Mining Environmental Handbook: Effects of Mining on the Environment and American Environmental Controls on Mining

MINING ENVIRONMENTAL HANDBOOK Effects of Mining on the Environment and American Environmental Controls on Mining MINI...

Author: J. J. Marcus

344 downloads 2033 Views 78MB Size Report

This content was uploaded by our users and we assume good faith they have the permission to share this book. If you own the copyright to this book and it is wrongfully on our website, we offer a simple DMCA procedure to remove your content from our site. Start by pressing the button below!
Report copyright / DMCA form

DOWNLOAD PDF

MINING ENVIRONMENTAL HANDBOOK Effects of Mining on the Environment and American Environmental Controls on Mining

MINING ENVIRONMENTAL HANDBOOK Effects of Mining on the Environment and American Environmental Controls on Mining

Editor

Jerrold J Marcus San Mateo, USA

Imperial College Press

Published by

Imperial College Press 51 6 Sherfield Building ImperiaI Collcgc London SW7 2AZ Distributed by

World Scientific Publishing Co. Pte. Ltd. P 0 Box 128. Farrer Road, Singapore 912805 USA @ae: Suite IB, I060 Main Street, River Edge, NJ 07661 UK office: 57 Shelton Street, Covent Garden, London WCW 9HE

British Library Cataloguing-in-PublicationData A catalogue record for this book is available h m the British Library.

MINING ENVIRONMENTAL HANDBOOK: EFFECTS OF MINING ON THE ENVIRONMENT AND AMERICAN ENVIRONMENTAL CONTROLS ON MINING Copyright 0 1997 by Imperial College Press All rights reserved. This book, orparts thereof; may not be reproduced in any form or by any meuns, electronic or mechanical, including photocopying, recording or any information storage and retrieval system now known or to be invented, without written permission from the Publisher.

For photocopying of material in this volume, please pay a copying fee through the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA. In this case permission to photocopy is not required from the publisher.

ISBN 1-86094-029-3

Printed in Singapore.

PREFACE

Most people who donated their efforts on this Handbook are readily identified either as Editors or Contributing Authors. Without them, it would have never been completed. However, quite a few individuals, in addition and otherwise unlisted, provided essential services and their generous dedication demands identification. A prime example are the executive assistants, secretaries, and computer specialists who graciously helped: the most notable examples are Mary Curto, Linda Duff, Roger Dyas, Cheryl Gross, Eva Miller, Pam Olson, Gill Porter, Leslie Wells, Eric Zahl, and Tammy Van Zyl. Lou Prosser of the now defunct U.S. Bureau of Mines especially contributed continually and in many ways as also did Ivan Uranowitz and Bill Mote of the Northwest Mining Association and Tom Hilliard of the Minerals Policy Committee. Clayton Pam and Marghret Van Buskirk provided critical input into Chapter 2. Michael Drozd, Ray Lowrie, and Alan Gilbert were always willing to lend an extra hand as needed (Alan, at times, even lent two}. Other "White Knights" of note include Lou Cope, Keith Dyas, Barb Filas, and Deepak Malhotra. B&ara Dygert provided extraordinary encouragement and support. The firms of Amax Gold, Sherman and Howard, and Knight Piksold offered extended assistance, and their contributions warrant special notice. Finally, without the efforts of Lane White, taking on the onerous task of copy production, this volume would have never been completed. On a very personal note, the Editor wishes to thank the staff of the College of San Mateo, who imparted sufficient knowledge on the use of a PC to get this job done; Fred Leif of the U S . EPA who invited a partially tamed old fox into his chicken coop; and most notable of all, to Evelyn, a miner's wife and life's companion, for continued strong editorial and. much more importantly, emotional support. In conclusion, the Editor, a mining operator and planner by training and dedication, has had thc opportunity in the last few years to meet and work with highly committed environmentalists. Miners and environmentalists art: not very dissimilar in the strength o f their convictions and are overwhelmingly good people. A continued environmentally and economically sound mining industry will take the cooperation of all interested parues (as the political expression goes: "we need everyone under one big tent"). Let us once and for all put aside the ruinous "we versus lhcy" mentality, and remember: "thc cnemy is us'' (a11 of us). If this Hundbouk provides nothing else but bringing together, even in a very small way, all of those involved in mining environmentalism, then it must be deemed a success. Please he@ make it s o l

Jerrold J. Marcus Sun Mateo, Calqomiu June 1996

Published by

Imperial College Press 51 6 Sherfield Building ImperiaI Collcgc London SW7 2AZ Distributed by

World Scientific Publishing Co. Pte. Ltd. P 0 Box 128. Farrer Road, Singapore 912805 USA @ae: Suite IB, I060 Main Street, River Edge, NJ 07661 UK office: 57 Shelton Street, Covent Garden, London WCW 9HE

British Library Cataloguing-in-PublicationData A catalogue record for this book is available h m the British Library.

MINING ENVIRONMENTAL HANDBOOK: EFFECTS OF MINING ON THE ENVIRONMENT AND AMERICAN ENVIRONMENTAL CONTROLS ON MINING Copyright 0 1997 by Imperial College Press All rights reserved. This book, orparts thereof; may not be reproduced in any form or by any meuns, electronic or mechanical, including photocopying, recording or any information storage and retrieval system now known or to be invented, without written permission from the Publisher.

For photocopying of material in this volume, please pay a copying fee through the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA. In this case permission to photocopy is not required from the publisher.

ISBN 1-86094-029-3

Printed in Singapore.

HANDBOOK KEY PERSONNEL EDITOR: J. J. Marcus 1569 De Anza Blvd San Mateo, CA 94403-3940

ASSOCIATE EDITORS:

G. E. Conrad Interstate Mining Compact Commission 459 - B Carlisle Drive Herndon, VA 22070 L. W. Cope Placer Consultant 1 I I Emerson Street, #723 Denver, CO 802 18

F. K, Allgaier Office of Audit and Evaluation Department of Interior P. 0. Box 25007, Mail Stop D 114 Denver, CO 80225

M. A. Drozd Detox and Treatment Consulting, Inc. 7205 South Chase Court Littleton, CO 80123-4940

J. A. Cordes Room 102, Chauvenet Hall Colorado School of Mines Golden. CO 80401

B. A. Filas Knight PiBsold 1050 17th Street, Ste SO0 Denver. CO 80265-0501

D. R. East Knight Pidsold 1050 17th Street, Stc 500 Denver, CO 80265-0501

A. J. Gilbert Sherman & Howard 3000 First Interstate Tower North 633 Seventcenth Street Denver, CO 80202

N. W. Kirshenbaum Placer Domc! U. S., Inc. 1 California Street San Francisco, CA 941 1 1

R. W. Phelps Engineering and Mining JournaI 29 North Wacker Drive Chicago, 11,60606 L. A. Pirozzoli Black Horse Inn Route 3, Box 240 Warrenton, VA 22 186

CHAPTER EDITORS: F. R. Banta Amax Gold 9 100 East Mineral Circle Englewood, CO 801 12

J. M. Johnson Colder Associates, Inc. 200 Union Boulevard, Suite 500 Lakcwood, CO 80228

P. Keppler Popham, Haik! Schobrich & Kaufman, Ltd. 1200 17th Street - Suite 2400 Denver, CO 80202 A. J. Krause TerraMatrix, Inc. 1475 Pine Grove Road, Suite 109 P. 0. Box 774018 Steamboat Springs, CO 80477

J. T. Laman In-Situ Inc. 2 10 S. Third Street P. 0. Box I Laramie, WY 82070-0920

vi i

viii

KEY PERSONNEL

R. L. Lowrie 1694 North Woodhaven Drive Franktown. CO 801 16 D. Malhotra Resource Development Inc. 1 1475 West Interstate 70, Frontage Road North Wheat Ridge, CO 80033 C. A. McLean 13805 Ginger Loop Penn Valley, CA 95946 J. A. Murray Bechtel, Inc. Box 3965 San Francisco, CA 94 1 05- 1895

C. Parrish Canyon Resources 13 142 Denver West Parkway,Suite 250 Golden, CO 80401

D. W. Struhsacker Environmental Permitting and Government Relations Consultant 3610 Big Bend Lane Reno. NV 89509

T. Van Haverbeke Room 102, Chauvenet Hall Colorado School of Mines Golden. CO 80401

D. J. A. Van Zyl Golder Associates, Inc. 200 Wnion Boulevard, Suite 500 Lakewood. CO 80228

PRODUCTION EDITOR: R. L. White 2816 South Fenton Street Denver, CO 80227

EDITOR AT LARGE: R. L. Schmiermund Knight Pibold 1050 17th Street, Ste 500 Denver, CO 80265-0501

K. E. Dyas 15968 Quarry Hill Drive Parker, CO 80134

LIST OF CONTRIBUTING AUTHORS S. Alfers Alfers & Carver The Equitable Building 730 Seventeenth Street, Suite 340 Denver. CO 80202

B. J. Beckham Woodward-Clyde Consultants Stanford Place 3, Suite lo00 4582 South Ulster Street Denver, CO 80237-2637

M. Allender Allen Brand Public Relations

R. T. Beckman 2642 South Kline Circle Lakewood, CO 80227-2749

427 Broadway Jackson, CA 45642-2416

D. L. Bentel

F. K. Allgaier P. 0. Box 260583 Lakwewood, CO 80226

Steffen, Robertson & ICIrsten 1755 East Plumb Lane, Suite 241 Reno, NV 89502

J. L. Armstrong Phelps Dodge Corporation 2800 North Central Avenue Phoenix, AZ 85004

2. T. Bieniawski Pennsylvania State University

S. Blackstone

R. A. Arnott ERM - Rocky Mountain, Inc. 5950 South Willow Drive, Suite 200 Greenwood Village, CO 80111

41 5 West 2nd Avenue Windermere. FL 34786

G. Blankenship Planning Information Corporation 1625 Broadway, Suite 2670 Denver, CO 80202

A. Babich Environmental Law Institute 1616 P Street, NW Washington, DC 20036

J. Bokich Knight Piisold 1050 17th Street, Ste 500 Denver, CO 80265-0501

R. Backer U. S. Bureau of Mines East 315 Montgomery Avenue Spokane, WA 99207-2291

B. C. Bailey Noranda Minerals 12640 West Cedar Drive Lakewood, CO 80228

C. L. Boldt U. S. Bureau of Mines East 315 Montgomery Avenue Spokane, WA 99207-2291

A. C. Baldrige Battle Mountain Gold Company 5670 Greenwood PIaza Boulevard, Suite 106 Englewood, CO 801 I 1

A. Born Alumax, Inc. Peachtree Parkway Norcross, GA 30092-28 12

F. R. Banta Amax Gold 9 100 East Mineral Circle Englewood, CO 801 12

S. D, Botts Echo Bay Mines 6400 South Fiddlers Green Circle - Suite 1000 Englewood, CO 80 1 1 1-4957 ix

X

CONTRIBUTING AUTHORS

A. Brown Adrian Brown Consulting 155 South Madison Denver, CO 80209

D. J. Conklin Jr.

D. E. Brown Lilburn Corporation 110 Blue Ravine Road. Suite 209 Folsom, CA 95630

G. E. Conrad Interstate Mining Compact Commission 459 - I3 Carlisle Drive Herndon. VA 22070

M. L. Brown Golder Associates 4104 - 148th Avenue, N.E. Redmond. WA 98052

L. W. Cope Placer Consultant 1 I 1 Emerson Street, #723 Denver, CO 802 18

T, H. Brown Western Research Institute Office of Engineering 365 North 9th Avenue Laramie, WY 82070

P. G. Corser

T. D. Burke

J. Cowan

ARS P.0. Box 701 Virginia City, NV 89440

4141 Arapahoe Avenue, # 200 P. 0. Box 4579 Boulder, CO 80306

J. K. Burrell Riverside Technology, Inc. 1600 Specht Point Drive, Suite F Fort Collins, CO 80525

A. D. Cox Homestake Mining Company 650 California Street San Francisco, CA 94 108-2788

L. J. Buter Newmont Gold Company 1700 Lincoln Street Denver. CO 80203

C. A. Cravotta III U. S. Geologicial Survey 840 Market Street Lemoyne, PA 17043

S. P. Canton Chadwick & Associates, Inc. 5675 S. Sycamore St., Suite 101 Littleton, CO 801 20

A. W . . Czarnowsky 343 West Drake Avenue, Suite 108 Fort Collins, CO 80526

J. W. Chadwick Chadwick & Associates, Inc. 5676 S. Sycamore St.. Suite 101 Littleton, CO 80 120

Chadwick & Associates, Inc. 5676 S. Sycamore St., Suite 101 Littleton, CO 80120

TerraMatrix. Inc. 1475 Pine Grove Road, Suite 109 P. 0. Box 774018 Steamboat Springs, CO 80477

J. T. Dale US EPA 999 18th Street, Suite 500 Denver, CO 80202-2405

C. C. Clark U. S. Bureau of Mines East 3 15 Montgomery Avenue Spokane, WA 99207-2291

A. L. Dangeard

W. J. Clark Westec 5600 South Quebec Street, Suite 307D Englewood, CO 801 11

J. L. Danni

MEED SA 51 rue Spontini 75116, Paris, France

Placer Dome, U.S., Inc. One California Street, Suite 2500 San Francisco, CA 94 111


T. E. Davis Division of Land Resources North Carolina Department of Environment, Health, and Natural Resources P. 0. Box 27687 Raleigh, NC 2761 1-7687 R. E. Deery Bureau of Land Management 3122 Christine Drive Beltsville, MD 20705

J. H. Desautels Parcel, Mauro, Hultin, & Spaanstra, P. C. Suite 3600 1801 California Street Denver, CO 80202

M. A. Drozd Detox and Trcatrnent Consulting, Inc. 7205 South Chase Court Littleton, CO 80123-4940

R. Dutton Planning Information Corporation 1625 Broadway, Suite 2670 Denver, CO 80202

R. T. Dwyer National Mining Association 1920 N Street NW, Suite 300 Washington, DC 20036-1662 R. H. Early Sedgwick James of Colorado 2000 South Colorado Blvd., Suite 5000 Denver, CO 80222

T. P. Erwin Erwin, Thompson, dt Hascheff 333 Holcomb Avenue Reno, NV 89509 A. J. Fejes 5775 South Kline Littleton, CO 80160

B. A. Filas

R. B. Finkelman U. S. Geological Survey 956 National Center Reston, VA 22092

W. G . Fischer Trona Associates, Inc. 381 Bramwell Street Green River. WY 82935-4838 J. E. Florczak Continental Bank 231 South La Salle Street Chicago, IL 60607

S. Foreman Resource Managcment International, Inc. La Plaza - 4340 Redwood Highway - Building B San Rafael, CA 94903 C. W. Gardner Division of Land Resources North Carolina Department of Environment, Health, and Natural Resources P. 0. Box 27687 Raleigh, NC 2761 1-7687

W. Garrett Nevada Environmental Consultants 7530 West Sahara, Suite 108 Las Vegas, NV 891 17 A. J. Gilbert Sherman & Howard 3000 First Interstate Tower North 633 Seventeenth Street Denver, CO 80202 R. Griffith Heller, Ehrrnan, White, & McAullife 333 Bush Street San Francisco, CA 94104-2878 M. Hames Kilborn Engineering (B.C.), Ltd. 400- 1380 Burrard Street Vancouver, B. C., Canada V6Z 2B7

Knight Pidsold 1050 17th Street, Ste 500 Denver, CO 80265-0501

C. J. Harmon PanEnergy Field Services, Inc. 370 17th Street, Suite, 900 Denver, CO 80202

L. H. Filipek U. S. Geological Survey MS 972, Box 25046, Denver Federal Center Denver, CO 80225

E. F. Harvey Browne, Bortz, & Coddington, Inc. 155 South Madison Denver, CO 80209

xi

xii


E. F. Haase (Deceased) B. W. Hassinger Smith Environmental Technologies COT. 304 Inverness Way South, Suite 200 Englewood, CO 80 1 12 D. J. Helm University of Alaska Fairbanks Agricultural and Forestry Experiment Station 533 East Fireweed Palmer, AK 99645 M. E. Henderson Westec 5250 Neil Road, Suite 300 Reno, NV 89502-2341

M. J. Hlinko (see also Mark E. Smith) Vector Engineering, Inc. 12438 Loma Rica Drive, Suite C Grass Valley, CA 95945

M. J. Hrebar Mining Engineering Department Colorado School of Mines Golden, CO 80401 K. Johnson Johnson Environmental Concepts P. 0. Box 330 17 Main Street Rapid City, SD 57709 J. M. Johnson Golder Associates, Inc. 200 Union Boulevard, Suite 500 Lakewood, CO 80228 S. W. Johnson Riverside Technology, Inc. 1600 Specht Point Drive, Suite F Fort Collins, CO 80525

T. Keith EDAW, Inc. 240 East Mountain Avenue Fort Collins, CO 80524

P. Keppler Popham, Haik, Schnobrich and Kaufman Ltd. 1200 17th Street - Suite 2400 Denver, CO 80202 F. E. Kirby US Office of Surface Mining 1999 Broadway, Suite 3320 Denver, CO 80202 R. L. P. Kleinmann Department of Energy Pittsburgh Research Center P. 0. Box 18070 Pittsburgh, PA 15236 A. J. Krause TerraMatrix, Inc. 1475 Pine Grove Road, Suite 109 P. 0. Box 774018 Steamboat Springs, CO 80477

J. Kreps Knight Pitsold 1050 17th Street, Ste 500 Denver. CO 80265-0501

A. L. Kuestermeyer Behre Dolbear & Co., Inc. 275 Madison Avenue New York, NY 10016 J. T. Laman In-Situ Inc. 210 S. Third Street P. 0. Box I Laramie, WY 82070-0920

R. M. Larkin U. S. Forest Service Toiyabe National Forest 1200 Franklin Way Sparks, NV 89431

M. C. Larson J. J. Kendall TerraMatrix, Inc. 165 South Union Blvd. Lakewood, CO 80228

A. Kent Golder Associates 4260 Still Creek Drive, Suite 500 Burnaby, BC V5C 6C6

Ballard, Spahr, Andrews & Ingersoll 1225 17th Street, Suite 2300 Denver, CO 80202

T. V. Leshendok U. S. Department of Interior Bureau of Land Management P. 0. Box 12000 Reno, NV 89520-0006


L. Levy Planning Information Corporation 1625 Broadway, Suite 2670 Denver, CO 80202

L. A. McDonald Hazen and Sawyer 4000 Hollywood Boulevard Seventh Floor, North Tower Hollywood, FL 3302 1

A. Lewis-Russ Titan Environmental 7939 East Arapahoe Road, Suite 230 E n g l e w d , CO 80112

C . A. McLean 13805 Ginger Loop Penn Valley, CA 95946

B. J. Licari 10981 Race Track Road Sonora. CA 95370

R. L. Lowrie 1694 North Woodhaven Drive Franktown, CO 80116

W. J. Lynott Office of Environmental Analysis Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55 155 L. J. MacDonell Hazen and Sawyer 4000 Hollywood Boulevard Seventh Floor, North Tower Hollywood, FL 33021

D. Malhotra Resource Development Inc. 11475 West Interstate 70,Frontage Road North Wheat Ridge, CO 80033 J. J. Marcus 1569 De Anza Blvd San Mateo, CA 94403-3940 W. E. Martin Environmental Policy Center Mineral Economics Department Colorado School of Mines Golden, CO 80401

G. C. Miller University of Nevada Mail Stop 330 Reno, NV 89557 2. C. Miller Davis, Graham, & Stubbs 370 17th Street, Suite 4700 Denver, CO 80202

P. G . Mitchell Downey, Brand, Seymour, & Rohwer 555 Capital Mall - 10th Floor Sacramento. CA 958 1 4-4686

R. T. Moore Poudre Environmental Consultants, Inc. 966 Wagon Wheel Drive Fort Collins, CO 80526-2632

K, W. Mote Northwest Mining Association 4I4 Peyton 3uilding Spokane, WA 99201-0740

F. F. Munshower Reclamation Research Unit 1M.Linfield Hall Montana State University Bozeman, MT 59717

J. A. Murray Bechtel, Inc. Box 3965 San Francisco, CA 94105- 1895

J. K. McAdoo JBR Consultants I34 West Maple Etko, NV 84801

E. P. Newman Harding Lawson Associates 707 17th Street, Suite 2400 Denver, CO 80202

G. E. McClelland McClelland Laboratories, Inc. 1016 Greg Strecl Sparks, NV 89431

D. K. Nordstrurn

U.S. Geological Survey 3215 Marine Street Boulder, CO 80303

xiii

xiv


P. V. O'Conner

P. C. Rusanowski

Westec 5600 South Quebec Street, Suite 307D Englewood. CO 801 11

Raven Environmental Services 628 Basin Road Juneau, AK 99801

J. O'Hearn Morrison - Knudsen Co., Inc. P. 0. Box 2011 Oak Ridge, TN 37831-2011

L. K. Russell Coeur D'Alene Mines Corp. 505 Front Street Coeur D'Alene ID.83816-0316

L. Orser Echo Bay Minerals Company P.O. Box 1658 Battle Mountain, NV X9X02

S. J. Pachet Knight Piksold & Co. 1600 Stout Sweet, Suite 800 Denver, CO XO202-3 I29

C. Parrish Canyon Resources Corp. 14142 Denver West Parkway, Suite 250 Golden, CO KO401

R. C. Pease Siskon Gold Corporation 350 Crown Point Circle, Suite 100 Grass Valley, CA 95945 J. A. Pendleton Division of Minerals and Geology State of Colorado Department of Natural Resources 1313 Sherman Street, Denver. CO 80203

R. W. Phelps Engineering and Mining Journal 29 North Wacker Drive Chicago, IL 60606

W. M. Schafer Schafer & Associates P. 0. Box 6186 Bozeman, MT 95715

B, J. Scheiner BCD Consulting 2802 Union Chapel Road Northport, AL 35476 W. Schenderlein Riverside Technology, Inc. 2821 Remington Street Fort Collins. CO 80525

E. M. Schern Phelps Dodge Corporation 2800 North Central Avenue Phoenix, AZ 85004

R. L. Schmiermund Knight Pitsold 1050 17th Street. Sle 500 Denver, CO 80265-0501 J. W. Schwarz Pace], Mauro, Hultin & Spaanstra, P.C Suite 3600 1801 California Street Denver, CO 80202

B. F. Schwarzkoph Box 482

S. M. Pirner Division of Environmental Regulation South Dakota Department of Environment and Natural Resources Joe Foss Building 523 East Capitol Pierre, SD 57501-3181

Forsyth, MT 59327

E. 0. Pitschel

S . K. Sharma

Soriano Corpuration 7207 Cart Gate Drive Houston, TX 77095

C. Secrest EN-342 U.S. Environmental Protection Agency 401 M Street, SW Washington, DC 20460

Criterion Catalyst Company, L. P. 1800 East U. S . 12 Michigan City, IN 46360


L. Sharp Woodward-Clyde Consultants 11 1 SW Columbia, Suite 990 Portland. OR 97201

T. A Shepard Shepard Miller, Inc. 1600 Specht Point Drive, Suite F Fort Collins, CO 80525

J. Siege1 MK - Environmental 7100 East Belleview Avenue Englewood, CO XO I 1 1

D. B. Simons Sirnons & Associates, Inc. 2601 South Lcmay Avenue, Suite 39 Fort Collins, CO 80525 M. M. Singh Engineers International. Tnc. 98 East Napervillc Road, Suite 201 Westmont, 1L 60559-1595

D, E. Siskind S8 I2 Thomas Circle

M. H. Stotts Kansas Department of Health and Environment Waste Management Bureau Forbs Field, Building 740 Topeka, KS 66620-0001

D. W. Struhsacker Environmental Permitting and Government Relations Consultant 361 0 Big Bend Lane Reno,NV 89509

C. Taggart EDAW. Inc. 240 East Mountain Avenue Fort Collins, CO 80524

T. J. Toy Department of Geography & Geology University of Denver Denver, CO 80208

R. K. "Ivan" Urnovitz Northwcst Mining Association 10 North Post Street, Suite 414 Spokane, WA 99201

Minneapolis, MN 55410

T. Van Haverbeke

A. C. S . Smith (Deceased)

Room 102. Chauvenet Hall Colorado School of Mines Golden. CO 80401

D. A. Smith Fort Lewis College Durango, CO 81301

M. E. Smith Vector Engineering, Inc. 12438 Lorna Rica Drive, Suit6 C Grass Valley, CA 95945 R. Spotts Riverside Technology, Inc. 1600 Specht Point Drive, Suite F Fort Collins, CO 80525 R. L. Spude National Park Service 12795 West Alameda Parkway P. a. BOX 25287 Denver, CO 80225

R. G. Steen Air Sciences Inc. 12596 West Bayaud Avenue Lakewood, CO 80228

D. J. A. Van Zyl Golder Associates, Inc. 200 Union Boulevard, Suite 500 Lakewood, CO 80228

R. B. Vroornan Law Offices 615 Battery Street, 6th Floor San Francisco. CA 94 111

R, C. Warner Department of Biosystems Engineering and Agricultural Engineering 128 Agricultural Engineering Building University of Kentucky Lexington, KY 40546-0276 R. Weyand Deloitte and Touche Suite 1800 1560 Broadway Denver, CO 80202-5 151

XIT

xvi


K. G . Whitman Whitman & Co. 1790 East River Road, #I 12 Tucson, AZ 85718

D. Williams Homestake Mining Company 650 California Street San Francisco, CA 94108-2788

CONTENTS PREFACE

v

KEY PERSONNEL

vii

LIST OF CONTRIBUTING AUTHORS

ix

CONTENTS xvii

CHAPTER 1 1.1 1.2 1.3

1.4

I

Foreword I Purpose of the Handbook I Organization of the Handbook I 1.3. I Reader’s Guide 2 1.3.2 Historical Perspective 2 1.3.3 The Legal Bases of Federal Control 2 1.3.4 Environmental Control at the State Level 3 1.3.5 & 6 Environmental Effects of Mining - Technologies for Environmental Protection 3 1.3.7 Environmental Permitting 3 1.3.8 Systems Design 3 1.3.9 Operations Environmental Management 4 1.3.10 Solution Mining and In Situ Leaching 4 1.3.11 Placer and Alluvial Mining 4 1.3.12 Coal 4 1.3.13 Acid Mine Drainage and other Mining-Influenced-Waters (MIW) 4 1.3.14 Use of Surface Mines as Landfills and Repositories 4 1.3.15 Economic Impact of Regulation 5 1.3.16 Financial Assurances 5 1.3.17 International Regulations 5 1.3.18 Case Studies 5 1.3.19 Current and Projected Issues 6 A Word of Caution 6

CHAPTER 2

2.1 2.2

INTRODUCTION

DEVELOPMENT OF THE MINE ENVIRONMENTAL PRECEPT AND ITS CURRENT POLITICAL STATUS

Introduction 8 American Mining Industry in Perspective 8 2.2.1 Public Attitude Towards Mining 9 2.2.2 Changing Perceptions and Viewpoints of the Earth Scientist 9 2.2.3 Changes in Industry 10

xvii

8

xviii CONTENTS 2.2.4 Regional Attitudes Towards Mining 10 Where Are We Now? 10 2.3.1 Growth of Environmental Concern 11 Mining in the United States and the Development of the Environmental Ethic 2.3.2 2.3.3 Early Environmental Cases 13 2.3.4 Rise of Modem Environmentalism 18 2.3.5 The Environmental Protagonists 18 2.3.6 Misconceptions of Some Protagonists 20 2.3.7 Politicizing the Department of Interior 20 Role of Federal and State Governments 20 2.4 2.4.1 The Federal Government 2 I 2.4.2 Emerging Role of the States 22 Environmental Organizations 23 2.5 2.5.1 Mainstream Environmental Organizations 23 2.5.2 Sierra Club as a Paradigm of Mainstream Environmental Belief 24 2.5.3 Other Environmental Organizations 26 Mining Industry Associations 28 2.6 2.6.1 Lobbyists 28 2.6.2 National Mining Association and National Stone Association 29 2.6.3 California Mining Association 29 2.6.4 Other Mining Industry Associations 30 2.7 Non-Advocacy Organizations 30 Federal Mining Law Revision 32 2.8 2.8.1 Position of the Environmentalists 32 2.8.2 Position of the Mining Industry 33 2.8.3 Position of the Western Governors’ Association 34 2.8.4 The RCRA Overlap 34 2.8.5 Overview 34 2.9 Summary 35 References 36 2.3

CHAPTER 3

3.1

3.2

3.3

3.4

THE LEGAL BASES OF FEDERAL ENVIRONMENTAL CONTROL OF MINING 38

Introduction 38 3.1.1 Overview 38 3.1.2 Themes in Environmental Law 38 3.1.3 Approaches Incorporated into Federal Environmental Law 40 3.1.4 Federal Agency Involvement 41 3.1.5 How Federal Agencies Work 41 3.1.6 Federal Agency Enforcement 42 3.1.7 Court Review of Agency Decisions 42 3.1.8 How to Find Federal Environmental Law 43 The National Environmental Policy Act of 1969 44 3.2.1 Background 44 3.2.2 NEPA Implementation 46 3.2.3 Environmental Assessment and Impact Statement Procedures 48 The Clean Air Act 50 3.3.1 Introduction and Overview 50 Key Policies and the Central Role of the States 50 3.3.2 3.3.3 Historical Background 51 3.3.4 Typical Mining Activities Regulated by the CAA 52 3.3.5 Detailed Summary of Key CAA Provisions 53 The Clean Water Act 66

12

CONTENTS

3.4.1 Introduction to the Act and Overview of Major Programs 66 3.4.2 Typical Mining Problems Addrcssed by thc CWA 67 3.4.3 Outline of the Statutory Scheme: The General Water Quality Protection Program 67 3.4.4 Dredge and Fill Material Permit ProgramNetlands 71 3.5 The Comprehensive Environmental Response, Compensation, and Liability Act 73 3.5. I Introduction 73 3.5.2 Typical CERCLA Mining Problems 74 3.5.3 Brief Summary of the Statutory Scheme 74 3.6 The Resource Conservation and Recovery Act 79 3.6.1 State Implementation 79 3.6.2 Definitions of Solid and Hazardous Waste 81) 3.6.3 Statutory Definitions 80 3.6.4 Regulation of Hazardous Waste Producers 81 3.6.5 Regulations of Transporters 82 3.6.6 RCRA Permitting Requirements for Treatment, Storage or Disposal Facilities 82 3.6.7 Land Disposal Restrictions 84 3.6.8 RCRA Corrective Action 84 3.6.9 Enforcement 84 3.6.10 Bevill Amendment 85 3.7 Public Land Laws 86 3.7.1 Definition of the Public Land Laws 86 3.7.2 Definition of the Public Lands 86 3.7.3 Theory Behind the Public Land Laws 86 3.7.4 Typical Mining Problems Encountered on Public Lands 88 3.7.5 Environmental Regulation of BLM Lands 88 3.7.6 Environmental Regulation on Forest Service Lands 89 3.7.7 Designation of Federal Lands as Unsuitable for Mining 89 3.7.8 Protection of Archaeological and Paleontological Resources on Federal Lands 89 3.8 Miscellaneous Statutes 90 3.8.1 Underground Storage Tank Regulation 90 3.8.2 Toxic Substances Control Act 91 3.8.3 PCB Regulation 91 3.8.4 Noise Pollution 9.5 3.8.5 Oil Spill Legislation 96 3.8.6 Archaeological Controls 96 3.8.7 Migratory Bird Treaty Act 97 References 98

CHAPTER 4 4.1 4.2 4.3

4.4

4.5 4.6

ENVIRONMENTAL CONTROL AT THE STATE LEVEL

Introduction 99 State-Federal Allocation of Responsibilities 100 State Environmental Programs 100 4.3.1 General Observations 100 4.3.2 Specific Comparisons 102 4.3.3 Progression of Events 105 State Program Overviews 10.5 4.4.1 California 105 4.4.2 Minnesota’s Mining Regulations 11.5 4.4.3 North Carolina’s Mining Regulations 1 I9 4.4.4 Environmental Rcgulation in South Dakota 122 Overview of Western State Regulatory Programs 127 Interstate Cooperation and Environmental Protection 128 4.6. I The Interstate Mining Compact Commission 129

99

XiX

4.6.2 4.6.3 References 131

CHAPTER 5

The Western Governors’ Association Conclusion 130

129

ENVIRONMENTAL EFFECTS OF MINING

132

Preface 132 Land Surface Effects 132 5.2.1 Introduction 132 5.2.2 Topography 132 5.2.3 Subsidence 133 5.2.4 Soils 134 5.2.5 Overburden 135 5.2.6 Erosion 136 5.2.7 Mass Wasting 138 5.2.8 Fills 139 Biologic Effects 140 5.3 5.3.1 Vegetation 140 5.3.2 Wildlife 145 5.4 Hydrologic Effects 149 5.4.1 Surface Water Quality - Sediment 149 5.4.2 Surface Water Quality - Chemical Effects 150 5.4.3 Surface Water Quantity 153 5.4.4 Surface Water Patterns 156 5.4.5 Ground Water Quality 162 5.4.6 Ground Water Quantity 165 Effects on Air Quality 168 5.5 5.5.1 Introduction 168 5.5.2 Pollutants of Concern 168 5.5.3 Emissions from Surface Mining 171 5.5.4 Emissions from Underground Mining 172 5.5.5 Emissions from in situ Mining 173 Societal Effects 174 5.6 5.6.1 Aesthetics 174 5.6.2 LandUse I77 5.6.3 Cultural Resources I78 5.6.4 Damage 182 References 185

5.1 5.2

CHAPTER 6 6.1

6.2

6.3

TECHNOLOGIES FOR ENVIRONMENTAL PROTECTION

Land Surface Effects 190 6.1.1 Mining Methods 190 6.1.2 Subsidence Controls 192 6.1.3 Surface Reclamation 197 6.1.4 Landscape Reconstruction 198 6.1.5 Conclusion 205 Biologic Effects 205 6.2.1 Seeding and Planting 205 6.2.2 Amendments 21 2 6.2.3 Wildlife 21 7 Hydrologic Effects 221

190

CONTENTS

6.3.1 Surface Water Quantity 221 6.3.2 Surface Water Quality 22.5 6.3.3 Groundwater Quantity 244 6.3.4 Groundwater Quality 248 6.4 Effects on the Air 255 6.4.1 Introduction 255 6.4.2 Overview of Control Options 255 6.4.3 Arca and Fugitive Emission Units 2.55 6.4.4 Specific Point and Mobile Sources 258 6.4.5 Effectiveness and Cost 261 6.4.6 Summary 261 6.4.7 Control of Radon and Radon Progeny in Underground Mines 261 Societal Effects 263 6.5 6.5.1 Aesthetics 263 6.5.2 Cultural Resources 267 6.6 Mitigation of the Effects of Blasting 270 6.6.1 Introduction 270 6.6.2 Flyrock 271 6.6.3 Blast Vibrations 271 6.6.4 Airblast 274 6.6.5 Dust and Gases 276 References 276

CHAPTER 7 7.1

7.2

7.3

7.4 7.5

ENVIRONMENTAL PERMITTING

283

Introduction 283 7.1.1 Chapter Purpose 283 7.1.2 Defining Environmental Permitting 283 7.1.3 Environmental Permitting Team 284 7.1.4 Chapter Organization 286 Defining Mineral System Characteristics That May Impact the Environment 287 7.2.1 Waste Rock Characterization 287 7.2.2 Gcotechnical Characterization 2Y3 7.2.3 Hydrogeological Characterization 300 7.2.4 Minimizing Problematic Process Wastes 304 Defining Environmental Conditions of the Project Site (Baseline Evaluation) 309 7.3.1 Permitting Risks and Pre-existing Potential Liabilities 309 1.3.2 Baseline Data Requircmcnts 3 11 Defining Legal and Regulatory Requirements 354 7.4.1 Developing a Compliance Program 354 Developing a Permitting Strategy 358 7.5.1 Introduction 358 7.5.2 Project-Specific Issues 358 7.5.3 The Key Players 359 7.5.4 The Regulatory Atmosphere 359 7.5.5 Selecting a Project Team 360 7.5.6 When to Initiate Permitting 360 7.5.7 Defining Project Scope 361 7.5.8 The Permitting Schedule 362 7.5.9 Identifying Fatal Flaws 362 7.5.10 Authority for Permit Denial 362 7.5.1 1 Controversial Projects 362 7.5.12 Updating Permitting Strategy 363 7.5.13 Summary and Conclusions 363

xxi

xxii

CONTENTS

7.6

The Environmental Impact Statement Process 363 7.6.1 EIS Procedures, Content, and Schedule 363 7.6.2 Memorandums of Understanding 365 7.6.3 Selecting an EIS Contractor 367 7.6.4 Assessments versus Impact Statements 370 7.7 Defining Project Impacts and Planning Reclamation 371 7.7.1 Integrating Environmental Data 371 7.7.2 Evaluating Project Alternatives 372 7.7.3 Impact Assessment 373 7.7.4 Mitigation 373 7.7.5 Reclamation Planning 374 Engineering for Permitting 382 7.8 7.8.1 The Role of the Engineer 382 7.8.2 Co-ordinating Engineering and Permitting 383 7.8.3 Co-ordinating Design, Procurement, and Permitting 387 7.8.4 Engineering Design Requirements 387 Closure and Post-Closure Planning 388 7.9 7.9.1 Closure and Post-closure Requirements 388 7.9.2 Reducing Financial Obligations 389 7.9.3 Reducing Claim Potential 392 Project Monitoring 395 7.10 7.10.1 Monitoring Requirements 395 7.10.2 Air Quality Monitoring 399 Public Relations and Communications 401 7.1 1 7.11.1 Introduction 401 7.1 1.2 Research - A Communications Tool 401 7.1 1.3 Successful Public Relations 402 7.1 1.4 Counteracting Misinformation 403 7.1 1.5 Working with the Media 403 7.1 1.6 Using Technical Information 404 7.1 1.7 Spokesperson Training 404 7.1 1.8 Crisis Communication 405 7.1 1.9 Conclusions and Summary 405 7.12 Political Involvement 405 7.12.1 Participating in the Issues 405 7.12.2 How to Become Involved 406 7.12.3 The Mining Law of 1872 407 7.12.4 Analyzing Legislative Impacts 408 7.12.5 Summary 408 References 408

CHAPTER 8 8.1 8.2

8.3

SYSTEMS DESIGN FOR SITE SPECIFIC ENVIRONMENTAL PROTECTION

Introduction 412 The Design Process 413 8.2.1 Introduction 413 8.2.2 Design Philosophy 413 8.2.3 Principles of Design 414 8.2.4 Communications 414 Geotechnical Considerations 41 7 8.3.1 Introduction 41 7 8.3.2 Components Requiring Geotechnical Evaluation 41 7 8.3.3 Geotechnical Site Selection 41 7

412

CONTENTS xxiii 8.3.4 Preliminary Evaluation of Site Suitability 41 7 8.3.5 Specific Determination of Site Suitability 420 8.3.6 Discussion 421 8.4 Liner Design Principles and Practice 421 8.4.1 Definition of Liner System 421 8.4.2 Developing Reliable Liners 422 8.4.3 Typical Liner Systems 422 8.4.4 Liner Materials 423 8.4.5 Leakage through Liner Systems 427 Tailings Disposal Design 428 8.5 8.5.1 Tailings Production, Handling and Transport 428 8.5.2 Tailings Characteristics 429 8.5.3 Disposal Methods 431 8.5.4 Tailings Sedimentation 432 8.5.5 Tailings Impoundments 433 8.5.6 Underground Backfilling 442 8.5.7 Above Ground Dry Tailings Disposal 443 Waste Rock Disposal Design 444 8.6 8.6.1 Planning Parameters 445 8.6.2 Mine Rock Disposal Site Conditions 448 8.6.3 Design Guidelines 453 Heap and Dump Leach Design 463 8.7 8.7.1 Introduction 464 8.7.2 Siting 466 8.7.3 Engineering Design 468 Water Balance Evaluations 476 8.8 8.8.1 Introduction 476 8.8.2 Local Hydrology 478 8.8.3 Materials Characterization 484 8.8.4 Water Balance - Deterministic Analyses 487 8.8.5 Water Balance - Probabilistic Approaches 490 8.8.6 Presentation and Evaluation of Rcsults 4Y3 Construction Quality AssurancdQuality Control 496 8.9 8.9.1 IntroductiodGeneral 496 8.9.2 Purpose 497 8.9.3 The CQA Plan 498 8.9.4 Implcmcntation 498 8.9.5 Value of Quality Assurance in Flexible Membrane Applications 501 8.9.6 Construction Quality Assurance Report 505 References 505

CHAPTER 9

9.1 9.2

9.3

9.4

OPERATIONS ENVIRONMENTAL MANAGEMENT

Introduction 510 Evolution of Operations Environmental Management 51 I 9.2.1 Pre-SMCRA Period 51 I 9.2.2 Early SMCRA Period 51 1 9.2.3 Present Period 512 Operations Environmental Management Functions 512 9.3.1 Corporate Tasks 512 9.3.2 Project Functions 514 9.3.3 Mixed Corporate and Project Functions 515 Environmental Management Cycle 51 7

5ZO

loliv

CONTENTS

9.4.1 ExpIoration 517 9.4.2 Mine Project Development 51 8 9.4.3 Mine Operations 520 9.4.4 Mine Expansion 521 9.4.5 RecIamation and Closure 521 9.4.6 Post Closure 522 9.5 Sample Organizations 522 9.5.1 Exploration Company 523 9.5.2 Small Operating Company 523 9.5.3 Mid Sized Operating Company 523 9.5.4 Large Operating Company 524 9.6 Conclusion 524 9.6.1 Acknowledgements 525 References 52.5

CHAPTER 10

SOLUTION MINING AND IN-SITU LEACHING 526

10.1

Solution Mining 526 10.1.1 Cavern Construction 526 10.1.2 Waste Management 531 20.1.3 Environmental Considerations 532 10.2 In-situ Leaching 534 10.2.1 Waste Generation and Management 535 10.2.2 Environmental Considerations 538 10.2.3 Groundwater Restoration 541 Acknowledgements 544

CHAPTER 11

PLACER O R ALLUVIAL MINING

545

Introduction and General Description 545 11 . I . 1 Placer Operations 545 11.1.2 Current Operating Practices 546 11.2 Permitting and Reclamation Planning of Placer Deposits 547 1 1.2.1 Permitting 547 11.2.2 Reclamation Planning 550 11.3 Nearshore Arctic Dredge Mining 552 11.3.1 Background 552 11.3.2 Approach to Monitoring 553 11.4 Dewatering Alaska Placer Effluents with PEO 559 11.4.1 Introduction 559 11.4.2 Plant Design and Operation 560 1 I .4.3 Results and Discussion 561 1 1.4.4 Treatment of Other Waste Slurries 563 11.5 Environmental Aspects of Mercury in Mining 564 11.5.1 Mercury in Nature 564 I I .5.2 Mercury in PIants 565 11.5.3 Mercury and Animals 565 1 1S . 4 Mercury and Human Beings 565 11.5.5 Mercury’s Use in Mining 566 11.5.6 Retorting 566 1 1S.7 Mercury Regulations and Safety Precautions 567 References 567 11.1

CONTENTS

CHAPTER 12

COAL

569

12.1

Introduction and Background 569 12.I . 1 Surface Mining 569 12.1.2 Underground Mining 570 12.1.3 Preparation 570 12.1.4 Refuse Disposal 571 Coal Mine Regulation 571 12.2 12.2.1 Surface Mining Control and Reclamation Act 571 12.2.2 Federal Mine Safety and Health Act 579 12.3 Environmental Considerations 580 12.3.1 Air 580 12.3.2 Water 582 12.3.3 Waste 583 12.4 Mitigative Design Techniques 586 12.4.1 Mine Planning and Design 586 12.4.2 Refuse Disposal and Water Management 586 12.4.3 Fly Ash Disposal 590 12.4.4 Reclamation 591 12.5 Conclusion 597 References 597

CHAPTER 13

ACID MINE DRAINAGE AND OTHER MINING-INFLUENCED WATERS (MIW) 599

13.1 13.2

Introduction 599 Potential Characteristics of Mining-lnfluenced-Waters 600 13.2.1 General 600 13.2.2 Five Common Characteristics of MIW 601 13.3 Geochemical Processes Related to the Characteristics of Mining-Influenced-Waters 603 13.3. I pH,Acidity and Alkalinity Controls 603 13.3.2 Sulfate and Arsenate Concentrations 606 13.3.3 Iron and Aluminum Concentrations 607 13.3.4 Heavy Metal Concentrations 608 13.3.5 Turbidity and Suspended Matter 609 13.4 MIW Remediation Costs 609 13.4.1 Basic Estimation Assumptions 609 13.4.2 Chemical Treatment 609 References 61S

CHAPTER 14

USES OF MINES AS LANDFILLS AND REPOSITORIES

Introduction 618 Design of Waste Repositories in Mining Facilities 619 Landfill Design 619 14.3.1 Landfill Classification 619 14.3.2 Site Selection 622 14.3.3 Facility Layout 625 14.3.4 Landfill Design Components 625 14.3.5 Construction Considerations 627 References 629 14.1 14.2 14.3

618

xxv

xxvi

CONTENTS

CHAPTER 15

ECONOMIC IMPACT OF CURRENT ENVIRONMENTAL REGULATIONS ON MINING

Introduction 630 Macroeconomic Impact of Currcnt Environmental Regulations 631 15.2.1 Economic Impact on the Total Economy 631 15.2.2 Impact on Mining Industries 634 15.2.3 Economic Benefits of Regulation 636 15.3 Impact on Project Feasibility 637 15.3.1 Cost Basis 637 15.3.2 Project Compliance Costs 638 15.3.3 Impact of Schedule Delays 639 References 641 15.1

15.2

CHAPTER 16

16.1

FINANCIAL ASSURANCES FOR CORRECTIVE ACTIONS, CLOSURE AND POST CLOSURE 642

Introduction 642 16.1.1 Financial Assurances and the Mine Life Cycle 643 16.2 Federal Government Perspectives 643 16.2.1 Policy Issues 643 16.2.2 The Public’s Desires 644 16.2.3 Historical Perspective of Financial Assurances 644 16.2.4 Current Situation 646 16.2.5 EPA Considerations 648 16.2.6 Outlook from BLM’s Position 649 16.3 Estimating the Assurance Requirement 649 16.4 Types o f Financial Assurance Tnstrumcnts 650 16.4.1 Surety Bonds 651 16.4.2 Standby Letters of Credit 651 16.4.3 Tnsurance 651 16.4.4 Self-Guarantees 651 16.4.5 Escrow Accounts 652 16.5 Coverage Mechanisms 652 16.5.1 Life of Prricct 652 16.5.2 Statewide andlor Blanket Guarantee 652 16.5.3 Phascd Bonding 652 16.6 Financial Guarantee Distribution Mechanisms 653 16.6. I Project Bond Release 653 16.6.2 Phascd Release 653 16.7 Release Critcria 6.53 16.8 Credit Risk Evaluation and Obligations 654 16.9 Commercial Banking Aspects 654 16.9.1 Certificates of Deposit 654 16.9.2 Standby Letters of Credit 655 16.9.3 Effect of 1992 Regulations 655 16.9.4 Trends in the Banking Industry 655 16.10 Public Accounting Aspects 656 16.10.1 Recording of Costs 657 16.11 Methods for Reduction of Financial (Bonding) Obligations 657 16.12 Conclusion 657 References 658

630

CONTENTS xxvii

CHAPTER 17

INTERNATIONAL ENVIRONMENTAL CONTROL OF MINING

Introduction 659 Global EnvironmentaI Agenda 659 Regulatory Outlook 662 17.3.1 Comparative Trends 662 17.3.2 Regulatory Outlook for the PhiIippines 669 17.3.3 The Latin American Countries 670 17.3.4 Asia and Pacific Rim Countries 673 17.3.5 Australia 675 17.3.6 Africa and the CIS Countries 676 References 676 Appendix1 676 AppendixII 678 Appendix 111 679 17.1 17.2 17.3

CHAPTER 18

ENVIRONMENTAL CASE STUDIES FROM THE HARD ROCK INDUSTRY

681

Introduction 681 Iron Mountain 681 18.2. I Inuoduction 681 18.2.2 Hydrology and Geology 683 18.2.3 Mining History 684 18.2.4 Environmental Contamination 684 18.2.5 Investigations and Remediation 685 18.2.6 Concluding Rcrnarks 687 18.3 The Summitville Mine: Build-up to Crisis 687 18.3.1 Introduction 687 18.3.2 Projcct Description 690 18.3.3 Pre-Galactic Mining History 690 18.3.4 Historic Water Quality 693 18.3.5 Galactic Activities, 1984 through 1992 693 18.3.6 Build-up to Crisis 696 18.3.7 Conclusion 697 Applying a Crushed Rock Vcncer to Control Dust on Dry Tailing 697 18.4 18.4.1 Introduction 697 18.4.2 Background 698 18.4.3 Evaluation of Control Alternatives 699 18.4.4 Crushed Rock Veneer 700 18-4.5 Results and Discussion 702 18.5 The Mine Permitting Process: A Case Study of the AIaska-Juneau Mine 18.5.1 Introduction 704 18.5.2 Mine History 704 18.5.3 Proposed Development 704 18.5.4 Permitting the A- J Mine 705 18.5.5 Conclusions 709 18.6 Oregon - Things Look Different Here 710 18.6.1 Introduction 710 18.6.2 A Brief History 710 18.6.3 Early Regulation 710 18.6.4 The Legislative Process 71I 18.6.5 Analysis of the Oregon Experience 715 18.6.6 Applying the Lessons Learned 716 References 716

18.1 18.2

704

659

xxviii

CONTENTS

CHAPTER 19 19.1 19.2

19.3 19.4 19.5 19.6 19.7 19.8 19.9

19.10

CURRENT AND PROJECTED ISSUES

7Z8

Introduction 718 Public Awareness and Concerns 718 19.2.1 The Risks of Developing New Mineral Resources 720 19.2.2 Mining Views the Environment 722 19.2.3 The Environmental Future 723 19.2.4 The Environmental Issues in Mining 725 Mining Wastes and Materials 726 Mined Land Reclamation 728 Remining Old Mine Workings and Waste Dumps 729 Revisions to General Mining Law and Regulations 730 Federal, State and Local Requirements - Interaction 733 International Requirements and Standards 735 Environmental Requirements and Mining Economics 736 19.9.1 Exploration 737 19.9.2 Development 737 19.9.3 Operations 738 19.9.4 ClosurePost-Closure 738 19.9.5 Related Issues 738 Other Issues 739 19.10.1 The Federal Clean Air Act Amendments 739 19.10.2 Storm Water Runoff 741 19.10.3 Endangered Species, Wetlands and Environmentally Sensitive Areas 19.10.4 Environmental Audits 744 19.10.5 Pollution Prevention 745

CHAPTER 20

DIRECTORY OF STATE REGULATORY AGENCIES

CHAPTER 21

GLOSSARY

INDEX

767

752

742

747

Chapter 7

INTRODUCTION J. J. Marcus

1.1 FOREWORD The objective of this chapter is to provide a foundation for the rest of the Handbook. It does so by initially describing the history and outlining the purpose, which is then followed by a definition of its structure or organization, which is immediately succeeded by a Reader’s Guide for each chapter. Finally, it alerts the wader to the current rush of events that make for a short shelf life for some of the presented information, especially laws in force and controlling political events. Nevertheless, this Handbook is designed to be more a manual stressing basic principles that change little, rather than a textbook supplier of details that are constantly in transition. As such, the Authors and Editors have tried to focus upon more universal design concepts in the field. Even if specific examples become dated, the Handbook is meant to be an enduring repository of basic engineering theories that form the foundation of environmental protection in the mining industry.

0

0

0

As a manual illustrating the steps and delails required to bring a new mine into full environmental compliance. As a prod to mining industry professionals to stress the need to take the initiative in identifying and alleviating environmental problems in a dynamic milieu. As a point of agreement or departure, i.e., a technical working tool for discussions/decisions on the impact of mining environmentalism and the necessity for defining operating and remediation requirements. As a sounding board for new ideas or concepts.

Soon after project startup it was decided that to make the Handbook an effective tool:

Every effort would be made to produce an unbiased study that could be accepted by all interested parties with differing environmental perceptions, but not to restrict the introduction of contrasting points of view, especially when needed for purposes of illustration.

1.2 PURPOSE OF THE HANDBOOK

The subjects treated would be limited to mining and processing up to, but not including, the application of heat (the RCRA definition).

The need for a mining environmental handbook, which would examine and define the dual effect of mining on the environment and the relatively new environmental controls on mining was evident for well over a decade. It first became apparent to the Editor during his employment as a consultant to the United States Environmental Protection Agency (USEPA) in the mid- 1980s. Upon subsequent discussions with various mining industry peers, it became increasingly evident that a mining environmental handbook would be of value to more than just the staff of the government regulatory agencies and could also prove beneficial to operators, manufacturers, design engineerskonsultants, environmentalists, legislators, a d financiers. A handbook covering a wide range of topics was thought necessary for a variety of reasons:

A snapshot in time of the mid 1990s would be presented.

This recognized the dynamic nature of many of the topics under discussion, especially the status of American federal and state laws, and the charter of some of the regulatory agencies. The only exception is the chapter on the historical perspective of environmentalism.

Generic data would be presented wherever possible in the application of design principles. The work would be concentrated on, but not completely confined to, the United States of America.

1.3 ORGANIZATION OF THE HANDBOOK

As a technical reference, design, and minerals operating practice source, and teaching tool primarily conccmed with the entire mining industry with emphasis on the hard rock (metallic) portion.

The Mining Environmental Handbook is arranged in a

1

2

CHAPTER

1

conventional, step-wise fashion to follow the natural order of cause and effect. As a foundation for the technical information to follow, Chapter 2 examines the role of mining in the environment, and the growth and effect of environmental consciousness on mining. Chapters 3 and 4 outline the pertinent federal and state laws dealing with mine environmentalism. Following, are five key chapters, Chapters 5 through 9, which together form the technical heart of the Handbook, dealing with the why's, what's, how's, and who's; addressing issues such as environmental problem identification, available protection technologies, the permitting process, design of facilities, and management of the environmental effort. Chapters 10 through 14 treat specialized or individual mining situations, i.e. solution mining and in situ leaching; dredging and placer mining; coal; acid mine drainage; and uses of surface mines as landfjlls and repositories. Chapters 15 and 16 deal with costs and financial assurance rcquiremcnts. Chapters 17 and 18 picture or amplify the preceding information either outside of the United States, or as case studies. Finally, Chapter 19 puts mining environmentalism in current and future perspective. A Directory of Lead State Environmental Agencies and a Glossary follow Chapter 19.

1.3.1 READER'S GUIDE Chapter 1 has been prepared as a reader's guide, to indicate the purpose, philosophy, and any special circumstances that were taken into consideration during the preparation of each chapter. It should be noted that the third digit of each of the following sections of the guide also corresponds to the actual number of each relevant chapter.

1.3.2 HISTORICAL PERSPECTIVE To set the stage for the remainder of the Handbook, a "warts and all" historical perspective of the interaction of mining and environmentalism is presented in Chapter 2. This chapter provides full coverage of the subject and includes some obviously contentious material, much of which is taken from direct quotes for added emphasis. The purpose of incorporating background details of this sort is not to feed the flames of controversy, but instead to provide an opportunity for better understanding some of the dissimilar ideas and emotions in play. This should then provide the understanding reader with a greater ability to deal with people who hold contrasting points of view. Specifically, the chapter is designed to establish an unbiased datum plane of the most up-to-date reference material, or flat playing field in terms of all the different environmental participants and issues, most particularly, as they see themselves. Major subjects treated are:

The

American

mining

industry

in

current

(environmental) perspective. How did we get here (in terms of the present state of mining environmentalism). The environmental role of the federal and state governments. Some background material on the environmental organizations that may be involved with mining. An outline of the philosophies and methods employed by the environmental organizations that are interested in the mining industry. A listing and some background data on mining industry non-technical associations that may be involved in environmental matters, particularly lobbying. A listing of the relevant non-advtcacy groups that usually deal in pertinent information. The factors involved in the call for a change in the federal mining law (especially in terms of environmental matters), areas of possible change, and position of some of the protagonists. An editorial calling for restraint and compromise building by all the disparate parties interested in mining and environmental control. Emphasis of Chapter 2 is placed on California, not because of its relative quantity of hard rock mining, but due to the importance of the stale as a leading cenkr of environmental thought and legislative action. Many people both directly and indirectly associated with this Handbook contributed information and ideas and immeasurably assisted by providing direction and information, helped moderate some stridency, and also pointed out errors in logic and substance. Nonetheless, the basic viewpoint presented is that of the Editor who, while endeavoring to provide objectivity, has also included some obvious middle ground editorial comments. 1.3.3 THE LEGAL BASES OF FEDERAL CONTROL Chapter 3 describes the major statutes and ideas that comprise the federal environmental regulation of mining. Though state and local regulation remain important, federal environmental laws enacted over the past 25 years have established the underpinning of environmental protection throughout the United States. This body of federal law forms the core of modern regulation of mining activities Chapter 3 begins with an overview of federal environmental law, including a broad description of major themes found in federal statutes. It also provides a guide to the organization of federal environmental law and regulations, and how to find them. The chapter then turns to separate descriptions of each of the major federal environmental statutes. Statutes addressed include the Clean Air Act, the Clean Water Act. the Resource Conservation and Recovery Act (or RCRA, see above), the Comprehensive Environ-

INTRODUCTION

3

mental Response, Compensation, and Liability Act (or "Superfund"), among others. Finally, this chapter also contains a description of the environmental protection aspects of the public land laws.

environmental problems to solve them by providing a tool to zero in on the best solutions on the basis of similar problems and applicable solutions presented in Chapters 5 and 6.

1.3.4 ENVIRONMENTAL CONTROL AT THE STATE LEVEL

1.3.7 ENVIRONMENTAL PERMITTING

Chapter 4 stresses the importance of environmental control of mining at the state level, which is often overlooked, and even misunderstood. It is currently the most active in terms of actual regulation, and dynamic in relation to the new legislation being enacted or contemplated. Initially an attempt is made to define the state-federal allocation of responsibilities followed by an overview of state programs. The states of California, Minnesota, North Carolina. a d South Dakota are then singlcd out for more detailcd explanation. The Interstate Mining Compact Commission for thc eastcrn states, and the Western Governors' Association for the western states are outlincd in terms of their activities.

Chapter 7 is a key chapter in the Handbook. It explains the "why" and then goes into significant detail on the "how" of environmental permitting. As such, it is expected that this chapter will prove useful if not indispensable to most users of this Handbook. After a stage setting introduction the following all encompassing topics arc addressed: r

0

rn 0

r

1.3.5 & 6 ENVIRONMENTAL EFFECTS OF MINING TECHNOLOGIES FOR ENVIRONMENTAL PROTECTION

-

0

r

Chapters 5 and 6 are designed as complementary and parallel chapters. Chapter 5, "Environmental Effects of Mining," covers a broad spectrum of mining-related environmental effects associated with planning, operating, and closing all types of mining operations. The chapter is divided into the broad categories of land, water, biologic aspects, air, and cultural consequences. Under each broad category, there are descriptions of what is affected, an explanation of what causes the effects, and a general description of the nature of the effects. Chapter 6, "Technologies for Environmental Protection," under similar broad categories of land, water, air, biologic aspects, and cultural consequences, describe the control technologies available to prevent adverse environmental effects, or to mitigate the effects that do occur. For each category of environmental effects described in Chapter 5, Chapter 6 describes the technologies, practices, and standards aimed at preventing, controlling, or remdating any adverse effects. Like many aspects of the mining environmental field, technology is changing rapidly. In addition, there a~ essentially an unlimited number of site-specific problems and special cases. In approaching this complex universe of environmental effects and technologies, the intent of Chaptcrs 5 and 6 is twofold. The first is to present a M coverage of the major types of environmental effects and the current state of avaiiable technologies, to give the reader a sense of the nature of various environmental impacts and the current technological approach to these issues. The second is to assist those with specific

Defining mineral system characteristics that may affect the environment. Defining project site environmental conditions (The Baseline Evaluation). Defining legal and regulatory requiremenls. Developing a permitting strategy. The EIS process. Defining project impacts, developing mitigation, and reclamation planning. Engineering for permitting versus construction d mine development. Closure and post closure planning. Project monitoring. Public relations and communications programs. Political involvement.

As stressed in Chapter 2, while most contributing authors and key personnel are employed in the mining industry, care has been taken to omit any partisan comments. Nevertheless, the last section of Chapter 7, dealing with political involvement, has been presented from the operating miner's point of view. However, the message can be applied to any other point of view dealing with the mining industry.

1.3.8 SYSTEMS DESIGN Chapter 8 focuses on the design process as applied to the disposal and containment facilities for mine tailings, waste rock, heap-leach ore, and associated process solution or leachate. Modern mining operations can develop large quantities of these materials, and have the potential for extensive environmental impacts if the process solutions and waste materials are not handled properly. The authors present up-to-date illustrations of how to properly design for this important task. The authors present design standards, containment technologies, and disposal methods commonly used at mining sites today. The increasing emphasis on minimization of potential impacts to human health and the environment is described contrasting earlier sbndards that

4

CHAPTER 1

placed greater consideration on low cost disposal and structural stability. The authors further conclude that the design goal of mine industry disposal and containment facilities, at the onset, must be based on successful closure as well as successful construction and operation, To accomplish this goal two key design aspects must be taken into consideration. They are: 1) the site-specific nature of the environmental protection requirements; 2) the need to properly integrate unit operations into sub-systems and then highly complex systems.

1.3.9 OPERATIONS ENVIRONMENTAL MANAGEMENT

On a generic basis for a medium to large size company, Chapter 9 is designed to pIace in perspective the environmental management requirements of a new mining project. The chapter's message is simple, that early, continuous, and coordinated environmental effort is n q d to ensure that a project's success is not otherwise impeded. In particular the concept of a "fatal flaw environmental evaluation" is preached prior to a project "go" decision in order to avoid permitting delays and the premature expenditure of major cash flows. The importance of Chapter 9 can not be sufficiently oversuted for the success of a new project. Ongoing mining industry operators may also be introduced to new and useful information. 1.3.10 SOLUTION MINING AND IN SITU LEACHING Solution mining and in-situ mining are at times mistaken for each other. They are distinct technologies adopted to different sets of geologic circumstances. Solution mining uses water as the solvent and creates caverns while extracting solubIe minerals. On the other hand, in-situ leaching uses chemicals added to water to selectively extract minerals from permeable settings with no cavern creation. Section 1 of Chapter 10 describes solution mining technology and Section 2 describes in-situ leach technology.

1.3.11 PLACER AND ALLUVIAL MINING Placer mining for gold has undergone a renaissance within the last few decades primarily because of the higher price for gold and better knowledge and available equipment. Chapter 11 presents an overview of the environmental impact of and a general description of placer mining. This is followed by a brief commentary on the general permitting and reclamation requirements. The next section offers a comprehensive study of the recent shallow ocean dredgmg off the coast of Alaska. Also in Alaska the problem of settlement of slimes is examined in terms of the use of flocculants. Finally, the usage of the hazardous element mercury i s presented on a historic level and then

its dangers and safeguards are pointed out.

1.3.12 COAL The coal mining and processing industry, in part, has been examined throughout this Handbook. It is also treated by itself in Chapter 12 because of its unique position in the American mining environmental picture. Its status is dictated and illustrated by the large size, geographic diversity, and long history of the industry; special environmental problems of widespread land disturbance and surface subsidence; very long lasting environmental difficulties such as the production of acid mindrock drainage, arid waste piles subject to spontaneous combustion; and the establishment of a federal environmental regulatory agency for a single mined product. Chapter I2 i s meant to introduce the environmental professional to the issues and regulatory processes specific to the coal industry. Non-coal industry personnel should also take special note of the degree to which coal mines are regulated in the United States. Coal mining regdation may serve as a model for future governmental activities in other mining sectors.

1,3.13 ACID MINE DRAINAGE AND OTHER MINING-INFLUENCED-WATERS (MIW Chapter 13 presents a brief overview of natural waters affected by mining activities. Acid mine drainage (AMD) is shown to be a subset of all mining-influenced-waters (MIW), and not a universal characteristic. Five major characteristics are discussed. The weathering of sulfide minerals produce acidic, sulfur-rich waters with elevated iron and other metal concentrations. Sulfide mineral weathering is accelerated by bacteria such as Thiobacillus ferruoxzdans, and the overaII process is seen to consist of an initiation step followed by a propagation step. Neutralization of such waters through reactions with carbonate and silicate rock types raises pH and tends to cause the precipitation of metals, frequently resulting in turbidity due to suspended ferric oxyhydroxides. Geochemical processes that control the five major characteristics of MIW are discussed and shown to be interrelated but sufficiently unique to require individual examination for an adquate understanding of MIW production and attenuation. The second part of the Chapter deals with cost estimates to remediate MIW. Values calculated have an order-ofmagnitude level of accuracy, and should be accordingly employed. Nevertheless, the reader should be able to update and modify the data for site specific examinations.

1.3.14 USE OF SURFACE MINES AS LANDFILLS AND REPOSITORIES There is a naturaI esthetic. environmental, and economic

INTRODUCTION synergism with the employment of abandoned surface mines as landfills or repositories. As landfills become more difficult to locate and permit, it is expected that old mines will be increasingly utilized. The purpose of Chapter 14 is to provide an overview of the design practices that are being currently used to meet most regulatory guidelines. Furthermore, observations are included on the use of these practices for current or abandoned mines. Finally, the advantages and disadvantages of developing and also operating waste disposal facilities within mined areas is included.

1.3.15 ECONOMIC IMPACT OF REGULATION The purpose of Chapter 15 is to attempt to quantify the impact of environmental regulations on mining ventures in the United States. This can not be fully accomplished because all the effects of the current and projected environmental regulations can not be completely determined and the environmental benefits of many of the regulations are intangible and therefore difficult to measure in a conventional benefit-cost analysis. Nevertheless, on a partial basis the environmental impact on a project's profitability can be determined by employing accepted engineering methods of mine project estimation. The results are startling. Comparing theoretically identical projects within and outside the United States, and further assuming equal pollution control requirements, a project outside the United States can be almost twice as profitable. This is attributable to two factors: increased data and report requirements and vastly increased time needed for approval. The net economic results are significantly-increased-direct costs of reporting, "taxi meter time." and a time value of money delay factor on the project, Economic modeling of this kind is little past its infancy. It is desired, hoped, and expected that by the medium term advances in modeling and data gathering will result in more exact evaluations that will be of use to all interested in the mining industry. 1.3.16 FINANCIAL ASSURANCES The concept that financial assurances should be demanded by regulatory agencies k s t appeared in the RCRA regulations several decades ago. They also stipulated that a formal closure procedure was r e q d as well as a post closure observation period. In addition the idea gained ground that certain industrial activities required either catastrophic insurance or else standby funds during the course of normal operation. Gradually states began incorporating these requirements in their own regulations, and the federal government also expanded its initial requirements out of RCRA. Complete closure requirements for mining remain to be fully defined, however, the prudent

5

mining company will ensure that proper allowances are provided for all new mining ventures as well as retroactively for older mines. Currently lacking definition are closure requirements, the types of financial assurances permitted, self-insurance acceptance criteria, the timing for submittal of assurance requirements, coverage and distnbution mechanisms, and release criteria, post closure time requirements, any possibility of retroactivity, and grandfathering. Nevertheless, a clear picture is emerging that outlines the situation for the mining industry. There is, however, one major sticking point, the great difficulty a mining company with less than an investment-grade-financial rating has in acquiring suitable support in the form of sureties or insurance.

