Graphite One’s federal permits could be issued in one year

By Anna Lionas

The U.S. Army Corps of Engineers has made a preliminary determination that Graphite One’s Graphite Creek mine project could complete the federal permitting process before October 2026. 
According to a timeline released on the FAST-41 dashboard Monday, August 4, the Corps predicted the project will need to submit an Environmental Assessment, or EA, to determine the award of a Section 404 Clean Water Act permit.
Also included in the timeline are predicted durations of Essential Fish Habitat consultation, Section 106 review mandated by the Historic Preservation Act and Endangered Species Act consultation.
“With FAST-41 we can get these permits done in less time. And it doesn’t mean you’re short cutting the process.
It means it just doesn’t sit on someone’s desk,” Graphite One’s Senior Vice President of Operations Mike Schaffner said.
Fast-41 is a federal initiative that places major projects on a schedule, requiring transparency from both the agencies and the applicant.
The need for an EA versus an Environmental Impact Statement, or EIS, was somewhat expected, Schaffner said. An EA is a shorter process, taking one year to complete and it is less extensive overall. The EIS process could take more than two years and would require a public comment period. 
The Corps will decide on an EA or an EIS process after they receive an Environmental Evaluation Document from Graphite One, which kicks off the Section 404 permit application process. They’re expected to submit this to the Corps by August 15.
“What would make the determining factor on this is the amount of wetlands impacted, and the new Sackett decision that came out of the Supreme Court vastly limited how much wetlands will be involved,” Schaffner said.
Schaffner referred to a 2023 decision by the U.S. Supreme Court, which narrowed the definition of waters the Clean Water Act protects to wetlands with a continuous surface connection with waters of the United States.
If an EIS was required, the timeline for completion was estimated at 2.7 years, Schaffner said.
The Corps’ dashboard currently estimates the Section 404 permit could be complete by end of September 2026
“What we know is the fast process tends to cut the permitting time by about 25 percent,” Schaffner said. “And the only reason it does that is because people are on a schedule. So, you know when you look at it, ‘fast’ is probably a misnomer.”
Graphite One will still need to submit other permits to the state of Alaska before the project can begin.