Did you know that mine development in Alaska is subject to dozens of different types of permits, certifications, and reviews by multiple federal, state, and local government agencies?

Alaska has one of the most robust regulatory systems in the world - and for good reason. More than any other state, Alaska depends on the responsible development of its natural resources for its economic well-being and Alaskans care deeply about the environment.

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‍Monitoring Is The Proof
‍Permitting Is Transparent
‍Permitting is Comprehensive
‍Requirements under NEPA

Alaska Excels At Responsible Development

Alaska’s permitting system ensures responsible practices, works to avoid, minimize, or mitigate environmental impacts, and requires public notice with multiple opportunities for stakeholder interaction. The system applies to Alaska’s major industries including oil and gas, mining, fisheries, forestry, and tourism.

A range of iconic and important natural resource projects critical to Alaska’s economic growth have been permitted over the last 50 years. These include the Trans-Alaska Pipeline System, North Slope oil production from Alpine in the National Petroleum Reserve-Alaska to Point Thompson, and all of Alaska’s large metal mines: Red Dog, Greens Creek, Fort Knox, Pogo, Kensington, and Manh Choh.

Permitting Is The Promise, But Monitoring Is The Proof

Many industries have a rigorous permitting process, but the state’s regulation of mining goes one step further. Alaska’s three-part monitoring process ensures that companies are following the permits and regulations – but it also ensures that the permits and regulations protect the environment. Alaska’s monitoring program is one of, or perhaps is, the best in the world.

• Part 1 – Compliance monitoring: is the company complying with permits and regulations? State and federal agencies inspect large hard-rock mining operations many times during the year to ensure that they are complying with requirements.
• ‍Part 2 – Ecological monitoring: are the permits and regulations protecting the environment? A key issue for mining is whether the downstream water quality and fish are protected. So, downstream of the mine, the state requires the mining company to pay an organization, which is usually the Alaska Department of Fish and Game, to determine the health of the downstream ecosystem. They look at water quality, whether the benthic environment (the bugs the fish depend on for food) is changing, whether fish populations are healthy, and whether juvenile fish (the most sensitive) are absorbing metals. The purpose of this downstream ecological monitoring is to assure the state that the permits and rules actually protect the environment. If the fish and water quality downstream of the mine are as healthy during mining as they were before mining, then the permits are working.‍
• Part 3 – A third-party audit of the system: this is a double check that the company is following all the rules. It is undertaken by a qualified expert who is not associated with the state or the mining company.

This three-part monitoring system is unusual for mining regulations worldwide. It has shown over decades, that Alaska’s mining system works: water and fish remain healthy downstream. Permitting is a promise to Alaska that the mine will protect the environment, but monitoring is proof that the promise is kept.

Permitting Is A Transparent, Technical Process Involving Many Agencies

Permitting a project happens at the federal, state, and local levels. It assesses if a project can be built in an environmentally responsible manner that meets stringent regulatory requirements. Because each project is unique, specific permits and approvals can vary but are equally intensive and involve many agencies. Here is a selection of the state and federal agencies that are usually involved in permitting a large metal mine (local requirements vary).

State:

• Department of Natural Resources 
• Department of Environmental Conservation 
• Department of Fish and Game  
• Department of Transportation & Public Facilities  
• Department of Commerce, Community and Economic Development  
• Department of Law  

Federal:

• US Environmental Protection Agency  
• US Army Corps of Engineers  
• US Fish and Wildlife Service  
• National Marine Fisheries Service  
• Bureau of Land Management  
• U. S. Forest Service  
• National Park Service

The process begins when an applicant submits a proposed plan. In the case of mining projects, when an application is submitted, the proposed plan must include a reclamation plan along with a range of environmental baseline studies. 

​​The permitting process doesn’t guarantee that a project will move forward.

Required Financial Assurances - In Alaska, operators of large metal mines are required to reclaim and close their mines. They cannot even begin construction of the mine until the state has approved their plans, and they have put up money – called financial assurance – that the state could use if the company fails to complete the job. The money is insurance for Alaska and its citizens that, if something happens to the company, the mine will be closed and the land reclaimed without the use of taxpayer dollars. Mining is the only industry in Alaska that has these requirements.

