The following HTML text is provided to enhance online
readability. Many aspects of typography translate only awkwardly to HTML.
Please use the page image
as the authoritative form to ensure accuracy.
HARDROCK MINING ON FEDERAL LANDS
Appendix C
Existing Regulatory Requirements
Hardrock mining and exploration on federal lands are subject to many federal and state permitting, operating, and reclamation requirements. The committee has not attempted to produce an independent catalogue of the regulatory requirements. It has, however, reviewed several recent compilations, such as those listed in Sidebar C-1.
In addition, the committee has compiled excerpts from recent environmental impact statements that list regulatory requirements for proposed mines. The EISs contain this information because the Council on Environmental Quality's (CEQ) regulations implementing NEPA require that a federal agency identify and list the federal permits or licenses required to implement the proposal being studied:
The draft environmental impact statement shall list all federal permits, licenses, and other entitlements which must be obtained in implementing the proposal. If it is uncertain whether a Federal permit, license, or other entitlement is necessary, the draft environmental impact statement shall so indicate. (40 CFR 1502.25[b])
Although the CEQ regulation addresses only federal requirements, the Bureau of Land Management's National Environmental Policy Act Handbook (BLM, 1988) has a provision that expands the requirement to state and local permits:
Authorizing Actions (40 CFR 1502.25[b]). Identify the actions necessary to authorize the proposed action or alternatives. Include Bureau actions to authorize applicant proposals (e.g., granting right-of-way) and actions by other Federal, State, and local entities which
Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole. Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter.
Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.
OCR for page 169
HARDROCK MINING ON FEDERAL LANDS
Appendix C
Existing Regulatory Requirements
Hardrock mining and exploration on federal lands are subject to many federal and state permitting, operating, and reclamation requirements. The committee has not attempted to produce an independent catalogue of the regulatory requirements. It has, however, reviewed several recent compilations, such as those listed in Sidebar C-1.
In addition, the committee has compiled excerpts from recent environmental impact statements that list regulatory requirements for proposed mines. The EISs contain this information because the Council on Environmental Quality's (CEQ) regulations implementing NEPA require that a federal agency identify and list the federal permits or licenses required to implement the proposal being studied:
The draft environmental impact statement shall list all federal permits, licenses, and other entitlements which must be obtained in implementing the proposal. If it is uncertain whether a Federal permit, license, or other entitlement is necessary, the draft environmental impact statement shall so indicate. (40 CFR 1502.25[b])
Although the CEQ regulation addresses only federal requirements, the Bureau of Land Management's National Environmental Policy Act Handbook (BLM, 1988) has a provision that expands the requirement to state and local permits:
Authorizing Actions (40 CFR 1502.25[b]). Identify the actions necessary to authorize the proposed action or alternatives. Include Bureau actions to authorize applicant proposals (e.g., granting right-of-way) and actions by other Federal, State, and local entities which
OCR for page 170
HARDROCK MINING ON FEDERAL LANDS
would be required for implementation (e.g., obtaining State or local permits). (BLM NEPA Handbook, Section V.C.3.e[5], at p. V-17)
Tables C-1 through C-9 include excerpts from nine recent EISs that identify permits, licenses, and other regulatory requirements for recent mines in six states:
Table C-1, Cortez Pipeline Gold Deposit, Nevada, January 1996
Table C-2 Zortman and Landusky Mine Extensions, Montana, March 1996
Table C-3, Twin Creeks Mine Project, Nevada, December 1996
Table C-4, Crown Jewel Mine, Washington, January 1997
Table C-5, Ruby Hill Project, Nevada, January 1997
Table C-6, Lisbon Valley Copper, Utah, February 1997
Table C-7, Olinghouse Mine, Nevada, February 1998
Table C-8, Yarnell Mining Project, Arizona, June 1998: Regulatory Compliance Summary
Table C-9, Yarnell Mining Project, Arizona, June 1998: Significant Issues Raised During Scoping
SIDEBAR C-1 Recent Compilations of Hardrock Mining Regulatory Requirements
Barringer, S. 1999. Mining Regulatory Programs in the Western United States: A Survey of State Laws and Regulations. Unpublished, 87 pp.
