SIRG is currently jumping through the BLM hoops for the permitts from the office in Kingman. For those who would like to know more about this process here is a good site.
What do a “Notice,” a “Notice of Intent,” a “Notice of Intent to Hold,” a “Start Up Notice,”
a “Notice of Intent to Drill” and a “Notice of Start, Stop and Move” have in common? They
are all filings you will probably need to make with regulatory agencies. To add to the confusion, they are all referred to simply as “Notices” by the respective agencies if you intend to mine in Arizona. The purpose of our “Mining Summit” series is to end this confusion and streamline the permitting process. After our first summit, we identified a need to improve communication between the regulatory agencies and the public. We also felt the need to provide the citizens of Arizona with a clear picture of the rigorous permitting process for mines in our state. This document serves as the first step in achieving our overall goals. While serving as an aid to operators, we intend this document to open communications among agencies. We hope if individual agencies have a clear picture of the entire regulatory process, they will spot areas where cooperation will streamline the permitting process while enhancing environmental safeguards. This document is an honest attempt to present all the permits that may be required by a mining operator in Arizona. Despite our best efforts, it is probably not complete. As an operator, it is your responsibility to obtain all necessary permits. Guides such as this will help, but we recommend you contact the federal, state, county and local agencies in the area where you plan to locate your operations. In addition to listing and describing the permits you may need, we have also provided suggestions on how to navigate the permitting process. Our suggestions focus on two crucial elements: 1) Have a good, well thought out exploration or mine plan, and 2) Communicate with regulatory agencies. Communication is essential and will save you time, money and frustration in permitting your operations. The preparation of this text involved considerable effort. It is important that all of us, agencies, operators and concerned citizens alike - make an effort to keep it current and accurate. Permitting Suggestions The following procedures are highly recommended. Although not required by law or regulations, these steps will assure a greater degree of success in obtaining your necessary permits. As each situation has unique circumstances, some deviations from the following steps may be required. Step 1 Ask questions. This is the single most important step in the process. Before submitting any applications, consult with all of the permitting agencies to determine exactly what is required in a complete permit application. Inquire about background and baseline environmental data. This is very important because much of this data can only be collected over time, often during
specific seasons and can greatly affect the operation start-up date. Step 2 Develop a thorough exploration or mine plan (or notice) and project description. The exploration or mine plan
(or notice) should contain all of the information required for as many permit applications as possible. Use this document as the basis for a single permit application package. Remember, it is better to send an agency more information about the project than is needed, rather than not enough. Incomplete applications ALWAYS SLOW DOWN THE PROCESS. Do not expect or depend on the permitting agency to do significant design or engineering work
to complete your application. Agencies are generally staffed to perform review work a nd asking them to “fill in the blanks” in your design is often more work than they are prepared to handle. Assemble your exploration or mine plan (or notice) in a three-ring binder. Further into the process
, you will be required to make changes and a 3-ring binder will make changing pages easy. Use decimal page numbers (eg. Page 1, 1.1, 2, 2.1 etc.). As changes are made, decimal page numbers will prevent you from changing the entire document simply to correct page numbers. For instance, if design elements on page 11 change, and this requires you to replace page 11 with 3 pages, number them 11, 11.1, and 11.2. Simply submit these new pages with a cover letter to each agency who has a copy of your exploration or mine plan (or notice) requesting that page 11 be replaced with the new pages.
