7/28/26 UPDATE: An approved jurisdictional determination was made on 7/22/2026. Through review of the original EA process, USACE initiated the determination that the Graphite Creek Project is likely to result in reasonably foreseeable significant effects and that preparation of an EIS is required due to the likely significant effects of the activity. Therefore, the EA action was cancelled and an EIS action was added to the dashboard. In addition, the Section 404 final permit decision milestone was modified to comport with the EIS evaluation.
Description:
Review of the anticipated permit application will inform the agency and public about the anticipated impacts and determine whether the action may significantly affect the quality of the human environment.
NOTE: USACE has not completed a review of aquatic resources or made a determination of jurisdiction. An Approved Jurisdictional Determination was requested and will be conducted upon receiving the permit application and applicant-provided information. Completion of the Approved Jurisdictional Determination may indicate a greater extent of jurisdictional wetlands and other waters that would be impacted by the action. The potential for increased impact to waters of the U.S. may affect the significance determination and thus warrant preparation of an environmental impact statement (EIS) instead of or at the conclusion of the environmental assessment.
The Graphite Creek FIN submission contains various statements regarding the case of Sackett v. EPA, 598 U.S. 651 (2023). Any permit review by USACE of any Graphite Creek activities described in the Graphite Creek FIN would occur in full compliance with applicable law and regulation (including Sackett v. EPA) at the time of USACE’s actual permit application review, which can only commence upon the receipt of a completed permit application by USACE. As such, USACE’s review of the FIN and preparation of the permitting timetable, which has been submitted and completed before the receipt of a completed permit application by USACE, cannot and does not constitute any agreement or disagreement by USACE with any of the statements regarding Sackett v. EPA in the Graphite Creek FIN.
7/28/26 UPDATE: An approved jurisdictional determination was made on 7/22/2026. Through review of the original EA process, USACE initiated the determination that the Graphite Creek Project is likely to result in reasonably foreseeable significant effects and that preparation of an EIS is required due to the likely significant effects of the activity. Therefore, the EA action was cancelled and an EIS action was added to the dashboard. In addition, the Section 404 final permit decision milestone was modified to comport with the EIS evaluation.
Milestones:
Milestone date is dependent upon compliance with, but not limited to, the following: (e.g., Section 7 of ESA, Section 106 of NHPA, Section 401 WQC, NEPA Record of Decision)
Milestone date is dependent upon compliance with, but not limited to, the following: (e.g., Section 7 of ESA, Section 106 of NHPA, Section 401 WQC, NEPA Record of Decision)
All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.
ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS
ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
09/24/2027
ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED
SECTOR
Mining
CATEGORY
Project Category
FAST-41 Covered Projects
LEAD AGENCY
Department of the Army, US Army Corps of Engineers - Regulatory
View FAST-41 Postings by Agencies
Other Agencies with Actions or Authorizations:
Department of the Interior, Fish and Wildlife Service
Department of Commerce, National Oceanic and Atmospheric Administration
Description:
The Graphite Creek Project is a proposed graphite open pit mine to extract graphite ore and produce a graphite concentrate for further processing and manufacturing of Coated Spherical Graphite, primarily for the electric vehicle lithium-ion battery and energy storage markets, as well as other high grade graphite products. Graphite ore mined from the Graphite Creek Property, situated on the Seward Peninsula about 37 miles north of Nome, Alaska, would be processed into concentrate at a mineral processing plant to be located adjacent to the mine.
The Executive Director granted a U.S. Army Corps of Engineers request to extend the Essential Fish Habitat (EFH) completion dates on September 26, 2025. The Executive Director determination is posted here.
The Executive Director granted a U.S. Army Corps of Engineers request to extend the Clean Water Act Section 404 permit and the Section 106 of the National Historic Preservation Act review completion dates on July 27, 2026. The Executive Director determination is posted here.
Milestone date is dependent upon compliance with, but not limited to, the following: (e.g., Section 7 of ESA, Section 106 of NHPA, Section 401 WQC, NEPA Record of Decision)
Milestone date is dependent upon compliance with, but not limited to, the following: (e.g., Section 7 of ESA, Section 106 of NHPA, Section 401 WQC, NEPA Record of Decision)
Original Target Date: 09/29/2026
Milestone: Final Verification/Permit Decision Rendered (Agency Action)
Requested extensions greater than 30 days for this Action are shown below:
Final Verification/Permit Decision Rendered (Agency Action) extended by 360
From: 09/29/2026
To: 09/24/2027