Bureau of Land Management. 1999a. Surface Management Regulations for Locatable Mineral Operations: Draft Environmental Impact Statement.
Environmental Protection Agency. 1997b. National Hardrock Mining Framework. Mine Waste Task Force.
Interstate Mining Compact Commission. 1997. Noncoal Mineral Resource Report.
McElfish, J.M., T.Bernstein, S.P.Bass, and E.Sheldon. 1996. Hard Rock Mining: State Approaches to Environmental Protection. Washington, D.C.: Environmental Law Institute, 358 pp.
Northwest Mining Association. 1997. Permitting Directory for Hard Rock Mineral Exploration. Spokane, Washington.
OCR for page 171
HARDROCK MINING ON FEDERAL LANDS
TABLE C-1 Cortez Pipeline Gold Deposit, Nevada, January 1996
Agency
Permit/Approval
Facet of Project
Time Requirements
Comments
FEDERAL
U.S. Bureau of Land Management (BLM)
(1) Approval of Plan of Operations (Requires Environmental Assessment [EA] or EIS)
All activities on unpatented mining claims or involving right-of-way on federal land
120–180 days
If EIS required, could take 365 days or longer, Public notice required.
(2) Right-of-Way Permits
Road and Powerline access on federal land
30–180 days
Data in Plan of Operations and EA can be used for this application.
U.S. Environmental Protection Agency (EPA)
Review of State Water and Air Permits
Surface and groundwater discharge permits; Air Quality Permit
30–60 days review
Review capacity.
U.S. Army Corps of Engineers
Section 404 Permit
Any filling or dredging of wetland/riparian areas
90–180 days
If nationwide permit acceptable. Individual permit could take 365 days or longer.
STATE
Nevada Division of Environmental Protection (NDEP)
Air Quality Permits
(1) Air Quality Permit to Construct (ATC)
All aspects, including construction, that produce air contaminants, i.e., particulates, hydrocarbons, sulfur dioxide, etc.
Up to 95 days
Requires plans and specifications for air pollution control facility. Public notice/hearing required.
OCR for page 172
HARDROCK MINING ON FEDERAL LANDS
Agency
Permit/Approval
Facet of Project
Time Requirements
Comments
(2) Air Quality Permit to Operate (ATO)
All aspects, including construction, that produce air contaminants, i.e., particulates, hydrocarbons, sulfur dioxide, etc.
180 days to demonstrate compliance after start-up
No public notice required.
Water Quality Permits
(1) Water Pollution Control Discharge Permit
Mine, tailings, heap leach operation; review discharge and seepage potential.
Minimum of 165 days
Review of geotechnical design criteria to verify zero-discharge operation; Public notice required.
(2) National Pollution Discharge Elimination System (NPDES)
Any discharge of wastewater to surface water (i.e., sediment control facilities)
180 days
Review of geotechnical design; Public notice required.
(3) NPDES— Stormwater
Coverage by general mining storm water permit at each site
30 days
Review of site plan; No public notice required.
Solid Waste Disposal
Disposal of solid, non-toxic waste, i.e., garbage, construction waste, etc.
14–90 days prior to construction
Site location, design, and operation plan.
Reclamation Permit for a Mining Operation
Any surface-disturbing aspect of the project
OCR for page 173
HARDROCK MINING ON FEDERAL LANDS
Agency
Permit/Approval
Facet of Project
Time Requirements
Comments
Nevada Division of Water Resources (NDWR)
(1) Permit to Appropriate the Public Water
Use of surface and groundwater
90–180 days; prior to construction
Requires data regarding source of water and annual consumption; public notice required.
(2) Permit to Construct Tailings Dam
Any tailings dam over 10 feet high or impounding more than 10 acre-feet
45–120 days; prior to construction
Review of geotechnical design; no public notice required.
