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  2. Section 404 of the Clean Water Act

Final Determination for Pebble Deposit Area

Summary

On January 30, 2023, EPA issued a Final Determination under its Clean Water Act Section 404(c) authority to limit the use of certain waters in the Bristol Bay watershed as disposal sites for certain discharges of dredged or fill material associated with development of a mine at the Pebble deposit, a large ore body in southwest Alaska.

After extensive review of scientific and technical research spanning two decades, and robust stakeholder engagement, EPA has determined that certain discharges associated with developing the Pebble deposit will have unacceptable adverse effects on certain salmon fishery areas in the Bristol Bay watershed.

In the 50-year history of the Clean Water Act, EPA has used its Section 404(c) authority judiciously. This action marks the third time in 30 years, and only the fourteenth time in the history of the Clean Water Act, that EPA has used this authority. This action does not apply to any other resource development projects in the State of Alaska.

  • Executive Summary: Final Determination, Pebble Deposit Area, Southwest Alaska (pdf) (12.89 MB, January 2023)
  • Final Determination, Pebble Deposit Area, Southwest Alaska (pdf) (44.48 MB, January 2023)
  • Response to Comments on Final Determination, Pebble Deposit Area, Southwest Alaska (pdf) (6.24 MB, January 2023)

Section 404 of the Clean Water Act

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Contact Us About Section 404 of the Clean Water Act
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Last updated on January 16, 2025
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