Appeal will be DeniedRemanded back to District Engineer confirming current Record of Decision stands. A permit cannot be issued under the current mine plan which was assessed by NEPA EIS for several reasons:
1. The EIS is incomplete and the uneconmic mine plan requires revision. Economics and Pebble Tapes
2. The current mine plan requires resubmittal with a new permit application.
3. Any revised mine plan is required to avoid EPA restricted filling areas.
4. EPA continues to have 404 oversight and permit application rejection.
5. Under any scenario a permit cannot be issued.
The remand by the Division Engineer based on a couple ambiguous ROD reasons can be modified or removed while still rejecting the appeal. Looks like this was the legal plan all along including EPA to veto during the appeal process. Don't agree with it.
A real mining company proposing only a underground mine on a much smaller production scale, assuming economic, had a chance.