Nevada Division of Wildlife (NDOW)
(1) Industrial Artificial Pond Permit
All facets
To be determined
Regulate wildlife impacts and cyanide-related impacts.
(2) Dredging Permit
Removal of material from or placing material in wetlands
10 days; prior to operation
In conjunction with Army Corps of Engineers.
Nevada Division of Health/Consumer Protection Services
(1) Sewage Disposal Plans
Sewage system plans
5–30 days; prior to construction
No public notice required.
(2) Drinking Water Supply
Drinking water supply plans
5–30 days; prior to construction
No public notice required.
Nevada Division of Historic Preservation
Review project to determine impact on cultural resources
All surface disturbances
30–90 days; prior to operation
Submit legal description with map.
State Inspection of Mines
Notification of Opening or Closing of Mines
Mining
60–120 days
OCR for page 174
HARDROCK MINING ON FEDERAL LANDS
Agency
Permit/Approval
Facet of Project
Time Requirements
Comments
COUNTY
Planning Commission (varies from County to County)
Special Use Permit
All surface disturbances
60–120 days
Application should include detailed plan of operations.
Building Permit
Surface facilities
30–60 days
Must have prior approval from Nevada State Health Division.
SOURCE: Final EIS, Cortez Pipeline Gold Deposit, Nevada (BLM, 1996).
OCR for page 175
HARDROCK MINING ON FEDERAL LANDS
TABLE C-2 Zortman and Landusky Mine Extensions, Montana, March 1996
Agency
Permit, License, or Review
Authority
Purpose/Status
Montana Department of Environmental Quality
• State Operational Permit (Metal Mine Reclamation Act)
Title 82, Chapter 4, Part 3, et seq., MCA; ARM §26.4.101 et seq.
To allow mining while adequately providing for the subsequent beneficial use of the lands to be reclaimed. Approval is documented in a Record of Decision.
- Reclamation Bond
§82–4–338, MCA
Required of Proponent to assure sufficient reclamation funding is available at mine closure or abandonment.
- Monitoring Plans
§82–4–335(4)m, MCA
To assure compliance with state and federal environmental resource standards and criteria; coordinate with other governmental agencies.
• Open Cut Permit
§82–4–442 et seq., MCA
For excavation of shale and clay pits; includes reclamation plan and bond.
• Montana Pollutant Discharge Elimination System Permit (MPDES)
ARM 16.20.1301 et seq.
To control discharge (including stormwater runoff) to surface waters by setting water quality limitations and requiring self-monitoring. Conditions for MPDES permits for Zortman and Landusky mines are under negotiation in 1996.
• 401 Certification
Sec. 401, Federal Clean Water Act (33 USC 1341); Montana ARM 16.20.1701 et seq.
Require prior to the U.S. Corps of Engineers being able to issue a 404 Permit; and is applicable to all federal activities which results in a discharge to state waters.
• Permit for Construction and Operation of Air Contaminant Source
Montana Clean Air Act, ARM §16.8.11 et seq.
To control emissions of more than 25 tons per year of particulate matter.
OCR for page 176
HARDROCK MINING ON FEDERAL LANDS
Agency
Permit, License, or Review
Authority
Purpose/Status
U.S. Bureau of Land Management (2)
• Approved Plan of Operations
43 CFR §3809
To allow for mineral exploration and development on U.S. lands administered by BLM. Approval incorporates management requirements to minimize or eliminate effects on other BLM resources. Approval is documented in a Record of Decision.
- Monitoring Plans
43 CFR §3809
To assure compliance with state and federal environmental resource standards and criteria; coordinate with other governmental agencies.
- Reclamation Plan
43 CFR §3809; BLM Solid Minerals Reclamation Handbook No. H-3042–1
In coordination with DEQ, to ensure all reclamation activities meet the guidelines in the Resource Management Plan and BLM Manual Section 3042.
