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  2. Bristol Bay

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) (536.51 KB)


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.

  • EPA's Final Determination

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).

  • EPA Headquarters Clean Water Act Section 404(c) Notification Letter (pdf) (238.31 KB, December 2, 2022)
    • State of Alaska 404(c) Notification Response Letter (pdf) (231.69 KB, December 12, 2022)
    • State of Alaska 404(c) Notification Response Letter Supplement (pdf) (3.82 MB, December 19, 2022)
    • U.S. Army Corps of Engineers 404(c) Notification Response Letter (pdf) (353.93 KB, December 16, 2022)
    • Pebble Limited Partnership 404(c) Notification Response Letter (pdf) (188.94 KB, December 19, 2022)
    • Chuchuna Minerals Company 404(c) Notification Response Letter (pdf) (107.78 KB, December 19, 2022)

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) (12.92 MB, December 2022)
  • Recommended Determination, Pebble Deposit Area, Southwest Alaska (pdf) (51.9 MB, December 2022)
  • 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.

  • Comment period extension (Federal Register, June 30, 2022)

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.

  • EPA's news release (May 25, 2022)

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) (137.87 KB, January 27, 2022)
  • 404(c) Notification Letter - Time Extension (pdf) (106.21 KB, February 2, 2022)
    • Pebble Limited Partnership 404c Notification Response Letter (pdf) (1.98 MB, March 28, 2022)
    • Chuchuna Minerals Company 404c Notification Response Letter (pdf) (149.42 KB, March 28, 2022)
    • State of Alaska 404c Notification Response Letter (pdf) (815.44 KB, March 28, 2022)

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.

  • EPA's news release (Nov. 17, 2021)

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.

  • Extension to EPA's decision timeframe (Federal Register, November 11, 2021)

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.

  • EPA's news release (Sept. 9, 2021)

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.

  • EPA's comments and correspondence on Corps of Engineers draft section 404 permit​

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.

  • EPA Memo to Resume Consideration of the Withdrawal of the July 2014 Proposed Determination (pdf) (98.26 KB, June 2019)

January 2018

EPA suspends withdrawal of 2014 Proposed Determination

  • About EPA's 2018 decision not to withdraw proposed Clean Water Act restrictions on mining Pebble Deposit

May 2017

EPA announces settlement agreement with Pebble Limited Partnership

EPA enters into settlement agreement with Pebble Limited Partnership to resolve litigation from 2014.

  • 2017 Settlement Agreement
  • EPA's news release (May 12, 2017)

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) (2.08 MB, July 2014)
  • 2014 Proposed 404c Determination (Full Document), Pebble Deposit (pdf) (32.01 MB, July 2014)
  • Public involvement for 2014 Bristol Bay 404c process
  • EPA's letters initiating 404c review of mining at Pebble deposit

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.

  • Bristol Bay Assessment

Bristol Bay

  • Final Determination
  • Timeline
  • Bristol Bay Assessment
  • About Bristol Bay
Contact us about Bristol Bay
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Last updated on April 4, 2025
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