Hardrock Mining on Federal Lands (1999)

Chapter: Appendix C: Existing Regulatory Requirements

Previous Chapter: Appendix B: Potential Environmental Impacts of Hardrock Mining
Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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

 
Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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

 
Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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).

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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).

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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).

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

TABLE C-4 Crown Jewel Mine, Washington, January 1997

FEDERAL GOVERNMENT

Forest Service

  • Plan of Operations

  • Special Use Permits (Right-of-Way, etc.)

Bureau of Land Management

  • Plan of Operations

  • Special Use Permits (Right-of-Way, etc.)

U.S. Army Corps of Engineers

  • Section 404 Permit—Federal Clean Water Act (Dredge and Fill)

Environmental Protection Agency

  • Spill Prevention Control and Countermeasure (SPCC) Plan

  • Review of Section 404 Permit

  • Notification of Hazardous Waste Activity (1)

U.S. Fish and Wildlife Service

  • Threatened and Endangered Species Consultation (Section 7 Consultation)

Federal Communications Commission

  • Radio Authorizations

Treasury Department (Department of Alcohol, Tobacco, and Firearms)

  • Explosives User Permit

Mine Safety and Health Administration

  • Mine Identification Number (1)

  • Legal Identity Report (1)

  • Miner Training Plan Approval

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

STATE OF WASHINGTON

Washington Department of Ecology

  • National Pollutant Discharge Elimination System (NPDES)/Construction Activities Stormwater General Permit

  • State Waste Discharge Permit

  • Water Quantity Standards Modification

  • Water Quality Certification (Section 401—Federal Clean Water Act)

  • Dam Safety Permits

  • Reservoir Permit

  • Permit to Appropriate Public Waters

  • Changes to Existing Water Rights

  • Notice of Construction Approval (Air Quality)

  • Air Contaminant Source Operating Permit

  • Prevention of Significant Deterioration (PSD)—(Air Quality) (2)

  • Dangerous Waste Permit (2)

Washington Department of Natural Resources

  • Surface Mine Reclamation Permit

  • Forest Practice Application

  • Burning Permit (Fire Protection)

Washington Department of Fish and Wildlife

  • Hydraulic Project Approval

Washington Department of Community Development, Office of Archaeology and Historic Preservation

  • Historic and Archaeological Review (Section 106 National Historic Preservation Act of 1966)

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

Washington Department of Health

  • Sewage Disposal Permit

  • Public Water Supply Approval

Washington Department of Labor and Industries

  • Explosive License

  • Safety Regulation Compliance (1)

LOCAL GOVERNMENT

Okanogan County Planning Department

  • Shoreline Substantial Development Permit

  • Conditional Use Permit/Zoning Requirements

  • Building Permits

  • Maximum Environmental Noise Levels (1)

  • Socioeconomic Impact Analysis Approval (County Commissioners)

  • Growth Management Critical Areas Regulations

Okanogan County Health District

  • Solid Waste Handling

  • Septic Tanks and Drain Field Approval

Okanogan County Public Works Department

  • Road Construction and/or Realignment

Okanogan Public Utility District (PUD)

  • Power Service Contract

SOURCE: Final EIS, Crown Jewel Mine, Washington (Forest Service/WSDE,1997)

NOTES: (1) Performance standard/requirement—No formal permit necessary.

(2) Potential permit—At this time, these permits are not anticipated for the Crown Jewel Project.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

TABLE C-5 Ruby Hill Project, Nevada, January 1997

Permit/Approval

Granting Agency

Approval of Plan of Operation

Bureau of Land Management

Surface Disturbance Permit (Air Quality)

Nevada Department of Conservation and Natural Resources, Division of Environmental Protection, Bureau of Air Quality

Permit to Operate (Air Quality)

Nevada Department of Conservation and Natural Resources, Division of Environmental Protection, Bureau of Air Quality

Water Pollution Control Permit

Nevada Department of Conservation and Natural Resources, Division of Environmental Protection, Bureau of Mining Regulation and Reclamation

Reclamation Permit

Nevada Department of Conservation and Natural Resources, Division of Environmental Protection, Bureau of Mining Regulation and Reclamation

