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



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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

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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.

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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.

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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  

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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  

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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).

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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.

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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.

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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.

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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).

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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).

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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.

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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.

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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.

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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

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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).

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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

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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

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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

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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

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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

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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).