Bristol Bay 404(c) Timeline
Below is a timeline of EPA's Clean Water Act 404(c) review regarding potential impacts of large-scale mining development in the Bristol Bay watershed.
Learn more about the 404(c) process: Clean Water Act 404(c) Fact Sheet (pdf)
January 2023
EPA announces Final Determination for Pebble Deposit Area
EPA issues Final Determination under its Clean Water Act section 404(c) authority to limit the disposal of dredged and fill material associated with developing the Pebble deposit in certain waters that are important to sustaining the region’s salmon resources.
December 2022
Notification of 15-day consultation opportunity on Recommended Determination
EPA notifies Alaska District Corps of Engineers, the permit applicant, and others of 15-day consultation opportunity as required under the Clean Water Act section 404(c).
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EPA Headquarters Clean Water Act Section 404(c) Notification Letter (pdf)
- State of Alaska 404(c) Notification Response Letter (pdf)
- State of Alaska 404(c) Notification Response Letter Supplement (pdf)
- U.S. Army Corps of Engineers 404(c) Notification Response Letter (pdf)
- Pebble Limited Partnership 404(c) Notification Response Letter (pdf)
- Chuchuna Minerals Company 404(c) Notification Response Letter (pdf)
December 2022
EPA announces Recommended Determination for Pebble Deposit Area
EPA issues Recommended Determination to prohibit and restrict the use of certain waters in the Bristol Bay watershed as disposal sites for certain discharges of dredged or fill material associated with developing the Pebble deposit.
- Executive Summary: Recommended Determination, Pebble Deposit Area, Southwest Alaska (pdf)
- Recommended Determination, Pebble Deposit Area, Southwest Alaska (pdf)
- Public docket EPA-R10-OW-2022-0418 (Regulations.gov)
June 2022
Proposed Determination comment period extended
EPA publishes notice in Federal Register extending the deadline for public comment on the 2022 Proposed Determination. This notice extended the public comment period through September 6, 2022, to provide sufficient time for all parties to meaningfully comment on the Proposed Determination and supporting documents.
May 2022
EPA announces revised Proposed Determination
EPA issues revised Proposed Determination to prohibit and restrict the use of certain waters in the Bristol Bay watershed as disposal sites for the discharge of dredged or fill material associated with mining the Pebble deposit.
January 2022
EPA announces intent to issue revised Proposed Determination
EPA notifies Alaska District Corps of Engineers, the permit applicant, and others of its intent to issue a revised Clean Water Act section 404(c) Proposed Determination regarding the Pebble deposit area by May 31, 2022.
- EPA's Clean Water Act Section 404(c) Notification Letter (pdf)
- 404(c) Notification Letter - Time Extension (pdf)
November 2021
EPA announces next steps in 404(c) process
EPA announces a timeframe for the agency to consider new information available to determine next steps in the section 404(c) process.
October 2021
Alaska district court ruling to remand and vacate EPA's withdrawal of its 2014 Proposed Determination
On October 29, 2021, the Alaska District court ruled in favor of EPA’s request to remand and vacate the agency’s August 30, 2019, withdrawal of its 2014 Bristol Bay Proposed Determination issued under Clean Water section 404(c).
This ruling reinstated the 2014 Bristol Bay Proposed Determination, reinitiated the Clean Water Act section 404(c) process, and triggered regulatory deadlines.
Clean Water Act 404(c) regulations require EPA to either withdraw the 2014 Proposed Determination or prepare a Recommended Determination "within 30 days after the conclusion of the public hearing."
EPA’s announcement in the Federal Register extended this timeline until May 31, 2022, to allow EPA to consider information available since the agency issued the 2014 Proposed Determination.
September 2021
EPA reinstates process of making a Clean Water Act section 404(c) determination
In a filing in district court, the U.S. Department of Justice announced EPA’s intent to request that the 2019 withdrawal notice be remanded and vacated, reinstating EPA’s 404(c) review process.
February 2019
U.S. Army Corps of Engineers reviews Pebble Mine permit application
The U.S. Army Corps of Engineers issues Draft Environmental Impact Statement under the National Environmental Policy Act and a draft Clean Water Act section 404 permit public notice for the Pebble Mine project. On August 24, 2020, the Corps issued a determination that the Pebble Mine project, as proposed, could not be permitted under section 404 of the Clean Water Act.
July 2019
EPA withdraws 2014 Proposed Determination
EPA announces withdrawal of its 2014 Proposed Determination issued under section 404(c) of the Clean Water Act.
- Notice of decision to withdraw Proposed Determination (Federal Register, August 30, 2019)
- EPA's news release (July 30, 2019)
June 2019
EPA resumes consideration of withdrawal of 2014 Proposed Determination
EPA issues memorandum directing EPA Region 10 to resume consideration of the withdrawal of the July 2014 Proposed Determination.
January 2018
EPA suspends withdrawal of 2014 Proposed Determination
May 2017
EPA announces settlement agreement with Pebble Limited Partnership
EPA enters into settlement agreement with Pebble Limited Partnership to resolve litigation from 2014.
July 2014
EPA issues Proposed Determination
EPA initiates process to protect Bristol Bay from risks posed by a mine at the Pebble deposit.
- Executive Summary: 2014 Proposed 404c Determination, Pebble Deposit (pdf)
- 2014 Proposed 404c Determination (Full Document), Pebble Deposit (pdf)
January 2014
EPA releases Bristol Bay Assessment
EPA issues final assessment of the potential impacts of large-scale mining development on Bristol Bay fisheries and wildlife, and on Alaska Native cultures of the region.
