EPA Announces Revised 404(c) Proposed Determination

June 26, 2022


EPA Region 10 published a Clean Water Act Section 404(c) Proposed Determination to prohibit and restrict the use of certain waters in the Bristol Bay watershed (South Fork Koktuli River, North Fork Koktuli River, and Upper Talarik Creek watersheds) as disposal sites for the discharge of dredged or fill material associated with mining the Pebble Deposit.

If finalized, EPA’s Section 404(c) determination would help protect the Bristol Bay watershed’s rivers, streams, and wetlands that support the world’s largest sockeye salmon fishery and a subsistence-based way of life that has sustained Alaska Native communities for millennia.

Comments will be accepted through July 5; public hearings set for June

EPA Region 10 will accept public comments at public hearings and by written submissions through July 5, 2022.

Next steps

EPA Region 10 will fully consider all public comments received as it decides whether to forward to EPA Headquarters a Recommended Determination as provided for in EPA’s regulations regarding the use of certain waters in the Bristol Bay watershed as disposal sites for the discharge of dredged or fill material associated with mining the Pebble deposit. 

If EPA Region 10 prepares a Recommended Determination and forwards it to EPA Headquarters, EPA Headquarters will review the recommended determination, public comments received on the Proposed Determination, and other available, relevant information, and shall make a Final Determination affirming, modifying, or rescinding Region 10’s Recommended Determination.

For previous announcements, see Bristol Bay 404(c) timeline.

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