Permit to Appropriate Water

Nevada Department of Conservation and Natural Resources, Division of Water Resources

Industrial Artificial Pond Permits

Nevada Department of Conservation and Natural Resources, Nevada Division of Wildlife

Approval to Operate Sanitary Landfill

Nevada Department of Conservation and Natural Resources, Division of Environmental Protection, Bureau of Solid Waste

General Discharge Permit (Stormwater)

Nevada Department of Conservation and Natural Resources, Division of Environmental Protection, Bureau of Water Pollution Control

Hazardous Materials Storage Permit

State of Nevada, Fire Marshal Division

SOURCE: Final EIS, Ruby Hill Project, Nevada (BLM, 1997a).

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

TABLE C-6 Lisbon Valley Copper, Utah, February 1997

Agency

Item/Permit

Description

Submittal Data

Likely Permit Specifications/ Comments

FEDERAL

U.S. Bureau of Land Management

POO, EIS

Environmental report including all aspects of operation, environmental and socioeconomic impacts, and mitigation.

Submittal data include air quality, areas of critical environmental concern, cultural resources, prime or unique farmlands, floodplains, Native American religious concerns, threatened or endangered species, solid and hazardous waste, water quality, wetlands and riparian zones, wild and scenic rivers, wilderness, paleontology, and other issues.

BLM as lead agency. Because of the location, and environmental sensitivity of the project, an EIS is required. A permit is not issued; approval of a selected alternative is granted in the form of Record of Decision (ROD). The BLM has a Memo of Understanding (MOU) with the Utah Division of Oil, Gas and Mining (UDOGM) concerning mine permitting and bonding.

Right-of-Way

Right-of-Way grant required for authorization of power line.

PacifiCorp submitted Right-of-Way application specifying location and use.

Avoid cultural resource sites during construction.

U.S. Environmental Protection Agency

National Pollution Discharge Elimination System, (NPDES)—Water Quality

Must comply with surface and groundwater quality standards for discharge and non-discharging systems. State of Utah Department of Environmental Quality has EPA primacy for issuance of these permits.

Application fee and a characterization of baseline conditions, surface water, and groundwater hydrology.

To control discharge of metals and other potential effluents. Monitoring of discharge and reporting would be required.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

Agency

Item/Permit

Description

Submittal Data

Likely Permit Specifications/ Comments

 

Prevention of Significant Deterioration (PSD)—Air Quality

Permit is required if the operation of the proposed facility would emit greater that 250 tons of both point source and fugitive emissions from the facility. State of Utah Department of Environmental Quality has EPA primacy for issuance of these permits.

This environment evaluation includes all climatology and air quality data and identification and evaluation of all sources of fugitive and point source emissions, and a modeling of those emissions to project air quality impacts.

A permit is issued to control emissions of hazardous air pollutants, visible emissions, particulate emissions, and sulfur emissions. Monitoring and reporting is required.

U.S. Fish and Wildlife Service

Threatened and Endangered Species

Must prepare Biological Opinion based on projected impacts to threatened and endangered species in area of project. Comply with Section 7 consultation with ESA.

Preparation of Biological Assessment by BLM precedes Formal Section 7 consultation conducted as a part of EIS.

A permit is not issued; USFWS and State wildlife agencies use EIS as resource document to demonstrate compliance.

U.S. Mine Safety and Health Administration

Safety Permit

Must address operational safety issues.

Compliance with health and safety requirements

Identification number assigned.

U.S Army Corps of Engineers

Section 404 Permits—Dredge and Fill Activities in Watercourses

Provides protection for wetlands by regulating dredged or fill disturbances.

Submit water quality and other environmental data and development data.

Required for stream diversions and wetlands disturbance; compliance with Nationwide Permit 26.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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.

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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).

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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

Suggested Citation: "Appendix C: Existing Regulatory Requirements." National Research Council. 1999. Hardrock Mining on Federal Lands. Washington, DC: The National Academies Press. doi: 10.17226/9682.

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).

Next Chapter: Appendix D: Research Needs
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