1.3.17 INTERNATIONAL REGULATIONS Chapter 17 deals with the international regulation of mining. Outside of the United States, environmental regulation of mining varies with the country involved. In the industrialized nations, environmental controls are similar to those in existence in the United States. In the developing nations, controls and practices vary significantly. In almost all of the developing nations, environmental laws have been legislated based upon those already in existence in the industrialized nations. However, in the developing nations the degree of actual mine industry environmental regulation varies greatly. As the situation in the United States is in flux, so the situation outside the United States is even more so. Consequently, it is patently impossible to provide an up-to-date comprehensive record of world mining environmentalism in a Handbook of this nature. Rather an attempt is made to offer general guidelines with representative examples. The practitioner is cautioned, before the fact, to gain an inclusive understanding of the environmental regulations ad activities of any nation in which mining ventures are projected. 1.3.18

CASE STUDIES

Case studies selected for the Handbook illustrate the environmental challenges that face the mining community both on-the-ground and in public policy forums. Chapter 18 offers five widely varied studies. They describe efforts that have been undertaken to cleanup and reclaim old mine sites, to permit previously disturbed areas under current regulations, to permit a new site, and to influence legislation. Two of the studies describe government actions under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), also known as Superfund, and the Superfund Amendments and Reauthorization Act (SARA). The Iron Mountain Case discusses the Environmental Protection Agency's effort to clean up the

6

CHAPTER 1

mine waste and acid drainage at one major location in Shasta County, California. The study describes the complexities of trying to dcfinc h e problem and to develop technical solutions, The other CERCLA study discusses the events at Summitville, Colorado where a mine site is being managed by the federal and state governments under the response provisions of the Act. The company was substantially undercapitalized for a project of this size, and thus unable to effectively respond to the technical and environmental conditions at the site and the changing regulatory requirements. A1 the same time the state government found itself ill-prepared with regard to the resources and legislation necessary to address the complex regulatory problems. These two fundamental areas of private enterprise and state government failure led to a f&rai response. The Summitville Case has been highly controversial and has evoked a wide range of reactions. For some it has becomc a national "cause celebre" symbolizing abuse that can result from present day mining and ineffectual regulation. Others find the circumstances have been overstated by environmental activists and the press to serve a political purpose. The Summitville Case Study presented in this Handbook steps back from the controversy. It presents the authors view of what caused the problem and what can be learned based upon their review of public records. One study illustrates efforts undertaken to solve environmental problems at old mine sites. At Ajo, Arizona the technical approach undertaken by the Phelps Dodge Corporation to control dust on dry tailings is described. The Phelps Dodge objective was to reduce the particulate matter emitted to the atmosphere and thus reduce the amount of dust blown into the nearby town. The Alaska Juneau Case describes the comprehensive environmental planning and permitting efforts necessary for currently starting a mine. The shutdown Alaska Juneau operation is undergoing a review under the National Environmental Policy Act (NEPA) and other laws to obtain approval to reopen. The last study, "Oregon - Things Look Different Here" describes the political process that occurred in the development of the Oregon Law regulating chemical process mining (notable heap leaching with cyanide). The case discusses the issues involvcd in the dcvelopmenl of the legislation, the players perspectives, and the political twists and turns that resulted. It is a g o d example of how legislation is developed in the United States and the cfforts that inlercstcd parties must put forth to work toward mutually acceptable solutions.

1.3.19 CURRENT AND PROJECTED ISSUES

Chapter 19, titled "Current and Projccted Issues." reviews some of the major environmental concerns and questions arfecting the mining industry, and examines trends that will

likely have significant impacts on h e industry in the next several years. The industry has made significant improvements i n environmental protection during the last 30 years in response to environmental laws and public pressures. Although still often criticized for past and currcnt mining practices, the industry continues to commit considerable resources toward reducing the environmental impacts of mineral exploration and development, as well as mine closure and reclamation. The key environmental issues for mining discussed in Chapter 19 include revision of the Mining Law of 1872, regulation of mine waste material, land use restrictions, such as wetlands and habitat for endangered specks, and requirements for reclamation and financial assurances. Chapter 19 contains comments by four auihorities with different perspectives on how the industry has responded and will be impacted by these environmental challenges and trends. Although most of the environmental laws have been enacted at the Federal level and delegated to the States, more and more control over resource development and operation is being exercised at the local and municipal and county levels. As a result, mining companies are having to involve local citizens in mine planning and obtain acceptance of the development in order to receive necessary permits. Another trend is the adoption of environmental laws and regulations in developing countries similar to the standards applicable to mining operations in the United States. With the recent congressional approval of the North American Free Trade Agreement and the emphasis on equal environmental protection in all countries, it is anticipated that the move toward global environmental standards will only accelerate. The growing list of environmental requirements for mining and mineral processing facilities has had significant impact on the profitability of such operations. The stringent environmental standards adopted in the United States have adversely affected domestic mining firms, forcing many smaller marginal companies to cease operations. Only those companies that are well managed and have low cost operations will be able to survive in the competitive global market. A key for containing costs is to implement pollution prevention measures and stay ahead of new environmental requirements wherevcr feasible.

1.4 A WORD OF CAUTION Normally thc Latin expression caved emptor is used to warn purchasers that they buy at their own risk. In this case the reader is emphatically cautioned that the field of mining environmentalism is argumentative and can be emotional, but not anymore so than other areas of environmental protection, or for that matter, other realms of social regulation. Debate over environmental protection in mining can be sharp and impassioned, and is currently

INTRODUCTION

being carried out on many levels including the political, scientific, and technical. In addition it is open to very mpid changc. Overall government strategies toward environmental protection have greatly shiftcd in baqic ways several times since the late 1960s and early 1970s, and additional shifts should be expected. Therefore. all environmental information sourccs should he carefully checked for bias, accuracy, and timeliness or relevancy. This particularly applies to laws in force, groups having the authority to rcgulate, and the regulations themselves. Caution is especially necessary when dealing with technical information in the environmental area. Quantitative and even at times qualitative data is lacking on many basic environmental processes (acid rain, global

7

warming, etc.), and yet important policy decisions are even now being made in this information vacuum. Furthermore, even when data are available, interpretation is still subject to a great deal of uncertainty. The end result Is that there is an honest lack of agreement over fundamentals by many people dealing with many of the issues pertaining to mining environmentalism. This problem leads to the intersection of technology and policy. Unfortunately, at least for the prcscnt, it must be expected that some government decisions (hopefully, as few as possible) will be made based on the best partial information at hand, and environmental protection managcment must accept and deal with these political realities in order to function.

Chapter 2

DEVELOPMENT OF THE MINE ENVIRONMENTAL PRECEPT AND ITS CURRENT POLITICAL STATUS J. J. Marcus

2.1 INTRODUCTION

2.2 AMERICAN MINING INDUSTRY IN PERSPECTIVE

In the first half of the 1990s, as this Handbook was being written, the American mining industry and its professionals were in a state of transition. On-going changes in the industry included ownership (18 of the 25 largest gold mines were foreign owned), mode of doing business, types of mining, methods and targets of exploration, extent and manner of competition, and, especially, public perception and degree of acceptance. The industry was truly at a significant crossroads. This chapter's purpose is to place the mining industry in an overall historical and environmental perspective and then to suggest a moderating course of action in relation to possible mining law reform. As a first step, the environmental background of the American metallic (hard rock) mining industry is examined. Next, the development of environmental-consciousness, as an extended evolutionary process, is characterized. The role of the regulators is defined, and the principal environmentally concerned organizations are listed according to their philosophic points of view. Relevant mining industry organizations are also examined. Federal mining legislation, centered around the Mining Law of 1872, i s then surveyed in light of possible modifications and future impact on environmental control. Finally, a call is made for a lowering of the current strident level of divisiveness, rhetoric, and politicizing by many of the interested parties in order to promote government-led compromise and consensus building on mining and the environment. Substantial background and source material is introduced to assist those who intend to pursue further investigations of points of interest.

The American mining industry, which predates the Revolutionary War, has played an essential role in the economic well-being and the national security of the United States. Its importance is manyfold: as a producer of jobs (numerous in relatively remote areas), as the source of essential raw materials, as a provider of indispensable fuels, and as a factor in support of the international balance of payments. Without mining, the development of the western United States as we currently know it, would not have been possible. However, the cost of past mine development was high, as many early mine operators disregarded the damaging environmental consequences of their activities. At the time, these actions were both legally and even morally acceptable. The extent of damage to the environment caused by some mining operations was only understood after they had shut down, and many of the original owners have long since disappeared from the scene. Notwithstanding, serious environmental problems of yesteryear are still with us, such as abandoned radioactive tailings piles, mercury and other toxic heavy (base) metals entering the food chain, leakages and failures of tailings dams, invasion and depletion of aquifers, surface land subsidence and caving, acid mine drainage affecting wide areas, and abandoned mines requiring remediation. In some cases, environmental damage from mining is on-going at existing or recently mined sites, such as at Summitville, in Colorado. Several dozen (about 5%) Superfund sites are mining industry related. The authoritative book on this subject is Mining America (listed in the References).

8

THE MINE ENVIRONMENTAL PRECEPT

9

Figure 1 "We Were Giants'' - A modern view of the Bingham Canyon mine near Salt Lake City, Utah, the largest man-made excavation in the world. The mine has been in production for about 90 years. (Photo courtesy of The Kennecott Corporation.)

2.2.1 PUBLIC ATTITUDE TOWARDS MINING Public feeling towards the mining industry can be a catalyst, and at times a critical energizer, in the governmental decision-making. The American citizenry's opinion of industry cannot be ignored. This opinion was qualitatively sampled and the results presented during the American Mining Congrcss Coal Convention, May 3 5 , 1992. Two papers of great interest were offered during the Communications Session: "What Do People Think Of Us? Some Insights Into Public Perceptions Of The Mining Industry," and "Changing Beliefs And Attitudcs About Mining: How A Communications Audit Can Help." Both papers were written by S.A. LaTour and P.J. Houlden of Calder, LaTour and Associates Inc., based on a study commissioned by Caterpillar, Inc., for its film "Common Ground". UtiliLing interviews with randomly selected people in the Chicago area, the following principal beliefs and attitudes werc notcd as being directed towards the mining industry: 0

Mining is most strongly associated with underground methods. Above-ground methods scar the land, Mining is generally harmful to the environment. The mining industry exploits its workers. There is a lack of awareness of the benefits of mining for daily life. There is a lack of awarness of the mining industry's reclamation efforts.

Three films objectively describing mining, by the industry's own light, were subsequently shown to the people in the sample. The researchers found that no single film successfully counteracted all the negative beliefs of those interviewed, and some were not addmsed at all. It was apparent, however, that many people's attitude towards mining had been changed to varying

degree by these communications, although not all negative opinion was eliminated. Thus, it appears that the negative view many people hold of mining is somewhat superficial and can be altered by well prcpared and factual information. In summation, the authors said, clear and credible communications have a substantial potential to change people's negative attitudes towards mining.

2.2.2 CHANGING PERCEPTIONS AND VIEWPOINTS OF THE EARTH SCIENTIST The decades of the 1960s and 1970s brought a pivotal change in many earlier notions about mining. For up to a century, earth science professionals (mining and mctallurgical engineers and geologists) were viewed and pictured themselves as being in control of the conditions and forces with which they wcrc dealing. They felt they shared a hcroic role in society. Among their ranks were presidents of the United States and Mexico, inventors, guerrillas behind the lines in the Philippines during World War 11, authors of note, and even famous cartoonists. When the situation warranted, mining pcolc could and did do it all. Thc titlc of Chapter Two of Mining America, illustrates their credo by proudly proclaiming "...we were giants." Meanwhile, mining projects kept getting larger, as did their environmental effects, which were largely ignored. The decade of the 1960s witnessed the birth of a new social and environmental awareness coupled with political activism throughout the general population. Professor Smith in Mining America called this wellspring of political activism "an environmental whirlwind." In the meantime, the old time miners had run out of worlds to conquer and manifest destiny had long since been fulfilled. Suddenly, Americans had to live within their means. In this new atmosphere, earth science professionals have come to see themselves in a

16

CHAPTER

2

Figure 2 Cyanide processing tanks at Viceroy Resource Corporation's Castle Mountain gold mine in California are designed to eliminate the problem of bird kills at heap leach operations.

Figure 3 During the first year of operation at the Castle Mountain mine, more than 10,000 Joshua trees, cactii, and other plants were transported from the mine area to holding areas to await transplantation. Soil stockpiled from operational areas will be used for final reclamation.

different light. They view themselves in a time of rapid transition, participating in a profession that harvests nature's bounties, but with the maximum amount of care. The next decade should see the complete change from the old to the new style mining industry professional.

recycling. Some foreign mining companies, such as Metallgesellschaft AG and INCO, have begun issuing yearly reports on environmental activities as companion pieces to their conventional annual reports.

2.2.3 CHANGES IN INDUSTRY

2.2.4 REGIONAL ATTITUDES TOWARDS MINING

Mining companies, as well as all heavy industries, have adjusted to the reality of. factoring cnvironmental consequences into their decision making. In addition to traditional decision-making criteria, new and sometimes unconventional, non-technical sources of information must now be utilized. This information at a minimum consists of a legal understanding of the current and projccted key regulations that will impact a contemplated company decision; an appreciation of thc natural environmental factors that may be affected; a forecast of the concerns of environmental groups that may be tracking the company's activities; and thc anticipated response of the governing regulatory agencies. Sourccs for this information may include consultants, mine lobbying organizations, regulatory agencies, or even environmental organizations. John D. Leshy, in his book The Mining Law: A Study in Perpetual Motion, is generally critical of the mining industry's environmental record. Still, he favorably mentions the positive accomplishments of AMAX and Homestake Mining in this connection. In a like vein, Jeff Zelms, CEO for the Doe Run company, describes another case of an environmentally proactive mining company. Finally, The Financial Post presented Viceroy Resource Company with an environmental award for business in 1992 (see Figures 2 - 4). Mining companies now feel compelled to stress their positive environmental efforts, including massive

In the United States, the mining industry (hard rock, coal, and industrial minerals and rocks) is split into Wcstcrn and non-Western areas, both by location and regional perceptions. Westerners are usually more forgiving of environmental impacts, due to thc vastness of thcir region and relative isolation of the mines. Westerners understand the economic importance of mines to many Western communities and mining's role in the early development of the region. There are strong mining-advocacy as well as environmental groups in the West, In the non-West, with large, closely linked population centers, mainstream environmental groups support local resistance to the burning of waste at cement plants and to quarry openings and expansions. To illustrate the depth of this Western versus non-Western division, there are two geographically separate, statefunded data-gathering agencies: the Interstate Mining Compact Commission (IMC) and the Western Governors' Association (WGA) (see Sect. 2.7, and Chapter 4 ) concerned with environmental control of mining.

2.3 WHERE ARE WE NOW? The best way to understand why we are at the present high level of environmental concern over mining is by

THE M I N E ENVIRONMENTAL PRECEPT

11

Strong ideologic differences exist, not on the need for but on how to enforce environmentalism.

2.3.1 GROWTH OF ENVIRONMENTAL CONCERN

Figure 4 propagate

Greenhouses at the Castle Mountain mine native desert plants for use during

reclamation. trying to answer the fundamental questions: Where are we now and how did we get here? The existing measure of vigorous environmental concern is the end point in an increasing sequence of philosophical and social misgivings. Vague early concerns evolved over time into more specific environmental fearsl which by the mid to late 19th Century came to include all industrial activity, with the mining industry as one of the focal points. The solution to industry's negative environmental impacts at first was declared to be conservation or best utilization of natural resources, i.e., elimination of waste and care for what was at hand, and multiple use of the resources. By the 1960s. legislators and regulators had come to believe that more was needed. The goal was broadened to include reclamation and after-the-fact best attempts at remediation. Eventually, this too was regarded as insufficient, and comprehensive regulation was deemed necessary and is herein referred to as environmentalism'. I ) The term environmentalism refers to a recently coined doctrine. The American Heritage Dictionmy ofthe English hnguuge, defines it as "... advocacy or work towards protecting the environment from destruction or pollution." It is described by Von Altendorf as a,.. "Moral and politicat creed which emphasizes concern for humanity's dependence on flora, fauna. air, water, and other natural resources." In this Handbook the term is used in the following context for mining projects : The g o d cfenvironmenralism is io minimize any disruption of natural conditions during mining and lo achieve long-term socially acceptable land usefollowing cessation of operaiions. Thus designing for closure of facilities is a major aspect of environmentalism. Efforts custrimarily begin with u measurement ofthe local native state of the land. This ir conventionolly followed by a determination of the eflect of mining on it. Subsequent operations and encironniental planning and submission of documents to the regulator): ugencies are usuall>~performed concurrently. Regulatory requirenients conventiuwlly include rhe preparation of an Envircinmental Impact StutemeniYReport; Plan of Operarions, Plum for Closure. Post Chure Monitoring and Remediaiion. and Emergency Response; and submission of all necessary permits. Suitable jinuncial assurunces araihble to protect the environment are also an indispenTable ingredient for approval. Finally, with all the planning completed and regulalov conditions furflled. ir i.q recognized ihai only carefully cuntrrilled iinplementution ofthe plans. with constant detailed feedback. is rhe key to reaching fhe desired farget.

It is essential to realize that anxiety over some of the enviromental consequences of industrial development, including mining, actually existed millenia ago. By the dawn of the Bronze Age, mining (along with agriculture) as one of the earlier and highly visible modifiers of the natural ecology already had its detractors. This concern reappeared after the Dark Ages at the earliest beginnings of the Industrial Age, with mining as a hub, during the reign of Queen Elizabeth I in Great Britain. Prominent mining historian T.A. Rickard states that the term mine has the same root as menace, both of which were derived from the Latin fhreat. It can be conjectured that the threat was not only to life and limb of the miners of the time, but also to the environment. Ancient philosophers such as Seneca, Ovid and Pliny were not completely enamored with the march of technology and wrote about the negative aspects of mining. At the same time, on a practical level, attempts were already being .made to stop deforestation and subsequent soil erosion in East Africa, the Cape Verde Islands, Ghana, India, China, and Lebanon. Indeed not only mining, but also forest conservation, became an early issue. It was during the major reintroduction and expansion of mining and smelting in the 16th Century that environmental controls were first introduced in England: Coal burning was prohibited in London in order to reduce the atmospheric smoke. During the same period, Georgius Agricola, a physician and notably strong industry supporter, in De Re Metallica, the first modem text on mining, mentioned some of the negative effects of the industry on the environment and further refered to early restrictive Italian legislation. Later, social philosophers such as Henry Cornelius Agrippa, Eklmund Spenser, John Milton, John Donne, and Baruch Spinoza led the way in portraying mining and industrialization in a negative light. In the 18th Century. the first real attempt at environmental conservation occurred on the French island of Mauritius in the Indian Ocean. There, laws were passed to retain a goodly portion of the forests, protect the water supplies from industrial effluent, and prevent excess fishing. The successful Mauritius example was soon copied by the British in the West Indies and in India. In the 19th Century, earlier philosophical qualms were redefined into more specific ecological fears by writers such as George Perkins Marsh in his book Man and Nature, and the European writers Alexander Von Humboldt, Alexander Gibson, Edwards Balfour, and Hugh F.C. Leghorn. At the same time, first attempts were made to protect vanishing species of birds in the

12

CHAPTER

2

British colonies in Africa, India, and Oceania. During the early part of the 20th Century, the noted philosophers Martin Heideggcr and George Santayana continued to question the widespread accepted belief in the supremacy of man on earth aided by the seemingly inevitable march of technology. Lewis Mumford said, "Mining originally set the pattern for later modes of mechanization by its callous disregard for human factors, {and) by its indifference to the pollution and destruction of the neighboring environment." In addition, the popular British novelists Richard Llewellyn and Alexander Cordell in their biting mid-century social commentaries How Green Was M y Valley and The Rape of the Fair Country depicted the grim late-Victorian Era life of the miners and steel workers and also described the negative environmental consequences of mining on the beautiful Welsh countryside. They were all helping to sow the early seeds that would eventually flower into the birth of the current vigorous and political active environmental movement in the later part of the 1960s. On a current basis, the science-fiction novel Jurassic Park, by Crichton, can be interpreted, on a philosophical level, as a statement against the unchecked advancement of science and as a stark contrast to the view "we were (and still are) giants" Sect. 2.2.2. A who's who of the American Environmental Movement derived from a list prepred by Peter Wild includes: 0

0

Edward Abbey - novelist, especially of the prophetic The Monkey Wrench Gang. Ansel Adams - highly acclaimed photographer of nature, particularly of the western United States. John James Audubon - ornithologicaJ painter of the early 19th Century. Mary Hunter Austin - early 20th Century novelist/naturalist, who paved the way for Abbey and Leopold. David Brower - organizer and manager of the Sierra Club during the 1960s and then of the Friends of the

Earth. 0

0

0

0

Bernard DeVoto - novelist and classic western Pulitzer Prize winning historian of the mid-20th Century. William 0. Douglas - self-made man, Supreme Court Associate Justice, and vocal environmentalist. Aldo Leopold - government employee (Forest Service), writer, and a founder of the Wilderness Society. George Perkins Marsh - pioneer author in 1864 of the first book extolling primitive environmentalism. Stephen Mather - millionaire businessman, Assistant Secretary of Interior who energized the early National Parks Service. John Muir - key early inspirational naturalist, writer, and founder and first president of the Sierra

0

0

0

0

Club, and the "George Washington" of the environmental movement. Gifford Pinchot - proponent of conservation, government employee (Forest Service),Governor of Pennsylvania, and writer. John Wesley Powell - Civil War veteran, explorer of the Grand Canyon, and government employee (U. S . Geological Survey), a leader in setting up initial regional planning which was the forerunner of the conservation movement. Wallace Stegner - Pulitzer Prize winning author/historian, college professor, member of the Wilderness Society. Stewart Udall - politician, government employee (Department of Interior) in the epochal I960s, and still a powerful political force.

At the same time, interesting countervailing environmental opinions have received little attention. Sheldon Wimpfen writing in Mining Engineering states: "Many believe that man is almost wholly responsible for the degradation and pollution of the environment. This is a full scale example of man's arrogance as his contributions seem almost puny when compared to natural processes." Wimpfen then mentions lightning, which fixes nitrogen in the atmosphere, and major volcanic eruptions such as Krakatoa, and lately Mount St. Helens, Kilauwea, and Mount Pinatubo. He then remarks over significant past cataclysms such as the death of the dinosaurs. presumably caused by the impact of a huge meteorite in Central America, and the near recent Ice Age. Messages such as Wirnpfen's m messages to the converted. They do not seem to make any impact on the general public; or else the public feels there are controllable and uncontrollable environmental events and it leans, where possible, towards dealing with the former.

2.3.2 MINING IN THE UNITED STATES AND THE DEVELOPMENT OF THE ENVIRONMENTAL ETHIC Although significant settlement of the United States did not occur until the mid-18th Century, the coincident advancement of the Industrial Revolution in Europe created a demand for raw materials or semi-finished products from the New World. Commodities eagerly sought were straight, tall, trees without knots for use as ships' masts, and pig iron for varied industrial purposes. During Colonial times and into the beginning years of the American Republic, low level concern over the environmental effects of mining was already being expressed over the budding operations in southeastern Missouri, the upper Mississippi Valley, the Tri-State District, and at Dahlonega, Georgia. However, it was the


13

~

fast growing iron industry that made thc first major visual impact. Spread out over most of the original colonies wcre numerous deposits of bog iron derived over geologic time from iron in solution that had scttled uut or been deposited along many East Coast streams after encounlering natural limy conditions. Siliceous hard rock) ores and sea shelks werc available Tor Flux, and most blast furnaces of the time were crude and small. The first metallurgical operations utilizing bog iron to produce pig iron date hack t o 1643 in Massachusetts. By 1700, annual production of pig iron was 1500 tons, This total increased to 10,000 tons in 1750, and to 30,OOo tons by the time o f the Revolutionary War, when the American rate of production was greater than both England and WaIes. and ranked third in the world. Only wood was uscd in the reduction process, and whole geographic areas, especially in Pennsylvania, had their timber cut and without replanting became denuded. Ultimately, as had already occurred in Great Britain, coal had to be substituted because of thc emerging lack of timber, and thus the U.S. coal mining industry was born. Other mining activity of note prior to the California Gold Rush included base metals extraction stretching from Franklin Furnace, New Jersey, to Austinville. Virginia: early gold mining in the Carolinas and Georgia; lead mining mostly for providing metal to be cast into musket balls in the mid and upper Mississippi Valley; and Lake Superior copper. The writer Peter Wild, when referring to this earlier period of settlement and industrial activity on to the end of the 19th Century, analyzed the events from an ecological standpoint. With deep emotion, he concluded that "Perhaps no country in history altered its environment as quickly as did the United States in the first dozen or so decades of its existence. Cheap land. new technologies, and a swelling population - the very factors that gave the new nation muscle - also tended to leave the land a shambles, (many of) its wild species extinct or pushed into remnant populations." Even from the beginning of this huge undertaking, members of both the American Philosophical Society and the American Academy of Arts and Sciences, founded respectively in 1743 and 1780, expressed concern about the management of America's natural resources. In this connection, such famous early writers as Jefferson, Emerson, Thoreau, and Agassiz were the spiritual forefathers of the American environmental movement. However, it was not until large-scale hydraulic gold mining began in California a century and a half ago, that an intellectual uneasiness by the few quickly turned to widespread alarm by many, in a localized area, ovcr the ecological impact of mining. This original concern was not per se ovcr the environment, but rather by competing economic interests over the responsible use of our natural resources. While n series of local objections periodically appcarcd, it was not until the late 1960s that initial

worries over indusbiaIization and mining crystallized into full-scale apprchension, bolh on the national and international levels. It was at this time that influential Icgislators such as U.S. Senator Vance Hartke cnded up calling mining "...a runaway Icchnology ...(that) poisoned our air, ravaged our soil, stripped our forests..., and corrupted our water sources." During this period reclamation was deemed to be the answer to thc problem, and the Clean Air, Solid Waste Disposal, Water Quality, National Environmental Policy (NEPA), and Resource Conscrvation and Recovery (RCRA) and Surfacc Mining Control and Reclamation (SMCRA) Acts as well as an authorization for the preservation of the National Wildemcss, were all passed by the U.S. Congress. From that period to the present, except for a failed attempt at retrenchment in the early 1980s. a ground-swell of public concern ctmtinued to huild. With this concern came a realization that planning to counter the detrimental effects o f industrialization, especially inctuding mining, was warranted.

2.3.3 EARLY ENVIRONMENTAL CASES The author Robert L. Kelley describes the onset of one of the first legal decisions and laws in the United States dealing with the environmental effects of mining. His book is subtitled "A Chapter in the Decline of the Concept of Laissez Faire." In reality, Kelley goes much further, describing the birth of the hydraulic gold-mining industry immediately following the initial major placer mining period in California (1 849- 1852). He then notes the effect of unconfined dumping of hydraulic mine tailings into nearby surface waters and the resulting downstream damage done to farms. towns, and cities. While 10 rivers drain the Sierra Nevada Range to the west only the northern-most, the American, Bear, Yuba, and Feather Rivers, comprise the California hydraulic mining area. In 1880, the California State Engineer prepared a report on irrigation and mining debris. In his report. he estimated that almost 700 million yd' of material (gravel) had been mined along the Yuba River; with a further 100 million yd3 and 250 million yd', each. along the Bear and American fivers. The US. Army Corps of Enginccrs estimated that in thc period of 1849-lYOY, more than 1.5 billion yd' of gold-bearing material was mined by hydraulic methods. In addition, the Corps of Engineers estimated that some 40,000 acres of farm-[and wcre seriously damaged and an additional 15,OOU acms wcre partially damaged by flooding and the deposition of hydraulic minc tailings. Kelley details the legal actions of the farmers and the reaction of the hydraulic miners. It was a classic Western showdown of competing economic interests, literalty gold vcrsus grain. After a period of intense legal

14

CHAPTER

2

Figure 5 Hydraulic mine operations in California. (Figures 2 - 7 are original documents placed in evidence during the historic Edwards Woodruff vs. North Bloomfield gravel mine court case, December 1 1, 1882. These photos are published courtsey of the California Historical Society and were take by Photographer J. A. Todd.)

skirmishing, the matter was taken out of the state courts. The California legislature passed the Drainage Act of 1880 to deal with the state's regional river control problems, including navigation, bccausc river transport was heavily in use by that time. This entailed construction of several check dams, whose costs were paid for by a very unpopular statewide levy rather than solely by the hydraulic miners. Unfortunately, the winter of 1880-188I , brought torrential rains and continued catastrophe for many farmers in the drainage area. Simultaneously, the unpopular E5X was proving difficult to sustain. Attempts to have the Act repealed were not successful; however, the state supreme court decreed the law unconstitutional, giving rise instead to federal intervention in regulating the waters of the state. A statute that was originally meant to only control mining gradually evolved into a much more comprehensive ordinance for river-wide reclamation. In what eventually was to become a landmark legal action, Edwards Woodruff, a property owner in Marysville, brought suit in the Ninth United States Circuit Court of Appeals in San Francisco against the North Bloomfield Gravel Mining Company and other companies operating mines along the Yuba River. (The

North Bloomfield Mine is now known as The Malakoff Diggins State Historic Park near Nevada City, California, and serves as an ever-present example of hydraulic mining). Judge Lorenzo Sawyer, a 49er and exminer, adjudicated the case. He started out with a complete understanding of all thc important elements involved and initially made an extensive inspection of the mines and farmlands. In a well-reasoned, two-phased decision in 1884, thc judge ruled that: 1) all the defendants were responsible for causing the debris problem and 2) hydraulic mining was not prohibitcd, but operators were enjoined from discharging mine wastes into the Yuba River. Additionally, the companies that owned the water rights, ditches, and dams were prohibited from supplying water for hydraulic mining from which tailings were being discharged. While the larger mines along the Yuba, Bear, and American Rivers were almost immediately shut down, smaller operations and hydraulic mines along the Feather River to the north, continued to operate without containment of the tailings. Gradually these too were forced to cease operations, so by 1890 unrestrained hydraulic mining in the Sierra Nevada (but not elsewhere as in the Trinity Alps west of Redding, to the north) had all but ended. (Figures 5 - 10 are historical


Figure 6

Figure 7

How hydraulic mining changes the landscape.

Hydraulic mine tailings, or "slickens,"overflow a check dam that obviously failed to hold them.

15

16

CHAPTER

2

A check dam filled to capacity: From all accounts, such dams were not engineered to handle the quantity Figure 8 of mine tailings actually dumped into the streams.

Figure 9

Hydraulic mine tailings deposited at the "fall line" in the Sacramento Valley.

photographs taken as evidence for the Sawyer Decision. Figure 11 shows the scars in a hydraulic mined area some 110 years after the fact.) Until 1892, a trade group known as the Hydraulic Miner's Association had represented the larger mine

owners. In 1892, a new organization was formed, the California Mining Association, which was more democratic in composition and also admitted mine workers. At the same time, sentiment was growing that perhaps the pendulum of the Sawyer Decision had swung

THE M I N E ENVIRONMENTAL PRECEPT

17

Figure 10 The original notation on the photo states, "Shows to the right, devestated lands formerly known as Brigg's Orchard. In the center, the North Levee five miles south of Marysville. On the left, the pastures and grainfields of Mr. Teagarden .'I

Figure 11 Some 110 years after the Sawyer decision, a current view of the Malakoff Diggins Historic Park: This is the site of the North Bloomfieid hydraulic mine, where the scarred landscape is still not significantly healed over. At a glance, the result is similar to abandoned coal high walls in Appalacia. too far and that some moderation was necessary. After much politicking, a bill prepared by Congressman Anthony Caminetti of northern California was passed and signed into law in 1893. The Caminetti Bill,

amcndecl in 1907. 1934, and 1'338, called for the establishment of a California Debris Commission. which would regulate hydraulic mining so as to prevent damage to rivers in terms of both flood control and navigation. (See References, Hagwood, for historic details on the Commission.) To operate, each miner was required to submit plans for approval. The Commission was composed of U.S. Army Corps of Engineers professionals, the key personnel o f which were appointed by the President. The law also carried a penalty clause. Finally, miners were not freed in any way from the power of the Courts. The window was opened for mines to operate, but under tightly controlled conditions. From 1893 until 1935, the Commission issued more than 800 work permits, but most were for small to mid-sized hydraulic operations. Large-scale, unrestricted dumping of mine tailings into streams quickly became a thing of the past, and it then took some 40 years for most of the tailings to be flushed out of the major river systems. Thus, it was established almost a century ago that miners do not have a compelling right to operate without regard to their impact on the community (and indirectly upon the environment). Furthermore, they could also be required to have permits to mine. The California Debris Commission was finaIly abolished by the Water Supply Development Act of 1986. However, the Commission's activities are being continued by the Corps of Engineers,

I8

CHAPTER

2

and are now being handled under Section 402 of the Clean Water Act. Intermittent cnvironmental events similar in principle to the hydraulic mining controversy in the California Sierra Nevada Range became the general pattern for the next century, as U.S. demand for minerals and coal skyrocketed. Mincrs, as well as operators of other basic industries, for the most part did not take account of the environmental consequence of their activities until people down-stream or down-wind began to actively complain and take legal action against them. In the caw of mining, usually, reclamation (i.e. after-the-fact remedialion) was then gradually implemented with varying degrees of succcss. In other instances, Owners were enjoined from operating, or required to operate under slrict controls, or, as in Oakland, California, in 1872, refused permission altogcthcr to construct a smelter. Chronologically, the next series of cases centered around copper smelting at Butte, Montana; Ducktown, Tennessee; Salt Lake City, Utah; and evcn at the much smaller operation at Iron Mountain, California (Figure 12) by complainants derisively referred to as smoke farmers. The latter event is reported in passing in Chapter 18 of this Handbook. On the other side of the argument, William Clark, one of Butte's Copper Kings, was not shy in describing the advantages of smelter smoke to the health of the populace, asserting that it was "...believed by all the physicians of Butte that the smoke ... is a disinfectant and destroys the microbes that constitute the disease (diphtheria), and furthermore the ladies were very fond of Butte because there is just enough arsenic there to give them a beautiful complexion." (Smith, D.A., 1987) Also during this period, lead smelting at Selby, California, was investigated and operators were forced to take corrective action. On an international basis, Washington State apple growers compelled the imposition of restrictions on smelting at Trail, British Columbia. Interestingly, the Trail solution resulted in use of the sulfur offgas to produce a profitable fertilizer byproduct. During this period the current concept of environmentalism did not exist. Instead, the prevailing thought was centered around resource conservation and development, or multiple use management of public lands as defined by Gifford Pinchot, organizer of the U.S. Forest Service. This issue was considered to be sufficiently irnporlant by Pinchot and Thctxlore Roosevelt, as Progressives, for them to bolt the Republican Party, with its prevailing view of laissez ,faire capitalism. They organized the reformist Bull Moose Political Party in 1912. Thc wise usc or natural resources to avoid highgrading was considered to bc the most singular important problem associated with industry in general and mining in particular. However conservationists such as Pinchot were also acutely aware that forest denudation resulted in the erosion o f topsoil

and included this in their litany of complaints urgently needing rectification. Other voices, such as that of H.L. Mencken, were raised against pollution caused by unchecked industrial activity in large cities.

2.3.4 RISE OF MODERN ENVIRONMENTALISM After a relatively long hiatus, the next major cnvironmcntal push originated with the coal industry and its ongoing problems or subsidence, acid mine drainage, and lingering fires in refuse piles. By World War 11, as underground mining increasingly gave way to surface stripping and contour mining, the coal mining industry became the target of increasingly negative environmental publicity. In 1939, Wcst Virginia, quickly followed by Ohio, Illinois, Kentucky, and Pennsylvania, passed laws regulating surface coal mining. Reclamation, including re-contouring, reforestation, and construction of lakes and parks, to restore the large areas of land modified by mining quickly became the standard. Subsequently, the federal Surface Mining Control and Reclamation Act was passed and the Office of Surface Mining was established to regulate the coal mining industry nation-wide. It became apparent during the last decades of the 20th Century that before-the-fact environmental planning was necessary to prevent many of the long-term problems created by mining. What constitutes environmentalism, and how it should be applied to current and future operations, forms the difficult nexus that is slowly being resolved. In the complex equation of how we should practice environmentalism, two important tenets gaining wider credence are that unlimited technological growth is not necessarily advantageous and that all species have equal value and, accordingly, should be protected from biological extinction. In this connection, Aldo Leopold wrote his classic book, A Sand County Almanac, as an ode to the beauties of nature. Leopold defined the ecological conscience as .a state of harmony between men and land. This concept, now known as biocentrism, holds that nature, not humanity, is the measure of all things. Those interested in additional insight into the bewildering array of philosophic views on the nature of environmentalism should consult Michael G. Nelson's paper "Understanding the Environrnental Movement: A Brief History and Assessment of Its Goals" (presented at the SME Annual Meeting, Fchruary 1993.) 'I..

2.3.5 THE ENVIRONMENTAL PROTAGONISTS Tracking all the major participants in the grcat debatc over the nature of, and requireinents for, mine environmentalism is a significant task in itself. On an overall basis, they can be grouped into the following categorics:


19

Figure 12 Operations at the Iron Mountain mine near Redding, California, early in the 20th Century: this site is currently being remediated under Superfund legislation.

Suppliers and other supporters:

Legislators: Federal and State

Equipment vendors Consultants Unions Allied Industries Financial Institutions

Regulators: Federal, State and Local Environmentalists: Tier one or mainstream organizations "Deep" environmental or radical organizations Mining focused organizations

0

Neutral Data Gatherers

Mining Industry:

0

Public

Mining companies: Major mining companics Junior mining companies Prospectors and independentlsmall miners National organizations: Lobbyists Trade organizations State organidons: Lobbyists Trade organiLations

There are a number of source books that may be useful in identifying the various players in thc environmental arena, including the Encyclopedia of Associations, Gale Research, Detroit; National TM& & Professional Associations of the United States, Columbia Books, Washington, DC; the Environmental Executive Directory, Carrol Publishing, Washington, DC; and the Northwcst Mining Association's Annual Directory. C h p t e r 20 of this Handbook contains a "Directory of State Regulatory Agcncics." 'I'here is no known organizational chart of the federal and state agcncies that regulate thc mining industry. Each mine operator must ascertain those regulators that have

20

CHAPTER

2

authority over his operation, and these are subject to change without notice.

2.3.6 MISCONCEPTIONS OF SOME PROTAGONISTS There is some misunderstanding among the different groups interested in environmental protection in the mining industry. Almost everyone involved starts from a similar core position of the need for environmental protection. Outside this large middle ground, on both ends of the spectrum are the radical fringes, which are small in number but which tend to receive inordinate publicity. For example, in industry there are many who are convinced that the mainspring of the present environmental movement is a well-placed group of original anti-Vietnamese War activists from the late 1960s and early 1970s, who found a new exploitable cause. In their zeal, ignorance, and/or political naiveteVagenda, the activists have blown the environmental situation completely out of proportion. Conversely, the mining industry is pictured by some of its opponents as still being intellectually and emotionally in the 19th Century. Needless to say, the desire to limit the effects of mining on the environment in the United States has been around for well over a century, and even earlier than that in a loose philosophical sense. In addition, a strong desire to protect our planet is worldwide in scope and prominent throughout the industrialized nations. A tiny minority of "tree spikers" or "ecoteurs," a newly coined word to describe environmental (ecological) saboteurs, existed in the recent past. To place all environmentalists in this category is both erroneous and self-defeating for the mining industry. Furthermore, calling them "tree huggers" and "greenies" is as productive as accusing all contemporary mine operators of "rape, ruin, and run." The overwhelming majority of cnvironmental activists is law abiding. They fully realize that illegal acts alienate the public and eventually prove to be counterproductive. Similarly, the vast majority of mining industry personnel realize that they all live on "spaceship earth" and fouling the environment is selfdefeating over the long haul. Any environmental risk is a strong deterrent to potential lenders and therefore tends to become a very serious matter for most mining companies. Some banks have created environmental screening committees to avoid loans to companies with high ecological risk. Some environmentalists and mine operators are predisposed to negative notions about each other. At times, they exaggerate opposing positions. For example, one environmental publication wishing to have the mining law reformed speaks of "...the mining industry...rushing to buy almost $100 billion worth of

public lands, for a tiny fraction of their worth." Undoubtedly this figure is somehow derived by estimating the gross value of the geologic resource, rather than the accepted practice of estimating the net present value of the minable and recoverable reserve. Conversely, representatives of the mining industry sometimes overstate the resources and political effectiveness of environmental groups. Erroneous information also exists to support partisan claims by those involved on either side of the debate. The U.S. Bureau of Mines distributed a "Customer Alert" identifying incorrect information published on the subject. Two situations were reviewed. In the first, the American Mining Congress overstated the number of mining industry employees according to statistics published by the U.S. Mine Safety and Health Administration, and secondly, the Mineral Resources Alliance underestimated the value of the non-fuel mineral production in Pennsylvania.

2.3.7 POLITICIZING THE DEPARTMENT OF INTERIOR The federal Secretary of Interior is undoubtedly the most important position in the management of the nation's natural resources and control of the mining industry. It is at this level where most of the principles that affect the industry are established. Political appointments within the executive branch of the federal government are designed to establish the basis for each President's agenda. In the past, this has meant the relatively uncomplicated stewardship of the country's natural resources as the purview of the Department of Interior. This was especially true with appointment of such stalwarts as Franklin K. Lane, Harold Ickes, and Stewart Udall during this century. This pattern changed after the enactment of a flood of environmental laws during the 1960s and 1970s. Interpreting these laws and setting priorities and precedents has be,come highly selective and depends to a large degree on the agenda of the President of the United.

2.4 ROLE OF FEDERAL AND STATE GOVERNMENTS Simply stated, the federal government and the states manage the affairs of the United States by a complementary allocation of legislative, executive, and judicial authorities. However, separation of these authorities may be indistinct and subject to change. In any case, environmental protection has become extremely important from a government point of view, if for no other reason than its overwhelming support among the American electorate.

THE MINE ENVIRONMENTAL PRECEPT 2.4.1 THE FEDERAL GOVERNMENT

The Federal Government holds the primordial position of enacting, interpreting, and implementing the environmental laws of the United States, the most relevant of which, pertaining to the mining industry, are described in Chapter 3 . Enacting legislation can be a painstaking process necessitating much political maneuvering. For example, in 1992, Congress tried to pass a reauthorization of the Resource Conservation and Recovery Act (RCRA) including continued delegation of authority to the states. This effort was stymied by conflicts over matters such as expansion of authority over non-waste substances such as heapldump leach material and ore stockpiles, expansion of federal authority over state mine waste permits, inclusion of wastes from exploration projects, and vagueness over the program's application to new and inactive mine sites. Mining regulation is often accomplished through those government agencies charged with the responsibility of managing the nation's resources. Agencies in this category include the Bureau of Land Management (BLM), the Forest Service (FS), the National Park Service (NPS), the Bureau of Indian Affairs (BIA), the Fish and Wildlife Service (F&WS), and the Bureau of Reclamation (BR). It should be noted that heavy criticism has been directed against the paired development and regulatory functions of these agencies. This duality of roles is considered by many to place those agencies in irreconcilable positions. Furthermore, streamlining government activity by merging agencies has been suggested again and again during the last half of this century, beginning with the Hoover Commission under President Harry Truman, continuing with the Grace Commission during the 1980s, and more during the Clinton Administration. This problem is illustrated by Cominco's Red Dog Mine, which started to operate in Alaska in the late 1980s. Road construction required the granting of 33 permits from seven different state and fcderal agencies. Construction of the port site necessitated an additional 20 permits and/or approvals from nine different state and federal agencies. For the operating facilities, dozens of additional permits were required. During the mid- 1970s, Senator Floyd Haskell described the circumstances of the BLM, which had to administer several thousand public land laws accumulated since the birth of the Republic. His statement that "these laws are often conflicting, sometimes truly contradictory, and certainly incomplete and inadequate," still applies today. Much current and future mining will occur on claims authorized under the General Mining Law. The BLM manages I. 1 million claims and traditionally receives 90,000 additional claim notices for processing each year. Except for the Forest Service, part of the Department of Agriculture, the other such agencies are within the

21

Department of the Interior. Also affecting mining, in addition to the Department of the Army's Corps of Engineers (CE), are two purely regulatory agencies also heavily involved in environmentally safeguards, namely the Office of Surface Mining (OSM) and the Environmental Protection Agency (EPA). Counterproductive and costly overlapping of federal regulatory responsibility among agencies exists. Undoubtedly, this results from a maze of programs, developed over time that, lack coordination and consistency. Failure to eliminate duplication of effort is attributed to jurisdictional disputes among the agencies. However, the problem can be more deeply rooted, and in many cases the actual turf battles hark back to the congressional-oversight committees and their desire to maintain their prerogatives. Compounding the problem are conflicting interests within some agencies and between agencies over development and protection. Whatever the cause of the problem, the net outcome can result in costly additional requirements on the mining companies by the different agencies, and sometimes in required goals that cannot be attained. Especially relevant are the comments of the General Accounting Office (GAO) in its report of December, 1992, entitled Environmental Protection Issues. It states: "Although EPAs regulatory programs depend heavily on scientific information...data often do not exist, or when they are available, are of poor quality and difficult to access and use. (The term "junk science" has recently been applied to this situation). Moreover, despite the fact that environmental programs are designed to clean up ...pollution, EPA has not collected the information necessary to judge the success (or failure) of its programs." More to the point compliance costs are spiraling upward. According to an editorial in Science, Vol. 259, January 8, 1993, "In April 1992, 59 regulatory agencics with about 125,000 employees worked on 4,186 pending regulations ...the fastest growing component of costs is environmental regulations." The GAO Report states that during the last 20 years about $1 trillion has been spent and/or invested in environmental protection. Furthermore, it states "...as a result of the legislation enacted over the last 20 years, American industry and government are currently spending about $1 15 billion per year to meet environmental goals, and the amount is expected to increase to $160 billion per year by the end of the decade." (It has been estimated that for every dollar spent on enforcement, industry spends some $10.) The EPA (References, Carlin, A.) estimates that in 1987, 82% of total environmental spending was locally derived, while the remainder came from the state and federal governments. By the year 2000 the EPA further estimates that the local share of the environmental costs will rise to 87%. Thus, the federal government is enacting more and more unfunded environmental mandates.

22

2

CHAPTER

Y E A R L Y ENVIRONMENTAL

Z

(Environmeniai Costs/GNP) I

3 2 5

zE 2 c

1.5

V w Q

a

: 0 5 n

Figure 13 illustrates the growth of environmental costs as a percentage of the gross national product (GNP) From 1972 through 1990, and thereafter by projection. Based on the relatively slow growing U.S. economy, the question that immediately comes to mind is how the nation will be able to afford this expenditure? The corollary of course is how can we afford not to environmentally maintain andor clean up the country? The dilemma is compounded in that expenditure can be quantified in economic terms, while success is difficult to judge on a cost effective basis. Certainly, a step in the right direction is the bill 5.2132, introduced by Senator Moynihan, D, NY, in the 102nd Session of Congress and entitled "The Environmental Risk Reduction Act." This Act proposed "To require the Administrator of the Environmental Protection Agency to seek ongoing advice from independent experts in ranking relative environmental risks; to conduct the research and monitoring ncccssary to ensure a sound scientific basis for decision-making; and to use such information in managing availabIe resources to protecl society from the greatest risks to human health, welfare, and ecological resources.'' It can only be hoped that a biIl of this nature is quickly paqsed as the intent is beneficial to all. For its part, the GAO suggests greater use of non-regulatory alternatives for controlling smaller and diffuse sources of pollution. Furthermore, it recommends employment of marketbased incentives. In summation, vast amounts of money have been spent on the environment; but apparently not in the most effective manner. Not all agencies of the federal government manage or regulate; some promote education and health, others such as the State Department represent the people, others protect the people, etc. Of particular interest to the mining industry are agencies that perform basic research and gather, collate, and publish information of significant import. In this regard, the Bureau of Mines, now disbanded, and the Geological Survey have outstanding reputations for technical excellence. Unfortunately for the mining industry, the budget-cutting

104th Congress determined to eliminate the Bureau of Mines and the Bureau officially ceased to exist as of the end of 1995. Both the Bureau of Mines and the Geological Survey have been involved in researching, gathering and disseminating environmental information. From the industry's standpoint, it is hoped that the Geological Survey can continue this effort and undertake further research on specific projects, such as adit plugging or damming to prevent the outflow of acid mine drainage. An in depth analysis that indicates where and how the method can be properIy employed should find broad and immediate application. Another important function for the Survey is the cataloging of abandoned mines and estimating the cost of their remediation (See Sects. 2.5.3 and 2.8. I ) . Completely separate from these two applications has been a recent step in the right direction with the formation and funding of a National Biological Survey whose task is to gather baseline data. However, the effort may still be too narrowly defined. The biosphere investigation while complex, is only a part of the data necessary for the proper management of all of our natural resources.

2.4.2 EMERGING ROLE OF THE STATES The federal regulatory position over the mining indusw is generally well understood. The regulatory importance of the states is customarily less appreciated and wanantq more attention. As stated in Chapter 4. most mining environmental law is actually state law. State laws may well parallel federal laws, but they are based on the separate-and-distinct police powers granted to the states. Interestingly, this increased regulatory assumption by the states during the last decades of the 20th Century has matched the desire of the citizenry and even much of the federal government to have the states take on more of the regulatory control authorized to the federal government. The purpose of this transfer of control is to provide local regulators, who are usually much more conversant with on-site conditions, with greater decision-making authority. Actual control is delegated to individual states


after they enact comparable or even more restrictive legislation, prepare an acceptable regulatory program, and staff a suitable agency. The federal government still monitors the results. Some funding for administrating expenses may also be passed to the states. However; many states justly complain that they receive increased authority without comparable increases in funding. The decade old movement away from federal control of land has been called "the sagebrush rebellion." Its most vocal advocates urge transfer of all federal lands to State and/or private ownership. Interestingly enough, this was then Secretary of Commerce Herbert Hoover's desire back during the 1920s. A continuation of this "state's rights" issue has been the billing of the federal government by the State of Alaska for billions of dollars of lost revenue (an opportunity cost) on withdrawn land with minerals values (Engineering and Mining Journal, October 1993). Meanwhile, states are preparing to receive more extensive environmental control over mining. Many ~IE in the process of altering their existing laws. This situation is described in Chapter 4. To assist the states in getting up to speed, heretofore obscure organizations such as the Association of Abandoned Mine Lands Programs, IMC, WGA, and Western Interstate Energy Board, were created to develop policy, share ideas and information, and recommend jointly held positions. It is obvious that the future resolution of conflicts over mine environmentalism will occur more often within the states, and in some states at the local government level. With this end in mind, state mining associations, as well as local environmental organizations, are already getting ready for more activity and a much more complex set of conditions. However, a recent contravening trend may also be in the wings. A key controversial feature of one the newly proposed mining laws (see Sect. 2.8) calls for the federal regulators to exercise much greater day-to-day control than has been the case. Correspondingly, fewer responsibilities and lesser efforts by the states would result. The Secretary of the Interior, during the second half of 1993, vowed to put more punch into enforcement of environmental regulations on surface coal mines. He contended that federal-mining officials have let enforcement of the Surface Mining Control and Reclamation Act of 1977 slidc for 16 years. Moreover, he said, the relationships between the federal and state governments is a mess due to the "bad faith" of past federal administrations. On this same tack, Senator Glenn, D-Ohio was reported in the Sun Francisco Chronicle (A4, Sept. 21, 1993) as castigating the Department of the Interior over environmental problems resulting from mining. Senator Glenn mentioned "soil, air, water contamination from mines and smelters. Children have been found playing in areas where contamination levels have been high cnough to kill grazing cattle and horscs" and death and injuries from mining-site hazards.

23

2.5 ENVIRONMENTAL ORGANIZATIONS Environmental advocacy groups are invariably organized as non-profit corporations under U.S. Internal Revenue Service Code, Section 501 C-3, which includes educational and scientific organizations. It has been estimated that there are as many as 1,500of them. These organizations differ markedly in terms of purpose, activities undertaken, area of interest, and degree, type, and extent of commitment. Stated another way, environmental associations are readily defined by the level of control they seek over new development. i.e., conservationist, preservationist, exclusionist, etc. A slightly oblique examination of those same three strands can yield the following different ideologic points of view:

s 0

Environmental protection should be centered around the protection of human beings, with secondary protection provided to certain other animals and plants deemed necessary for human survival. All life and even inanimate objects have intrinsic values and should be protected. Based upon a value judgment, development and industry (from at least a moral point of view) is bad, and should be avoided to the greatest extent possible.

Associations can be further defined by their degree or type of involvement or the methods employed to gain their objectives. Degree of involvement and types of methods runs the spectrum from those few who feel that the end justifies the means, to legal interventionists, to activists, to data gathers and dispensers. Some lobby, others offer prizes, and still others attempt to generate public awareness. The non-activists can be subdivided into the NIMBY (not in my backyard) types, who only appear when certain close-to-home situations arise or conditions are noted; and the general sympathizers, who on occasion, are mobilized by activists (to write form letters or as concerned and enthusiastic supporters, to swell the crowds at special appearances or hearings of legislators or regulators). K.W. Mote (Chapter 7), points out that legislators are growing more sophisticated and are being less fwed by massive mailings. Instead they incrcasingly demand the facts without the usual publicrelations hyperbole.

2.5.1 MAINSTREAM ENVIRONMENTAL ORGANIZATIONS Environmental organizations can be separated into three categories: tier one, or larger mainstream associations; tier two, or mid-sized mainstream militant offshoots as well as regional clubs; and tier three, mainly small, single-issue groups. A list of the larger mainstream

24

CHAPTER

2

environmental organizations that may be interested in mining was compiled. Based on published data the average mainstream association was formed prior to World War 11, is composed of some 950,000 members, has a budget of $37 million, and has a staff of 237. Besides the National Wildlife Federation, and the World Wide Fund for Nature, which is reputedly the worlds largest environmental group, most of the major environmental organizations average several hundred thousand members. Following is a list of major mainstream en vironmental organizations: Ducks Unlimited

Earth Watch Environmental Detense Fund Izaak Walton L.eague National Audubon Society National Parks and Conservation Association National Wildlife Federation Natural Resources Defcnsc Council Nature Conservancy Puhlic Citizen (Thc Ralph Nader group) The Sierra Club Trout Unlimited The Wilderncss Society World Wildlife Fund World Wide Fund for Nature The Nature Conservancy believes in preservation by example and includes mining company members. It had a total 1992 net worth of about $850 million, and devotes 88% of its $100 million/yr budget to its programs. The programs mainly consist of purchasing and maintaining land, such as redwood forests or Frank Lloyd Wright's masterpiece of residential architecture, Falling Water, (western Pennsylvania) for the purpose of preservation. The Conservancy recently earned positive attention (San Francisco Chronicle, Feb. 17, 1993) for devising a plan in Texas to provide ecological islands while allowing for development around them. The Nature Conservancy's philosophy evolved from developing living museums of primeval America to protecting entire ecosystems including the human inhabitants. Ducks Unlimited, which receives grants from numerous companies, and Trout Unlimited are primarily interested in preserving the habitat of the noted animals. The Environmental Defense Fund is composcd of lawyers, scientists, and cngineers who institute suits sccking to have the courts direct cornpanics and government agencies to comply with existing laws. The Wilderness Society has attracted outstanding authors such as Aldo Leopold and the late Pulitecr Prize winning Wallace Stegner. The unlisted Richard & Rhoda Goldman Fund, in San Francisco, provides an interesting side-bar; it is self-funded and actively supports grassroots projects, and awards prizes, which total about $1

millionlyr, to worthy individuals. Island Press bills itself as a publisher of books about the conservation of natural resources, specifically soil, land, water, forests, wildlife, and hazardous and toxic wastes. According to Island Press, "These books are practical tools used by public officials, business and industry leaders, natural resource managers, and concerned citizens working to solve both local and global resource problems." Even more noted as a nonprofit publisher is Resources for the Future, which describes itself as "...an independent ...organization that advances rescarch and public cducation in thc development, conservation, and use of natural resources and thc quality o f thc environment." The mainstream environmental organizations at inclined to have similar viewpoints and employ analogous strategies of lobbying and litigation. However, it should not be misconstrued that they invariably see eye to eye with each other, particularly on tactics, and always present a monolithic front ( i . e . opposite positions on NAFTA). At times different organizations attempt to reach and hold the same crmstiluency, and therefore turf halllcs can crupt and hardening or even extremism of position can then occur in an effort to eslahlish dominance. To gcneralizc, the smaller the organization the more radical it tends to become.

2.5.2 SIERRA CLUB AS A PARADIGM OF MAINSTREAM ENVIRONMENTAL BELIEF While the first regional Audubon Society club was organized in 1886, the birth of the environmental movement is usually associated with the establishment of the Sierra Club. It was founded in 1892, when a group of 27 individuals of diverse backgrounds, including the famous Naturalist John Muir, and strong common interest and purpose, banded together in San Francisco "...to do something for wilderness and make the mountains glad." Specifically the members a p e d that the mountains, as exemplified by California's Sierra Nevada Range, were a national cultural heritage and resource that needed to be recognized, shared, and protected. Members were, and continue to be highly eciucatcd and motivated middle-chs social progrcssivcs with a strongly developed morality. The aim was to retain the mountains as close as possible to their natural state of wildness coupled with an enjoyrncnt of nature, usually by hiking. Thc carly 20th Century dccision to rcmwe the Hetch Hetchy Basin (along the upper reachcs of the Tuolumne River, where the club had a nearby retreat) from the Ymemite National Park System and ctinvert it into a potablc water rcscrvoir for San Francisco area counties sparked the Club's entrance into politics. From that point, the Sierra Club felt increasingly obliged to press, by political means, for environmental consideration of new projects


(preservationism). This especially came about after the publication of Rachel Carson's 1962 landmark book Silent Spring, which dealt with pesticides' negative effect on the environment. Equally important but not as well known or influential outside the mining industry, was H.M. Caudill's Night Comes to the Cumherlands, which offered an unattractive look at coal mining in eastcrn Kcntucky. This was followed by two Sierra Club "battlebooks" entitled Stripping and Mercury. The net result was to galvanize and energize a whole generation of environmentally concerned citizens so that club membership of 7,000 in 1952 and 16,000 in 1960 dramatically increased to 115,000 by 1970, 180,000 in 1980, and currently approximates 600,000. In retrospect, many observers feel that the environmental impetus had peaked by 1980. However, the attempt to roll back the perceived environmental "excesses" by the then Secretary of the Interior James Watt resulted in a re-energizing of the movement that has continued on to the present. During this same period of dramatic increase in membership, the philosophy of the Club and its organization went through a series of structural changes, including expansion outside of the San Francisco Bay Area to the rest of California and ultimately into the entire nation. Furthermore, interest broadened from the mountains to the whole environment. It was at this point that a primary philosophic separation appeared between mostly government employed conservationists and non-government preservationists (see Sect. 2.5). The Club's position is presently somewhat pragmatic, varying on a case by case basis with a leaning towards preservation. After a period in the 1950s until the late 1960s of strong centralized control, the Club evolved into its current form of grassroots decentralization, or as verbally described "from the bottom up to the top." It has 15 regional and 57 state groups, 386 individual chapters, and a staff of 294. To the uninitiated, the organization does not follow the usual theory and precepts of effective corporate management. However it seems to work quite productively due to the strength of conviction and degree of enthusiasm of its members. Present per capita dues are $35/yr. The effectiveness of the Sierra Club, and its ability to accomplish its objcctivcs, docs not solely rest on its large membership, nor its yearly budget of $35 million (of which less than 1% goes into so-called major [environmental] campaigns), nor with the efficacy of its several Washington, DC, lobbyists (whose efforts encompass several areas of concern only one of which is mining), nor with its nonprofit-making books and other publications. Its strongest asset is the perceived sincerity and knowledge of its members and their hard working dedication and zeal in striving for their goals. Due to the Club's very positive image, it has a readily available support group that is many times larger than the core membership. It can be quickly rallied on important

25

issues, although this approach may be becoming less effective as previously pointed out. Nevertheless, the Club is in the enviable position of delivering messages that are listened to attentively by industry as well as state and federal governments. The Sierra Club's list of priorities changes to track public concern or follows the time-honored maxim "the squeakiest axle gets the most grease". Their interest in mining is now at a high intermediate level. The Club's 1993 list of environmental priorities was as follows: Clean Water Act Reauthorization and Wetlands Protection Wilderness Legislation Ancient Forests Protection, Fuel Efficiency Standards (For Motor Vehcles) Endangered Species Act National Forest Management Mining Law Reform During the 1994 Congressional elections mining law reform was strongly pushed by the Sierra Club. The Club handles mining matters in a grid-like fashion in which overall areas of concern are treated by a mining sub-committee that is part of a public lands committee. In addition there are various state-wide mining committees dealing with state-and-iwal issues. Interestingly, there does not seem to be much coordination between the state organizations. Committee members are volunteers, who absorb out-of-pocket costs for travel, communications, etc. While few, if any, of the committee members appear to have hands-on industry operating experience, many have garnered a practical understanding of the operating factors that have an ecological impact. This knowledge was derived from field inspection experience, sometimes in combination with other industry technical education. The single mining issue deemed to be of paramount importance is revision of the federal mining law. At first blush this might not appear to be a conventional environmental consideration, however as mentioned in Sect. 2.8, it has recently become closely linked to current environmental politics and as such is a very "hot" issue. As would be expected, of all the aspects under discussion in terms of possible mining law alteration, the establishment of a federal royalty on mine production will be the most vexatious to solve. The first problem is determining the actual economic impact to the hard rock mining industry. There is no doubt that, under some proposed scenarios, the mining industry will suffer serious if not mortal damage (for a complete different evaluation scc the last paragraph of Sect 2.5.3).In fact, one of the most potent arguments used against the centrist environmental organizations, such as the Sierra Club, is that some of their proposals will unwittingly result in significant job losses in a

26

CHAPTER

2

fundamental industry. A recent illustration is the June 30, 1993 decision of Federal District Judgc Richcy on a suit brought jointly by the Friends of the Earth, Public Citizen, and Sierra Club. Judge hchey ruled that the pniposed North American Free Trade Agreement (NAFTA) constitutes a major fedcral action significantly affecting the quality of the human environment. This would havc rcquired a laborious and time-consuming environmental-impact statement (EIS) which probably would have ended the US.-negotiated rade pact with Canada and Mcxico. On September 24, 1993, the U.S. Court of Appeals (for the District of Columbia) unanimously overturned Judge Richey's decision based on thc prcmise that it had n o authority to order such a review (EIS). These same anti-NAFTA environmental organizations also strongly lobbied Congress in a failcd attempt to defeat its passage. Interestingly, the Audubon Socicty and the Natural Resources Defense Council support the agreement (see the last paragraph of Sect. 2.5. i). According lo EPA Administrator Carol Browner, those two organizations called NAFTA "the most environmentally sensitive trade package in history." The interest of environmental organizations is for the development of more comprehensive permitting and operating regulations. This primarily pertains to environmental protection and to governing the industry. with special concern over access to government lands. On the local level. individual chapters become involved in activities such as the adoption and\or modification of new state mining regulations, the permitting of new mines, and the monitoring of ongoing operations to ensure compliance with existing regulations. It is also at the local level that most of the popular support is generated. However, the Sierra Club's proactive efforts are not limited to lobbying. Additionally there is the offshoot Sierra Club Legal Defense Fund (SCLDF), established in 1970, that has a staff of 40, and a budget of $4.2 million/yr. The SCLDF's stated purpose is "...to use existing legal remedies to protect the natural environment of the United States and develop a realistic and enforceable body of environmental law through the implementation of existing statutes, regulations, and common law principles."

2.5.3 OTHER ENVIRONMENTAL ORGAN I Z ATION S During the 1970s, influential Norwegian writer Amc Naess, in several widely circulated magazine articles, characterized the environmental movement as being either shallow or deep. Shallow to him includcd the mainstream organizations that were large, bureaucratic, and prone to make accommodations. Non-traditional environmental activity he labelled deep ecology a d pronounced it "...heir to the environmental sensibilities

of ...Muir

and Leopold." Further, Naess said "Ecologically responsible policics arc concerned only in part with pollution and resource depletion. There are deeper concerns which touch upon principles of diversity, complexity, autonomy, decentralization, symbi(isis, egalitarianism, and classlcssncss." Thus some within the second tier group seek to use environmental issues as the key to force a fundamental transliirmation of the present modc of society by drastically changing the contemporary life style, Notable organizations include: Earth First Friends of the Earth Greenpeace Sea Shcphcrd Society. Friends of the Earth and Earth First, which uscs the slogan "No Compromisc in the Defense of Mother Earth," and "Back to the Pleistocene," were founded between one and two dccadcs ago as more radical spinoffs from the Sierra Club and the Wilderness Society. Membership is in the mid five figures, or an order of magnitude less than the mainstream organizations. Of the two, Earth First is by far the more radical both in goals and methods. Susan Zakin in her Coyotes ad Town Dogs offers a sympathetic view of some of the key personalties involved in both organizations with emphasis on Earth First. Greenpeace speaks of some 3 million worldwide adherents and tends to operate more outside of the United States. The Sea Shepherd Society is an even more uncompromising outgrowth of Greenpeace. On occasion, some of these non-mainstream organizations appear to revel in their desire and ability to walk on the thinnest of judicial thin ice and to test the limits of the law. In the fascinating book Green Rage: Radical Environmentalism and the Unmaking of Civilization, author Christopher Manes outlines the philosophy and justification for what he also calls "monkeywrenching," which tends to be associated with Earth First. Interestingly, the late Edward Abbey in his novel The Monkebwrench Gang, created monkeywrenching as a self-fulfilling prophesy of what has now come to be known as ecotage. Currently, Grccnpeacc (Western Edition of The Wall Street J u u m l , Mar.3, 1993) seems to have lost some steam and power, and perhaps most important of all, contributions. Reportedly, the leaders uf Greenpeace arc going through an reappraisal as to their future direction. Similarly, Earth First appears to have recently lost much of its stridency. The usual importance of the non-centrist organizations is not in their numbers or clout per se, but that over time, many of their ideas become co-opkd by the mainstream organizalions. (A prime example has been the activities of some first tier cnvironmental organizations against United States approval of NAFTA, see Sect. 2.5.2. They opted to support "bioregionalism"

27


or "future primitivism," which is a pet theory of the deep ecologists.) Moreover, these secondary organizations have a tendency to gather headlines and in gencral make it more difficult and uncomfortable for the mainstream organiLations to effect compromises. In addition, the non-centrist groups make the centrist groups appear staid and conservative by comparison, thus making them more crcdiblc and emotionally easier to deal with by government and industry. Finally, in the absence of positive results, an angry and frustrated public at times will increasingly support the fringe groups. There arc quite a few other regional bodies of note, inany of which have as part of their title resources center, or environmental council or coalition. Other interested organizations may be associated with the League of Women Voters as in Colorado and South Dakota. There also IS a third tier group of smaller organLations, by several orders of magnitude, but whose thrust is either mainly or fully directed towards thc mining industry. They include:

Alliance for the Wild Rockies Campaign for an Environmental Economy Center for Alternative Mining Development Policy Citizen's Mining Information Network, associated with SRIC Clark Fork Coalition Colorado Mining Action Project Concerned Citizens for Responsible Mining Mineral Policy Center (Clementine) Project Environment Foundation Save Lake Superior Association Southwest Research and Information Center (SRIC) Some of the above organizations are affiliated with Minewatch, which is based in London, England, and serves as a clearing house for mine environmental concerns. Also located in Great Britain is the Mining and Environmental Research Network (MERN), which is based at Sussex University. As an example of a "deep" single-issue international environmental organization, Minewatch describes itself as follows:

"MINEWATCH is the 'brainchild' of Partizans [sic], the long standing campaigning group which seeks to mininiize the damaging w-

- 0 - to

2 g -20

-

w

J

-30

$ -40 u

0

20

40 60 80 FREQUENCY. Hz

100

400

0

TIME, msec

m u-

2;

25

o -10

-20

15 -30 w

a n -40

5

0

0

50 100 150 FREOUENCY. H Z

200

200 TIME. msec

Figure 16 Vibration records of differing complexities. Top trace is from a coal mine blast at 700 rn (2290ft) and the bottom is a construction blast at 23 m (75 fi).

explosive and initiation sequencing used, and the &mice to the blast. The most important of the design parameters is the maximum amount of explosive detonating within a time interval, generally 8 ms, usually called "kg or Ibs per delay" or "charge weight per delay". Of lesser importance are the blast hole size and the layout dimensions of burden, spacing, subdrilling, and how well the explosive fills the blast hole (i.e., coupling). Blasts with little relief, such as box cuts, are relatively strong vibration sources. U. S. Bureau of Mines RI 8507 (Siskind et al., 1980b, and Siskind. 1996) describes the effects of these design parameters including studies done to identify their relative importance.

waves. Generally, the strongest influence on blast vibration amplitude is simple distance and the charge weight per delay. In addition to amplitudes, ground vibration frequencies are influenced by distance and the geology through which the waves travel.