• Material Site Permit
43 CFR §3610; Mineral Material Regs.
Material sale contract to establish fair market value and reclamation procedures for limestone from proposed quarry.
U.S. Environmental Protection Agency
• Review and approve authority for various programs, including 404 permit
Section 309 of Clean Air Act; Clean Water Act; other environmental statutes
Various NEPA review, environmental enforcement and oversight authorities.
U.S. Army Corps of Engineers
• Section 404 Permit for placement of fill or dredge materials in wetlands or water of the U.S.
Section 404 of the Clean Water Act
To control discharge of dredge or fill material into waters or wetlands of the United States; including intermittent streams where a bed and bank are recognizable.
OCR for page 177
HARDROCK MINING ON FEDERAL LANDS
Agency
Permit, License, or Review
Authority
Purpose/Status
U.S. Fish and Wildlife Service
• Biological Assessment
Section 7, Endangered Species Act, Migratory Bird Act
For Endangered Species Act compliance. If it is determined that adverse effects would occur to threatened or endangered species as a result of the Zortman and Landusky Mine extensions, the lead agencies would consult with USFWS to determine if measures could be developed to protect the affected species.
Montana State Historic Preservation Office
• Review of project for compliance with regulations governing protection of cultural and historic resources
Section 106 of the National Historic Preservation Act; 36 CFR Part 800
If historical, archaeological, or other cultural resources are located in the project area, the State Historic Preservation Officer would advise the lead agencies on impact mitigation of sites eligible for nomination to the National Register of Historic Places.
Montana Department of Natural Resources and Conservation
• Water Rights Permit
Montana Water Use Act, Title 85, Chapter 2, MCA
Required if the Proposed Action would use or extract, through surface water diversion or groundwater withdrawal, state water in an amount exceeding 100 gallons per minute.
Phillips County
• Floodplain Development Permit
Title 76, Chapter 6, Part 113, MCA
Required for construction of facilities within designated 100-year floodplains.
Montana Hard Rock Mining Impact Board and “Affected” Local Government Units
• Fiscal Impact Plan
Hard Rock Mining Impact Act: Title 90, Chapter 6, Parts 3–4, MCA
To mitigate fiscal impacts on local government services; (not required for ZMI extensions).
Phillips County Conservation District
• 310 Permit
Natural Streambed and Land Preservation Act, Title 87, Chapter 5, Sections 501–509, MCA
For any activity that physically alters the bed or banks of a stream. MDFWP provides recommendations and consultation.
OCR for page 178
HARDROCK MINING ON FEDERAL LANDS
SOURCE: Final EIS Zortman and Landusky Mines, Reclamation Plan Modificationsand Mine Life Extensions, Montana (BLM/MDEQ, 1996).
NOTE: (1) It is the responsibility of the operator to have knowledge of, and obtain, any federal, state, or local permits, licenses, approvals, or reviews required by such entities for construction, operation, or closure of these projects. This table does not present an exhaustive list; several other actions will likely be required for project permitting. Expected hazardous materials for the Zortman/Landusky sites, including provisions for spills, are detailed in Sections 3.14 and 4.14.
(2) BLM, as the lead federal agency in the mine permitting action, and the steward for the federal lands impacted by the mining activities, would be responsible for ensuring that permitted actions comply with a number of federal statutes and regulations implementing those laws, including: the American Indian Religious Freedom Act (Public Law 95–341), the Archaeological Resource Protection Act (Public Law 96 –95); the National Historic Preservation Act (Public Law 89–665); the Archaeological and Historic Preservation Act (Public Law 93–291); and the Endangered Species Act (Public Law 93–205).
