EPA Assessment concludes that large-scale mining in the Bristol Bay watershed poses risks to salmon and Alaska Native culturesBy MARY KAUFFMAN January 15, 2014
"Over three years, EPA compiled the best, most current science on the Bristol Bay watershed to understand how large-scale mining could impact salmon and water in this unique area of unparalleled natural resources," said Dennis McLerran, Regional Administrator for EPA Region 10. "Our report concludes that large-scale mining poses risks to salmon and the tribal communities that have depended on them for thousands of years. The assessment is a technical resource for governments, tribes and the public as we consider how to address the challenges of large-scale mining and ecological protection in the Bristol Bay watershed." “Unfortunately, today’s EPA report comes as no surprise to Alaskans,” Governor Sean Parnell said. “This report is little more than a pretext for an EPA veto of the state’s permitting process, something the federal Clean Water Act prohibits. As my record demonstrates, I will not trade one resource for another, and every permitting application—when filed—deserves scientific and public scrutiny based on facts, not hypotheticals.” U.S. Senator Mark Begich (D-AK) said in a prepared statement: “I have always said I will let science be my guide, and my decision whether to support the Pebble project will be based on this report,” said Begich. “The stakes are high for Alaska – I have heard from thousands of Alaskans on this issue - and that is why I will be thoroughly reviewing the final watershed assessment and continuing to rely on science for any final decision.” To assess potential mining impacts to salmon resources, the EPA considered realistic mine scenarios based on a preliminary plan that was published by Northern Dynasty Minerals Ltd. and submitted to the U.S. Securities and Exchange Commission. EPA also considered mining industry references and consulted mining experts. Numerous risks associated with large-scale mining are detailed in the assessment: Risks from Routine Operation Mine Footprint: Depending on the size of the mine, EPA estimates 24 to 94 miles of salmon-supporting streams and 1,300 to 5,350 acres of wetlands, ponds, and lakes would be destroyed. EPA estimates an additional 9 to 33 miles of salmon-supporting streams would experience altered streamflows likely to affect ecosystem structure and function. Waste and Wastewater Management: Extensive quantities of mine waste, leachates, and wastewater would have to be collected, stored, treated and managed during mining and long after mining concludes. Consistent with the recent record of similar mines operating in the United States, polluted water from the mine site could enter streams through uncollected leachate or runoff, in spite of modern mining practices. Under routine operations, EPA estimates adverse direct and indirect effects on fish in 13 to 51 miles of streams. Risks from Accidents and Failures Wastewater Treatment Plant: Short and long-term water collection and treatment failures are possible. Depending on the size of the mine, EPA estimates adverse direct and indirect effects on fish in 48 to 62 miles of streams under a wastewater treatment failure scenario. Transportation Corridor: A transportation corridor to Cook Inlet would cross wetlands and approximately 64 streams and rivers in the Kvichak River watershed, 55 of which are known or likely to support salmon. Culvert failures, runoff, and spills of chemicals would put salmon spawning areas in and near Iliamna Lake at risk. Pipeline: Consistent with the recent record of petroleum pipelines and of similar mines operating in North and South America, pipeline failures along the transportation corridor could release toxic copper concentrate or diesel fuel into salmon-supporting streams or wetlands. Tailings Dam: Failure of a tailings storage facility dam that released only a partial volume of the stored tailings would result in catastrophic effects on fishery resources. The assessment found that the Bristol Bay ecosystem generated $480 million in economic activity in 2009 and provided employment for over 14,000 full and part-time workers. The region supports all five species of Pacific salmon found in North America: sockeye, coho, Chinook, chum and pink. In addition, it is home to more than 20 other fish species, 190 bird species, and more than 40 terrestrial mammal species, including bears, moose and caribou. Executive director of the Bristol Bay Regional Seafood Development Association Bob Waldrop said, “The Bristol Bay fishermen are weary and exasperated by the economic cloud of uncertainty that Pebble brings to our world-class fishery,”Waldrop said, “We implore the Obama Administration and EPA to invoke a swift 404(c) determination so we can continue to fish for generations and maintain Bristol Bay’s sustainability, as fishermen have for over 125 years.” In 2012, an unprecedented coalition of over 16,000 fishermen - hailing from Massachusetts, California, Washington, Alaska and beyond - sent a letter to the Obama Administration stating that if science continues to demonstrate the harmful effects from large-scale mining in the Bristol Bay watershed, for EPA to use its authority under Section 404(c) Clean Water Act to protect this vital fishery. "Commercial Fishermen for Bristol Bay thank the EPA for conducting a thorough, three-year scientific analysis of the impacts large-scale mining will have on the Bristol Bay watershed,” Waldrop continued. “Fishermen from coast-to-coast understand how important Bristol Bay’s salmon are to our nation’s fisheries and economy. It is time to protect one of the last great salmon fisheries left on this planet and for the Obama Administration to the majority of Alaskans who oppose large-scale mining in Bristol Bay’s salmon stronghold." The Bristol Bay commercial fishery provides over 14,000 full-time equivalent jobs nationwide and pumps $1.5 billion in economic impact annually to the nation’s economy. This vibrant fishery is responsible for almost 50% of all wild sockeye salmon harvested worldwide and an average of 32 million-sockeye return to