6.6.3.2.2 Close Distances

6.6.3.2 Propagation of Blast Vibration

Within a few hundred meters from the blast, ground vibrations are dominated by relatively high frequencies created from the time-delayed detonations of the individual blastholes. The exact &stance for this dominance is dependent on how "influential" the ground is. Current initiator and explosives technology allows limited control of ground vibration amplitudes and frequencies close to the blast.

6.6.3.2.1 Effects

6.6.3.2.3 Fur Distances and Surface Waves

of Distance

Propagation effects and geology change the amplitude and frequency character of ground vibrations as they travel from the blast region to measurement locations. The most important influence is dissipation, or "geometric spreading", where the finite amount of vibration energy fills an increasingly larger volume of earth as it travels outward in all directions away from the blast. The consequencc is an exponential decrease in vibration amplitude with distance from the blast. Other propagation effects are absorption, dispersion (where different frequency components travel at different propagation velocities), md the formation of surface

At distances beyond one to a few hundred meters, "surface waves" tend to dominate the vibration wave train. Surface waves are particular types of low-frequency seismic waves generated by, and characteristic of, the geologic structure and composition. At large distances from the blast, typically beyond about 300 rn. changes in shot design such its delays have increasingly less effect on ground vibration frequencies and peak amplitudes because of the dominating influence of surface wave generation. The strongest sources of surface waves are Iowvelocity layers (parhcularly soil) over harder, more


273

competent material. Where these layers are horizontal and thick, strong surface waves will result within only a few hundreds of meters. For a strong velocity contrast between layers, the surface wave frequency will be equal to VJ4h where V, is the propagation velocity of the upper (low velocity) layer and h is its thickness. Blast vibration studies in areas with thick soil layers, fill material, glacial or s t r m - b e d deposits found surface waves with frequencies of 4-8 Hz and higher amplitudes compared to vibrations propagating through solid rock (with comparable distances and charge weights). In southwestern Indiana dominant ground vibration frequencies as low as 3 Hz were found in areas dominated by glacial deposits (Siskind et al., 19x9, and Siskind, 1993). Similar cases of low frequencies were also found in Pennsylvania and Florida.

6.6.3.3 Controlling Blast Vibrations GV = 52 PISRSD)

Three characteristics of blast vibration are relevant to their impacts on nearby structures and their perceptibility by persons: amplitudes (usually PPV), frequency, and duration. Figure 16 shows examples of blast records with different frequency and durations -- blasts from a coal mine and from a construction site. They have the same PPV of 7 m d s (0.28 ids), but much different fresuency characteristics and durations. Both records are complex, however, the coal blast has at least three significant widely-space frequencies while the construction blast is all high frequency ( ~ 4 0Hz.)The lower frequency and more complex coal mine blast has greater impact and is harder to deal with than the construction blast although both have the same PPV. Control of blast vibrations through design and adjustments in practices is not a simple process. Changing one parameter can aggravate another. For example, reducing charge weight per delay can increase total vibration duration and changing delay intervals will effect all three characteristics. Also, some parameters have significant error and scatter, such as the time of ms delay initiators. Blasting products sometimes do not function as designed (which may or may not be recognized without specialized monitoring) and occasional human error causes problems (also may not berecognizedas a cause). As with flyrock, holes out of sequence or too crowded in time can produce abnormal results.

6.6.3.3.1

Vibration Amplitudes

The standard method to analyze amplitudes is to utilize propagation plots of amplitudes versus distance. Figure 17 shows three representative plots based on square root scaled distances (in English units). The highest vibrations are from the low frequency site. There, a 4-Hz wave has such a long period that the 8-ms separation

' 38

I 1,

2 COALMINESSUMMARYFROMR18W7

-

GV= 13!3(SRSD) "O 9. LOW FREQUENCYCOAL MINE FRMvl HI 8226

GV= 1381SRSD)

0 001

h

j

*

*

I

' ''

I

I

10

100

L

SQUARE ROOT SCALED DISTANCE (SRSD), Wlb'''

Figure 17 Representative propagation plots of vibration amplitudes for mining and quarrying blasts.

between delays is insufficient to reduce amplitudes through destructive wave interference. Note: all three propagation lines in this figure were computed based on the X-ms delay criteria for defining "charge weight per delay." Comparisons of measurements with these gives an indication of approximate "normalness." Means to reduce vibration amplitudes are somewhat Iimited. Charge weight per deIay is the most important parameter. For low frequency sites, vibration can be reduced if the minimum separation time between delays is increased to approximately 1/4 of the vibration period. In other words, at such sites, the "per delay" definition will not be based of 8 ms but on a site-specific separation based on the vibration frequency. One caution on using long delays is care that they do not produce unwanted frequencies in the residential resonance range of 4 to I2 Hz. At critical sites, j t may be necessary to analyze the delays "as perceived." This will require adjustments for monitoring position including travel times across the array (or a hole-by-hole analysis). Initiations progressing towards a monitoring site are perceived as shorter separations between delayed charges (doppler effect) and can result in crowding and, in the extreme, overlap. Other measures to reduce vibration are high relief, pits or trenches between the blast and receiver, initiation sequencing away from critical structures, and the use of

274

CHAPTER

6

Ionger delays at low-frequency sites. Trenches close to the source serve as a screen to reduce blast vibrations. Trench depths affect the vibration wavelengths that a~ "screened" and such pits are relatively ineffective in reducing the amplitudes of low frequencies (wavelength greater than 0.7 times pit depth). Initiation sequencing away from critical structures will reduce delay crowding and overlap potential. Face orientation adjustments can orient the high-relief directions to reduce vibrations in selected directions. Relief is more than the choice of burden. Reducing subdrilling also reduces vibrations as does avoiding box cuts, tight corners, and the use of buffers in front of the face. 6.6.3,3.2 Vibration Frequencies

Some measures to control vibration amplitudes can also affect frequencies, particularly delay intervals. As discussed in the propagation section, simple distance is a strong influence on vibration character, and specifically on frequency. Control of vibration frequencies has been demonstrated at some sites. However, there is no consensus on the range at which this works for the various propagating media. For example, at hard rock sites with little overburden, the vibrations will reflect the blast design at distances approaching lo00 m. By contrast, at sites with thick low-velocity surface layers (soil, unconsolidated fill, alluvium, loess, etc) the geology will determine the vibration character at distances as short as tens of meters (Siskind, et al., 1989, and Siskind,l993.) As a generalization, it is advisable to choose delays to avoid the ground's natural frequency when it is in the 4 to 12 Hz range. This can be done by detonating signature holes (single charges) to determine the characteristic site frequency and selecting delays accordingly. As delays are also selected for other purposes, such as relief for effective cast blasting, this option is not always available. 6.6.4

AIRBLAST

In addition to ground vibrations, blasting produces airborne energy called airbIast overpressure or impulsive sound. Also as with ground vibrations, airblasts can produce structure rattling and, in extreme cases, cracking and other damage. In contrast to ground vibration, airblast is relatively ineffective at producing wholestructure or racking-type responses in small structures such as homes. In terms of racking response, an airblast of about 145 dB is equivalent to a ground vibration of 0.50 ink in the structure resonance range of 4 to 12 Hz (Siskind, 1996.) Few blasts reach this level. Midwall responses arc another issue, being about six times higher than racking responses for a given overpressure. Midwall responses produce much of the secondary

rattling noise and other observed effects such as movement of pictures, clocks, etc. Although not significant to structural risk, these situations result in much of the perceptible noise and the homeowners' concern that something serious and dangerous could be happening to their homes. These responses also contribute to glass breakage as the initial indicators of excessive airblast. With vibration, low frequencies were considered as a special problem. Because airblast frequencies often peak below the range for structure responses, it is "high" frequencies that are problematic here. In all cases, it is the resonant frequencies that produce the greatest responses, 4 to 12 Hz for racking and 12 to 25 Hz for midwaIIs of residences. 6.6.4.1 Generation of Airblast

Four sources of airblast have been identified: APP (Air Pressure Pulse) - Where rock is thrown or cast from the face, and a pressure pulse is created with amplitudes proportional to the initial face velocity. Frequencies are low because the rock face acts like a very large woofer. RPP (Rock Pressure Pulse) - The vibrating ground near the monitoring location is also a sound source. Here, the ground is acting like an even larger woofer; however, the amplitudes of motion (vertical in this case) are much lower. Far more serious and controllable in principle is the premature release of explosive energy or break outs. This can occur from two places: SRP (Stemming Release Pulse) from the bench top through ineffective stemming or holes loaded too high and GRP (Gas Release Pulse) originating from the bench face through voids, fissures, insufficient burden, overloaded holes, etc. This last. mechanism is similar to the main cause of flyrock, too much relief (which is the same as too little confinement) and can influence airblast over two orders of magnitude (40 dB). These mechanisms are described by Wiss and Linehan, 1978 and Siskind, et al. 1980a. Figure 18 gives airblast examples from USBM studies (Stachura, et al., 1981.)The top three traces are a sharp and spiky event representing close-in and line-ofsight monitoring while the bottom relatively-smooth set of traces were mrded at a large distance andor behind the face. The three traces per set show the effects of the measurement system low-frequency roll-off on record distortion and also reductions in the measured peak values. Both sets of airblasts show RPP preceding the main event. Shot distances can be estimated from the RPP durations, being about 200 and 720 rn respectively. 6.6.4.2

Propagation of Airblast

As with ground vibration, airblast decays with distance because of geometric spreading, This is the mechanism where a finite amount of energy tills an increasing


275

DP-7 NO. 10

4wJhuAdw

dEl peok,O.I-Hz culaff (-3dBl

--I33

B B K 2209 t i n e o r 128 dB peok,2-Hz cutoff (-3dB) GR 1933 linear

-t25

d 8 p e o i ~ 5 - Hcutoff ~ (-3dB)

DP-f N0.6 121 dB peok,O.l-Hz cutoff (-3dB)

B 8 K 2209 linear I19 d E peok,FHz cutoff (-368)

GR 1933 linear

-J

-

(-3dB) r

0.5

0

T IML. SIC

Figure 18 Airblast record examples.

volume of space. Airblast waves traveling in a fluid m compressional in nature, making them simpler than ground vibrations. However, sound propagation including airblasts are subject to weather conditions that can create irregular and sometimes anomalous events. Temperature inversions can refract waves back to the ground producing areas of airblast focus.An inversion can increase airblast by 10 dB over what would be expected from a given blast at a given distance. Winds enhance propagation by bending wave fronts down towards the ground and reduce the normal rate of airblast decay. A 16 kph (10 mph) wind directly towards a site can increase airblast 8 to 10 dE3 above normal. Topography can also influence airblast with both focusing enhancement and shadowing reduction. In an approach to assessing airblast amplitudes in a manor similar to vibrations, standard plots are given in Figure 19. The upper line is worst case: explosive placed directly on the ground with no cover and no confinement. The minimum airblast is the Rock Pressure Pulse (RPP), sound created by the ground's vertical motion near the monitoring location. The limits expected from the extremes of total confinement (RPP) and no confinement (explosive on the surface) are shown.

6.6.4.3 Control of Airblast The mechanisms relating to airbast generation also suggest means to control airblast. Sufficient burden to insure good fragmentation and control flyrock will also help reduce the Air Pressure Pulse. Where strong face motion is desired, such as in cast blasting, some APP is inevitable. As with flyrock, voids, mud seams md fissures should be stemmed through. Explosives should be weighed to avoid overloading one or more holes. Burdens should be carefully controlled with adjustments for fractured, sloping andor irregular faces. These measures should eliminate or minimize GRP. Both APP and GRP are directional, coming from the front face. Where possible, the bench should be oriented to avoid line- of-sight conditions between that face and critical structures. Airblast off the bench top is created by some uplift (a form of APP) and, more seriously, by failure of the stemming (SRP). Measures described in the flyrock section also apply here: appropriate and sufficient stemming to contain the explosive during detonation. This may mean something better than drill cuttings. As with ground vibrations, selection and use of

276

CHAPTER

6

Oil. Any error in AN FO mix is better if it is FO-rich to reduce the oxides of Nitrogen. Practices that cause substandard detonations should be avoided including heavy detonating cord and strings of primers through explosive columns. Water proof explosive is required in wet holes unless an effective means is available to dewater the holes and protect the explosive or blasting agent. When fumes are present, time to clear should be provided, particularly in confined spaces.

REFERENCES

confinement

2

1 0'

3

2

4 5 6

3

4 5 6

1 o2

2

3

1 o3

i

4 5 6

I o4

CUBE ROOT SCALED DISTANCE, ftllb"3

Figure 19 Representative propagation plots of airblast amplitudes for coal mine overburden and parting blasts.

delays can strongly influence airblast. Because sound in air propagates much slower than ground vibration, at about 330 m/s (1,100 ft/s), some choices of "effective" delays can directly superimpose and reinforce airblasts. Correction of nominal delays for travel time differences for different holes is more important here than it was for vibration. One general recommendation by Andrews, 1981 was that propagation from hole to hole along an array in any direction considered critical should be less than, and preferably half of the sonic velocity in air. 6.6.5 DUST AND GASES

Thcse problems and appropriate actions are described in Chapter 5. Dust is usually not a major problem outside the immediate blasting area. When necessary, it can be reduced by wetting the area. Gases (fumes of CO and oxides of Nitrogen) are from poor explosivc mix, inefficient detonation andor water in the holes. A good explosive product should be a standard requirement. AN FO is the most widely used blasting product. The ideal AN FO mix is 94.5% Ammonium Nitrate to 5.5% Fuel

Ackman, T.E., Hustwit, C.C., and Jones, J.R., 1989, "A New Method of Repairing Stream Channels," Proceedings, Coal Mining Technology, Economics and Policy, American Mining Congress, pp. 201-230. Ackman, T.E., and Jones, J.R., 1991, "Methods to Identify and Reduce Potential Surface Stream Water Losses into Abandoned Underground Mines," Environmental Geology and Water Science, Vol. 17, No. 3, pp. 227232. Ackman, T.E., and Kleinmann, R.L.P., 1991, "An In-Line System for Treatment of Mine Water," International Mine Waste Management News, Vol. 1, No. 3, pp. 1-4. Andrews, A. B., 1981, "Design Criteria For Sequential Blasting," Proceedings, Seventh Annual Conference on Explosives and Blasting Technique, Society of Explosives Engineers, pp. 173-192. Anon., 1965, "Hydraulic Charts for the Selection of Highway Culverts," Hydraulic Engineering Circular No. 5, Bureau of Public Roads, U.S. Department of Commerce, 55 pp. Anon., 1972, "Hydrology," National Engineering Handbook, Soil Conservation Service, U.S. Department of Agriculture, 598 pp. Anon., 1974, Rehabilitation Potential of Western Coal Lands, National Academy of Sciences, Ballinger Publishing Co., Cambridge, Massachusetts, pp. 198. Anon., 1977, "Municipal Sludge Management: Environmental Factors," EPA Technical Bulletin 430/97-004, Office of Water PrograM Operations, U.S. Environmental Protection Agency, Denver, 27pp. Anon., 1978a, "Application of Visual Resource Management Principles to Project Planning and Design," BLM Manual Handbook 8430, U.S. Bureau of Land Management. Anon., 1978b, "1-70 in a Mountain Environment, Vail Pass, Colorado," Technical Study FHWA-TS-78-208, Federal U.S. Department of Highway Administration, Transportation, pp, 18-23. Anon., 1978c, "Visual Resource Inventory and Evaluation," BLM Manual Handbook 8410, U.S.Bureau of Land Management. Anon., 1978d, "Visual Resource Management," BLM Manual Handbook 8400, U.S. Hureau of Land Management. Anon., 198 I , Surface Mining, Coal, and Society, National Research Council, National Academy Press, Washington, D.C., pp. 233.

TECHNOLOGIES FOR ENVIRONMENTAL PROTECTION Anon., 1982, "Annual Wildlife Monitoring Report," Western Energy Company, Colstrip, Montana, 53 pp. Anon., 1983a, "Archeology and Historic Preservation: Secretary of The Interior's Standards and Guidelines," National Park Service, U.S. Department of the Interior. Anon., 1983b, Design Manual: Neutralization of Acid Mine Drainage, EPA-600/1-83-001, U.S. Environmental Protection Agency, 231 pp. Anon., 1984, "Computer Program for Project Formulation Hydrology," National Bulletin No. 210-4- 19 (TR-20), Soil Conservation Service, U.S. Department of Agriculture, 336 pp. Anon., 1985, "Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources," AP-42. Fourth Edition, U.S. Environmental Protection Agency. Anon., 1986a, "Urban Hydrology for Small Watersheds," Technical Release No. 55, Soil Conservation Service, U.S. Department of Agriculture. Anon., 1986b. "Visual Resource Contrast Rating," ELM Manual Handbook 8431-1. U S . B u m u of Land Management. Anon., 1986c, "Visual Resource Inventory," ELM Manual Handbook 8410-1, U.S.Bureau of Land Management. Anon., 1987, Explosives and Rock Blasting, Field TechnicaL Operations, Atlas Powder Company, Dallas. Anon., 1991, "California Code of Regulations. Title 23, Division 3, Chapter 15; Discharges of Waste to Land, Regulations of the State Water Resources Control Board and the Regional Water Quality Control Boards." Beckman, Robert T., and Holub, Robert, 1979, "Radon Daughter Growth with Continuous Radon Influx and Various Ventilation Rates," MSI-IA IR 1099, Mine Safety and Health Administration. Bcrger, J.J., 1990, Environmental Resrorution, Island Press, Washington D.C. and Covelo, California, 98 pp. Blench, T., 1978, "Regime Problems of Rivers Formed i n Sediment," Environmenlal Impact on Rivers (River Mechanics I i I ) , H.W. Shen, Fort Collins. CO, pp. 5-1 5-33. Bohnet, E.L., and Kunze, L., 1990, "Waste DisposalPlanning and Environmental Aspects," Sulfnce Mining 2nd ed., SME, Littleton, pp. 485-494, Bouwer, H., 1988, "Design and Management of Infiltration Basins for Artificial Recharge of Ground Water," Proceedings, 32nd Annual New Mexico Water Conference, Water Resources Research Institute (WRRI) Report 229, pp. 111-123. Brady, K.B.C., and Hornberger, R.J., 1989, "Mine Drainage Prediction and Overburden Analysis i n Pennsylvania," Proceedings, 10th Annual West Virginia Surface Mine Drainage Task Force Symposium, WV Mining and Reclamation Association. Brady, K.B.C., and Cravotta, C.A., HI, 1992, "Acid-Base Accounting: An Improved Method of Interpreting Overburden Chemistry to Predict Quality of Coal-Mine Drainage," Proceedings, 13th Annual West Virginia Surface Mine Drainage Task Force Symposium, WV Mining and Reclamation Association. Brandt, C.A., and Hendrickson, P.L., 1991, "Use of Composts in Revegetating And Lands," PNL-7833,

277

Battelle Pacific Northwest Laboratory, Richland, Washington, 31 pp. Brawner, C.O., 1982, "Stability in Surface Mining," Proceedings, Third International Conference, Voi. 3 , Society of Mining Engineers, 872 pp. Brown, A., and Logsdon, M., 1990, "Environmentally Driven Design of Disposal Facilities for Acid Generating Materials," Proceedings, ASCE (Watch Your Waste) Geotechnical Seminar, American Society of Civil Engineers, pp. 1-13. Brown, A., Murphy, J., and Bartell, H., 1988, "Slurry Backfilling of an Underground Coal Mine," Proceedings. Hydraulic Fill Structures '88, Geotechnical Special Publication No. 21, Colorado State University, Fort Collins, pp. 76- 94. Buckley, G.P., 1989, Biological Habitat Reconstruction, Belhaven Press, London and New York, 363 pp. Buonicore, Anthony J., and Davis, Wayne T., eds., 1992, "Air Pollution Engineering Manual", Air and Waste Management Association, Van Nostrand Reinhold, New York, 918 pp. Caldwell, J., and Reith, C.C., 1993, Principles and Practices of Waste Encapsulnrion, Lewis Publishers, Boca Raton, 414 pp. Caruccin, F.T., 1983. "The Effect of Plastic Liner on Acid Loads: DLM Site," Proceedings, 4th Annual West Virginia Surface Mine Drainage Task Force Symposium, WV Mining and Reclamation Association. Camccio, F.T., and Geidel. G . , 1981, "Estimating the Minimum Acid Load that Can be Expected from a Coal Strip Mine," Proceedings, 1981 Symposium on Surface Mining Hydrology, Sedimentology and Reclamation, pp. 117-122. Caruccio, F.T., and Geidel, G . , 1984, "Induced Alkaline Recharge Zunes to Mitigate Acidic Seeps," Proceedings, Symposium on Surface Mining, Hydrology, Sedimentology, and Reclamation. pp. 43-47. Caruccio, F.T., and Geidel, G., 1986. "Reclamation Strategies as Applied at the DLM Propertics," Proceedings, 7th Annual West Virginia Surface Mine Drainage and Task Force Symposium, WV Mining and Reclamation Association. Chckan, G.J., 1985, "Design of Bulkheads for Controlling Water in Underground Mines," U.S. Bureau of Mincs IC 9020. Chow, Ven Te, 1959, "Development of Uniform Flow and Its Formulas," Open-Channel Hydraulics, McGraw-Hill. New York, pp. 89-127. Cooper, H.W., 1956, "Some Plant Materials and Improved Techniques Used in Soil and Water Conservation in the Great Plains," Journal of Soil and Wafer Conservation, V O ~ 12, . pp. 163-169. Darling, A.R., 1983, "The Effects of Native Hay Mulch on Stabilization and Revegetation of Strip Mined Lands i n Southeastern Montana," M.S. Thesis, Montana State University, Bozeman, 102 pp. Delisle, G.E., and Eliason, B.E., 1961, "Stream Flows Required to Maintain Trout Populations in the Middle Fork Feather River Canyon," Report No. 2, California Dept. of Fish and Game, Sacramento. DePuit, E.J., and Coenenberg, J.G., 1979, "Responses of

278

CHAPTER

6

Revegctated Coal Stripmine Spoils to Variable Fertilization Rates, Longevity of Fertilization Program, and Season of Seeding," Montana Agriculture Experiment Station Research Report 150, Montana State University, Bozeman, 65 pp. Derry, Anne, Jandi, H.W.. Shull, C.D.. Thorman, J., and Parker, P.L., 1985, "Guidelines for Local Surveys: A Basis for Preservation Planning," National Register Bulletin 24, National Park Service, U.S. Department of the Interior. Dick, R. A., D'Andrea, D. V. and Fletcher, L. R., 1983, "Explosives and Blasting Procedures Manual," U. S. Bureau of Mines lC 8925. diPretoro, R., and Rauch, H., 1988, "Use of Acid-base Accounts in Premining Prediction of Acid Drainage Potential," Proceedings, Mine Drainage and Surface Mine Reclamation, Vol. 1, U S . Bureau of Mines IC 9183, pp. 2-10. Dollhopf, D.J., Hedberg, D.W., Young, S.A., Goering, J.D., Schafer, W.M. and Levine, C.J., 1985, "Effects of Surface Manipulation on Mined Land Reclamation," Montana Agriculture Experiment Station Special Report 18, Montana State University, Bozeman, 133 pp. Doty, C.B., and Travis, C.C., 1991, "Effectiveness of Groundwater Pumping as a Restoration Technology," Report ORNLTMlI8866, Oak Ridge National Laboratory, Oak Ridge, 77 pp. Elliott. G.L., and Veness, J.A., 1985, "Some Effects of Stockpiling Topsoil," Journal of Soil Conservation Service of New South Wales, Vol. 37, pp. 37-40. Elser, A.A., 1968, "Fish Populations of a Trout Stream i n Relation to Major Habitat Zones and Channel Alteration," Transactions, American Fish Society. 97(4): 389-97. Erickson, P.M., and Hedin, R.S., 1988, "Evaluation of Overburden Analytical Methods as Means to Predict Post-Mining Coal Mine Drainage Quality," Proceedings. Mine Drainage and Surface Mine Reclamation, Vol. 1 , U.S. Bureau of Mines IC 9183, pp, 11-19. Evangelou, V.P., and Warner, R.C., 1983, "How Neutralizing Agents Affect Water Quality," Reclamdon News and Views, Vol. 1, No. 8. Ferguson, K.D., and Erickson. P.M., 1988, "Approaching the AMD Problem - from Prediction and Early Detection," Proceedings, International Conference o n Control of Environmental Problems from Metal Mines, Federation of Norwegian Industries and the State Pollution Control Authority, pp. 101-143. Filipek, L.H., 1491, "Kinetic Acid-Prediction Studies as Aids to Waste Rock and Water Management During Advanced Exploration of a Massive Sulfide Deposit," Proceedings, 2nd International Conference on the Abatement of Acidic Drainage, Vol. 1, pp. 191-207. Fisher, L.S., and Jarrett, A.R., 1984, "Sediment Retention Efficiency of Synthetic Filter Fabrics," Transactions, American Society of Agricultural Engineers. Foster, G.R., Meyer, L.D., and Onstad, C.A., 1977, "A Runoff Erosivity Factor and Variable Slope Length Exponents for Soil Loss Estimates," Transactions, American Society of Agricultural Engineers, 20(4):683687.

Foster, G.R., and Highfill, R.E., 1983, "Effect of Terraces on Soil Loss: U S E P Factors for Terraces," Journal of Soil and Water Conservation, Vol. 38, No.1, pp.48-51. Foster, G.R., Weesies, G.A., Renard, K.G., Yoder, D.C., and Porter, J.P., 1991, In "Estimating Soil Erosion by Water - A Guide to Conservation Planning with the Revised Universal Soil Loss Equation (RUSLE)," Chap. 6, ARS Publication, U.S. Department of Agriculture. Frederick, R.H., Myers, V.A.. and Auciello, E.P., 1977, "Five to 60 Minute Precipitation Frequency for the Eastern and Central United States," Technical Memorandum W S HYDRO-35, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. Fritzen, D., 1993, "Ecology and Management of Mule Deer on the Rosebud Coal Mine, Montana," Montana State University, Bozeman, 41 pp. Garrels, R.M., and Christ, C.L., 1964, Solutions, Minerals, nnd Equilibria, Harper and Row, New York, 450 pp. Geidel, G., and Caruccio, F.T., 1985, "A Clay Seal That Works--the Results of the Prong Field Test," Proceedings, 6th Annual West Virginia Surface Mine Drainage Task Force Symposium, WV Mining and Reclamation Association. Gibbs, B.L., 199 1, Directory of MininR Programs, Gibbs Associates, Boulder, 333 pp. Giger, R.D., 1973, "Streamflow Requirements of Salmonids," Final Report on Project AFS 62-1, Oregon Wildlife Commission, Portland. Golueke, C.G., 1977, Biological Reclmarion of Solid Wasre, Rodale Press, Emmaus, Pennsylvania, 249 pp. Gore, J.A., 1985, T h Restoration of Rivers and Streams, Butterworth Publishers, Stoneham, Massachusetts. Hadley. R.F., and King, N.J., 1980, "Geomorphic and Hydrologic Problems Associated with Surface Mining on Alluvial Valley Floors," Trans. SME AIME, Vol. 268, pp. 1818-1823. Hadley, R.F., Lal, R., Onstad, C.A., Walling, D.E.and Yair, A., 1985, "Recent Developments in Erosion and Sediment Yield Studies, Technical Documents in Hydrology," UNESCO, Paris, 127 pp. Haimson, Bezalel, ed., 1993, "Hydraulic Fracturing for Enhanced Recovery," in Rock Mechanics in the 1990sProceedings. 34th U.S. Symposium on Rock Mechanics, Vol. 1. International Society of Rock Mechanics, pp. 331-362. Halderson, J.L.. and Zenz, D.R., 1978, "Use of Municipal Sewage Sludge in Reclamation of Soils," Reclamation of Drastically Disturbed Lands, American Society of Agronomy, Crop Science Society of America. and Soil Science Society of America, Madison, pp. 355-377. Hallock, R.J., 1990, "Elimination of Migratory Bird Mortality at Gold and Silver Mines Using Cyanide Extraction," Proceedings, Nevada WildlifelMining Workshop, pp. 9f17. Hammack, R.W., Dvorak, D.H.,and Edenborn, H.M., 1993, "The Use of Biogenic Hydrogen Sulfide to Selectively Recover Copper and Zinc from Severely Contaminated Mine Drainage," Proceedings, International Biohydrometallurgy Symposium, The Minerals, Metals and Materials Society, pp, 631-639.

TECHNOLOGIES FOR ENVIRONMENTAL PROTECTION Hammack, R.W., Lai, R.W., and Diehl, J.R., 1988, "Methods for Determining Fundamental Chemical Differences between Iron Disulfides from Different Geologic Provenances," Proceedings, Mine Drainage and Surface Mine Reclamation, Vol. I. U.S. Bureau of Mines IC 9183, pp. 136-146. Hammack, R.W., and Watzlaf, G.R.. 1990, "The Effect of Oxygen on Pyrite Oxidation," Proceedings, Mining and Reclamation Conference, American Society for Surface Mining and Reclamation, pp. 257-264. Hammer, Donald A,, 1992, Creating Freshwater Wetlands, Lewis Publishers, Boca Raton, 298 pp. Hayes, J.C., Barfield, B.J., and Barnhisel, R.I., 1981. "The Use of Grass Filters for Sediment Control in Strip Mine Drainage," Laboratory and Field Evahntions of Real Grurses, Vol. 3 , Institute for Mining and Minerals Research, University of Kentucky, Lexington. Hedin, R.S., and Nairn, R.W., 1993, "Contaminant Removal Capabilities of Wetlands Constructed to Treat Coal Mine Drainage," Proceedings, International Symposium on Constructed Wetlands for Water Quality Improvement, Lewis Publishers, Boca Raton, pp. 187195. Hershfield. D.M., 1961, "Rainfall Frequency Atlas of the United States," Technical Paper 40, Weather Bureau, U.S. Department of Commerce. Hertzog, P.J., 1983. "Response of Native Species t o Variable Nitrogen, Phosphorus, and Potassium Fertilization on Mine Soils," M.S.Thesis, Montana State University, Bozeman, 76 pp. Hotes, F.L., Ateshian, K.H., and Sheikh, B., 1973, "Comparative Costs of Erosion and Sediment Control Construction Activities", Report No. EPA-430/9-73016, U.S. Environmental Protection Agency. Hough, H., 1994, "A Beginner's Guide to Bird Netting," Miner's News, Vol. 9, No. 1, pp. 3B. Huang, X., and Evangelou, V.P.. 1992, "Abatement of Acid Mine Drainage by Encapsulation of Acid-producing Geological Material," Bureau of Mines Contract Report 50309013, 6 7 pp. Jeffers, T.H., Bennett, P.G., and Corwin, R.R., 1992, "Wastewater Remediation Using Bio-Fix Bead Technology," Proceedings, 2nd International Conference on Environmental Issues and Waste Management in Energy and Minerals Production, p p . 1379-1387. Jensen. I.B., and Hodder, R.L.. 1979. "Tubelings, Condensation Traps, Mature Tree Transplanting, and Root Sprigging Techniques for Tree and Shrub Establishment in Semiarid Areas," Montana Agriculture Experiment Station Research Report 141, Montana State University. Bozeman, 105 pp. Jensen, M E , Burman, R.D., and Allen, R.G., 1990, "Evapotranspiration and Irrigation Water Requirements," ASCE Munwl 70, American Society of Chemical Engineers, New York, 332 pp. Kay, B.L., 1978, "Mulch and Chemical Stabilizers for Land Reclamation in Dry Regions." Reclumariun of Drasknlly Disturbed Lands, American Society of Agronomy, Crop Science Society of America and Soil Science Society of America, Madison, pp. 467-483.

279

Kay, B.L., 1984, "Cost and Effectiveness of Mulching Practices," Proceedings, High Elevation Revegetation Workshop No. 6, Colorado Water Resource Research Institute Information Series No. 53, Colorado State University, Fort Collins, pp. 170-181. Kill, D.L., and Foote, L.E., 1971, "Comparison of Longand Short-fibered Mulches," Transactions, American Society of Agricultural Engineering, Vol. 14, pp. 942944. Kim, A.G., 1982, "Acid Mine Drainage: Control and Abatement Research," Bureau of Mines fC 8905, U.S. Department of the Interior, 22 pp. King, Thomas F., 1978, "The Archaeological Survey: Methods and Uses," National Park Service, U.S. Department of the Interior. Kleinrnann, R.L.P., 1982, "Method of Control of Acid Drainage from Exposed Pyritic Materials, U.S. Patent N o . 4 , 3 14,966. Kleinmann, R.L.P., Crerar, D.A., and Pacelli, R.R., 1981, "Biogeochemistry of Acid Mine Drainage and a Method to Control Acid Formation," Mining Engineering, Vol. 3, pp. 300-306. Kleinmann, R.L.P., and Erickson, P.M., 1983, "Control of Acid Drainage from Coal Refuse Using Anionic Surfactants," U.S. Bureau of Mines RI 8847, 16 pp. Kleinmann, R.L.P., and Hedin. R.S., 1993, "Treat Mine Water Using Passive Methods." Pollution Engineering, VOI. 25, NO. 13, pp, 20-22. Kleinmann. R.L.P., and Watzlaf, G.R., 1988, "Should the Effluent Limits for Manganese be Modified," Proceedings, Mine Drainage and Surface Mine Reclamation, Vol. 2, U.S. Bureau of Mines IC 9184, p p . 305-3 10. Klesert, A.L., and Downer, A.S., eds., 1990, "Preservation of the Reservation: Native Americans. Native American Lands and Archaeology," Proceedings, Navajo Nation Papers in Anthropology No. 26, Navajo Nation. Klesert, Anthony L., and Powell, Shirley. 1993, "A Perspective on Ethics and the Reburial Controversy," American Antiguify, Vol. 58. NO. 2, pp. 348-354. Klingeman, P.C., Kehe, S.M., and Owusu, Y.A., 1984, "Streambank Erosion Protection and Channel Scour Manipulation Using Rockfill Dikes and Gabions," Water Resources Research Institute, Oregon State University, Corvallis. Koerner, R.M., 1990, Designing with Geosynthetics, Prentice Hall, Englewood Cliffs, New Jersey, 652 pp. Kratzsch. H., 1983, Mining Subsidence Engineering (Translated from German by R.F.S. Fleming), SpringerVerlag, Berlin, Germany,543 pp. Laflen, J.M., Lane, L.J., and Foster, G.R., 1991, "WEPP: A New Generation of Erosion Prediction Technology," Journul of sail nnd Water Conservafion, vol. 46. N O .1, pp. 34-38. Larew, G., and Skausen. J . . 1992, "An Ounce of Prevention is Worth a Pound of Water Treatment," Proceedings, 13th Annual West Virginia Surface Mine Drainage Task Force Symposium, WV Mining and Reclamation Association. Layton, R., ed., 1989, Conjlict in the Archaeology of Living Traditions. Unwin Hyman, London.

280

CHAPTER

6

Linder, C.P., 1969, "Channel lmproverneni and Stabilization Measures, Stale of Knowledge of Channel Stabilization in Major Alluvial Rivers," Technical Report No. 7, G.B. Fenwick, ed., Committee on Channel Stabikization, U.S. Army Corps of Engineers. Lotspeich, C.,1992, "Creating Riparian Wetlands," Larnd & Water, Vol. 36, pp. 46f47. Lyons, Thomas R., 1985, "Remote Sensing, A Handbook for Archaeologists and Cultural Resource Managers," Remote Sensing; Supplements No. 1 to 10, National Technical Information Center, U.S. Department of Commerce. Lyons, Thomas R . , and Mathien, Frances J., eds., 1980, "Cultural Resources Remote Sensing," National Technical Information Center, U.S. Department of Commerce. Mallard, P., and Bell, J.R., 1981, "Use of Fabrics in Erosion Control, "Transportation Research Report 8 lf4, Federal Highway Administration, 17 pp. McCool, D.K., Foster, G.R., Mutchlcr, C.K., and Meyer, L.D., 1989, "Revised Slope Length Factor for the Universal Soil Loss Equation," Transactions, American Society of Agricultural Engineers 32(5): 1571-1576. Melton, M.A., 1958, "Geometric Properties of Mature Drainage Systems and Their Representation in EA Space," Journal of Geology, Vol. 66, pp. 35-56. Meyer, L.D., Foster, G.R., and Romkens, M.J.M., 1975, "Sources of Soil Eroded by Water from Upland Slopes," A R S S-40, Present and Prospective Technology f o r Predicring Sediment Yields and Sources, Agricultural Research Service, U.S. Department of Agriculture, pp. 177- 189. Meyer, L.D., and Romkens, M.J.M., 1976, "Erosion and Sediment Control on Reshaped Lands," Proceedings, Third Inter-Agency Sedimentation Conference, PB-245100, Water Resources Council, Washington, D.C., pp. 2-65 to 2-76. Munshower, R., 1977, "Plant Response and Forage Quality," Montana Agricultural Experiment Station, Montana State University, Bozeman, 73 pp. Mutmansky, J.M., Suboleski, S.C., OHara, T.A., and Presard, K.V.K., 1992, "Cost Comparisons," S M E Mining Engineering Handbook, 2nd ed., SME, Littleton, pp. 2070-2089. Noble, Bruce J. Jr., and Spude, Robert, 1992, "Guidelines for Identifying, Evaluating, and Registering Historic Mining Properties," National Register Bulletin 42. National Park Service, U.S. Department of the Interior. Norman, D.K., 1992. "Reclamation of Quarries," Wushinglnn Geology, Vol. 20, No. 4, pp. 3-9. Olendorff, R.R., Miller, D.A., and Lehman, R.N., 1981, "Suggested Practices for Raptor Protection on Power Lines," Raptor Research Report No. 4, Raptor Research Foundation, Inc., St. Paul. 11 1 pp. Oyler, J.A., 1938, "Reclamation of Site Near a Smelter Using Sludgdfly Ash Amendments; Herbaceous Species," in Mine Drainage and Surface Mine Reclamation, Proceedings, Vol. 2, U.S. Eiureau of Mines IC 9184, pp. 22-31. Payne, N.F., 1992, Techniques for Wildlife Hubitat Managemenl o j W e k m f s ,McGraw-Hill, NY,549 pp.

Phelps, L.B., 1990, "Unit Operation of Reclamation," Sufuce Mining, 2nd ed., SME, Littleton, pp. 11811197. Proteau, J.T., 1988, "Revegetation Principles, Practices, and Problems Associated with the Development of a Mountain Resort," Proceedings, High Elevation Revegetation Workshop No. 8, Colorado Water Resource Research Institute Information Series No. 59, Colorado State University, Fort Collins, pp. 291 -297. Renard, K.G., Foster, G.R., Weesies, G.A., and Porter, J.P., 1991, "RUSLE: Revised Universal Soil Loss Equation,'' Journal of Soil and Water Conservation, Vol. 44. No. 1 , pp. 30. Rennick, R.B., Hertzog, P.J., and Munshower, F.F., 1984, "Native Species Response to Fertilizers on Surface Mined Land," Montana Agriculmre Experiment Station Special Report 1 1, Montana State University, Bozeman, 35 PP. Richardson, G.N., and Koerner, R.M., 1990, A Design Primer: Geotextiles and Related Materials, Industrial Fabrics Association International, St. Paul. pp. 8lf89. Ritcey, Gordon M., 1989, "Tailings Management: Problems and Solutions in the Mining Industry," Elsevier, New York. Rock, R.L., and Beckman, Robert T., 1980, "Radiation Monitoring and Control," MSHA Special Publication, Mine Safety and Health Administration. Ross, D.J., and Cairns, A., 1981, "Nitrogen Availability and Microbial Biomass in Stockpiled Topsoils in Southland," New ZeaIand J o u m l of Science, Vol. 2 4 , pp, 137-143. Roth, 5.. 1979, "A Model for the Determination of Flyrock Range as a Function of Shot Conditions", Management Science Associates contract report 50337242 for the U.S. Bureau of Mines. Ruhe, R.V., 1975, Geomorphology: Geomorphic Processes and Su@ciuI Geology, Houghton Mifflin Co., Boston, pp. 246. Schlitt, W.J., and Shock, D.A., 1979, "In Situ Uranium Mining and Ground Water Restoration," Proceedings, New Orleans Symposium, AIME. Schwarzkoph, B.F., 1989, "Redaiming Montana's Prairies," Proceedings, North American Prairie Conference, 8 pp. Schwarzkoph, B.F., 1993, "Opportunities for Positive Land Use Change Through Reclamation," Proceedings, American Society of Surface Mining and Reclamation, 7 PP. Seamands, W.J., and Powell, L.M., no date, "Plant Science Fact Sheet,'' Agriculture Experiment Station, University of Wyoming, Laramie, 2 pp. Singh, M.M., 1992, "Mine Subsidence," SME Mining Engineering Hurrdbook, 2nd ed., Vol. 1, SME, Littleton. pp. 938-971. Siskind, D. E., Stachura,V. J., Stagg. M. S. and Kopp, J . W., 1980a, "Structure Response and Damage Produced by Airblast From Surface Mining," RI 8485, U.S. Bureau of Mines. Siskind, D. E., Stagg, M. S . , Kopp, I . W . and Dowding. C. H.,1980b, "Structure Response and Damage Produced by Ground Vibration From Surface Mine Blasting," RI

TECHNOLOGIES FOR ENVIRONMENTAL PROTECTION 8507, U.S. Bureau of Mines. Siskind, D. E., Crum, S. V., Otterness, R. E., Kopp, J. W., 1989, "Comparative Study of Blasting Vibrations From Indiana Surface Mines," R1 9226, U.S. Bureau of Mines. Siskind, D. E., 1993, "Control of Ground Vibration Frequencies and Amplitudes Through Blast Design," (state-of-the- art) Issue Paper #3, U.S. Bureau of Mines. Siskind, D. E., 1996, Blasting Vibrations, State-of-the-Art and Historical Summary, DR-09, DESA Consultants. Skousen, J., Politan, K., Hilton, T., and Meek, A., 1990, "Acid Mine Drainage Treatment Systems: Chemicals and Cost," Green Lands, Vol. 20, No. 4, pp. 31-37. Skousen, J., Sexstone A., and Sencendiver J., 1992, "Wetlands for Treating Acid Mine Drainage," Greenlands, Vol. 22, No. 4, pp. 31 f37. Sloan, J.P., and Ryker, R.A., 1986, "Large Scalps Improve Survival and Growth of Planted Conifers in Central Idaho," Intermountain Research Station Research Paper Int-366, Forest Service, U.S. Department of Agriculture, 9 PP. Sobek, A.A., 1978, "Field and Laboratory Methods Applicable to Overburdens and Minesoils," EPA-600/278-054, U.S. Environmental Protection Agency, 203 PP. Sobek, A.A., Benedetti, D.A., and Rastogi, V,, 1990, "Successful Reclamation Using Controlled Release Bactericides; Two Case Studics," Proceedings, 1990 Mining and Reclamation Conference, American Society for Surface Mining and Reclamation, pp. 33-41. Soltanpour, P.N., Follett, R.H., and Westfall, D.G., 1985, "Guide to Fertilizer Recommendations in Colorado," Cooperative Extension Service, Colorado State University, Fort Collins, 45 pp. Sopper, W.E., 1988, "Reforestation of a Zinc Smelter Superfund Site," in Mine Drainage and Surface Mine Reclamation, Proceedings, Vol. 2, IC 9184, U.S. Bureau of Mines, pp. 68-73. Stachura, V. J., Siskind, D. E., Engler, A. J., 1981, "Airblast Instrumentation and Measurement Techniques for Surface Mining," RI 8505, U.S. Bureau of Mines. Strahler, A.N., 1950, "Equilibrium Theory of Erosional Slopes Approached by Frequency Distribution Analysis, "American Journal of Science, Vol. 248, pp. 673-696. Stumm, W., and Morgan, J.J., 1981, Aquatic Chemistry, Wiley, New York, 780 pp. Sweigard, R.J., 1992, "Reclamation," SME Mining Engineering Handbook, 2nd ed., SME, Littleton, pp. 1181-1197. Tchobanoglous, G., and Burton, F.L., eds., 1991, Wastewater Engineering: Treatment. Disposal and Reuse, 3rd ed., McGraw-Hill, New York, 1334 pp. Theisen, M.S., 1988, "Cost-effective Techniques for Successful Erosion Control," Proceedings, High Elevation Revegetation Workshop No. 8, Colorado Water Resource Rcscarch Institute Information Series No. 59, Colorado State University, Fort Collins, pp. 240-255 Thomas, David Hurst, 1979, Archaeology, Holt, Rinehart and Winston, New York. Thornburg, A.A., 1982, "Plant Materials for Use on SurfaceMined Lands in Arid and Semiarid Regions," SCS TP~

281

157, Soil Conservation Service, U.S. Department of Agriculture, 88 pp. Toy, T.J., 1984, "Geomorphology of Surface-Mined Lands in the Western United States,"Developments and Applications of Geomorphology, Springer-Verlag. New York, pp. 133-170. Toy, T.J., and Hadley, R.F., 1987, Geomorphology and Reclamation of Disturbed Lands, Academic Press, Orlando, 480 pp. Vodehnal, G.L., 1993, "The Use of Municipal Compost in the Revegetation of a High Elevation Gold Mine," Proceedings, Billings Mined Land Reclamation Symposium, Reclamation Research Unit Publication No. 9301, Montana State University, Bozeman, pp. 49-56. Waddel, R.K., Jr., Parizek, R.R., and Buss, D.R., 1986, "Acidic Drainage Abatement through Surficial Application of Limestone Quarry Waste and Limeplant Flue Dust," Proceedings, 7th Annual West Virginia Surface Mine Drainage Task Force Symposium, WV Mining and Reclamation Association. Warner, R.C., and Schwab, P.J., 1989, "Alternative Designs of Sediment Basins: Environmental and Economic Considerations," American Society of Agricultural Engineers Summer Meeting, Quebec. Warner, R.C., and Schwab, P.J., 1990, SEDCAD' (Sediment, Erosion and Discharge by Computer Aided Design) Version 3.0. Design Training Manual, Civil Software Design, Lexington. Warner, Richard C., and Hirschi, M.C., 1983, "Modeling Check Dam Trap Efficiency," American Society of Agricultural Engineers Meeting, Bozeman. Warner, Richard C., and Mujiharjo, S., 1992, "Evaluating the Sediment Separation Efficiency of the Swirl Concentrator," Presentation at the Small Scale Sediment Control Systems Conference, Office of Surface Mining, Denver. Wesche, T.A., 1985, "Stream Channel Modifications and Reclamation Structures to Enhance Fish Habitat," Restoration of Rivers and Streams, Butterworth Publishers, Stoneham, Massachusetts. Williams, D.E., Vlamis, J., Pukite, A.H. and Corey, J.E., 1980, "Trace Element Accumulation, Movement, and Distribution in the Soil Profile from Massive Applications of Sewage Sludge," Soil Science, Vol. 129, pp. 119-132. Willison, L., and Hause, D., 1986, "Deep Mine Abandonment Sealing and Underground Treatment to Preclude Acid Mine Drainage," Proceedings, 7th Annual West Virginia Surface Mine Drainage Task Force Symposium, WV Mining and Reclamation Association. Wilson, Rex L., 1987a. "Rescue Archaeology," Proceedings, Second New World Conference on Rescue Archaeology, Organization of American States and Southern Methodist University, Southern Methodist University Press, Dallas. Wilson, Rex L., 1987b, "Rescue Archaeology in the New World," Remarks presented at the National Antiquities and National Historical Museums, Stockholm. Wilson, Rex L., and Loyola, Gloria, eds., 1982, "Rescue Archaeology," Proceedings, First New World Conference on Rescue Archaeology, National Trust for Historic

282

CHAPTER

6

Preservation and the Organization of American States. Wischmeier, W.H., and Smith, D.D., 1978, "Predicting Rainfall Erosion Losses - A Guide to Conservation Planning," Agriculture Handbook No. 537, U.S. Department of Agriculture. Wiss, J. F., Linehan, P. W., 1978, "Control of Vibration and Blast Noise From Surface Mining." Wiss, Janney, Elstner and Assoc. contract report 50255022 for the U.S. Bureau of Mines. Workman, J. L., Calder, P. N., 1994, "Flyrock Prediction and Control in Surface Mine Blasting," Proceedings, Twentieth Annual Conference on Explosives and

Blasting Technique, International Society of Explosives Engineers, pp. 59-74. Wyant, D.C., 1980, "Evaluation of Filter Fabrics for Use As Silt Fences," Virginia Highway & Transportation Research Council, Charlottesville. Xanthakos, Petros P., 1979, Slurry Walls, McGraw-Hill, New York, 622 pp. Zahl, E.G., Biggs, F., Boldt, C.M.K.. et al., 1992, "Waste Disposal and Contaminant Control," SME Mining Engineering Handbook, 2nd ed., SME, Littleton, p p . 1170-1180.

Chapter 7

ENVIRONMENTAL PERMITTING edited by D. W. Struhsacker

7.1 INTRODUCTION

are discussed in detail in the remainder of this chapter.

7.1.1 CHAPTER PURPOSE

7.1.2 DEFINING ENVIRONMENTAL PERMITTING

The purpose of this chapter of the Handbook is twofold: to discuss the technical, legal, and political factors that need to be considered in environmental permitting efforts for mining projects; and to describe the specific tasks and data requirements for permitting a mine. The critical importance of a multidisciplinary approach to permitting which balances and integrates technical, legal, and political factors is a dominant theme of this chapter. Coordinating the efforts of the environmental permitting team is discussed as an important element in a successful permitting program. Discussions of pertinent examples from recently permitted mining projects throughout the country illustrate how technical, legal, and political information is used during the permitting process. The integrated multidisciplinary approach to permitting described in this chapter is based upon the experience, insight, and expertise of the contributing authors. Numerous mining industry professionals involved with the legal, technical, and political aspects of mine permitting have contributed sections to this chapter. As a group, these authors are representative of the professional team required to permit most mining projects. This group of contributing authors offers a wealth of expertise and perspective in the field of environmental permitting for mining projects. The expertise encompassed by this group includes all types of hard rock mining projects throughout the country on federal, state, and private land. The information presented in this chapter i s thus meant to be broadly applicable to all hard rock mining projects in the United States. This chapter is not intended as a step-by-step guide to mine permitting because developing a permitting blueprint which would be applicable to all projects is not possible. Site-specific environmental, regulatory, technical, and political considerations must form the basis for an environmental permitting strategy for any project. However, the general tasks involved in permitting a mine are similar from project to project, and these tasks

Environmental permitting for a mining project can range from a fairly straightforward exercise in documenting technical conditions and design elements in permit applications, to a complex multidisciplinary endeavor which must integrate a variety of technical, legal, and political factors. The components of a mine permitting effort typically include many or all of the following: science and technology, site-specific environmental factors, laws and regulations, politics and government relations, community involvement and public relations, media management and information dissemination, and determination and commitment of the project applicant. Given the broad spectrum of permitting requirements and the variability of permitting conditions from state to state and from project to project, it is unrealistic to develop a generic permitting blueprint because each project is unique. It is, however, possible to identify the major elements of the mine permitting process, and to outline how each of these elements must support and complement each other. This chapter describes these key elements and presents a multidisciplinary permitting approach which coordinates and balances these key elements.

7.1.2.1 Regulatory Requirements and Site Specific Factors Determining which regulations apply to a project is typically the first step in permitting a mine. Regulatory requirements based upon federal, state, and local laws initially define the permitting process for mining projects, and establish the legal basis for developing, operating, and closing a mine. Most projects require a number of permits and some level of environmental analysis to determine the environmental impacts due to the project. The permits include environmental

283

284

CHAPTER 7

performance standards or limitations with which an operator must comply. Many permits also involve some form of financial assurance. Defining applicable regulatory requirements is discussed in Section 7.4. Once the legal and regulatory framework for a project has been defined, site specific environmental factors and engineered environmental controls in response to site conditions must be addressed in an environmental permitting program. Baseline studies form the technical basis for defining pre-existing environmental conditions at the site and for assessing how mining will affect the site. Once baseline conditions and environmental impacts are defined, engineering controls are designed to minimize, monitor, and mitigate impacts and to meet the environmental performance standards mandated by regulations and specified as project permit conditions. Baseline data requirements are discussed in Section 7.3. Section 7.7 describes the relationship between the permitting and engineering design processes. Determining project impacts and developing mitigation measures are discussed in Section 7.8. Section 7.10 deals with project monitoring requirements.

7.1.3 ENVIRONMENTAL PERMITTING TEAM The environmental permitting team must be a multidisciplinary group comprised of professionals with an appreciation for the key environmental, technical, engineering, and political factors germane to the project, as well as being experts in one or more specific aspect of the project. Some of the more specialized technical members of the team may have narrowly defined responsibilities and their role, although important, is limited to specific phases and aspects of the permitting effort. In contrast, other members of the team may have broader but less specialized roles which may last the duration of the permitting effort. Ultimately the efforts of each team member must be carefully coordinated, and this coordination effort is usually performed by the project manager. The role of each professional in the environmental permitting team and the coordination of the team's efforts are discussed in the following paragraphs.

7.1.3.1 Explorationist 7.1.2.2 Political Considerations Historically, most permitting efforts for mining projects have focused on legal, technical, and engineering factors, and political factors have not been a major consideration. However, now that mining projects commonly attract the attention of third-party and political interests, political factors are playing an increasingly influential role in defining the outcome of permitting efforts. Anti-mining third-party groups will typically rely on a distorted and unbalanced picture of mining in an attempt to convince community leaders and the general public to oppose a project. Thus, mining projects which have the potential to be controversial or the subject of third-party attention typically need community involvement, political lobbying, and media management programs to complement and support the more traditional legal, technical. and engineering components of permitting. The goal of these communication and political involvement programs is to provide the public and elected officials with the facts about a project, and to convince them that mining is an environmentally responsible industry which can contribute jobs and economic growth and diversity to a community. Controversial projects which do not include these political components may risk a lower probability of securing project permits. The need to include communication and political involvement programs in the permitting effort is described in Section 7.5. Section 7.11 outlines the elements of a communication and public involvement program. The political involvement process is described in Section 7.12.

The explorationist (typically the Project Geologist) is the first environmental scientist to evaluate the project. This professional contributes the most detailed understanding of the geology, mineralogy, alteration, and geochemistry of the orebody and the surrounding terrain. This background is critical in defining mineral system characteristics which may affect the environment such as the potential for acid generation, slope stability problems, water supply or dewatering considerations, and existing environmental liability due to historical mining activities. The explorationist typically also has a detailed understanding of the land ownership of the project. The data on mineral system characteristics developed by the explorationist should be incorporated into early project planning and analysis. Typically these data will indicate the likely environmental issues associated with the mineral deposit. The explorationist's expertise and perspective should also be consulted throughout the environmental permitting effort.

7.1.3.2 Project Manager The project manager must ultimately perform the pivotal role of coordinating and integrating all components of the environmental permitting effort. Typically the project manager is a mining professional with a technical background in geology, mining engineering, or metallurgy, and planning and coordinating the technical aspects of a project are second nature. However, the project manager may not be as comfortable with other critical aspects of the permitting effort such as legal or political concerns, or dealing with the media and the public. The project manager may thus have to rely on


other team members to facilitate these aspects of the permitting effort. The project manager has a demanding role which requires an understanding of the complex interrelationship of the technical, legal, and political factors affecting the project. This individual must have the ability to prioritize and handle numerous tasks, rrnd must be responsive to any changes in circumstances which could affect permitting requirements.

7.1.3.3 Environmental Coordinator/Permitting Specialist The Environmental Coordinator or Permitting Specialist is usually an individual with expertise in one key aspect of the project such as regulato~yand legal requirements, a specific environmental discipline, or environmental planning. Ideally this individual has a broad understanding of the various aspects and disciplines involved in environmental permitting. In many projects, the environmcntal coordinator may function as an assistant project manager and assist in coordinating selected aspects of the permitting effort. Like the project manager, the environmental coordinator plays an important role in integrating and coordinating the other environmental permitting team players.

7.1.3.4 Engineering Specialists Engineering is the basis for designing measures to minimize, control, monitor, and mitigate environmental impacts due to mining. Communicating the functions and effectiveness of design elements to the regulators and the public is a major component of project permitting. For some projects this communication role can be fulfilled by the engineers responsible for the design. Projects with a high degree of public scrutiny may require communication specialists to help the project engineers present the engineered controls to the public. Given the fundamental role which engineering plays in controlling, monitoring, and minimizing environmental impacts, there is a critical need to coordinate the engineering design and environmental permitting efforts at the earliest stages of a project. Following project permitting, there is an ongoing need for communication between project personnel responsible for environmental compliance and systems design and operation. Numerous engineering disciplines may be required for a mining project including the fields of mining, metallurgical, geotechnical, civil, structural, mechanical, electrical, instrumentation, and marine engineering. The need for a specific engineering discipline will be determind principally by site conditions and the need to design environrncntal protection controls responsive to these conditions. The roles of the various engineering disciplines and coordination of engineering and

285

permitting are discussed in Section 7.7.

7.1.3.5 Project Metallurgist Traditionally the project metallurgist has been viewed mainly as a technical role. However, the project metallurgist is becoming an increasingly important member of the environmental permitting team, and should be involved in early project planning to evaluate the environmental ramifications of generating and disposing process waste. Future mining projects will be r e q u i d to assess methods for minimizing problematic aspects of process waste such as toxicity, leachability, or acid generation potential. Project metallurgists should assume responsibility for this role and for implementing source control and waste minimization programs to reduce potential environmental hazards due to process wastes.

7.1.3.6 Environmental Resource Specialists The environmental resource specialists include the biologists. hydrologis&s, archaeologists, and other scientists and professionals who perform the environmental baseline studies and impact analyses, and who assist the project engineers in defining mitigation requirements. Ideally the environmental resource specialists are professionals recognized in their fields with experience in both mining and the type of site in question. It is generally important to use resource specialists familiar with the mine area and the involved regulatory community. However, finding local resource specialists with adequate mining expertise may be difficult in some area of the country. The role of the resource specialists and a description of the data requirements for each resource discipline typically pertinent to a mining project are discussed in Section 7.3.

7.1.3.7 Legal Counsel Legal counsel during mine permitting efforts can either be provided by in-house or outside counsel. In either case, the project attorneys define all legal and regulatory requirements to obtain project permits, and develop a program for complying with these requirements. This effort is typically coordinated with the project manager and the environmental coordinator. The project attorney should also provide guidance on how to document and archive pre-project environmental data should this information be needed for future environmental liabilily litigation. Many law firms typically have established ties with key regulatory and political officials which may be very useful contacts for a project proponent. Thus, the project attorneys may also play an important role in

286

CHAPTER 7

political involvement and in high-level discussions with regulatory agencies. The role of project legal counsel may be quite diversified as is discussed in Section 7.4.

permitting, and working with regulators is discussed throughout this chapter. 7.1.4 CHAPTER ORGANIZATION

7.1.3.8 Cornmunications/Public Involvement Specialist Communication and public involvement programs to develop local support for a project can significantly benefit the project permitting effort and can expedite permit acquisition. For controversial projects, communication and public involvement programs may even be critical to the success of permitting efforts. Developing local support requires an information dissemination program to provide area residents with regular and consistent information about the project. For some projects, this program can be largely accomplished with in-house personnel, with the project manager and/or the environmental coordinator serving as principal project spokespersons. However, more controversial projects may benefit tiom a communicationslpublic involvement specialist. The importance of public support and community involvement, and the role of the project communicationslpublic involvement specialist are discussed in Section 7.1 1. 7.1.3.9 Political Involvement Specialist (Lobbyist)

Political assaults on the federal, state, and local levels against the mining industry typically focus on restricting or even banning mining. These political actions are usually justified by their sponsors under the pretext of necessary environmental regulations. It is not unusual for proposed mining projects to galvanize mining opponents into action to seek new regulations in an attempt to thwart a project. Thus during project permitting it may be necessary to commit to a lobbying effort to influence the outcome of anti-mining legislative proposals. The role of political involvement specialists (i.e., lobbyists) during the permitting process is discussed in Section 7.12.

This chapter is divided into sections according to permitting task. The description of each task focuses on the professionals required to perform the task, when each task is performed, and how each task is integrated into the entire environmental permitting effort. The following is a general outline and brief overview of this chapter: Section 7.1 - Introduction: Defines environmental permitting and presents an overview of the varied components and multidisciplinary nature of environmental permitting. Section 7.2 - Defining Mineral System Characteristics Which May Affect the Environment: Defines mineral system characteristics and their influence upon permitting requirements, regulatory considerations, and environmental control technologies. This section discusses the types of mineral system data required and how these data are used. Section 7.3 - Defining Environmental Conditions (Baseline Evaluation) of Project Sites: Defines issues to be addressed in the baseline studies for the following disciplines: aesthetics, air quality, aquatic biology and fisheries, blasting and vibration, cultural resources, geology and soils, groundwater, noise, recreation, socioeconomics, surface water, terrestrial wildlife, threatened and endangered species, transportation and utilities, vegetation, wetlands. This section also discusses data requirements for each resource discipline and how environmental baseline data are used.

7.1.3.10 Regulatory Community

Section 7.4 - Defining Legal and Regulatory Requirements: Discusses integrating legal advice into the permitting process and working with attorneys during mine permitting. This section discusses how to define pertinent laws and regulations which determine permitting requirements.

The regulatory community forms an integral part of the environmental permitting team in their role in defining and establishing permitting requirements, in evaluating project permit applications, in enforcing regulatory requirements, in communicating regulatory controls an3 the regulatory process to the interested public, and in involving thc public in this process. The regulatory community may consist of federal, state, and local regulatory authorities with specific project-related authority and responsibility. Interacting with the regulatory community is a key element of environmental

Section 7.5 - Developing an Environmental Permitting Strategy: Discusses developing a permitting strategy tailored to meet the specific needs of a project based upon an understanding of mineral system characteristics, environmental site conditions, legal and regulatory requirements, and community relations and political considerations. This section describes the importance of determining project-specific key issues and developing a critical path for addressing those issues. Selection of key environmental permitting project team members is atso discussed.

ENVIRONMENTAL PERMITTING Section 7.6 - The EIS Process: Describes the federal Environmental Impact Statement (EIS) process and discusses the differences between an Environmental Assessment (EA) or an EIS, agency Memoranda of Understanding, selecting an EIS contractor, the role of public involvement in the EIS process, the steps in the EIS process, and the format and content of an ETS This chapter also discusses preparing state-level EIS documents and integrating the federal EIS process with state environmental permitting requirements. Section 7.7 - Engineering Requirements for Permitting Compared to Engineering Requirements for Construction: Discusses the role of various engineering disciplines on the environmental permitting team, and explains the engineering data requirements for permitting efforts. This section describes the level of engineering detail needed during various permitting phases and stresses the importance of coordinating the engineering planning and design processes with the environmental permitting efforts at the early stages of a project. Section 7.8 - Defining Project Impacts, Evaluating Alternatives, Developing Mitigation, and Reclamation Planning: Discusses integrating mineral system characteristics and environmental baseline data with the project design and engineering controls in order to assess project impacts and to develop mitigation and reclamation measures. This section describes a multidisciplinary approach to defining impacts and developing mitigation and reclamation measures. Section 7.9 - Closure and Post-Closure Planning: Discusses identifying closure and post-closure requirements and integrating these requirements into the project design and permitting: Disscusses efforts. This section also discusses financial assurance requirements and outlines the various bonding mechanisms and financial guarantees available to the mining industry. Methods for reducing or minimizing long-term bonding requirements are presented. This section concludes with a discussion of ways in which to minimize the potential for future environmental damage claims. Section 7.10 - Project Monitoring: Discusses project monitoring requirements for air quality, surface water, and ground water during all project phases (i.e., construction and start-up, operation, reclamation, and post-closure). This section describes how monitoring data are used by operators and regulators to measure the performance of the engineered environmental protection systems and to determine compliance with permit conditions. Section 7.1 1 - Community Involvement and Public Relations: Discusses communicating project plans and

287

environmental control measures to the public, and to the media. This section describes the importance of community involvement and public relations programs for controversial projects and focuses on how to design a communication program which integrates technical information and political considerations. Section 7.12 - Political Involvement: Discusses how mining project proponents can participate in political and legislative issues affecting mining. This section describes the interrelationship between community involvement and public relations with political involvement, and presents an integrated approach to analyzing the technical, legal, and public opinion implications of proposed legislation.

7.2 DEFINING MINERAL SYSTEM CHARACTERISTICS THAT MAY IMPACT THE ENVIRONMENT 7.2.1 WASTE ROCK CHARACTERIZATION by A. Smith 7.2.1.1 Introduction This section focuses on the rationale of and alternate methodologies for defining the geochemical characteristics of waste rock. As such, the section does not provide a line-by-line account of all the various test protocols and how they might be executed, but is an overview how such a geochemical test program might be formulated to yield data for the permitting and the design of waste rock facilities. Having considered the diverse requirements of "classification" of waste rock for regulatory compliance versus the need for data appropriate for the site specific siting and design of a waste facility, the basis of a geochemical sampling and testing program is outlined and explained. The need for a logical, technically defensible and thorough sample program, based on consideration of the entire range of potential geochemical variation in the project waste is identified, as a precursor to a multi-phased short term and longer term geochemical testing program. The need for and application of the data gained in such a geochemical testing program are described subsequently.

7.2.1.2 Defining Waste Characterization A fundamental issue which must be understood at the outset of a waste rock geochemical testing program is the meaning of "waste characterization"and the difference between "characterization" and "classification". This is not mere semantics; the difference between these two terms represents a fundamental difference in the raison

288

CHAPTER 7

derre for performing geochemical testing to meet their divergent objectives, Waste characterization, in a geochemical sense, represents an attempt to describe the nature and the behavior of the waste materials as they will occur under ambient or field conditions. This is a "real world" condition; useful, practical information tor the operator, engineer and regulator alike. Waste characterization provides data that can be used in the siting, design, operation and decommissioning of a waste facility. The term to "classify" waste in the geochemical sense, (1.e. to arrange in classes; Mclntosh, 19631, means to assign the waste material to an arbitrary grouping based on numeric criteria defined and codified i n an administrative code or attendant regulations. Classification of' the waste docs not relate to how the material might behave under site specific. held conditions, it only describes how the materials respond to the codified testing protocol. These protocols a~ erected to permit relatively uniform classification of waste materials, normally in terms of "hazardous" nature or as a "special" waste. It is apparent that, while it is necessary to conduct geochemical testing to satisfy regulatory classification requirements, the actual geochemical behavior that might be anticipated in the field can be gained only from a testing program which attempts to account for site specific, project conditions.

7.2.1.3 Program Design and Requirements Conceptually, any waste rock geochemical evaluation program designed to provide the necessary data to support an application to permit a waste rock disposal facility should have the following three objectives: "CEuss~~cution" of waste rock in terms of mandated regulatory protocols for the characteristic of toxicity by leachability, something unrelated to the actual geochemical behavior of the waste rock; Establishment of the timedependent leachability of the waste rock, both in saturated and unsaturated flow conditions and the evolution of the waste rock geochemistry with time; and Assessment of acid generation kinetics and the long-term acid generation potential of the waste rock. These objectives can be realized only in the framework of a rational and comprehensive test program which begins with collecting a representative suite of geochemically (as opposed to geologically) distinct waste

rock types. Sample selection is based on the geochemical logging of core or cuttings, as a precursor to selecting a technically defensible sample suite for geochemical testing. Following a rigorous sample selection procedure, the actual geochemical testing is a three-pha.e process designed to satisfy regulatory requirements to "classify" the waste rock; establish the geochemical properties of the waste rock on a fundamental basis using straightforward, short-term static test procedures; and to evaluate the time dependance of the geochemical processes likely to affect the waste rock behavior using kinetic tests. These three phases form Phases 4 through 6 of an overall geochemical testing program. AccordingIy, a conceptual geochemical work program for waste rock consists of the following six phases: Phase I - Geochemical logging of core from potential waste rock areas and horizons.

Phase 2 - Identification of geochemically based waste rock domains or groups. Phase 3 - Selection of samples representative of both a given domain and the variation of materiah within that domain for geochemical testing.

Phase 4 - Geochemical tests to regulatory classification requirements.

satisfy

Phase 5 - Geochemical testing, comprising short term tests to establish fundamental geochemical behavior. Phase 6 - Long-term kinetic geochemical tests to define and quantify rates and nature of potential geochemical process including dehyed acid generation from the waste.

