In 2005, the U.S. Army Corps of Engineers (USACE), a responsibile agency in the PolyMet EIS development, published public notice of the project pursuant to Section 404 of the Clean Water Act.  Significant changes in the Project design and other factors pertinent to determine the nature and magnitude of the NorthMet project and its impacts have occurred.

WaterLegacy, Minnesota Center for Environmental Advocacy, EARTHWORKS, Friends of the Boundary Waters Wilderness, Izaak Walton League of America - Minnesota Division, Minnesota Conservation Federation, National Wildlife Federation and Northeastern Minnesotans for Wilderness have requested that USACE re-publish public notice of the project when the Draft EIS is released, so that all current conditions and knowledge can be considered.

These groups and others note that providing an up-to-date notice of the Section 404 permit for the project would ensure that Section 401 water quality certification proceeds consistent with federal and Minnesota laws and policies.

In a January 19, 2010 letter, USACE notified WaterLegacy and other requestors that it intends to re-notice the project, which will include a public comment period (probably 30 days).   In a discussion in May, Jon Ahlness of USACE affirmed the timing of the notice will be after there is a final decision about the project description and impacts; the agency acknowledges this may be a matter of several months.