North of 60 Mining News - The mining newspaper for Alaska and Canada's North

Administrative Law Judge Kent Sullivan from the Alaska Office of Administrative Hearings has proposed that there is no "reasonable assurance" that the Donlin Gold Mine in western Alaska will comply with Alaska's water quality standards.

As part of the larger permitting process, the Alaska Department of Environmental Conservation's Division of Water issued a certificate concluding that there is reasonable assurance that the proposed mine at Donlin will comply with the applicable provisions of Section 401 of the federal Clean Water Act as well as the state's water quality standards.

Earthjustice, acting on behalf of the Bethel, Alaska-based Orutsararmiut Native Council, challenged DEC's certificate of reasonable assurances in the Alaska Office of Administrative Hearings, which was established in 2004 to hear and resolve disputes related to state governmental decisions.

In its case, Orutsararmiut Native Council argues that the DEC cannot provide reasonable assurance a mine at Donlin will meet water quality standards for mercury, temperature, and protection of existing uses.

On April 12, Judge Sullivan issued a 78-page notice of proposed decision that concluded DEC has not demonstrated with reasonable certainty that Alaska water quality standards will be met.

This recommendation has been sent to the state for review and Alaska DEC Commissioner Jason Brune will have 45 days to make a final determination on whether to accept the decision, return it to the administrative law judge to consider additional evidence, revise its enforcement action, or reject the finding.

Donlin Gold LLC – a joint venture partnership owned equally by Barrick Gold Corp. and Novagold Resources Inc. to advance permitting and potential development of a mine at the 39-million-ounce Donlin Gold deposit – does not agree with the administrative law judge's findings.

"While we strongly disagree with the appeal officer's view, it is his opinion and it will be up to the department commissioner to render the final decision," said Donlin Gold External Affairs Manager Kristina Woolston. "We appreciate the thorough and extensive work undertaken by the division since 2018 in developing a technically and legally robust certification."

Located on lands owned by Calista Corp., an Alaska Native regional corporation, and The Kuskokwim Corporation, an Alaska Native village corporation, Donlin is expected to provide thousands of jobs and pay millions of dollars in taxes to the state over an estimated 27-year mine life.

"OAH's decision does not affect Donlin Gold's commitment to the project's Alaska Native landowner's, The Kuskokwim Corporation and Calista Corporation, to build an environmentally responsible mine that enriches the lives of those in the Yukon-Kuskokwim region," said Woolston.

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Shane Lasley, Publisher

Over his more than 16 years of covering mining and mineral exploration, Shane has become renowned for his ability to report on the sector in a way that is technically sound enough to inform industry insiders while being easy to understand by a wider audience.

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