Army

Pebble Mine Update: What the Army Corps Did and Didn’t Do

September 3, 2020 By Tom Sadler

If you are following the saga of the proposed Pebble Mine in Bristol Bay, Alaska, you would be forgiven if you thought recent action by the U.S. Army Corps of Engineers (USACE) was the death knell for the proposed mine.

On August 24, the USACE released a letter to the Pebble Limited Partnership. The U.S. Army’s press office proclaimed, “Therefore, the Corps finds that the project, as currently proposed, cannot be permitted under section 404 of the Clean Water Act.”

In reality, the USACE essentially kicked the can down the road. The letter to the Pebble Limited Partnership informed them, “As part of the [Record of Decision] the [Alaska District of the USACE] made Clean Water Act Section 404(b) (1) factual determinations that discharges at the mine site would cause unavoidable adverse impacts to aquatic resources and, preliminarily, that those adverse impacts would result in significant degradation to those aquatic resources.” The Alaska District of the USACE determined that Pebble Limited Partnership would need mitigation measures within the Koktuli River Watershed, where the mine potentially will be located, for all direct and indirect impacts on aquatic resources caused by the mine’s discharges.

The letter went on to outline the ways those damages could be mitigated:

There are three approved mechanisms for providing compensatory mitigation, which include mitigation banks, in-lieu fee programs, and permittee-responsible mitigation with preference, in that order. Your mitigation plan may include a combination of means and mechanisms but must comply with all required components of Rule and be found sufficient to offset the unavoidable adverse impacts to the aquatic resources identified above.

Some reactions critics of the project from both sides of Capitol Hill were less than laudatory of the action. Senator Joe Manchin (D-WV) stated :

A mitigation plan to make up for unavoidable damage from the Pebble Mine is not enough. The Final Environmental Impact Statement for Pebble Mine did not assure me the pristine Bristol Bay region of Alaska, which is home to the world’s most productive salmon fishery, supports 14,000 jobs and generates $1.5 billion of revenue annually, would be sufficiently protected. I again urge the Administration to completely veto a Clean Water Act permit for this project.

Rep. Jared Huffman (D-CA) said :

Delaying the permit for the Pebble Mine is welcome news, but let’s be clear: the only reason this environmental atrocity came this close to happening is because the Trump administration is a favor factory for polluting industries. The previously rejected permit was revived and fast-tracked by this administration, and the only reason they finally hit the pause button is because – thankfully – some individuals close to President Trump made a personal appeal. We can welcome the outcome, but let’s not confuse any of this with environmental stewardship or good government.

This letter did not come as a surprise to the Pebble Limited Partnership. The company responded:

The letter we received today is a normal letter in the permitting process and we are well into an effort to present a mitigation plan to the USACE that complies with the requirements of their letter. A clear reading of the letter shows it is entirely unrelated to recent tweets about Pebble and one-sided news shows. The White House had nothing to do with the letter nor is it the show-stopper described by several in the news media over the weekend.

Now that dust has settled, let’s take a look at the facts included in the Corps’s letter, which should send chills down the spine of anyone who still thinks it is a good idea to permit this mine.

The letter tells us what is at stake:

Therefore, the District has determined that in-kind compensatory mitigation within the Koktuli River Watershed will be required to compensate for all direct and indirect impacts caused by discharges into aquatic resources at the mine site. Direct and indirect impacts at the mine site total 2,825 acres of wetlands, 132.5 acres of open waters, and 129.5 miles of streams.
The District has also determined that compensatory mitigation is required for unavoidable adverse impacts to aquatic resources from discharges associated with the transportation corridor and the port site. Direct and indirect impacts associated with the transportation corridor and port site total 460 acres of wetlands, 231.7 acres of open waters, and 55.5 miles of streams.

Let me help you with the math. Here are the totals for what’s at risk:

3,285 acres of wetlands
364 acres of open waters
185 miles of streams

So somewhere, somehow, the Pebble Limited Partnership is going to mitigate all that damage. As they said, “We will share more details of our initial plan as they become more defined.”

They have until November 20 to do that, although they seem to think it may happen sooner. “Based on our understanding of the substance of the letter, our discussions with the state, our substantial work in the field and our discussions with the USACE we believe our final Comprehensive Management Plan submission will be submitted within weeks and will satisfy all of the requirements of the letter.”

We shall see.

Here’s the rub. Bristol Bay is unique. How will that uniqueness be mitigated? How do you mitigate the loss of the world’s best salmon run?

