine site would most likely have a solid waste facility (incinerator) for getting rid of hazardous waste; permit restricts black smoke or production of hazardous materials

Air Quality Permit to Open Burn

Division of Air Quality, Air Permits Program
Web Site

Contact:
Chris Kent, ES II
Email
Phone: 269-6847
Fax: 269-7508

27 ADEC Water system is submitted as formal plan; approval is based on conditions met in plan review checklist for construction approval

Construction Approval for Public Water Supply System

See Plan Review Checklist for drinking water systems:
Web Site

Division of Environmental Health, Drinking Water Program
Web Site

Contact:
Allan Nakanishi, Plan Review Engineer
Email
Phone: 269-7516
Fax: 269-7650

28 ADEC Design of public water system is reviewed for state drinking water regulations & federal regulation guidelines

Operation Approval for Public Water Supply System

Division of Environmental Health, Drinking Water Program
Web Site

Contact:
Allan Nakanishi, Plan Review Engineer
Email
Phone: 269-7516
Fax: 269-7650

29 ADEC *Mining company needs significant amount of cash (bonding) to operate permit in case mine site is closed earlier than planned (becomes insolvent or forecloses);10

Bonding & financial assurance

Division of Water, Wastewater Discharge Program
Web Site

Contact:
David Johnson, Environmental Engineer
Email
Phone: 262-5210 ext 238
Fax: 262-2294

30 ADEC For tailings & waste rock at mine site; permit regulates disposal of waste substances (i.e. need to place & dispose of waste); may be dry stack or tailings pond most likely on site (versus off site) due to sheer amount of waste expected)

Solid Waste Permit (also referred to as Waste Management Permit)

Division of Water, Wastewater Discharge Program
Web Site

Contact:
David Johnson, Environmental Engineer
Email
Phone: 262-5210 ext 238
Fax: 262-2294

31 ADEC Discharge of non-domestic wastewater (i.e. non-sewage); design of system is reviewed ensuring standard technology and regulatory requirements are met (i.e. water is treated properly)

Plan Review for Non-Domestic Wastewater Treatment System State plan review occurs outside of EPA permit requirement (#1 Federal Authorizations)

Division of Water, Wastewater Discharge Program
Web Site

Contact:
David Johnson, Environmental Engineer
Email
Phone: 262-5210 ext 238
Fax: 262-2294

32 ADEC *Discharge of fill in waters of the US (wetlands)

Certificate of Reasonable Assurance (Section 401 Water Quality Certification) for COE Section 404 Permit (corresponds to #8 Federal Authorizations)

Division of Water, Nonpoint Source Program
Web Site

Contact:
William Ashton, Stormwater and Wetlands Section
Email
Phone: 269-7564
Fax: 334-2415

33 ADEC *Discharges to of non-domestic wastewater to surface water (stream & lakes, ocean).

Certificate of Reasonable Assurance (Section 401 Water Quality Certification) for Section 402 (NPDES) Permit

Based on permit application, EPA will write an NPDES permit14 and the state will certify that it meets Alaska state quality standards

ADEC must provide certification under section 401 of the CWA for EPA permits to assure they comply with state quality standards including approval of mixing zone (dilution of pollutants) requirements; ADEC authorizes mixing zones in the certification (Cert); EPA has no authority to do this in Alaska

Division of Water, Wastewater Discharge Program Web Site

Contact:
Sharmon Stambaugh, Program Mgr. of Industrial Waste Section
Email
Phone: 269-7565
Fax: 269-3487

34 ADEC Discharge of storm water from construction and operation activities to surface waters.

Submit Storm Water Pollution Prevention Plan to DEC as required under EPA permit. -If Pebble project is eligible for EPA's 15MultiSector General Permit (corresponds to #6 Federal authorization), no state 401 certification is needed because it will be completed under a separate review.
-If project is not eligible for the EPA MultiSector General Permit, authorization for storm water discharges can be included in the individual permit for the project (#1 Federal authorization). DEC would issue a 401 Certificate for an individual permit (#34 state authorization).

