Document G5On3e70kr70EVG1ZeEM5p0M4

Message From: Sent: To: Subject: Torstenson, Cassandra L. [ctorstenson@nd.gov] 5/12/2017 6:05:24 PM Bennett, Tate [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=lfa92542f7ca4d01973bl8b2fllb9141-Bennett, El] RE: Introduction North Dakota Governor's Office Thank you Tate. Do you have a copy of the referenced power point? Cassandra From: Bennett, Tate [mailto:Bennett.Tate@epa.gov] Sent: Friday, May 12, 2017 12:57 PM To: Torstenson, Cassandra L. <ctorstenson@nd.gov> Subject: RE: Introduction North Dakota Governor's Office CAUTION: This email originated from an outside source. Do not click links or open attachments unless you know they are safe. Awesome. Sounds like a plan. Wanted to make sure you received this letter on WOTUS earlier this week as well. Let me know if he has any questions! Tate Elizabeth Tate Bennett Senior Deputy Associate Administrator Congressional and Intergovernmental Affairs Office o f the Administrator U.S. Environmental Protection Agency From: Torstenson, Cassandra L. [mailto:ctorstenson@nd.gov1 Sent: Friday, May 12, 2017 1:47 PM To: Bennett, Tate <Bennett.Tate@epa.gov> Subject: Introduction North Dakota Governor's Office Good Afternoon Tate, Thank you for the introduction. I am the Senior Scientific Policy Advisor for North Dakota's Governor Doug Burgum. Please feel free to reach out if you every have any questions. For your reference, my primary policy areas include: Energy, Agriculture, Natural Resources, Parks and Recreation, Water, Transportation and Emergency Services. Kindly, Cassandra Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069859-00001 Cassandra Torstenson | Policy Advisor | 701.328.2200 (o) [ Ex. 6 j^c) 701.328.2205 if) I ctorstenson@nd.gov North Dakota Office of the Governor | 600 East Boulevard Avenue, Bismarck, ND 58505-0001 I https://www.governor.nd.gov/ Begin forwarded message: From: "Bennett, Tate" <Bennett.Tate@epa.gov> Subject: Intro at EPA / EPA and Pebble Limited Partnership Reach Settlement Agreement Date: May 12, 2017 at 9:31:53 AM CDT To: "Bennett, Tate" <Bennett.Tate@epa.gov> CAUTION: This email originated from an outside source. Do not click links or open attachments unless you know they are safe. Happy Friday! I wanted to take a quick second to introduce myself as the new Sr. Deputy Associate Administrator for Intergovernmental Relations (i.e. your liaison) at EPA in Administrator Scott Pruitt's Office. Please don't ever hesitate to give me a shout if I can be helpful. Ex. 6 is my direct. I also wanted to flag the below settlement agreement with Pebble Limited Partnership that was announced by EPA earlier this AM. Let me know if I can ever be helpful. Tate Elizabeth Tate Bennett Senior Deputy Associate Administrator Congressional and Intergovernmental Affairs Office of the Administrator U.S. Environmental Protection Agency --~ I CONTACT: press@epa.gov FOR IMMEDIATE RELEASE May 12, 2017 EPA and Pebble Limited Partnership Reach Settlement Agreement Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069859-00002 EPA Agrees to Allow Permit Process to Proceed; Pebble Agrees to Drop Lawsuits WASHINGTON --The U.S. Environmental Protection Agency entered into a settlement agreement with the Pebble Limited Partnership to resolve litigation from 2014 relating to EPA's prior work in the Bristol Bay watershed in Alaska. The settlement provides the Pebble Limited Partnership (Pebble) an opportunity to apply for a Clean Water Act (CWA) permit from the U.S. Army Corps of Engineers before EPA may move forward with its CWA process to specify limits on the disposal of certain material in connection with the potential "Pebble Mine." "We are committed to due process and the rule of law, and regulations that are 'regular'," said EPA Administrator Scott Pruitt. "We understand how much the community cares about this issue, with passionate advocates on all sides. The agreement will not guarantee or prejudge a particular outcome, but will provide Pebble a fair process for their permit application and help steer EPA away from costly and time-consuming litigation. We are committed to listening to all voices as this process unfolds." Key Terms of the Settlement: Pebble and the U.S. Department of Justice (on behalf of the EPA) will ask the U.S. District Court for the District of Alaska to dismiss the cases with prejudice and to lift the court-ordered preliminary injunction. EPA agrees to commence a process to propose to withdraw the currently pending proposed determination, consistent with its regulations. EPA agrees that it will not move to the next step in its CWA process, which would be to issue a recommended determination (determination steps are: proposed, recommended, final), until 48 months from settlement or until the U.S. Army Corps of Engineers issues its final environmental impact statement, whichever comes first. To take advantage of this period of forbearance, Pebble would have to file its permit application within 30 months. Pebble will drop its lawsuits and requests for fees against EPA, and agree to file no new Freedom of Information Act (FOIA) requests during the pendency of the "forbearance" period. EPA may use its scientific assessment regarding the Bristol Bay Watershed without limitation. Background: In 2014, under the previous administration, EPA's Region 10 completed a multi-year watershed assessment in Bristol Bay, and then issued a CWA Section 404(c) proposed determination, which described restrictions on large-scale mining in the watershed. Section 404 is the part of the CWA that governs the permit evaluation process for actions that discharge dredged or fill material into a covered water. The May 11, 2017 settlement does not guarantee or prejudge any particular outcome to this process, but does ensure that the process will be carried out in a fair, transparent, deliberate, and regular way. R082 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069859-00003 If you would rather not receive future communications from Environmental Protection Agency, let us know by clicking here. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460 United States Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069859-00004