All about permitting U.S. Corps of Engineers Regulatory Field Guide
Alaska Department of Natural Resources Pebble Project page
This field guide provides descriptions of wetlands, permits (Section 10, Section 404) and mitigation procedures.
Find easy links to reference sites and guides like this NEPA publication at: www.pebblewatch.com/resources
Cooperative Extension NEPA Project Permits Page
Large Mine Permitting in Alaska
The Cooperative Extension at the University of Fairbanks offers this resource to describe the National Environmental Policy Act (NEPA) and how Alaska residents can participate in shaping proposals near their communities.
The Alaska Department of Natural Resources Large Mine Permitting webpage details the process for permitting projects like Pebble. Find fact sheets, presentations and links to several large projects coordinated by the team.
Citizen’s Guide to the NEPA
Section 404 of the Clean Water Act
The Bureau of Land Management has a detailed guide to the NEPA process at its website, along with a handbook that addresses public participation in the NEPA process (see Chapters 6, 8, 9 and 12).
“The permitting process for Pebble will be a big challenge. I don’t think there’s any doubt that it will be the largest, thickest environmental impact statement ever done in Alaska, maybe the nation, maybe the world.” – Ed Fogels, Alaska DNR deputy commissioner, Frontline documentary “Alaska Gold”
99501
Permitting Guide
RESOURCES
PERMITS ent periods MINOR ng public comm
is either study-level) design (prefeasibility filed. process. PFS-level n needs to be late in the permitting a particular permit applicatio not requiri ns will be filed be available before permit applicatio information will Most of these or the additional minor permits,
adequate
for all
PERMIT TO OPEN
BURN
Burn Permit
ADNR
ADEC
Burn Permit
AVIATION
Notice of Proposed
Construction
or Alteration
NS
COMMUNICATIO
FCC
Explosives License to Transport s (BATF) for Use of Explosive Permit and License for Blasting d Firing Area Notice of Controlle
HAZARDOUS
& WASTES MATERIALS
r (Resource s Waste Generato Obtain Hazardou Recovery Act [RCRA]) and Conservation Number Identification Registration Number Hazardous Materials Hazardous Materials Approval to Transport
BATF
BATF FAA
EPA
USDOT ADPS
N
ORTATIO HIGHWAY TRANSP Utility Permit
on ROW
Driveway Permit
Hazardous Cargo g Fuel Offloadin Certification Person in Charge
MINE SAFETY
FAA
Radio License
EXPLOSIVES
MARINE SAFETY
g Plan and Retrainin Miner Training tion Number Mine Identifica Legal Identity Notification of
PUBLIC HEALTH
USCG
Approval
MSHA
& SAFETY
a Public Water t and Operate Approval to Construc review required) (plan Supply System Permit Food Sanitation Safety Plan Check Life and Fire Certificate of Plan Review State Fire MarshallBldg Approval for Each Fired and Unfired for n Inspectio Certificate of Pressure Vessel
EMPLOYER
tion Employer Identifica
ion
Number Registrat
SECURITY
Operations Plan on Port Security Coordinator Certificati Port Facility Security
ADOT / PF
5
About the proposed Pebble mine – Permitting
ADEC
ADEC
ADPS
ADPS
ADOL
ADOL
DHS
d content related
to the developm
ent of Pebble
ide
mine • www.p
ebblewatch.com
GORIES
PERMIT CATE
that details on permits See inside for for the Pebble will likely be required blewatch.com project. Visit www.peb to
the links of this guide with an overview of for a version guide to provide n. has created this required for the additional informatio Pebble Watch es that may be nt ations, and process for a public comme permits, authoriz those that allow Major permits and to identify Overall project Pebble project, period. phase. Once Project design mitting pre-per Dam Safety project is in a of Pebble mine Reclamation the long process Currently, the ers can begin mAjor take permits minimum time frames may be extended. ! complete, develop s. This could Water a mine plan is and federal agencie Water Discharge from local, state Agency WhAt permit covers gaining permits Storm Water
blewatch Just visit www.peb resources easily: Get to these
U.S. Corps of tory Engineers Regula Field guide
permitting guide. version of this .com for a web
Section 404 Water Act
of the Clean
n focuses on This EPA publicatio Act, the Clean Water Section 404 of ns of agenices including descriptio wetlands information on involved and
provides This field guide wetlands, descriptions of 10, permits (Section and mitigation Section 404) procedures.
identification.
