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Army finds Pebble Mine project cannot be permitted as proposed

By MARY KAUFFMAN

 

August 26, 2020
Wednesday AM


(SitNews) - The U.S. Army Corps of Engineers announced Friday, the Pebble Mine project, as currently proposed, cannot be permitted under section 404 of the Clean Water Act. The Pebble Mine project is a massive gold and copper mine project proposed in the area of the Bristol Bay headwaters of the largest sockeye salmon run in the world. 

The U.S. Army Corps of Engineers found the Pebble Mine project as proposed would likely result in significant degradation of the environment and would likely result in significant adverse effects on the aquatic system or human environment. According to the announcement, the finding is based on factual determinations, evaluations, and tests laid out in the environmental impact statement published on July 24, 2020.

jpg Army finds Pebble Mine project cannot be permitted as proposed

Aerial view of braided wetlands and tundra that is typical of the Bristol Bay watershed in Alaska.
U.S. Environmental Protection Agency photo.

In a letter to the Pebble Mine’s vice president of permitting, The Army Corps admits, “factual determinations that discharges at the mine site would cause unavoidable adverse impacts to aquatic resources and, preliminarily, that those adverse impacts would result in significant degradation to those aquatic resources,” and directs the Canadian company to submit a mitigation plan that would offset these impacts by November 18, 2020. 

Quoting a news release by U.S. Army Public Affairs, "The administration supports the mining industry and acknowledges the benefits the industry has provided to the economy and productivity of this country, from job creation to the extraction of valuable resources, which are especially important as we recover from this pandemic. The Pebble Mine project has the potential to fulfill all of those needs; however, as currently proposed, the project could have substantial environmental impacts within the unique Bristol Bay watershed and lacks adequate compensatory mitigation."

Since taking office, the Trump administration has provided for a fair and thorough process to evaluate the proposed Pebble mine, according to a news release from U.S. Senators Lisa Murkowski (R-AK) and Dan Sullivan (R-AK), Murkowski and Sullivan have strongly supported the administration’s decision to reverse EPA’s preemptive veto of the project, which occurred well before Pebble even applied for a federal permit under the Clean Water Act. 

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Pebble submitted its permit application to the Corps in December 2017. The agency completed a Final Environmental Impact Statement (FEIS) for the project in July 2020. The finding and decision announced by the Corps Friday were made under Section 404 of the Clean Water Act, as well as its associated guidelines, and based on the record laid out in the FEIS. The FEIS found, among other things, that the proposed mine would permanently impact several thousand acres of wetlands and waters, including about 120 miles of streams in the Koktuli River Watershed.

Following the announcement, Senator Murkowski released a written statement saying, "I strongly support Alaska’s mining industry and the jobs, revenues, and raw materials it provides. Mining’s role in our state economy will only grow in the years ahead, but each project will have to demonstrate that it can be built and operated in accordance with strict regulations and without significant adverse impact on the environment."

Murkowski said, “In this instance, after years of extensive process and scientific study, federal officials have determined the Pebble project, as proposed, does not meet the high bar for large-scale development in Bristol Bay." 

“I understand, respect, and support this decision. I agree that a permit should not be issued. And I thank the administration for its commitment to the protection of this world-class watershed and salmon fishery,” said Murkowski.

U.S. Senator Sullivan also released a written statement in which he said, “Throughout my career, I have been a very strong advocate for responsible resource development in Alaska – it provides good-paying jobs to countless hard-working Alaskan families and is the backbone of our economy. A key part of responsible resource development or any economic project in Alaska is the need to allow the state and federal permitting process to work pursuant to our laws and regulations. This is critical for the rule of law, and predictability in attracting investment for our state. The permitting process also provides transparency for the public to see the data and science to judge whether a project meets the high standards we demand in Alaska."

Sullivan said, “For these reasons, I have consistently advocated that the permitting process for the Pebble project go forward in an orderly, science-based manner. That is why, for example, I strongly opposed the Obama administration’s preemptive veto of the project, which short-circuited the permitting process well before Pebble even applied for a federal permit, and was based on very questionable legal authority."

“Throughout this process, I have advocated for the Army Corps and other federal regulatory agencies to conduct a rigorous, fair, science-based review – free of politics – that does not trade one resource for another. I have worked hard to ensure that the voices of all Alaskans – both for and against the Pebble Mine – would be heard, considered, and respected at the highest levels of the federal government. This has happened," said Sullivan.

Sullivan said, “Finally, I have been clear that given the important aquatic system and world-class fishery resources at stake, Pebble, like all resource development projects in Alaska, has to pass a high bar – a bar that the Trump administration has determined Pebble has not met. I support this conclusion – based on the best available science and a rigorous, fair process – that a federal permit cannot be issued."

“I will continue to be a very strong advocate for responsible resource development in Alaska – a critical driver of our economic growth and good-paying jobs. Economic and resource development projects that are critical to our state’s future such as ANWR, NPR-A, AK LNG, Ambler Road, the Donlin Gold Project, and others, continue to be supported and approved by federal agencies through the permitting process, meeting Alaska’s high standards for development. Our economic future continues to look bright with these important projects coming on line," said Sullivan.

Independent U.S. Senate candidate Dr. Al Gross is challenging Sullivan for the U.S. Senate seat currently held by Sullivan. Gross responded to Sen. Sullivan's Pebble Mine statement saying, "Senator Sullivan has had 6 years to come out against the pebble mine—and saying the bare minimum against it now after the National Republican Party gave him permission only proves he’s just another lapdog for the Feds."