OCR for page 179
HARDROCK MINING ON FEDERAL LANDS
TABLE C-3 Twin Creeks Mine Project, Nevada, December 1996
Permit or Approval
Regulatory Agency
Plan of Operations and Mine Reclamation Permit Approval
U.S. Department of the Interior, Bureau of Land Management; Nevada Department of Conservation and Natural Reosurces, Division of Environmental Protection
Right-of-Way Permits
U.S. Department of the Interior, Bureau of Land Management
Review of EIS and Air Permits
U.S. Environmental Protection Agency
Section 404 Permit (Predischarge Notice)
U.S. Army Corps of Engineers
Artifical Pond Permit
Nevada Department of Conservation and Natural Resources, Division of Wildlife
Air Quality Surface Disturbance Permit; Air Quality Operating Permit
Nevada Department of Conservation and Natural Resources, Division of Environmental Protection
Water Pollution Control Permit; Renewal of National Pollutant Discharge Elimination System Permit; General Stormwater Discharge Permit; and Groundwater Protection Permit
Nevada Department of Conservation and Natural Resources, Division of Environmental Protection
Permit for Dam Construction; Permit to Appropriate Public Waters
Nevada Department of Conservation and Natural Resources, Division of Water Resources
Review Project to Determine Impact on Cultural Resources
Nevada Division of Historic Preservation
Special Use Permit
Humboldt County
SOURCE: Final EIS, Twin Creeks Mine, Nevada (BLM, 1996b).
OCR for page 186
HARDROCK MINING ON FEDERAL LANDS
Agency
Item/Permit
Description
Submittal Data
Likely Permit Specifications/ Comments
STATE OF UTAH
Department of Environmental Quality
Division of Water Quality
Groundwater Discharge Permit
This permit is required for all activities having the potential to affect groundwater. Primacy action for EPA under provisions of CWA
A permit application is required that shows all water-discharging facilities and their design, along with proposed monitoring requirements.
Compliance with all Federal, Sate and local water quality parameters or site-specific standard based upon groundwater monitoring.
Stormwater Approval Order
To satisfy stormwater permitting requirements on the state and federal land. Primacy action for EPA under provisions of CWA.
Construction and operation permit required for stormwater discharges. Application fees required.
BMPs (Best Management Practice) would be required.
Division of Air Quality
Air Quality Approval Order
Required for the construction of any facility or activity that may emit both a point source and a fugitive emission.
Submit permit dust control plan application that describes volume of through put and the location of proposed disturbance activities.
For compliance with Federal and State air quality point source requirements for both mining operation and powerline construction.
Division of Drinking Water
Public Water Supply Permit
Required for projects with more than 25 employees.
This permit requires design and control systems for clean drinking water, septic tanks, leach fields, and a review of any proposed landfill at the project area.
Includes regular monitoring of an on-site water supply or purchase orders if drinking water is provided from an outside source.
Division of Environmental Response and Remediation
Permits for Underground Storage Tanks
Permits required if underground storage tank or tanks are proposed.
Design specification of proposed tanks along with a description of the hydrology of the project area.
Independent monitoring and leak detection would be required.
OCR for page 187
HARDROCK MINING ON FEDERAL LANDS
Agency
Item/Permit
Description
Submittal Data
Likely Permit Specifications/ Comments
Division of Radiation Control
Radiation Control Permit
For the operation of equipment with radioactive material.
The specifications of the proposed equipment, the location of proposed equipment, and training and responsible party information.
Annual reporting and calibration reports.
Division of Solid and Hazard Waste
Resource Conservation and Recovery Act (RCRA) Permit
Permit to build and operate any type of solid waste disposal facility.
An analysis and characterization of all proposed waste products that would be disposed of (this may include waste dump material).
If there is hazard constituency to the proposed solid waste, there may be a requirement for lime facilities. There would be a requirement for annual reporting of volume placed in the facilities.
Department of Natural Resources
Division of Oil, Gas, and Mining
Notice of Intent to Conduct Mining Operations Approval of Bonding
A proposed plan of mining operations, reclamation plan, and environmental impacts.
An application fee, environmental description, a mining plan, and reclamation plan.
Annual reporting requirements of production as well as reclamation activities and bonding requirements. An MOU is in place with the BLM to address bonding and other issues.
Division of State Lands and Forestry (2)
Lease
Must address all impacts on state lease lands.
