Fully Permitted and Infrastructure-Ready in Southern California
Fort Cady holds a complete suite of federal, state, and county permits, including a rare EPA Class 3 Underground Injection Control permit, with approvals dating to the 1990s and an operating capacity of up to 160,000 short tons of boric acid per year.
The Fort Cady Project is fully permitted for commercial-scale boron production. Key approvals include a 1994 BLM Record of Decision, a 1994 San Bernardino County Conditional Use Permit, a 2020 EPA Class 3 Underground Injection Control permit, and November 2023 EPA authorization to commence mining operations. The project is permitted to produce up to approximately 160,000 short tons of boric acid per year and is located near Newberry Springs, California, with direct access to Interstate 40, BNSF rail, natural gas pipeline, and grid power.
Permitting at a Glance
Fort Cady benefits from a permitting foundation that spans three decades. Phase 1 commercial production aligns with the previously authorized project scope, no new major permits are required.
Why This Matters
New mining projects in the United States typically require 7–15+ years to secure all necessary permits. Fort Cady's existing permit suite, secured over three decades, represents a significant de-risking advantage. The Phase 1 PFS mine plan operates entirely within the scope of existing approvals, meaning the project can scale to full commercial production without requiring new major permitting milestones.
30+ Years of Regulatory Progress
Permitted Capacity
| Permit Parameter | Authorization |
|---|---|
| Borate Production (B₂O₃ equivalent) | 90,000 stpa |
| Boric Acid Equivalent (H₃BO₃) | ~160,000 stpa |
| Phase 1 PFS Target (H₃BO₃) | 130,000 stpa |
| Phase 1 vs. Permitted | ~81% of permitted capacity |
Complete Permit Suite
Fort Cady holds approvals from federal, state, and county agencies covering land use, environmental impact, underground injection, and mining operations.
BLM Plan of Operations
Approved via Record of Decision in 1994 following joint EIS/EIR process. Authorizes borate extraction operations on federal land. Includes approved Reclamation Plan.
| Filed | 1990 |
| Approved | 1994 |
EPA Class 3 UIC Permit
Class 3 Underground Injection Control permit authorizing in-situ leach solution mining. Includes groundwater monitoring and containment requirements.
| Issued | 2020 |
| Mining Commenced | Nov 2023 |
County Mining CUP
Mining Conditional Use Permit and Reclamation Plan approved under the California Surface Mining and Reclamation Act (SMARA). Authorizes mining and processing operations.
| Filed | 1990 |
| Approved | 1994 |
Joint EIS/EIR
Joint Environmental Impact Statement (NEPA) and Environmental Impact Report (CEQA) prepared by BLM and San Bernardino County. Comprehensive review completed 1994.
Critical Infrastructure Designation
Fort Cady operations are designated U.S. Critical Infrastructure by DHS, recognizing the project's importance to national supply chain security.
Mineral Tenure
5E holds mineral rights through six real parcels with conveyed mineral rights, plus lode mining claims filed with BLM in August 2025 covering additional mineralization areas.
Built-In Infrastructure Advantages
Fort Cady sits at the intersection of major transportation, energy, and logistics infrastructure, a rare advantage for a greenfield mining project. Located in the Mojave Desert near Newberry Springs, halfway between Los Angeles and Las Vegas.
Interstate 40
~2 miles south of I-40, providing direct east-west trucking access between Los Angeles and the Southwest.
BNSF Railway
BNSF transcontinental rail line runs adjacent to the project site, enabling bulk transport to domestic and export markets.
Natural Gas
~2 miles from the Mojave Pipeline natural gas transmission line. PFS includes a 40 MW COGEN facility powered by natural gas.
Grid Power
~1 MW grid power currently connected and supplying the small-scale facility. COGEN plant planned for Phase 1 operations.
Water Supply
Two existing water wells with millsite claims. ISL is closed-loop with recycled process water, minimizing fresh water demand.
Port Access
Trucking access to Port of Los Angeles and Port of Long Beach for export markets. Also accessible to inland hubs via I-40 and I-15.
Property & Mineral Tenure
The Fort Cady Project spans both private (fee simple) and federal land administered by the Bureau of Land Management. 5E holds mineral rights through direct ownership and federal mining claims.
| Tenure Type | Detail |
|---|---|
| Fee Land (Private) | Six real parcels with conveyed mineral rights. Surface and subsurface rights held by 5E. |
| BLM Land (Federal) | Surrounding federal land administered by BLM. Mining authorized under approved Plan of Operations. |
| Lode Mining Claims | Additional lode claims staked July 2025 and filed with BLM August 2025 for remaining open colemanite mineralization areas. |
| Millsite Claims | Water well locations held under millsite mineral claims, securing water supply rights. |
40 MW Co-Generation Facility
The Phase 1 PFS includes a dedicated 40 MW co-generation (COGEN) facility at the project site. The natural gas-fired plant will provide both electrical power and process steam for the boric acid processing circuit, reducing dependence on external grid power and improving operating cost efficiency.
| COGEN Parameter | Specification |
|---|---|
| Capacity | ~40 MW |
| Fuel Source | Natural gas (Mojave Pipeline) |
| Outputs | Electrical power + process steam |
| Capital Cost (PFS) | $50.2 million |
| Purpose | Process heat for crystallization, site electrical load |
The COGEN facility represents 11.5% of total Phase 1 capital and is a key driver of the project's competitive operating cost profile by providing low-cost on-site power and steam.
Infrastructure & Permits FAQ
Yes. Fort Cady holds a complete suite of federal, state, and county permits including a 1994 BLM Record of Decision, a 1994 San Bernardino County Mining Conditional Use Permit, a 2020 EPA Class 3 Underground Injection Control permit, and November 2023 EPA authorization to commence mining operations. No new major permits are required for Phase 1 commercial production.
A Class 3 Underground Injection Control (UIC) permit is issued by the U.S. EPA and specifically authorizes the injection of fluids for mineral extraction through solution mining. It is one of the most stringent federal permits for mining operations and includes requirements for groundwater monitoring, well construction standards, and environmental containment.
Fort Cady is located in the Mojave Desert near Newberry Springs, San Bernardino County, Southern California. The site sits approximately 2 miles south of Interstate 40 and 25 miles east of Barstow, roughly halfway between Los Angeles and Las Vegas.
Fort Cady is permitted to produce up to approximately 90,000 short tons per year of borates (expressed as B₂O₃), which equates to approximately 160,000 short tons per year of boric acid. The Phase 1 PFS targets 130,000 short tons per year, operating at approximately 81% of the maximum permitted capacity.
No. The Phase 1 mine plan as defined in the August 2025 Pre-Feasibility Study operates entirely within the scope of existing permits and approvals. The project's permitting foundation, established over 30+ years, aligns with the planned commercial production capacity.
Cautionary Note
Statements regarding permitted capacity, planned COGEN facility construction, and Phase 1 production targets are forward-looking and subject to risks including regulatory changes, permitting modifications, construction delays, and financing availability. For complete risk factors, see the Company's SEC filings including Form 10-K and Form 10-Q.
Read Full Forward-Looking Statement Disclaimer →
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