Northern Dynasty Minerals Ltd reported that its 100% owned US based subsidiary Pebble Limited Partnership has formally submitted a request for appeal to the US Army Corps of Engineers with respect to its recent issuance of a negative Record of Decision for Alaska's Pebble Project. The Pebble Partnership submitted its RFA to the USACE's Pacific Ocean Division Engineer in Hawai, in advance of the 60-day deadline following the permitting decision. The USACE has 30 days from receipt to notify the Pebble Partnership as to whether its RFA is complete. USACE guidelines indicate the administrative appeal process should conclude within 90 days, although it may be extended under certain circumstances.
Northern Dynasty believes that key aspects of the USACE's ROD and permitting decision, including its 'significant degradation' finding, its 'public interest review' findings and its perfunctory rejection of Pebble's CMP, are contrary to law, unprecedented in Alaska and fundamentally unsupported by the administrative record, including the Pebble Project EIS.
The USACE published a final Environmental Impact Statement for the proposed copper-gold-molybdenum-silver-rhenium mine in July 2020, finding that Pebble would not have measurable effects on fish populations or fisheries in southwest Alaska. Despite this, the lead federal regulator published a ROD on November 25, 2020 denying Pebble a key permit under the Clean Water Act on the grounds that its compensatory mitigation plan is non-compliant and the project is not in the public interest.
Additional details about the Pebble Partnership's RFA submission will be released in the days and weeks ahead.