Plan of Operations, reclamation plan, proposed bond to guarantee reclamation, and a schedule.
Annual fees and a report on throughput and reclamation activities.
Division of Water Rights
Water Right Permit
This permit requires an appropriation for a beneficial use, of which mining is considered to be a primary use.
A filing fee, well location, and information on surrounding appropriations.
Annual reporting requirements of volume of water used, and water level monitoring.
OCR for page 188
HARDROCK MINING ON FEDERAL LANDS
Agency
Item/Permit
Description
Submittal Data
Likely Permit Specifications/ Comments
Impoundment Permits
Approval for any impoundment (dam) or the storage of water or solution.
Impoundment design specifications.
Leak detection monthly, quarterly, and annual reports as well as water level information.
Division of Wildlife Resources
Vegetation and Wildlife Impacts
Review of mining impacts on Federal and State listed sensitive species, as well as threatened and endangered species.
Information on surface disturbances, as well as a review of the reclamation plan to ensure compliance with surrounding vegetation and wildlife utilization; as a part of the EIS.
No formal permit required. Recommendations for mitigation may be incorporated in final BLM/DOGM approvals.
Other Agencies
Utah State Historic Preservation Office
Compliance with the NHPA
A review of project area for significant archaeological and historic sites.
A cultural resources report showing the results of literature review, field surveys, and NRHP (National Register of Historic Places) significance evaluation.
Mitigation of any potential adverse effects to Federal and State significant sites.
Local Health Department
Septic Permit
Sanitation disposal permit.
Construction details with design capacities must be reviewed and approved by regional (state) health representative.
Facility must be sized adequately to successfully treat/handle sanitary waste.
SOURCE: Final EIS, Lisbon Valley Copper Project, Utah (BLM, 1997b).
NOTES: (1) Adapted from information provided by Summo USA Corporation. This list may not be all-inclusive; the operator is responsible for securing all the necessary permits and approvals for the project. (2) Mining activities that would occur on State lease lands. Division of Oil, Gas, and Mining has primary state lead on review of mine plan, reclamation plan, and bonding.
OCR for page 189
HARDROCK MINING ON FEDERAL LANDS
TABLE C-7 Olinghouse Mine, Regulatory Responsibilities
Authorizing Action/Permit/Regulatory Requirement
Regulatory Agency
Plan of Operations
U.S. Department of the Interior, Bureau of Land Management (BLM)
National Environmental Policy Act
BLM and Environmental Protection Agency (EPA)
National Historic Preservation Act
BLM and Nevada State Historic Preservation Office
Native American Graves Protection and Repatriation Act
BLM
American Indian Religious Freedom Act
BLM
Environmental Justice
BLM
Clean Water Act (Section 404)
U.S. Army Corps of Engineers (USCOE)
High Explosive License/Permit
Bureau of Alcohol, Tobacco, and Firearms
Industrial Artificial Pond Permit
Nevada Division of Wildlife (NDOW)
Water Appropriation Permits
Nevada State Engineer, Nevada Division of Water Resources
National Pollution Discharge Elimination System (NPDES) Permit
Nevada Division of Environmental Protection (NDEP)
401 Certification
NDEP
Surface Disturbance Permit (Air Quality)
Washoe County Health Department, Air Quality Division
Permit to Construct (Air Quality)
Washoe County Health Department, Air Quality Division
OCR for page 190
HARDROCK MINING ON FEDERAL LANDS
Authorizing Action/Permit/Regulatory Requirement
Regulatory Agency
Permit to Operate (Air Quality)
Washoe County Health Department, Air Quality Division
Water Pollution Control Permit
NDEP
Mine Reclamation Permit
NDEP
Solid Waste Disposal Permit
NDEP
Potable Water
NDEP
Sewer System Approvals
Nevada Department of Health, NDEP
Safety Plan
Mine Safety and Health Administration (MSHA)
Threatened and Endangered Species Act
U.S. Fish and Wildlife Service (USFWS)
Hazardous Materials Permit
Nevada State Fire Marshal
Special Use Permit
Washoe County
Building Permit(s)
Washoe County
Encroachment Permit
Nevada Department of Transportation (NDOT)
SOURCE: Final EIS, Olinghouse Mine, Nevada (BLM, 1998).