7.2.1.4 Sample Selection: Basis and Practicalities One of the most contentious issues in developing geochemical data for permitting a mining project is defining the number of samples required to determine the geochemical variability the waste rock, and satisfying project opponents and the regulatory agencies that a sufficient number of samples have been collected. What is most often omitted from consideration when developing a sample selection program is that such a program has to be truly site specific. Unfortunately, numeric, codified approaches which are sometimes dictated by regulatory agencies fail to account for the specificity of the project. Statistical approaches which

ENVIRONMENTAL PERMITTING define the number of required samples based upon the anticipated number of tons of waste rock likely to be produced fail totally to consider site specific factors. Inevitably, based on experience, there are never sufficient samples to satisfy the apparent needs of objectors to the project, irrespective the number of samples taken. Experience dictates that the project proponent and the appropriate regulatory agencies should feel comfortable that the geochemical sampling program is technically defensible and adequately represents the variation in potential waste rock materials. The project proponent may have to defend the waste rock sampling program in open forums such as public meetings and permit hearings. The three-phase sampling program described considers the site specific nature of a project while ensuring a technically defensible sample selection program. This is not the only approach to sampling. It is, however, a guide to the type of requirements that should be included in such a sampling program.

7.2.1.4.1 Geochemical logging of waste rock The description of the requirements for logging waste rock in this section are related to drill core. Other types of materials, such as drill chips, grab samples from surface exposures or geologic sections in open pits or underground workings can also be used. It is normal in most pre-mining permitting situations that drill core or cuttings are the only materials available which give a large enough coverage of potential waste materials for the project. Core is favored usually over drill cuttings, both for ease of logging, better definition of mineralogy and structure, and a better chance that the drilling process has not adversely affected the geochemical properties of the potential waste rock. All core within the proposed mine workings or open pit that is not ore or low-grade ore, should be logged or re-logged as necessary as follows:

The mode of Occurrence of sulfide minerals (i.e., within fractures or veins, or disseminated within the rock mass) should be described as well as the type of sulfide, its size, habit and amount. Evidence of multiple generations of sulfides, reaction of the sulfide within the surrounding rock, obvious imperfections in the sulfide crystals that might cause increased surface area or access to oxidation reactions should be noted. Carbonate minerals should be subject to the same rigorous type of description as above,

289

where appropriate, and the reaction of the carbonate to sulfuric acid noted. 4.

Existing geotechnical data on fractures should be expanded to include the percentage of the fracture covered by sulfide or carbonate minerals. Veins should be described similarly. Any interrelationships between sulfide-bearing and carbonate-bearing fractures and veinlets should be noted.

5.

The nature and extent of the gross oxidatiodweathering and leaching of the rock should be noted, together with an assessment of the degree of alteration and the nature and extent of secondary oxidation products.

While this phase of the sampling program normally includes all core representative of waste rock, it may be possible, based on the pre-existing knowledge of the orebody, to log only certain sections of the core for geochemical purposes and extrapolate the results to the remainder of the core.

7.2.1.4.2 Identification of waste rock groups Based on the results of the geochemical logging program, coupled with any data from previous geological logging of the drill core, a geochemically differentiated set of waste rock groups is established and used as the basis for sample selection for testing. It is likely that the project geologists and geochemists will identify the waste rock groups.

7.2.1.4.3 Selection of samples f o r geochemical testing A minimum of five samples from each waste rock group should be selected for the geochemical testing (Phases 4 through 6 ) . It is essential that the five or more samples are representative of the range of variation of the geochemical properties of the materials in that group; for example, low apparent carbonates through to high apparent carbonates. If five samples are not sufficient to cover the variation of material properties within the group, then additional samples must be collected to ensure coverage. Assuming, for example, that ten groups of geochemically distinct waste rocks are recognized, this would result in a minimum of fifty samples being subject to the initial phases of geochemical testing. This is the minimum number likely to be acceptable; current mining projects going through permitting in 1992 were using between about 50 and 250 samples in the primary phases of geochemical testing.

290

CHAPTER 7

7.2.1.5

Geochemical Testing Program

7.2.1.5. I

Waste Classification Tests

Waste classification tests assign the waste rock into arbitrary classifications of waste material, based on testing protocols prescribed by the regulatory agencies. The protocols are used to define the waste as toxic or hazardous in terms of Subtitle C or D of the Resource Conservation Recovery Act (RCRA). The results of the waste classification tests are evaluated against the prescribed numeric criteria for definition of "toxic" and "hazardous" wastes. These tests fail to recognize the geochemical environment into which the waste rock will be placed. However, such test are often mandated, ad thus must be performed. The test protocols available for classification include EPA Method 1310, the EPA Toxicity Test; EPA Method 1311, the Toxic Characteristic Leach Procedure (TCLP); and EPA Method 1312, a test designed to evaluate low hazard/high volume wastes, as exemplified by mining wastes, under Subtitle D of RCRA, Method 1310, the EPA Toxicity Test, has now been superseded largely by the Method 1311 TCLP. Both methods involve leaching with an organic acid, (acetic acid), which causes the preferential solution by complexatkn of metals such as lead (as lead acetate) over and above that which would occur in inorganic waste rock systems. The protocols do not define field conditions and can be used only for regulatory compliance (is., waste classification) purposes. This fact must be stressed when submitting TCLP data as part of a permit application. Method 1312 comes closest to simulating the inorganic-based leaching system likely prevalent in a waste rock dump, Smith (1989). However, regulatory agencies often require the TCLP test. Accordingly, it is appropriate to submit both TCLP and Method 1312 values noting that the former are for waste classification purposes and the latter are generally more technically representative of the long-term geochemical behavior of the wastes. The number of samples tested will depend on the geochemical grouping of the waste rock and samples selected in Phase 3. Normal quality control and quality assurance procedures should be used to make the data defensible in any future adversarial situation. At least 10 percent of the samples should be analyzed as replicates. TCLP and Method 1312 test leachates should be analyzed for the range of metal species defined under RCRA, (normally arsenic, barium, cadmium, chromium, lead, molybdenum, mercury, selenium and silver). Other species may be added, if desired, but such additional'data are not likely to be dispositive of field conditions and may be misleading.

7.2.1.5.2 Short-Term

Geochemical Testing

The short-term geochemical testing of the waste rock can be divided into two parts: batch leach testing to determine likely leachability under field conditions; a d static acid generation potential testing. 7.2.1.5.2.I Batch Leachability Tests

Some of the data obtained from the EPA Method 1312 testing described above can be a useful precursor to the leachability tests. However, the low solid to liquid ratio mandated in the test means that the Method 1312 tests do not simulate the conditions likely to be found within a waste rock disposal area. It is necessary to perform additional tests with a higher solid to liquid ratio, consistent with the necessity to produce enough equilibrated Ieachate solution for the range of chemical analyses required. This normally implies a liquid to solid ratio of about 2: I or greater. The batch leachability tests should be performed on a similar number of samples to that deemed appropriate for the waste classification tests. These tests should use a 2: 1 liquid to solid ratio or similar. simulating the likely leach conditions in an unsaturated waste rock dump. Other ratios such as 1:l and 4 : l should be used on a small number of test duplicates to allow assessment of any bias in the leaching engendered by the initial leaching ratio, and should reflect the anticipated leaching conditions at the proposed project site. All equilibrated leachates from the batch tests should be analyzed for the parameters prescribed for the TCLP tests, noted above, and a range of species which might either be anticipated from the waste rock mineralogy andor would be of value in understanding how the geochemistry of the waste rock may evolve over time. These parameters include pH, TDS, major ions and radionuclides (gross alpha, gross beta, natural uranium and radium 226). Should the leach data indicate that there are elevated levels of species of potential concern present, then the sample(s) so identified should be subject to Phase 6 kinetic tests. 7.2.1.5.2.2Static Acid Generation Potential Tests

The simplest means of establishing the potential for acid generation from waste rock is by determining the socalled acidhase account. The total capability of the waste rock to generate acid (acid generation potential, AGP, or maximum potential acidity, MPA) is determined from the sulfur value in the waste, and offset against the ability of the waste rock to neutralize any acid so formed, ( i e . , the acid neutralization potential, ANP). The ratio between the ANP and AGP values and the difference between the two values are measures of the net acid generating capabilities of the waste.


Smith and others (1992) describe the various ways that the AGP and ANP can be determined, and the different criteria used to decide whether a waste rock can be safely considered non-acid generating or whether kinetic tests are required. Acceptable methods and criteria vary from jurisdiction to jurisdiction. The project proponent should ensure, irrespective of the criteria set currently by the local jurisdiction, that the tests performed accurately predict the long-term behavior of their waste rock. The potential for a waste to prcduce acid in the long term may represent one of the most significant liabilities that a proponent may face with a project. Based on experience, the current and proposed regulations in California, and the trend of regulations in the USA, a proponent should consider using a conservative 3: 1 ANP/AGP ratio for determining, without further testing, that a waste rock will not be acid generating in the long term. Samples which have lower ANP/ACP ratios may not be acid generating; they merely require kinetic tests to establish their long-term behavior. With respect to test protocols for determining sulfurlsulfide levels and ANP, the stability of the sulfides, the variability in the type of sulfides in the waste, and the likely age of the core that will be sampled to represent the waste must be carefully considered. Firstly, if the sulfides are reactive, exposure to the atmosphere may allow rapid oxidation of the sulfide to produce sulfate; this may happen in drill core that has been stored for some time. If the waste rock is tested only for sulfides and not total sulfur, the mass of sulfides will be underestimated. Using the residual sulfide number to calculate the AGP will result in an unrealistically low estimate of the AGP because the sulfide formed from the sulfide oxidation will not report to the analysis. Secondly, if there are sulfides present other than iron sulfides. (such as marcasite, some forms of pyrite and pyrrhotite), which are less easily oxidized in some of the analytical protocols used, their sulfur values will not report in the sulfide analysis. However, these sulfides may still be oxidizable in the waste, due to oxidation by ferric iron in the acid conditions generated by the initial pyrite oxidation process. All sulfide-bearing species in the waste must be taken into account in determining the AGP. It is not unusual for some of the drill core that must be used for testing to be already oxidized; this should be established, prior to finalizing the work program. For these reasons, and in absence of data to the contrary, it is generally more technically rigorous and defensible to use total sulfur values as the basis for calculating the waste rock AGP. The static acid generation testing program should estimate the total sulfur concentration in all of the sampIes selected for testing using the LECO furnace method. The total sulfur value is converted to the AGP

291

assuming stoichiometry in the acid producing reactions of sulfides and neutralization with calcium carbonate. The total sulfur value is multiplied by a factor of 3 1.25 and expressed as tons of calcium carbonate equivalent per kiloton of waste rock, TCaC03lKT. (The object of such a conversion is to express both AGP and ANP in the same units so that their values may be compared directly.) The program should also estimate the ANP. by the method of Sobek et al. (19781, or a similar standard method, (i.e., titration with acid and back titration with an alkali). ANP values are expressed as TCaC03KT. Using the above AGP and ANP values, the ANPlAGP ratio is determined. Where the ANPlAGP ratio exceeds 3: 1, samples are deemed non-acid generating and do not require kinetic testing. Some jurisdictions require a "whole rock" analysis of all components of the waste, usually determined by Xray fluorescence (XRF), in addition to the tests outlined above. This requirement i s predicated on the belief that if a species is present in the waste that it will leach from the waste. However, this is often incorrect and much time and money is wasted analyzing leachates for much of the periodic table based on an XRF analyses of the original waste material. Should an XRF or similar analysis be r e q u d , the effort in providing this data is not great. However, it should be clear, prior to performing these analyses, that mere presence of a species in the waste rock does not constitute mobility. Analysis of leachates from subsequent testing should be only for parameters that have some chance of being hydrogeochemically mobile within the leach environment being simulated.

7.2.1.5.3 Long-Term Kinetic Testing The Phase 5 static tests can be viewed as a screening tool to identify those samples whose properties of leachability or acid generation potential are either benign or non controversial. This is because the test methods are conservative and will overestimate the seventy of field conditions. Exclusion of waste rock samples from Phase 6 kinetic tests using the results and conclusions from Phase 5 static tests are unlikely to be challenged by informed parties. The Phase 6 long-term kinetic test focus on understanding the geochemical behavior of the waste rock materials identified by the Phase 5 static tests as being potentially acid generating, the source of potential metals-bearing leachate, or which may present a potential waste handling problem. The test protocols used in Phase 6 consider the time dependency and reaction kinetics of the waste, and thus produce results which can simulate the field conditions better than the Phasc 5 static tests. However, even the Phase 6 tests are far from perfect in predicting waste characteristics, and must be interpreted carefully and thoughtfully. Phase 6 tests may include kinetic column test

292

CHAPTER 7

leaching of waste rock to examine chemical species concentration and loads which might emanate from the waste with time; kinetic AGP tests using either column or humidity cells; and trial columns, waste rock piles or test pads in the field. The number and duration of the Phase 6 tests are determined almost entirely by the numbers of samples excluded from further testing by the Phase 5 static tests work and the similarities in the results from Phase 4. (i.e., i t may not he necessary to subject all samples that did not pass Phase 5 screening to Phase 6 testing). B d on previous experience, about 20% of the samples may require testing beyond Phase 5 static tests, although the actual number of samples that are tested is site specific. For purposes of assessing the extent of a program required, the 20% figure might serve as a guide. However, in very reactive sulfide-bearing waste rock, many kinetic humidity cell tests may be required to clarify the results of the static AGP tests. 7.2.1.5.3.1 Column Leach Tests

The purpose of a column test is to gain some understanding of the way the concentration of species leached from the waste rock varies with time. The data allows calibration of species release loads from the waste rock, and hence prediction of impacts to ground water and/or surface water quality with time. The column test allows some better representation of particle size for the waste as compared with the small particle size of material normally required for the static tests. The maximum particle size which can be used is restricted to about 15% of the column diameter to prevent the effect of fluid channeling in the column, thereby negating the test. Therefore, the bigger the column used, both in diameter and height, the more representative the data will be of the actual waste rock disposal facility. Column leach tests should be performed on waste rock materials representative of the range of waste rocks which were not screened out by the Phase 5 static tests. The waste rock is packed in the columns at appropriate field density and leached with simulated rainwater at a rate commensurate with, but not as low as, prescribed field infiltration into the waste. The leachate discharged from the bottom of the column is collected at intervals equivalent to each pore volume of the waste. (A pore volume can be calculated from the mass and density of waste in the column and the volume of the column occupied by the waste.) Only specific pore volumes of leachate are subject to analysis. Usually volumes 1, 3 and 5 are analyzed, but the requirements for analysis are determined by how the materials leach and how the waste rock behaved in the static tests. The leachates are analyzed only for those species which had elevated levels in the leachates generated during Phase 5 tests, or those parameters arc

usually r e q d for hydrogeochemical interpretation purposes (e.g. pH and alkalinity). 7.2.1.5.3.2 Kinetic Acid Generation Potential Testing

There are three common ways to do kinetic AGP tests, as described by Coaslech Inc. [1989): pilot waste heaps constructed in the field; air flushed column tests; and humidity cell tests. The cost of these tests and thc s k of these tests are inversely proportional to the number of tests that are normally performed. Accordingly, if many kinetic AGP tesls are anticipated to be necessary, then humidity cell tests are probably the best option despite possible criticisms that can be leveled at the protocol, particularly with respect to particle size and the fact that skilled interpretation of the results of the tests is required. The humidity cell test places the waste rock in an environment conducive to air oxidation of sulfides. should the sulfides be reactive. The tests involve alternately passing moist air and dry air through the sample for periods of three days, and keeping the cells at 65 degrees F, which is likely higher than the average waste dump internal temperature in the field. These conditions enhance the oxidation process. After six days of oxidation, the waste rock in the humidity cell is leached with water and the leachate is analyzed for chemical species indicative of sulfide oxidation and acid neutralization ability. These are normally pH, conductivity, acidity, alkalinity, sulfate and iron. The rate of production of these species over time, and their concentration variations can be interpreted to chart the nature of the acid generation and neutralization processes in the waste rock. The humidity cell tests are normally run for a minimum of twelve weeks, but often require an extended test period in the cases of marginal waste samples. It is likely, based on previous experience, that about 20% to % of the original test samples will require humidity cell tests, but this will be project specific and is based on the initial sulfide and ANP data from the Phase 4 static AGP tests. All of the kinetic tests require minimum run times of twelve weeks and probahly over fifteen weeks in many cases. Tests will be terminated when the pH value in the cell leachate falls below pH 3.5 (i.e. potentially &id generating) or when the sulfate production rate is below 10 ppm for two consecutive weeks, with no iron or acidity found in the leachates, (i.e. non acid gcnerating). In addition to predicting AGP, humidity cell tests can be usefu1 in gaining information about leachability from waste rock samples over time, with little incremental cost. Accordingly, it is suggested that leachates from the cells at weeks 1, 5 , 10, 15 etc.. be subject to an ICP scan to determine variation in the leachability of common major and trace cations. The differences between cell flush rates and field conditions in terms of

ENVIRONMENTAL PERMITTING infiltration into waste rock must be considered in interpreting these results.

7.2.1.6 Application to Waste Facilities Design The geochemical properties and behavior of a waste impact the design of a waste facility in two different ways. They define the need to contain or control the waste to either prevent adverse geochemical reactions or to prevent egress of the products of such reactions to the environment. They also define the effect of the chemical properties of the waste or waste reaction products on the physical performance of the design elements in the waste facility. In this respect, there are five major areas where the geochemistry of the waste material can have a potentially significant impact on waste facility design, (Smith, 1984). These five areas are: 1.

The requirements for engineering drainage and runoff control or surface covers to prevent ingress of either water or oxygen to control acid generation, leaching and mobilization of potential contaminants.

2.

The interception and collection of seepage to prevent the potential for surface water and groundwater contamination.

3.

The potential chemical attack on the natural materials used in construction of the facility, leading to changes in their geotechnical properties.

4.

The potential for chemical precipitation in the waste facility drainage system, where present, which can lead to impairment in the operation of the drainage system and potential physical stability problems with the waste facility.

5.

The potential for chemical attack on concrete structures used in the construction of the waste facility.

The nature and effects of the latter four of these potential concerns in the engineering design of waste facilities are discussed in more detail by Smith, (1984).

7.2.2 GEOTECHNICAL CHARACTERIZATION by D. J. A. Van Zyl

293

permitting purposes is a very important activity that is typically performed in stages. In the broadest sense "geotechnical characterization" refers to obtaining information about the behavior of site and borrow geological materials under various "loading" conditions which will be imposed on them. All mining structures are constructed on geologic materials and most are constructed with geologic materials, either processed or non-processed. The "loadings" which can be imposed on the geologic materials include physical loadings, such as an embankment or structure on foundation materials; physical "unloading", such as the excavation of cuts including open pit mines; and pressures exerted by liquids, such as groundwater or tailings liquid stored in a tailings impoundment. The geotechnical site characterization must develop a complete picture of the site conditions and the materials proposed as construction materials. Geotechnical site characterization is normally performed in a four-phase approach: Reconnaissance investigations during prefeasibility studies; Preliminary investigations during feasibility studies; Site investigations during final design; Confirmation anrl adjustments, as necessary, during construction Reconnaissance investigations provide the first cursory look to identify the big picture, preliminary investigations identify the existence of fatal flaws, whde final investigations provide information to develop final design drawings and specifications. It is often necessary to confirm the design specifications during construction through careful geotechnical observations. The level of detail required in perfoming geotechnical characterization is dependent on the complexity of the site as well as the regulatory requirements with respect to a permitting design. Some states, for example Idaho, require that a final design with construction drawings be submitted for environmental permitting purposes. Other states will accept a more conceptual design. The underlying principal is, however, that sufficient characterization must be performed so that no fatal flaws remain which could make the design undefendable. The two major areas where geotechnical characterization is necessary are waste characterization and site characterization. These two topics are discussed below. It must be noted that mine design (open pit and underground) require extensive geotechnical information. However, the design of these facilities do not typically require environmental permitting. Geotechnical characterization for their design is therefore not considered in this section.

7.2.2.2 Geotechnical Characteristics of Waste 7.2.2.1 Introduction Geotechnical characterization of a mine site for

The exploration drilling for a new orebody concentrates on geological information with respect to the

294

CHAPTER 7

Table 1 Typical Atterberg Limits and Specific Gravity Location

Specific Gravity

Llquid Limit

(%I

Plasticity Index (%I

Source

Specific Gravity and Plasticity of Fine Coal Refuse Eastern US 1.5-1.8 35-50 0-13 1.4-1.8 Western US Buffalo Creek, WV 1.4-1.6 20-40 2-12 Great Britain 1.7-2.4 30-60 3-30

Busch, et al., 1975 Backer, et al., 1977 Wahler, 1973 Wimpey, 1972

Specific Gravity of Lead-Zinc Tailings 2.8-3.4 Idaho 2.9 Idaho 2.9-3.0 3.3-3.6 Colorado

Soderberg & Busch, 1977 Kealy & Busch, 1971 Mabes et al., 1977 Vick, 1983

__

Plasflclty of Copper SIimes Tailings Western US 40 (avg) British Columbia 0-30

mineralization. Exploration geologists are concerned with gathering geological information and are usually not aware of the geotechnical information which could be gathered at this stage or their budgets do not allow for such information to be gathered. By ignoring the site geotechnical conditions during exploration drilling, large volumes of potentially useful data are not collected and this aspect can increase the overall mine development costs. Typical data which can be collected during exploration drilling includes hardness of the rock, rock quality designation (RQD), joint spacing, depth a d characteristics of overburden (weathered or transported soil) and groundwater presence and quality information. The information related to rock hardness and joint spacing can often be directly used to develop feasibility level pit slope designs, estimate the size distribution of blasted rock materials and therefore may also be an indicator of potential power consumption during crushing and grinding. Mineralogical information, specifically, the relative amounts of suIfides in the vicinity of the orebody is also very important information as it determines the acid generating potential of the materials. This issue is described in more detail in section 7.2.1. Some materials tend to slake when exposed to the atmosphere and the rate of such slaking and other observations made during exploration can be very important in estimating the geotechnical behavior of such materials in the long-term. Only small samples are available during the exploration phase. Even if specific geotechnical holes are drilled to obtain information for pit slope design, small amounts of rock core are available for testing. The other

__

13 Iavg) 0-11

Volpe, 1979 Mittal& Morgenstern, 1976

concern is that poor information may be available on the spatial variability of the geotechnical materials in the orebody if only selected coreholes are drilled. In order to obtain information on the shear strength of waste rock pmduced from the pit, point load testing can be successfully used. The results of the point load testing can be evaluated to obtain curvilinear Mohr strength envelopes. The procedure described by Hoek and Bray (1981) can be used to derive the equation for the curvilinear envelope. Tailings samples are typically available from pilot scale metallurgical testing. Such testing is very often done at the bench scale and laboratory equipment is used for crushing and grinding. These materials may not be an exact replication of the final tailings produced during operations but testing performed on these materials as well as published information and experience from other mines can be used to derive design parameters. The parameters which must be measured include grain size distribution, consolidation characteristics and shear strength parameters. Waste materials are often available near the surface at existing mines. Sampling and testing of such materials can be used as a supplement to information obtained from selected samples from a new orebody. The design engineer must often use published data in combination with test results from small samples to select design parameters. A number of summary tabIes have been published which can be used as a basis for design. Specific tables have been presented by Vick, (1983) and VoIpe, (1979). Tables 1 to 9 present summaries of some typical values. Empirical


Table 2 Typical In-Place Densities and Void Ratios Tailings Material Fine Coal Refuse Eastern US Western US Great Britain

Specific Gravity

e

1.5-1.8 1.4-1.6 i.6-2.1

0.8-1.1 0.6-1.O 0.5-1.0

45-55 45-70 55-85

0.9 6 10

--

d

(Pcf)

Source

Busch et al., 1975 Backer et al., 1977

Wimpey, 1972

Oil Sands

Sands Slimes

Mittal and Hardy, 1977 Mittal and Hardy, 1977

87

Lead-zinc Slimes

2.9-3.02.6-2.9 0.6-1.00.8- 95113 80-

Gold-silver Slimes Molybdenum Sands Copper Sands Slimes

Mabes et al., 1977 Kealy et al., 1974

103

1.1 _*

1 .l-1.2

2.7-2.8

0.7-0.9

92-99

Nelson et al., 1977

2-8-23

0.6-0.8 0.9-1.4

93-110 70.90

Volpe, 1979 Volpe, 1979

110

Guerra, 1973 Klohn, 1979a Guerra, 1979

2.6-2.8

Blight and Steffen, 1979

_"

Taconite Sands Slimes

3 3.1 3.1-3.3

0.7

Phosphate Slimes Gypsum

2.5-2.8 2.4

11 0.7-1.5

14 60-90

Bromwell and Raden, 1979 Vick, 1977

Bauxite Slimes

2.8-3.3

8

20

Samogyi and Gray, 1979

2-4-2.5

0.7 1.2

92 68

Vick, 1983 Vick, 1983

Trona Sands Slimes

1.1 0.9-1.2 92 97-105

2.4-2.5

Table 3 Minimum and Maximum Densities of Sand Tailings _____~_______________

d d mln ( P C ~ ) 75-96

85-99

______

d .i mar (PW 99112 105-129

~~

~~

e mar

e mln

0.72-1.23 0.99-1.32

0.51-0.68 0.51-0.67

Reference Mittal and Morgensfern, 1975 Pettibone and Kealy, 1971

295

296

CHAPTER 7 Table 4 Average ln-Place Relative Density of Sand Tailings Material

Dr (%) Reference

Tar sands Molybdenum sands Cycloned copper sands Cycloned copper sands Cycloned copper sands Cycloned lead-zinc sands Lead-zinc sands Copper sands

30-50 31-55 33-54 45-68

10-55 30 17-43

37-60

Mittal and Hardy, 1977 Nelson et al., 1977 Klohn and Maartman, I973 Mittal and Morgenstern, 1977 Brawner, 1979 Sandic, 1979 Vick, 1983 Vick, 1983

Table 5 Typical Tailings Hydraulic Conductivity Material

Typical Hydraulic Conductivlty cmlsec

Clean, coarse, or cycloned sands with less than 15% fines Peripheral-discharged beach sands with up to 30% fines Nonplastic or low-plasticity slimes High-plasticity slimes

1x10.'

relationships can also be used to derive some geotechnical parameters, for example, the relationship between grain size distribution and saturated hydraulic conductivity (Mabes and WiIliams, 1977). When expansion of facilities are designed, monitoring results from existing facilities can be used to back analyze design parameters for new facilities.

7.2.2.3 Site Geotechnical Characteristics Much has been written in the geotechnical literature about geotechnical site investigation procedures and detailed approaches. A recent publication which provides a good overview is Lowe and Zaccheo (199 1). A geotechnical site characterization must be performed with the design of the facility in mind. Although a reconnaissance level investigation can be done on a generic basis, preliminary and final investigations must he done for a specific design. The designer must prepare a conceptual design prior to embarking on geotechnical site characterization. I n principle, a site geotechnical characterization must start with the big picture (regional geology) and must narrow down to the site specific characteristics. Finally, the designer should develop a conceptual, threedimensional model of the site, so that the effects of increased or decreased loading can be evaluated. An understandmg of the regional geology and the geological history of a site is paramount to the

-Ix~O.~

1x104 - 5x10-4 1 ~ 1 0-. 5x10.' ~ 1x10"- l x l o - a

successful site geotechnical characterization. Understanding the geological setting of the site will also highlight potentials for geological hazards which may be present on-site. Geological hazards such as landslides, collapsing soils, active faults, etc. can be characterized through a knowledge of the site geological setting. It is therefore recommended that the design geotechnical engineer be supported by an engineering geologist in the overall site characterization. Geotechnical site investigation techniques range from geophysics to drilling and test pitting to insitu testing. Geophysical methods, a summary of which is presented in Table 10, are typically employed to obtain the depth of overburden or to evaluate in more detail other specific Issues. Drilling and sampling can be performed through coring or hollow stem augers with standard penetration testing or Shelby tube sampling. Table 11 presents some typical drilling methods employed for geotechnical characterization. Backhoe test pits are a cost effective method of site investigation. A large area can be investigated in a short period of time and undisturbed samples of materials can be obtained. It must be noted that shallow test pits, typically in the order of 9 to 20 feet, only provide information about the near surface materials. If high loads are to be imposed and there i s reason to believe that the materials will change with depth, then backhoe test pitting will not suffice as a sitc investigation method.


Table 6 Typical Values of Compression Index, Cc Stress Range Source (PSf)

Material

Initial Void Ratio e,

Compression Index C,

Taconite, fine tailings

0.37

0.19

500-20,000

Guerra, 1979

Copper slimes

1.3-1.5

0.20-0.27

20-20,000

Mittal and Morgenstern,l976

*-

0.28

--

Voipe, 1979

0.05 0.11

Mittal and Morgenstern, 1975 200-2,000 2,000-20,000

_*

0.09

-.

Volpe, 1979

Tar sands

1.0 (Dr= 0)

0.06

200-20,000

Mittal and Morgenstern, 1975

Molybdenum, beach sands

0.72-0.84

0.05-0.1 3

500-20,000

Nelson et al., 1977

Gold slimes

1.7

0.35

3,000-1 0,000


Lead-zinc slimes

0.7-1.2

0.1 0-0.25

1,000-12,000

Kealy et al., 1974

Fine coal refuse

0.6-1-0

0.06-0.27

__

Wirnpey, 1972

Phosphate slimes

>20

3

100-1,600

Sromwell and Raden, 1979

Bauxite slimes

1.6-1.8

o.z6-o.3am

1,000-20,000 Samogyi and Gray, 1977

Gypsum tailings

1.3

0.07" 0.28

500-5,000 5,000-20,000

~

Copper sands (cycloned)

1.10

(Dr= 0)

~

Vick, 1977

'Compressibility dependent on load duration

Table 7 Typical Values of Coefficient of Consolidation, c v Mat e r i a I

c , (cm*/sec)

Source

Copper beach sands Copper slimes Copper slimes

3.7 x lo-' 1.5 x 10" 1x103- 1x10''

Molybdenum beach sands Gold slimes Lead-zinc slimes Fine coal refuse Bauxite slimes PhosDhate slimes

1o2 6.3 x 10' I XI 0'2 - 1x i 0.4 3x10" - 1XI 0-2 1x103 - ~ X I O 2 x 104

Volpe, 1979 Volpe, 1979 Mittal and Morgenstern, 1976 Nelson et al., 1977 Blight and Steflen, 1979 Kealy et al., 1974 Wimpey, 1972 Somogyi and Gray, 1977 Bromwell and Raden, 1979

~

297

298

CHAPTER 7

Table 8 Typical Values of Drained Friction Angle (d e g ree 8 )

Material

Effectfve-Stress Source

Range (psf) Copper Sands

0-17,000 0-14,000

34 33-37

Mitial and Morgenstem,

1975

Slimes

33-37

0-14,000

Volpe, 1975 Volpe, 1975

Molybdenum beach sands

32-38

--

Nelson et al.. 1977

34.5-36.5 33.5-35 27-32

-. .. .-

Guerra, 1979 Guerra, 1979 Klohn, 1979a

Taconite Sands Slimes

Lead-zlnc-sl lver Sands Slimes

33.5-35 30-36

.*

..

McKee et al., 1979 McKee et al., 1979

Gold slimes

28-40.5

0-20,000


Flne coal refuse

22-39 22-35

0-6,000 0-25,000

Wimpey, 1972 Wimpey, 1972

Bauxite sllmes

42

0-4,000

Somogyi and Gray, 1977

Gypsum teillngs

32 ( = 500 psf)

0-10,000

Vick, 1977

Table 9 Typical Total-Stress Strength Parameters Initial Void Ratio

Total Friction Angle -r we91

Total Cohesion Ct (Qsf)

600-1,500

Material

80

Fine coal refuse Molybdenum sands Copper tailings, all types Copper beach sands Copper slimes

0.5-0.8 0.8

16-24 14 13-18

19-20 14 14-24 14

Lead-zinc slimes Bauxite slimes

0.7 0.6 0.9-1.3 1 .I 0.8-1.O

__

__

21 22

Source

aoo 0-2,000 700-900 1,300 0-400 0 0 100

Wahler, 1973 Vick, 1983 Volpe, 1979 Wahler, 1974 Wahler, 1974 Wahler, 1974 Vick, 1983 Vick, 1983 Somogyi and Gray,

1977

ENVIRONMENTAL PERMITTING Table 10 Geophysical Exploration Methods Category

299

After Hunt (1984)

Applications

Limitations

Surface seismic refraction Determine stratum depths and characteristic seismic velocities.

May be unreliable unless velocities increase with depth and bedrock surface is regular. Data are indirect and represent averages. Uphole, downhole, and Obtain velocities for particular strata; Data are indirect and represent averages, and crosshole surveys dynamic properties and rock-mass may be affected by mass characteristics. quality. Seismic reflection Not used on land for engineering Does not provide seismic velocities. studies. Useful offshore for Computations of depths to stratum changes continuous profiling. requires velocity data obtained by other means. Electrical resistivity Difficult to interpret and subject to wide Locate saltwater boundaries, clean granular and clay strata; rock variations. Does not provide engineering depth. properties. Gravimeters Detect major subsurface structures; Normally used only for cavity information for faults, domes, intrusions, cavities. engineering studies. Mineral prospecting and location of Magnetometer Normally not used in engineering studies. large igneous masses. Radar subsurface profiling Provides subsurface profile: used to Does not provide information at great depths or engineering properties. Shallow penetration. locate buried pipe, bedrock, boulders. Video-pulse radar Used to locate faults, caverns. voids, Same as for radar subsurface profiling. buried pipe, general rock structure.

Table 11 Drilling Methods for Geotechnical Investigation

From Hunt (1984)

Category

Applications

Limitations

Wash boring

Obtain soil samples primarily for identification and index testing.

Rotary drilling

Obtain samples of all types in soil or rock for identification and laboratory testing of index and engineering properties. Rapid drilling and disturbed sampling in soils with cohesion and greater than soft consistency. Normally sampling possible if hole remains open. Can penetrate soft rock. Similar to continuous flight but hollow-stem serves as casing permitting normal soil sampling with Standard Penetration Testing or Shelby Tubes. Usually used to drill water wells.

Slow procedure. Cannot penetrate strong soils or rock. Undisturbed sampling difficult. Requires relatively large and costly equipment. Soil samples and rock cores normally limited to 6 in. dia.

Continuous flight auger

Hollow-stem flight auger

Percussion drilling (cable tool) Hammer drilling

Good penetration in boulders and cobbles.

Wireline drilling

Fast and efficient for deep core drilling on land and offshore borings.

Hole collapses in soft soils, dry granular soils without cohesion, and many soils below groundwater level.

Cannot penetrate very strong soils, boulders, or rock.

Large cumbersome equipment. Normal sampling difficult. Large cumbersome equipment. Much soil disturbance results in samples of questionable quality. Equipment costly and no more efficient than normal rotary drilling for most land investigations.

300

CHAPTER 7

Table 12 Typical Testing Performed on Borrow Materials

Borrow Material Structural Fill

Typical Testing Performed

Coarse-grained {larger than 3 in.)

Particle size distribution, shear strength analysis (empirical relationship with point load strength) Particle size distribution, natural moisture content, Atterberg limits, compaction tests, shear strength analysis, compressibility, pinhole dispersion test

Fine-grained

Rock Fill

Particle size distribution, unconfined compressive strength, L.A. Abrasion test

Low Permeability Soil

Particle size distribution, compaction tests, natural moisture content, shear strength analysis, Atterberg limits, permeability

Drainage Materials

Particle size distribution, L.A. Abrasion test, permeability {only selected cases)

Table 13 Geosynthetics and their Applications

Category

Applications

Geotextiles Geomembranes Geonets Geogrids Geosynthetic clay liner Geocomposites

Cushions, filters and reinforcement Flow barrier to provide containment Drainage medium Reinforcement Flow barrier to provide containment Combination of the above materials and their applications

However, in most cases it is the site investigation method of choice for heap leach facilities and potentially tailings impoundments and waste rock dumps. In the latter case, the information should be enhanced through targeted drilling. Borrow source investigation must be carried out as soon as the conceptual design is developed and estimates are available of the types and quantities of materials which are necessary for construction of the mining facility. Borrow materials typically include materials for embankment construction (waste rock can be used if it is suitable), liner construction (bentonite or other amendment evaluations must often be considered), and drainage layers. Table 12 lists typical tests performed on different types of borrow materials.

geomembrane clay liner interface shear strength, to allow detailed specification of geosynthetics. Table 1 3 provides summary of geosynthetics and their appiications. A more complete discussion of geomembranes is presented in Chapter 8. As part of the geotechnical site characterization it is necessary to evaluate those material characteristics which may affect the selection of appropriate geosynthetic materials. The interested reader should refer to Koerner (1986) for further information.

7.2.2.4

7.2.3.1

Geosynthetics

The use of geosynthetics have increased in mining projects. K m e r (1986) provides a thorough treatment of geosynthetics and their uses in earthworks projects.

As part of the geotechnical site characterization it is important to obtain sufficient information, for example

7.2.3 HYDROGEOLOGICAL CHARACTERIZATION by A. Brown

Introduction

The hydrogeologic setting of mineral projects includes those aspects which have an impact on the quantity and quality of ground water. This setting is greatly dependent on the nature of the mineral being developed. Fundamentally, hydrogeologic settings may be

ENVIRONMENTAL PERMITTING characterized in reference to the degree and style of heterogeneity or homogeneity which is associated with the setting. Three generic types of hydrogeological systems can be defined, with real settings generally containing elements of each type:

Homogeneous hydrogeology, in which resistance to water flow is about equal in all directions. This condition is found in extensive granular materials (for example eolian sands), and is also approached in highly fractured massive rock materials (for example in some quartz porphyries). Tabular hydrogeology, in which resistance to flow is much greater in one direction (across the tabular elements) than in the other directions (along the tabular elements). This condition is found in systems where there is layering of the geological material (for example in coal deposits and volcanic flow systems). Heterogeneous hydrogeology, in which there gross variations in resistance to flow at a scale which is significant with respect to the scale of the orebody. The approach to characterization of each of these settings is different, and will be noted as appropriate in the remainder of this section.

7.2.3.2 Exploration Phase 7.2.3.2.1 Objective During the exploration phase, the principal environmental hydrogeologic characterization task is to determine whether the project can be permitted from the ground water point of view. In particular, it is essential to identify whether or not the project is located in a critical ground water system, where project-induced ground water modification has a high probability of creating environmental impacts that cannot be mitigated economically during or after operations.

301

Site. The site conditions are a critically important element in the development of a conceptual model for ground water flow at a mining site. Conditions that are important are meteorology (precipitation, evaporation, temperature, wind behavior), topography (slope, aspect, drainage), past and present land use, vegetation, and soil conditions. Geology. The geological system determines the ground water flow system. As a result, information on the regional and local geology of the system is critical to the successful characterization of the ground water flow system. It should be noted that the ground water system cannot be defined by reference to the geology alone, no matter how diligently this information is collected. Indeed, many dissimilar geological systems behave in similar hydrogeological ways, and many similar geological systems behave in very different ways. The geological information that is required for ground water definition purposes includes: Location and nature of geological units. Location and nature of structural features. Direction and intensity of fracturing of rock units. Sulface water. The flow of surface water, and the location

of bodies of standing surface water (wetlands, lakes, swamps) are an important initial condition for mining environmental ground water evaluations. Surface water conditions reflect ground water conditions, and surface water is also an important input to, and output from, ground water systems. Useful information includes flow in streams, and water gaidloss from streams, lakes, and wetlands. Ground water. At the time of exploration. ground water data is generally available from existing wells and other public data sources. Useful information includes water levels, flow rates, and possibly hydraulic conductivity from existing wells in the area, and the locations of springs and seeps (which indicate the locations of points where the ground water table is locally at the ground surface). In addition, mineral exploration drilling offers a wide range of opportunities for collecting ground water data including:

7.2.3.2.2 Data Collection The ground water system is investigated in order to develop a conceptual model of the behavior of the ground water system in the project area and its environs. A conceptual model is a construct of the ground water flow and solute transport system which allows evaluation of the movement of water in the system with any boundary conditions. In general developing a conceptual model requires collecting and assembling information on the following topics:

Flow and quality data from reverse circulation drilling. Lost circulation information during drilling. Rock fracture information from coring. Packer test information taken during drilling in rock. Water level data taken during drilling. Further, after the drilling of exploration holes it can be advantageous to complete the holes as observation wells in the system. These completions allow more

303

CHAPTER 7

accurate measurement of water levels, and monitor the effect of ground water removal by drilling on nearby locations. It should be noted however, that completing exploration wells as observation wells may be restricted, or may have to comply with specific criteria such as drillers' licensing and well drilling and completion requirements. Some states also require plugging of all exploration holes immediately after drilling. Most states, particularly in the western U.S. require registration of any well which remains after exploration is complete. Ground water quality. Some information may be

available about ground water for the exploration phase evaluation. In general this information is obtained from existing ground water wells, springs, underground mine workings, or other points of access to the ground water. In addition, ground water quality samples may be available from return flow from reversecirculation drilling, or from completions made in exploratory dnll holes.

7.2.3.2.3 Integration and Analysis The information collected at this stage is assembled and a preliminary conceptual ground water model is developed far the site. This model is used as a framework to evaluate the extent to which ground water-related impacts will occur as a result of the project, in particular those which have the potential to prevent the project from being permitted. In the event that there is insufficient information for the exploration-level evaluation of the ground water system, this assembly will indicate where the data shortfalls occur. Data must then be collected to fill these data needs, using specific investigations. When the data is at hand, the evaluation is completed.

7.2.3.3

Development/Permitting

Phase

7.2.3.3.1 Requirements The development/permitting phase of the project requires more information and evaluation than the preliminary information that was adequate for determining the environmental feasibility of the project during the exploration stage. The characteristics of the mineral system are important in defining the approach to ground water information collection, and to the use of that information. The principal hydrogeology challenge in the developmentlpermitting stage of the project is assessing the expected and possible effects that the proposed development will have on the ground water system. These effects include: changes in the ground water flow system, possibly resulting in impacts on nearby wells, springs, and streams; and changes in water quality in the

ground water system, possibly resulting in contamination of aquifers near the mine facility and reduction in utility of the water in those aquifers.

7.2.3.3.2 Developing a Conceptual Model Developing an understanding of the ground water system for predicting the effects of the proposed project is a technically demanding exercise in any environment. Predicting the flow effects is less demanding than predicting the chemical effects. However, reliable prediction of both is necessary in demonstrating ;dequate environmental protection in permit applications. The process that is generally used to develop a prediction of the ground water effects of a mine development is as follows: 1) data are assembled on the ground water flow and transport system: 2) this data are used to develop a conceptual model of the site. A Conceptual model includes the important features of the ground water system associated with the mining project. These include the geometry of the hydrostratigraphic units of the system (that is the geological units in which ground water properties are similar); the parameters relating to ground water flow and transport in those units; and the boundary conditions of the model domain which are not changed by the proposed project. A conceptual model does not, in general, include heads, flows, or concentrations. These elements are important to the analysis of impact, but not part of the concept, as they can and are varied in the evaluation phase.

7.2.3.3.3 Creating the Analog An analog of the behavior of the ground water flow and chemistry at the site is created by quantifying the conceptual model. This is achieved by applying all the information that is available to the conceptual model. The process involves including in the model all that is known about the hydraulic conductivity, porosity, dispersivity, retardation, and other information that is required to describe the behavior of the ground water and the solutes which it transports. The d e m a n d s for information increase as the complexity of the hydrogeological environment increases. Homogeneous environments transport water, and any i n d u c e d contaminants, in a predictable fashion, downgradient from the point of introduction. Accordingly, the data needs for reliable prediction are a demonstration that the system is indeed reasonably homogeneous, and a knowledge of the parameters controlling flow and movement of contarninants in the system (hydraulic conductivity, porosity, dispersion, and retardation). Parameters are generally developed using standard test methods: field tests of hydrology, and laboratory tests of geochemical parameters. Experience

ENVIRONMENTAL PERMITTING indicates that predictions of impacts of future development on the ground water system in these circumstances are reasonably reliable: unfortunately such systems are quite rare at the scale of a mine development. Tabular systems transport water and contaminants preferentially along the plane of the layers making up the system. Because of this, it is critical to identify both the high and the low permeability features of the system. The low permeability features are often difficult to quantify, yet from an environmental point of view they are critical to determining the possible impacts of an operational facility. Leaky aquifer tests (Hantush and Jacob, 1955) and multi-point water level and water quality monitoring strategies are often required in evaluating tabular systems. Because transport is often in the plane of the tabular system, the need to evaluate the behavior of the ground water transport system across the beds (or interbeds) may be considerably reduced. Heterogeneous systems transport water and contaminants preferentially through the most permeable pathways available in the system. These pathways are inherently difficult to identify during the investigation phase, as they have relatively little impact on the head patterns observed in the ground water system. In order that the model of the ground water flow and transport in the system be realistic, a considerable amount of permeability and other parametric information is required. The information that is generally input is spot data, gathered from detailed investigation of the facility and its environs.

7.2.3.3.4 Calibrating the Analog Model In general, once the analog model has been developed, the evaluation proceeds to the calibration step. Calibration is a process that ensures that the analog of the system is adequately accurate for the purposes of predicting the outcomes of a variety of development scenarios. The process is described as follows:

Static calibration. This involves calibrating the flow and quality analog against the pre-mining condition (generally at steady state, or quasisteady state). Dynamic calibration. This involves calibrating the flow and quality analog against a perturbation of the system of similar magnitude to that expected to result from mining activities (such as a major infiltration event, a major chemical excursion, a pump test of the flow system, or a tracer test of the chemical system). 7.2.3.3.5 Calibrating the Flow Analog The flow analog is calibrated against a head and flow

303

condition for which information is available. If more than one head and flow dataset is available (for example data from prior years), then calibration against each condition is beneficial. The analog results are compared with the real results, and the parameters in the model art varied within their reasonable range (based on available test result) until the behavior of the simulation provides a reasonable tit with the real data. The resulting analog is said to be calibrated for flow. The analog is then calibrated for a perturbation similar to that expected in mining, by changing the boundary conditions, applying the parameters measured to the conceptual model, and using the model to predict the current (or a known set of) ground water head measurements. In some cases such perturbations are not available, in which case this step must be omitted. However, many perturbations exist or can be created in most projects. For instance, a dramatic change in infiltration due to a major rainfall, snowmelt, or infiltration event can provide a useful test of the hydraulic response of the system to inputs. In particular, such global changes in conditions can provide an excellent basis for calibrating the analog for predicting the effects of the large perturbations that are generally caused by mining. Also, large-scale monitoring of (for example) mine dewatering may create a sufficiently large perturbation that the analog of the system can be calibrated against that change. In the case of underground mining, it is often decided to create a test underground opening, for a bulk sample or other purposes. Such an opening, if below the water table, can provide an excellent perturbation of the ground water system for the purposes of calibrating a flow analog, and also for the purposes of providing a near-full scale example of what ground water impacts the actual mine will induce. A pumping test is the classical method of determining the hydraulic parameters of a ground water system (Walton, 1970). The utility of these tests varies depending on the kind of system being evaluated:

Homogeneous systems. Pumping tests should be capable of defining the characteristics of the system, providing that the departure from ideal behavior due to the probable partial penetration of the system is allowed for. The test results should be typical of the system, if it is indeed relatively homogeneous. Tubular systems. Pumping tests are ideal for these systems, as the analytical approaches to interpreting the results were developed for tabular aquifers, With appropriate well completion and monitoring locations, both the major permeability (generally along the bedding) and the minor permeability (generally

normal to the bedding) can be ascertained in the same test.

Heterogeneous systems. Pumping tests can be used in heterogeneous systems to identify effective hydraulic conductivity and storage characteristics of the rockmass. Due to the variability of the flow system that they m interrogating, multiple piezometers are advisable in these systems, and generally speaking computer simulation analysis is required to interpret the results.

excursion (often hannless) to act as a surrogate tracer test. This is particularly true of any significant contaminant plume identified to be leaving the property: it can be treated as a tracer test, and analyzed to provide important pathway identification and parameter quantification for the site. Other, non-mining related markers can also be used for tracer tests in c e m n circumstances (for example nitrate from fertilizers, tritium from bomb-test faallout, sulfate from airborne emissions from power stations and smelters, and salt from road salting).

7.2.3.3.7 Evaluating Project Impacts 7.2.3.3.6 Calibrating the Geochemical Analog The chemical transport analog is calibrated in a similar fashion by applying the measured geochemical parameters to the simulation model, and comparing the results predicted by the analog to the known geochemical system. If the geochemicaI system is large, it is possible that the evolution of the chemical concentrations in the ground water system will allow calibration of the geochemical portions of the analog. In this case, the analog is calibrated against the pre-development site geochemistry. However, for most mining situations, such calibration is not definitive. As a result, geochemical calibration is either omitted (which reduces the reliability of the analog predictions), or is performed using a perturbation of the geochemical system. Such geochemical perturbations can be identified or created by isotopic testing, in which the abundance of the isotopes of water and other species is evaluated in order to distinguish between waters of different origins, or tracer testing, in which a marker is placed in the ground water system, and the ground water in the surrounding area is monitored to identify the passage of the marker (Davis and others, 1985). For large ground water systems, however, the time needed to perform such tests may be prohibitive, and the track record of tracer testing has not been particularly high in determining the real behavior of the systems tested. Isotopic testing is often a particularly powerful method of identifying genesis of water. In particular, the isotopic abundances of the oxygen and hydrogen making up the water often allow definition of the rate of movement of water through the ground water system (in particular tritium analyses), and of the history o f the flow of water through the system, from infiltration point to current position (in particular deuterium and oxygen18 isotope analyses) (Freeze and Cherry, 1979; Mazor, 1991). T m r tests are difficult and expensive to conduct at the scale of mine projects. In existing projects, it is sometimes possible to use the result of a chemical

Once a Calibrated analog of the ground water flow and chemical transport system has been developed, the effects of the proposed development can be evaluated. This process requires two steps. First, the boundary condition changes associated with the proposed development are determined. These changes include changes in infiltration (flow and concentration), injection, extraction, permeability, porosity, geometry, retardation, and dispersivity. Then, the results of these changes in boundary conditions are evaluated using the analog of the system. This is a relatively straightforward portion of the evaluation. A wide range of scenarios can be evaluated quickly, and the analog becomes a useful environmental and economic planning tool. The results of the impacts that may be expected can be used to design the project elements, for example by evaIuating the results of different mining and miIIing strategies on the ground water flow and quality regime, and then comparing these results with allowable changes in these regimes. In addition, the economic impact of a range of decisions about mining and milling practices can be evaluated by obtaining a quantitative assessment of the impacts of those decisions on the ground water system, and the cost of dealing with these impacts. 7.2.4 MINIMIZING PROBLEMATIC

PROCESS WASTES by G . E. McCleIland and L. J . Buter 7.2.4.1.

Overview

Metallurgical testing during the development stage of an ore deposit will provide data necessary to evaluate the economic recovery of the valuable metals or minerals. Concurrent testing can also provide data useful for planning and estimating the cost to close and reclaim the project area to current standards. Since cost for closure and reclamation can be significant, alternative processing options must be evaluated to select the economic optimum processing sequence for recovery of the valuable mineral and mitigation of potential

ENVIRONMENTAL PERMITTING environmental impacts. Head ore must be characterized early on to identify constituents which may become hazardous if not removed or stabilized during processing. Samples generated during metallurgical testing phases are used to predict recovery efficiency and to identify constituents which may be problematic as process and mine wastes. Combined characterization data will be useful in selecting the most economic overall process when closure and reclamation cost estimates are included. Initial processing costs may be high, but if long-term environmental problems are mitigated, overall project costs will be minimized. This section is designed to provide conceptual considerations for process seIection with closure and reclamation in mind. Conceptual considerations are generally related to the precious metals industry with some application to other processing industries. 7.2.4.2 Introduction

In many states, current environmental regulations require that closure and reclamation plans be submitted with the operaling plan b e h e a permit to operate will be issued. This requirement makes it necessary to develop process waste and mine waste characterization data early in the metallurgical development phase of a mineral projcct. Potentially hazardous constituents in head ore, mine waste, process waste, and wastewater must be identified to enable the selection of a processing sequence which is economically optimum for mineral recovery and project closure. Closure and reclamation costs can add significantly to the costs of a project. Because most of these costs are incurred near the end of the project life, they do not have a major impact on the net present value calculation for the projccl during the feasibility phase. They are, however, real and are necessary to prevent long-term impacts to the environment. A well designed metallurgical testing program will provide necessary data for sound process selection. cost estimating, production, and closure/reclamation decisions. With the proper selection of a processing sequence, some potential longterm environmental impacts may be mitigated during the mineral production life of the project. A conceptual approach for metallurgical characterization during the project development phase is summarized as follows: Optimize processing conditions and sequence for economic recovery of the valuable metal or mineral. Characterize head ore, mine waste, process waste streams, and wastewater streams to identify potentially hazardous constituents.

365

Re-optimize processing conditions and unit operations to help mitigate potential long-term impact on the environment by recovering or stabilizing hazardous constituents during processing. Translate all data to local climatic and site specific conditions. Re-estimate all processing, mitigation, closure and reclamation costs. Select the best processing sequence for economic metal or mineral recovery which minimizes long-term impacts to the environment. This conceptual approach for metallurgical characterization can be applied to precious metals and many other commodities. The following sections of this paper provide conceptual considerations for recovery of valuable metals or minerals and mitigation of environmental impacts using conventional commercial proccsses.

7.2.4.3 Commercial Processing Concurrent metallurgical and waste characterization testing will help select the most economical overall processing sequence for a mineral deposit. Processing sequences (flow sheets) which can bc evaluated range from the very simple to the very complex depending on the mineral or metal and contaminant occurrence. In general, a very complex flow sheet will be more capital and operating cost intensive bccause each unit operation will add to the overall cost of-thc project. 7.2.4.3.1 Direct Shipping Ore

The apparent least costly process for an ore deposit would be mining and direct shipping of the ore. An example would be a sand or gravel mineral deposit. Metallurgical characterization would be required to insure product specifications can be met by conventional mining andlor crushing and screening procedures. The product must be characterized to provide information for shipping classification and precautions as required. Mine waste rock must be characterized for long-term storage to minimize wind and surface erosion, and the potential to mobilize metals and produce acid. Methods for storage of mine waste should be selected based on local climatic and site specific conditions.

7.2.4.3.2 Simple

Upgrading

Many ore deposits require some simple form of

306

CHAPTER 7

concentration or upgrading before product shipment. As with direct shipping ores, the product to be shipped must be characterized to provide information to insure product specifications are met, and to identify any hazardous constituents which require categorization for transportation. The receiver of the product will also require this information for use in his processing sequence. Mine and beneficiation wastes will have to be characterized to select the proper disposal or long-term storage method. Example commodities or products may include barite, talc, and limestone. Another rather simple upgrading unit operation is a wet or dry screening process where the commodity can be upgraded by particle size separation. The screening process would produce a concentrated product for shipment and a screen reject material. The dry screening process will have to be evaluated and characterized with respect to particulate emission during screening and wind and surface erosion of impounded screened reject. Mitigation of unacceptable air quality impacts will have to be accomplished with the design of the process and the dry impoundment. For the wet screening process, screened fines or slimes rejects will require impoundment if they cannot be sold or utilized in another process. Metallurgical characterization, using the conceptual approach summarized earlier, will help determine if a wet or dry screening process should be selected for the operation. Potential for metals mobility and acid production from mine waste rock will have to be characterzed and applied to site specific conditions. Examples of deposits suitable for this processing sequence may include crushed rock, decorator rock, phosphate rock. 7.2.4.3.3 Physical Beneficiation

Gravity separation is a commonly applied simple unit operation for separating minerals or metals of different specific gravity. Gravity beneficiation techniques employ mechanical means and water to upgrade the valuable mineral to a product which may be shipped or processed on site for mineral recovery. Size reduction by conventional crushing and grinding is usually required to liberate the mineral for recovery by gravity concentration methods. The crushing and grinding circuit will have to be designed and operated to comply with air quality emission standards. The gravity circuit, for a simple ore, may be operated efficiently without chemical addition to produce a concentrate product and a benign rougher tailing waste product. Tailings must be characterized before they are impounded to insure that potentially hazardous constituents are not present. If the rougher tailing contains unacceptable constituents, metallurgical reevaluation may be reqlllred to determine if the gravity processing sequence can be modified to recover those constituents in the gravity

concentrate rather than designing and constructing an expensive lined tailings impoundment facility. Modification of the processing sequence may decrease gravity concentration ratio and concentrate grade, which would affect the economics of metal recovery. Overall processing costs may, however, be less if an environmentally acceptable tailing can be stored in a less costly impoundment. Normal mine waste characterization studies will have to be conducted. A deposit containing free milling gold in an oxidized host rock would be amenable to simple gravity concentration methods. Heavy media separation is a processing technology suitable for beneficiation of ores with a large specific gravity difference between valuable and gangue minerals. The heavy media used for separation of the respective minerals must be of optimum specific gravity. Chemical and physical heavy media are used commercially, but chemical media are more common. Heavy media chemicals are usually toxic and require particuIar regenerationhecycle, characterization and disposal methods. Concentrate products, process waste, and waste solution must be treated for removal of toxic chemical before shipment or disposal. The heavy media separation process does not allow much sequence modification for mineral contaminant recovery because the system is dependent on close specific gravity control and strict concentrate product specifications. Process wastes ad mine wastes require characterization before on site storage or impoundment facilities can be effectively designed and constructed. Size reduction of the ore is usually required for efficient concentration by heavy media processing. Examples of ore deposits amenable to heavy media separation are coal and iron ore. Conventional oxide or sulfide flotation concentration technology is applicable to many types of mineral deposits. The flotation processing sequence is fairly simple, but because organic reagents are used to promote environmental recovery of valuable minerals, characterization is more complex than for other physical beneficiation technologies. Concentrate products, especially for sulfide mineral flotation, require additional processing for metal recovery and purification. Consequently, process waste streams and subsequent unit operation products and wastes must be characterized separately for potential hazardous constituents. The importance of concurrent metallurgical and waste characterization cannot be understated for flotation and other multi unit operation processing technologies to insure the best economical overail process is selected. For example, a higher grade ore which contains small "free milling" gold particles and gold associated with sulfide mineral grains is amenable to sulfide flotation techniques. A simple processing sequence for maximizing gold recovery would be: 1) float to produce a rougher concentrate and rougher tailing, 2) clean the


rougher concentrate to produce a high grade cleaner concentrate and a lower grade cleaner tailing, 3) direct smelt or re-grind and cyanide the cleaner concentrate to recover the gold, and 4) combine the cleaner and rougher tailings for subsequent cyanidation to recover residual gold values. This simple processing sequence may be economically feasible to maximize gold recovery, but may not be economic for containing and controlling potential contaminants in the many process waste streams. Process sequence modification may allow acceptable gold recovery into a larger volume of rougher concentrate and produce a very low-grade, benign rougher tailing which can be impounded without additional processing. Processing in this manner would decrease concentration ratio and concentrate grade, but would maximize gold and contaminant recovery into the concentrate. The “downside” is that a larger quantity of concentrate would have to be processed for gold recovery and no attempt is made to recover unfloated gold in the rougher tailing. The “upside” is that more hazardous contaminants would report to the rougher concentrate, and because of the relatively small quantity of concentrate, contaminants could be impounded andor stabilized economically. Also, the nearly benign rougher tailing may be impounded with substantially less capital cost and long-term monitoring requirements. Characterization of mine waste, process waste, and wastewater would be required regardless of the number of unit operations in the processing sequence. 7.2.4.3.4

Chemical Dissolution

Chemical leaching processes are used for dissolving valuable metals and minerals from whole ore and from various separation products generated by physical beneficiation processes. Oxidation may be required on the feed (ore or concentrate product) before chemical leaching techniques are effective for dissolution of the valuable commodity. Chemical leaching processes require specific reagents for dissolution of the valuable commodity. These reagents range from water to toxic organic solvents. The hazardous nature of each chemical reagent must be understood before use in the process and long-term storage or disposal when present in the final process waste or wastewater. Reagents selected for the process must provide economic dissolution of the valuable commodity, but also must be economically removed, neutralized or stabilized before long-term impoundment or storage with the process waste solids. Specific treatment of wastewater containing residual reagents may be required if contaminated liquids are stored or impounded separately from process waste solids.

307

Characterization of the process wastes contacted with reagents is in addition to characterization of mine waste and other process wastes where no chemical reagent was added. Common examples of chemical reagents are sulfuric acid for dissolution of copper oxide minerals a d sodium cyanide for dissolution of precious metals. Many higher grade ore deposits require a complex processing sequence to maximize recovery and minimize problematic wastes. The number of waste streams requiring characterization and environmentally sound storage and impoundment increases with the number of unit operations in the processing sequence. A sulfide mineral ore, for example, may require size reduction, concentration by gravity and/or flotation, oxidation pretreatment of the concentrates and subsequent chemical leaching for metals recovery, and separate chemical leaching for residual metals recovery from the gravity or flotation tailings. There are at least five process waste streams resulting from this processing sequence and each must be characterized and monitored separately for disposal. Ideally, each unit operation in the processing sequence is selected and designed to successively remove and stabilize hazardous constituents to enable each process waste stream to be contained or controlled in an environmentally sound manner at minimum cost. Size reduction must be accomplished with maximum economic efficiency and minimum particulate emission. The concentration circuit is operated to produce the best feasible concentration ratio and metal recovery to prcduce a relatively small feed weight percentage concentrate which also contains a high percentage of problematic sulfide contaminants. If direct smelting is not applicable, oxidative pretreatment of the concentrates (autoclaving, roasting) is performed to liberate the metal for subsequent chemical dissolution and to oxidize sulfide minerals which otherwise would promote metals mobility and acid production if stored or impounded for a long period. Off gases and other oxidation products from the oxidation pretreatment method selected must be characterized and controlled. The chemical leaching process for dissolution of metals from the oxidized concentrate is selected and designed to promote economic valuable metal recovery and dissolution and/or stabilization of oxidation products (metal oxides and sulfates) resulting in less problematic process waste for separate impoundment. The rougher tailing, nearly fiec of problematic constituents, is chemically leached for recovery of residual valuable metals. Leached rougher tailings will be characterized, neutralized, and impounded separately from other process streams. Separate impoundment provides an economic advantage because the final tailings represent the largest percentage of the feed weight, are the least problematic waste, and can be stored in a less costly impoundment. Mine waste wilI be characterized and stored separately from all process waste streams.

308

CHAPTER 7

7.2.4.3.5

Commercial Production Example

A western U.S. gold operation is discussed here as an example of a multi unit operation processing sequence which was selected based on concurrent metallurgical and environmental characterization. Where feasible, unit operations were selected to maximize economic precious metal recovery and minimize problematic wastes. The ore deposit contains mine waste, mill grade ore, and sub-mill grade ore. All three were characterized early in the metallurgical development phase to provide data for permitting, closure and reclamation planning, and for overall economic evaluation of the project. Mine waste was characterized separately by rock type to establish the potential to produce acid and the potential for metals mobilization by meteoric water. The mine waste storage area was selected and constructed according to the mine plan, local climatic conditions, and potential for seepage from the waste dump. Sub-mill grade ore is processed using heap leach cyanidation techniques. The leach pad and solution pond system were selected and constructed to insure containment of potentially hazardous constituents. High-grade ore is milled and processed using a multi unit operation processing sequence. Process waste streams are treated and impounded separately, as r e q d , to minimize cost and impact to the environment. Mine waste is characteflzed by rock type using accepted testing and analytical procedures on an ongoing basis. Waste is moved from the open pit according to the mine plan and is stacked in a waste dump. As much as possible, mine waste dumps are recontoured imj revegetated as mining occurs, to minimize infiltration and erosion. All mine waste dumps will be reclaimed by the end of the project life. Sub-mill grade ore is stacked into heaps constructed on a double linedeak detection pad system. Alkaline cyanide solution is applied to the surface of the heap and percolates through the ore, slowly dissolving the precious metals. Pregnant solution is collected in a lined pond. Pregnant solution from the pond is used as process water for the milling circuit. Dissolved precious metals are recovered from heap pregnant solutions during processing of the high-grade ore. Process waste (solids) and wastewater steams were characterized during the metallurgical testing phase to identify probIem areas and constituents, and to insure that the selected heap leach processing sequence would remove or stabilize the maximum number of contaminants during processing. It was decided during the testing phase to process heap leach pregnant solution in the milling circuit rather than constructing a complicated pond system, a separate carbon adsorption circuit, and a separate heap leach wastewater treatment facility. Neutralization rinsing, metals mobility, and acid generation potential tests were conducted on the heap

leach residues during the metallurgical testing phase to aid in the selection of the most effective and economic closure process for the solids. Leached heaps aw washed with water to remove residual cyanide compounds, dissolved metals, and to decrease wash effluent pH. Wash effluents are used in the milling circuit and a separate wastewater treatment facility is not required. The neutralized heap residue will be left on the liner system and will be recontoured and revegetated to minimize infiltration and surface erosion. Higher grade (mill grade} ore is processed through a multi-unit operation milling circuit. Mill grade ore is composed of c o m e metallic gold, fine gold associated with fine pyrite mineral grains, and a carbonate waste containing a naturally occurring organic component (preg-robbing) which adsorbs gold from the cyanide solution. The organic component must be maved from the are during processing, before cyanidation, to minimize gold loss to tailings. The milling circuit is composed of crushing, grinding, gravity concentration, flotation to remove the "preg-robbing" component, sulfide flotation to concentrate fine gold -;md sulfide minerals, and cyanidation of the flotation concentrate. Flotation tailings are not processed for precious metal recovery, and consequently, are a benign tailing for long-term storage. The high-grade ore is crushed and then milled to the desued feed size using a ball mill circuit. Ball mill discharge is fed to the gravity circuit for recovery of c o m e metallic gold and acid producing heavy sulfide minerals. Gravity concentrates, a very small percentage of the feed weight, are smelted directly to prcduce dor bullion. Smclter gases are scrubbed to remove hazardous contaminants. Gravity tailings are fed to a flotation circuit where the "preg-robbing" component is removed. The organic component concentrate is disposed of in the lined sulfide flotation tailings impoundment as a benign tailing component. Carbon (organic component) flotation tailings are fed to the sulfide flotation circuit for recovery of fine gold particles and gold associated with finegrained pyrite. Sulfide minerals, which increase potential for metals mobility and acid production, report to the flotation concentrates. Flotation concentrates represent a relativeIy small percentage of the ore feed weight, and contain a high percentage of problematic constituents. Consequently, recovery, treatment and impoundment of contaminants is less costly. The flotation tailing, a large percentage of the feed weight, is nearly free of problematic constituents and can be contained in a lined impoundment as a benign tailing. Sulfide flotation concentrates are reground to a very fine size and are processed in a carbon-in-pulp (CIP) cyanidation circuit for precious metal recovery. Loaded carbon from the CIP circuit is desorbed (stripped) to


recover the gold. Strip solution is pumped to an electrowinning circuit to produce cathode gold which is refined to produce dor bullion. Strip solution is recycled. Off gases from refining are scrubbed to remove potential contaminants. The CIP tailings slurry, by design, contains a low concentration of free cyanide. CIP tailings are impounded in a triple lined pond and clear solution (natural decantation) is recycled to the milling circuit. The triple lined impoundment is very small compared with the impoundment for storage of nearly benign flotation tailings. The impoundments were kept separate to minimize environmefital impacts and reclamation costs. The triple lined impoundment was designed to insure containment of hazardous constituents, and on closure, will be prepared to insure encapsulation, topsoil will be placed, and the impoundment area will be revegetated. Metallurgical testing and concurrent environmental characterization was done at several laboratories to develop this flow sheet which was the most cost effective for precious metal recovery and mitigation of problematic wastes. The number of unit operations in the processing sequence were costly but necessary to minimize long-term environmental impact and costs for closure and reclamation. 7.2.4.4

Exploration and development programs for minerals must take into consideration the problems that arise in securing permits. The permitting process is influenced Table 14 Risks to the Natural Ecology and Human Welfare Relativelv hiah-risk Droblems Stratospheric ozone depletion: Because releases of chlorofluorocarbons and other ozone-depleting gases are thinning the earth's stratospheric ozone layer, more ultraviolet radiation is reaching the earth's surface, thus stressing many kinds of organisms. Global climate change: Emissions of carbon dioxide, methane, and other greenhouse gases are altering the chemistry of the atmosphere, threatening to change the global climate. Habitat alteration and destruction: Humans are altering and destroying natural habitats in many places worldwide, by the draining and degradation of wetland, soil erosion, and deforestation of tropical and temperate rain forests. Species extinction and overall loss of biological diversity: Many human activities are causing species extinction and depletion and the overall loss of biological diversity, including the genetic diversity of surviving species.