On August 31, a letter from Representatives Huffman and Peter DeFazio (D-OR) and signed by 31 of their colleagues to EPA administrator Andrew Wheeler, made the point, “There is no level of compensatory mitigation that would be sufficient to address the mine’s irreversible harm to the pristine environment that exists in Bristol Bay.”

The letter went on to ask “that the EPA exercise its authority under the Clean Water Act and oppose the flawed Environmental Impact Statement.”

Let’s hope the administration comes to realize that, as the late Senator Ted Stevens of Alaska said, “This is the wrong mine in the wrong place,” and vetoes the Clean Water Act permit. If the USACE and Environmental Protection Agency don’t see the light, hopeful Congress will make them feel the heat.

UPDATE (Oct 30, 2020): Tim Sohn writing in Outside Online, gives a terrific, recap, analysis and update on the state of play in Bristol Bay.
https://www.outsideonline.com/2418304/pebble-mine-tapes-election-explainer.

Your comments questions and other witty repartee are welcome around the Campfire.

Note: This article (pre update) originally appeared on the Marine Fish Conservation Network’s From the Waterfront blog.

At the White House Conference on Conservation

March 7, 2012 By Tom Sadler

I put my AFFTA hat on last Friday to participate in the White House Conference on Conservation. The conference was excellent and while I often grouse about having to “go to DC” this was time well spent.

The theme for the conference was “Growing America’s Outdoor Heritage and Economy.” A theme that is near and dear to our heart here at Dispatches. The drum beat of “habitat equals opportunity equals economic activity” is getting louder and I couldn’t be happier. It is to the great credit that the Administration, especially the Department of Interior, is championing the economic value of the conservation and outdoor recreation.

America’s Great Outdoors

The conference was part of the on-going America’s Great Outdoors initiative. The “on-going” is important to note. Since the Obama Administration rolled AGO out under the capable guidance of Interior Secretary Ken Salazar and his team, they have kept stakeholders and the public informed and engaged. This conference was the latest example.

The purpose of the conference was to “engage directly with conservation leaders from all 50 states to strengthen partnerships and identify next steps in advancing community-driven conservation and outdoor recreation initiatives that are building strong local economies and healthy lands, waters and wildlife across America.

Joining Salazar at the conference were Nancy Sutley, Chair of the White House Council on Environmental Quality, Agriculture Secretary Tom Vilsack, Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy and EPA Administrator Lisa Jackson. Each participated in panel discussions to help frame the discussions in breakout sessions later in the day.

The three panels during the conference were (the links take you to videos of the panels):

Each panel was moderated by an administration official with remarks from folks who have experience or involvement in the subject areas. Of special note was Dave Perkins Vice-Chairman of the Orvis Company. Perkins was part of the Restoring Rivers panel and did a great job in connecting the dots to the economic contributions of river recreation and restoration. Having a major player from the fly-fishing industry was important recognition of both the economic and conservation contributions the industry makes.

The capstone to the day came with remarks from President Obama. Having the President come to Interior underscores the importance the administration puts on conservation and the impact of the recreational economy.

Focusing on specifics

In order for folks to talk about specific interests there were 11 breakout sessions:

Tourism and Outdoor Recreation
Coastal Conservation
Access: Recreation / Hunting & Fishing
Large Landscape Conservation
Urban Open Space
Rivers Restoration and Recreation
Youth and Outdoor Education
The 21^st Century Service Conservation Corps, Youth Corps and Veterans Jobs
Historic and Cultural Preservation and Sacred Tribal Places
Public Lands Management and Conservation
National Park Second Century

These breakout sessions were used to learn from stakeholders what was working in the AGO initiative and more importantly what needed to be done.

I attended the Rivers Restoration and Recreation session moderated by Rock Salt from the Dept. of the Army (Civil Works) and Rebecca Wodder from Interior.

Wodder framed the discussion by asking, when it came to rivers, what works and what needs work.

National Water Trails

Earlier in the week, Salazar had signed a Secretarial Order establishing a National Water Trails system under the National Trails System Act.

“The order sets the framework for Secretarial designation of water trails that will help facilitate outdoor recreation on waterways in and around urban areas, and provide national recognition and resources to existing, local water trails.”

Many in the room pointed to the new National Water Trails as an important step forward and one that has great potential to provide stakeholders a way to promote water-based outdoor recreation, encourage community stewardship of local waterways, and promote tourism that fuels local economies across America.

From AFFTA’s perspective, this is a great opportunity. It really is very simple, rivers are our business, they are the principal venues for our customers and clients. There is an indisputable nexus between the health of a river and its viability as a recreational resource.