OCR for page 191
HARDROCK MINING ON FEDERAL LANDS
TABLE C-8 Yarnell Project, Arizona, June 1998: Regulatory Compliance Summary
Regulatory Agency
Law, Regulation, Permit, Document
Requirements
U.S. FEDERAL AGENCIES
Bureau of Land Management
Federal Land Policy and Management Act
Approved operations conform to FLPMA requirements
Mining Plan of Operations (MPO)
Approval by the BLM and reclamation bonding
Use and Occupancy Regulations
Concurrence with regulations
Reclamation Plan Requirements
Development, approval of reclamation plans and financial security
Cyanide Management Plan 1992
Compliance with operational guidelines; required inspections
NEPA Environmental Analysis
EIS prepared by the BLM as lead agency and Record of Decision on MPO
Authorization of water supply facilities on federal land
Approval as part of the MPO
Endangered Species Act
Biological assessment and consultation with U.S. Fish and Wildlife Service
Migratory Bird Treaty Act of 1918
Protection of migratory birds
Executive Order 11990
Protection of wetlands
National Historic Preservation Act
Evaluation and consideration of project effects on properties eligible for the National Register of Historic Places, Native American consultations
Executive Order 12898
Environmental justice in minority and lower income populations
Executive Order 13007
Consideration of project effects on Indian sacred sites
Department of Interior Secretarial Order 3175
Consideration of project effects on Indian Trust Resources
OCR for page 192
HARDROCK MINING ON FEDERAL LANDS
Regulatory Agency
Law, Regulation, Permit, Document
Requirements
U.S. Environmental Protection Agency (EPA)
National Pollutant Discharge Elimination System (NPDES) Permit (Clean Water Act)
Permit required to discharge to surface water from point sources other than process areas using cyanide
NPDES Stormwater Discharge Permit (Clean Water Act)
Permit and Stormwater Pollution Prevention Plan required for monitoring and best management practices to reduce stormwater pollution discharge
Section 404 Permit (Clean Water Act)
Consultation and oversight responsibilities with COE
NEPA Environmental Analysis
Cooperating agency in preparation of EIS
40 CFR 112 Spill Prevention Control and Counter-measures (SPCC)
SPCC Plan required for inspection of petroleum storage and dispensing facilities and actions to be taken in the event of a release of oil or fuel on-site
Clean Air Act
Review and concurrence of state issued permit
U.S. Army Corps of Engineers (COE)
Section 404 Permit
Wetland and jurisdictional waters delineation, protection, and mitigation
U.S. Fish and Wildlife Service (USFWS)
Endangered Species Act
Threatened or endangered species evaluation
Fish and Wildlife Coordination Act
Consultation with COE on Clean Water Act Section 404 Permit
Mine Safety and Health Administration (MSHA)
Health and safety regulations
Training and compliance during operations
OCR for page 193
HARDROCK MINING ON FEDERAL LANDS
Regulatory Agency
Law, Regulation, Permit, Document
Requirements
STATE OF ARIZONA AGENCIES
Department of Environmental Quality (ADEQ)
Air Quality Division
Air Installation Permit/Permit to Operate (Clean Air Act)
Permit related to construction and operational activities
Aquifer Protection Permit Unit
Clean Water Act
Section 401 Water Quality Certification
Aquifer Protection Permit
Permit specifying process solution containment features and monitoring requirements for groundwater protection
Contingency Plan required for actions to take in the event of a release of chemicals or process water from the site facilities
Department of Agriculture
Salvage or Removal Permit
Salvage or removal of protected native plants
State Historic Preservation Office (SHPO)
National Historic Preservation Act
Evaluation of project effects on cultural and historic resources
Mine Inspector's Office
Arizona Mining Code
Training and operations to conform to regulations
Mined Land Reclamation Act
Reclamation/mine closure/bonding
Department of Transportation
Use Permit
Detailed traffic control plan to coordinate emergency services
Department of Public Safety
Notification required for state highway closure