Gross said, "If he really wants to prove himself to our people and our state, he needs to return all the donations he’s collected over the years from the project’s executives. Then, and only then, can he show he has some strain of independent thought."

"He thinks Alaskans don’t see his tricks. Well, we do," said Gross.

Bristol Bay’s fishermen commended the U.S. Army Corps of Engineers' decision to forgo a permit issuance and instead require the Pebble Partnership (PLP) to create a new compensatory mitigation plan for the proposed Pebble Mine.

The Alaska District has “made factual determinations that discharges at the mine site would cause unavoidable adverse impacts to aquatic resources and, preliminarily, that those adverse impacts would result in significant degradation to those aquatic resources.”

The Corps is now requiring that Pebble Partnership (PLP) submit a new mitigation plan that repairs and restores damages to Bristol Bay’s Koktuli watershed; given that the harm from the project will be massive and the area currently contains very little degraded wetlands to improve, that should be an impossible task, and the project should not move forward. Army Corps’ findings support action through section 404(c) of the Clean Water Actto protect the important aquatic and fisheries resources at risk in Bristol Bay.

Bristol Bay fishermen have fought this project and the harm it would bring to the fishery for more than a decade. In announcing its decision, the Army Corps acknowledged “the project, as proposed, would likely result in significant degradation of the environment and would likely result in significant adverse effects on the aquatic system or human environment,” confirming the concerns fishermen have raised throughout the project’s history and permitting process.

“Bristol Bay’s commercial fishermen applaud the Army Corps and Alaska Senators Lisa Murkowski and Dan Sullivan for making a commitment to safeguard the world’s largest wild salmon run. Alaska’s Senators have repeatedly made it clear that the project would need to pass a very high bar to advance through permitting, without trading one resource for another,” said Andy Wink, Executive Director of the Bristol Bay Seafood Development Association. “This determination highlights the extensive damage the Pebble Mine would have on salmon habitat.”

“[Friday’s] decision by the Army Corps not to green light Pebble’s permit and instead require a mitigation plan for this project was refreshing and positive news to our fishermen and a huge step in the right direction,” said Commercial Fishermen for Bristol Bay's Director Katherine Carscallen.

Carscallen said, “We are finally seeing the permitting agencies reach the same conclusions and concern our industry has been voicing for decades; development of the Pebble Mine would cause significant and unacceptable harm to Bristol Bay’s salmon fishery and must not be permitted.”

“Alaskans have agreed for years that trading 14,000 American fishing jobs in favor of a foreign owned mine is unacceptable,” said Robin Samuelsen, a veteran Bristol Bay fisherman in Dillingham.

Samuelsen said, “[Friday] the Army Corps made it clear they agree and now we just need Alaska’s leadership to stand with Alaskans and support final and permanent Clean Water Act protections for Bristol Bay.”

“The agency charged with determining if this mine is too dangerous, the Army Corps, has correctly found that a colossal open pit mine at the headwaters of America’s greatest remaining wild salmon fishery and the source of 14,000 jobs is too toxic to build at this time,” said SalmonState Executive Director Tim Bristol.

Bristol said, “We are grateful for our Congressional delegation’s call on the Army Corps to take the decision a step further for a denial of the permit, we will not rest easy until Bristol Bay is afforded permanent protection. The next logical step must be from the Environmental Protection Agency utilizing their authority under the Clean Water Act to veto the Pebble Mine.”

“Unproven technology, shoddy science and broad public opposition led to [Friday's] decision and while Pebble is not dead, it’s safe to say the Pebble Limited Partnership is on life support,” said Bristol. “Clearly this is the wrong mine in the wrong place, and it’s now time to end this saga; we call on the Environmental Protection Agency to use its authority under the Clean Water Act to veto the Pebble Mine.”

Congressman Don Young (R-AK) also released a statement saying, "The debate over Pebble Mine is not new, and through it all, I have been consistent in my position that we needed to allow the scientific process to determine what effect, if any, this mine would have on Bristol Bay. And that meant letting the science, not politicians, environmental activists, or bureaucrats make a determination about the future of the proposed Pebble project. Today's announcement by the Army Corps indicates a significant amount of compensatory mitigation is needed to offset the potential environmental impacts of the proposed mine at this present time. While not an outright veto of the project, this is a steep hill for the company to climb." 

Young said, "Very frankly, I am concerned we are talking about this at all because this is State land. I support our 10th Amendment, and I am a staunch defender of our right to manage our own lands. From day one, this project has been subject to the political whims, decisions, and opinions of federal agencies and bureaucrats who disagree with how we Alaskans choose to live and work. Alaskans know that developing our resources and protecting our environment can go hand-in-hand, which is why I have always defended our right to extract oil and minerals responsibly. If we allow this to continue, then the federal government has a moral and economic obligation to compensate our state for stifling Alaska's job growth potential."

Young said, "Alaskans can continue counting on me to stand up for our state, and working to ensure that activist forces from Outside do not lock away our lands forever.”

 

 

Source of News:

Army Corps of Engineers
www.army.mil

Office of U.S. Senator Lisa Murkowski
murkowski.senate.gov

Office of U.S. Senator Dan Sullivan
sullivan.senate.gov

Office of Congressman Don Young
donyoung.house.gov

Commercial Fishermen for Bristol Bay
fishermenforbristolbay.org

SalmonState
salmonstate.org

Dr. Al Gross
algrossak.com 

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