West Su Access Road on Permitting Fast Track

In late September, the Army Corps of Engineers, the agency responsible for permitting projects that impact Waters of the United States, released a public notice to fast track the permitting process for the West Susitna Access Road.

The public notice stated that the project qualified for emergency permitting under President Trump’s National Emergencies Act. That executive order allows for emergency permitting in cases of insufficient energy production, transportation, refining, and generation as it constitutes a threat to the economy, national security, and foreign policy. 

When asked how the West Susitna Access Road qualified under the emergency order, Army Corps of Engineers Public Affairs Specialist John Budnik responded by email that the road will provide access to the West Susitna mineral deposits, including a large antimony deposit, which is identified as a critical mineral.

The Alaska Industrial Development and Export Authority, or AIDEA, recently provided $25 million toward the initial geotechnical and permitting work for the 78.5 miles of roadway that will connect to the State’s 22 miles. Federal dollars will largely fund those first 22 miles, expected to cost about $76 million. The State will provide about $6.8 million of that.

About 65 acres of aquatic resources are listed in the emergency permit as potentially being impacted. At this time, Budnik says by email, that the Army Corps is working to complete the Approved Jurisdictional Determination, which will determine how many of those acres are actually considered Waters of the United States, or WOTUS. Stemming from the Clean Water Act protections, WOTUS is a way to ensure that pollution discharges and in-stream damage is remediated.

Separately, the federal government also is working to change the definitions of Waters of the United States, which could impact the number of acres that qualify. Under the existing definitions, there are many more acres impacted in the West Su Access Road project. And because of the complex waterways and wetlands in Alaska, the new definitions could reduce the waters technically impacted, according to Trustees of Alaska Legal Director Teresa Clemmer.

“According to those existing tools the wetlands that would have been affected by the proposed West Su Road would have been about 2,700 acres. But then just recently, an application was submitted to the Army Corps that dramatically slashed that by something like 98 percent to I think around 65 acres. And that’s what the Corps is proposing in their public notice.” 

She goes on to say that the State wants to propose about three acres to be counted as wetlands under the Clean Water Act.

A press release from West Susitna business leaders, Defend the West Su, and the Chickaloon Village Traditional Council notes the lack of public input on this emergency permitting request. Traditional Chief Gary Harrison, Chairman of the Chickaloon Village Traditional Council says the Council has not been consulted despite multiple requests. He says the State has not documented the cultural resources in the area, many of which are known to the native people. Harrison says “the people who want these roads are despoiliators digging into the bowels of Mother Earth for their own enrichment, despite the fact that they are ruining the environment, destroying the fish and wildlife that the Peoples depend on.” 

The announcement from the Army Corps was released on September 25 and public comment closes on October 13.