Conclusion

Concurrent metallurgical process and environmental waste characterization during project development is very important for the mining industry to insure process selection for economic valuable mineral recovery and elimination andor containment of problematic wastes. Production decisions today must be based on overall project economics and not solely on economics of mineral recovery.

309

Relativelv medium-risk problems 0 0

0 0

Herbicidedpesticides Toxics, nutrients, biochemical oxygen demand, and turbidity in surface waters Acid deposition Airborne toxics

Relatively low-risk problems

7.3 DEFINING ENVIRONMENTAL CONDITIONS OF THE PROJECT SITE (BASELINE EVALUATION)

0

0 . i

7.3.1 PERMITTING RISKS AND PRE-EXISTING POTENTIAL LIABILITIES by B. Bailey 7.3.1.1 General The permitability and cost of permitting a proposed mining project depends on numerous factors ranging from the environmental setting to legal and political constraints. Permitting issues arise out of contemporary philosophies regarding the environment, perceived and real impacts to the environment, political preferences, and legislative mandates. Certainly, increased competition for scarce resources and the divergent opinions on how thcse resources should be used has complicated and extended the permitting process.

0

Oilspills Groundwater pollution Radio nuclides Acid runoff to surface waters Thermal pollution

(As prepared by the Science Advisory Board for the EPA, Sept. 1990)

by several general factors: 1) location of the project; 2) facility design; and 3) relationships with agencies and the public. These factors are related to risk. Managing these factors can help reduce risks in project development, and management of some of the factors is easier than others. Whereas there are not many options on the location of a mineral deposit, there is some flexibility in the approach that can be taken in facility design and in working with the agencies and the public.

7.3.1.2 Environmental Risks The definition of environmental risk is subjective, but could be considered as threats to the natural environment or activities that adversely change the natural environment. The Science Advisory Board (SAB) to the Environmental Protection Agency identified environmental problems and grouped them into high-, medium-, and low-risk categories (SAB, 1990). The grouping is relative and presented in Table 14. The listing within the groups is not intended to represent a ranking. Generally the group ranking descends from global, diverse, and difficult to measure issues to local, focused, and more easily measurable issues. High environmental risks generally are global in nature; ozone depletion and global warming are diverse, difficult to measure, but with potentially dire consequences. Habitat alteration and destruction and species extinction are high risk issues in terms of aggregate, worldwide impacts and irreversibility. There is concern about accelerated depletion of essential ecological systems and premature extinction of numerous species.

7.3.1.3 Mining and Environmental Risks As with most industrial activities, there are environmental concerns and issues associated with mining operations. The development of a new mining operation generates numerous questions from the regulators and the public. One means of placing these questions in perspective is to compare them with the environmental risks identified by the Science Advisory Board. A proposed mining operation involving large surface disturbances such as open pits, large waste rock piles, large tailings impoundments, extensive roads, and lengthy power transmission lines will possibly alter habitats and impact critical habitat for sensitive native species. Habitat alteration and destruction are deemed high-risk problems by the SAB. Even without extensive surface disturbance, a project could be considered to be altering habitat by introducing or increasing the number of humans to an area. Another significant issue is impact to high quality waters. Many new mining projects are located in remote or pristine locations and water quality in adjacent streams is likely to be higher than would be experienced in other areas. A mining operation could affect water quality through discharges of metal bearing mine water, sediment, and nutrients. These changes in water quality could adversely affect aquatic life and considered beneficial uses. Even if they did not, there are increasing expressions to maintain high quality waters for intrinsic value. Changes or degradation of these high quality

waters is considered as both medium- and low-risk problems by the SAB; and a proposed mining operation in the vicinity of high quality surface waters will likely generate significant concerns. Problems associated with acid drainage from mining operations are well known and documented. In numerous cases, mine drainage has had detrimental effects on aquatic life from dissolved metals and dramatic changes in aesthetic characteristics from the deposition of iron hydroxides. Considerable understanding of the problem has been attained and technology is developing and evolving to deal effectively with it. Unfortunately, few individuals outside of the mining industry know of the progress that has been made, and acid generation will be considered a significant environmental risk for a long time. Abnormal sediment runoff from mining sites also represents a significant environmental risk. High turbidity interferes with the life sustaining functions of aquatic organism accustomed to “clear” water. Sediment deposition interferes with fish spawning and reduces the aesthetic value of a stream. Elevated levels of nutrients in surface waters are a classical water quality issue, but in the past several years they have become a pronounced problem for the mining industry. The use of nitrogen based explosives results in the release of nitrogen compounds to mine waters and mine wastes. Discharges of mine water or runoff from mine sites can contain elevated levels of nitrates and nitrogen compounds and thus increase concentrations in surface waters. These increases can result in “undesirable aquatic growth” (algae) in the receiving water.

7.3.1.4 Magnifying Factors The environmental problems listed above are expressed more specifically in laws, regulations, and administrative actions. These expressions often define specific uses of land or define strict water quality requirements or are strong external forces that influence the permitting process. These situations add to and magnify general permitting problems. They leave little room for natural resource development. Some of these conditions are: Restricted Areas (Single Use Lands) National Parks National Monuments Wilderness Areas Wilderness Study Areas Wild and Scenic Rivers Threatened and Endangered Species (and lands being specifically managed for T & E Species)


0

0

Stream classifications(antihon-degradation) Wetlands Zoning Restrictions Stringent State Regulations Negative Permitting Agency Adverse Public Sentiment

The possibility of any of these conditions should be carefully evaluated before engaging in any exploration or development program.

7.3.1.5 Historically Mined Sites Developing new operations on historically mined sites presents several potential problems. Besides potential future impacts of a proposed operation, there may be a need to address past impacts. This may range from piclung up and removing debris to remediating and controlling releases of metals to groundwater or surface water. Requests for permits will provide the agencies the opportunity to request corrective actions for historical problems. Further, there could be outstanding requirements to reclaim the property. On the positive side it may be possible to incorporate these potential liabilities into a program that resolves a long standing agency problem which could facilitate the permitting of the new operation. Releases of metals from a historical mining site may be found in blowing dust or surface water and groundwater. If there are releases they may be subject to clean up actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA--Superfund). Generally releases of hazardous substances at mining sites are low concentrations and considered low risk to human health; consequently they receive low priority treatment as far as the National Priority List is concerned. Even though the site may not be high risk to human health, there may be potential natural resource damages that would create remediation pressures. Other potential problems that could complicate the permitting of a new operation at a historically mined area is the presence of hazardous substances. There could be contaminated soil and groundwater from misuse of solvents and other organic compounds. The historical use of solvents and other organic compounds in and around machine shops and garages often resulted in the residues being thrown out the back door. Other common hazardous substances likely to be found at historical mining sites are asbestos and Polychlorinated Biphenyl (PCB's). Also, underground storage tanks are problematic and require removal or licensing and upgrading. These situations are not likely to prevent a new operation from being permitted, but it are likely to require new programs to eliminate, clean up, or upgrade management of them.

311

7.3.2 BASELINE DATA REQUIREMENTS 7.3.2.1 Aesthetics by D. Brown 7.3.2.I . I

Introduction

Evaluation of project aesthetics is typically required by permitting agencies as one of the considerations during the process of assessing environmental impacts. Compared to many of the other environmental impacts associated with mining, changes to the visual character of a site are usually obvious, even to the casual observer. This issue, therefore, commonly receives a high d e w of public interest. Early consideration of potential visual effects is important in project planning since requirements are often influenced by the anticipated aesthetic outcome of mining. A visual impact analysis is accomplished to determine the type and magnitude of the effect and assess how the changes "fit" with the existing or d e s d character of the area. For architectural projects, aesthetic concerns may focus on developing a visually pleasing project that may or may not attract attention or conform to the existing character of the area. For mining projects, as for other industrial land uses, the aesthetic goal is typically for the project to conform with the surrounding environment and to attract as little visual attention as possible. In order to provide an effective analysis, the existing character of the site and surrounding area must be accurately documented, and the effects of the project must be objectively assessed. The aesthetic effects should be evaluated in terms of the degree of change. Whether this change is determined to be positive, negative or inconsequential will be a matter of personal perceptions by the public and decision makers, and/or the guidelines of the permitting agency. Mining activities usually create surface disturbances that have a noticeable impact on the visual character of a site. Vegetation is removed. Topographic changes occur from removal of ore and waste rock. The degree of impact is largely related to three factors: 0

0

0

The type of mining operation (open pit, strip, underground, etc.), and the related volume of materials removed and replaced; The environment in which the mining is conducted (urban versus rural, arid versus mesic); and The planned reclamation for the site.

The changes are usually permanent or at least long term. Reclamation and revegetation, if successful, can reduce the potentially undesirable aesthetics. hoper consideration of these effects can result in a more

environmentally acceptable project and assist in the permitting process. The following discussion provides an approach to evaluating the aesthetic impacts of mining projects. The focus of the discussion is on methods for proper characterization of the existing environment (establishing the baseline conditions), since the specific methods and requirements for evaluating aesthetic impacts must be developed on a project and site-specific basis. However, because an understanding of the analysis to be completed is critical to gathering the proper baseline data, an overview is first provided of common approaches to conducting a visual analysis. 7.3.2.1.2

Visual Resource Analysis

Although evaluation of aesthetic impacts is commonly required as part of the environmental impact assessment of mining projects, guidelines for conducting the analysis if they exist, vary among agencies, and thc criteria for determining the importance of the results vary considerably. In part, this is because mining is an atypical development for many agencies. Some local agencies may be faced with mining project applications only rarely. Since the type and scope of mining activities do not typically conform to established development codes, visual guidelines (such as those common to architectural review) cannot be reasonably codified. The methods to be used and criteria for which the project will be judged will therefore generally be developed for each project, It is therefore important to coordinate with agency staff to develop and obtain consensus on the approach. The aesthetic effects analysis should consider both the mine's operating period and following reclamation. The goal for aesthetics during the active project will typically be for the project to minimize its effect in attracting visual attention. The post reclamation goal is dependent upon the planned subsequent use of the land. For purposes of discussion. we will assume that the subsequent use will be open spacelwildlife habitat, a common land use objective with the goal of visual continuity with surrounding lands. The following sections summarize key considerations in completing a visual impact analysis.

7.3.2.1.2.I Establishing Baseline Cuditions Characterization of the existing visual conditions for the site and surrounding area is a relatively straightforward process: The aesthetics of the site are described for each dominant feature (topography, vegetation cover and

existing surface disturbances) Viewpoints that are representative are selected and the site is photographed. This process of categorizing and documenting the existing features that make up the visual environment (including the selection of viewpoints. and timing of photographs) is discussed in more detail in Section 3.0 7.3.2.1.2.2 Determining the Scope of the Project

The Mine Plan. The anticipated aesthetic impacts of the project will influence viewpoint locations, since the point of the analysis will be to show project changes. A preliminary mine layout, and final elevations should therefore be known prior to selecting viewpoints. A mine plan showing areas affected by mining, waste disposal, and processing is necessary. The locations and alignments of other ancillary facilities such as buildings, access roads, utility lines and temporary stockpile areas should also be considered. In addition to the locations of facilities, the elevations of cuts and fills are needed. Other project facilities or activities that could affect aesthetics, including lighting and the movement of equipment should also be considered. Opportunities to address aesthetics should be considered early in the process of project design. Waqte rock dumps can sometimes be planned in configurations that minimize "straight line effects", at minimal additional cost. Pit configurations for quarries can also be varied. Considering the aesthetics early in the project is important, since the cost of reconfiguring large volumes of rock later on will typically be prohibitive. Creative mine plan phasing can also be used to help mitigate aesthetic effects.

The Reclamation Plan. The reclamation plan should indicate where revegetation and earthwork will be performed for aesthetic purposes. Plant species that are native or naturalized and conform to the surrounding undisturbed plant communities should generally be preferred over invasive, weedy species that may be easier to establish, but compete for water and nutricnts and can delay natural succession. Other than vegetation, the factor most affecting aesthetics will be the shape of landforms created by the project. Large flat surfaces and cutslfills with straight Iines (such as building pads, waste rock piles, leach pads, benches and roads) are uncharacteristic of nature. Naturally configured drainages and effective erosion control will reduce the potential non-conforming features that attract visual attention. Aesthetic-related earthwork may include reducing slope angles to "soften" the straight line appearance, and recontouring roads and building pads.


7.3.2.1.2.3Evaluating

the Visual

Changes

Sirnuluting Project Changes. In order to evaluate the visual impact, a written description and pictorial rendering of the changes are usually prepared. Various methods can be used: I

The changes can he verbally described and supported with a minimum of graphics, such as cross sections. Photographs of project elements such as mine pits, conveyors, and waste rock piles at other similar operations may be helpful. This is the least costly method, and may be successful, depending on the complexity of the project and visual environment. Where project aesthetics are important, this method may leave too much to the imagination. An artist's sketch or painting simulating the project at completion (with reclamation) can offer a good mechanism for evaluating the h a 1 aesthetics and comparing the change to the existing condition. Paintings ace most useful when the project changes are shown directly on a photograph of the site and in the context of the surrounding visual environment. Computer programs are also available that can be used to alter an existing photograph to show the project changes. Three-dimensional computer views of digitized project topography can also be superimposed on an electronically scanned photograph for an accurate simulation. Physical three-dimensional topographic models att accurate and useful where large topographic changes are planned. Models are especially helpful in public meetings as they enable people to "see and feel" the project. The model can facilitate descriptions of the anticipated physical changes; photographs of the model can be used in permit documents. The use of such models is limited by their expense, the inability to modify them to reflect project design changes, and their weight and bulk that makes them difficult to transport.

The key features that are important to show in simulations are the changes in topography, color, and vegetation. If the project operations will be long-term, buildings and ancillary facilities should also he depicted. Analyzing the Esfects. Many visual impact analyses conclude with the results of the visual simulation. Experience indicates that indeed, the opinions of most reviewets will be formed based upon preconceived expectations for reclamation, and aesthetic preferences influenced by the simulations. However, a critical evaluation of the aesthetic changes demands further analysis. Using well defined and commonly accepted terms to describe the existing environment can assist in evaluating the aesthetic changes. The US Burcau of Land

313

Management Visual Resource Management handbook (BLM, 1980) provides a list of terms, as well as a numerical method to evaluate aesthetic changes. Numerical methods can be useful, especially at sites where visual resource management is an important objective of land management practices. The primary advantage is that it provides for consistency in analysis, which is important when extensive lands and numerous projects must be evaluated. However, use of a numerical analysis may unnecessarily complicate the analysis of a single project. It is usually adequate to describe the major features (land surface, vegetation and structures) and discuss how they would change in form, line, color and texture, with the proposed project. Important changes may include:

0

0

0

Changes in topography, or construction of buildings or other man-made structures that wouId obstruct or degrade a scenic view. Changes in soils or vegctation or the introdUCtiOIl of structures that result in a sharp color contrast. Straight lines or unnatural shapes (such as roads and buildings). Features that change the skyline. Introduction of artificial lighting. Conditions that would produce significant windblown dust. Movement of vehicles and equipment.

Although most mining projects will produce some of these effects, the issue of concern is usually whether the effect will dominate the viewscape and attract the eye. Once the project effects are understood, it is appropriate to consider them in light of when, by whom. and under what circumstances the project would be observed. Considerations may include:

0

From what distance will the project be seen? Is it part of the foreground or background view? How often will the project be seen? What degree of access is there to the site? How many passersby would there be on a daily, monthly or seasonal basis? What would be the duration of observance? Passersby on a freeway may only see the site for several seconds. Hikerdcampers and surrounding property owners could observe the site for lengthy periods. By whom will the project be seen? Will the project be seen by uninterested commuters, by hikers desiring a wilderness experience, or by neighbors with different expectations for views of surrounding properties? How important will the changes be in light of viewer expectations? Under what circumstances will the site be seen? Will it be viewed in the context of other mining and

314

0

CHAPTER 7

development, or with relatively undisturbed lands? Is the project located in an area (or on an access route to) lands managed, in part, for scenic resources (such as a National Scenic Area or Scenic Corridor)? How long would the visual effects be evident? How long will the project operate and how long will it be until reclamation efforts reduce the visual contrasts?

At some point, the analysis will need to judge whether the project's aesthetic changes are acceptable. This is where personal preferences often come into play. An attempt should be made, however to withhold one's own personal value judgments; the focus should be on the acceptable degree of change in accordance with the permitting agencies' guidelines, or on the degree of contrast between the site and surrounding area. Weak contrast changes that will not attract the attention of the average observer may not be an issue. Strong contrast that attracts attention may be less acceptable.

utilization of commercial rock stains can minimize the contrast. 7.3.2.1.3 Documenting

Documenting existing condltions is typically a photographic exercise. The objective of documenting existing conditions for any environmental issue is to accurately represent the environment prior to the implementation of the project. The "existing" aesthetic conditions are, however, influenced by several factors, such as site access and the viewpoints selected, temporal conditions (including weather, season, sun angle), and the photographic equipment and printing. The manner in which the existing site is portrayed has an influence on the manner in which it will be perceived with the project changes. This section discusses these key factors, including: 0

7.3.2.1.2.4Mitigation

0 0

Because mining necessarily creates potentially large scale surface disturbances and introduces heavy equipment plus processing and support facilities, the opportunities to mitigate negative aesthetic changes can be limited. Obviously, underground mines, coal strip mines, open pit metals mines, and quarrying all have different design and operational requirements that dictate the larger reclamation parameters. The aesthetic management objectives and public and agency expectations will need to be reevaluated at this stage to ascertain if they are reasonable in light of what can actually be achieved. Often the best aesthetic mitigation is a design that engineers land forms to imitate the irregularities found in nature. Differential placement of waste rock to mhce straight line effects, and the siting and orientation of buildings, roads and other features with respect to viewers can significantly alter potentially negative effects. Straight lines and flat surfaces can be recontoured, and backfilling of pits {where feasible) can modify the site at the time of reclamation. Grading for proper drainage and other surface management techniques to control erosion are important. A well conceived and implemented revegetation program can be extremely effective in reducing color contrasts. Other measures commonly employed include: 0

0 0

Selected placement of those facilities that have some design flexibility such as buildings and utility lines. Use of paints that blend with the landscape. Selective use of artificial lighting (where safety is not compromised). Use of shielded and directed lights that minimize fugitive light on adjacent properties. Where cuts reveal fresh rock of contrasting color,

Existing Conditions

Camera and lens selection, and printing. Viewpoint selection. Timing of photographs. Characterizing the existing conditions

7.3.2.1.3.1 Photographic Equipment and Printing

The equipment used and format in which the photographs are taken and printed will affect the reviewers perceptions of the aesthetic environment. The challenge in h s regard is reproducing on paper as close as possible what an observer would see if he/she were actually on the site. This is complicated since the human eyes generally have a wider field of view than a camera, as well as seeing three-dimensionally. Acknowledging these limitations, photographers should attempt to minimize distortion by selecting appropriate camera and lens. Film and reproduction scale are also important. Photographs to be used in the analysis should therefore be taken be experienced personnel, with the following considerations in mind: Camera and Lens Selection: The camera should be of good quality, typically a 35mm or larger film format. Lens dlstortion is generally greater in less expensive cameras. A 50 or 55mm lens will most closely reproduce the landscape as it would be viewed by an observer. Wider angle lenses (35mm or less) distort the shapes of objects to fit more onto the film.

Film Selection: Since color contrast is an important aspect of aesthetics, color film is a must. The brand of film, its age, exposure to heat, and its original intended use (indoor or outdoor) will affect color. The film speed (the ASA) will affect the graininess of the print.

ENVIRONMENTAL PERMITTING Print Format: Although influenced by film speed, photograph enlargement quality is related to film format (size). Graininess and distortion increase as the size of a photograph increases. The maximum enlargement (while still maintaining picture quality) for 35mm film is generally 8" X 10" picture. Ideally the photograph will be printed at a scale that shows objects at the approximate scale as they would be seen if the reader were standing where the photograph was taken.

315

basic distance zones: foregroundmiddleground, background and seldom seen (BLM, 1980). n7e viewers' attention to foregroundmiddleground areas is greater than it is to distant views. Distance also affects an observer's parallax; so while foregrouncUmidd1eground objects are seen three dimensionally, background features appear two-dimensional. The importance of project changes will therefore be diminished as distance increases. View points should be selected that are representative.

7.3.2.1.3.2Considerations in Selecting Viewpoints 7.3.2.1.3.3 Timing of Photographs

The viewpoints from which a site is photographed should be selected considering the frequency and sensitivity of views, obstructions, and planned mine facilities.

Weather, season and time of day alter site aesthetics. The degree. of perceived aesthetic impacts of the project can increase or decrease depending on these conditions,

Frepencyuf Views: The number of times a site is seen on a daily, monthly or seasonal basis should be a determinant of viewpoint selection. Although the aesthetic changes may be the of the greatest magnitude to an individual standing on or adjacent to the site, the most common public viewpoints will typically be on roadways surrounding the site. While the magnitude of the changes as viewed from on-site should be addressed, it is more appropriate to consider the aesthetic changes in the context of the surrounding environment from common viewpoints.

Weather: Some weather conditions will change the ability to see the site, others will affect its aesthetics. Fog, haze and precipitation may obscure views of the site, or obscure background views, resulting in a highlighting of project changes. Shadows cast by clouds, snow on the ground and saturated soils will affect color and texture of site features. For these reasons, the baseline documentation should indicate what the typical weather patterns are and whether the photographs are representative of weather conditions or "best case" views.

Sensitivity of Views: Viewpoints that may be considered sensitive include those located on or within:

Adjacent to privately owned properties, Wilderness areas or other areas managed, in part, for scenic resources, Designated scenic highways, and Locations from which a large number of people will view the site. Obstructions: For a visual analysis, what is not seen is as important as what is. Although viewpoints are often selected for illustrative purposes from the best possible location to observe a project, it should be clear as to what locations the project can reasonably he observed. Aerial photographs are therefore generally inappropriate. It may be important to take photographs from surrounding viewpoints demonstrating that elements of the project will not be seen.

Distance: A landscape scene can be divided into three

Time of Day: The time of day that a photograph is taken affects shadowing and colors. Morning and late afternoodevening periods with low sun angles produce long shadows and changes in color. Midday hours are typically the best to photograph to minimize these effects.

Season: Weather and sun angle affecting site aesthetics also vary by season. Dramatic changes in vegetation growth and color can occur seasonally as well as annually. 7.3.2.1.3.4 Characterizing the Sire and Surrounding Area

To provide a basis for the analysis, existing aesthetics (based on the photographs and viewpoints) must be described in a manner that facilitates objective comparison. This j s acc~mplishedby first segregating the landscape into its major features: ladwater surfaces, vegetation, and man-made structures. The aesthetic characteristics of each feature should be described using accepted and defined terms such as form. line, color and texture. In this manner, the landscape can be described based on its individual characteristics without imposing

316

CHAPTER 7

judgment of its overall aesthetic value. The degree of existing surface disturbance and site development is important to note, both in terms of the aesthetic character and the ability of the site to recover. For example, past surface disturbances that have successfully revegetated will provide an indication of how effectively vegetation can be used to mitigate the project effects. 7.3.2.1.4

and atmospheric dispersive potential can vary with both location and time (from hour to hour. seasonally, and with longer term trends) due to factors such as variable emission rates of nearby sources, atmospheric conditions, and regional pollutant concentrations.

Table 15 Summary of National Ambient Air Quality Standards (NAAQSJ(1)

Conclusion

The aesthetic effects of mining are an important aspect of the environmental impact analysis, since visual resources will typically be a key consideration in the public acceptability of a project. Agency determinations for reclamation requirements will also likely be influenced by the anticipated aesthetics. Given that mining will be disruptive to the existing aesthetic environment, the issue should be considered in early planning for those aspects of the project that have design flexibility. Since the interpretation of negative and positive aesthetics varies with each observer, the challenge in completing the analysis is in establishing how important the existing aesthetics are, and ascertaining the acceptability of the degree of change.

Pollutant

Averaging time

(pg/m3)

CO,

0 hour 1 hour

40,000

Pb

Calendar year

1.5

NO,

Annual

loo

Ozone (2)

1 hour

235

PM10

Annual 24 hour

50

so2

7.3.2.2 Air Quality By R. Steen 7.3.2.2.1 What i s Baseline Air Quality Information?

The three types of information regarding ambient air that are used in connection with air quality impact analyses for proposed industrial facilities, including mines. ate baseline pollutant concentrations. atmospheric dispersive potential, and air quality related values. Baseline pollutant concentrations are background regional concentrations plus impacts from existing nearby sources that exist in the area of a proposed facility prior to construction. Atmospheric dispersive potential is the ability of the atmosphere to disperse emitted pollutants, and is represented by meteorological parameters. Air quality related values include visual range, the health of commercial crops, soil quality, arid biological an3 hydrological conditions in areas of special consideration (i.e., Class I areas). Because most mining projects are sufficiently small that they do not have to address air quality related values, only baseline concentrations and atmospheric dispersion potential are important and will be discussed further herein. An important concept concerning all air quality baseline information is “data representativeness,” or whether a particular data set is representative of a particular place and time. Both baseline concentrations

Annual 24 hour 3 hour

10,000

150 80

365 1300

(1) National stand ad^, other than ihose h e d on mnuul are not to be excee&d more than once LI year (except where noted). averages,

(2) The uzune srandard i s atrnined when the expected number of d r y s per calendar year in which the muximum hourly meruge concentration is above the standard is e q w l to or less than one.

7.3.2.2.2 Uses of Baseline information

Both baseline pollutant concentration data and meteorology data are useful in air quality analyses. Baseline concentration data are ad$ed to the estimated impacts from an industrial facility to demonstrate that the health-based ambient air quality and welfare standards will not be violated. Dispersion meteorological data m used in conjunction with proposed emissions information in analytical dispersion models to estimate the air impacts from a proposed facility as a function of time and location. 7.3.2.2.3 In What Regulatory Processes i s it Used?

Baseline information Is needed for environmental impact


evaluations, which can be required as part of the application process for air emission permits and environmental impact analyses under various federal, state, and local regulations, such as the National Environmental Policy Act (NEPA). Depending on the particular regulation, these impact analyses address impacts in relation to either absolute or incremental ambient standards. The absolute air quality standards are not to be exceeded by the total of baseline pollutant concentrations and predicted impacts from the proposed facility. On the other hand, the incremental standards limit only the increased pollutant concentration resulting from the proposed facility. The air emission permitting processes provide the more clearly defined methods acceptable for estimating impacts and exempting sources because of small size from the various impact analyses, including collection of baseline data. The degree of detail acceptable to the NEPA-type impact analyses is less well defined.

designated Class III.

7.3.2.2.4 What Are the AmCieat Standards?

Short-term increments nor to be exceeded more than once per year. Proposed increment only, notfinalized.

Ambient standards are pollutant concentration limits that must be met in all locations to which the general public has access. Absolute standards have been defined for the purpose of protecting human health and welfare, and incremental standards are intended to prevent significant deterioration of the air quality. National ambient air quality standards (NAAQS) (absolute standards), defined in 40 CFR Part 50, have been promulgated for the six criteria air pollutants; sulfur oxides (SO,), particulates (PM lo), nitrogen dioxide (NO,), carbon monoxide (CO), ozone (OJ, and lead (Pb). These standards, listed in Table 15, are to be met in all areas accessible to the public in the United States. Individual states and air districts have the ability to instate standards more restrictive than the NAAQS for the criteria pollutants, and regulate concentrations of other pollutants as well. National incremental standads have also been promulgated for SO,, PMlO, and NO, (see Table 16). These incremental standards are enforced during permitting of a major stationary source under the Federal New Source Review program. Sources not classified as major do not usually need to address the incremental standards. The incremental standards are defined separately for each basin classification (Lea, Class I, Class 11, and Class III). Class I areas, designated as such in the 1977 Clean Air Act Amendments. are areas requiring special protection, such as national parks and wilderness areas. Much of the rest of the country i s designated as Class 11. A Class I11 designation is reserved for areas where greater deterioration is allowed. Few, if any, areas have been

317

Table 16 Prevention of Significant Deterioration Incremental Standards’ ( ~ g / r n ~ ) Class I

CIass II

Class Ill

2

40

25

20 91 512

5 10

19

37

37

75

Nitrogen Dioxide2 Annual 2.5

25

50

Sulfur Dioxide Annual 24-hour 3 hour

Total Suspended Particulates Annual 24-hOUl

5

128 700

In addition to the air quality standards discussed above, there are incremental concentration limits called “significant impact” thresholds (Table 17) in non attainment areas and “de minimis” impacts (Table 18) in all other areas. Although these limits are not air quality standards, they are used in the federal new source review process and in many state permitting programs to determine emission control levels and baseline concentration information gathering requirements. 7.3.2.2.5 When Are Baseline Monitoring Programs Required Or Advantageous?

Baseline monitoring programs are to be established only when baseline information is required, and no information exists that is both acceptable in quality and representative of the particular location and the present time. The representativeness of an existing pollutant concentration data set is determined subjectively by considering both the location and time of the reccaded measurements: the represenlativeness of a meteorological data need only be representative of location. The decision on the need for baseline monitoring is made separately for concentration and meteorological information. Because an ambient air quality monitoring program is expensive in terms of both cost and time delay, it is

318

CHAPTER 7

Table 17 Nonattainment Area Significant Impact Thresholds Pollutant

Annual

24-hour

so2

1

5

TSPIPMI 0 NO*

1

5

8-hour

3-hour

1-hour

25

1

CO

500

2000

Table 18 De Minimis Concentrations Carbon monoxide Nitrogen dioxide Particulate matter Particulate matter Sulfur dioxide

Lead Mercury Beryllium Fluorides Vinyl chloride Total reduced sulfur Hydrogen sulfide Reduced sulfur compounds

575 pg/rn3 14 pg/m3

%hour average annual average 24-hour average 24-hour average 24-hour average 3-month average 24-hour average 24-hour average 24-hour average 24-hour average 1-hour average 1-hour average I -hour average

10 pg/m3 TSP 10 pg/m3PM10 13 pg/m3 0.1 pg/m3 0.25 pg/m3 0.001 pg/m3 0.25 pglm3 15 pg/m3 0.2 pg/m3 0.2 pg/m3 I0 pg/m3

usually desirable to find an alternate means of obtaining any required baseline information. Oftentimes a proposed facility can provide a reviewing agency convincing evidence that concentrations are below particular values using other representative and available data sets. However, if the background values from an off-site data set, in conjunction with estimated impacts, are not low enough to demonstrate compliance with the ambient standards and there is reason to believe that an on-site monitoring program would show lower baseline concentrations, then the baseline concentration monitoring program may be a useful investment. With respect to meteorological data sets, the U.S. EPA provides a hypothetical worst-case data set to be used with facility emissions to estimate a worst-case predicted impact. If the resulting worst-ca.e impacts show compliance with all applicable ambient standards, there is no value to an on-site meteorological monitoring program. Likewise, if an existing data set, of acceptable quality and length, can be cnnsidcrcd representative of the dispersion on site, and the estimated impacts using it are in compliance with all ambient standards, there is no value to an tin-site meteorological monitoring program. Oftenlimes however, it is the incremental standards that arc the most difficult to demonstrate compliance with and on-site dispersion meteorological provides the most representative data.

7.3.2.2.6

Nonattainmenl Areas

Certain areas of the United States do not comply with the NAAQS for one or more pollutants, and are therefore designated as “non attainment” with respect to these air pollutants. These arm are generally in or near large cities or major industrial complexes, but can also be in rural locations. Sources located within these non attainment areas must address special non attainment permitting procedures for the pollutants designated as non attainment. Both the trigger threshold for federal New Source Review and state facility permitting, and baseline data requirements are specific to the non attainment area. Once an area is designated as non attainment and a facility is classified as a major stationary source (MSS) triggering federal New Source Review requirements for a particular pollutant, permitting of emissions of that pollutant i s subject to the non attainment permitting regulations. These regulations apply regardless of whether the concentration of that pollutant at a particular location within the non attainment area (i.e., where the facility is to be located) is actuaIIy abovc or below the NAAQS. One advantage of non attainment status is that there is no requirement for baseline concentration information on any pollutant for which an area is designated non attainment. Hnwever, dispersion


319

BEGIN

I ESTABLISH PHYSICAL PARAMETERS Determine equipment capacities, fuel consumption rates, processing rates, source location.

II

ESTIMATE MAXIMUM EMISSIONS Estimate the annual potential to emit of each regulated air pollutant from process sources.

DETERMINE NONATTAINMENT STATUS Determine whether facility location is nonattainment for any pollutant.

-

END No source review under nonattainment rules.

t

II

NO

DOES FACILITY TRIGGER MAJOR (MSS OR MMDI STATUS? YES Does annual potential to emit per (per pollutantJ pollutant exceed 100 tons per year (MSS) or significant increase (MMD)thresholds, as defined in 4OCFR 52.18, subsections I i. 1 .v and vi?

NO (per pollutant)

DOES FACILITY TRIGGER MAJOR JMSS OR MMD) STATUS (PSD REVIEW)? Does annual potential to emit per pollutant exceed the 100/250 tons per year (MSS) or significant increase (MMD) threshold levels defined in 40CFR52.21, subsection b, 1 and b, 2?

1

1 YES

II

END Review under nonattainment rules (no baseline data required).

NO

I

END No federal source review

requirement.

Figure 1 Federal Program Applicability Determination.

I

END PSD source review required.

II

330

CHAPTER 7

(The following decisions are made on a per-pollutant basis)

FACILITY TRIGGERS PSD REVIEW

1

t

I 1

ARE EMISSIONS SIGNIFICANT?

Does the emission rate of each pollutant exceed the significance levels in (Table 7.3.2-5)? I

I -

END Do not monitor baseline.

I

IS BASELINE ALREADY ESTASLISHED AS NEAR ZERO?

Can a case be made to agency that concentration is below de minimis levels (Table 7.3.2-4) from existing data?

Do not monitor baseline.

WILL IMPACT BE NEAR ZERO? Through despersion modeling, using hypothetical or representative dispersion meteorology, are impacts shown to be below de minimis levels (Table 7.3.2-4)?

I

BASELINE CONCENTRATION DATA IS REQUIRED

IS BASELINE DATA ALREADY AVAILABLE?

Is a data set available that is of acceptable length and quality, and is representative of the facility location and the present time? NO

I I

-

END Monitor baseline,

YES

b

I END Do not monitor baseline.

I

1

I

Da not monitor baseline.

I I

Figure 2 Determination of Need for Baseline Concentration Monitoring (Under Federal PSD Review).

ENVIRONMENTAL PERMITTING meteorology may be required to demonstrate that impacts will be insignificant. 7.3.2.2.7 The Prevention of Significant Deterioration (PSD) Program, Applicability Threshold and Baseline Data Requirements

If a proposed facility located in an attainment area is sufficiently large (most mining facilities do not meet this criteria), it will trigger the federal New Source Review program, hereafter referred to as the “Prevention of Significant Deterioration (PSD) review program.” There are very specific requirements for baseIine information in this program. Although this program is only applicable to large sources, federal impact analysis requirements under NEPA, and state and local permitting requirements for smaller sources are usually similar in many ways, including baseline information gathering requirements, to the requirements for PSD permitting. The federal PSD review requirements, provided in 40 CFR 52.21, describe the logic for determining whether a source triggers the review process and the associated ambient data requirements. (The decision-malung process for determining whether a facility is subject to the federal review program is presented in Figure 1.) To trigger federal PSD review a source must be classified as a major stationary source (MSS) or major modification (MMD), as defined in 40 CFR 52.21, b.1 and b.2, respectively. The trigger threshold for mining facilities (without significant associated processes such as coal cleaning, steam-generation or smelting) is 250 tons per year of any single process-generated (i.e., emitted through or reasonably able to be emitted through a stack) regulated pollutant regulated under the 1977 CAA. Road dust from traveling mine vehicles and other types of fugitive dust are not counted in this applicability determination. Particulate emissions (from crushing facilities, etc.) are most likely to trigger MSS status for new mines. A modification is classificd as major when the process emissions of a regulated pollutant at a major stationary source undergo a “significant” net increase. (Significance levels are provided in Table 17.) Once a facility triggers the PSD review program, certain baseline air quality data may be required. The decision-making process on requirement for data involves an estimate of the potential emissions and potential impact of each regulated pollutant. Baseline information and impact evaluation may be required for all pollutants with emissions above the significant level shown in Table 19. The PSD regulations also specify the incremental concentration increases (Table 18) considered “de minimis,” under which no further impact analysis or baseline data are necessary. The decision-making process for determining the need for monitoring baseline concentration is presented in Figure 2.

321

Table 19 Significant Emission Rates Carbon monoxide Nitrogen oxides Sulfur dioxide Particulate matter (TSP) Particulate matter (PM10) Ozone Lead Asbestos Beryllium Mercury Vinyl chloride Fluorides Sulfuric acid mist Hydrogen sulfide (H,S) Total reduced sulfur (including H2S) Reduced sulfur compounds (including H,S)

100 tons per year 40 tons per year 40 tons per year 25 tons per year 15 tons per year 40 tons per year vocs 0.6 tons per year 0.007 tons per year 0.0004 tons per year 0.1 tons per year 1 ton per year 3 tons per year 7 tons per year 10 tons per year 10 tons per year 10 tons per year

Notwithstanding the table above, significant means any emissions rate or any net emissions increase associated with a MSS or MMD which would be constructed within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1 rng/rn3 (24-hour average).

Ozone, lead, and carbon monoxide monitoring rn usually not required for mining facilities. If no substantial on-site drying or metal conversion by heat or power generation facilities exist, nitrogen dioxide and sulfur oxides monitoring are usually not required either. In addition, even when such associated facilities exist, if the baseline concentration for a specific pollutant is expected to be below “de minimis” concentration levels, listed in Table 18, no monitoring is required for that pollutant. In the case of mines that are a great distance from urban and industrialized areas, it is generally understood that all listed pollutants, except dust, its natural constituents, and ozone, will be below ck minimis concentrations. Lastly, baseline monitoring is not required if the source is anticipated to have an impact below the de minimis concentration. Therefore, for mining operations, it is often only the PMlO concentrations that need to be monitored. There are no federal requirements for monitoring dispersion meteorology under any permitting or impact assessment requirements. However, there are requirements for performing dispersion modeling of impacts, and it is often to the advantage of the applicant to measure the dispersion meteorology on or near site

322

CHAPTER 7

FACILITY TRIGGERS PSD REVIEW

J

IS THE HYPOTHETICAL WORST CASE METEOROLOGICAL DATA SET ADEQUATE? Can all impact limits be met using hypothetical meteorology built into screening models?

Monitoring neither required nor advised.

1""

I

1 I

IS THE NEARBY DATA SET ADEQUATE? Can all impact limits be met using nearby meteorology?

YES

I

NO J

b

I

CAN ON-SITE DATA HELP? Can unique site features affect meteorology so that impact may be lower than using options above?

I

-

END Monitoring not required but would be beneficial.

I

(.

I


r

I

_ _ _ _ ~

END


I

Figure 3 Determination of Need for Dispersion MeteorologicalMonitoring (Under Federal PSD Review).

rather than using a more conservative hypothetical or off-site data set. The decision process for monitoring dispersion meteorology is shown in Figure 3.

7.3.2.2.8 Baseline Concentration Monitoring Most states have developed emission permitting programs for sources well under the PSD review size and these programs include some degree of environmental impact review, generally not as stringent as that for PSD. A state or local government can assume enforcement authority of the federal program by

developing its own New Source Review program with requirements at least as strict as the federal program. Oftentimes these PSD review programs are integrated into the more broadly applicable permitting programs, but with less stringent permitting requirements for smaller sources exempted from the PSD program. Baseline dispersion meteorological monitoring is routinely performed for PSD facilities because PSD facilities are subject to a demonstration of compliance with the PSD increment impact concentrations, often the most difficult component of impact analysis. Mining facilities are usually under the size trigger for federal

ENVIRONMENTAL PERMITTING (both PSD and Title V) review, do not have to address increment consumption (in most states), and respond only to state or local review, the requirements of which are variable.

7.3.2.2.9 How Is Baseline Data Judged? Whether a particular set of data is “representative” is an issue of judgment, beyond the federally established minimum quality and length requirements. For data sets not collected on site immediately prior to impact review, representativeness is a question of capturing a sequence of conditions, typical of the location and the present time. Since the more stringent ambient standards address extreme values and statistics (i.e., the worst or highest hour. three-hour, or 24-hour event to be measured or expected in a year), the baseline data set typically must cover one year. In special circumstances, where a pollutant concentration is known to peak during a single season, it is acceptable to use a four-month data set. These EPA-defined minimum limits for on-site data sets help in defining “representative” for off-site data sets. When airport data are used, EPA considers a five-year set as representative.

7,3.2.3.10 Duration of Monitoring Programs The federal program, as well as most states, require that pollutant concentration and meteorological monitoring cover a minimum of one year of hourly averaged data collected on site. In some cases, baseline concentration data can be monitored over a period as short as four months when the applicant provides convincing evidence lhal the shorter period provides a high-side representation of the full year. For instance. carbon monoxide concentrations tend to be maximum in winter months and ozone concentrations tend to be maximum in the summer months, and the concentrations measured during these seasons can be considered representative of a worst-case year. Proving that other pollutants have seasonal maxima is more difficult. The federal regulations also require that pollutant concentrations be monitored the year prior to applying for the air permit. Experience shows that this requirement is liberally interpreted, and if the data set can be considered representative of the prior year, it will be acceptable. The meteorological monitoring guidelines state that when a permit condition (i.e., an emission limit, or limit on operating hours or stack height) is developed from one year of meteorological data, additional data must be collected to insure that the permit conditions have been properly developed. However, it is unclear how the agency would retain the right to alter the permit conditions after permit issuance. Because the data is to be collected for an impact

323

analysis, collection must be completed before the impact analysis is prepared, which means that data collection must be initiated well before the impact analysis is to be completed. Collection of air quality data is one of the first components to be initiated for an environmental impact evaluation.

7.3.2.2.11 Siting Monitoring

Stations

The guidance for locating monitoring stations states that the monitors must be in a location representative of the conditions on and around the site. For meteoroIogy, the wind sensors are to be located at emission release height (which should be at stack-top height), or a minimum of 10 meters if the sources are surface level. Because the EPA-guideline dispersion models assume a spatially uniform wind field, there is no value in collecting wind data at multiple sites when the source location is known. Regarding baseline concentration, the guidelines require that monitoring be representative of three locations: the location of anticipated maximum impact to which the public would be exposed, the location of maximum baseline, and the location of maximum combined baseline and impact. For isolated facilities, such as most mines, the baseline is usually uniform across the proposed source site and nearby terrain, and baseline can be measured at one location to meet all of these criteria.

7.3.2.2.12 Quality Standards The EPA provides guidelines for minimum monitoring standards. These guidelines address the minimum standards for monitor precision, operation of the monitors, siting the monitors, laboratory procedures, quality control methods, minimum acceptable data recovery rates, and minimum quality assurance. For meteorological monitoring, siting procedures, equipment sensitivity and precision, and calculation methods are presented in the guideline On-Site Meteorological Program Guidance for Regulatory Modeling Applications (EPA-450/4-87-013). For air concentration monitoring the applicable guideline report is Ambient Monitoring Guidelines for Prevention of Significant Deterioration (PSD) (EPA-450/4-87-007). The required quality assurance methods for air concentration monitoring are presented in W F R 58, Part 58, Appendix B. The state and local monitoring programs generally refer to the EPA-guidelines for quality issues. As a general rule, if monitoring is to be performed, it should be performed to the specifications listed in the EPA-guidelines, regardless of the permitting agency.

7.3.2.2.13 Monitoring f o r Compliance Compliance air quality monitoring by an industrial

324

CHAPTER 7

facility is the best means of demonstrating compliance with the NAAQS. The situation occasionally arises, especially with large mines, that there are no alternative means of demonstrating compliance with the PM 10 ambient standards, and ambient compliance monitoring is required as an emission permit condition. Because it is expensive, it should be required only when there is a clear issue with meeting ambient standards, and there is no appropriate activity rate or emission surrogate that can be more inexpensively monitored. Monitoring to demonstrate compliance with h e incremental standards is not possible when sources are in urban areas or proximal with other sources, but for isolated sources, it is appropriate. Monitoring methods and quality standards are the same as for the impact analysis monitoring, discussed in Section 7.3. Because of the expense, it is best to establish (during the permitting process) a limited period of time during which the monitoring will continue, such as one year after the operation reaches capacity level of production.

7.3.2.3 Aquatic Biology and Fisheries by S. P. Canton, J+ W. Chadwick, and D. J. Conklin, Jr.

7.3.2.3. I

Introduction

A number of ecological issues are involved in the environmental permitting of mining projects. The extent of aquatic ecosystem coverage is determined by the scope of the project and the surrounding environs. It can reasonably be assumed that if a stream, lake, river UT reservoir is on or near the project site, then aquatic biology studies will have to be undertaken. The scope of the studies wiI1 depend on a number of factors as described below. The issuance of some key project permits may depend on the results of the aquatic biology studies. In the current regulatory environment, it is difficult to overemphasize the importance of the presence or absence of key aquatic organisms. The following discussion outlines the typical factors involved in design, implementation and reporting of aquatic biological studies for mine permit issues. While not intended to be a catchall discussion of issues for all mine sites, it presents the salient features needed to complete an effective aquatic biological study. 7.3.2.3.2 Study Plan Development

Before baseline data collection can proceed, a defined aquatic biological study plan must be developed. A study plan can be as little as a few pages up to a complete volume, depending on the complexity of the project, the quality assurancdquality control (QAJQC) procedures required, agency requirements, and other factors.

However, a good study plan will:

1) Define the specific baseline data objectives of the study. 2) Delineate the study area and proposed study sites to be sampled. 3) Specify which groups of organisms (i.e. fish, invertebrates, algae, etc.) are to be sampled. 4) Propose acquisition of existing data and review of 1i terat ure. 5 ) Outline data collection needs, such as quantitative or qualitative, field sampling or laboratory testing. 6) Describe the field sampling methods. 7) Establish a field sampling schedule, such as monthly, seasonal, etc. 8) Describe laboratory analysis methods, if appropriate, with QAJQC procedures 9) Define data analysis methods, including statistics to be used. 10) Indicate the reports to be produced, such as progress reports, draft reports, final reports, etc. 11) develop a schedule far implementation of data review, field sampling, laboratory analyses, data analyses, and compIetion of reports. The development of a study plan involves the interrelationship of the eleven steps presented above. Although the steps have been presented as a linear progression of tasks, in reality the process involves continual changing and redefining of the above tasks as more information is incorporated into the study plan development. For example. the proposed study sites and organisms to be studied may have to be changed if it's learned that a threatened or endangered species may occur in the study area. This new knowledge could possibly necessitate the redefining of the study objectives, the relocation of particular study sites, andor the specific habitats and organisms to be sampled. During the development of a final study plan, expect several changes to be made to at least some of the eleven steps outlined above. The aquatic biology study pIan should be coordmated with the study plans for other disciplines. This avoids duplication of effort and maximizes coordination and quality of concurrently collected data. In some instances, it is very important to collect aquatic biological data at the same time other data are being collected in related disciplines. For example, the distribution and abundance of aquatic organisms in many water bodies are often correlated to flow conditions and water quality. Coordinating the collection of biological data with the measurements of flow and sampling for water quality analyses maximizes the utility of the data and allows a more defined interpretation of the results. Coordinating the study plan development between disciplines also avoids potential confusion after the data have been collected and analyzed. Baseline data often

ENVIRONMENTAL PERMITTING raises as many questions as it answers. In many cases, unexpected results will be found in baseline sampling, such as new species or seemingly unusual relationships between species abundance and particular physical or chemical factors. Proper coordination between the disciplines will maximize the probability that these unexpected results can be evaluated and explained with input from the other disciplines. A final important aspect of study plan development is the coordination with appropriate overseeing local, state, and f d e d agencies. It is important to review the study plan with appropriate agencies to reduce conflicts at a later date. The general aspects of the study objectives, as well as the specific study sites, methods, study organisms, etc., should be agreed upon prior to implementing the study plan. This should ensure that any questions asked by the agencies at a later date can be answered. It is much easier and cheaper to finalize the details of a study plan with the appropriate agencies prior to data collection than it is to have to conduct additional studies and collect additional data to address data gaps outlined by agencies at a later date.

7.3.2.3.3 Baseline Data Objectives

The keys to any aquatic biological study are the objectives. The study objectives should clearly define the goals of the aquatic study with specific regards to the project. They should define the potentially affected aquatic resources (lakes, streams, rivers, reservoirs), the potentially affected biota (fisheries, invertebrates, algae), and the potentially affected habitats (riparian. instream). Following development of baseline data objectives, there should be no confusion as to the goals of the baseline data collection efforts or the eventual product. Included in most studies is the collection of basic biological dataon the waters in the study area. In many cases, data will not exist on the aquatic ecosystem. In other cases, data will exist, but may be of poor quality, either due to it being too old or perhaps it was collected in a superficial manner. Also, recent changes in the environment (i.e. a new bridge or changes in land use patterns) may have changed conditions sufficiently to make the available data obsolete. In these cases, new baseline data must be collected. These new data allow appropriate interpretation of data collected in the future by providing a true baseline for the project to measure against, rather than measuring changes caused by regional or local environmental changes unrelated to the project. Another common objective in baseline studies is to evaluate the presence or absence of threatened or endangered species, or the suitability of the existing habitat for these species. Given that these species m usually rare, there is often little data available for a

325

particular project site. The baseline data objective in these cases is to collect site-specific data to ascertain the presence or absence of these species. 7.3.2.3.4 Study Area Description and Site Selection

Before baseline data can be collected, it is necessary to define specifically the study area. This is generally thought of as the reach of stream or river, or the lake or reservoir, that is expected to be or is currently being affected. To accomplish this step, it is necessary to know not only the actual site boundaries (the area immediately affected by the project), but also site-specific drainage patterns to account for potential impacts of runoff. In addition, delineation of the study area should consider off-site impacts, such as mad construction, additional housing, sewage and garbage disposal, water supply, and other a n c i h y activities a%sociated with the mine project. For most hard-rock mining projects, the study area will be relatively small and well defined when compared to other permitting activities, such as reservoir or pipeline projects. Once a study area is defined, the next step is to establish the study sites. The actual number and placement of sites will depend on the study objectives and coordination with other disciplines. In general terms, normal site selection would include a site or sites upstream of the project, within the project area and downstream of the project. The upstream sites serve as reference or control sites for the project and are intended to track natural cycles in populations unaffected by the project. In hard-rock mining, the project is often sited in the headwater areas, precluding the use of upstream control sites. In this case, sites would be placed on nearby reference streams. The same idea is also applicable for lakes, although reference sites can often be placed within an affected lake even if a mine project is located near the lake, since in-lake currents andor shoreline configuration often limit impacts to a specific portion of the lake.

7.3.2.3.5 Study Organisms Once the study area has been defined and appropriate sampling locations have been chosen, the next step is to determine which groups of aquatic organisms will best measure potential impacts. In general, the types of organisms that are usually studied in baseline data collection studies fall into four broad categories roughly correlated to their location in the food chain: 1.

Fish, which can include important game fish, such as trout, walleye, bass or salmon; rough fish, such

326

CHAPTER 7

as carp or suckers; and forage fish, such as minnows or darters. Aquatic Invertebrates, which can include macroinvertebrates,such as crayfish, aquatic insects, snails, clams or worms; and microinvertebrates, such as zooplankton or interstitial organisms (those that live in between the particle grains of the substrate).

organisms and other components of the environment, such as an endangered bird feeding on fish? Are there unique or unusual relationships between the aquatic organisms and surrounding wetlands? Do species use these waters during annual migrations or as spawninghursery areas? These types of questions are easy to overlook, but may dictate the study organisms as well as the timing of field data collections.

7.3.2.3.6 Literature Review Algae, which can include both periphytic algae growing on rocks or other submerged surfaces, or phytoplanktonic algae suspended in the water column of lakes and ponds. Aquatic Plants, which generally include macrophytes or the rooted aquatic plants, such as cattails, reeds, and pond weeds. In addition to these groups of aquatic organisms, aquatic habitat characteristics are often very important components in baseline data collection studies. These habitat characteristics can include measurements of substrate composition, riparian vegetation (stream or lakeside), bank structure, flow regime, and habitat typing (pool, riffle, run). Habitat has a direct effect on biological populations. In some cases, the impact of a project may not affect the organisms directly in a toxic manner, but may affect the habitat in such a way that it becomes unsuitable for the organisms. An example is the effect of sediment in streams. Sediment can be released from mine sites through construction activities, road building, tailings release, etc. As sediment accumulates on the stream bottom filling in the interstices between substrate particles, it can effectively smother the aquatic insects and thus limit the ability of the stream to produce food for fish. In addition, fine sediment can fill in spaces around fish eggs, depriving them of needed oxygen and thus limiting the ability of fish to maintain populations through reproduction. Thus, while habitat itself is not a study organism, habitat measurements are usually appropriate to provide data for defining the existing physical conditions that may be limiting aquatic biological populations, as well as to assess impacts of the project. Specific populations or habitat components that are actually included in the baseline data collection study will depend on a number of site-specific factors, such as the presence of an important recreational fishery, threatened or endangered species, or critical habitats. It is important to be comprehensive, looking specifically for unusual circumstances that may be present at a project site. For example, are there any unusual organisms present? Is the study area in a portion of a state that has not been inventoried for threatened or endangered species? Are there any unusual interactions between aquatic

Data collected in the past is always useful in both developing a study plan and later when interpreting data and looking for trends. Existing data are useful in identifying the biological groups to be sampled, delineating a proper study area boundary and defining appropriate field sampling methodologies. A preliminary review of the literature should be conducted during development of the study plan. This initial review will often be sufficient to provide information on species present and the general conditions of the study area; both key factors in study plan development. Rare species or unusual field conditions should be identified prior to sampling to avoid "surprises" that can adversely affect field sampling. In some cases, the literature review will provide adequate data for a baseline assessment and preclude the need for further data collection. However, most of the time this review simply helps point out the gaps in knowledge that a baseline study will fill. Because of the importance of recreational fisheries, there usually exists at least some general information concerning the fishery resources for bodies of water. State fish and game agencies, rather than local or federal agencies, are generally responsible for managing the fisheries for most bodies of fresh water. The state game and fish agency will often have at least some information on almost any body of water resulting from periodic surveys inventorying the fisheries of their streams and lakes. In most states, this responsibility lies within one agency and it does not require extensive searching to determine if information is available for a particular body of water. In all but the most important fisheries, this information will usually represent a one-time survey of a lake or stream and will include only a superficial look at the fish populations and perhaps only important game fish species. Still, this type of data will aid in developing a study plan. Federal and local agencies can also be potential sources of information concerning fishery resources. However, in many instances these agencies concentrate their sampling on a few specific streams or lakes that are special cases (i.e. National Parks, wildlife refuges). As such, these agencies generally do not have the broad range of information available from state agencies. Other sources of information could be private companies, utilities, or universities that may have

ENVIRONMENTAL PERMITTING conducted studies on a particuIar body of water in the past. In some cases, this information may have &en collected as part of an Environmental Impact Statement or for a Master's or Ph.D. degree and may prove to be of high quality. However, finding these data requires more effort as this type of information is sometimes not made public or has not yet been published. Information on other components of the aquatic environment, such as invertebrates, algae, aquatic plants and perhaps water quality, are usually harder to locate as they are not sampled as often as fish. Data on these components may be available from state agencies or the other sources mentioned above. However, locating existing information of this type would be the exception rather than the rule. 7.3.2.3.7

Duta Collection Sfrudegies

A number of data collection decisions will need to be made once the organisms to be studied have been chosen. Should it be determined foIIowing the Iiterature w i e w that new data are needed, the first decision is whether quantitative or qualitative data are required. Quantitative sampling of organisms generally provides species lists with defined estimates of density, usually on a per unit area basis (e.g. organisms/m* & 95%confidence interval). This is accomplished by taking multiple sample runs or replicate samples for the organisms or populations being studied. While this involves more effort in terms of field sampling, laboratory sample analyses, and data analysis, quantitative samples have the advantage of providing a measure of variability associated with density estimates. This in turn can provide data usable in robust statistical analyses to help compare study sites. Qualitative sampling generally provides species lists, but without density estimates. In this case, sampling provides relative abundance estimates (i.e. organismdsample). This type of sampling is generally conducted if the habitat is unsuitable for reliable quantitative sampling, or if defined population levels with confidence limits are more intensive than required by the study. Qualitative sampling usually entails some degree of effort directed at sampling a variety of habitats on a more superficial level. such as a "timed kick-net" sample for benthic invertebrates. Qualitative sampling generally does not provide data for normal parametric statistical tests, although non-parametric analyses may be run. The choice between quantitative and qualitative sampling is dependent, in part, on what data needs are necessary for calculation of statistics and desired biological metrics that would be used in the analysis. In many cases, quantitative replicate samples rn supplemented with a qualitative sample to help build a species list for a particular site. Another data collection choice includes the

327

time-frame for sampring efforts. The common timeframe sampling scenarios include one-time sampling, two season sampling, multiple season or quarterly sampling, monthly sampling and occasionally multiple year sampling. The choice between these scenarios will depend on the level of effort needed to describe accurately the aquatic biological communities. This will in turn depend on the quality of the existing data base, the potential level of concern for the aquatic resources present in the study area, the presence of potential threatened or endangered species, andor the potential for significant changes due to seasonal or life-history phenomena. One season sampling is adequate to dwribe the general health of the aquatic ecosystem. It is also adequate if there is high quality existing information on the study area that just needs "updating." Two season sampling is appropriate in many cases as there can be substantial changes in the aquatic ecosystem during the growing season. Also, two season sampling is probably more appropriate in systems used by migratory or spawning species like trout, salmon or sturgeon. Multi-year sampling in baseline studies is warranted only in unusual circumstances where substantiaI year-t*year variability is known to exist in the resource due to natural or induced factors such as recreational use or construction activities. All biological systems exhibit some degree of variability between seasons and between years. It is important to consider if data are being collected during it typical year or during an unusual year (Lea, the fourth year in a drought cycle). Sampling under unique circumstances should be avoided since this could bias the conclusions in one direction or another. One way to evaluate if sampling was conducted during a typical year is to conduct a longer-term monitoring study on a r e d u d scale during construction of the project. This type of monitoring helps to provide data to substantiate or modify conclusions reached during the baseline study. When developing specific data collection strategies, it is important to remember that data are almost always used in the future for purposes not part of the original study objectives, just as a review of existing studies makes use of data from other studies not necessarily related to the proposed project. With this in mind, it is prudent to make the data collected as useful in the future as possible. This generally does not involve major additions to the field methods, but rather simply better dacumentation of sampling conditions. For example, when sampling fish or invertebrates, little effort would be required to also take a water temperature reading with the time of day. Also, field notes should include general conditions during sampling, such as weather conditions, time of day when sampling started and ended, flow, turbidity, substrate composition, or other organisms observed. Any unusual phenomena should be noted, such

328

CHAPTER 7

as construction activity near or on a stream, livestock in the stream channel or a new beaver dam upstream of a site. These types of notes and simple data collection additions may not seem important, but could answer important questions that arise in the future. 7.3.2.3.8 Field

Methodologies

Field sampling methodologies will be determined in large part by the study plan objcclivcs dctailcd above and will be driven by 1) the organisms being sampled, 2) the habitat type being sampled, 3) whether quantitative or qualitative data are being collected, 4) the desire or need to match historic data collection methods, and finally 5) the requirements of regulatory agencies, such as permit conditions. However, the specific field methodologies employed should be standard techniques in common usage. 7.3.2.3.8.1 Fish Sampling The techniques used for sampling fish depend in large par1 on the siae and condition of the water body. In smaller, wadeable streams, electroshocking and seining are the conirnon techniques. These methods can be used for either quantitative or qualitative sampling. In larger rivers and in ponds, lakes and reservoirs, boat electroshocking, gill netting, trap netting, shore seining, trawling, and creel censusing are often used. Although it is not possible to collect all the fish in these types of waters, these methods can be used to determine specics composition and relative abundance. Boat electrofishing, gill nets, fyke nets and trap nets are biased to the larger fish. Shore seines and minnow traps can be used to collect smaller fish missed by these other methods. With proper techniques, such as markhecapture methods and multiple samples, these field methods can be used to collect quantitative as well as qualitative data. 7.3.2.3.8.2 Invertebrate Sampling

The techniques used for sampling invertebrates also depend on the type of water body being sampled. For stream sampling, the common samplers generally enclose a known area and have a downstream net. Organisms are dislodged from the substrate and the current moves them into the collection net. These type of samplers include the Surber and Hess samplers and various modifications of these samplers. By enclosing a known area, these samplers can provide quantitative data (numbers/m*)when replicate samples are taken. Another variation on this type of sampling is a dip net or "kick" net, which is used in much the same manner, but generally does not sample a known area. In lakes, reservoirs, ponds and perhaps slow moving sections of streams, a different type of sampler is needed. This is

usually a dredge or grab sampler, which "scoops" up a sample of the substrate. Examples of these types of samplers include the Ekman grab or the Ponar dredge. These samplers also enclosc a known area of substrate and, when replicate samples are taken, can provide quantitative data. Non-benthic invertebrates, including zooplankton and invertebrates on aquatic vegetation, require different sampling methods. Zooplankton are usually sampled with a net or a plankton "trap." The volume sampled can be determined by using the net opening and distance the net is towed. Plankton traps sample a known volume of water. Both methods can provide quantitative or qualitative data, depending on if replicates are taken. Invertebrates on aquatic plants can be collected with a dip net or with samplers designed for these habitats. 7.3.2.3.9 Implementation of Study Plan Once all of the above steps have been taken, implcmcntation of the study plan can commence. Specific dates for sampling are determined and coordinatcd with appropriate personnel from regulatory agencies and other disciplines. Personnel are trained for the sampling efforts, including development of a licld health and safety plan. Only then should field sampling be conducted and actual baseline data collected for eventual analysis. 7.3.2.3.10 Sample

Processing

Appropriate sample processing techniques should be used when processing samples collected in the field, such as bcnthic invertebrates, phytoplankton, or other organisms. Rigorous QA/QC programs are an integral part of sample processing and data handling. Assistance with sample processing protocols can be found in documents produced by data collection agencies such as the U.S. Geological Survey and the U.S. Environmental Protection Agency. Representativc mcthod documents are listed at the end of this section. In order to keep track of data collected and processed in both the field and the laboratory, a central data base should be created, again with a rigorous QA/QC program built in. The importance of error-free data can not be overstated, as the validity and credibility of all conclusions reached during the study rest on the integrity of the data. 7.3.2.3.11 Data Analysis and Interpretation As noted earlier, the specific types of data analysis techniques to be used should be determined early in the study plan development. Results of these analyses ate often integral in the development of study conclusions. Data analysis techniques must be compatible with the

ENVIRONMENTAL PERMITTING data collected. Analyses often include parametric or non-parametric statistics, ordination or clustering techniques, similarity indices, diversity indices, such as the Shannon-Weaver Diversity Index, various biotic indices or a combination of these methods, such as those used in the EPA Rapid Bioassessment metrics. As with the data handling portion above, data analysis requires a rigorous QAlQC program for review of calculations for accuracy. Interpretation of the collected data depends on a long list of factors that are specific to each project. However, there are several basic principals that should be considcrcd. The first has already b e e n mentioned evaluate if the data have bcen collectcd during a iypical year or under unique conditions. If it is felt that data were collected under unique circumstances, the typical conditions should be dcscribed. Another basic principle i s to evaluate control sites relative to the sites in the potcntially att'ected area. If there are any reasons to believe that the control sites may behave differently in the future than the affected sites, these reasons must be delineated. It is much easier and more credible to identify possible unusual relationships with the control sites during the baseline phase of a project than trying to explain differences al-ter the fact during the impact phase. In many cases, the only control sites are located upstream of the project site or on another stream and the aquatic environment may be quite different than that found at the affected sites, due perhaps to smaller stream size, higher gradients, different land use, etc. In these cases, it is important to acknowledge these differences and discuss how these differences will manifest themsehes over time. 7.3.2.3.12 Draft Report Preparation

The final stage in an aquatic biology baseline study is the preparation of the final interpretive report. The format and style of the report will be determined, in part, on the purpose of report. In other words, the report may be I ) strictly a baseline data presentation, 2) baseline information for use in impact assessment, 3) a sub-chapter for an EIRIEIS, or perhaps 4) biological evidence for use in environmental litigation. It is also important to coordinate the prcparation o f this report with the results of concurrent water quality, hydrology or other peflincnt studies. In most cases, thc report represents the only means by which others havc access to the information from thc baseline studies. Therefore, reports need to be complete and clearly communicate the purposes, methods, and results of the study. Also, the report is the only source of data for future researchers. It is important that the reports include enough detail so that current and future users can fully comprchcnd what was done and understand how conclusions wcre reached.

329

7.3.2.4 Baseline Evaluations for Blasting by S. D. Botts 7.3.2.4.1 Setting of Project Area

Early in the project development stage, a detailed survey should be conducted to identify the environmental and socioeconomic setting of the project area. With regard to environmental aspects, the survey should concentrate on the geology of the project and surrounding area. Detailed information for the geology of the project and surrounding area is critical to the accurate prediction of blasting impacts. With regard to the socioeconomic survey, emphasis should be placed an identifying. structures, both rcsidential and commcrcial, and facilities such as gas and water pipelines along with reservoirs and dams that could potentially be impacted by blasting. Any struclure within the immediate project area with the potential to be damaged by blasting should be identitied on a topographic map which shows the location of structure in relation to that of the proposed area of blasting. During this survey period, a review should bc made of any local, state, or federal regulations which regulate blasting.

7.3.2.4.2 Model Blasting Impacts There are three types of blasting impacts, the first being ground vibration created by the detonation of the explosive charge, the second being the air blast or "noise" created when explosives are detonated, and the third being "flyrock" or rocks projected away from the blasting area. Modeling can be conducted to predict ground vibration and air blast. Based on the mine plan, blasting impacts should be estimated using an appropriate modeling technique. Modeling can be done either manually or through the use of appropriate computer software. In either case, variables used to determine impact are as follows: Distance from blast to structure. Size of bIast hcing initiated. Lmgth of delays between initiation of charges with a blast pattcrn. Types of rock being blasted. Types of rock between blasting area and proposed structure. 3ased these inputs. an estimate can be made on ground vibration and air blast impacts to the structures surrounding the proposed prtiject area. A detailed mine plan is critical to the accurate prediction of blasting impacts. Detailed information is required on the size of blast holes, depth of holes,

330

CHAPTER 7

average number of holes per shot, number of shots per day, and number of days on which blasting will occur. This information will also assist in the modeling of fugitive emissions from blasting. 7.3.2.4.3 Conduct a Pre-blast Survey

A pre-blast inspection should be conducted on alI structures within the zone of potential impacts identified in the computer modeling exercise. These surveys should beconductedin accordance with United States Bureau of Mines guidelines. The purpose of these surveys is to determine the baseline condition of the structure, to record any pre-bIasting damage, and to document any factors associated with the structure that could be impacted by blasting, such as type of construction. These survey reports should include a photographic or video record of the inspection and any recommendations on any changes in the blast plan that are required to ensure the safety of the structure. The pre-blast survey should be performed by a qualified experienced contractor. A well dmumented survey is critical to the project in that it serves to determine which blasting claims are real. Even with this level of investigation, from time to time claims of blasting damage may be made against the company which are difficult to refute. A copy of the pre-blast survey should be provided to the regulating agency to assist in the determination of blasting damage. 7.3.2.4.4 Estublish Mitigation Measures After blasting impacts have been predicted by modeling, appropriate mitigation measures should be developed to reduce impacts to an acceptable level. These acceptable levels should be determined by comparing predicted impact levels to applicable regulatory limits. If no limits apply to the project, the Office of Surface Mining and United States Bureau of Mines limits for ground vibration and air blast should be applied as a safeguard. Mitigation beyond regulatory limits is directly dependent on the number and proximity of persons in the potential impact area. The presence of one close resident can justify the need for additional mitigation measures. Potential mitigation measures include but are not limited to the following:

0

0

Limiting the time of day at which blasting occurs. This can also reduce dust if certain times of day are less windy of if the wind blows in favorable directions at different times of the day. Limiting the number of blasts per day. Limiting the days of week on which blasting can OCCLU.

0

Requiring certain areas away from the property to be cleared if there is a danger of fly rock.

