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DULUTH 鈥� The U.S. Environmental Protection Agency recommended the U.S. Army Corps of Engineers not reissue a key permit for the proposed PolyMet copper-nickel mine over concerns that it could violate Fond du Lac Reservation鈥檚 water quality standards.

The Army Corps . It remained on hold after from the proposed mine near Hoyt Lakes and Babbitt.

The EPA鈥檚 recommendation came Tuesday, the first day of a three-day public hearing on the permit held by the Army Corps.

"EPA鈥檚 key recommendation is that the Corps should not reissue the CWA (Clean Water Act) Section 404 permit for the NorthMet project, as proposed,鈥� . 鈥淎s the NorthMet project is currently designed, there are no conditions that EPA can provide to the Corps that would ensure that the discharges from the CWA Section 404 permitted activities would comply with the Fond du Lac Band鈥檚 water quality requirements for its waters.鈥�

However, the EPA said the permit and/or the project could be changed to meet the Clean Water Act requirements.

鈥淓PA鈥檚 recommendations do not foreclose any future modifications to the permit application or the NorthMet project design,鈥� . 鈥淎ny future modifications should include meaningful involvement of the Band and Minnesota to ensure compliance with both tribal and state water quality requirements.鈥�

In a news release Tuesday afternoon, the Fond du Lac Band said the EPA's recommendation was a "victory for the Band's efforts to protect its waters from unacceptable pollution that threatens their culture and way of life."

Fond du Lac Chairman Kevin Dupuis Sr. said in the release: "It has taken a lot of time and dedication to get where we are today, and we appreciate EPA for taking a robust and meaningful look at our objection which is grounded in science. It is no surprise that EPA's recommendations agree with our long-standing concerns."

In an email, Paula Maccabee, counsel and advocacy director of environmental group WaterLegacy, said the recommendation was 鈥渁 landmark triumph of tribal stewardship and the EPA鈥檚 allegiance to science and law to protect Lake Superior basin waters and environmental justice.鈥�

Bruce Richardson, a spokesperson for PolyMet, stressed that it was only a recommendation from the EPA and said the company will present evidence that the company believes the federal agency did not consider.

鈥淲e strongly disagree with the EPA鈥檚 recommendation. Importantly, like the Fond du Lac Band of Lake Superior Chippewa that initiated this hearing, the EPA has disregarded the science-based conclusions in PolyMet鈥檚 Environmental Impact Statement and permitting decisions that we will reduce mercury and sulfate loading to the St. Louis River watershed,鈥� Richardson said in an email to the News Tribune.

PolyMet is proposing the state鈥檚 first copper-nickel mine near Hoyt Lakes and Babbitt. The open-pit mine and processing facility would sit in the St. Louis River Watershed. The Fond du Lac Band fears potential pollution from PolyMet, namely sulfides and mercury, would damage its wild rice and other resources. The St. Louis River runs along the reservation鈥檚 eastern border and through Fond du Lac Band鈥檚 tribal land.

Fond du Lac in 2019 sued the EPA because the agency never notified the band on whether the project "may affect" its waters. The band argued it should have because under the Clean Water Act, the band is considered a state and was entitled to the same kind of notification and objection process.

, , agreed.

The EPA then found the project 鈥渕ay affect鈥� Fond du Lac, a determination that allowed the band to object to the permit and require the Army Corps to hold a hearing on the band's objection.

The three-day public hearing is underway and being streamed at the

Members of the public can comment via audio teleconference from 4-9 p.m. Thursday. The Army Corps directed people wishing to make a verbal comment to its website, for more information.

Written comments may also be submitted electronically by June 6 to USACE-PolyMet-401a2@usace.army.mil .