A 2025 court order hinged on the possible environmental impact of the dam that would hold back waste from the proposed Donlin Gold mine project, called a tailings dam.
Donlin Gold plans for the construction of a dam taller than the great pyramid of Giza, with the capacity to contain millions of tons of tailings, rock, and other production waste. It’s been a focal point for regional opposition to the mine. Many locals have expressed fear about the possible contamination of the nearby land, communities, and the Kuskokwim River should that dam leak or fail.
The United States Army Corps of Engineers examined potential environmental impacts of the project to inform the federal permitting process. The agency’s 2018 environmental assessment of the project — which was used to permit the proposed mine — modeled a spill of just 0.5% of the tailings dam’s contents.
But Bethel’s Orutsararmiut Native Council argued in federal court that the Army Corps should have considered the chance of a much larger spill. A federal judge agreed on that point.
This week, a draft of that court-ordered report was released for public comment. It examines a spill of 27% of the dam’s contents into the land and waterways surrounding the mine site on the middle Kuskokwim River.
In that catastrophic scenario, the Army Corps’ draft report says a spill could devastate fish habitats and aquatic activity in Crooked Creek — a community about 10 miles from the proposed mine site — for decades. Thousands of acres of wetlands and streams would be buried or eroded.
A spill that large would expose the people in Crooked Creek to contaminants, potentially displace members of the community, or even kill people, the report says.
In a written statement on Sept. 23, Donlin Gold said that it takes the report seriously. The company also maintains that “the supplemental review does not mean the risk of a tailings release has increased, nor does it represent a change to the proposed tailings storage facility design.”
In a statement released Sept. 23, the law firm Earthjustice, which represents tribal opposition to the proposed mine, said that the supplemental environmental review still falls short. They argue that 27% is still a small percentage of what could be released. They want to see modifications to the design of the tailings dam.
Regional Alaska Native corporation Calista owns the subsurface rights to the mine site. Calista supports the Donlin Gold project as an opportunity for job development and stability in the economically strained region. The proposed mine would be in operation for about 27 years, and has gathered support, especially in Crooked Creek, for its promise of employment during that time.
Following the release of the draft supplemental environmental report, Calista Corporation said that it is preparing its comments.
The draft report now enters a 30-day comment period.
Earthjustice lawyers expressed concern about what they see as a shortened comment period for the supplemental environmental review. They noted that the comment period on the original environmental review was six months.
Federal agencies will then review comments before the draft is finalized and officially taken into account when they decide whether to change the permitting for the gold mine.
Both Earthjustice and Donlin Gold encourage residents along the Kuskokwim River to review the draft report and provide comments during that window, virtually or in-person. The comment period will close on Oct. 23.
A series of four public hearings will be conducted in mid-October by the U.S. Army Corps of Engineers, including a virtual hearing on Oct. 19. Registration is required in advance. In-person hearings will be conducted in Bethel on Oct. 14, in Crooked Creek on Oct. 15, and in Aniak on Oct. 16. For details, visit DonlingoldSEIS.com.