The Pebble Watch Permitting Guide shows the types of permits potentially required for development of the Pebble project and identifies which permits will have public input periods. It also lists agencies that will likely be involved in permitting. Download a copy at www.pebblewatch.com using the “Permitting Timeline” link at the top of the page. AGENCY
nal, and fact-base
Permitting gu
111 W. 16th Ave. Ste. 400 AK Anchorage,
Pebble Watch resource
AIR QUALITY
This EPA publication focuses on Section 404 of the Clean Water Act, including descriptions of agencies involved and information on wetlands identification.
ATCH PEBBLE W
Impartial, educatio
ATCH PEBBLE W
AGENCY
This page describes the Pebble project and links to permit applications, field reports and more.
Cooperative Extension NEPA Page s Project Permit
tive Extension The Coopera y of at the Universit this Fairbanks offers the resource to describe ental National Environm and how Policy Act (NEPA) s near shaping proposal in te can participa actions, Alaskan residents the process, NEPA ities. Read about their commun ideas. and participation
Citizen’s Guide
ing
Large Mine Permitt in Alaska
ent of The Alaska Departm s maintains Natural Resource Permitting” a “Large Mine details web page, which process for the permitting presentations Find fact sheets, Pebble. as the Large projects such coordinated by large projects and links to several g Team. Mine Permittin
ent of Alaska Departm ces Pebble Natural Resour Project page s the Pebble This page describe to permit project and links field reports and applications, more.
to the NEPA
ent has Land Managem The Bureau of to the NEPA process a detailed guide as well as a 184-page at its web site, on download. Informati handbook for the participation in relating to public in is contained mainly NEPA process 9, and 12. Chapters 6, 8,
6
up to three years.
und injection Detailed Construction and Operation DeAll Undergro scription Water use
= critical comment period
AGENCIES
Water Discharge
Oil Spill tion Discharges to surface waters and wetlands ental Conserva Section 402 National Pollutant Discharge EPA or ADECProtectio n ent of Environm Elimination System Water Discharge Fish and Wildlife Alaska Departm Resources Permit ADEC ent of Natural ent Alaska Departm Certificate of Assurance (Section 401) ADEC Discharges to surface waters and wetlands (linked Local Governm ADNR ent of Labor to USACE Section 404 Permit Application Process) Alaska Departm & Public Facilities ADOL Minor permits Transportation Non-Domestic Wastewater Disposal Sec- quality ADEC Detailed treatment process plans Department of Air Safety ADOT/PF Alaska tion of Waste Management Permit ent of Public Aviation Alaska Departm Plan Review for Non-Domestic EPA orications ADEC Detailed design and construction plans , and Firearms ADPS Tobacco Commun Wastewater Treatment System* (not a Bureau of Alcohol, Engineers Explosives BATF and wastes permit; plan review only) Army Corps of United States Hazardous materialstion COE Plan Review and Construction Approval ADEC transporta Homeland Security Highway Department of for Domestic Sewage System* (not a DHS Marine safety Protection Agency permit; plan review only) Environmental Mine safety EPA Administration and safety Federal Aviation Public health ion Storm water FAA ication Commiss ions Federal Commun Storm Water Construction and Operation Registrat APDES Run-off from disturbed ground surface FCC Security ce Permit Joint Pipeline Offi JPO Borough a Lake and Peninsul ration Storm Water Pollution Prevention Plan State of Run-off from disturbed ground surface L&PB Health Administ Alaska Mine Safety and MSHA Fisheries Service Underground Injection National Marine NMFS ervation Office State Historic Pres Underground Injection Control Well Division of Underground injection of water or drilling muds SHPO Species Endangered Water (DEC) Threatened & T&ES Coast Guard Water Use United States Transportation USCG 12/2012 Department of Temporary Water Use Permit ADNR Construction and early operation; good up to five United States Service USDOT Wildlife years and Fish United States USFWS Permit to Appropriate Water ADNR Post 5-year operation Air
• Prevention of Significant Deterioration
continued
minimum time frames may be extended.
!
= critical comment period
WhAt permit covers
Dredge or fill discharge into wetlands/waters of the U.S.