Division of WaterNonPoint Source Program
Web Site

Contact:
Greg Drzewiecki, Stormwater & Wetlands Program
Email
Phone: 269-6283
Fax: 334-2415

35 ADEC Disposal of treated domestic waste water; the plan approval is for treatment facility

Plan Review & Construction Approval for Domestic Sewage System

Division of Water, Wastewater Discharge Program
Web Site

Contact:
Tim Wingerter, Domestic Wastewater Section Mgr.
Email
Phone: 451-2116
Fax: 451-2183

36 ADEC *This is for tanks greater than 400,000 gal.; EPA (Matt Carr, 271-5083) Contingency Plan
larger tanks storage of fuels greater than 400,00 like Red Dog

SPCC Plan Review Approval

Division of Spill Prevention & Response
Web Site

Contact:
Ed Meggert, Envir Program Mgr.
Email
Phone: 451-2124
Fax: 451-2362

37 ADEC Operation of vessels and oil barges on state waters or oil terminal facilities above or below ground; reviewed every 3 yrs

Oil Discharge Prevention and Contingency Plan (winter road option only)

Division of Spill Prevention & Response
Web Site

Contact:
Eric Brightenburger, title
Phone: 451-2144
Fax: 451-2362

38 ADEC *Review of blueprints of facilities design on structure, equipment; coordinate with wastewater team on source of water supply, well number; septic system

Food Sanitation Permit

Division of Environmental Health
Web Site

Contact:
Mike Tierney, Environmental Health Officer
Email
Phone: 269-3004
Fax: 269-7510

39 ADOT For access to state highway. $5000 fee required for commercial approach road as performance deposit; site is inspected for requirements (i.e. site distance, location, width, use, return radius, clearance); commercial process may have special considerations; approval from Native corp. is required for approach road on lands other than state lands

Driveway Permit

See online permit regulations for approach road
Web Site

Right of Way
Web Site

Contact:
Dawn Hancock, Right of Way Agent
Email:
Phone: 269-0700
Toll Free: 1800-770-5263
Fax: 248-9456

40 ADOT

Right of Way/Access (on state roads)

Right of Way
Web Site

Contact:
Dawn Hancock, Right of Way Agent
Email:
Phone: 269-0700
Toll Free: 1800-770-5263
Fax: 248-9456

41 ADOT Generation of contaminated materials during construction

Approval to Transport Hazardous Materials

Division of Measurement Standards & Commercial Vehicle Enforcement
Web Site

Contact:
Dan Breeden, Chief of MSCVE
Email
Phone: 365-1210
Fax: 365-1220

42 ADPS This entails a review of commercial building for safety purposes

Life & Fire Safety Plan Check

From ADPS website, looks like maybe item 43 and item 44 should be one item.

Alaska State Fire Marshall's Office, Division of Fire Prevention
Web Site

Contact:
Don Cuthbert, Life Safety Inspection Bureau Supervisor
Email
Phone: 269-5637
Fax: 269- 5018

43 ADPS *Building construction; may require municipality or borough coordination; review for fire and life safety for facilities (buildings)

Plan Review Certificate of Approval for each Building

From ADPS website, looks like maybe item 43 and item 44 should be one item.

Alaska State Fire Marshall's Office, Plan Review Bureau
Web Site

Contact:
Tim Fisher, Building Plans Examiner
Email
Phone: 269-5486
Fax: 269-0098

44 ADL Boiler operation and safety

Certificate of Inspection for Fired and Unfired Pressure Vessel

Division of Labor Standards & Safety
Web Site

Contact:
Mark Peterson, Chief Boiler & Pressure Vessel Inspector
Email
Phone: 269-4934
Fax: 269-4932

45 ADL Required for payroll purposes

Employer Identification Number

Division of Labor & Workforce Dev.
Web Site

Contact:
Judy Smathers, Labor & Workforce Dev. Act. Sup.
Email
Phone: 465-5919
Toll Free: 1888-448-3527
Fax: 465-2374


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