7.3.2.4.5 Monitoring in Accordance with Regulatory Requirements Once the impacts from blasting have been pxhcted, regulatory limits established, and mitigation measures have been chosen, a long-term monitoring program is required to ensure that blasting operations are being conducted in compliance with the terms and conditions of the operating permit. The monitoring of both ground vibration and air blast can be accomplished using a programmable blast monitoring device equipped with a seismograph and a microphone. These instruments should record and store all blast events and should be set to trigger from either ground vibration or air blast. The instruments should be factory calibrated on an annual basis. Blast monitors should be placed appropriately between the blast and the closest structure. A combination of permanent blast monitoring stations and the use of the instruments in a portable manner can often be the best approach. A detailed blasting report should be filled out by the blaster for each blast. These reports should include the following: identification number for the blast; date and time; number of holes; pounds of explosives per hole; the depth of stemming in each hole; the type of delay used; the distance to the nearest blast monitoring station; and the distance to the nearest structure. The blaster should also predict, using the "scaled distance method," the ground vibration expected at both the nearest monitoring station and the nearest residence. A designated person should review this information prior to the initiation of the blast to ensure that the shot is designed properly and that regulatory limits can be met. Data collected from each blasts should be reviewed and compared to the blaster's predicted ground vibration. Any discrepancies should be investigated. Air blasts in excess of the limits should also be of concern in that they are often the result of a "rifled" hole, a symptom of inadequate stemming or burden in the shot. All blasts should be video taped. These tapes should be reviewed to ensure that the blast went off as planned. This information along with the blast monitoring recurd should be compiled in a report for internal review and if necessary submission to the appropriate regulatory agency. 7.3.2.4.6 Additional Mitigation

Additional mitigation measures may be required after the commencement of operations if impacts are greater than expected or unacceptable to the persons residing within the potential impact zone. Actual experience has shown that operations which comply with all regulatory limits still receive complaints about blasting. Each operation must fine tune its blasting program to meet the concerns


of those affected.

7.3.2.5 CULTURAL RESOURCES by T. D. Burke 7.3.2.5.I Defining Culturul Resources Cultural resources are a nonrenewable resource consisting of the physical remains and places associated with human activities. These can include artifacts such as arrowheads, chips, and tin cans, or places and things such as bridges, mill footings, headframes, mining towns, waste rock dumps, sacred mountains, pueblos, and prehistoric archaeological sites.

331

committed legally to completing the Section 106 process before the mine project can be authorized. However, no outcome is predetermined by the Section 106 process. Reservation in-place is not mandated for any resource type under NHPA. Further, NHPA is not used for determining whether a mining project application should be approved or denied; it is a process to be satisfied on the way to mine development. The NHPA requires that a federal agency consult with the pertinent State Historic Preservation Officer (SHPO) regarding the importance of identified cultural resources as well as appropriate means to mitigate a project's effects.

7.3.2.5.3

Cultural Resources Studies

7.3.2.5.2 Pertinent Laws The U S . Congress has established various laws over the years protecting cultural resources on federal and Indian lands, although federal protection can be extended to sites on private property as well. In addition. some states and local governments have also instituted measures to protect such resources on private and other non-federal lands. This discussion pertains to federal lands, although definitions as well as many of the processes of identification, evaluation and treatment discussed here are widespread throughout the cultural resources disciplines and are often applied by other levels of government. The primary federal legislation is the National Hisroric Preservation Acf of 1966 (as amended) and its accompanying Section 106 regulations, as the latter are set forth in Chapter 36 of the Code of F e d d Regulations, Part 800 (Identification of Historic Properties). Other legislation that may be invoked includes the Native American Graves Protection and RepatriQtion Act, and the American Induuz Religious Freedom Act, depending on what kinds of remains and resources are encountered. Compliance with the NHPA and its regulations will largely satisfy requirements of the National Environmental Policy Act for determining the affected environment as well as a project's environmental consequences. Federal agencies are responsible for implementing Congress' laws and ensuring that important cultural resources are identified and protected. Agency personnel should be qualified to accomplish the necessary work but may have too many other obligations to conduct field work and analysis, necessitating the miner's use of contracted cultural resource services. Persons conducting contracted services must have prior agency approval in terms of qualifications and agency permits. The fderal agency will use a contractor's results to fulfill its legal requirements, including consultation. However, the agency may impose &fierent conclusions than those presented by the contractor. The miner should remember that the federal agency is

Cultural resources are usually investigated by persons qualified in the professions of archaeology (prehistoric and historic), history, ethnography, architectural history, or historical architecture, although various specialists in related disciplines also may become involved. Two phases comprise the essential work--inventory (including evaluation) and protection of historic properties; historic properties are those objects, sites, buildings, structures or districts eligible for the National Register of Historic Places. The NRHP is the standard or threshold used by federal agencies to define importance of cultural resources. Various levels of inventory can be defined; however, the important thing is to implement a level of inventory fulfilling the federal agency's obligation to determine whether historic properties are present in the mine project area. This is referred to as a Class IIJ inventory by the Bureau of Land Management and by some offices of the U.S.Forest Service. Inventory entails efforts to determine what, if any, cultural resources are in or near the project area as well as assessment of their importance (ie., evduation). Protection incorporates measures such as avoidance (perhaps including site burial), historical research, ethnographic research, oral history, detailed written and photographic documentation of buildings and structures, and archaeological excavations. Inventory normally includes consideration of existing documentary information regarding previously recorded cultural resources, NRHP listings, and the potential for unrecorded resources based on maps, historical documents, distributions of archaeological sites in similar geographical and environmental settings in similar areas, etc. There will also be a physical inspection of the property to establish the nature, extent and significance of cultural resources in the area. 'Ihe inspection may be accomplished by professionals such as archaeologists, architectural historians, historians, ethnographers, or a combination of such persons, who will record the resourccs using written forms, photographs, and other descriptions. Some form of

332

CHAPTER 7

limited excavation. referred to as probing, testing or by other terms. may be necessary to obtain sufficient infonnation to complete evaluation of archaeological sites. Some types of cultural resources, such as old mining towns and mining districts, can be extremely complex in terms of the number and kinds of features and artifacts to be recorded. Such sites require extensive time to document in the field and during the inventory reporting phase. A high density of standing buildings or prehistoric archaeological sites may have similar time requirements. As noted previously, historic properties normally are the only cultural resources mcriting some form of protection from a project's effects. However, the presence of a historic property does not preclude development such as exploration drilling or mine development; such presence means the fderal agency must first take the project's potential effects into account prior to allowing the mining activity to proceed. Second, the federal agency must also provide the Advisory Council on Historic Preservation (ACHP) the opportunity to comment on the project and its effects on historic properties. Under the Section 106 process, this prior consideration of potential impacts is the essence of what a federal agency must accomplish prior to authorizing the miner to proceed. The objective of the process is to seek ways to avoid or minimize damage to historic properties. This prior consideration requires time for completion that may become a constraint on the miner's plans if sufficient lead time is not allowed in planning. When taking into account the effects of a project, the federal agency also must consult with the State Historic Preservation Oflicer (SHPO) regarding adequacy of the inventory, NRHP eligibility, and protection measures where historic properties are involved. Like the federal agency, the SHPO can be a source of valuable information about cultural resources within an area. Protection of historic properties may involve avoidance through project redesign; documentation of buildings and structures by means of historical research, measurement, description and photography; historical investigations involving documentary research and oral informants; archaeological investigations; a commitment to provide future access for religious practices by Native Americans; or some combination of these or other measures. Protection measures normally will be established in a written Memorandum of Agreement signed by the federal agency, SHPO, ACHP and possibly the mining company. 7.3.2.5.4 Working With The Section 106

Process

Cultural resources must be considered at an early stage of development to limit potential time delays and to

maximize cost effectiveness. These studies must be initiated prior to the onset of ground disturbing activities such as exploration-phase drilling or road building to avoid damage to potentially important cultural resources. Thus, time will be necessary before the mining can begin for the federal agency to define the scope of work, for the miner to select a contractor (if necessary) meeting the agency's requirements. to complete the cultural resources inventory, for consultation by the federal agency with the SHPO regarding NRHP determinations, and for consultation, development and implementation of measures to minimize project-related effects to historic properties in the mining project area, if any. What should the miner expect to have inventoried? Minimally, the areas of disturbance will q u i r e investigation since the loss of integrity through destruction or through the introduction of visual or audible intrusions will constitute an adverse effect if historic properties are present. Time and cost savings may be realized during the exploration phase if the agency requires that only the access roads and pads be inventoried. However, this limits flexibility (e.g., a drill pad probably could not be moved outside the area of inventory) and may require additional start up costs if more cultural resources studies are necessary. Inventory of larger areas (e.g., block survey) may cost more initially but the miner may realize certain advantages, especially in terms of time and possibly costs. Cultural resources obviously are an "upfront" cost. These costs may not proceed apace with the miner's development of information about the value of a potential ore deposit. That is, the exploration phase of mining, with its associated risk costs (rather than investment costs of actual mine development), may be concurrent with extensive cultural resources costs, especially if the project is in an older mining district or in an area particularly sensitive for prehistoric archaeological sites. Exploration managers should assess and should budget according to the potential for complex cultural resources projects with regard to exploration schedules and costs . The federal agency determines what efforts m necessary to inventory and protect historic properties. An agency head or agency archaeologist should give direction to the miner, Many agencies have their own written guidelines regarding cultural resources studies which can be used by mining personnel to help develop scopes of work. An agency head may determine that agency employees cannot perform the cultural resources studies and may recommend that the miner obtain services of a private sector contractor to accomplish the cultural resources studies. The agencies may also have lists of qualified persons or tirms, or lists of permit holders. In any case, the agency somehow will have to approve of the persons contracted to do the work, usually accomplished by means of a cultural resources permit


issucd to the contractor. The federal agency's requirements must be understood when seeking services of a private contractor. In most cases, the agency will direct the miner to have an inventory completed. The area of 'inventory should be

7.3.2.6 Geology and Soils

clearly understood and will usually be determined by a

7.3.2.6.1.1 Introduction

federal agency based on a plan of operations or similar information provided by the miner. Inventory procedures should be established if written agency guidelines do not exist already. Potential contractors should be selected on the basis of qualifications, experience and cost. The least cost approach may not yield acceptable results. Qualifications must reflect the federal agency's personnel requirements which, in most cases, involve a graduate degree in history, anthropology, architectural history, or a closely related field for supervisory personnel in addition to certain levels of experience. Experience is extremely important and should be determined with regard to the type of work needed (e.g., inventory, testing, oral history), the resources expected in the project area (e.g., historic period archaeological sites, prehistoric archaeological sites, or both), and the history of the person or firm in completing the required work on time and in the necessary manner. Cost estimate solicitations should be based on the agency's or the miner's written scope of work to ensure comparability. In many cases this may be no more than a request for a Class I11 inventory of a specified acreage, accompanied by a map. Maps should include the project boundaries or alignments on current versions of 7.5-minute US Geological Survey maps showing topography, elevations, springs, access, etc. Contractors responding to the solicitation may list assumptions used in developing the cost estimate accounting for variations in the estimates. For example, does the contractor expect archaeological sites to be numerous or complex? Will extensive library and other documentary research be necessary to prepare a historical context to be used in site evaluation? Has a reasonable amount of time been allotted for the inventory based on expectations? Could weather be a factor affecting the timing of field work? The miner might consider incorporating cultural resources locations and NRHP evaluations into a database and digitizcd mapping system for purposes of planning and presentation. However, the federal agency must give prior approval for release of such data to the miner since archaeological site locations are confidential and are protected from public disclosure under federal law. In summary, the miner should begin early, insist on clear guidance from the responsible federal agency, understand the potential array of cultural resource types and their respective complications, and work with qualified contractors. The miner should establish a basic familiarity with the Section 106 process.

7.3.2.6.1 Geology Baseline by A. D. Cox

333

Investigation

Evaluating existing geologic and soils conditions at a potential mining development site is critical in terms of determining project requirements. Knowledge and understanding of the limitations and characteristics of the geologic setting and soils characteristics are important at every phase of a mining project from the initial planning, design and construction to the final stages of the project life when post-mining closure and reclamation are planned and executed. An understanding of the geologic setting and characteristics of the property are key to the design and placement of practically all project facilities. Geologic considerations are of utmost importance when making decisions regarding waste rock management and placement, location of tailings disposal facilities, location of processing facility buildings, ponds, ore storage and processing sites, and in the design of the mine itself (whether open pit or underground). Soils investigations are also important for collecting data which are integral to the design and placement of project components. An early understanding of soils resources and characteristics can have an effect on location of various facilities and can have an impact on construction and development plans in terms of time necessary to properly manage soil resources that are to be stripped and stockpiled for post-closure project reclamation efforts. Given these general needs for evaluating and investigating geology and soils in the project development site, a checklist of specific information and data requirements can be developed to help assure that baseline data collection efforts are complete and comprehensive in terms of both present and future needs for the project. The following sections outline the information needs; it should be cautioned, however, that this discussion is general in nature and should be augmented by a careful review of thc individual site circumstances and tailored to the specific site and the development plans that are contemplated. 7.3.2.6.1.2 Generul Considerations

Initial geologic evaluations of almost all mineral properties include a general geologic setting description of the area and region. This is to set a reference for the property in relation to other known deposits or mineralized regions, and is the basis for all other discussions or understandings regarding the geology of the project area and the impact that the general geologic

334

CHAPTER 7

setting may have on project development and future operation. All surface geologic surface mapping efforts in the planned project development area should include complete and comprehensive information on the general rock types in the area. Geological fault mapping and interpretations concerning the structural geology in the area should be documented. This will assist greatly in the early stages of the project concerning overall placement of project components such as leach pads, tailings ponds, overburden and interburden rock piles, etc. In addition, any and all data concerning geochemical and trace element data collected during the project exploration phase should be assembled and consolidated. This information can be useful in evaluating water quality information during project operations and planning during the closure stages of the project. In many cases, geochemical information collected in the early stages of the project can greatly assist in projecting water quality characteristics related to waters that either contact waste rock or processed ore materials or that m in contact with or contained within the open pit or underground mine workings upon closure. 7.3.2.6.1.3Ore Deposit Characterization Understanding of the geology of the ore body to be mined and processed is critical not only from the standpoint of the economic resource to be extracted but also from the standpoint of waste material management and insuring chemical and physical stability of mined materials. The geology of the deposit may also influence the quality of the water that comes in contact with mined or processed materials. As such, information concerning geology of the ore deposit should encompass many types of data including various rock types, their location, orientation and geometry within the mineral reserve area, and any pertinent information concerning the geology of the mineralizing system. Exploration drilling efforts, whether initial drilling phases or final deposit delineation drilling, should carefully document the oxide-sulfide zonation of the ore reserve. This is crucial not only in terms of metallurgical implications of ore processing, but also in terms of waste rock management that may be requlred during active mining operations to assure that oxidation of sulfide waste materials is minimized or managed such that acid rock drainage (ARD) generation does not becomc a major issue. In ore deposits where there is zonation or intermingling of oxide and sulfide materials, it may become critical that materials are physically managed or segregated such that sulfide oxidation is controllcd or minimiLed. Detailed discussion of ARD issues are discussed in Section 7.2.1. Sample collection and preservation methodology for drill cuttings and rock samples collcctcd during drilling

and bulk sampling efforts should be carefully reviewed to assure that the materials are stored or otherwise preserved such that they can be used for future investigative needs. Additional rock geochemistry evaluations may become necessary during the project and materials obtained from original ore deposit delineation efforts may become invaluable to reduce the cost of re-sampling or re-drilling areas that already have sample materials available. Preservation and storage techniques for these materials should be reviewed to insure that sample integrity is assured for future investigative work. As an example, core materials from sulfide zones within the deposit may be valuable from the standpoint of evaluating acid generation characteristics and any resultant mobilization of heavy or trace metals from waste rock materials. Core used for these purposes would need to be preserved and stored such that oxidation of sulfides within the sample is minimized until test work is undertaken. 7.3.2.6.1.4Seismicity Evaluations

All mine development projects, regardless of location, should undergo review and evaluation for potential seismic activity and the possibility of project impact. Facility component location, as well as design and construction, will be weighed and evaluated on the basis of historic seismic and earthquake activity in the area. In many locales, a certain amount of information on regional seismic activity already exists. As such, one of the first steps in completing a seismic baseline evaluation of a project would be to conduct a thorough literature review. This information will usually provide information concerning historic epicenter and earthquake magnitude data for the region which will result in some expectations concerning the relative seismic activity that can be expected. On a more localized project basis, aerial photography can prove valuable in terms of air photo interpretation of geological faults, slides, etc. which can be used to arrive at decisions regarding facility siting and location. This information can also be useful in determining the potential for natural material instability or liquefaction in certain areas should a significant seismic event occur. Again, facility siting decisions can be affected by this type of seismic related data. 7.3.2.6.1.5Physical Soils Characterization Physical characteristics of soils materials at the development project site can have a significant impact on decisions relating to building site and project component location. In most cases, it is important to characterize the general shrink-swell capabilities of in-place soils as well as developing plasticity indexes for different soil types in the immediate project site. With this information in hand, siting decisions for project components can be made during the project development

ENVIRONMENTAL PERMITTING stage and can also effect placement of facilities in relation to post-closure and abandonment of the property after ore reserves are depleted and project reclamation is undertaken.

7.3.2.6.2 Soils Baseline Investigations by D. Williams

7.3.2.6.2. I General Considerations Natural soils, because of their superior chemical balance, exchange complex, tilth, biological activity, etc., m generally considered superior to waste rock and other alternative materials for reclamation. For this reason, soils are commonly salvaged and reapplied over waste rock, tailings, and disturbed areas as a key aspect of reclamation. Developing information concerning the amount of soil required to be salvaged, the manner in which soils must be handled, and the inherent limitations and consequent amendment requirements of the soils, and other key soils characteristics are the major objectives of baseline soil investigations. 7.3.2.6.2.2Baseline Investigations

The level of detail required in soil baseline investigations is dependent upon the scope of planning questions. Therefore, before defining the scope of soil investigations, the information required from the soil survey must be defined. By defining first the information required, the soil survey and associated investigations m focused, resulting in a more cost effective soils baseline study. Soil surveys can be made at several intensities. The procedures, standards, and purposes are discussed in the Soil Survey Manual, US. Department of Agriculture (USDA). Because most mineral development projects are relatively land intensive (most of the disturbance area is concentrated into a few key areas), a relatively high level of precision is required concerning soil characteristics such as depth and horizonation so that mine a d reclamation planning can be meaningful. For this reason, detailed soils information is normally required for the area within the immediate vicinity of the proposed mine and associated facilities. This level of soils information is not normally available from public resource agencies such as the Soil Conservation Service, U. S . Forest Service, or Bureau of Land Management, and must be acquired by the project developer. Besides obtaining detailed information concerning soil depth and location, soil investigations characterize productivity limitations such as rockiness, particle size, soil structure, water holding capacity, salinity (electrical conductivity), sodicity (sodium adsorption ratio), organic content, and fertility (nitrogen, phosphorus, potassium, and micronutrients). These characteristics, interpreted by

335

a reclamation scientist, form the basis for understanding the inherent productivity potential and limitations of existing soils, and for defining reclamation strategies. More detailed descriptions of sampling procedures, analytical methods and results interpretation and significance are provided in Williams and Schuman (1987). Chemical and physical soil characteristics a~ normally defined by soil taxon (Soil Taxonomy, Soil conservation Service USDA, Ag. Handbook No. 436). Characteristics are normally defmed by a range of characteristics that are based upon a number of samples collected from "modal" (concept) examples of the taxon within the mapped area. When interpreting the significance of soils information it is critical that it be kept in mind that soils are a multidimensional continuum, and that outliers of the modal soil may in fact predominate. Gold mapping unit descriptions, however, overcome this problem by defining the range of chemical and physical soil characteristics. These thresholds. if known prior to the onset of investigations, serve to focus the investigation to ensure that meaningful information is collected for reclamation awl land use planning. Examples of soil chemical and physical thresholds are available from most agencies responsible for mine regulation. 7.3.2.7 Ground Water

by A. Brown

7.3.2.7. I

Zntruduction

For a useable ground water resource to exist there must be two factors present: availability of the water (quantity) and utility of the water (quality). Accordingly, the baseline characterization of ground water resources at a mine site involves evaluating both of these aspects.

7.3.2.7.2 Ground Water Quantity Baseline Studies

The availability of ground water depends on a wide range of factors:

Sources. The ultimate source of ground water is recharge from precipitation or surface water bodies. If recharge in the vicinity of the project is large, then the ground water resource which is available will also be large. In addition to recharge, ground water can be obtained by depleting storage within the subsurface system. Accessibility. For a ground water resource to be useable it must be accessible. This is determined by the nature of the material in which it is located. For saturated granular materials, ground water is generally available in usefuI quantities, provided the material is of sand size or greater.

336

CHAPTER 7

For saturated rock materials, accessibility depends on the primary conductivity of the rock material itself, and the permeability of the fracture system. Only a few rocks have significant primary permeability, so accessibility in rock materials is largely a function of fracture permeability. The importance of the resource depends on the quantity of the resource, the use of the resource, and the availability of an alternate water supply. These factors may have an impact on the permitting process, particularly in areas where the ground water system provides the only available potable water, a common situation in the western United States. The information required to develop a baseline of the quantity of ground water can be divided into the direct flow baseline, indirect flow baseline, and storage baseline.

7.3.2.7.2. I Direct Flow Baseline Studies The amount and availability of ground water is indicated by the prcscnce (or absence) of evidence of ground water emerging from the subsurface domain. These indications provide both a measure of the condition of the ground water system (both for quality and quantity), as well as an indication of the amount of ground water which is available for consumptive use (other things being equal). Observation of the hydrologic features described below provides important direct flow baseline information. Wetlunds. A wetland is, in general, a location where the ground surface is at or close to the water table. Knowledge of the presence, nature, and persistence of wetlands in the pre-development condition is a critical element of the ground water baseline (and of the surface water baseline). From a ground water perspective, baseline information which is required about wetlands includes area, dcpth of water, evaporation rate, vegetative types, catchment, inflow, outflow, and water level.

purposes includes flow, location, evaporative area, evaporation rate, vegetation types, aspect, and use. Streams. Some streams are perched above the ground water system, and can supply water only to the system. Most streams, however, are in direct contact with the underlying ground water system, and provide water to that system when perched, and receive water from ground water when the stream elevation is lower than the ground water table. Baseline information that is important from a ground water perspective includes flow, slope, bed material, aspect, vegetation, and evaporation rate. Ground water flow to and from these features can be directly measured or readily estimated. Information about these features is therefore critical to ground water system baseline studies. In general, one of the first signs of mining-related impacts to ground water is observed as changes at these points of ground water egress. Direct flow conditions are generally very time sensitive. Therefore a baseline survey should evaluate flows and conditions at the relevant locations frequently. Monthly measurements for a full annual cycle are gcnerally necessary to capture the full variability o f the flow system. Monitoring locations which are indeed indicative of ground water conditions should show more stability in flow than locations where the surface water component is significant.

7.3.2.7.2.2 Indirect Flow Baseline Studies Ground water flows occur below the ground surface, and therefore cannot be directly measured for flow or quantity, other than at the points of egress (and sometimes at the points of ingress). For this reason, indirect measurement of ground water flows is an important part of a ground water baseline study. Ground water flow may be estimated by the following methods.

Lakes. Lakes are generally locations whcre the local ground water table is above the local ground sudace, and drainage from the location is restricted or non-existent. As such, lakes often provide an opportunity to evaluate the ground water system. Baseline information about lakes for the purposes of ground water evaluation includes area, depth, evaporation rate, inflow, outflow, and water level.

Water balance. Ground water flow can be estimated by water balance methods (Driscoll, 1990). This approach requires estimating the inflows to the system (infiltration, seepage hom surfacc water featurcs, gains from storage, and injection), and estimating outflows or losses from the system (production from wells, losses to surface water features, and losses to storage). If done carefully, it is possible to estimate ground water flow using this approach; both the inflows and the outflows provide independent estimates of ground water flow.

Springs. A spring forms at a location where the water table exits the ground surface, and the topography is such as to allow drainage from this point. Springs are often sensitive indicators of the nature and condition of ground water flow systems, and are therefore an important part of any ground water baseline evaluation. Baseline information from springs which is important for baseline

Aquiferflows. Ground water flow can be computed from Darcy's Law (Darcy, 1856). The flow is determined by the head gradient, the cross sectional area of the flow, and the hydraulic conductivity of the material through which the flow is occurring. Although this is an attractive concept for measuring the baseline flow in a ground water system, it generally is of limited application in


most baseline studies, due to the difficulty of measuring the conditions at enough points to provide confidence in the flow computations. Analog. The analog approach to estimating ground water flows combines both of the above methods. An analog of the ground water flow system is constructed using the approaches outlined in Section 7.2.3, and the available information on surface flows and subsurface parameters is input into the analog. After calibration, the analog provides information about the probable pre-mining flow conditions in the aquifer. In general the use of all the known data on ground water provides an adequate level of confidence that the baseline conditions are correctly described by the analog. Indirect flow conditions change relatively slowly. As a result, it is generally adequate to measure the parameters which controi ground water flow onIy once i n a baseline study. The exception to this is ground water elevations. These may change rapidly, particularly i n shallow aquifers, and should be measured at least quarterly for a year to develop a basclinc set of information.

7.3.2.7.2.3Aqugkr Storage Baseline Studies

The storage available in the system is the amount of water that can be removed from system storage. In locations where the water stored in the aquifer is an important source of water, this can he estimated by considering the ground water available by desaturating the aquifer. The quantity of water that would in fact be available (leaving aside considerations of the impact of desaturating the aquifer) can be computed by the volume of the aquifer, multiplied hy the drainable porosity of the aquifer. Measurement of the drainable porosity of the aquifer is difficult in field situations, so values of 10%-25% for granular aquifers, and 0.5%-5% for rock aquifers are generally appropriate for estimating ground water availability from this source (Walton. 1970). 7.3.2.7.3 Ground Water Quality Baseline Studies

There are two principal issues with respect to developing ground water quality baseline data for mining projects: characterizing the existing ground water quality, and determining the sensitivity of the ground water system to change.

7.3.2.7.3.1Warer Qualio Sampling Characterizing ground water in the vicinity of a mining project involves collecting ground water samples and analyzing the samples for water quality parameters. The

337

locations from which ground water samples should be taken in a project is particularly project-dependent; however some guidelines can be stated: The sample domain should recognize the three dimensional nature of ground water flow systems; while the majority of samples should be taken near the surface, some samples should be taken from depths up to 1.5 times the depth of the proposed mining project. Sampling should favor the materials which provide the greatest ground water resource; in particular saturated, near surface granular materials should be sampled with sufficient frequency to allow full characterization of these generally high-value resources. Sampling should favor the materials with the highest permeability; these materials are the principal conduits for both water and dissolved species. Sampling should favor downgradient locations over upgradient locations LO ensure that background conditions in the locations which may be impacted by mining activities are appropriately recorded. It should be noted that the mining project may change the positions of "upgradient" and "downgradient" locations. Consideration should thus be given to conditions during mining and after reclamation, arad not only the pre-mining condition.

Sampling frequency. Sampling frequency is a difficult issue for ground water quality baseline studies. In general, natural ground water quality does nut change significantly on a seasonal basis. However, there are a range of classes of ground water conditions which do show seasonality (for example in or near acid generating materials, near salt-water intrusion areas, and near intermittent streams). Accordmgly, it is generally prudent to collect a minimum of quarterly samples for a year for ground watcr baseline purposes, and to evaluate the extent to which the values change. Thereafter (if the baseline extends beyond that point), annual or semi-annual data collection may be justifiable. Sampling parameters. Selecting the appropriate sampling parameters in a ground water quality baseline study is to some extent project related, and to some extent mandated by the need to obtain a comprehensive baseline, regardless of what the species of interest may be. Accordingly, it is normal for the first year of baseline sampling to collect information on a wide range of parameters, and to reduce the parameter set to a more project-specific list when the initial baseline has been perfOImed. The parameters that are generally sampIed for in a baseline evaluation include the following (Hem, 1990):

338

CHAPTER 7

Gross parameters. These include pB, Eh, conductivity, temperature, total dissolved solids, total alkalinity, total acidity, and hardness. Major ions. These include the major cations (calcium, magnesium, sodium, potassium) and the major anions (sulfate, chloride, nitrate, carbonate, bicarbonate). In some projects, other ion groups may be significant (fluoride, arsenate, silicate), and these ion groups may be part of the baseline for this reason. Metals. In many mining-related baseline studies, the metals that are associated with the orebody are of critical importance to the baseline evaluation. Such metals may include iron, manganese, copper. zinc, lead. mercury, silver, and (possibly) gold. In general, the mobility of these metals is a function of pW and Eh. The importance of monitoring these constituents may vary as a function of distance from the orebody.

Other constituents. In some cases other constituents may turn out to be critical. for example cyanide, chromium, selenium, uranium, molybdenum, and the rare earth elements.

Radionuclides. Radionuclides constitute a class of elements of concern for uranium mining and some other mine types. In this case, it is important for the principal element and the decay chain elements to be tested for, in order to obtain a baseline of the pre-development conditions. Organics. The organic constituents of ground water can be important if there is pre-existing contamination at the site. It is very rare to find any significant organic constituents in virgin mining projects. However if the project is located at a site previously used for industrial activities, then a baseline sweep for hazardous organic compounds is essential in defining the extent to which the site was contaminated prior to the current use.

In summary, a baseline sampling program for water quality at a mine site should include a set of wells that interrogate the three dimensional ground water system; should perform quarterly water quality sampling; should analyze parameters which characterize the full spectrum of the ground water system, while concentrating on the species which would be released from an upset at the proposed project; and should identify parameters which define the pre-development condition, regardless of future use.

7.3.2.7..3.2Sensiriuiiy Characterization The final water quality baseline issue i s defining the sensitivity of the ground water system to changes. Some

systems are insensitive to ground water quality changes, having a high capacity to modify the chemistry of the water passing through them, wluch renders these systems relatively insensitive to rnining-induced changes. Other systems have essentially no capacity to change the quality of water which passes through them, and are therefore more sensitive to potential degradation due to mining. The significance of project-related changes is in considerable measure a function of the nature of the system in which the project is located. Sensitivity of a ground water system depends in large measure on the nature of the host material, and can be evaluated by determining the capacity of the system with respect to buffering, neutralization, oxidation or reduction, ion exchange, dissolution. and biological activity. This evaluation is extremely site specific, and the investigation requirements should be determined based on site conditions. Tfie evaluation influences the extent to which mine-related impacts pose a threat to the quality of ground water in the vicinity of the mine. For sensitive mine settings, the requirements for environmental protection measures to be built into the mine plan may be greater than for settings with a greater ability to protect ground water quality against the effects of excursions from the project.

Noise by S . Botts

7.3.2.8

7.3.2.8.1

Establish

Setting

Noise baseline studies should start by performing a detailed survey to identify the environmental and socioeconomic setting of the project and surrounding area. This survey should be conducted early in the project development stage and should focus on identifying potential sensitive noise receivers. This involves determining the number of residences and population densities around the project area. For the most part, these sensitive receivers will be residences, although schools and hospitals, and certain types of commercial establishments may also qualify as sensitive receivers. This survey will also provide data for evaluating other impacts such as blasting. A topographic map should then be created which shows the identified sensitive receivers in relation to the proposed project. During this evaluation period a review should be made of any regulations, zoning etc., which regulate d noise in the project area Many communities a counties have such regulations. 7.3.2.8.2

Establish Pre-Project Nuiss Levels

A series of extended noise surveys over multiple days should be performed within and around the areas with sensitive receivers. Careful thought should go into the placement of the noise monitoring equipment. Detailed


information should be collected about each monitoring location such as distance from any major noise source (roads) and any other nearby existing or potential noise sources. Care should be taken to avoid non-representative local noise sources within the area of sensitive receivers. Instruments used in the surveys can be mounted on a variety of structures such as telephone poles and power poles. Windscreens should be used on the microphones. The instruments should be protected within steel security cases and chained to the structures to which they att attached. A 110-volt power source is usually required, although battery-powered equipment for use in remote sites is available. The noise dosimeters used in these surveys should be programmed to measure and store the energy averaged A-weighted sound level for each hour of the measurement period. Additionally, for each hour, statistical exceedance levels should be collected for each hourly period. These statistical data will be used to determine the ambient background noise levels in each area monitored. Noise dosimeters used in the survey should be consistent with the type 1 specifications for precision sound level meters as described in ANSI specification S1.4. These instruments should be calibrated prior to and after each of the monitoring periods. Data collected from each instrument can be down loaded into a computer, and specialized software used to process the data. Data collected should be plotted as hourly exceedance levels and hourly averages for each full 24 hour period at each monitoring location. Data should be summarized in tabular format by measurement location in terms of day, evening, and night and community equivalent noise levels (CNEL) for weekday and weekend periods. The analysis of data will provide the ambient sound levels for the various areas measured at different times. 7.3.2.8.3 Model Noise Impacts Estimated noise levels for equipment expected to be used at the project should be collected from manufacturers and/or from actual equipment operating in the field. Data should also be collected on mining equipment which has been especially designed for noise reduction. This data may be useful in the design of mitigation measures for the project. Estimated noise levels are then input into the appropriate noise modeling software, several types of which are commercially available. The noise levels are converted to sound pressure levels and are used by the computer program to calculate noise level contours. Depending on the type of software used for modeling, the computer program can evaluate the following variables: distance of the source to the receiver, shielding by terrain, atmospheric attenuation, ground attenuation, attenuation by vegetation, and wind and temperature gradients. Generally speaking, the greater input of

339

variables provides for a more accurate prediction of noise levels. Projected noise levels should be evaluated for various stages of the project due to the changes of topography and levels of mining activity that can take place during the life of the mine. 7.3.2.8.4 Predicting Noise Impacts Based After the noise level contour map has been generated, an assessment can be made as to the number of receivers which will be affected. An evaluation can then be made as to the degree of impact (i.e. the change from baseline). These evaluations should be conducted for day, evening, and night periods as the ambient and project noise from the project will be different for each time period. Predicted noise levels can also be compared to any noise regulations which may apply to the proposed operation and affected community. Predicted noise levels should be compared to guidelines and recommendations on acceptable noise levels published by applicable regulatory and scientific sources. These guidelines and recommendations will provide a more realistic impact assessment than just a numerical calculation of noise increase or a comparison of predicted noise levels to regulatory limits. 7.3.2.8.5 Establish Appropriate Mitigation

Based on the level of noise impact and regulatory constraints, appropriate mitigation should be developed. There are numerous ways to reduce noise impacts to sensitive receivers. The most straightforward of which is to reduce noise at the source. This can best be accomplished by using mining equipment designed with noise reduction in mind. Engine powered heavy equipment can be ordered and equipped with the following noise reducing features: high performance mufflers, air intake silencers, specialized cooling fans, and acoustical absorption material within the engine compartment. Selection of haul truck drive mechanisms is an important factor. Electrically driven trucks can be much louder than mechanical versions of the same size due to the braking systems employed on the electrical models. Backup alarms used on mobile heavy equipment can be one of the most objectionable and imtating noises generated at a mine site. Federal and state safety regulations require that these alarms be designed to produce 85 to 90 dEiA at 50 feet from the equipment. Due to the higher frequency of sound generated by these alarms, the backup alarm noise can easily be distinguished from other ambient noise sources, even if the sound level of the alarm is less. Strobe lights should be considered for night time operations i n lieu of acoustic alarms. The strobe lights can be switched on and off by the equipment operator at

340

CHAPTER 7

the appropriate hours. Radar controlled back up alarms are also available. The alarms employ a sensor which detects the presence of objects behind the equipment only turning un the alarm when an object is detected. Any of these alternate back up alarms must be acceptable to the federal and state agencies which regulate the facility. Electrically powered fixed equipment such as crushers, scrubbers, and compressors can best be controlled through motor selection, and screening. Lower RPM motors for this equipment should be selected if possible. Noise from generated from conveyors can be reduced through the use of enclosed rubber lined hoppers and transfer chutes. All equipment used in the proposed operation should be placed in a position to take maximum advantage of natural screening by terrain. The mine plan should consider noise generation. For example, when mining into a hill or mountainside, mining should begin on the least inhabited side first, if possible, to allow for screening, versus a top down approach where noise will radiate in all directions. Once mining progresses below the pit rim, there will be less noise generated due to screening created by the pit. The mining schedule may also have to be adjusted to reduce impacts in the evening and night periods when ambient noise levels are generally lower, with night being the lowest. Reduced levels of overall activity, the elimination of noisy pieces of equipment, or not operating in particularly exposed areas are all options which should all be considered. Once mitigation measures have been selected for the operation. another modeling effort should be performed to predict the noise impacts from the mitigated operation. If these impacts are not acceptable further mitigation will be required.

7.3.2.8.6 Implement Long-Term Monitoring Once impacts have been predicted and determined to be acceptable, permit conditions for the operation must be negotiated and consideration given to a monitoring program that will determine if the operation is in compliance with its operating permit. The operating permit may contain performance andor prescriptive standards. Prescriptive standards, for example, may contain conditions that certain pieces of equipment not be operated during the nighttime period, whereas a performance standard might contain a provision that noise generated by thc mine not exceed 45 &A at the property boundary during the night. Monitoring for compliance for the prescriptive standard is straightforward whereas monitoring for the compliance with the performance standard can be extremely challenging. Standard noise monitoring equipment such as those uscd in the baseline evaluations cannot readily distinguish mine generated noise from non-mine noise, and this can lead to regulatory problems in determining compliance.

Tape recorders which are activated at preprogrammed levels can be attached to this standard monitoring equipment. These tapes can then be interrogated to determine what noise caused the elevated noise levels. This, however, is an extremely time consuming process. Careful consideration should be given to the standards agreed upon to make sure that the operation can comply and monitor compliance with the standards.

7.3.2.9 Socioeconomic Assessment by G. Blankenship, L. E. Levy, and R. Dutton 7.3.2.9.1 Socioeconomics in Environmental Permitting

Socioeconomic studies for environmental permitting of mining projects have to do with people and human organizations, institutions, community infrastructure, customs, values, and social well-being -in other words, the “human environment.” The requirement for socioeconomic assessment imposed by federal and local government agencies who lead permitting processes derives from h e National Environmental Policy Act (NEPA) and the implementing guidelines and regulations of the Council on Environmental Quality (CEQ). In Sec. lOl(b)(2), NEPA requires considerations that “.. . assure for all Americans safe, healthful, productive and aesthetically and culturally pleasing surroundings.” CEQ guidelines of 1973 bring socioeconomic issues directly into the picture by stating that, “Secondary or indirect .. . consequences for the environment should be included in the [environmental impact] analysis.” and calling out such consequences as population and economic growth and their effect on land use, water, and public services. Although the 1978 CEQ regulations say that “economic or social effects are not intended by themselves to require preparation of an environmental impact statement,” they do require that socioeconomics be considered whenever an environmental impact statement is prepared. This requirement is reflected in the guidelines and regulations for impact assessments utilized by virtually ail public land and resource management and administrative agencies likely to be involved in the permitting of mining projects. 7.3.2.9.2 How Mining Projects Affect the Socioeconomic Environment

Mining projects can produce positive and negative socioeconomic effects. Potential positive socioeconomic effects of mining projects are largely economic. Potential negative socioeconomic effects of mining projects may be economic, too, but they also may include conflicts over lifestyles, attitudes, and opinions. On the positive side, mining projects provide new jobs and stimulate

ENVIRONMENTAL PERMITTING economic activity through the project’s own purchases of goods and services and through payrolls to local employees, who in turn also purchase goods a d services. Local and state government also may benefit from taxes paid by the mining project and its employees. An enriched economy and increased government revenues can result in social benefits as well, through growth in locally available consumer goods and services, or new and improved public facilities and services. The most common of the potential negative effects of mining projects are the short-term bursts of growth and decline associated with the “boom” or “bust” phases of the mining project life cycle. This typically occurs in smalland medium-sized rural communities when a single mining project is large in comparison to the Iocai economy in terms of jobs created and income generated. The boom part of the cycle creates negative impacts when project-related growth outstrips the ability of a community to provide housing and public infrastructure. The problem often occurs because of, or is compounded by, the fact that offsetting positive effects, such as local tax revenues, do not flow until after project-related growth has already o c c d and imposed its costs. The bust part of the cycle creates negative impacts when mining projects close and mining employees leave. Both private and public sectors of a community suffer losses of revenue when a mining project closes and communities that have added capacity to accommodate a mine work force are left with underutilized facilities and insufficient revenue for mainienance and operations. In extreme cases in small rural communities, where mining has dominated the local economy, mine closure can mark the beginning of a descent into “ghost town” status.

-

7.3.2.9.3 “Quolity- uf Life” Effects An elusive but important type of potential negative effect occurs when social conflict threatens to emerge over a proposed mining project. These effects are often referred to as potential “quality-of-life” effects, in contrast to the standard effects on a community’s population, economic base, public services, and fiscal resources. Although resistant to facile quantification and less easily characterized than potential economic, demographic, and fiscal effects of a project, the potential for quality-of-life effects on the social environment is increasingly a crucial stumbling block for mining projects seeking permit approval. Community conflict over a mining project may have many points of origin. The conflict may center on activities perceived as competing with the project for use of land, labor, or other resources. Such uses may include residential development (including second home development), tourism, and recreation. Conflict also may focus on the perceived potential for conflict between the mine work force and the existing population. Such

341

conflicts may emerge over perceived differences in lifestyles, attitudes, and opinions between existing residents and mine-related immigrants. Finally, conflict may emerge over the perceived potential for negative effects to community social structure and organization due to the growth and change induced by the mining project. This potential is especially large when the project work force is large enough to represent a significant bloc of the population. Potential conflicts between mining projects and competing land uses, economic activities, social values, and social structure, are often apparent. However. widely accepted methods for analyzing and quantifying the impacts have yet to be developed. Nevertheless, they must be addressed because in recent years more and more mining projects have faced their most significant controversies over quality-of-life effects instead of standard effects. The growing need to consider, assess, and perhaps proactively manage potential quality-of-life effects has added new dimensions to the baseline socioeconomic data requirements for a mining project facing the permitting process. 7.3.2.9.4 Baseline Datu Requirements

The scope of baseline socioeconomic data for a mining project necessarily includes detailed information about the mining project itself. Information needed about the proposed project includes detailed economic, labor force, and land use estimates. Also needed are other estimated effects of the project on air, water, visual, aesthetic, and biological resources in the local environment. A minimally adequate profile of the project should include a relatively detailed timeline for construction, including a projected date for commencement of operations. The construction and operations work forces should be profiled in terms of numbers of workers by occupation, craft or skill, by wage category, and by union membership status. Detailed information is required on the timing and level of project spending. Spending projections must include expenditures for both capital purchases and the purchase of equipment, materials, supplies, and services. To estimate the distribution of benefits due to direct project spending, it is also useful to collect a distribution of vendors by geographic location. Information on project management policies also is useful. This includes stated or intended practices in the areas of local hiring preferences, shift scheduling, and company sponsorship of transportation or housing. 7.3.2.9.5 The Scope of Data

When defining the scope of data to collect about the study area, one considers the relationship of the project to the socioeconomic context. A number of questions

342

CHAPTER 7

must be answered. What geographic area should be included in the study area? Which socioeconomic topics must be considered? How much effort should be given to data gathering and analysis of each topic? Which analytical methods will be used, and what data do they require?

To answer these questions adequately, it is important to conduct a preliminary reconnaissance of the area around the proposed site to obtain community size, distance from the project site, size of available labor pool, a rough outline of the economic base, capacity of existing infrastructure, and a general reading of prevailing attitudes toward mining projects. The preliminary reconnaissance helps to anticipate the level of potential impact. For example, if a mining project with a relatively small work force (50 to 60 operations workers) is proposed for siting 20 to 30 miles from a community of 20,000 or more, one would expect little population growth and, as a result, a small impact on housing and local government. On the other hand, a large project within commuting distance of several small communities would potentially cause impacts in all communities.

7.3.2.9.5.I Study Area In geographic terms, the study area is an aggregation of the places, jurisdictions, and service areas potentially affected by the proposed mining project. The units to include usually are defined as being within commuting distance of the project gate, as measured in road miles and adjusted for local transportation and weather factors. Plans by the project or the ability of others to develop housing or temporary living quarters near the project site can limit the geographic spread of impacts. Other adjustments to the study area may be dictated by data availability, local concerns, and governmental mandates. Sometimes the study area concept is two-tiered, the first tier being a region large enough to contain most of the expected potential impacts and the second tier being the locality expected to bear the greatest population impact.

7.3.2.9.5.2Topics to Consider Preliminary reconnaissance assessment should consider every socioeconomic topic and evaluate its potential vulnerability to impact. However, the scoping process may show that some aspects of the socioeconomic environment are less susceptible to impact than others. For example, the existing social environment may be less prone to conflict over a new project where a number of mines already exist, unless there is something unique about the new project to touch off controversy. Aspects of the socioeconomic environment found less vulnerable to impact may be given less scrutiny and occasionally may be omitted from the study altogether, given the

concurrence of the lead agency.

7.3.2.9.5.3Level of Effort The appropriate level of effort accorded each aspect of the socioeconomic environment depends on its potential vulnerability to impact. This in turn depends on the size and characteristics of the project in comparison to those of the study area. For example, if a mining project will employ relatively few persons in comparison to the existing local population, it probably is not necessary to conduct a detailed inventory of housing availability, or to go to great lengths to quantify the capacity of community facilities and services. The reverse may be true if the same mine were placed near a very small community.

7.3.2.9.5.4Methods of Analysis An array of analytical methods is available for each socioeconomic topic ranging from the simple to the complex in terms of data requirements and application. Vulnerability to potential impact is the main criterion in choosing an appropriate method, since each method will require a certain level of effort to implement. For example, economic impacts may be estimated by using multipliers readily available from general-purpose tables or by using complex and customized economic-demographic models. Where population impacts are expected to be small and the local environment is seen as robust, using the multiplier approach may suffice. When the Iocal environment is presumed to be more sensitive to population impacts, the more complex approach may be required. Although elaborate models do not guarantee accuracy, a rigorous process requires thc expIicit identification of assumptions and linkages among various aspects of the project environment. This in turn tends to improve the quality of the estimatcs and enhances their credibility among reviewers and interested publics.

7.3.2.9.6 Baseline Economic Data Baseline data describing the local population and economy drhe the socioeconomic study. In all but the most extreme cases, baseline demographic and economic data may be obtained from secondary sources. The U.S. Bureau of the Census is the main source for secondary data on the size and characteristics of the population. State and sometimes local government agencies may also produce demographic information. Total population from the three or four most recent past decennial censuses will illustrate how the population has changed over time. Population may be presented for the county or counties and other places

ENVIRONMENTAL PERMITTING within the study area to the degree that they are available in the census reports. Estimates of total population for the years since the last census are available from the Census Bureau and often from state and local governments. When inter-censal estimates are not available, which is often the case in rural areas, local population may be estimated by using housing stock and occupancy data or utility service data. The most recent decennial census is often the only available source of information on detailed demographic characteristics such as age, sex, race, and ethnicity. These may be available for counties and a few places. Inter-censal information on detailed demography usually is not available. If it is required, this information must be estimated. The U.S. Bureau of Economic Analysis [BEA) is the main source for secondary data on local economic activity down to the county level. The BEA has prepared annual estimates of income (including total personal income and per capita income) and employment by industry far every county in the U.S. since 1969. However, there is an almost two-year lag in the release of BEA data [i.e., 1993 data will be available in 1995). More recent information on employment and income, plus information on labor force size and unemployment, is available from the state employment agency. The decennial census also provides detailed information on personal, household, and family income, plus detailed worker characteristics such as occupation a d commuting. However, census information becomes increasingly out of date as the decade progresses. In any case, care must hc taken in comparing census, BEA, and state employment data because many similar concepts are in fact defined quite differently. Often, secondary sources of economic data must be augmented by primary research. This may consist of interviews with officials in the key industries of the study area. The purpose of the interviews is to develop a more thorough understanding of the activities that dominate the study area’s economic base. Information collected from local sources also may help localize county data to the community level, if necessary. 7.3.2.9.7 Housing Data Requirements The housing information needed to assess availability for future population growth, including growth associated with the proposed project, is collected in terms of an inventory of housing or a housing count, housing values, and occupancy or vacancy rates. Housing data are available from the decennial census, but local housing information from government or private agencies is likely to be more accurate and reliable. Where housing data are not readily available, it may be necessary to collect the required information directly. This usually

343

involves a survey of real estate agents, a p m e n t s , mobile home parks, hotels, and motels. An alternative is to interview local utility personnel (e.g.. power, water, sewer, or telephone) or to review the classified advertising sections of local newspapers. When inventorying housing, it is important to keep in mind that housing types appropriate for construction workers may be different from those appropriate for the longer-term operations phase workers. While the latter may buy or rent houses, construction workers may prefer accommodations in hotels and motels, or require space to park their own travel trailers or recreational vehicles because they may only be needed on site for a few weeks or months. In communities where housing is in short supply, the potential to expand housing supplies should be assessed. This can be done by inventorying the supply of appropriately zoned Iand and evaluating other conditions that facilitate housing development. For example, is developable land served by or within extension distance of access roads and water and sewer mains? How much lead time is required to obtain the needed permits to construct housing? Are there investors, developers. and construction contractors interested in and capable of developing new housing? Information on these characteristics may he assembled to evaluate whether local housing supplies can expand to meet new demand. 7.3.2.9.8 Infrastructure Data Requirements

For mining projects anticipated to have a large work force, it is advisable to inventory community facilities and services. The conventional facilities and services to be inventoried are schools, public water and sewer, fire protection, law enforcement, ambulance and other emergency responders, courts, criminal detention facilities, hospitals, parks, other recrcation facilities, and general government facilities such as county court houses and city halls. Increasingly, human service agencies and facilities are seen as “ h n r line” agencies in the local government response to growth. Agencies in this category cover child care, social services. mental health and other forms of counseling, domestic violence crisis center and safe houses, and substance abuse treatment services. The inventory should consider service availability, service area, capacity, condition, staff, equipment, sources of funding, and the adequacy of current hnding. The best available source of information about community infrastructure is ordinarily the local official or administrator responsible for the particular facility or service under consideration. Recent reports, such as needs assessments or service evaluations, may be available but should be used with caution because they go out of date rapidly.

344

CHAPTER 7

7.3.2.9.9 Local Government Finances Baseline Data Requirements The ability of a community to accommodate a mining project will depend largely on the financial condition of the jurisdictions within the study area. Increasingly, local fiscal capacity is a key pressure point as local governments are whipsawed by federal and state governments mandating more local responsibiIity for service delivery but transferring less revenue to the local level. Baseline data requirements for analysis of local government fiscal conditions are local government budgets, revenues, expenditures, tax bases, and tax rates. Data from local government budget documents and annual reports should be assembled to develop trends in revenue levels, sources of revenue, expenditure levels, categories of expenditures, and other statistical information about local government finance. The same documents should provide information on the property tax that finances a large proportion of local government activity. Interviews should be conducted with local officials to interpret the fiscal information and identi6 issues that are not immediately obvious from the standard reports. 7.3.2.9.10 Social Conditions Data Requirements Much of the information required for the social assessment is also required for other aspects of the sociuecunumic analysis. This includes demographic data {age, sex, race, ethnic origin) and economic data (occupation and earnings). In addition, it is useful to gain an understanding of the social organization of the area and communities. This can be obtained by collecting information on churches and social and service organizations and by reviewing newspaper articles. All of these data sources can and should be illuminated by interviews with key informants. Key informants m essentially individuals with knowledge about specific aspects of the socioeconomic environment. Examples of key informants would be local officials (e.g.. county commissioners, mayors, etc.), community organization leaders (e.g., chamber of commerce, League of Women Voters, civic and service club officers, clergy, etc.), and representatives of interest groups (environmental, recreational, industrial, etc.). Key informant interviews are more than casual conversations. Such interviews are typically designed and administered by professionals to elicit reliable responses on specific topics. Key informant interviews often identify further topics for research.

7.3.2.9.11 Existing Land Use Data Inventories of adjacent and surrounding land use are

necessary to identify areas of potential conflict. They are also good sources for identifying iands for relocating displaced uses. County land use plans are the best source of data on the county level, and a visual inventory of Iands adjacent to the project site is obviously a good idea. Federal land management agencies such as the U.S. Bureau of Land Management (BLM) arid the U.S. Forest Service (USFS) prepare resource management plans for lands under their administration. These plans are another good source for land use data. 7.3.2.9.12 Recreation Resources

Recreation resources can include both recreational facilities provided by local governments and private organizations, and resource-based (e.g.. lake, river, stream, forest, mountain) recreation opportunities. Mining projects have the potential to affect recreation resources in two ways - first, by increasing use of recreation resources through the increased population associated with a project: and second, by a direct effect such as the development of a mine or ancillary facilities on or near land previously used for recreation purposes. Recreation inventories should identify the area's recreation resources and quantify and characterize recreation use. 7.3.2.9.13 Baseline Data as a Resource for Impact Management

As it is for other technical disciplines, the scope for socioeconomics is driven by the preliminary identification of areas of potential impact. The fact that areas of potential impact are identifiable at this stage of the environmental permitting process offers mining companies an opportunity to take steps to avoid or minimize the impacts through project redesign or other proactive intervention. With increasing frequency, socioeconomic issues are key obstacles to the permitting and developing of mining projects. Just as there are opportunities to avoid or minimize environmental effects of projects at the design stage, there are numerous opportunities to avoid or minimize socioeconomic issues. Examples of such design alternatives include the Iocation of mine facilities and access roads to avoid conflicts with other land uses, and leaving buffers to screen mining activities from other land uses such as tourism attractions and recreation facilities. An intriguing design alternative that is beginning to receive some consideration is the post-closure reclamation of mined lands and facilities for new recreation facilities. Obviously these alternatives have associated costs that must be weighed against the costs of project delay and additional permitting and legal costs resulting from local and third-party interest group opposition.

ENVIRONMENTAL PERMITTING Social impacts also are amenable to intervention. Although mining projects potentially affect social conditions, particularly in small rural communities with no recent history of mining activities, there are opportunities for mining companies to influence whether the social effects of a particular project are perceived as positive or negative. Identification of social issues occurs during baseline data collection. These data are the information base required to develop an understanding of the social conditions susceptible to controversy, public opposition, or public support. In turn, analysis of these susceptibilities can lead to strategies that, if implemented by the mining company at an early stage of the permitting process, may minimize the costs of potential delay or litigation during permitting.

7.3.2.10 Surface Water by J. Kreps 7.3.2.10.1 Introduction Baseline investigations describe the physical and chemical qualities of surface water resources located within or flowing through the project area. Special interest should be paid to those resources that are likely to be affected by project development, such as process water and drinking water supplies and surface water bodies that coincide with or are downstream of project components. Existing non-project rclated disturbances to surface water quality or availability should be well-documented during the baseline investigation to avoid post-startup liability concerns. A common way to define the baseline study area is to determine the major surface water drainage in the project area and to designate the baseline area as all or part of the watershed for that drainage, depending on the area of the watershed and distance between project Components. Defining the study arca in this way has obvious benefits in simplifying the analysis of surface water and groundwater data. In areas of higher topographic relief, watershed boundaries are rrequently ridges or mountain tops that may also serve as biological divides, thereby providing a convenient coincident boundary for the flora and fauna baseline investigations as well. Some projects may have components located in more than one watershed, in which case all or part of the applicable watersheds may be included in the baseline investigation, depending upon the size of the areas involved and the time and resources allocated to the baseline study.

7.3.2.10.2 Physical Parameters Physical data relevant to the surface water baseline include location information of surface water resources,

345

flow rates, impoundment pond levels, flood volumes and recurrence intervals, evaporation rates, construction and operation data for diversions, and constrictions on inflow or outflow to impoundments in the study area. The baseline should include a map (or table, if maps of the area are not available) indicating the known surface water resources within the study area, including rivers, perennial and relevant ephemeral streams, lakes, ponds, springs, and seeps, wetlands, reservoirs, and other man-made impoundments, adit drainage, canals, and surface water diversion structures such as aqueducts and pipelines. Flow rates, impoundment levels, and diversion rates are frequently obtainable from the local or regional water management districts, and are very useful for planning and design purposes further into the feasibility stage of many projects. If the study is performed in a remote area or with no existing stream measurement database, flow estimates can be easily made using a v-notch weir (for small creeks) or flow meter. Categories of previous and current water usage should be documented, including sources and rates of withdrawals for domestic, agricultural, and industrial use, and any arca.. of special use by terrestrial or aquatic wildlife should be documented. Much of the surface water baseline data has direct applicability to other stages of project development. A properly constructed surface water baseline investigation can form the basis for ongoing routine surface water monitoring during project development and operation. Surface water flow velocities and flood magnitudes and recurrcnce intervals obtained during the baseIine study can be used during the engineering dcsign phase to determine which nearby surface water resources are capable of meeting project needs (such as drilling, drinking water, process water, and dust suppression) and in design of diversion structures and catchment basins. Flow rate data can be used to allocate surface water resources in areas of high demand andor limited resources or when calculating demands from aqueducts or irrigation diversion canals, and are thus important in ascertaining environmental impacts oF project development. In areas where adit drainage or pit lake formation is a concern, exploration drilling logs and field notes documenting water shows are useful.

7.3.2.10.3 Chemical Parameters Documenting the qualities of surface waters in the baseline study area before project development is a critical part of the baseline program. Any existing sources of contamination should be fully documented at this phase of the project to allow proper assessment of the potential environmental liabilities associated with the site. This is particularly important where baseline surface water quality differs from background (or natural) surface water quality, or in highly mineralized areas where

346

CHAPTER 7

elevated concentrations of some parameters such as metals occur naturally in surface waters. Delineating baseline conditions before project development will set background values for non-degradation standards, should those apply to the project, and will create a database of water quality information against which water quality impacts during operation can be measured, and provides a standard for closure commitments. Ideally, a sufficient number of baseline analyses to document seasonal variation and consistency should be compiled before actual or potential disturbances to the project area begin, such as construction activities or mill start-up. After review of the baseline water quality database, some monitoring points may be dropped from the program and others adda or the frequency of monitoring may be increased or decreased. depending on the importance of the monitoring points. When documenting non-project-related discharges, less frequent sampling can often suffice, for example, one sample collected during the wet season or during high-flow conditions, and another sample collected during dry season or low-flow conditions. The choice of analytical parameters for surface water quality analyses depends upon a number of factors, factors, including surficial geology, mineralization, existing impacts to surface water quality, current and future surface water uses, and process chemicals to be used at the project. For instance, if cyanide will be used for precious metal recovery, the surface water baseline should document existing levels (or non-presence) of cyanide and nitrates in downstream surface waters prior to actual usage of cyanide at the site. Surface waters are typically analyzed for the following types of parameters: field parameters, major components, and metals (total and/or dissolved). Special parameters may be added depending upon the particular concerns involved with individual projects, and could include biological parameters like enteric bacteria, organic compounds, cyanide, or radiologic parameters. Bacteriological parameters including total and fecal coliform can become important to the baseline study if potential contamination sources like stockyards are located adjacent to project components, if fisheries are nearby, or if sanitary facilities are to be included as part of the project; for instance, if a man camp has an associated water treatment facility, or if the mining company contributes to operations of sanitary facilities and then assumes partial liability for their discharge. Temperature, pH, total dissolved solids, conductivity, and Eh should be measured in the field or as soon after sample collection as possible, as these parameters change with time after sampling. These parameters can be measured easily and inexpensively in the field, and can be used as indicator parameters during the reconnaissance phase of the baseline studies to assist in selecting sites for the baseline sampling program. Other parameters

typically measured in the field include alkalinity, acidity, and hardness. Major components include the cations calcium, magnesium, potassium, and sodium and the anions chloride, nitrate, orthophosphate, and sulfate. Depending on local conditions additional parameters such as ammonia, bromide, fluoride, iodine, nitrite, sulfite, dissolved oxygen, and biological oxygen demand may be determined. Holding times for the major components are sufficient for transport to the laboratory and analysis in most areas, however some parameters (such as nitrate, nitrite, and orthophosphate) have shorter holding times which may require analysis in the field or at the project site, if the project is located in a remote area. The metal ions selected for analysis depend upon local lithology and mineralization. and should also include those species for which health-related standards exist in the state, province, or country of interest. More common metals included in many surface water sampling programs arc aluminum, copper, iron, manganese, lead, and zinc. Additional metals including arsenic, cadmium, chromium, mercury, selenium, and silver may be included in areas with suitable mineralization trends or existing industrial contamination. Metal concentrations are generally measured as either total {on an unfiltered sample) or dissolved (on a sample passed through a 0.45 micrometer filter). Choice of filtration or total analyses depends upon regulatory requirements and standards, surface water usage, suspended sediment levels, and predicted metal concentrations. Many baseline sampling programs will measure one type of metal analysis each month, and add the other analysis on a quarterly basis; for instance total metals are analyzed monthly and every third month a filtered duplicate sample is also provided to the laboratory for dissolved metals analysis. Since the use of different filter types and filter sizes is a topic of ongoing debate in the aqueous geochemistry and regulatory communities, total metals analyses generally represent a conservative alternative, although they may not be suitable for all situations.

7.3.2.ZU.4 Quality Assurance and Control All sampling programs should include some level of quality assurance and quality control (QNQC) if their results are to be meaningful. This is generally accomplished by submitting blanks and duplicate samples with the regular surface water samples for analysis. These QNQC samples are called "blind" samples and labeled in a similar fashion to the regular samples to avoid any potential laboratory bias. Blind QA/QC sample types includc a field and equipment hlanks, which consist of the deionized water used to rinse equipment and to perform field analyses. These samples can determine whether field techniques including handling and transportation and equipment maintenance procedures


are contributing any contamination to the samples. At least one blind duplicate sample should be collected for every ten to twenty surface water samples to determine the precision of the analytical laboratory. Samples of known composition can be submitted periodically for analysis to determine the laboratory’s accuracy. Standard composition solutions for QA/QC are widely available through commercial suppliers, although they tend to be somewhat expensive, and are thus best used sparingly. Cation/anion balances can also be calculated to determine the accuracy and completeness of field and laboratory analyses. 7.3.2.11 Terrestrial Wildlife by L. Sharp 7.3.2.11.1

Introdaction

This section discusses baseline data requirements for terrestrial wildlife. Terrestrial wildlife typically includes amphibians, reptiles, birds, and mammals; however, terrestrial invertebrates are also of increasing concern to state and federal agencies. There is a need to work closely with individuals working in related fields, particularly vegetation, wetlands, T & E species, aquatic biology, and fisheries in performing terrestrial wildlife baseline studies. Information shared between these disciplines is important to developing a complete picture of the terrestrial wildlife inhabiting (and possibly inhabiting) the project site. 7.3.2.1I .2 Habitats A description of the habitats present on the project area is essential. The habitat map should be based on the vegetation map, and also include other important features such as migration or other seasonal movement routes and corridors, special breeding sites, winter range, summer range, caves, cliffs, rock outcrops, wetlands, open water, intermittent streams, forest areas with snags andor dead and down woody material, vernal pools, leks, raptor nest sites, bat hibemaculae, bat breeding colonies, springs, and so forth. Abandoned buildings and mine shafts can be important for some spccics. Mine highwalls can provide raptor and other cliff-user habitat and preserving them as part of a mine closure plan could benefit wildlife in areas where cliffs are scarce, particularly in areas where trees arc ahsent. The landscape scale aspects of habitats should be identified on a regional map showing the distribution of thc various local habitats. The report should show how this site fits into the regional picture. For example, information should be provided on whether the a~eaof impact comprises a rclatively largc proportion of a unique, limited habitat within the region. SimiIarly, the

347

spatial relationship of the project area to sensitive habitats such as migration corridors, big game winter or summer range, grouse winter range or lek sites, or nest sites of a threatened or endangered species should be evaluated.

7.3.2.11.3 Literature

Review

The appropriate ecological services office andor species office of the U.S. Fish and Wildlife Service (FWS) should be contacted by phone, followed by a letter requesting information about whether any Threatened or Endangered species are known to occur in the project area. A legal description of the project area (Township, Range, Sections) and a map should bc included. Most States have a system, often termed a “Natural Heritage Database“, for tracking wildlife and plant species of concern, and should be similarly contacted for information. The state organizations often charge for this service. Sometimes this information is considered 10 be privileged and sensitive, and specific locations of sensitive species will not be divulged. A waiting period of at least 2 or 3 weeks to obtain this information is common, so it shouId be ordered immediateIy to be available prior to initiating the field study. Local and regional state wildlife agency personnel should be contacted and interviewed in person if possible. A site visit with the local representative and anyone from a regional or central office who is involved in the permitting or permit review process is always a good idea. Other sources of information to be contacted include Audubon Society members, universities and colleges, high school teachers, environmental learning centers, U. S. Forest Service (FS) and U. S. Bureau of Land Management (BLM) offices. Many state highway agencies keep records of the large mammal road kills for as long as 3 years; this can be extremely useful in identifying migration or movement comdors. Technical journals should be reviewed for studies done in the region (good literature search capabilities exist at most university and college libraries, as well as FS and FWS offices). Nearby National Wildlife Refuges, state game areas, National and state parks shouId be contacted. Spending a day or two discussing the site is often the best way to discover relevant publications and unpublished reports. The local public and universitykollege library will have copies of government documents, such as Environmental Impact Statements. A work plan should he prepared and peer reviewed by the local and federal wildlife agencies so they know what is proposed; thcir comments and suggestions should be addressed. Wildlife biologists at the local level often have a great dcal nf unpublished data. Scientific collecting permits may be required from state and federal offices; the

348

CHAPTER 7

permit applications should be submitted with the work plan. Local experts should be contacted about the site. It is often quite cost-effective to contract with local experts, or experts on specific groups or species, for literature reviews and/or field studies.

consider. Surveys for invertebrates can include pitfall traps and searches of specific habitats at appropriate times of year.

7.3.2.11.4 Conduct Field Surveys

Baseline data should identify all wildlife species (by common and scientific name) occurring or possibly occumng in the project area, their habitat affinities, information on habitats (including maps), whether the species is a permanent resident, summer resident, migrant, or vagrant, known or suspected to occur, known or suspected to breed, estimated relative abundance, and distribution regionally and locally. Areas, sites, and features of specific importance to those groups must be identified. The baseline data should also provide a separate tabulation of rare, threatened, endangered, candidate, sensitive, Management Indicator Species. and otherwise special-status species that are known to occur or that might occur on the site. This tabulation should include the species, its status (state, federal, FS, ELM, etc.), and comments on whether suitable habitat exists in the study area, whether it was observed, and if not known to occur, the probability that it occurs. In addition to the Endangered Species Act, implemented by the FWS, many states have their own legislative programs of listing, monitoring, and protecting rare species, game species, endemics, or peripheral populations and all of these should be addressed in the baseline report. Threatened and endangered species are addressed in additional detail in Section 7.3.2.12.