Notification to State Patrol required to stop traffic on Highway 89 for blasting
OCR for page 194
HARDROCK MINING ON FEDERAL LANDS
Regulatory Agency
Law, Regulation, Permit, Document
Requirements
STATE OF ARIZONA AGENCIES
Department of Environmental Quality (ADEQ)
Air Quality Division
Air Installation Permit/Permit to Operate (Clean Air Act)
Permit related to construction and operational activities
Aquifer Protection Permit Unit
Clean Water Act
Section 401 Water Quality Certification
Aquifer Protection Permit
Permit specifying process solution containment features and monitoring requirements for groundwater protection
Contingency Plan required for actions to take in the event of a release of chemicals or process water from the site facilities
Department of Agriculture
Salvage or Removal Permit
Salvage or removal of protected native plants
State Historic Preservation Office (SHPO)
National Historic Preservation Act
Evaluation of project effects on cultural and historic resources
Mine Inspector's Office
Arizona Mining Code
Training and operations to conform to regulations
Mined Land Reclamation Act
Reclamation/mine closure/bonding
Department of Transportation
Use Permit
Detailed traffic control plan to coordinate emergency services
Department of Public Safety
Notification required for state highway closure
Notification to State Patrol required to stop traffic on Highway 89 for blasting
OCR for page 195
HARDROCK MINING ON FEDERAL LANDS
TABLE C-9 Yarnell Mining Project, Arizona, June 1998: Sigificant Issues Raised During Scoping
Issue Category
Issues
Water Resources
Impacts on the quality of surface waters in the watershed, both during the life of the mine and after the mine closes
Potential changes to the quantity of surface water flows as a result of groundwater pumping by the mine
Impacts on the quality of groundwater and water in wells in Glen Ilah, Yarnell and the surrounding area, both during the life of the mine and after the mine closes
Potential for depletion of the water table and wells as a result of groundwater pumping
Potential accumulation of water in the mine pit and the quality of that water during the life of the mine and after the mine closes
Air Quality
Impacts resulting from dust, fumes, and chemical emissions
Potential for cyanide emission release
Public health issues associated with airborne transmission of disease, dust, or emissions
Blasting
Impacts on the stability of natural features including boulders and aquifer systems
Potential for damage to residences, utility lines, and roads
Noise
Impacts on public health and the quality of life in the nearby communities
Visual Resources
Impacts on views from residences and Highway 89 during the life of the mine and after the mine closes
Effects of lighting on the night sky
Public Safety and Transportation
Potential hazards created by truck traffic and the transport and storage of hazardous materials
Potential hazards to motorists from blasting
Effects of road closures on access to medical and emergency services by area residents
OCR for page 196
HARDROCK MINING ON FEDERAL LANDS
Issue Category
Issues
Socioeconomic Conditions
Impacts on property values
Impacts on employment and income
Impacts on local businesses
Impacts on tourism
Impacts on tax revenues
Impacts on crime rates
Potential for increased demand on local services from possible influx of mine employees
Disruption of quality of life from noise, visual impacts, night lighting, or other aspects of the mine operation
Closure and Reclamation
Adequacy of bonding to ensure completion of reclamation
Effectiveness of proposed reclamation plan and monitoring measures
Biological Resources
Impacts to wildlife and wildlife habitata
Impacts to threatened or endangered species
Potential wildlife mortality from exposure to hazardous substances
Impacts on vegetation including riparian zones along Antelope Creek
Cultural Resources
Impacts on prehistoric or historic sites and roads
Land Use
Impacts on livestock grazing, other land uses and access routes
SOURCE: Draft EIS, Yarnell Mining Project, Arizona (BLM/EPA 1998).
Items in cart [1]