Bristol Bay every year. Today, the United Tribes of Bristol Bay (UTBB) also called on the Environmental Protection Agency (EPA) to invoke immediate Clean Water Act protections for Bristol Bay following the finalization of the Bristol Bay Watershed Assessment. UTBB is composed of twelve federally-recognized tribes from the Bristol Bay region that petitioned the EPA to invoke Section 404(c) of the Clean Water Act to protect the Bristol Bay watershed, specifically to stop harmful large-scale metallic sulfide mining development like the proposed Pebble Mine. In response, the EPA conducted a nearly three year comprehensive, science-based assessment based on Pebble’s own mining plans. As was the case with earlier versions, the assessment concluded that mining on the scale of Pebble could destroy 5,350 acres of wetlands, ponds, and lakes in the Bristol Bay region, as well as up to 94 miles of salmon spawning and rearing streams, which are the cradle for the Bristol Bay subsistence and commercial fisheries. Of specific importance to UTBB was EPA’s finding that if “salmon quality or quantity was (or perceived to be) adversely affected, the nutritional, social, and spiritual heath of Alaska Natives would decline.” “The EPA’s now-finalized assessment proves what we’ve known for years: this type of mining could easily destroy some of the most productive salmon streams in the world and with them the indigenous cultures who have depended on salmon for millennia,” said Robert Heyano, President of UTBB. “We simply can’t pass this uncertainty down to our children and grandchildren. UTBB and the tribes we represent call on the EPA to fulfill our original request and issue permanent protections for Bristol Bay, its people, and its salmon.” Representative Les Gara (D-Anchorage) said in a prepared statement, "No one wants the feds to do the state's work, but Governor Parnell wouldn't stand up for the state on Pebble. The governor should have taken action to protect the world’s greatest wild salmon and trout streams. The feds unfortunately had to come in to do what Governor Parnell refused to do - protect Alaska's sport, subsistence and commercial fish. I'd rather have had the state exercise its sovereignty and protect Bristol Bay. But the Governor effectively called on the feds to do his job.” Gara said, “Between weakened clean water rules from the Murkowski era, and the governor's new bill to allow unsustainable amounts of water to be taken from our fishing streams, this governor is doing what he promised he wouldn't - trading one resource for another." In 2010, several Bristol Bay Alaska Native tribes requested that EPA take action under the Clean Water Act to protect the Bristol Bay watershed and salmon resources from development of the proposed Pebble Mine, a copper, gold and molybdenum mining venture backed by Northern Dynasty Minerals Ltd. Other tribes asked EPA to wait for a mine permitting process to begin before taking action on the potential environmental issues Pebble Mine presents. Before responding to these requests, EPA identified a need for a scientific assessment to better inform the agency and others. EPA and other scientists with expertise in Alaska fisheries, mining, geochemistry, anthropology, risk assessment, and other disciplines reviewed information compiled by federal resource agencies, tribes, the mining industry, the State of Alaska, and scientific institutions from around the world. EPA focused on the Nushagak and Kvichak River watersheds, which support approximately half of the Bristol Bay sockeye salmon runs. According to the EPA, an open public process was maintained, reviewing and considering all comments and scientific data submitted during two separate public comment periods. The agency received approximately 233,000 comments on the first draft of the assessment and 890,000 comments on the second draft. EPA held eight public meetings attended by approximately 2,000 people. EPA consulted with federally recognized tribal governments and Alaska Native Claims Settlement Act village and regional corporations. According to information provided by the EPA, the study has been independently peer reviewed for its scientific quality by 12 scientists with expertise in mine engineering, salmon fisheries biology, aquatic ecology, aquatic toxicology, hydrology, wildlife ecology, and Alaska Native cultures. The EPA reviewed information about the copper deposit at the Pebble site and used data submitted by Northern Dynasty Minerals Ltd. to the U.S. Securities and Exchange Commission, including the document titled "Preliminary Assessment of the Pebble Project, Southwest, Alaska," which provides detailed descriptions of three mine development cases representing 25, 45 and 78 years of open pit mining. The 45-year development scenario was presented as the reference case in the Northern Dynasty report. Over the course of the assessment, EPA met with tribes, Alaska Native corporations, mining company representatives, state and local governments, tribal councils, fishing industry representatives, jewelry companies, seafood processors, restaurant owners, chefs, conservation organizations, members of the faith community, and members of Congress. EPA produced the report with its authority to perform scientific assessments under Clean Water Act section 104. As a scientific report, this study does not recommend policy or regulatory decisions. The Pebble Mine is a proposal from the Canadian company Northern Dynasty Minerals to build North America’s largest open pit mine – larger than all mines in Alaska combined – at the headwaters of Bristol Bay, Alaska. By the company’s own estimates, the mine could generate more than 10 billion tons of waste rock, which would be stored behind a series of massive, miles-long earthen dams in perpetuity. All of this would occur on top of the very streams and rivers that support a subsistence way of life for indigenous cultures across the region, as well as a $1.5 billion commercial fishery. Specifically, the EPA’s final Bristol Bay Watershed Assessment states Pebble Mine alone, even without accident, would:
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