The intensity of field surveys will depend in part on the state of existing knowledge about the area and the level of concern about various groups of wildlife by state and f&ral regulators and the public. If possible, field surveys should span at least an entire year so that seasonal use patterns can be identified. Ensuring that field studies are conducted using acceptable methods and by experts who have good credibility with state and federal wildlife agencies is essential. There are numerous publications describing the various wildlife field survey techniques, their results, advantages and disadvantages, and applicability in various habitats for various species. One of the best initial references is The Wildlife Society's Wildlife Management Techniques Manual (Schemnitz, 1980). Searches of specific habitats for reptiles and amphibians, such as time-area searches, placement of artificial cover where it is lacking, to be followed by later surveys are some of the most effective methodologies. Dipping in aquatic sites to look for adult and juvenile amphibians, and surveys on rainy nights for adult amphibians are effective. Pitfall traps can also provide information on these species as well as small mammals and invertebrates. Birds should be inventoried during the spring and fall migration seasons, the spring breeding season, later in summer, and one or two times during the winter to identify seasonal patterns and species present. Surveys of likely habitat for nesting raptors. displaying grouse, aquatic habitat, or other special sites should be conducted at the appropriate time of day and year. Dawn breeding bird surveys should be undertaken during May and June. Night surveys for owls should be conducted. Surveys using taped calls to elicit responses from difficult to detect species, such as owls, some raptors, and even some woodpeckers are also useful. Mammal surveys can include ground transects, aerial surveys of big game, groundcar surveys of raptor nest sites, big game, and other mammals (including nightlighting) if permitted by the habitat and visibility. Trapping of small mammals is expensive in terms of time, but should be conducted to determine baseline conditions because small mammals provide the food base for many other predators, and are indicators of the quality of the environment in general. Smoked metal plates laid on the ground, winter track counts in the snow, and scent post surveys for carnivores are other techniques to

7.3.2.11.5 Report

7.3.2.12 Threatened and Endangered Species by P. V. O'Connor and W. J. Clark

7.3.2.12.1 Introduction The Federal Endangered Species Act (ESA or Act) was enacted in 1973 to protect threatened or endangered plant and animal species as well as their designated critical habitat. The ESA is applicable to all lands (public and private), especially in light of a recent United States Supreme Court decision (Sweet Home Chapter v. Babbitt). While the ESA is relatively brief (i.e., encompasses only 18 sections) in comparison to more recently enacted environmental laws (e.g., the Clean Air Act encompasses 175 sections), the law is a constant focus at mine sites. This chapter provides a synopsis of pertinent section of the ESA and some examples of mitigation that have been required at mine sites. 7.3.2.12.2 Background 7.3.2.12.2.1 Section 4

Section 4 of the ESA requires the listing of any species

ENVIRONMENTAL PERMITTING that is determined to be threatened or endangered based on the best scientific and commercial data available. An "endangered"species is an animal, fish, or plant species that is in danger of extinction throughout a significant p a i o n or all of the species' range. A "threatened" species is that animal, fish, or plant species that is likely to become endangered in the foreseeable future. Besides listing a species, Section 4 requires a designation of the species' critical habitat based on the best scientific data available after taking into consideration economic and other relevant impacts. Critical habitat is to be designated concurrent with listing of the species, subject to several exceptions. Moreover, areas that would otherwise be considered critical habitat can be excluded from designation if the benefits of excluding the area outweigh the benefits of designation. Areas designated as critical habitat can include private lands as well as Federal and State lands. Once a species is listed or its critical habitat designated, the protections and requirements of the ESA are triggered for projects - existing and proposed. The triggering occurs whether or not a Federal agency or Federal lands are involved, as addressed below. 7.3.2.12.2.2Section 7

The ESA can be triggered if some form of Federal action is required. That is, the consultation mandates of Section 7 are triggered if a Federal agency proposes to authorize, carry out, or fund an action (i-e.,an "agency action") that is likely to jeopardize the continued existence of a threatened or endangered species or result in the adverse modification of that species' critical habitat. An example OF an agency action is the approval by the Department of Interior--Bureau of Land Managcment (BLM) of an applicant's Plan of Operation submitted pursuant to 43 C.F.R. Subpart 3809 to disturb Federal lands in excess of five acres. Consultation is between the Federal agency proposing to take an agency action (e.g., the BLM) and either the Department of Commerce--National Marine Fisheries Service (NMFS) for marine life and anadromous fish or the Department of Interior--Fish and Wildlife Service (FWS) for all other plant and animal species. The consultation process typically involves a multi-step procedure: First, the Federal agency initiates informal consultation by requesting information from the FWS or NMFS of whether a species listed or proposed to be listed may be present in the area of the proposed action. The identification of a listed species in the area of the proposed action does not automatically mandate formal consultation. The FWS or NMFS may determine during this informal process that the listed species will not be affected by the proposed action (e.g., the abandoned adit

349

in which endangered bats reside will not be disturbed by the proposed mining operations). As such, the requirements of the ESA are not triggered. Formal consultation is required upon an informal determination that the proposed action may jeopardize a listed species or adversely affect critical habitat. Second, assuming formal consultation is mandated, the Federal agency involved with the proposed action develops a Biological Assessment. No specific format must be followed for this document. However, a Biological Assessment typically identifies the species or critical habitat of concern, addresses the proposed action (e.g., open pit mine), determines the impact(s) that may occur if the agency action is implemented, and identifies mitigation procedures to lessen or avoid potential impacts from the proposed action. Third, the FWS or NMFS utilizes the Biological Assessment to develop a Biological Opinion. The Biological Opinion presents FWS' or NMFS' determination of whether the proposed agency action will jeopardize a listed species or adversely modify its critical habitat. Reasonable and prudent alternatives shall be suggested if a listed species will be jeopardized or critical habitat will be adversely modified.

Finally, a permit authorizing a "take" of the listed species, subject to specific conditions, can be issued if the proposed action cannot be modified to avoid jeopardy to the listed species and the FWS or NMFS determines that the allowed "take" will be incidental. Section 3 of the BSA defines "take" based on a litany of verbs: "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." "Harm" has been defined by the FWS (50 C.F.R. Q 17.3) to include actual death or injury from "significant habitat modification, which interferes with significant behavioral patterns." The United States Supreme Court upheld the validity of this "harm" definition in a 1995 decision (Sweet Home Chapter v. Babbitt, 115 S.Ct. 2407 (1995)). Thus, a permit issued under this section would address the specific listed species as well as adverse modification of the species' critical habitat. 7.3.2.12.2.3 Sections 9 and I0

The ESA also is triggered at mine sites that are entirely on private lands where no Federal nexus exists if the proposed activity may result in the take of a listed species. (As noted above and confirmed by the United States Supreme Court, take includes both a listed species as well as designated critical habitat.) Section 9 of the ESA provides a blanket prohibition for any person to

350

CHAPTER 7

take an endangered pIant or animal species. However, a permit can be obtained under Section 10 allowing an exemption to this blanket prohibition, if the take is incidental to an otherwise lawful action. An applicant must develop a habitat conservation plan (HCP)to support the issuance of a Section 10 permit. The HCP is an extensive document that must address, among other matters, the proposed action, the impact that may likely occur from the proposed take, the mitigation to be implemented to minimize impacts of the take, the source of hnding to assure mitigation is implemented, and any project alternatives that we^ considered but eliminated from further consideration. (Congress suggested that a HCP should be measured against the San Bruno Mountain Habitat Conservation Plan--the HCP developed for a listed butterfly species found in southern California.) A Section 10 permit is issued upon a determination by the F W S or NMFS that, among others, the take will be incidental, the applicant will minimize to the extent practicable the impact of such take, the applicant will provide the funding noted in the HCP, and the proposed take will not appreciably reduce the likelihood of recovery and survival of the listed species. 7.3.2.12.3

0

0

0

0

7.3.2.12.3.1 Desert Tortoise

The desert tortoise (Gopherus ugassizii) is a threatened species found in the desert regions of southwestern United States-Arizona, California, Nevada, and Utah. Mitigation required by the FWS of, and currently being implemented at, mine sites in southern California includes the following: Purchasing and prohibiting development of other lands containing suitable tortoise habitat to compensate for areas to be disturbed by mine operations. Fencing the entire mine site with tortoise-proof fence to reduce the migration of tortoise onto the mine site. Surveying the entire mine site to find tortoises to be

relocated away from proposed mining areas. Employing specially trained individuals to handle or capture and remove encountered tortoises for relocation from the mine site to designated sites off the mine proper. Enforcing posted reduced speed limits on mine access roads to reduce vehicular collisions with tortoises. Requiring attendance at classes to educate employees about the tortoise and its habitat. Removing accumulated trash to reduce food source of species predatory to tortoises. Authorizing by permit the take by relocation of tortoises found on the mine site. Authorizing by permit the take by incidental killing (e.g., inadvertently driving over a tortoise that attempted to traverse a haul road).

7.3.2.12.3.2Bald eagle The bald eagle (Haliaeetus leucocephlus) is a threatened species found throughout the continental United States. Some of the mitigation required by the FWS includes the following:

Mitigation

No one set of mitigation techniques is or can be applicable to mining operations that trigger the mandates of the ESA. Mitigation techniques and requirements vary due to, among other factors, the ingenuity of the applicant, the listed species potentially impacted (e.g., fish versus plant versus bird), the sophistication of the Federal agencies involved, and the type and extent of critical habitat to be potentially adversely impacted. As such, only examples of mitigation that are being undertaken at mine sites can be addressed herein.

0

r

0

0

0

0

Seasonally restricting mining activities to avoid impacts during mating, nesting, and brood-rearing season. Constructing new roostinghesting sites away from the mine site. Relocating existing nests to areas off the mine site. Installing raptor-proof electric power transmission poles. Conducting regular surveys to determine if bald eagles are being impacted by mine activities.

7.3.2.13 Vegetation by B. Garrett Vegetation analysis is an important aspect to the development of mining activities from the preliminary phase through the final stages of a mine’s life. A complete analysis of the vegetation community will identify its characteristics including the presence of protected plant species, their frequency of occurrence, and their location within the project area. Additionally, the characteristics of the vegetation are used to determine wildlife habitat types and values, as well as in the development of the reclamation plan. Therefore, it is important to establish an accurate and thorough accounting of the vegetation prior to disturbance within the project area. Prior to conducting analyses to determine the vegetation characteristics of the project area, consultation and coordination with the affected governmental agencies is recommended. This step is integral to the development


of an effective strategy for environmental compliance. Consultation should begin with the lead federal agency, which is responsible for consulting with all participating agencies. The lead federal agency will also coordinate consultations with the U.S. Fish and Wildlife Service (USFWS) if threatened , endangered, or sensitive listed species are determined to be affected. These agencies should provide guidance for developing a strategy for field investigations as well as in the development of a revegetation plan. Additionally, state agency consultation and coordination is also recommended. i n recent years, many states have passed legislation to protect and monitor populations of plant species unique or rare to their state. This legislation enables the state to enforce protection measures for plant populations to the same degree afforded to protected wildlife species. Therefore, it is essential to consult both federal and state agencies at the development stages of a proposed action in order to avoid any potential delays andlor permitting problems. Subsequent to consultation with the lead federal agcncy and state resource agencies, the proponent should conduct a thorough literaturc search to determine potential sensitive plant species, and provide an overview of the habitats which may be affectcd hy the proposed action. The literature search should include a review of agency files, federal and state databases, and personal communications with agency personnel, local residents, and environmental action groups. Information obtained through the literature search and consultation with all participating agencies should provide the proponent with the baseline data. Thereby, a strategy for further investigations can be formulated. Based on the results of the literature search and consultation with relevant resource agency personnel, the level of effort required for investigations can be defined. Since the vegetation characteristics of the project area are relevant to the determination of wildlife habitats and development of the revegetation plan, a thorough understanding of this resource is required. Therefore, at a minimum, it is necessary to obtain the baseline data on the vegetation characteristics of the project m a . Additional anaIysis may be required if protected plant species were identified as occumng or potentially occurring within the project area. Acquisition of baseline data of the vegetation characteristics of the project area is generally collected through off-site and on-site analyses. Off-site analysis includes the review of' availablc aerial photography and topographic maps in order to determine preliminary vegetation boundaries. Aerial photographs are especially useful for large projects since dramatic changes in vegetation can be identified. From the information gathered during the off-site analysis. an appropriate on-site analysis method can be developed. On-site analysis generally consists of completing linear transects across the project area. Prior to

351

conducting the field work, it would be pertinent to discuss the field methods with all relevant agency personnel. This will assist in the determination of the appropriate level of effort necessary to execute the project at hand. The main purpose of the linear-transect survey method is to identify the species present, determine their relative abundance and to verify preliminary vegetation characteristic boundaries established during the off-site analysis. Transect intervals for the baseline data acquisition varies depending on the results of the literature search, resource agency consultation, off-site analysis, project size, topography and vegetation homogenicity. In addition, determinations regarding wildlife habitat types and their extent can be assessed. Generally, information regarding habitat types (for example: desert scrub, woodlands and wetlands) are either defined in current publications or by relevan1 resource agency personnel. Moreover. the culmination of these data will aid in the development of appropriate seed mixtures for the revegetation plan. Supplemental data to the baseline data acquisition is generally necessary if any protected plan1 species arr: identified as occurring or potentially occurring in the project area. Information regarding the presence or ahscncc of the protected species will need to be obtained. This information can be obtained by completing transects at appropriate intervals (20-30 feet) so as to accomplish 100% coverage of areas identified as being suitable for the protected species to occur. These transects must be completed during the appropriate seasons when the plant is evident in order to determine absence. All information collected during the literature review and the field surveys should be presented to the lead federal agency in the form of an environmental assessment/evaluation. If listed wildlife species are going to be affected, a biological assessment should be prepared for the proposed action to initiate Section 7 consultation with the USFWS. The information obtained on listed plant species should also be included in the document. If listed wildlife species are not affected by the proposed action, the information should be included in a biological evaluation, which will be submitted to the USFWS. Further consultation and coordination with the 1 4 federal agency should continue throughout the preparation and execution of a revegetation plan. 7.3.2.14 Wetlands by S. Foreman

7.3.2.1 4.1 Introduction The presence of wetlands at a mining site can have significant implications with respect to the environmental review and permitting of facilities. Wetlands are transitional between well h n e d uplands

352

CHAPTER 7

and deep water aquatic habitats such as rivers and lakes. Wetlands have traditionally been considered to be features such as marshes, swamps, and bogs; however, many wetlands, particularly wetland communities dependent on seasonal rainfall in the arid west, are visually less distinct from the surrounding upland communities to the untrained observer. These include habitats or features referred to as vernal pools, prairie pot holes, playa lakes, wet meadows, seeps, springs, and seasonal wetlands. Wetlands are characterized by the presence of hydrologic (water) conditions which saturate the soil for a sufficient period during the growing season to develop anaerobic conditions. This in turn allows only plants adapted to this anaerobic environment to persist. Wetlands are considered important because they typically perform many important functions such as: 0

0

Water quality protection. Hydrologic functions such as groundwater recharge, shoreline protection, flood water storage and desynchronization, and hydrologic support for maintenance of low stream flows. Biological functions such as fish and wildlife habitat including habitat for many threatened and endangered species, food chain support and biomass productiodnutrient export. Socio-cultural functions such as economic values for recreation, education, aesthetics, and other industries such as fur harvest and commercial fisheries.

Many different federal agencies, including the Soil Conservation Service (SCS), Environmental Protection Agency (EPA), U.S. Army Corps of Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), Bureau of Land Management (BLM), and U.S.D.A. Forest Service (USFS) have responsibilities to protect wetlands. These responsibilities include regulatory authorities (permits) while others involve use of federal lands or monies. At least 19 states and many local jurisdictions (cities and counties) have additional regulatory programs involving wetlands. The primary legislative authority to regulate wetlands is based in Section 404 of the federal Clean Water Act (CWA) which reguIaies the discharge of dredged or Pi11 material into "waters of the United States." Waters of the United States has been defined by CWA implementing regulations (33 CFR Part 328, Vol. 51, No. 219) developed by the Corps and EPA to include wetlands and other waterbodies of which the use, degradation or destruclion could arfect interstate or foreign commerce. In addition to wetlands, "other wakrs" also includes territorial seas, lakcs, rivers, and streams (including intermittent and ephemeral streams) and the tributaries to such waters. 11' wetlands arc to be impacted by a project, mitigation for the impacts is commonly required.

However, before mitigation will be considered by the Corps, the applicant must demonstrate that there are no feasible alternatives to the impacts and that the total afpa of impact has been minimized to the maximum extent practicable. The federal agencies (USFWS. Corps, EPA) and many state agencies have adopted "no-net loss" policies for wetlands. This typically translates into no net reduction of acreage or extent and no decrease in value of impacted wetlands. Mitigation required for impacts typically takes a herarchial approach of avoidance first, followed by compensatory replacement to minimize unavoidable impacts. Following is a discussion of the typical baseline data requirements and approaches for addressing potential environmental and regulatory requirements associated with wetlands. 7,3.2.14.2 Literature Review and Agency Contact

An important first step is to define precisely the limits of the study area. This should include the primary project area or mine site as well as associated ancillary facilities such as access roads, haul routes, work pads, water supply features (stream diversions, wells, ponds, etc.), and waste or mine burden storage areas. This can be depicted on available maps. In most cases this information can be at least initially displayed on standard 7.5 minute U.S. Geological Survey (USGS) quadrangles maps. Mapping in this manner will facilitate discussions with appropriate agencies and allow easier comparison of planned activities with typical background sources of information. 3ackground sources that in many cases can provide useful information regarding the presence of wetlands or other regulated waterbodies include USGS quadrangle maps (marshes, wet areas. depressional or flat areas, standing water, and streams are often depicted), SCS soil surveys (certain soil types are associated with or developed under wetland environments), and USFWS National Wetland Inventory (NWI) maps. The NWI maps use standard USGS quadrangle maps as a base and have been completed for much of the country. Although the information presented on the NWI maps is useful as a first step, the level of detail in most areas is unsuitable for delineating jurisdiction or identifying all wetland environments in an area. Local and state agency personnel are also a good source of information. In many states, the state fish and wildlife agency has permit requirements concerning sueam and lake alterations which often overlap with federal jurisdictions. These programs are typically administered by the local game warden. Oncc background information has been assembled, contact with appropriate agencies should be initiated. The regional Corps district office should be contacted to

ENVIRONMENTAL PERMITTING inform them of the location and type of planned activities. This notification should also request a determination of Section 404 jurisdiction. Procedures vary between Corps districts. Some districts will perform the site investigations and provide the jurisdictional determination. The use of qualified consultants, however, is becoming increasingly common for preparing the background information and site investigations for submittal to the Corps for review. If possible a scoping meeting onsite should be arranged with the Corps and other relevant agencies to determine the extent of the field investigations as well as probable permitting requirements and related study needs to comply with other regulations such as endangered species and cultural and historic resources. The Corps must address these issues and others when evaluating permit applications.

7.3.2.14.3 Field Surveys Because wetland analyses are important components of both successful mine planning and reclamation, it is most efficient and economical to evaluate wetlands in the earlier stages of project planning. Initial or preliminary surveys and review of background sources discussed above can be very valuable in avoiding costly unanticipated constraints, mitigation requirements, or regulatory delays. Such preliminary surveys typically do not provide definitive information on the extent of jurisdictional areas. The determination of regulatory jurisdiction depends on the ability to identify and draw boundaries around wetlands and "other waters." The current primary guidance for this is the Corps' 1987 Wetland Delineation Manual. This manual, as well as other versions which have been proposed or are under review, rely on what is termed the three-parameter approach. This approach requires that positive indicators of all three wetland parameters (soils, hydrology, and vegetation) must be present in most cases for an area to be considered a jurisdictional wetland. For "other waters," Corps jurisdiction extends to the ordinary high water mark (OHWM) for streams, rivers and lakes and to the highest predicted normal tide in tidal areas. The Corps' Manual provides technical guidance for considering each of the three parameters and a methodologies for the application of the technical guidelines. This ranges from routine onsite determinations to comprehensive determinations for more complicated sites. The Manual also provides guidance for problem areas and what are termed atypical situations where certain parameters may be absent or obscured because of natural or man-induced conditions such as drought, certain soil conditions/types, illegal or unauthorized activities. All procedures require examination of onsite conditions for soil characteristics, vegetatiodplant cover, and hydrologic indicators.

353

The Manual procedures allow for data collection and jurisdictional determination to be made almost any time of the year. In reality, however, it is often important to conduct field work during appropriate seasons when plants are identifiable and typical or normal hydrologic condtions are present, This means field studies should be conducted in the primary growing season for the project area, usually spring and early summer. In certain areas, state and local jurisdictions may have different criteria for delineating and describing wetlands subject to local regulations. These differences should be determined and considered when conducting the field studies and analyzing the results. If wetlands will be impacted and mitigation is required, additional field studies and baseline information is usually required to develop mitigation plans. For compensatory mitigation, suitable mitigation sites far re-creation of wetlands need to be identified and evaluated with respect to their suitability for wetland creation. Sites need to be evaluated for hydrologic conditions, soils, compatibility of surrounding land uses and conditions, plant and animal communities present, and other factors. An assessment of wetland functions and values is often also required. The most common approach for assessing functions and values is the Wetland Evaluation Technique or WET Analysis (Adamus et al. 1987). The current version of the procedure, WET 2.0, was developed by the Corps for use throughout the country to reduce the need for costly detailed studies or reliance on strictly professional judgment which is often impossible to reproduce. Several regional methodologies or modifications to the WET 2.0 analysis have been adopted to address more specific regional conditions. Again, local regulatory authorities should be contacted for the proper or desired methodologies to use in a particular situation.

7.3.2.14.4

Report

Baseline data reporting involves presentation of a jurisdictional delineation report to the Corps and other appropriate regulatory agencies. The reports should provide maps of sufficient scaIe (generally 1 inch = 100 feet) to clearly depict {hejurisdictional area and sampling sites. Reports should provide rationale for the choice, number, and location of data points and signed and completely filled out data sheets (standard data sheets are provided in the Delineation Manual). Other supporting information that should be provided includes a discussion of aquatic plant and animal species present, cultural and historic resources, endangered species, toxics, and other relevant environmental clearances or permits. Maps also should be provided. if available, to depict jurisdictional areas to be impacted by the proposed activity. Baseline reporting should also contain the functional assessment of the wetlands to be impacted and other data

354

CHAPTER 7

relevant to baseline conditions and proposed compensation procedures at the mitigation area if mitigation is required. This will assist in the review and analysis of permitting and reclamation requirements.

7.4 DEFINING LEGAL AND

REGULATORY REQUIREMENTS by P. Mitchell

7.4.1 DEVELOPING A COMPLIANCE PROGRAM 7.4.1.1 Preparing a Checklist and Timeline Chapter 3 deals with the specific federal legal requirements needed to permit a mine operation. This subsection is intended to discuss particular issues encountered in the application of those legal parameters in the process of acquiring permits. Whereas, Chapter 3 is a cookbook of particular legal requirements, this subsection of Chapter 7 is meant to raise some practical concerns encountered from a legal perspective and how those concerns can be addressed. The most important item to prepare at the beginning of any proposed mining project is a checklist and time hame for all necessary project permits and legal requirements. Such a checklist should be prepared after reviewing all applicable federal, state, and local laws and contacting the appropriate agency personnel. For the BLM, the agency hierarchy (from local to national) is: Resource Area Office, District Office, State Office and Washington, D.C. headquarters. For the Forest Service, the agency hierarchy from local to national is: Ranger District office, National Forest office. Regional office and Washington, D.C. headquarters. Table 20 is a list of typical environmental permits and approvals that may be required for a major mine, depending on the location, size and type of mining operation. The majority of major mine projects require one to three years to obtain all of the necessary permits. During that time frame, there can often be regulatory changes such as the listing of an endangered plant or animal species, additional air quality or water quality controls. new hazardous waste laws, or new mine reclamation requirements. Although the precise nature of such regulatory or statutory changes is always uncertain, it is always best 10 plan some additional time in the timeline of mine permitting for such unpredictable changes. Likewise, staff turnover at many local, state and federal agencies is relatively high due to either attrition, layoffs, or in the case of federal agencies, uansfer to other areas of the state or nation. It is often the case that mine company personnel must deal with different agency personnel over the time frame required to permit a mine. This agency turnover frequently results in additional

delays as the new governmental employee in charge of the project is educated regarding the project. An important procedural aspect of permitting a mine operation is to recognk that the environmental groups often use the procedural aspects of various laws such as the permit hearings in front of Air Quality Management Districts and the land use approval hearings hefore the local governmental agencies and federal agencies to delay a project. An appeal can drag the process on for several months, even if not successful, and if successful, over one year. In many cases, projects cannot afford that delay and in those cases, the environmentalist may use the delay procedure as blackmail to demand various monetary or additional environmental mitigation measures from the applicant. Therefore, including potential appeals in the time frame may assist a company, in practical terms, by avoiding time pressure in later defending the appeal. 7.4.1.2

Reviewing Case Law

When submitting mining plans of operation and reclamation plans to federal agencies such as the Bureau of Land Management (BLM) under FLPMA (43 CFR Part 3809), or the U.S. Forest Service under the National Forest Management Act (36 CFR Part 228). it is important to understand more than just the appIicable statutes and regulations. In this respect, two important resources to be aware of are: (1) agency policy memoranda and solicitor opinions; and (2) an attorney who is knowledgeable in that area of the law. The first is important because both the BLM and the Forest Service and their federal attorneys have policy memoranda or opinions which you may not be aware of until an issue arises and then discover, possibly, the existence of the memorandum. The agency memoranda often come from the regional, forest or district offices for the Forest Service, depending on the breadth of the issue. These memoranda generally have the equivalent effect of a regulation; however, they are not formally promulgated and therefore are not easily found. In many cases, people are not aware of their existence. They usually involve more detailed implementation of the existing regulatory program. An attorney can help because they have often dealt with these types of issues before and have the applicable memoranda or know where to obtain them in an ex@ted manner. In addition, having an attorney work with the mine company can be helpful if various issues arise, given their contacts with thc Dcpariment of Interior, Office of the Solicitor (the attorneys for the BLM), or the U.S. Department of Agriculture, U.S. Forest Service, and the Office of General Counsel (the Forest Service's attorneys). In addition, there may be numerous federal, state or Interior Board of Land Appeal cases impacting the interpretation and implementation of a given statute or regulation. A person relying strictly on


355

Citv/Countv DeDartment Health Services/Health Department (a) Business Plan for hazardous materials (b) Hazardous Materials Handler Permit and Hazardous Waste Generator Permit (c) Risk Management Prevention Program (d) Acutey Hazardous Materials Registration form

Table 20 Environmental Permits and Approvals Required for Mining Projects

AGENCY REQUIRING PERMIT, APPROVAL OR NOTIFICATION Federal

U.S. Deot. of Interior: Bureau of Land Manaaement and DeD . artment of Aariculture Qr (a) Final Environmental Impact Statement (EIS) and Record of Decision (b) Archaeological ClearancdBLM 106 process; often completed in connection with the EIS process (c) Plan of operations (d) FLPMA Title V Right-of-Ways for utility (e.g., electric power lines and pipeline) access

us.

U S . Department of Interior: Fish and Wildlife Service (a) Federal Endangered Species Act: Biological opinion (usually issued during the EIS process) (b) Compliance with Bald Eagle Protection Act (as part of mitigation measures reviewed in the EIS and required in Project approvals)

Countv Air Pollution Control DistricVReaional Air Quality Manaaement District (a) Authority to Construct Permit (New Source Review document circulated for public comment) (b) Permits to Operate (issued weeks or months after equipment has been placed in service and compliance testing is completed) (c) Air Toxics Emission Inventory Plan (required once facility becomes operational, California)

The following other permits,

approvals and notifications may also be necessary for the construction and operation of a mine project:

Federal

US. Armv Corn . s of Enaineers (a) Clean Water Act, Section 404 Permit ( possibly per Nationwide Permit)

. . eDartment of Justice: Bureau of Alcohol. Tobacco gnd Firearms (a) Purchase and Storage of Explosives Permit (b) BATF Forms required for inventory and use

US. EnvironmentaI Protection Aaency

Y.S. Department of Labor: Mine Safetv and Health

(a) EPA Hazardous Waste Generator I.D. No.

State Department of Fish and Game (e.a. California) DeDartment of Game and Fish (e.a. Wyoming) DeDartment of Wildlife (e.a. Nevada) DeDartment of Natural Resources (e.a. Minnesota1 (a) Stream Alteration Permit (b) State Endangered Species Act Permit, applicable (e.g. California) (c) Artificial Industrial Pond Permit

if

Administration (a) Notice of Start of Operations (b) Emergency; Fire, Evacuation and Rescue Plans (c) Legal Identity Report (d) Record of Inspection of Self-Propelled Equipment (inspections scheduled after equipment is on site) (e) Record of Testing the Resistance of Electrical Ground System (Record must be available on site) (f) Miner Training Plan (9) MSHA Identification Number

State

State Historic Preservation Offices (.in conjunction with BLM-106 as reauired . bv federal law) (a) Archaeological Clearance (normally obtained in conjunction with the EIR/S process)

State Lands Commissions ffor school lands. e.a., Sections 16 and 36) (a) Mine Lease of Permits (as applicable) (b) Water Well Lease

Regional Water Qualitv Control Board (or equivalent) (a) Final Environmental Impact Report (b) Conditional Use PermiVsite approvaVmine permit (c) Miningheclamation Plan and Mine Plot Plan

State OCCUD . ational Safetv and Health Aslm inistration (a) Notification of opening a mine (b) Injury and Illness Prevention Program (c) Hazardous Materials Communication Standard

356

CHAPTER 7

Countv and C l t y County Department of FnvironmentaI Services (a) Domestic Water System Permit (potable water) (b) Sewage Disposal System Permit (leach line) (c) Water Well Permits and Inspection Countv DePartment of and Safety (a) Building permits (b) Land Use Compliance Review Countv Sheriff (a) Purchase and use of explosives Countv Fire Warden/DeDartment (a) Fire Protection Plan (Most larger and complex mine projects require one to three years to obtain all of the necessary permits to operate. During that interval, there can often be impacting regulatory changes. They may include the listing of an endangered plant of animal species, additional air quality or water quality controls, new hazardous waste laws, or new mine reclamation requirements. As a contingency, it is always best to plan some additional space in the mine permitting time frame for such unpredictable changes. Furthermore, staff turnover at many local, state and federal agencies is high due to attrition, layoffs or transfer of key personnel to other areas by federal organizations. Frequently, mine company employees must deal with different agency personnel during the period required to permit a mine. This agency personnel turnover frequently results in additional delays as the newly responsible government employee si schooled about the project's circumstances. An important strategic aspect to consider while planning for permitting a mine is that environmental groups often use the procedural requirements of various laws to delay a project. Examples include permit hearings in front of Air Quality Management. Districts and land use approval hearings before local, state and federal agencies. An appeal can drag the process on for several months, even if not successful and if successful, over one year. Commonly, projects cannot afford the delay. Taking advantage of this situation, some environmentalists may use the delay procedure in Order to force additional environmental mitigation measures or other desired benefits from the applicant. Therefore, the prudent mine operator should also allow for appeal delays in the original permitting time estimate.)

a regulation or a statute often is operating with only a partial perspective of the legal parameters affecting that

particular issue. These are the types of reasons why an attorney can be helpful in assisting a mine operation through the regulatory gauntlet one must travel in obtaining mine permits.

7.4.1.3 Land Use Permit Applications Another important legal aspect to be aware of are the local city and county ordinances and planning/development codes which will impact the permitting of the particular mine site. In many cases, even with mines otherwise wholly on federal jurisdictional lands, such as BLM or Forest Service lands, there will be a patented mining claim which is, thus, private propertylfee land and outside the immediate jurisdiction of the federal agency. In such cases, the state or local government agency having jurisdiction over mine operations in the given state has concurrent jurisdiction with the federal agencies. In some states, either the BLM or the Forest Service, or both, will have entered into a Memorandum of Understanding (MOU) or similar agreement, whereby the federal, state and local agencies agree to work together in permitting the mine operations. In many cases, although the agencies do work together under the MOU, the cooperation and dual use of documents is still somewhat strained, even if effectuated. An important case regarding environmental requirements for mining projects is California Coastal Commission v. Granite Rock (1987) 480 U.S. 572. In Granite Rock, the United States Supreme Court held that state agencies could enforce environmental laws on a mine operation located on federal land, in that case, National Forest land. The court held that although the state or local governmental agencies d d not have the right to make any land use decisions regarding what use of the land would be made on the federal lands, they did have the right to impose environmental requirements on the land use permitted by the federal agency. However, the state regulations must not so interfere with the federal permitted land use as to negate the federal land use approval. As implemented, even in the case of a mine entirely on Forest Service or BLM land (i.e., unpatented mining claims), the state or county (e.g., California) has the right to review and require approval of the mine reclamation plan, as contrasted with decisions on the mine permit which remain with the federal agency, depending on whether the state or a local agency has mine reclamation authority in a given state. [For example, in California, under the Surface Mining and Reclamation Act (SMARA), a county, city or Indian Reservation will be the lead agency on reclamation issues.] In some states, in addition to the local agency such as the city or county reviewing the mine, the state agency

ENVIRONMENTAL PERMITTING also reviews the reclamation plan. In California, for example, the California Department of Conservation, Division of Mines and Geology, also reviews reclamation plans and comments to the local agencies on deficiencies in the reclamation plans.

7.4.1.4 Endangered Species The Endangered Species permits may legally precede or postdate the land use approval; however, it is best to have such permits precede the land use decision for two reasons: 1) the data necessary for the ESA approvals can be used to assist preparation of the NEPNCEQA document and 2) environmental organizations have been taking the position, for the last few years, that an adequate NEPNCEQA requires a completed ESA review. Although this latter position is probably legally incorrect, compliance using that approach will eliminate one of the complaints received from environmental organizations. Joint documents should be prepared where possible, for example, a combination of baqeline studies can be prepared to meet both the State and Federal Endangered Species Act requirements.' Under the Endangered Species Act (ESA), for projects involving a federally-listed plant or wildlife species, applicants must obtain either a Section 7 or 10a permit.2 Typically, the easier permit to obtain is a Section 7 permit after going through the biological assessmentlbiological opinion process. However, to trigger the Section 7 process requires some type of federal nexus, e.g., the mine is on BLM or Forest Service property. If only private land is involved, and you need a federal ESA permit, then a mine company must comply with the Section 10a consultation which involves preparation of the Habitat Conservation Plan. The Section 10a process generally takes substantially longer (two years to complete, versus one year or less for the Section 7 process). That is one reason that if you have a private land mine project entirely on nonfederal lands, you may want to establish some type of f e d 4 nexus if you have a federal ESA issue. Plants which are listed under ESA are not protected on private property unless destruction of the plant on private property would constitute a trespass or violation

'

16 U.S.C., Sections 1531-1544; Cal. Fish and Game Code Sections 2050-2098; Alaska Stat. Section 16.20.180 ef seq.; Colorado Rev. Stat. Section 33-2-101 et seq.; Idaho Fish & Game Code Section 36-201(0; Mont. Code Ann. Section 87-5-101 er seq.; Nev. Rev. Stat. 503.584 et seq.; New Mexico Stat. Section 17-2-37 et seq.; Or. Rev. Stat. Section 496.172 et seq. (state land only): Texas Parks & Wildlife Code Ann. Section 68.002 er seq.

* Section 7 is found at 16 U.S.C. Section 1536(a);Section 10(a) at 16 U.S.C. Section 1539(a).

357

of a state law.3 Thus, federally-listed plants on private property, if such plants are not protected by the state, can be destroyed by the land owner without liability under ESA. In the area of endangered species, be aware that the BLM biologists often have more knowledge of the particular species or plants since they are actually in the field, as compared to a Fish and Wildlife Service biologist whose offices are frequently much further away from the actual site.

7.4.1.5 NEPA and Equivalent State Laws The National Environmental Policy Act (NEPA) and California Environmental Quality Act (and equivalent Acts in other states) documents should usually be combined, including any related public hearings. The environmental documents prepared under the NEPA and its state counterparts are usually prepared, if an EIS, by environmental consulting firms either under contract directly to the mine applicant or to the government agency. This is an area of some concern because if is often easier to gain input into the documents if there is a direct contract and direct payment from the mine company to the third party environmental contractor. In such cases, there is more accountability by the k d party contractor to the mining company. Under some state environmental NEPA-like processes, such as California, detailed findings are required to prove that the final Environmental Impact Report (EIR) complies with the law and to discuss whether there remains significant environmental impacts after mitigation. These types of findings should typically be prepared by an attorney to protect the company in the event that an appeal is filed by any party. In the EIR/EIS context, an attorney should usually review the EIS early on for legal adequacy and attempt to fortify the document against any later legal challenges. The use of an attorney in this context can be extremely critical because technical consultants review EIS documents in a different way in many respects. For example, an attorney's comments on the EIR are best directed initially to the client and therefore can be CoveTed by the attorney-client confidence privilege. Therefore, if the client does not wish certain items to be raised in the EIS, those differences can be screened out in the process. In contrast, a letter directly to the consultant would not be privileged and could be discovered by an opponent of the project at a later stage. In addition, an attorney's review of an EIS focuses more on potential legal challenges than on the scientific adequacy of an EIS which latter point is the focus of technical consultants.

16 U.S.C. Section 1538(a)(2).

358

CHAPTER 7

7.4.1.6 Air Quality

7.5 DEVELOPING A

PERMITTING STRATEGY Given the requirement of increasingly more detail in NEPNCEQA documents, the air and water quality permitting processes should also be started as early as possible to provide additional data for the NEPNCEQA documents. For example, one year of air quality baseline monitoring data if often necessary for impact modeling, in which case it should be obtained for the project area early on. Other major environmental permits such as air quality and Rcgional Water Quality Control Board permits usually occur after approval of the land use permit. For air quality permits, it is important to write into the time frames the public comment period for a new source review document, if applicable. An attorney knowledgeable on air quality issues should assist in complying with air quality requirements.

by D. W. Struhsacker 7.5.1 INTRODUCTION A permitting strategy is by nature highly project specific, and there is no generic environmental permitting strategy which is applicable to any given mining project. This section describes the key issues and major factors which need to be considered in developing a permitting strategy. The project manager, along with other key project team members, must identify the key project issues at an early stage in developing a pennit strategy. For companies new to a project area, this may necessitate retaining local expertise to provide information on regulatory, legal, social, and political conditions which may influence project issues.

7.4.1.7 Water Quality 7.5.2 PROJECT-SPECIFIC ISSUES The water quality permits required by state and federal Clean Water Acts are typically processed during the ongoing NEPA review. The earlier gathering of detailed water quality data is useful as it helps strengthen the NEPA document. Under watcr quality review, the Federal Spill Prevention Control and Counter-Measures Plan is very similar to the California requirement for a Business Plan. Both of those plans deal with what to do in a situation involving an emergency spill or exposure of a hazardous material. These documents are typically prepared after the project receives its land use approval, but before the commencement of project operations. Again, attorney review of these documents is advisable to ensure compliance with regulatory criteria. The Army Corps of Engineers 404 permit review can often be combined, or at least dovetailed, with stream alteration permits required by many states, including California, Alaska, Colorado, Montana, Oregon, Utah and Washington4,giving the overlapping factual issues.

The first step in developing a permitting strategy involves identifying and understanding the following key issues which influence project permitting:

Environmental Issues - What are the site specific environmental factors (real and perceived) which will be key issues during permitting? Examples of potential environmental issues include wetlands, threatened and endangered species, and potential contamination of ground water and surface water due to heavy metals leaching, acid mine drainage, or cyanide. Technical Issues - What are the main technical issues which will have to be addressed during project design and permitting? Examples of potential technical issues include mine dewatering requirements and dewatering impacts, assessing the long-term geochemical behavior of mine and process wastes deposited on the site, and establishing reclamation plans and objectives.

7.4.1.8 Wilderness Study Areas Areas designed as Wilderness Study Areas, pending a Congressional determination, are generally managed under a non-impairment standard. As applied by BLM Area offices, this standard is subject to some latitude, especially regarding drill programs. Meetings with the Wilderness specialists of the appropriate BLM Area office are recommended in this case.

Regulatory Issues - What is the regulatory framework for the project and how will site specific environmental factors influence the regulatory requirements? Examples of regulatory issues to be considered include defining the lead agency and all other federal, state, and local agencies; coordinating the involvement of regulatory agencies with overlapping jurisdiction; and when to initiate the permitting process.

Alaska Stat. Section 46.40.010 ef sey.; Colo. Rev. Stat. Section 33-5-102 ef seq.; Mont. Code Ann. Section 87-5-501; Or. Rev. Stat. Section 196.600; Utah Code Ann. Section 23-IS-3 ersey.; Wash. Rev. Code Ann. Section 90.58.010 et sey.

Political Issues - Are there local, state, or national political issues which may be a factor for the project, and if so, what are those issues? Examples of political issues include responding to elected officials who oppose mining, or responding to legislative and rulemaking


359

proposals affecting mining.

7.5.4 THE REGULATORY ATMOSPHERE

Social Issues - Is there a nearby community which will be affected by the project, and if so how will this community react to the project? Examples of social issues include concerns regarding a boom and bust scenario, or upgrading housing and infrastructure to accommodate in-migration of a project work force.

The nature of the regulatory and political atmosphere with respect to mining is the most influential factor in determining whether permitting a project will be relatively straightforward and easy, or complex ad difficult. States like California, Oregon, and Wisconsin are renown for being difficult places in which to permit a mining project. However, opposition to a project in any state or community may be triggered by any number of real, perceived, or manufactured issues. Moreover, in today's political climate of anti-mining activism, it is not uncommon for seasoned activists to infiltrate a community with the goal of developing anti-mining sentiment in order to thwart a mining project. The permitting strategy for a project facing known or suspected opposition will likely be much more complex and involve managing many more issues than that required for a non controversial project. In assessing the regulatory climate an important factor to be considered is whether the key regulatory agencies responsible for the project have experience with mining. The mining experience factor is highly variable from state to state and within the federal land management agencies (i.e.. the Bureau of Land Management, BLM, and the U.S. Forest Service, USFS). Some BLM and USFS personnel have considerable experience in evaluating mining projects, in assessing impacts due to mining, and in working with the state and federal regulations governing mining. However, some officesof the BLM and the USFS do not have much or any mining expertise. Working in disaicts with little or no experience with mining projects requires that an applicant devote considerable time and effort in developing the key regulator's technical awareness and understanding so that they can make sound decisions about the project. The attitudes of individual regulatory personnel regarding mining can also influence the way in which a project proponent is treated during the permitting process. The management structure, style, and strength of the regulatory agency will play a key factor in determining whether overt pro- or anti-mining attitudes are tolerated within the agency. Regulatory personnel who approach a mining project with a readily apparent bias, either pro- or anti-mining, can present a significant problem for the project proponent. A discernible pro-mining bias on the part of a regulatory agency can elicit public concerns about whether the agency is sufficiently objective, and whether they are doing an adequate job of enforcing environmental protection regulations for mining projects. The other side of the issue, an overtly anti-mining atmosphere at a regulatory agency, also raises questions about objectivity and presents obvious problems for a project applicant. The history surrounding permitting efforts for

The relative importance of each of these issues varies with each project. For complex andor controversial projects, all of these issues may be important, and the success of the permjtting effort will depend upon the degree to which each issue is effectively addressed during project permitting. For simpler andor non controversial projects, not all of these issues are likely to be important.

7.5.3 THE KEY PLAYERS Once the key issues are defined, identifying the key players and building a working relationship with them is the next step in developing a permitting strategy. In addition to the project proponent, the key players in a mine permitting effort include the regulatory agencies and corresponding regulatory personnel, key community leaders (i.e., non-ekcted public opinion leaders). key state and local elected officials, area residents, and third-party participants. Developing good working relationships and channels of communication with all of the key players is crucial. The methods used to cultivate these working relationships must vary dependmg upon the entity in question. For example, a good working relationship with a regulatory agency typically requires fiequent meetings, and a willingness on the part of the applicant to be forthcoming with sound, accurate information about the project. However, it may also require that an applicant demonstrate its commitment to permitting and developing the project and clearly communicate this commitment along with any related economic and scheduling constraints to the agency. In contrast, building a relationship with a state or local elected official may initially have to be done through channels, and may require an introduction from an established influential contact within the community. Establishing a rapport with the local community q u i r e s being visible and active in the community, and supplying area residents with regular project updates. Developing an understanding of the objectives and political strategies of any project opponents is also critical at this stage. AIthough establishing a working rapport with these groups or individuals may not always be achievable, it is nonetheless important to consider their perspective in developing a permitting strategy.

360

CHAPTER 7

existing mining projects in the area should be researched to provide information on the track rccord of the agency in making mining project decisions. Reviewing recent mine permit decisions and any mining-related permit violations and enforcement actions may give an applicant insight into the agency's decision-making process and key decision makers' attitudes about mining. This review may also reveal useful or problematic precedents set at other projects. Recent violations or environmental prohlcms due to existing or old mining projects may also point to issues about which the regulatory community and the public are likely to be sensitive. 7.5.5 SELECTING A PROJECT TEAM Once the project issues have been identified and the political and regulatory climates have been assessed, the next step is to pull together a project team custom tailored to work in this setting and to address these issues. The identified project issues should dictate the composition of the project team. As described in Section 7.1, the environmental project team should be a mu1tidisciplinary group of professionals. Depending upon the specific needs of the project, the environmental permitting team should he comprised of some or all of the following:

Technical experts - the engineers, hydrologists, geologists, and resource specialists who address thc site-specific environmental issues. k g a l experts - legal counsel with significant mining regulatory experience who can identify applicable laws and regulations, develop compliance strategies, and who have good contacts with the regulatory agencies.

in-house staff and consultants, and the consuitants may all work for one company or may be a consortia

comprised of independent consultants or several consulting companies. Managing a single contract with one full-service consulting firm may be simpler than developing numerous smaller contracts with individual specialists or smaller firms. However. this approach may not provide adequate expertise for some specialized, site-specific issues. For projects which are anticipated to be controversial or require specialized technical expertise, it is usually better to hand pick a group of experts on the basis of their qualifications, rather than to select one consulting firm with the hopes of streamlining consultant management requirements. Whenever possible, local consultants should be used in preference to importing consultants. Local consultants can provide an understanding of state and local regulations as well as established contacts with key regulators. However, in areas with few or no mining projects, local consultants may not have sufficient experience with mining to be qualified to perform the work required. In this case it may be prudent to augment the local team of consultants with senior-level consultants from outside the area who are experts in mining issues. In some cases it may be necessary to retain a "big gun" consultant (i.e., a well known professional with impeccable credentials and extensive experience with the issue at hand) to providc expert testimony or a similar level of advice. The need to hire such an individual can be triggered by either technical or political issues, In order tn have the greatest impact. a big gun consultant should be reserved for venues at which the appropriate decision-making regulatory and/or political authorities will be present and at which key decisions will be made. 7.5.6 WHEN TO INITIATE PERMITTING

Guvernnicnt relarims experis - lobbyists or other professionals to provide a strategy for addressing

legislative proposals or other political issues affecting mining in general or specific aspects of the project. Community relations experts - a communications and public relations specialist who can develop a media management strategy and help prepare and disseminate information about the project.

The efforts of all of these experts must be coordinated in order to be most effective. In some cases, one group or individual may perform more than one function. For example, the community relations expert may have adequate political contacts to provide political strategy advice. Similarly the law firm retained to provide legal dvice on environmental permitting requirements may also have senior partners with useful political contacts. The team can be comprised of any combination of

One of the most fundamental questions to be asked in developing a project permitting strategy is when to initiate the permitting process. The pennit process is a legal procedure which f o ~ ~ o wsteps s proscribed by statutes and regulations. Typically this process is started by filing a permit application or a project proposal with a specified regulatory agency. Any technical or environmental studies performed prior to taking this step are not part of the legally defined permitting process. For projects on federal land, submittal of a Plan of Operations is the action which initiates the permitting process described under the Federal Land Policy Management Act (FLPMA). As described in Section 7.6, this process involves preparing an environmental document, either an Environmental Assessment or and Environmental Impact Statement as outlined by the National Environmental Policy Act (NEFA) to assess the effects of the project. On the state level, submitting a


state permit application typically starts the legally defined permit process. In an age of increasingly protracted permitting schedules, there is a growing tendency t.o initiate permitting activities and environmental studies prematurely. Initiating the permitting process and performing extensive environmental baseline studies too early can be an expensive mistake. Environmental baseline data need to be collected in the context of a proposed project, and successful discussions with project opponents and the media regarding the potential impacts of a project can only be achieved by presenting technical evidence that project impacts can be controlled and mitigated. Prematurely initiating permitting activities only serves to subject a project to public scrutiny and criticism prior to having adequate information about the engineering, monitoring, and reclamation measures which will be used to address environmental concerns. Therefore developing sufficient economic and feasibility data and determining the best mining, processing, and reclamation options is advisable prior to commencing the permit process. Although starting the permitting process too early can create problems. it must be emphasized that for controversial projects there is an early need for community relations, information dissemination, media management, and government relations programs. These programs should develop community, media, and political contacts and nurture public support and trust so that the technical information about project design and environmental controls can be a principal public and media focus during project permitting efforts. Community, political, and media communications programs implemented early during a project can pay important dividends in later project permitting efforts.

7.5.7 DEFINING PROJECT SCOPE Defining the scope of a project is an important element in developing a permitting strategy. The project scope determines the size and duration of the project and influences the nature of some project impacts. Traditionally mining projects have been permitted and devclopcd in stages, starting with a core development and expanding incrementally. The permit applications for each expansion phase deal principally with the expansion and rcfercnce previous permit submittals and environmental studies. In the past, permitting a project in phases was a way in which to expedite the permitting process because permitting a smaller project generally required less time and effort than permitting a larger project. However, the rcgulalory community and the public have recently become less accepting of a piecemeal or phased approach to project permitting. Many agencies are encouraging and even requiring applicants to submit applications for

361

some or all probable future project phases in conjunction with a permit application for a project proposed for the immediate future. Project applicants are now faced with the important decision of whether to permit a project in phases versus permitting all foreseeable activities as one large project in an omnibus-type permit application. An omnibus permit application typically presents detailed designs for the project elements proposed for the immediate future and provides conceptual plans for envisioned expansion phases. This approach requires considerably more up-front planning than permitting a project in phases. In some settings, the size of the project per se does not determine the type of intensity of public concerns or regulatory requirements for a project, and small projects may be subjected to the same level of public and regulatory scrutiny as larger projects. For example, there is little permitting advantage today in developing a pilot-scale project because a pilot-scale project triggers all or most of the regulatory requirements as a full-scale project. Unless there is a compelling technical reason to develop a pilot-scale effort, there is typically little to be gained from a permitting perspective because permitting the pilot-scale project will be time consuming and expensive. On a per ton basis, permitting costs for smaller projects are typically higher than for larger projects (Bailey, 1992). With the exception of socioeconomic impacts, most of the environmental and permitting issues facing a proposed project are not particularly sensitive to project size. For instance, public concerns about cyanide use and the potential for water quality impacts may be similar for a 3 million ton or a 30 million ton heap leach operation. Similarly, assuming the same permitting requirements, the length of time required to permit the 3 million ton project will not be significantly shorter than that required for the 30 million ton effort. Given these considerations, coupled with the likelihood of more stringent future regulations, there can be future dividends associated with the omnibus approach and permitting as much of a project as possible in one effort. If a future expansion is included as part of an original permit application, some agency rules allow a streamlined process to review the &tailed designs for the expansion, and approval of the expansion as a minor modification of the cxisting permit. Conversely, if the future expansion is not included as part of the original permit application, it may be necessary to start the entire permitting process again to obtain permits for the expansion. If that process is controversial, time consuming, or expensive, it is probably prudent to permit as large a project as possible in one effort rather than to submit to numerous protracted permitting efforts for each expansion phase. Determining the scope of the project thus becomes a

very important component in the overall permitting strategy. Defining the scope of the project involves cvaluating all foreseeable mine development, and weighing the pros and cons of preparing an omnibus permit application to include future development versus permitting the project in phases is an important exercise. This evaluation should assess corporate, exploration, engineering, environmental, regulatory, and political factors in reaching a conclusion.

7.5.8 THE PERMITTING SCHEDULE Environmental permitting professionals are often asked to make estimates of the amount of time required to permit a project. Depending upon the circumstances, developing schedule estimates can either be fairly straightforward or highly conjectural. For most projects, estimates of the length of time r e q u e d to permit a project should be regarded as a forecast rather than a plan based on a set of known parameters. Like any forecast, a permit schedule estimate needs to be constantly updated to reflect changing circumstances. The many factors which can prolong the permitting process include both external and internal considerations, and controllable and uncontrollable circumstances. Most regulations establish specific time limits for various stages of the permit review process. These established time periods should usually be construed as the minimum length of time required to secure a permit. Except for unique circumstances, the concept of fast tracking a mining project through the permitting process is largely a thing of the past. In today's regulatory climate, very few agencies are capable of processing a permit application in less than the time allotted to them by statute or regulation due to manpower and budgemy constraints and the increased level of third-party scrutiny to which mining projects are now subjected. Projects which are potentially controversial have a high probability of having prolonged and unpredictable permitting schedules. The prolonged and unpredictable nature of permitting schedules for controversial projects can be minimized to an extent by the amount of effert expended in addressing and controlling controversial issues. As discussed in Section 7.5.10, effective public, government, and media relations programs can facilitate permit acquisition, and may be a crucial element of an environmental permitting strategy for a controversial project. A frequently overlooked factor controlling permitting schedules is the level of commitment and effort devoted by the applicant towards permit acquisition. Assigning sufficient budget and personnel to a project permitting effort is critical to maintaining permit schedule objectives. Inadequate or fluctuating staffing and funding levels for permitting efforts can contribute significantly to the length of time and ultimately the cost of permit

acquisition.

7.5.9 IDENTIFYING FATAL FLAWS An effort should be made to identify any permitting risks or legal or environmental fatal flaws associated with the project during the early stages of developing a permitting strategy. A fatal flaw analysis should evaluate the suitability of the site for mining and should focus on factors which could preclude or severely restrict mining. Contacting local wildlife officials to assess the potential for endangered species in the project area is one of the most important components of a fatal flaw analysis because unmitigated adverse impacts to species on the Federal Threatened and Endangered list can stop a project. A site suitability analysis should also determine whether any mandated unsuitability criteria or land withdrawals apply to the site. Unsuitability criteria vary from state to state; examples include wetlands, water bodies protected by restrictive anti degradation water classification status, wildlife preserves, cultural sites, and certain types of public land.

7.5.10 AUTHORITY FOR PERMIT DENIAL From a legal perspective, most regulatory agencies do not have the discretionary authority to deny a permit application for a mining project if the applicant can demonstrate that the proposed project will comply with all environmental protection requirements. Traditionally, many project applicants have assumed that permits for a project will eventually be granted and any uncertainty in the permitting process has rested with the amount of time and money required to secure the necessary permits. In the future, however, the question may not be when a project is permitted, but ifa project is permitted. Given the current political climate towards mining in many areas of the U.S., there is potential for regulatory agencies to be given more discretionary authority in the future to deny mining permits. Many anti-mining activists are lobbying on the state and federal levels to rescind or greatly restrict a mining applicant's right to a permit even though a project may meet all regulatory requirements. Those opposed to mining would like to give the regulatory community and the public a greater opportunity to regulate and rcstrict mining operations on the basis of subjective and discretionary factors. In this setting, the risk associated with how long it may take to obtain permits needs Lo be reevaluated in terms of the risks associated with being denied a permit.

7.5.1 1 CONTROVERSIAL PROJECTS In areas where mining is controversial, persistent political and legislative assaults upon the mining industry are predictable. Effective community


involvement, government relations, and media management programs are critical to the success of permitting efforts in this environment. Mining project proponents working in this regulatory and political setting must be prepared to participate in lobbying, communication, and information dissemination efforts to support their project, to educate the community about the project and the importance of mining, and to refute the misinformation typically spread by anti-mining activists. Regulatory decisions in this setting may be influenced by political factors and public opinion rather than being based solely on science and technology. Thus a project proponent must make a concerted effort to influence political decisions and to manage public opinion with the objective of minimizing the political aspects of regulatory decisions on mining projects. In a controversial setting, it is necessary to create a political and public opinion environment which dlows elected officials to feel comfortable in supporting (or at least not actively opposing) a project, and which allows regulators to base their decisions solely on technical rather than political factors. An environmental permitting strategy for a controversial project must thus address issues which are a complex mixture of legal, political, technical and regulatory concerns. Although some of these considerations are not traditionally viewed as being part of “environmental permitting” by the mining industry, they are critical to the success of mine permitting efforts for controversial projects. The task facing the mining industry in these settings is how to tight smarter - not how to tight harder, and integrating community involvement, government relations, and media managemcnt into the permitting strategy sets the foundation for a fight smarter strategy. 7.5.12 UPDATING PERMITTING STRATEGY

363

corporate objectives for a project can either enhance or diminish the importance of the project to the company and this change would need to be incorporated into the permitting strategy.

7.5.13 SUMMARY AND CONCLUSIONS A we11 conceived permitting strategy is critical to the success of permitting efforts for a mining project. Developing a permitting strategy involves identifying key issues and players, developing working relationships with key players, nurturing useful contacts with important elected officials, gathering a team of experts to address project issues, and planning and preparing to respond to key issues. The task of developing a permitting strategy is largely the responsibility of the project manager andlorlthe environmental coordinator. However, a coherent strategy requires input from a number of the professionals on the project permitting team. Implementing a permitting strategy involves integrating the advice and perspective of key project players and balancing the many complex issues affecting the project. This task typically requires the ability to work on numerous issues simuItaneousIy and to understand how these issues are interrelated. Conditions affecting permitting efforts for a mining project can be complex and mercurial. The volatile nature of these conditions requires frequent review of the permitting strategy to determine whether the strategy is still appropriate.

7.6 THE ENVIRONMENTAL IMPACT STATEMENT PROCESS 7.6.1 EIS PROCEDURES, CONTENT, AND SCHEDULE by R. Larkin 7.6.1.1 Steps in the EIS Process

Developing a permitting strategy must be an iterative effofl which is responsive Lo changing circumstances. A permitting strategy needs to be constantly reviewed to determine if modifications are warranted to accommodate new events. Circumstances which may require modifications to the permitting strategy include external changes in the political or regulatory arena, newly identified features or concerns at the project site, or internal changes in corporate plans, objectives, or structure. Modifying the permitting strategy can encompass changes in schedule, personnel, or even approach. For example, proposed anti-mining legislation or development of new regulations may necessitate devoting more effort towards government relations and lobbying, which in turn can affect the schedule and budget for other permitting efforts. Similarly, shifts in

Step I . Notice of Intent (NOI) [40CFR 1501.71 Major Objective: Notification to afFected publics that an agency has made a decision to prepare an Environmental Impact Statement. Step 2. Scoping t40 CFR 1501.71 Major Objective: Early identification of significant issues related to the proposed action. Step 3. Environmental Analysis 140 CFR 1502.161 Major Objective: Display relationships between Direcflndirect, Long TedShort Term and conflicts

364

CHAPTER 7

or tradeoffs. Step 4. Draft EIS [40 CFR 1502.9(a)] Major Objective: Provide information that the agency is considering for public comment. Step 5 . Final EIS [40 CFR 1502.9(b)] Major Objective: Provide final information that the agency is considering plus responses to public comment during draft. Step 6. Record of Decision [40 CFR 1505.21 Major Objective: Public notification of what alternative the agency selected and why that alternative was selected. Step 7. Appeals and Litigation Major Objective: Provides publics aggrieved with the agency's decision to have either a higher administrative review or have a court of law review agency's decision.

7.6.1.2 EIS Format, Content, Schedule 7.6.1.2.1 Recommended EIS Format [40 C F R 15 02. I 01

(a) Cover Sheet (b) Summary (c) Table of Contents (d) Purpose of and need for action (e) Alternatives including Proposed Action (f) Affected environment (g) Environmental consequences (h) List of Preparers (i) List of Agencies, Organizations and persons to whom copies of the statement were sent Q) Index (k)Appendices

7.6.1.2.2 EIS Content [40 C F R 1502.18] (a) Cover sheet (1 page)

This is to provide a list of the responsible agencies, titie of the proposed action, location of where the action is located, name, address, telephone number for additional information, designation of the document as draft, final or supplement, one paragraph abstract and date by which comments must

be received.

(b) Summary ( 1 - 15 pages) This is a separate statement from the abstract and accurately summarizes the statement to include major conclusions, areas of controversy, issues to be resolved and choicc among alternatives. (c) Table of Contents (1-5 pages)

Provides a list of chapters, corresponding page numbers.

appendices and

(d) Purpose and need (1-5 pages) A brief statement specifying the underlying purpose and need that the agency is responding to including alternatives. (e) Alternatives including the proposed action (5-25 pages) This is the heart of the EIS. providing the results of the information and analysis presented in the Affected Environment and Environmental Consequences and presenting the environmental impacts of the proposal, the alternatives in a comparative form designed to sharply define the issues and providing a clear basis for a choice among options. (f) Affected environment (5-25pages)

A description of the affected environment shall be no longer than is necessary to understand the effects of the alternatives, including the proposed to the existing environment. (g) Environmental Consequences (5-25 pages)

This is the scientific and analytic basis for the comparisons under the alternatives section and shall include any environmental effects which cannot be avoided, the relationship between short-term uses and long-term productivity, irreversible or irretrievahle commitments of resources, direct and indirect effects and their significance, conflicts, energy requirements and conservation potential. and means to mitigatc adverse environmental effects.

(h) List of Preparers (1 -2 pages) Listing of names, qualifications of the persons who were primarily responsible for preparing the document as well as significant background papers.


365

EIS Schedule

Action Item

Typical Timeline

Scoping

1 to 3 months

Data 3 months to 2 years Collection/Analysis

Drafting Review Document

3 to 6 months

Review Document Circulation

45 days to 1 year

Final Decision

1 month to 1 year

Appeals and Litigation

3 months to ?

Total Time Average

8 months to 4 years

Influences o n Timeline

Pit Falls

Agreements between parties on what Making sure that the NO1 is filed issues are important and what public before starting public involvement involvement is needed Availability of some types of data (e.g., Agency disagreements on data standards, analysis seasonal nature of plants, archeology), costs and availability of specialist Availability of qualified personnel to Critical Contractor understands Agency requirements or complete the writing rewrites become very expensive Adequate review time depending on Peter Principle reigns supreme on this one-if it will go wrong significance of issues and scope of here is where all the hard who needs to be involved work breaks down. Don't despair-just keep going. All bets are off here: if you think Agency procedures, politics, local economics, regional, national issues you had an agreement, you really didn't. Time to play hardball-pull out all stops. Internal Agency process, Court rulings and procedures; what you thought was a nice simple project just turned ugly. If you want a friend here, buy a PUPPY.

(i) List of Agencies, Organizations and persons to whom copies of the statement are sent.

7.6.2 MEMORANDUMS OF UNDERSTANDING by T. Leshendok

Listing of who received the document. 7.6.2.1 Introduction (j)Index

Cross reference of important words, concepts, names, objects or subjects.

(k)Appendix Material that is not suited for the main text, but important as background or additional information to help the reader understand the scope, context, magnitude and relationship to other material.

The federal agency that makes the "federal action" decision is responsible for preparing the NEPA document. To meet agency goals, the agency has found that formal agreements have been beneficial in two major areas: agreements with the cooperating or participating agencies in the same specific project and NEPA document, and agreements for preparing hd-party NEPA documents, with the three parties being the federal agency, the proponent and, usually a contractor or consulting company or individuals.

366

CHAPTER 7

7.6.2.2

Cooperating Agencies and MOUs

AS analysis of federal actions become more complex, many agencies have found that preparing NEPA documents jointly with one or more federal, state or local agency partners fosters a unified, more consistent analysis of a project. For example, the Bureau of Land Management (BLM) in 1992 in Nevada, for a prepared NEPA document on a copper mine application in the Ely District, formally added the State of Nevada, Division of Environmental Protection; White Pine County; and the City of Ely as full participating agencies that are listed on the NEPA document. These agencies then assisted the BLM in providing data and analyzing the proposal. The NEPA document was aIso sent to other interested state and local agencies as part of the specific public participation process. Primary reasons for joint preparation, such as reducing delay and eliminating duplication, are formally identified in the Council on Environmental Quality (CEQ) regulations, 40 CFR 1500.5 h. CEQ also lists in 40 CFR 1506.2 that such cooperation shall, to the fullest extent possible, include joint planning processes. joint environmental studies, joint public hearings and joint environmental assessments. Practically, such participation usually does save time and effort for all parties since many disputes and issues me resolved and a p e d to internally within the participating agencies before public disclosure is made. Agencies may or may not develop formal Memoranda of Understanding (MOUs) between or among participating parties. A typical MOU among participants will be a concise document which identifies who is the lead agency, defines schedules for complcting each task, defines the responsibilities of the cooperating agency(ies), and lists administrative procedures of the MOU itself. Several agencies require the cooperating agencies be identified in a Federal Register notice.

contractors or the operatdapplicant have taken control of the process from the agency. Many federal agencies will strongly emphasize that the third-party EA or EIS is their document, and assume full "ownership" of all statements and decisions. So far, no third-party EA or EIS has been challenged successfully in court with respect to lack of ownership or control by the responsible federal agency. One concern that has been raised intermittently is the variability of the EA or EIS process and policies. Such variability has been noted and discussed on several levels: significance, regional or state differences, length of documents, conflict of interest, document organization, MOU, etc. One example, noted in a recent Rocky Mountain Mineral Law Foundation meeting, identified an apparent variability in BLM state office decision making especially as to whether an EA or EIS was necessary. The author concluded that such was "not necessarily inappropriate if content and intensity are taken into account." The issue of variability raises an extremely important point: even with CEQ and agency regulations, many aspects of the NEPA process vary by agency and locations. It is important that anyone who 1s participating identify the agency or local concerns and variations early in the permitting/NEPA process. Early up-front coordination with the lead agency becomes paramount for any operator or contractor with a short timetable. Almost all the principal guidelines of an agency may vary, and the MOUs for third-party contracts may also vary in many ways. Figure 4 shows a composite MOU taken from BLM and U.S. Forest Service MOUs for development of a third-party EA or EIS documents for gold mining prospects in the Great Basin, in the early 1990s. In developing an MOU the key components to keep in mind are:

7.6.2.3 Third-Party NEPA Documents and MOUs Many agencies have used contracting of all or parts of NEPA documents as a management tool for the following reasons: heavy permitting workload, lack of environmental or technical specialists in an agency, scheduling concerns, and saving taxpayer funds. The CEQ allows this practice but provides no detailed requirements. The primary requirements in 40 CFR 1506.5 focus on having the responsible federal agency furnish guidance and participate in preparation. The key factors in the regulations are that the federal agency shall independently evaluate the statement prior to approval and take responsibility for scope and contents. Several agencies have been criticized by some interest groups due to perceptions that third-party

0

Agency variations for that project. Special needs, e.g., enhanced cumulative impacts. Clear roles and points of coordination. Clear understanding of agency data and studies requirements, if any. Timetable and clear scheduling of EIS/EA steps. Who will the actual contract selector be?

