Permitting-6+YearsThere are several steps that need to be accomplished prior to the EIS Record of Decision. In summary they include:
1. Submittal of the 404 application.
2. Administrative and completeness review of application.
3. MOA regarding the selection of a third party EIS contractor, can’t be HDR. NDM pays for but cannot manage. It is really the Corps responsibility to prepare, but, well, their the feds.
4. Contractor selection process.
5. Establishmnet of Baseline Study Plan. Though NDM may submitt some of the study plan, the Corps and possibly the EIS contractor will establish necessary baseline studies. Not NDM. Whether existing environmental data is applicable and current will be determined.
6. Baseline studies and/or supplemental initiated.
7. Multiple public scoping meetings.
8. Scoping comment review and consideration.
9. Preparation of draft Preliminary EIS (PDES) outline/table of contents.
10. Preparation of PDES.
11. PDES review and correction.
12. Public notice of Draft EIS (DEIS).
13. DEIS issuance.
14. Public comment period.
15. Likely public meetings.
16. Response to comments.
17. Preparation of Final EIS.
18. FEIS/Record of Decision.
19. Public notice.
20. Record of Decision and conditions signed.
There is some overlap in some of these steps, but summarized are the procedues.
A. The EIS is required to analyze all related and connected activities, not just filling of WOTUS.
B. The EIS is required to perform cumlative and foreseeable future impacts.
C. If it cannot be demonsrated or mitigated (significant impact) underground mining may be imposed (post mining pit lake chemistry and hydrological connection for example).
D. Significant additional baseline studies may be required.
E. NDM cannot bulldoze the Corp or public.
F. Schedule assumes no material changes to the plan during baseline and EIS.
G. State permits, if properly coordinated, can be issued after the Record of Decision and reclamation bond.
6+years is actually a reasonable schedule. Consider Donlin. NDM better have their act together or this will be disaster.