THE LINK: JULY 2023 45 ter Act Section 404 dredge and fill permit for Pebble Partnership Ltd., which hopes to develop a large copper, gold, and molybdenum deposit near Iliamna, southwest of Anchorage. In its appeal, Pebble Partnership said the corps’ evaluation was flawed and showed factual inconsistencies with data compiled in a Final Environmental Impact Statement done by the agency for the Pebble project. “My decision to remand permit application back to the Alaska District is not a permit authorization,” Gibbs said in a statement. “The (Alaska) District has been asked to re-evaluate specific issues with the administrative record to ensure the decision is well-supported.” Pebble Partnership CEO John Shively said the remand shows the Corps recognizes that its final decision was not properly taken. “I am encouraged that some in the federal government recognize the importance of following a fair and established process for reviewing resource projects in Alaska,” Shively said. The decision may not affect the final outcome for Pebble because in a separate action the U.S. Environmental Protection Agency issued a decision that it would exercise its authority under section 404c of the federal Clean Water Act to preempt a large scale mine in the Bristol Bay watershed, a large region of southwest Alaska. That decision, however, could still be challenged in federal court by Pebble Partnership, but the state of Alaska has opted not to do so at this point. The EPA’s preemption effectively blocks the state from developing natural resources on stateowned lands in the region including the proposed Pebble project, so there are state interests affected. “Our review and evaluation of legal options, including litigation, are ongoing,” Alaska Department of Law spokesperson Patty Sullivan said. “No final decision has been made regarding the details of suit, but the state does intend to litigate this EPA decision. Key parts of the corps’ decision on the Section 404 permits denial now being reviewed include Pebble’s proposed wetlands impact mitigation plan and its plans to prevent a large spill of mine tailings that could impair fish-bearing streams in the area. The review will also include the initial decision giving inadequate weight to economic benefits the project will bring to small communities in the area, which now suffer high unemployment and living costs. Although the Pebble discovery was made on state lands designated for mineral exploration, communities downstream in the Bristol Bay region object to the mine over its potential damage, should a tailing spill occur, to salmon spawning streams that support major commercial fisheries. A Pebble mine would be one of the world’s largest copper and gold mines, with copper being important as a strategic metal to be used as the world transitions to alternative energy. The deposit itself was discovered in the 1980s by Cominco, Ltd, which believed its remote location, the apparent low grade of its ore body and the energy requirement for processing near the mine made it uneconomic. The state mining leases were later sold to Northern Dynasty Minerals Ltd., a Vancouver, B.C.-based mining “junior” that specializes in exploration and project development. Northern Dynasty explored and found more ore, most significantly a deeper ore body near the known surface accumulation that had higher grades. That opened the potential for the mine to be viable. — Tim Bradner Serving all of Alaska since 1958 TEMSCO Helicopters, Inc PO Box 5057 Ketchikan, Alaska 99901 Phone 907-225-5141 • fax 907-225-2340 • www.TemscoAir.com HELICOPTERS, INC. TIMBER EXPLORATION MINING SURVEY CARGO OPERATIONS TEMSCO
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