I used the case of the Colorado River and its tributaries as an example. It was one the Secretary was familiar: “It’s a mecca of economic development in outdoor recreation, and that needs to be recognized in how we manage the Colorado River System.” I encouraged them to remind Secretary Salazar and Asst Secretary Darcy to keep those economic impacts in mind when making decisions that affect water supply and quality.

I know that my AFFTA colleagues will welcome the chance to work on making the new National Water Trails system a recreational and economic success.

National Fish Habitat Partnership

Salazar also announced that is working with the Secretary Vilsack and Commerce Secretary John Bryson on a Memorandum of Agreement to ensure that Federal resources are effectively focused in support of the collaborative conservation efforts of the National Fish Habitat Partnership.

The National Fish Habitat Partnerships provide local, public-private conservation partnerships that are the foundation of the three part equation, “Habitat = Recreational Opportunity = Economic Activity, which so important to AFFTA. Healthy habitat and clean water create the venues for AFFTA member’s customers and clients.

The National Fish Habitat Action Plan and the National Fish Habitat Partnership are strongly supported by AFFTA and this announcement that an agreement is in the works is excellent news. This is an important step to having our federal partners work together to insure the success of the partnerships and the important work they do.

As a member of the steering committee of the Eastern Brook Trout Joint Venture, one of the 18 National Fish Habitat Partnerships, I know that a well coordinated effort with the various federal agencies can only help the EBTJV continue its successful efforts to ensure healthy, fishable brook trout populations throughout its historic range.

As someone who is often cynical about the value of these types of get togethers, this one was a winner. Sure there is more to be done but the America’s Great Outdoors initiative has been a lot more than rhetoric. The President has shown his support, traveling to the Department of Interior twice and hosting a gathering at the White House. There are AGO projects in 50 states.

Now with this engagement on rivers and fish habitat there is a new opportunity for anglers and the sport fishing industry. That can only be a good thing.

Eleventh Hour of the Eleventh Day of the Eleventh Month

November 11, 2011 By Tom Sadler

One of my college roommates, a retired Army Colonel, posted this on his facebook page this morning. Nothing I could write would come close.

Some veterans bear visible signs of their service: a missing limb, a jagged scar, a certain look in the eye. Others may carry the evidence inside them: a pin holding a bone together, a piece of shrapnel in the leg – or perhaps another sort of inner steel: the soul’s ally forged in the refinery of adversity. Except in parades, however, the men and women who have kept America safe wear no badge or emblem. You can’t tell a vet just by looking.

What is a vet?

He is the cop on the beat who spent six months in Saudi Arabia sweating two gallons a day making sure the armored personnel carriers didn’t run out of fuel. He is the barroom loudmouth, dumber than five wooden planks, whose overgrown frat-boy behavior is outweighed a hundred times in the cosmic scales by four hours of exquisite bravery near the 38th parallel. She, or he, is the nurse who fought against futility and went to sleep sobbing every night for two solid years in Da Nang. He is the POW who went away one person and came back another – or didn’t come back at all. He is the Quantico drill instructor who has never seen combat but has saved countless lives by turning slouchy, no account rednecks and gang members into Marines, and teaching them to watch each other’s backs. He is the parade riding Legionnaire who pins on his ribbons and medals with a prosthetic hand. He is the career quartermaster who watches the ribbons and medals pass him by. He is the three anonymous heroes in the Tomb of the Unknowns, whose presence at the Arlington National Cemetery must forever preserve the memory of all the anonymous heroes whose valor dies unrecognized with them on the battlefield or in the ocean’s sunless deep. He is the old guy bagging groceries at the supermarket, palsied now and agonizingly slow, who helped liberate a Nazi death camp and wishes all day long that his wife was still alive to hold him when the nightmares come.

He is an ordinary and yet an extraordinary human being, a person who offered some of his life’s most vital years in the service of his country, and who sacrificed his ambitions so others would not have to sacrifice theirs.

He is a Soldier and a savior and a sword against the darkness, and he is nothing more than the finest, greatest testimony on behalf of the finest, greatest nation ever known.

So remember, each time you see someone who has served our country, just lean over and say Thank You. That’s all most people need, and in most cases it will mean more than any medals they could have been awarded or were awarded. Two little words that mean a lot, “THANK YOU”.

Remember November 11th is Veterans Day. “It is the Soldier, not the reporter, who has given us freedom of the press. It is the Soldier, not the poet who has given us freedom of speech. It is the Soldier, not the campus organizer, who has given us the freedom to demonstrate. It is the Soldier, who salutes the flag, who serves beneath the flag, and whose coffin is draped by the flag, who allows the protestor to burn the flag.”

– Father Denis Obrien, USMC