As agencies review your exploration or mine plan (or notice) it is a certainty that one or more of them will require more information or will ask specific questions about your proposal. Be prompt with your response and provide all of the information requested. Remember, when an agency asks for this type of information, your application is often “put on hold” until the information is received. Step 3 Apply for as many permits as your operation may require as soon as possible. This is
particularly true for agencies that must employ a public notification and disclosure process as part of the permitting process. Federal agencies are required to perform a National Environmental Policy Act (NEPA) review. This process, for example, is required by law for each agency and involves specific time frames required for all applications. Submitting applications to the Bureau of Land Management, Forest Service, Environmental Protection Agency and Army Corps of Engineers at the same time allows these agencies to coordinate their NEPA review, saving time and money. Step 4 During the permitting process, avoid making changes to your project, other than those requested by the permitting agencies. Making radical design changes often sets the permitting process back to the beginning. Remember, it is your responsibility to have a well designed, complete exploration or mine plan (or notice) that you believe will work. While some agencies are required by regulation to assist you in the development of such a plan, this greatly slows the process and can add significantly to the overall processing time. DO NOT ATTEMPT TO DESIGN YOUR ENTIRE OPERATION DURING THE PERMIT APPLICATION PROCESS. Step 5 Changes to the exploration or mine plan (or notice) will be inevitable; be prepared. As your plan is studied by the agencies, certain modifications and/or design changes will be suggested or mandated by the permitting agency. When you are notified that such changes are required, consult with the agency as soon as possible. REMEMBER TO KEEP ALL OF THE AGENCIES REVIEWING YOUR EXPLORATION OR MINE PLAN (OR NOTICE) I NFORMED OF ANY CHANGES YOU MAKE. Each agency must have a complete and u p-to-date version of your proposal. Communications between the agencies is essential and you should take every opportunity to enhance communications. Step 6 Finish by obtaining as many of the permits you need at the same time. Remember, generally, you cannot begin your operation until you have obtained all necessary permits. Unless you have all of your permits, having most of them is of very little benefit. Step 7 Read and understand the conditions and requirements of your specific permits. It is essential
that your operations conform to these conditions and requirements at all times. Step 8 Keep your exploration or mine plan (or notice) “alive.” Often, as operations proceed, there
are better ways of doing things. By submitting exploration or mine plan (or notice) changes using the procedures in Step 2, you can amend or modify your exploration or mine plan (or notice) as conditions dictate. Be advised, however, that individual state or federal permitting agencies may require you to modify your permits when mine plan (or notice) changes are proposed. Consult with these agencies early when planning changes to your operation. Overview of Major Federal Environmental Laws The following is a brief overview of the major federal laws, presented in chronological order, affecting the permitting of mining operations. Migratory Bird Treaty Act of 1918. 16 U.S.C. §§ 703 et. seq. It is unlawful to hunt, take, capture, kill, possess, import or export any migratory birds. This
includes most songbirds, doves, birds of prey and waterfowl. Any person found guilty can be a rrested. The fine for this misdemeanor is $500 or up to six months in jail. Persons pursuing mining activities including cyanide, acid, oiled ponds or sumps that result in take or kill could be subject to the above penalties.
National Historic Preservation Act of 1966. 16 U.S.C §§ 470 et. seq. The Act establishes that prior to the commencement of construction on any project licensed or
funded by the federal government, a cultural resource inventory is required. If the inventory reveals that the project may cause irreparable loss or destruction of significant scientific, prehistoric, historic or archeological resources further studies are required. Discoveries of important resources may prohibit the project from proceeding as planned. Refer to the section titled “Section Cultural Resources” in this handbook for more information.
National Environmental Policy Act of 1969 (NEPA). 42 U.S.C. §§ 4321 et. seq. This law serves a fundamental role in environmental protection. The purpose of the Act is to declare
a national policy which will encourage productive and enjoyable harmony between man and his environment and to establish a Council of Environmental Quality. NEPA forms the basis of the federal government’s decision making process by requiring full and complete disclosure of the i mpacts of the proposed action on the human environment.
Generally, the NEPA process begins with an initial review of the project. If the project proposed does not have readily apparent environmental consequences and is not categorically excluded from the NEPA analysis, the agency will prepare an Environmental Assessment (EA). This document analyzes the environmental impacts of the Finding of No Significant project and ends with either a Impact (FONSI) or a finding that there are significant impacts, which requires the preparation of an Environmental Impact Statement (EIS) with full public disclosure of those impacts. A FONSI would lead to the approval of the proposal without further NEPA analysis.