ADEC
Discharges to surface waters and wetlands (linked None to USACE Section 404 Permit Application Process)
Fish & Wildl
Wetland Fills Section 404 Permit for Discharge of Dredge or Fill Materials into Waters of the U.S., including wetlands None None None
!
Fish Habitat P 30 - 60 days
Migratory Bird
Threatened & (ESA) Consult
Solid Waste Disposal (landfills, waste rock and tailings) Solid Waste Disposal Section of Waste Management Permit
ADEC
Disposal of solid waste, (e.g., tailings, waste rock)
30-day minimum
COE
Structures over navigable waters
30-day minimum
Bridge or causeway over navigable waters
30 Days
Non-mobile air emissions (stacks, dust, non-road engines, e.g., light plants, pumps)
• Minor permit
• Title V Operating Permit
2
locAl gove Development
Construction in or Over Navigable Waters
!
30-day minimum
None 30-day minimum
Section 10 Permit for Construction of any Structure in or over any Navigable Waters of the U.S. (Part of 404 application)
Construction Permit for a Bridge or Cause- USCG way Across Navigable Waters of the U.S. Material Sale Material Sale on State Land (MLW)
AK DNR
Sale of State gravel
None None
lAnd use State Land
7 days posted on website and notice to T&ES Agency None
30-day minimum
Upland Mining Lease
!
30-day minimum
30-day minimum
ADNR
Mining on land
!
for all in this section
30-day minimum
30 days
Large Project
About nepA Under the Nat environmental the environme decision to ap one agency w supervise prep the Pebble pro Army Corps o
Millsite Permit
ADNR
“Surface authorization” for mill facility
30-day minimum
the public r
Tidelands Lease
ADNR
Tidelands structures for use of state-owned tidelands. Less than 3 miles to ordinary high water.
30-day minimum
“The public ha
Lease of Other State Lands
ADNR
Specific as needed
30-day minimum
Miscellaneous Land Use Permit
ADNR
Misc. uses (e.g., borrow sites)
30-day minimum
Road Right of Way (ROW)
ADNR or landowner
Road right-of-way
ADNR - JPO
Pipeline right-of-way
(These permit applications are not required by Alaska law to have a comment period.)
Section 106 Historical and Cultural Resources Protection
SHPO/COE
Cultural resources protection
30 days
Cultural Resources Authorizations
SHPO
Cultural resources protection
30 days
Spill Prevention, Control, and Countermeasure (SPCC) Plan
ADEC
Spill prevention
None
Oil Discharge Prevention and Contingency Plan (ODPCP or “C” Plan)
ADEC
Spill prevention and response
45 days
Facility Response Plan (FRP)
EPA
Spill response
Facility Response Plan (FRP)
USCG
Power Line ROW None
!
(ADNR MLW tends to bundle permit comment periods into one big process.)
Pipeline ROW
Power line right-of-way
particularly du issues should
Impact Statem
in an agency’s participate in
related hearin
comments dire
culturAl resources protection
oil spill ADEC
Fish Passage
Bald Eagle Pr
Section 404 Permit Review Certificate of Assurance (Section 401)
mAjor
public comment period
Agency
EPA/COE
Fill/mAteriAl use & plAcement
Air Quality Air Quality Control Permit to Construct (one of the following):
mAjor permits
public comment period
How the project is to be constructed and operated
until Approval Plan of Operations ADNR All aspects of the project on State land be created project cannot Air Using this guide ly. It is for the Pebble Air quality general guide on of required permits project design An actual list nt ould be used as a are grouped Use and Placeme ned, so this list sh or design. Permits Fill/Material the project is defi Damamount Safety of project plans Wetland fills of future Pebble based on the not indicative Certificate of Approval to Construct a Dam waste Detailed design plans as major or minor “minor” Solid ADNRdisposal navigable are designated The “major” or tion in or overDetailed operational plan Certificate Approval to Operate a Dam ADNR by function, and to acquire each. Construc needed be of and time needed ce, as each may waters information, effort Reclamation a permit’s importan an associated have reference sale not Material Most major permits Reclamation Plan Approval designation does ADNR Closure design and preparation (e.g., stockpile project may proceed. locations) Land Use before a complete period. t and commen State land public review WAter es Protection Cultural Resourc
None None
3
17
must take into
the public and
the comment p