Seabridge has already disclosed this. It is available in various publically available documents including the original LoO. They must fufil the terms of the application including the geotechnical drilling, and to satisfy Third Party rights holders; namely Tudor/Teuton/AMK.
As we know, they have yet to agree to terms with the Third Party rights holders, and the status of the geotechnical drilling is in their Nov 2021 Second Extension Request for substantially started status. I have not seen an update on drilling after this:
KSM Mining noted that it currently holds permits entitling it to commence construction on the MTT portals and the initial 100 metres of the tunnels, but not the entire length of the MTT between the portals. EMLI has advised KSM Mining that it must submit information regarding the composition of the rock along the MTT route as part of its application for the permit to construct the MTT beyond the portals. To obtain the required data, KSM Mining expects it will have to drill 40 geotechnical holes along the MTT route and at the MTT portals, which were planned for 2020 and 2021. As a result of a late start in the field work due to the COVID-related restrictions and subsequent reduced workforce, only seven holes were drilled in 2020.
In the above quote, it is clearly stated that KSM Mining does not have permits to commence construction of the MTT between the portals.
Due your own due dilligence folks. Mine tells me that KSM does not yet have the permit to construct the MTT on Treaty Creek property between the portals. The LoO might still be valid, but they must still satisfy the terms of it, before actual construction can begin.