Permitting A Mine is Comprehensive

Obtaining the dozens of different types of permits, certifications and reviews required for Alaska mine development involves input from federal, state, and local cooperating agencies, as well as associated Alaska Native Corporations and Tribal entities. Each agency has different levels of jurisdiction and special expertise related to potential environmental effects - including meeting Alaska’s stringent standards for protecting aquatic life. For example:

State Permits: 

• Plan of Operations Approval (DNR)  
• Reclamation and Bonding (DNR)  
• Waste Management Permits and Bonding (ADEC)  
• Water Discharge Permit (APDES)  
• Certification of ACOE Permits (ADEC)  
• Sewage Treatment System Approval (ADEC)  
• Air Quality Permits (ADEC)  
• Fish Habitat and Fishway Permits (ADFG)  
• Water Rights (DNR)  
• Right of Way/Access (DNR/DOT)  
• Tidelands Leases (DNR)  
• Dam Safety Certification (DNR)  
• Cultural Resource Protection (DNR)  
• Monitoring Plan (Surface/Groundwater/Wildlife) (DNR/DEC)

Federal Reviews and Permits:

• US EPA Air Quality Permit review  
• US EPA Safe Drinking Water Act
• US ACOE Section 404 Dredge and Fill Permit  
• US ACOE Section 10 Rivers and Harbors Act  
• US ACOE Section 106 Historical and Cultural Resources Protection  
• NMFS Threatened and Endangered Species Act Consultation  
• NMFS Marine Mammal Protection Act  
• NMFS Essential Fish Habitat  
• NMFS Fish and Wildlife Coordination Act  
• USFWS Threatened and Endangered Species Act Consultation  
• USFWS Bald Eagle Protection Act Clearance  
• USFWS Migratory Bird Protection  
• USFWS Fish and Wildlife Coordination Act

Requirements under the National Environmental Policy Act

Major federal actions trigger the National Environmental Policy Act, which allows agencies to evaluate the environmental and related social and economic effects of proposed actions. NEPA requires an Environmental Assessment and could require an Environmental Impact Statement. The timeline for NEPA is usually the longest part of the mine permitting process and provides extensive opportunities for public review and comment.

The Federal Environmental Impact Statement. is prepared so that decision makers have a complete picture of the benefits and potential environmental impacts before approving a project. It is an expert, objective review and scientific evaluation assessing environmental safety. 

An EIS documents a proposed project, alternatives, baseline information, and environmental, economic, and social impacts. It informs federal agencies prior to commencing their permitting processes.

The federal EIS includes:

• A lead federal agency
• Multiple public comment periods
• Extensive input from federal, state, local, and tribal cooperating agencies

The comprehensive scope of an EIS associated with a mining project includes an extensive list of studies and documented environmental research that address regulatory criteria such as:

• Hydrology
• Air & Water Quality
• Noise
• Wetlands
• Fish & Aquatic Habitat
• Wildlife
• Threatened & Endangered Species
• Socioeconomics
• Land Use
• Subsistence
• Cultural Resources
• Recreation, Safety, & Feasibility
• Cumulative Impacts

A federal agency’s permitting decision is based on the information presented in the EIS. Their decision is formalized when they publish their Record of Decision in the federal register. The ROD is not a permit. Permit issuance follows the ROD and may incorporate certain language from the ROD as permit stipulations.

State Permitting

State departments can participate as cooperating agencies in the federal EIS process to ensure that Alaska concerns for responsible development are heard. The state permitting process which includes additional regulatory oversight is separate but can overlap with the federal process.

Modern Mining

Alaska’s operating mines have been built under modern mining laws and standards that hold the mines accountable to strict federal and state environmental regulations 

Today’s mining projects use advanced technologies, invest in innovation, have significantly smaller footprints, and are committed to safe, sustainable resource development. 

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Resources:

https://dnr.alaska.gov

https://dnr.alaska.gov/mlw/mining/large-mines/pdf/lmptprocess201608_dnrwebsite.pdf

https://www.epa.gov/nepa

https://www.epa.gov/nepa/what-national-environmental-policy-act

Banner image courtesy of Coeur Mining Inc, Kensington Mine