401 Certification for Donlin mine reaffirmed by DEC Division of WaterPosted & Edited By MARY KAUFFMAN
May 14, 2022
The 401 Certification indicates the State’s reasonable assurance that issuance of the Federal Clean Water Act Section 404 permit will not cause exceedances of the State’s water quality standards. This final decision is part of the ongoing appeal filed by Earthjustice and Orutsararmiut Native Council “In addition to reviewing the data, Division of Water’s permitting staff contracted with third-party experts to provide their opinion of Donlin’s and ONC’s reports,” said Randy Bates, Division of Water Director. “Everything that we have reviewed and analyzed further validates our issuance of the 401 Certification that Donlin will be able to meet Alaska water quality standards.” Under Section 401 of the U.S. Clean Water Act it is stated: must either issue a Certificate of Reasonable Assurance that proposed discharges to water would meet state water quality standards or waive the certification before the associated federal Section 404 permit to discharge dredge or fill material may be issued or deny the certification in which case the federal Section 404 permit would not be issued. Orutsararmiut Native Council (ONC) appealed Alaska Department of Environmental Conservation’s decision to issue the certificate to the Alaska Superior Court in June 2021. Donlin Gold LLC asked for a temporary stay in September 2021 to provide all parties with additional information on two water quality standards at issue in Orutsararmiut Native Council ’s appeal: mercury and water temperature limits. At Alaska Department of Environmental Conservation’s request, the Court remanded the decision to issue the certificate back to the Division to review in light of the new information. Donlin Gold submitted two scientific reports in October of 2021 to the ADEC. The reports include additional scientific data collected during the summer of 2021 and an analysis of the project’s potential effects to water quality, in particular mercury and temperature. These topics are important to the residents of the region along with Donlin Gold and our partners and merit the added in-depth look. Mercury and temperature effects have been key topics in the ongoing appeal of the 401 Certificate. The reports conclude that:
Furthermore, Donlin Gold stated in a news release, it has revised the mine’s Monitoring Plan to include additional monitoring for mercury and temperature in Crooked Creek surface waters. According to Donlin Gold's news release, Alaska Department of Environmental Conservation has repeatedly upheld its decision to issue the 401 Certificate for the Donlin Gold project. Dan Graham, General Manager at Donlin Gold said, “We believe the additional studies provided compelling support for the 401 Certificate. The two studies extend the already large body of scientific information about water quality in Crooked Creek, ensuring that the healthy ecosystem upon which people depend is protected. The additional water quality monitoring provides further assurance the project will comply with Alaska’s strict water quality standards. ADEC’s decision to reaffirm the 401 Certificate, after completing their own independent review, further confirms this. The reissuance of the 401 Certificate is even more strongly supported by this added data and analysis, and monitoring. We would like to thank the ADEC for the additional and thorough work in the updated 401 Certificate. Donlin Gold is committed to responsible development of the mineral resources owned by Calista Corporation, the Alaska Native Corporation for the Yukon-Kuskokwim region of western Alaska, and the associated benefits it can bring to the shareholders and residents of the region.” Dolan Gold is said to be a world class gold deposit located in Western Alaska in the Yukon-Kuskokwim region, the Donlin Gold deposit ranks fourth in the world with probable gold deposits estimated at 33.8 million ounces.
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