NewRange Copper Nickel, LLC (NewRange) intends to submit a new Clean Water Act Section 404 permit application to the U.S. Army Corps of Engineers (Corps), St. Paul District for the proposed development of the NorthMet Mine, following the revocation of their 2019 Section 404 permit in June 2023. The proposed environmental review and permitting milestones for the Corps’ evaluation of the newly proposed project are posted to the Federal Infrastructure Permitting Dashboard: https://www.permits.performance.gov/permitting-project/fast-41-transparency-projects/northmet-project
Background
On March 21, 2019, the Corps issued a Clean Water Act Section 404 permit to PolyMet Mining, Inc. (now known as NewRange Copper Nickel LLC) to discharge dredged and fill material into waters of the United States as part of the proposed development of the copper-nickel-platinum group element mine and associated facilities.
At that time, Corps officials determined the NorthMet Mining Project was compliant with all applicable federal laws and regulations. The Corps subsequently suspended the permit on March 17, 2021, at the request of the Environmental Protection Agency (EPA), while the EPA considered effects from the project to water quality downstream in the state of Wisconsin and within the Fond du Lac Band of Lake Superior Chippewa’s Reservation under Section 401(a)(2) of the Clean Water Act. The EPA issued a “may affect” determination to the Fond du Lac Band (Band) and the state of Wisconsin on June 4, 2021. The Band submitted an objection to the permit and its “will affect” determination on August 3, 2021, and requested the Corps hold a public hearing.
The Corps held a public hearing in May 2022, to seek information on whether the permit should be re-issued, revoked, or modified with new conditions to ensure compliance with the Band’s applicable water quality requirements. During the hearing, the Band provided information on its determination that the NorthMet project will violate its water quality requirements. The EPA agreed with the Band and recommended the Corps not reinstate the suspended permit. The permittee provided information to support their view that the project would not violate the Band’s water quality and requested the Corps reinstate the suspended permit. The Corps also received verbal and written comments from the public.
Given the Corps’ jurisdiction under Section 404 of the Clean Water Act, the Band and EPA’s water quality authority provided in the Clean Water Act, and the absence of sufficient permit conditions to ensure compliance with the applicable downstream water quality requirements of the Band as required by Section 401(a)(2) of the Clean Water Act, the Corps revoked the suspended permit on June 6, 2023. The decision does not preclude NewRange from submitting a new permit application that will meet all applicable water quality requirements for its project.