If the agency anticipates that a n undertaking may significantly effect the environment, or if a project is environmentally controversial, the agency may choose to prepare an EIS without first preparing an EA.
NEPA is not the decision making authority, it is the disclosure authority. Other statutes provide the basis for making the “decision” based on the NEPA analysis. Overview of Major Federal Environmental Laws - Clean Air Act of 1970 with amendments in 1977 and 1990. 42 U.S.C. §§ 7401 et seq. The Act establishes implementation plans for National primary and secondary Ambient Air Quality
Standards (NAAQS), permit requirements, performance standards for new primary sources, emission standards for new hazardous air pollutants, air toxic standards and restriction preventing significant deterioration of clean air areas. Pollutant emissions from such sources as conveyor belts, wash plants, mills, smelters, refineries and fugitive dust from mining operations makes the mining industry subject to the provisions of the Act. Refer to Section 5 (Air Quality Permits) in this handbook for more information. Penalties: civil up to $25,000 per day per violation, criminal penalties up to $25,000 per day per violation and/or one year in jail, doubling on the second offence. Endangered Species Act of 1973. 7 U.S.C. §§ 136; 16 U.S.C. §§ 1531 et seq. Section 7 of the Act requires that all federal departments and agencies shall take such action as is
necessary to ensure that actions authorized, funded or carried out by them do not jeopardize the continued existence of endangered species and threatened species or results in the destruction or modification of habitat of such species which is determined to be critical. Civil penalties for violation of provisions under ESA range up to $25,000. Criminal penalties reach up to $50,000 and one year in prison. Refer to the Section 13 (Wildlife) in this handbook for more information. Safe Drinking Water Act of 1975. 43 U.S.C. §§ 300f et seq. The Act requires that national health standards be established for water quality in public water
systems. The Act sets drinking water standards and standards applicable to public water systems.
A mine would have to comply with the Act if it provides water to more than 15 service connections or if the system regularly services at least 25 individuals on a daily basis, including miners, 60 days out of the year. The Act also provides for the protection of underground drinking water sources. Underground injections which could endanger underground drinking sources are tightly regulated.
Refer to the entries titled “Aquifer Protection Permits” and “Underground Injection Control Permits” in this handbook for more information. Federal Land Policy Management Act of 1976. 43 U.S.C. §§ 1701 et seq. The Act provides the basis for the Bureau of Land Management (BLM) surface management
regulations 43 CFR 3809. It directs the Secretary of the Interior to take any action necessary by regulation or otherwise to prevent unnecessary or undue degradation of the public lands. The Act provides the basis for mining claim surface management regulations. It also set forth the requirements for mining claim recordation.
Section 302 (Title 3) of the Act allows the Secretary of the Interior to authorize use, occupancy, and development for federal lands. This section provides the foundation for the BLM’s 43 CFR 3715 Mining Claim Use and Occupancy regulations.
Resource Conservation and Recovery Act of 1976 (RCRA). 42 U.S.C. §§ 6901 et seq. Management of solid wastes, including those generated by the minerals industry, are regulated under
RCRA. RCRA is designed to provide a “cradle to grave” management of solid wastes disposed of through land disposal. Regulations promulgated under RCRA are at 40 CFR 240. RCRA uses a very broad definition of “solid waste.” Because of this broad definition, essentially
all mining, minerals processing and materials recycling operations fall under the jurisdiction of the Act. Most waste materials used in ancillary minerals production facilities such as shops and warehouses producing such wastes as used oil, solvents and shop wastes are regulated under the Act. A 1980 amendment, the Bevill Amendment, specifically excluded solid wastes from the extraction,
benefication and processing of ores and minerals from regulations as hazardous wastes under the Act. In 1988 a court decision stated that Congress did not Act. In 1988 a court decision stated that Congress did not intend the Bevill Amendment to include waste streams from smelting and refining operations. The Amendment applies only to large volume, low hazard waste such as mine overburden, waste rock, leaching residues and mill tailings. Other waste streams, such as those from refineries and smelters are probably regulated under the Act.
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