Formal coordination through agency MOUs can be an important factor in developing a sound NEPA document and ensuring a proposed project receives proper analysis and review. 7.6.2.4

Conflict of Interest Issues

The federal land managing agencies can take third-party conflict of interest concerns seriously regarding preparation of NEPA documents. Possible


preparers or "third parties" need to ensure they are aware of the particular agencies' policies. For example, the BLM has formally indicated in at least one western state in 1992 that an environmental firm would not be eligible for award of a third-party EIS if they had participated in the preparation of the Request for Proposal (RFP) and/or prepared the Plan of Operation for the proposal. Review with Department of the Interior solicitors indicated that this would be a conflict of interest pursuant to 40 CFR 1506.5(c). This applies to the EIS process; not the EA selection process. MOUs, developed early, can offset future "conflict" problems. Most agencies use two different processes for EAs and for EISs. Again, variability in policy and process mandate early identification of these issues at a particular location. In several agencies, an applicant may bring a consultant in on the initial scoping for an EA and have the consultant prepare the EA. This may not be acceptable for EISs in the same agency. The composite MOU in Figure 4 follows EIS preparation processes and policies. Figure 4 Compositehlodel Memorandum of UnderstandingBetween a Federal Agency (and other agencies as necessary) and a Mining Company I. Introduction/Purpose 11. Authority. Identified agency law and regulatory authority. May refer to agency formal manual or handbook. Ill. General Provisions A. Establish roles and responsibilities. Identify lead agency. €3. Identifies interdisciplinary team and any special needs, (e.g., cumulative impacts policies). C. Identifies EIS procedures outline, e.g., scoping, public participation, etc. Should include preparation of "Preparation Plan." D. Needed environmental studies; data standards, provisions, if needed. E. Confidentiality. Identifies confidentiality provisions; Freedom of Information requirements. F. Monitoring and coordination schedules. G. Responsibility. Affirms agency responsibility for document; gives any special instructions as to preparation. IV. Procedures for Selecting a Contractor A. Establishes contracting rules and provisions. B. Selection procedures: 1. Joint preparation of RFP and schedule.

payment

367

2. Technical Proposal Evaluation Committee or joint process committee for hiring contractor. Identifies agency selectors. 3. Selection standards; experience, education, and any licensing criteria, e.g., PE. 4. Selecting - Agencies select. Applicantlproponent

pays. C. Contractor Provisions 1. Points of contact and coordination. 2. Contractor schedule of action. 3. Record keeping and data requirements. 4. Special provisions, e.g., special design of visual aids, special ADP applications, etc. D. Agency Provisions to Contractor V. Terminations and Modification VI. Sianature Blocks

7.6.3 SELECTING AN EIS CONTRACTOR by L. Russell 7.6.3.1 Introduction

The Council on Environmental Quality (CEQ) regulations (40CFR 1500) encourage integrating NEPA with other planning and environmental permitting procedures so that all such procedures can run concurrently rather than consecutively. The wise selection of a third-party consultant to develop an EIS or an EA can greatly assist the efficient and cost effective procurement of all required NEPA and permitting information. This can save the proponent significant expenditures of money and time in developing a proposed project; and at the same time, result in a better EIS/EA from which agencies can base decisions and actions on a proposed project. 7.6.3.2 Approaches to EIS/EA Preparation

There are three general approaches to developing an Environmental Impact Statement (EIS), or an Environmental Assessment (EA): the Proponent Directed, the Agency Directed and Third Party Contract. Under the Proponent Directed approach the project proponent retains a contractor to design and perfom bascline studies, prepare environmental documents and an operating plan which is then submitted to the lead agency involved. The proponent generally discusses environmental data collection and potential project components with the agency prior to initiating the NEPA process. The submittal of the Plan of Operations generally triggers the preparation of an EIS/EA by the lead agency using the data supplied by the proponent. The CEQ regulations, however, require the lead agency

368

CHAPTER 7

to evaluate and take responsibility for the accuracy of the information submitted. The disadvantages of this approach are that the lead agency may disagree with the project scope, the baseline studies conducted, or the alternatives analysis performed by the proponent. This would require additional data collection and reassessment of the project scope and environmental consequences. Not only would this delay the preparation of the ETSIEA. the proponent may also pay twice as much for the development of the EISEA. On the other hand, if the agency accepts the proponent's information without sufficient vcrification, the EISEA is exposcd to subsequent litigation on its adequacy due to the failure of thc agency tu conduct an independent evaIuation of the data. This approach may also require a second learning period for the agencies to become familiar with the project purpose and need, thc affected environment, the potential alternatives to the proposed action, and the potential consequences of the action alternatives. The persons preparing the baseline work may be different than those writing the EISEA which may lead to delays and misinterpretations of data. The second approach is the Agency Directed EISEA. Under this approach, the lead agency, after coordination meetings with the proponent and other cooperating agencies, designs the baseline program, collects andor manages baseline data collection. develops alternatives to the proposed action, and wntes the EISIEA. The disadvantage of this approach is the complexity in management. This approach relies heavily on personnel within the lead agency and cooperating agencies. The quality and continuity of the EISEA effort is dependent upon the internal agency priorities and funding. This approach may hinder agency responsibilities in other regulatory, land management and resource programs. In addition, the agency must manage consultant's efforts and involvement by the proponent. The potential for delay in completing the EISEA is high under the Agency Directed approach. The third approach is the Thlrd-Party Contract. Under the contract approach the lead agency and proponent enter into a "third-party contract" termed a Memorandum of Understanding @IOU). The MOU providcs for the i d agency selection of a private contractor to be paid by the proponent. Thc CEQ regulations (40 CFR 1506.5(c)) require the consultant to be sclected solely by the lcad agency "to avoid conflict of interest". As discussed in Section 7 . 6 . 2 , the MOU should clearly define agency, contractor and proponent roles, responsibilities, restrictions, and authorities; as well as procedures or processes, time frames and the basis for modifying and terminating the contract. Under the third-party contract a consultant collects baseline data pursuant tn the scopc of work dcvcloped by the agency and proponent, prepares an impact

assessment, preliminary, draft, and final EISEA. The lead agency provides guidance in the baseline collection effort (potentially including technical oversight during the baseIine studies), participates in preparing the document, independently evaluates the statement prior to its approval, and is responsible for the scope and content of the document. The proponent provides data to the lead agency and contractor for incorporation into the NEPA document. The advantages of this approach to EISEA development include cfticiency, r e d d potential for delay, and a high quality EISEA, depending upon the contractor selected. Some parts of the ETSEA may k developed simultaneously with the bascline data collection which expedites the overall EISlEA time frame. A contractor generally has the manpower necessary tn meet established deadlines. A disadvantage of this approach, especially from the proponent's perspective, is the loss of control in the process. This is due to the CEQ requirements that the contractor be under the control of the lead agency. The agencies and/or the contractor may not be sensitive to the proponent's financial expcctations and development schedules. This issue can be reduced somewhat by developing a well thought out MOU. In addition, the loss of control in the process may be offset by a reduction in the risks of delay in project development by either agency disapproval of the fundamental elements of the scope and baseline studies, or a successful appeal of the EISEA. The third-party approach may also require use of a full-service environmental consultant with considerable project management skill to successfully coordinate the effort and meet established deadlines. This may be especially true for preparing an EIS. The selected approach to preparation of an EIS or EX will depend on the proposed project, the resources available to the proponent and the regulatory agencies, and whether an EIS or EA is being prepared.

7-6.3.3 Selection of Consultants Although the contractor must be selected solely by the lead agency, the proponent participates in the process leading up to the selection of the contractor by first helping draft the MOU which descrihcs the authority, rolcs, responsibilities, and coordination requirements for the proponent, agency and the contractor. Second, by providing input into the scope of work dcvcloped for the project. This document describcs in gcncral terms the project definition, permit process and the significant environmental issues to be &es.sed in the analysis. A good scope of work will help ensure that the conlractor proposals focus on the important project and environmenlal issues. Third, by providing input into the request for proposal (RFP) including the contractors to be contacted and the criteria to be used for selection of


the contractor. The request for proposal will also include the MOU and scope of work. The criteria by which a contractor and/or contractor team is selected will vary from project to project based on the site and mining proposal. However, the following general criteria should be evaluated: NEPA Experience Credibility (Agency Relationships and References) Data Analysis and Interpretation Methodology Project Manager Mining Regulation Knowledge Mining and Processing Operations Knowledge Schedule of WorWCommitment costs Public Communication Skills Geographic Location In sclccting a consultant it is important to assemble a team of professionals in the fields of wildlife, fisheries, vegetation, water quality, geology, archeology, etc, as wcll as mining and process engineers, to assess the affected environment and evaluate impacts from a proposed action or action alternatives. The experience, tcchnical qualifications and methodology (including quality control and quality assurance) of those collecting the data are important in obtaining reliable and defensible data. The contractor must be competent and have credibility with other regulatory agencies and the public. A contractor should also be able to provide references to the quality and timeliness of past NEPA work. A critical aspect of selecting a consultant is designating the contractor's Project Manager who directs, supervises and coordinates the EISEA effort. A well selected project manager will work diligently to achieve the project schedules, remain within the anticipated project budget, and minimize conflict between parties involved in the process. In addition to NEPA experience and personal credibility, good pro-ject management, communication skills, and a commitment to the project are essential. The contractor must also have a working knowledge of mining regulations and operations. Consideration should be given to the contractor's sensitivity to the Plan of Operations and engineering feasibility studies prepared by the project proponent. This involves understanding the logistical, engineering, mineral processing, and economic constraints of the project, and the ability to balance these criteria with thc rcgulatory requirements of NEPA. Developing a clcar project definition in the scope of work, including preliminary engineering critcria, at the onsct of developing the EISEA, will help focus the contractor's efforts and expedite the process. Another consideration in selecting the contractor is geographic location. A local contractor should know the

369

local conditions, have established credibility with local decision makers, and preferably, have contract experience with the local agency. As the proponent has financial responsibility under the third-party contract approach, it is common for the proponent to focus on costs when evaluating or suggesting contractors for performing an EISEA. While a particular contractor may be expensive, good NEPA experience and an understanding of mineral development will expedite the process, thereby potentially saving time and moncy in the long run. Agencies, on the other hand, may tend to focus more on the regulatory process, looking for NEPA experiencc, expertise in baseline data collection and analysis, as well as the contractors methods and approach toward the EIS/EA. Howcvcr, the proponent should also be concerned with a consultant's understanding of the process. The proponent's financial interest in the project requires the consultant to have a complete understanding of NEPA and state, local and other federal regulatory requirerncnts governing thc project. It is important that the NEPA process be followed correctly to minimize the chances for a costly challenge to the EISEA. A successful challenge could make a project unprofitable due to extended delays and changing market economies. The resources available to the contractor should also be considered in the selection process. Small or independent contractors can bring a solid commitment to the effort as they may focus on this single project. A larger firm may try to "work this one in" as they attempt to maintain billable hours of large work staffs. For the smaller firm the project manager will require exceptional coordination skills as they will most likely be directing subcontractors to complete baseline studies and special investigations. Smaller firms, however, may be less expensive than larger firms. Larger firms can bring a "turn-key'' approach to an EISEA project. Studies and analysis can frequently be completed by personnel on staff which can improve project coordination and expedite the process. Larger firms may have a better base of available data and may survive difficult economic times better than a smaller firm. The disadvantages of a larger firm may be a lack of commitment to the project (one of many) and costs are usually higher. Once consultant proposals have been submitted in response to the request for proposal, they should be evaluated against the selection criteria and how well they address the scope of work. This can bc done by weighting each criteria according to its relative importance and rating each proposal based on how well it satisfies cach criteria. This provides an objective basis for comparing the proposals. Although the agency is ultimately responsible for contractor selection, both the agency and proponent should independently rate the proposals and discuss the

370

CHAPTER 7

results. Often there will be several contractors who are highly qualified and satisfactory to both the agency and proponent.

7.6.3.4 Summary The prime consideration in selecting an EIS/EA contractor should be competence, reputation and credibility. The more qualified the contractor, the less chance the EIS or EA will be successfully challenged. Agencies may tend to focus on a contractor's understanding of the NEPA process, data collection and methodology in an effort to comply with both the letter and spirit of the statue and implementing regulations. The proponent may put more weight on costs, schedule, and look for a consultant who understands the owner's financial expectations and the project development schedule. These differing priorities may cause conflict (whether actual or merely perceived) in the contractor selection process. Because of this, it is important to have a well developed scope of work which includes a good project definition, preliminary engineering criteria, permitting process, defined roles, and expected time frames when using a third-party contractor.

fundamental difference is the limited range of decision options associated with an EA. Projects approved by an EA can cause no significant impacts. In reaching a decision for a project analyzed by an EA, the responsible official from either the BLM or the USFS can either conclude that there are no significant impacts associated with the project and issue a "Finding of No Significant Impact" (a FONSI), or can conclude that there may be significant impacts and that an EIS will be required to evaluate those impacts. In contrast, if an EIS is prepared for a project, the responsible agency may approve the project even if there are potentially significant impacts, if it can be shown that these impacts have been mitigated to the greatest extent possible. The EIS must disclose the type, magnitude, and duration of the significant (and non-significant) impacts. As discussed in Section 7.6.1, both the EA and the EIS processes include an appeal process in which a third-party can protest the decision of the land management agency. In the case of appeals to an EA, the appeals typically contend that the project may cause significant impacts to the environment, and petition that an EIS be prepared.

7.6.4.2 EA versus EIS 7.6.4 ASSESSMENTS VERSUS IMPACT STATEMENTS by D. W. Struhsacker 7.6.4.1 The Difference Between an EA and an EIS The federal land management agencies (i.e., the U.S. Forest Service, USFS, or the U.S. Bureau of Land Management, BLM) must decide between preparing an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) for proposed mining projects. In some situations, the project proponent may be able to influence this situation by requesting preparation of either an EA or an EIS. This choice may also exist for projects in states with a state EA/EIS process. In requesting either an EA or an EIS, the project applicant is making an important commitment to a permitting strategy. Prior to deciding between an EA and EIS, the project proponent needs to understand clearly the distinction between an EA and an EIS, and to evaluate carefully any potential political issues affecting the project, land use decisions on federal land, and the likelihood of third-party opposition. Both an EA and an EIS are disclosure documents which describe project-related impacts. Contrary to the common misconception that an EIS is a more intensive review of environmental conditions than an EA, the real difference between the two documents is procedural; there are many complex legal requirements for public scoping and review that do not apply to an EA. Another

Generally speaking, an EIS has been required for most mining projects on USFS land. The situation has been different, however, for projects on BLM land. A number of mines developed during the 1970s and 1980s on BLM land were approved by the BLM with an EA. This was particularly true in Nevada and California. In 1989, the BLM made a nationwide decision to enforce a requirement to prepare an EIS for all future mining projects proposing more than 640 acres of cumulative surface disturbance. Other factors including anticipated significant impacts to a specific resource or the presence of a sensitive resource would also be sufficient to require an EIS. Following this decision, the BLM started preparing EIS documents for most major mining projects. In mid-1993 the Sierra Club and the Mineral Policy Center filed the first appeal of an EA for a mining project in Nevada. The appeal included the demand for an EIS, contended that NEPA requirements had not been met by preparing an EA, and also raised a couple of environmental issues. The appeal was sustained, the FONSI for the project was retracted, and the BLM was required to prepare an EIS. It appears that in the future the use of EA documents for approving mining projects, regardless of size, will become more and more limited. It may still be possible to secure approval for mine expansion projects with an EA, particularly if an EIS has already been prepared for the project. However, as discussed below, there will be business risks in attempting to permit mining projects with an EA.


7.6.4.3 Political Considerations There are inherent risks in trying to permit a mining project with an EA given the current regulatory climate and political atmosphere affecting mining in the U.S. In order for a FONSI to remain unchallenged by third-party intervention or to be upheld on appeal, the r e s p w b k agency must be able to convince the public and elected officials that the project will cause no significant impact to the environment. The current political atmosphere is not particuimly supportive of this conclusion; most elected officials, anti-mining preservationist groups, and the general public feel that projects involving open-pit mines, waste rock or tailings disposal facilities, or the use of cyanide processing facilities do involve a potentially significant impact.

7.6.4.4 Business Risk

-

EA vs. EIS

In attempting to permit a mining project with an EA, the project proponent must realize that projects with potentially significant impacts or controversial projects may incur unnecessary costs and delays by going through the EA process only to he subsequently required to prepare an EIS. The decision to prepare an EA rather than an EIS must also carefully evaluate any political considerations affecting the project, and whether political factors might precipitate an appeal of an EA. Permitting strategies for mining projects on federal land should thus carefully weigh the pros and cons of preparing an EA versus an EIS. In many regards the decision to attempt to permit a project with an EA is a business decision which must evaluate the risks associated with an EA and the financial impacts of delaying the project to prepare an EIS should the EA route prove unsuccessful.

7.7 DEFINING PROJECT IMPACTS AND PLANNING RECLAMATION by A. C . Baldrige and A. Czarnowsky Defining project impacts, developing mitigation and planning for reclamation are important components of the permitting process. The Environmental AssessmenVEnvironmental Impact Statement (EAE1.S) and permitting processes integrate these activities and allow regulators to review the operations under the framework of existing environmental standards and regulations, and provide the operator with a mechanism for monitoring the environmental performance and compliance of the mining operation. Although the critical evaluation of project impacts, mitigation and reclamation occurs during the permitting process, these aspects of the project must be routinely asessed throughout the life of an Operation to ensure

371

continued integration with changing project conditions and needs, updated environmental standards and new technology. The final plan should be detailed enough to allow evaluation against environmental standards, but flexible enough to adjust for on-site operating conditions. The evaluation of the impacts, mitigation and reclamation for a project should involve a variety of technical and regulatory experts. The team of specialists should include scientists, regulators, engineers, operators, and manufacturers' representatives, as appropriate. In defining project impacts, developing mitigation, and planning for reclamation, the team of specialists must recognize that every mine is different and presents a unique opportunity for integration of environmental baseline data, mineral system characteristics, project design, and engineering controls into a comprehensive environmental plan.

7.7.1 INTEGRATING ENVIRONMENTAL DATA Previous sections of this chapter have discussed collecting baseline and mineral system characteristics data and devcloping projcct dcsign and engineering controls. All of this information must be integrated into the permit documents to allow evaluation of project alternatives, assessment of project environmental impacts, and development of project mitigation measures. By necessity, to minimize the potential for environmental impacts, the data collection cannot be performed separately from the project design and development of engineering controls. The engineering design must be developed in conjunction with the evaluation of information received from the environmental baseline studies. Nor can mitigation in the true sense of the definition be separated from the ongoing data evaluation and development of the project design. Engineering design work, environmental data collection. impact assessment, and mitigation measure development cannot exist in a vacuum; all of the project components must be integrated together during the process to develop a comprehensive operational, reclamation, and environmental control plan. Baseline environmental data will allow an operator to develop a project that is protective of the environment. For instance, information on the location of prime wetlands or significant archaeologica1 sites within the project vicinity should be used to evaluate the location and design of project facilities. Information on baseline ground water and surface water quality should be used to develop engineering controls for the project. Information on vegetation and soils should be used to develop reclamation plans for the facility. Throughout the process, the team of involved

372

CHAPTER 7

specialists should be striving to refine holh the baseline studies and the initial operating proposal in light of the environmental characteristics delineated during the data collection period. In this respect, the integration of the baseline cnvironrnental studies, mineral system characteristics and engineering design and controls is a pracess which is ongoing throughout project permitting. This proccss requires coordination and teamwork from all specialists involved in the permitting. The team needs to be able to decide when to reevaluate an issue or study and when there is enough data to satisfy the informational needs. Throughout the process, there is a tendency to believe that more is better in terms of data collection, but at some point in the process, the data collcction must he judged adequate to allow for assessment of impacts, sclectirin of project alternatives, and development of mitigation. The process requires a strong project manager as well as a detailed schedule and budget which is agreed upon by the team of specialists. Once the hascline environmental conditions of the site have been determined, the mineral system characteristics defined, and the preliminary project designs and controls optimized, the next important step in the process is integrating these factors intn the permit document to develop alternatives and to predict the Issues and impacts that will result for the proposed project and alternatives under study. Some preliminary impact assessment must occur at this time in order to select project alternatives; however, the detailed impact assessment occurs after the alternatives are selected. 7.7.2 EVALUATING PROJECT ALTERNATIVES A mining project is made up of a number of

components. Components are separate elements which when joined together form the complete project. Components include the method of mining, waste rock disposal techniques, ore processing, wastewater treatment, tailings disposal, surface facilities, and access and transportation options. Alternatives are changes to the location, design. operation or reclamation of the project components, separately or as a whole project, which could feasibly attain the project's objectives but at a lower environmental cost or a decreased level of environmental degradation. Although project alternatives may reduce environmental impacts, they may also increase capital and operating costs. Alternatives analysis must carefully consider both the environmental and the economic consequences of each alternative. The EIS process requires that a number uf reasonabIe alternatives to thc operations as proposed hy the operator be examined. Depending on thc other regulatory requirements, other permits may also require a review of

alternatives. For example, most water quality permits require an evaluation of best available control technology (BACT) or all known available and reasonable technology (AKART). Thc following discussion centers on the EiS process since alternatives evaluation 15 critical to an EIS; however, the discussion could be easily applied to other permits as well. Selecting project alternatives focuses the evaluation of changes to the proposed plan which might have fewer environmental impacts than the proposed operations. Although not specifically required in the EA process, increasingly regulators are including analysis of a number of alternatives in an EA to protect against decision appeals due to a lack of discussion of potentially less environmentally damaging alternatives. Each project has technical, environmental and economical location criteria which must he met. In any given location, there may bc a number of feasible designs for facilities. Typically, an operator and the regulatory authorities will review a broad range of alternatives during the project development. This examination is essential in optimizing the ultimate project proposal. However. the examination can bc cursory or in depth depending on a determination of whether an alternative is reasonahle or feasible. The concept of reasonable or feasible as applied to the selection of alternatives has been the subject of much debate. In general, NEPA requires review of a range of reasonable alternatives which meet the purpose and objective of the operator's proposal, and alternatives which are not technically or economically feasible do not warrant further evaluation. For example, alternatives which are economically infeasible or significantly reduce the project returns could be considered as not achieving one of the objectives of the proposal; to provide a reasonable rate of return to project investors. Alternatives which are technically infeasible such as experimental mining or processing techniques should also be eliminated from further study. Although there is no specific prohibition against studying infeasible alternatives, it can be argued that such a study is unnecessary and does not fulfill the NEPA requirements since infeasible alternatives can also be argued to be unreasonable. The discussion of alternatives is a critical component of the EIS process. There must he a reasonahle array of alternatives to achieve the purpose for which an EIS is prepared. The alternatives analysis always includes evaluation of the project as proposed by the operator, as well as evaluation of a no action alternative. The no action alternative evaluates positive and negative impacts if the full-scale operations do not proceed. It should be noted that evaluation of infeasible alternatives essentially results in the evaluation of a nti action alternative, thus another reason that infeasible alternatives do not deserve further evaluation in the EIS document.

ENVIRONMENTAL PERMITTING 7.7.3 IMPACT ASSESSMENT Once the alternative selection is complete, the detailed impact assessmen1 can begin. The first step is to define the critical aspects of the project or proposed alternatives as they relate lo baseline environmental, mineral system characteristics, project design and engineering controls. Critical aspects of the project are those aspects which could create political, environmental, or technical issues. It is important to keep in mind that an issue can and should be either positive or negative in nature. Once thc critical aspects of the project are defined, then the impacts associated with these aspects can be developed. Impacts can be defined as changes in the environment caused by critical project aspects or affecting those items defined as critical aspects. For instance, the use of cyanide for processing could be considered a critical aspect, and impacts of the use of cyanide on the environment should be evaluated. Similarly, maintaining down gradient water quality could be a critical project aspect and the potential for water quality impacts should be evaluated. It is important to remember that impacts can be either short term, long term or permanent and that impacts can be both positive and negative. The team of specialists should reach a consensus on what defines critical aspects and impacts before proceeding. This is crucial to the completion of the permit process. A strong project manager and knowledgeable regulators will help to reach this consensus. An operator may also be asked to provide additional information for use in this process. Impacts must be assessed for both the proposed project and any alternatives under study. The proposed project may have differing critical aspects from the alternatives resulting in separate impact assessments for each alternative being evaluated. Keep in mind that even a no action alternative can have impacts, particularly in the area of socioeconomics. The impacts should be evaluated individually and as cumulative impacts. Individual impacts are those impacts which result only from the alternative being evaluated and do not take into consideration any other action: past, present or future. The Council on Environmental Quality has defined cumulative impacts as impacts on the environment which result from the incremental impact of the proposed action when added to other past, present and reasonably foreseeahle future actions regardless of what agency or person undertakes such other actions. These actions can be mining or non-mining related actions. The Council goes on to say that cumulative impacts result from individually minor, but collectively significant actions taking place over a period of time. Although for a number of years proposed coal mining projects have been required to evaIuate cumulative impacts, in recent years the cumulative impact analysis

373

has taken on a great degree of importance in the permitting of other types of mines, particularly in areas of concentrated mining activities such as in certain parts of Nevada. Cumulative impacts have been analyzed in several different forms. Typically in the development of the document, each baseline resource study is separately evaluated for cumulative impacts. In evaluating cumulative impacts, the use of reasonably foreseeable future actions has been difficult to interpret. In most cases, an agency has interpreted an action to be in the reasonably foreseeable future if the economic feasibility has been fully evaluated, engineering work implemented, and the action is forthcoming (e.g., permit applications have been submitted). Actions which are not expected to occur in the reasonably foreseeable future can be discussed in the document, but do not need to he evaluated as part of the cumulative impact assessment. The assessment of worst case impacts is sometimes used in impact assessment to determine the impacts of catastrophic accidents. This assessment is completed in the case of potential transportation accidents for hazardous materials and possible catastrophic failures of project components. Caution should be used when assessing worst case scenarios, as they can be quite alarming and unrealistic in nature. Risk assessment or a probability analysis type arguments can and should be used to dissuade the evaluation of worst case impacts as unrealistic and unreasonable. Impacts typically evaluated for a project are defined as direct impacts. However, there can also be indirect impacts as a result of the mining project. Indirect impacts are those that are associated with a project but generally occur off-site. For example, an indirect impact to a mining project might be the impact of a new trailer park that might he developing as a result of the proposed mine. Another example would be an increase in secondary employment in the communities surrounding the proposed mine. Generally, there is not a definite distinction where direct impacts end and indirect impacts begin. However, typically, indirect impacts would be associated with indirect population increases resulting from the development and operation of a mine. Once the project impacts and those of any identified alternatives have been identified, then an evaluation of the potential mitigation o f the impacts can occur. For every impact identified there is a mitigation measure which can be implemented to minimize or eliminate the impact. The next section discusses the evaluation of mitigation measures for project impacts.

7.7.4 MITIGATION Mitigation measures are those measures which can be implemented for a given impact which Iessen or eliminate the effects of the impact. Before determining

374

CHAPTER 7

individual mitigation measures, the team of specialists must define the goals and objectives that they hope to achieve by implementing mitigation measures for each impact. These goals and objectives for mitigation must be reasonable and achievable. For instance, in defining a goal for the impact of cyanide spills, it may be unreasonable to state that the mitigation is to eliminate the use of cyanide, but is more reasonable to state a goaI of development of a comprehensive emergency response plan to minimize the potential effects to the environment in the event of a spill. In developing the mitigation goals and objectives, the team also needs to consider the existing regulatory requirements which will impact both the need for mitigation and the way that the mitigation must be implemented. Regulatory requirements can and will dictate both the goals and objectives and the way that the mitigation must be performed. Regulatory authorities should play a key role in the mitigation discussions. Once the mitigation goals and objectives are defined, the project impacts can be evaluated for indwidual or collective mitigation measures. The simplest way to complete this evaluation, particularly if the evaluation involves a number of alternatives, is to first determine impacts which may have common mitigation measures. For example, impacts to vegetation and wildlife may have a common measure in the requirement for reclamation. In addition, in the case of evaluating a number of alternatives, those impacts and mitigation measures common to the different alternatives can be evaluated together. By eliminating those mitigation measures common to different alternatives, one is left with those that are unique to the individual aiternative. The development of mitigation measures should be viewed as a problem which presents an opportunity for solution. The solutions or mitigation measures can be environmentally based or engineering based. Engineering controls such as spill containment, processing control or changes in the engineering design can be used to minimize some impacts. Other may require environmental control such as dust suppression, reclamation, and wetlands replacement. Mitigation measures can also be immediate or long term, temporary or permanent. Immediate measures are those which must be implemented prior to or ongoing with the project development. These measures can include engineering controls or design changes. Long-term mitigation measures are implemented later in the life of the project. Reclamation is an example of a long-tern mitigation measure. Temporary mitigation measures are those which are implemented during the period in which a short-term impact is occurring. For example, during the period of cyanide use in mineral processing, a mitigation measure which involves implementing a spill prevention and emergency response plan could be required. However, once the use of cyanide

stops at the site, the plan is no longer necessary. Permanent mitigation measures could include site reclamation or, in some cases, include a permanent water treatment system to mitigate water quality impacts. As discussed for the determination of mitigation goals and objectives, mitigation measures themselves must be reasonable and feasible. If a required mitigation is unreasonable or unfeasible, then the result is to essentially stop the project and create a no action alternative. Mitigation planning must be integrated into the permitting process to assess the true project impacts. Most impacts can be mitigated to some extent. Impacts for which there is no reasonable or feasible mitigation, or for which the mitigation measures will not eliminate the impact, will form the basis for project decision making.Whether the proposed project or an alternative is approved by the regulatory agencies will depnd almost exclusively on the impacts and mitigation planning for those impacts. One of the key mitigation measures required for mining projects, is the development and implementation of a "cleanup" or reclamation plan for the project once activities are completed. Reclamation planning is discussed in detail in the next section of this chapter. 7.7.5 RECLAMATION PLANNING by J. K. McAdoo 7.7.5.1

Introduction

The differences in environmental impacts between historic and current mine operations are largely a

function of comparative acreage disturbed. Modem day ore processing has made the recovery of gold from low-grade ore economical; in turn, relatively larger volumes of waste rock and ore have been removed. In response to this, coupled with an increasing public mandate for environmental responsibility, reclamation technology has likewise improved. Many reclamation techniques applied today have been borrowed (and often modified) from coal, oil-shale, and phosphate mine reclamation technology, as well as from the discipline of range science. However, reclamation technology for modern hard-rock mines is dynamic, with new or improved methodologies being developed rapidly (McAdoo and Acordagoitia 1989). Legal requirements for reclamation and reclamation pIanning are much more stringent for modern mining companies than for yesterday's operations. Many mines in the Intermountain West, for example, operate primarily on public lands and must comply with reclamation requirements of the managing agencies, the Bureau of Land Management (BLM) or U.S. Forest Service (USFS). Reclamation of mining-disturbed lands has been required on USFS lands since 1974, and on


BLM lands since 1981. Most states also have regulations requiring reclamation plans for mine operations. Recently, the bonding requirements of both state and federal agencies have been tightened. Thus, there is an obvious legal and logical need for sound reclamation planning. The recent changes in environmental regulations require mine operators to conduct reclamation planning in more detail, with greater emphasis on early reclamation pIanning and concurrent recIamation of mining dsturbed areas (Buck and Botts 1990). 7.7.5.2

Defining Reclamation

Although it has been variously defined in the literature, reclamation as discussed herein denotes a return of land productivity, typically in terms of vegetation and related natural resources. The productivity goal(s) for site-specific reclamation would in most cases be a function of pre-mining land use or combination of uses (e.g., wildlife habitat, livestock forage, watershed, recreation, etc.). Planned exceptions might include alternate post-mining land uses which deviate from pre-mining uses (e.g., converting pits to reservoirs). Such alternate land uses may come about as the result of economic andlor practicality constraints which make conventional reclamation unachievable. Thus, reclamation, as defined broadly here. would include both the creation of sites that will support plant and wildlife communities similar to that which was present before mining &or returning the land to a stable form and productivity level, according to a predetermined land-use plan. Brown and Hallman (1984), term the latter part of this definition as "rehabilitation." "Restoration," on the other hand, implies that the land will be returned to precisely the state it was before mining. This is nearly impossibIe to achieve because it requires rebuilding the soil, precise placement of trees and rocks, and use of only native plants and animals to repopulate the site (Brown and Hallman 1984). However, reclamation is a process, not an event (Albrechtsen 1992), and in some cases restoration may be a long-term goal of reclamation. Similarly, reclmation planning should be a process, beginning with an initial plan before the advent of mining. As mining and reclamation proceed, reclamation plans should be modified appropriately in order to fine-tune additional plans for the shaping, seedbed preparation, and revegetation according to site-specific situations. Reclamation is an integral part of the entire mining process. Some reclamation-oriented tasks must be completed before mining starts in order to meet legal requirements. Other reclamation tasks are accomplished throughout the mining process to reduce site disturbance. If reclamation is considered throughout mining activity, revegetation will be of higher quality, more quickly achieved, and cheaper than if reclamation is strictly a

375

post-mining effort (Hallman 1984). Reclamation may be classified into three categories:

Interim reclamation - reclamation actions implemented to accomplish only interidshort term goals during mining (e.g., revegetation of haul road cut and fill slopes to reduce sedimentation, revegetation of growth medium stockpiles for soil stabilization, etc.).

Concurrent r e c h r i o n - sequential reclamation actions implemented during active mining that lead to final reclamation of mine components (pits, dumps, etc.) in areas where mining activity has ceased. Final reclamation - reclamation actions conducted on disturbed areas with minimal potential for future re-disturbance and typically completed after cessation of all mining activity. Emphasis in this section will be on concurrent and final reclamation, since they require more sophisticated and detailed planning. Interim reclamation may be thought of as an ongoing impact reduction measure. Like beauty, good reclamation may indeed be "in the eye of the beholder." For example, good reclamation as perceived by a rancher may or may not be so perceived by a wildlife manager in the same area, or by a recreationist. Because of differences in climate, soils, and other environmental factors, the definition of good or even reasonable reclamation must of necessity be flexible enough to allow for site-specific characteristics. The h i t of a reclamationist's labor can easily be criticized on the basis of an individual's perspective and preconceived notions of "good reclamation." "Good reclamation" can best be defined as that which has accomplished the pre-established goals of a sound reclamation plan (McAdoo and Acordagoitia 1989). 7.7.5.3 Reclamation Planning Rationale

Reclamation planning is a legal necessity, a sound business approach, and an environmenta1 responsibility. Perhaps just as important, reclamation planning and implementation must be viewed as an integral component of mining. Just as mineral exploration and mining are not conducted haphazardly and without detailed planning, so it should be with reclamation. According to Wade (1988), mining and reclamation should be viewed as ecosystem construction. Wade maintains that, "if planned properly, the energy expended in mining and moving materials can be directed towards placing and shaping the overburden into the physical base of planned and engineered ecosystems." Viewed in this context, mining is one of a series of "land use generations." Buck and Botts (1989) discuss the merits of generic

CHAPTER 7

376

reclamation plans versus detailed plans. They recommend an intermediate approach to reclamation involving specific reclamation goals and designs for major cost centers such as topsoil management, regrading designs, runoff control, etc., so that realistic surety estimates can be prepared. However, flexibility would be provided for such components as seed mix composition, topsoil application, seedbed preparation, and soil amendments. These items would be evaluated during the mine life using test-plots and/or concurrent reclamation, with the results used to prepare final reclamation specifications. 7.7.5.4

Reclamation Planning Considerations

According to Albrechtsen and Farmer ( 1987), the following considerations should guide development of the reclamation plan:

0

0

0

0

Control toxic substances that may contaminate water, air, or prohibit plant growth. After mineral extraction, shape the land so it is consistent with sound watershed principles and will accommodate the desired long-term land use. When the final landform is achieved, immediately stabilize the surface to hold the soil in place and guard against soil loss from major storms or spring runoff. Select equipment that is well suited to the site and prepare a good seedbed before attempting revegetation. Plant selected species that will hold the soil in place, provide vegetation diversity and, through succession, contribute to a stable ecosystem. Protect young plants until fully established.

7.7.5.5 Reclamation Plan Contents The reclamation plan should guide both the operator and the administrator toward a future expected condition of the disturbed area. Reclamation plans should be an integral part of the operating plan, either incorporated or as a separate document. The reclamation plan should be developed by the operator with input from the surface administrator, and must be approved by the appropriate land management and regulatory agencies. The plan should describe in detail what is expected to happen to the disturbed site, both during and after mineral extraction, to reduce impacts on other resources and return the land to a productive state consistent with the long-term management direction. Albrechtsen and Farmer (1987) also say that reclamation plans should include the mitigation requirements discussed in the National Environmental Policy Act (NEPA) document (i.e., the Environmental Assessment or the Environmental Impact Statement), if any was involved in the permitting process, as well as mandatory information required by regulatory agencies. Finally, during development of the reclamation plan, the 10 basic steps of scientific reclamation should always be kept in mind (Albrechtsen and Farmer 1987): Insure that reclamation objectives agree with the long-term land management objectives. Use an interdisciplinary approach to analyze the physical, chemical, and climatic site characteristics and make recommendations for reclamation plan. Conserve all topsoil and material that is suitable for a growing medium on areas to be disturbed. Reapply it during reclamation, Rcclaim disturbed areas as soon as practical to minimize exposed surface and soil loss during operations (concurrent reclamation).

A reclamation plan should contain five major categories to be discussed in detail: ( I ) general site conditions and situation; ( 2 ) land uses and land-use goals: (3) reclamation objectives, standards, and criteria; (4) rcclamation procedures; and (5) monitoring specifications, particularly for vegetation sampling (McAdoo ct al. 1YY0). These are discussed briefly in the following paragraphs.

7.7.5.5.1 General Site Conditions The "general site conditions and situation" portion of the plan introduces the type and scope of proposed mining, describes the project area (location, climate, soils, vegetation, wildlife, etc.), and details current site disturbances due to existing mining or exploration activities (Thiel 1988). This portion of the plan also describes environmental priority concerns which were raised during the NEPA review process. Depending on the land management and regulatory agencies to whom the reclamation plan must be submitted, details on acreages of proposed and existing disturbances, along with maps and other descriptive information may also be required.

7.7.5.5.2 Land Use Goals Under the "land uses" heading, pre-mining land values and uses, land uses expected to bc concurrent with mining, and post-mining land use goals are discussed. Typical pre-mining values and uses in the project areas include seasonal livestock grazing, watershed, wildlife habitat, outdoor recreation (e.g., hunting and fishing), and aesthetic values. Many prior resource uses can occur concurrently with mining, although typically at lower levels due to the surface disturbance and increascd human activity (Thiel 1988). Typically, the post-mine land use goals are a function of pre-mining land use (McAdoo et

ENVIRONMENTAL PERMITTING al. 1991), and are derived from concerns and goals addressed in the NEPA document for the particular project area. In the past, some reclamation has undoubtcdly occurred without formal written goals, but simply with the hope to "make some grass grow." Most current reclamation efforts have prioritized holding soil in place (minimizing erosion) and minimizing invasion by noxious alien weeds as short-range objectives. Beyond this, long-range objectives are typically related to prc-mining land use. Reclamation goals for wildlife habitat and visual quality are long-term goals in many cases. Other long-range goals may include establishing livestock forage or watershed enhancement. In most situations, and particularly on steep slopes subject to erosion, holding the soil has to be thc initial reclamation priority. If the soil cannot be stabilized, other goals cannot be met (McAdoo et al. 1991).In addition to these site-specific goals, general reclamation goals for mass stability, final configuration, drainage, and public safety should always receive consideration (McAdoo and Acordagoitia 1989).In some situations, "restoration," as defincd earlier, may be an ultimate long-range goal. Alternate land use goals may supplant goals related to pre-mine land uses at some mine sites or portions of mine sites. According to Wade (1988), surface mining is a force in landscape modification that differs from glaciation, volcanism, or local tectonic forces in that its results can be controlled. By taking opportunistic advantage of changes in topography, soil parent material selection, water tables, etc., mining itself can be viewed as a resource to effect a beneficial change in land use. Certainly this land-use planning strategy has been successfully used at selected sites in Europe, and in eastern and mid western coal mining regions in the U. S . (Ashby et al. 1978,Wade 1988). Specifically, mined lands have been targeted for such uses as crop production, forestry, recreation, and wildlife habitat. In hard-rock mining areas of the west, there are some relatively recent examples of alternate use for mined lands. These include development of wetlands and reservoirs (Proctor et al. 1983), environmental studies research stations (Krauss 1990), wildlife habitat creation or enhancement (Steele and Grant 1981, Parrish 1989, McAdoo et al. 1991, and Ricciuti 1991), and others. When mining is seen as transitional land use, mining and reclamation become the capital and means of producing future renewable resources (Wade 1988). The post-mining land use goals, whether related to pre-mine uses or opportunistic alternative uses, become the key elements in "driving" lhe remainder of the reclamation planning process.

7.7.5.5.3 Objectives/Standards/Criteria The real mcat of a reclamation plan is contained in the

377

reclamation "objectives, standards, and criteria" portion. According to Albrechtsen and Farmer ( I 987), the criteria to be discussed in this portion of a reclamation plan includc the following: 1) mass stability objectives; 2) final configuration of the disturbed areas: 3) topsoil/growth medium management; 4) acceptable plant specics for revegetation, 5 ) standards for air, water, and esthetics; 6 ) concurrent reclamation requirements 7) standards for seasonal closures, long-term shutdowns, and final reclamation; 8) fence management; and 9) surety calculations and conditions for surety release: Mass Stability Objectives - Mass stability objectives

should be addressed by providing for the use of sound engineering principles in the design of the pits, dumps, and roads so that long term stability, erosion, and drainage concerns are met (Thiel 1988). According to Bauer (1990), construction management is the key to successful reclamation, and begins at the time of the initial project proposal. A good sccding effort will bc rendered worthless by faulty construction techniques which produce mass instability of a reclaimed site.

Find Configurution of the Disturbed Area - Objectives for final configuration of the disturbed area can be divided into at least nine distinct types: single lane or exploration roads, mine haul roads, pits, waste-rock dumps, low-grade ore stockpiles, ancillary facilities, sediment ponds, heap leach pads, and tailings ponds. Determining the final configuration objectives is perhaps the most difficult and time-consuming part of the reclamation planning process. Final configuration planning for pits, waste-rock dumps, and haul roads present possibly the greatest challenge, particularly in the steep topography of the Intermountain West. Some pit redamation alternatives include back-filling (the exception rather than the rule due to economical, geological, logistical, and sometimes even environmental constraints), partial back-filling and reclamation of pit bottoms (McAdoo et al. 1991), sculpting pit benches and high walls by blasting (Parrish 1989),and alternate uses such as reservoirs (Proctor et al. 1983). Final configuration options for waste-rock dumps include flat-toppcd dumps with angle-of-repose slopes, reshaped dumps with approximately 3:l slopes, and terraced sequential dumps, all designcd to ensure stability and sufficient drainage of peak water flows (McAdoo and Acordagoitia 199I). Final configuration planning options for haul roads may include such options as: ( I ) constructing proper drainage, pulling in fill slopes andor ripping the road bed, then applying topsoil; (2) "plug dumping" with waste rock placed against cut slopes to facilitate recontouring and eventual placement of topsoil; and (3) recontouring with large backhoes (McAdoo et al. 1990).

378

CHAPTER 7

In general, final configuration planning for various mine disturbances will vary based on engineering design, steepness of terrain, environmental constraints (e.g., proximity of disturbance to streams and other sensitive areas), and site-specific goals. Through innovative and flexible planning, resulting topographic diversity of a reclaimed mine-site, particularly if undisturbed "islands" are left, can benefit wildlife and even result in a cost savings (Steele and Grant 1989, Grant and Monarch 1989). TopsoiVGrowth Medium Management - The reclamation planning process should detail the necessity for topsoil recovery and stockpiling, commensurate with requirements for site-specific post-mining land use(s). Topsoil is generally considered to be the "A horizon" of the soil profile. However, from a reclamation view, topsoil is material that can serve as a plant growth medium without continued additions of soil amendments (such as fertilizer). Thus, "B" and "C" horizons may be included in the topsoil category (Brown and Hallman 1984). According to May (1975) spoil or overburden material in some cases may be as good or better growth medium than native topsoil. For the purposes of this discussion, the terms topsoil and growth medium will be used interchangeably. Topsoil should be salvaged from all areas of disturbance wherever practical and economically feasible. Typically, soil materials can be salvaged on slopes less than 30% to 40%. The maximum slope within this range from which topsoil can be stripped will depend upon the site-specific situation, ground conditions, and safety factors for standard earth moving equipment. The reclamation plan should also specify that topsoil stockpiles be surveyed annually to track storage volume. Proper advanced planning for reclamation involves soil surveys to show quantity and quality of available growth medium. Much research has been conducted on replacement depths of topsoil needed for reclamation which indicates that more is not necessarily better. For example, optimum topsoil depth for maximum forage production, total plant cover, and species diversity may be as low as 10 to 20 cm in some areas of the west (Crofts et al. 1987). In fact, shrub and forb biomass, critical for those arras where plant diversity andor wildlife habitat are reclamation goals, have been found inversely related to soil depth in some areas (Crofts et al. 1987). However, in cases where spoils are phytotoxic (e.g., very low or high pH), greater topsoil depths may be necessary for revegetation (Albrechtsen and Farmer 1991). If in doubt, reclamation plans should call for study plots established early on to test the adequacy of various topsoil replacement depths.

Acceptable Plant Species for Revegetation - Seed mixes being used for reclamation must be based on reclamation goals and site-specific characteristics (soil type, vegetation community, precipitation, aspect, etc.). Mixtures should be developed with rationale to include the following: 1) adapted species, 2 ) diversity of species (typically grasses, forbs, and shrubs), and 3) species which enhance natural succession (Booth 1985, Ogle and Redente 1988). In areas with vegetation diversity goals for wildlife habitat or aesthetics, emphasis should be placed on rapidly establishing species which hold the soil and compete minimally with native species that may naturally invade the site. Heavy seeding of introduced grasses should be avoided where wildlife goals are a priority, because these grasses are often highly competitive with native shrubs and forbs which may either be in the mix or expected as "volunteer" species. Useful references on appropriate plant species for revegetation include Plummer et al. (1968), Monsen and Christensen (1975), Thornburg (1982), Wasser (1982), Albrechtsen and Farmer 1987), and Horton (1989). Standardsfor Air, Water, and Aesthetics - Typically, air and water quality objectives are to meet state and federal air quality standards. Achieving water quality and ground cover objectives will minimize fugitive dust. Appropriate emissions controls (as designated in the operating plan) should be specified for crushing, screening, and conveying of waste rock and ore within the mining areas. These operations must be conducted in accordance with state air quality regulations. Similarly, water quality and post-mining hydrology objectives specified within the reclamation plan must adhere to state and federal regulations. Other specific objectives typically include the following: (1) provide for surface and groundwater flows to be self-maintaining after mine abandonment, (2) minimize erosion to meet watershed goals, and (3) reduce sedimentation by retaining disturbance-generated sediments on site with sediment control structures, interim reclamation, and sound engineering design. Visual (aesthetic) quality objectives, if any, will be highly site-specific, and should reflect concerns and goals that were mentioned in the NEPA permitting documents. Emphasis on aesthetics in reclamation, although sometimes mentioned in NEPA documents and subsequent operating plans, is often a secondary consideration in reclamation planning (McAdoo at al. 1991). Although, a few states have passed visual impact laws, regulations that address visual impacts are rare and subject to considerable controversy (Weifner 1990). Visual quality reclamation is largely a function of shaping and revegetation efforts. Obviously, open pits

ENVIRONMENTAL PERMITTING and waste-rock dumps left with angle-of-repose slopes cause long-term visual modifications.

Concurrent Reclamation Requirements - Concurrent reclamation is defined as reclamation that occurs during the life of the mine rather than at its conclusion. Active mine areas cannot be reclaimed, but there are times and places where concurrent reclamation can be accomplished. Concurrent reclamation should proceed wherever and whenever practicable during the active mining operation. Areas in which mining activity has not occurred for over one year should be considered for partial or complete reclamation, unless there is a potential for future mining and/or the area contains ore stockpiles. Typically, a concurrent reclamation plan should be completed annually. Concurrent reclamation should follow the same objectives, standards, and procedures as the end of mine reclamation. The reclamation plan should emphasize final reclamation, with most objectives, standards, and criteria applying to both final reclamation and those concurrent reclamation activities that can and should occur as mine life proceeds. Seasonal Closures, Long-term Shutdowns, and Final Reclamation - Most states have regulations outlining steps to be taken during seasonal closures and/or long-term (more than one year) shutdowns. Language similar to the following may be incorporated into the reclamation plan: In the event of interim or partial shut down of the mine operation, an interim shut down plan will be submitted to the appropriate agencies for approval. The interim reclamation objectives for these plans will be to ensure mass stability and minimize erosion. Partial reclamation to meet these interim objectives may be required. However, this procedure will not apply to short weather-induced seasonal shutdowns. Some reclamation plans include requirements for seasonal shutdowns of at least some components which may include specifications for interim seeding, water bars, sediment control structures, and other such temporary impact reduction measures.

Fence Management - For safety reasons and because most mines are surrounded by range land, reclamation plans should include plans to fence mine operations to exclude the general public and livestock. The mine operation is typically responsible for fence purchase and installation, as well as maintenance of these fences during the life of the mine. Mine fences should remain in place, effectively excluding livestock, until acceptable vegetation cover objectives have been met. At the time of final mine reclamation, all fences constructed by the

379

mine operation and no longer needed for public safety and/or for protection of revegetated sites from livestock should be removed by the mine.

Surety Calculations and Conditions for Surety Release As discussed in Section 7.9.2, financial surety (bonding, etc.) is required of most mine operations by both state and federal agencies. Surety calculations are typically included in reclamation plans and in some cases a~ required by agency regulation. Conditions for surety release will be specific to each mine project. Ideally, surety should be set up such that commensurate portions may be released sequentially as various stages of reclamation work are completed and objectives are met. Typically, the largest portion of surety (60 percent or more) is released upon satisfactory completion of earthwork (shapinghal configuration). Additional surety is released after revegetation work is completed and revegetation objectives are achieved. The remaining surety is released after all requirements of an approved reclamation plan, including detoxification of leachates (if applicable), removal of ancillary facilities, etc., have been satisfied. 7.7.5.6 Reclamation Procedures Although the exact techniques, methods, and materials will vary according to disturbance type, the following summary outlines typical reclamation procedures. Successful reclamation planning and implementation demand proper choice and use of equipment and proper timing of treatment. Flexibility within a reclamation plan is vital; the ability to handle situational changes is necessary (Brown and Hallman 1984). Changes in such things as soil types, slope gradients, or aspect may indicate that different equipment or techniques will provide better results. As sites become available for reclamation, they should be field reviewed to evaluate site-specific characteristicsso that suitable equipment and procedural choices can be made. Brown and Hallman (1984) provide a detailed account of standard reclamation procedures, and much of the information discussed herein is based on their publication. Albrechtsen and Farmer (1987) have also compiled useful information on this topic in a compact field guide which is very useful to both novice and experienced reclamation planners. 7.7.5.6.1 Final Configuration of the Disturbed Area

A variety of earth-moving methods and equipment can be used to facilitate economical and ecologically sound shaping of the disturbed area for final configuration. Equipment to be used may include standard dozers, angle

380

CHAPTER 7

dozers, large conventional and track-mounted backhoes, gradalls, drag-lines, scrapers, etc. Specific equipment to be used for each job (e.g., recontouring, grading, etc.) should be chosen according to practicality and availability. Typically, overburden spoils should be ripped (to at least 60 cm, where possible), and scarified prior to growth medium application. This procedure will improve water infiltration potential, allow deeper plant root penetration, and eliminate smoother surfaces between spoils and growth medium. Ripping and scarification can be done by dozers, and grading (as needed) using dozers, scrapers, or other suitable equipment. In areas where ripping will create more harm than good (e.g.. unearthing of large boulders), it should be avoided. In some areas, soil compaction may be worsened through extensive shaping (Ashby 1988), and this must be taken into account in the reclamation plan.

7.7.5.6.2 TopsoUGrowth Medium Salvaging, Stockpiling, and Application The procedures section of a reclamation plan should detail the salvaging, stockpiling, and application procedures for growth medium (Brown and Hallman 1984, Albrechtsen and Farmer 1987, McAdoo and Acordagoitia 1991). Proper planning and growth medium handling is a vital component for reclamation success. Direct placement of topsoil onto reclamation sites, when possible, has an obvious economic advantage over the double-handling associated with stockpiling. This procedure may also enhance vegetation establishment through the presence of viable native seeds in fresh topsoil. There are many logistical problems involved with keeping true topsoil separate from subsoil horizons. Reapplying segregated horizons has not been shown to be effective in increasing total plant cover, plant biomass, and species diversity after approximately 10 years (Crofts et al. 1987). Therefore, attempts to separate the soil horizons during "topsoil" removal may not be warranted. However, subject to logistics and available space for growth medium stockpiles, an attempt should be made to store rclatively "high-quality" topsoil from specific areas separately from lower quality growth medium removed from other areas. This high quality topsoil can then be used as a shallow "veneer" on areas there quality topsoil is deemed to be a requisite for revegetation. Allen (1984) suggested that respreading approximately 2.5 cm of fresh topsoil onto regraded spoil or poor quality topsoil might be more advantageous than reapplication of a thick layer of biologically inert stored topsoil. Glass (1989) emphasized the value of fresh topsoil as a source of viable native seeds.

Growth medium stockpiles which are to remain in place through andor beyond one growing season (inactive stockpiles) should be left at low profile with moderate slopes if possible. The surface of the stockpiles should be left in a roughened condition following grading to retard erosion and provide a suitable seedbed. The disturbed areas can then be seeded with an appropriate mixture. Growth medium can be redistributed in lifts using conventional earth moving equipment. A dozer equipped with a ripper shank or scarifier may partially mix the growth medium and underlying materials to minimize the interface between the materials. The dozer should be operated on the contour and growth medium placed only during dry conditions in order to minimize clodding and compaction. The reclamation plan should also specify the need and procedures for testing growth medium quality before placement on reclaimed sites in order to determine whether soil supplements are necessary.

7.7.5.6.3 Seedbed

Conditioning

Seedbed conditioning is a vital element to reclamation success. Seedbed preparation can loosen compacted soils, provide water catchments (for plants), and create good "safe-sites'' for seed germination and seedling survival. Equipment for seedbed conditioning includes rippers, disk plows, specialized side hill pitters, dozer blades, etc. Methods can be combined to provide deslred reclamation results. The most practical and available equipment should be used for seedbed preparation. Growth medium materials should be conditioned to a depth of approximately 15 cm. Tillage operations should be conducted on the contour to minimize erosion. The final seedbed will consist of a furrow-like configuration to help minimize erosion and increase available soil moisture. Seedbed preparation should be accomplished immediately prior to seeding to minimize the time the growth medium is subject to wind or water erosion without benefit of vegetation protection.

7.7.5.6.4 Soil

Supplements

The reclamation plan should contain a discussion in the "procedures" section on the potential need for mulch and/or fertilizer on reclaimed sites. This discussion should include when, where, and how these supplements will be used, if at all. For fertilizer in particular, there are both advantages (Brown and Hallman 1984) and disadvantages (McKell 1974, Holechek 1981) of usc, depending on site-specific situations. For more information on the necessity and procedures for mulching and fertilizing reclaimed sites, refer to Brown and Hallman (1984), Albrechtsen and Farmer (1987), and McAdo0 and Acordagoitia ( 1991>.


7.7.5.6.5 Revegetation Procedures Planning for appropriate revegetation equipment and procedures should take into account site-specific variables such as access, slope, area size, and ruggedness of terrain. A wide variety of seeding equipment/procedures are available, including range land drills, briIIion seeders, seed dribblers (mounted above dozer tracks), broadcast seeders and drags mounted on ATV's or tractors, hand-held broadcast seeders, and hydroseeders. These and other methods have k e n used successfully in various mine and mineral exploration road reclamation projects (Brown and Hallman 1484, Buck and Botts t9X9, McAdoo et al. 1990) Thc reclamation plan should also specify seeding rates and proper timing for seeding reclaimed areas. Fall seeding is typically most successful in the Intermountain West, because planting at this time often meets cold-dormancy requirements of seeds and stimulates seedlings to grow rapidly. Well planned seeding strategies can also contribute to the success of vegetation establishment. lntcrseeding of shruhs with grasses can result in a constant ratio of shrubs to grasses over time, but care must be taken not to over-seed grasses (Richardson and Trussell 1980). Seeding of shrub species alone is not recommended on steep slopes andor in areas of extrcrnely low precipitation. The seeding of shrubs in strips alternatively with grasses has been successful in some areas. This strategy reduces competition between slow-developing shrubs and fast-growing grasses. Many other strategies for achieving vegetation diversity have been reported. The seeding or direct planting of shrubs in favorable sites can be supplemented by water harvesting (e.g., snow fences) to enhance establishment. Dense grass stands established by prior reclamation and needing diversity can be "scalped" for direct planting of shrubs on appropriate sites (Monsen 1989). Sometimes the direct planting of just a few shrubs will provide a seed source sufficient for eventually establishing stands of shrubs. Supplementing commercial seed mixes with seed collected on-site can improve species diversity as well. Although collecting many species is labor-intensive, the effort can augment naturai succession. Diversity in a seed mix provides different species to correspond with the various micro-niches within a site (Mahler 1990). Several types and sizes of commercial seed harvesters are available, ranging from hand-held harvesters to attachments for trucks and tractors. Revegetation of virtually any disturbed site can be enhanccd by direct planting of shrubs and, in some cases, trees. Western rcclamationists would do well to learn conceptually from the tree reclamation successes of eastern reclamation projects (Ashby et al. 1978), keeping in mind the vast diffcrcnccs in environmental variables bctwccn the regions. Establishing trees in arid climates

381

may be difficult without irrigation. However, the use of xeric-site adapted native species such as Utah juniper (Juniperus osteospermu), pinyon pine (Pinus monophylla), and mountain mahogany (Cercocalpm ledqolius) should be considered for use where growing requirements can be met. In the Great Basin, the direct planting of adapted shrubs is probably more appropriate than planting trees in many situations, and several species have been successfully established in arid regions without irrigation (Monsen and Christensen 1975, Everett 1980). Species for direct planting include big sagebrush (Artemisin tdentuta), antelope bitterbrush (Pctrshia hienrum), rubber rabbitbrush (Chrysuthumnus museusus), winterfat (Eurutia lunah), fnurwing saltbush (Atriplex canescws), shadscale (A.cunfert$dia), and others. Shrubs that are adapted to infertile soils, lithic outcrops, and shallow soils are especially useful for mine recIamation. Monsen (1989) summarized the adaptability attributes of several shrub species for use in the Great Basin. Techniques for transplanting have been reviewed by Plummer et al. { 1968) and Everett (1980). 7.7.5.7

Monitoring

Specifications

Reclamation monitoring requirements are vita1 to a reclamation plan. Particularly in those reclaimed areas where revegetation is deemed necessary and appropriate to achieve post-mining land-use goals, an objective monitoring plan is needed to track progress, evaluate success, and serve as the mechanism for bond release. Ensuring success can only be accomplished by closely monitoring the reclamation results, and taking prompt and effective remedial action when the situation warrants. Monitoring plans vary greatly, but typically contain descriptions of monitoring intervals, methodologies, and statistical reliability. Monitoring requirements vary site-specifically and with various agency regulations. However, some basics should be considered when establishing a monitoring plan. Namely, a monitoring plan must be timely and reliable. Regarding timeliness. interim monitoring on an annual basis is wise from the standpoint of detecting potential problems (e.g., noxious wecd invasion) early on so h a t correctional measures can be planned and implemented. Most importantly, site evaluation for bond release should be scheduled appropriately to allow sufficient time €or vegetation establishment. In the arid Intermountain West, this may be after at least three Full growing seasons. Ideally, an evaluation of revegetation success should be made during a normal to optimal climatic year, with measurements taken during the season of peak phenological development spccific to thc elevation of the site. The operator's desire for release of the remaining bond not withstanding, it is to thc

382

CHAPTER 7

advantage of all parties involved, as well as the resource, to allow a sufficient length of time for vegetation establishment. This is well-documented in the literature. Premature evaluation will likely result in pressure to re-seed, when re-seeding may be not only unnecessary, but both economically and ecologically costly (i.e., additional site disturbance, potential for weed invasion, etc.). With regard to reliability, the monitoring plan methodologies, as with other components of the reclamation plan, must be mutually acceptable to both the mine operator and the regulatory agencies. 7.7.5.8

Conclusions

Good reclamation planning is a painstaking process requiring cooperation and communication between the mine operator and regulatory agencies. Advanced planning allows an early opportunity to analyze objectively the quantity and quality of reclamation that can be achieved over time; this process should minimize the surprises to all parties at the end of mine life concerning unknown requirements and/or unexpected limitations (Thiel 1988). Reclamation planning should be a dynamic process, and be flexible enough to adapt to site-specific situations as they arise (Brown and Hallman 1984, McAdoo et a1.1991). Ashby (1988) wams reclamationists about the pitfalls of narrow-minded reclamation requirements which can result in counterproductive results, and advises that some mas may respond best to low-level enhancement of natural recovery processes. According to Wade (1988), miner-reclaimers are in the business of ecosystem construction whether they want to be or not, with their only options being the quality and utility of the ecosystems they build. Modern surface rnining-reclamation is a powerful force in landscape modification. This power should not be used myopically with one eye on what has been "good enough" and the other on the profit margin, although the latter i s necessary. Rather, future resource needs should be considered as post-mining land-uses are planned, with reclamation results becoming a "monument to our generation and a source of comfort and utility to our descendants" (Wade 1988). Concurrent reclamation in hard-rock mines is accelerating out of environmental, social, and legal necessity. Properly planned reclamation can be both economically feasible and effective in restoring land productivity. Continuing development of reclamation "success stories" will require the close cooperation of land managers, mine managers, engineers, renewable resource specialists, and equipment operators, all with a far-sighted understanding of post-mining land-use goaIs (McAdoo et al. 1990).

7.8 ENGINEERING FOR PERMITTING by M. Hames 7.8.1 THE ROLE OF THE ENGINEER This section discusses the role, timing and amount of engineering required to define a proposed mining project and to support the permitting process. It also emphasizes the benefits of coordinating the efforts of engineers a d other specialists, rather than segregating their activities. Engineers are specifically qualified to design, supervise, the construction and maintenance of, and report on industrial works, machinery, roads, bridges, river improvements, docks, drainage, and hydrauhc works, sewage disposal facilities, and the transmission and application of power, light and heat. For mine development, the relevant disciplines include mining, metallurgical, civil, structural, mechanical, electrical, instrumentation, and marine engineering. Historically, some of these disciplines have been omitted from the early mine planning phase, a time when engineers should be collaborating with the geoscientists and environmental resource specialists to define the project, to identify potential project impacts,and to determine the scope of the data collection programs. Engineering serves four main functions: defining the design requirements; communicating these requirements; ensuring that the requirements are adhered to or adjusted to meet the expected performance; and planning how to deal with emergencies such as accidental releases of contaminants. The details are developed through a process of study. review and final design which needs to be coordinated and dovetailed with the permitting activities. This coordination should start with preparing the project plan and the permit applications, in order to pmvide a comprehensive approach to project development, During permitting, project engineers and engineering consultants define the design requirements and develop a proposed project facilities arrangement and design to satisfy those requirements. During this process alternative configurations for project facilities are also evaluated. In response, the regulatory agencies review the proposal and the alternatives and assess the impacts. The project proponent is then responsible for translating the decisions and conditions stipulated in the permits into design details, purchase orders, and contract documents that communicate the commitments to suppliers and construction contractors. Both the project proponent and the regulatory agencies subsequently share an interest in ensuring that the work is performed according to plan. Because mines are commercial ventures, the proponent's engineering team tends to concentrate on providing functional, cost-effective faciIities which comply with environmental protection requirements. The


regulatory agencies main focus is on minimizing environmental impacts, ensuring compliance with prescribed standards, and addressing public concerns. The difference in emphasis results from their distinct mandates; one team defines what needs to be built and how, while the other is concerned with what needs to be protected and how. However, both groups should strive to consider the complete picture from the beginning to avoid costly iterations while trying to reach the best combination of economic, physical and biological benefits. 7.8.2 CO-ORDINATING ENGINEERING AND PERMITTING

Efficiency argues in favor of co-ordinating the design engineering and permitting activities so that the project can be correctly defined and important issues properly addressed from the beginning. Increased communication leads to better understanding and assists in making wise, informed decisions without unnecessary expense or delays. Separating permitting and engineering design activities, on the other hand, can lead to confusion. This confusion can delay resolution of competing or conflicting goals, making it difficult to formulate effective plans acceptable to all interested parties (i.e., the proponent, the agencies and the public). It may even make a profitable mine impossible to achieve because of a lost window of opportunity for development. At the conceptual and permitting stages, project definition tends to be iterative, with actions being proposed and analyzed, and amendments being recommended. The process runs more smoothly when the issues are correctly anticipated and addressed in the first place. For best results, the various engineering disciplines that will ultimately be involved should participate in the strategic planning so they can gain a better appreciation of the issues they will need to consider during project design. The strategic planning exercise should identify design options and preferences and evaluate the cost and environmental impact implications associated with each option. This is a good opportunity for planning coordinated data acquisition programs to provide both the project engineers and the environmental scientists with useful information. Specific data gathered during exploration activities and baseline studies can assist the project enginwrs in making better engineering decisions early during project planning. The early planning exercise should also identify any areas of special environmental concern in order to avoid impacting these areas if possible, or to develop mitigation measures if impacts to these arcas cannot be avoided. The information flow and decisions that link the design and permitting activities should be identified at this stage to assess the extent and scheduling

383

requirements for engineering input into the permit applications. Table 21 shows a sequence of activities that allows the appropriate information flow and response to decisions that can be adapted to suit particular circumstances. It illustrates engineering and permitting activities following parallel paths linked by planning, or “brainstorming” sessions that control the evolution of the project. Brainstorming requires a multidisciplinary team with decision-making skills and expertise on all aspects that can influence the project, including engineers representing the various disciplines involved. This core group should be established at the earliest point that meaningful discussion and planning can take place, and should steer the project by meeting at strategic intervals to provide continuity. Brainstorming sessions help co-ordinate the engineering and permitting efforts by providing a forum for risks, opportunities and consequences to be openly discussed, thereby reducing subsequent surprises. Participants gain direct exposure to the issues they must jointly address which also promotes creative problem-solving and helps avoid biases that can distort or dominate the project. In particular, work on the Plan of Operation and the feasibility studies should be co-ordinated because they both deal with basic project concepts and criteria. Although they serve dfferent audiences, these are key documents for decision-making and need to be consistent if regulators, owners and investors are to be deliberating the same courses of action. Consequences to the environment and associated costs also need to be related. For example, the feasibility studies should address the costs of mitigation options and provide sensitivities based on best and worst case scenarios, including potential delays. There are a number of disadvantages associated with omitting design engineers from planning teams. Some of the problems which may be precipitated by the lack of adequate coordination with the project engineers include the following: the need to rework design concepts that may prove over-conservative, or unworkable; over or under estimation of potential impacts or problems, before they have been properly assessed; locating facilities in sensitive, or impractical areas prior to adequate sizing and consultation; premature publication upon by the of details that have not been a@ appropriate experts; and misdirected effort on details that do not affect the permits, while overlooking issues that do. In terms of the sunk costs and interest on loans that accumulate during the development phase, “time is money”, and the timing of engineering to support permitting activities is crucial to avoid unnecessary expense. For example, premature permit applications

384

CHAPTER 7

Table 21 Engineering for Project Definition and Permitting (PO0 = Plan of Operations, FS = Feasibility Study, Per = Permit Applications)

Component or Activity Definition ( ) = non-engineering * -- selective detailed design Area Characteristics location, topography, climate, seismicity, (ownership & history) geology: (general, regional, local B ore body mineralization) Project Description (geologic resource) & mineral reserve mining operations: access & haul roads, underground &/or open pit development, mining methods, equipment, services 'waste rock disposal: dumps, backfill, landfill mine plan & production schedule metallurgy & metallurgical test work review process options process design criteria process flow sheet process equipment sizing 'equipment specification: select items affecting or protecting environment processing: methods, plant layout & operation

Level of Effort c = conceptual d = detailed f = final P O 0 FS Per

Engineering Disciplines Involved

f

f

f

f f

civil

d?

d C

f d

d d

C

C

d

?

d

C

C

d

d

C

C

C

d

C

d

C

mining mining, civil , electrical mining, civil mining metallurgy metallurgy metallurgy metallurgy metallurgy metallurgy, mechanical metalturgy, mechanical metalIurgy metallurgy, civil metallurgy, instrument civil, structural

C

C

d C

C

C

'reagents: usage, handling & storage *cyanide: usage, handling, destruction, neutralization or degradation process control & instrumentation

C

C

d

C

C

d

'leach pad, solution ponds & ditches: earthworks, liners, drains, leak detection, & wildfowl protection covers, netting or wires 'solution application, piping & pumping tailings disposal & reclaim options tailings disposal: method, containment, seepage control, reclaim & leak detection *dam design, seepage control & leak detection site layout: component location options, including avoidance or minimization of: disturbance to wetlands, wildlife habitat & migration routes, historic sites site preparation & development *logging, clearing & stripping plans 'grading plans *reclamation recontouring topsoil storage 'fencing: wildlife, range, safety & security infrastructure & services: access & haul roads, airstrips, docks, water supply, storm & wastewater management, power supply, fuel & oil storage, sanitary & solid waste disposal, snow removal & avalanche protection, security, camps & new housing or townsites fire protection & communication systems 'new access roads, bridges, docks 8 other works affecting navigable waterways

C

C

C

C

d

C

C

C

c

C

C

C

C

f?

C

C

C

C

C

C

C

f?

d

d C

C

C

C

d c d

c

C

d

C

C

c

C

d

civil civil, metallurgy civil, metallurgy civil civil, structural, mechanical, electrical civil civil civil civil civil civil civil, marine, electrical

mech., electrical civil, structural

ENVIRONMENTAL PERMITTING water & power distribution 'water balance 'wetls 'powerline ROWS ancillary facilities: offices, change houses, first aid, ambulance, mine rescue, repairs & maintenance, warehousing & laboratory

Environmental Protection Measures stated intentions to minimize impacts where feasible pollution control measures & equipment including: dust suppression, retention basins & diversions to control sediment & surface runoff, revegetation for erosion control, noise suppression devices for equipment, filters & collectors to control air emissions, treatment of process water air quality: revegetating stockpiles, road surfacing & spraying with chemical stabilizer &lor water, speed & travel restrictions, dust collection on drills or wet drilling, baghouses on crushing, screening & conveying *point source identification, emissions estimate & controls

civil, electrical civil civil

C

C

C

C

C

C

d d d

C

C

C

C

C

C

C

d d

C

C

d

mining, civil, mechanical, metallurgy

d

mechanical, metallurgy mechanical

C

*specifications for dust & fume control equipment: baghouses, scrubbers, retorts, fans, gas detectors & sprays *dust & fume containment: enclosures, room finishes & seals, conveyor covers & discharge chutes, dust tubes & wind fences 'erosion & sediment controls: grading, revegetation, diversion ditches, c runoff collection, silt fences, sediment ponds & dams C water quality monitoring: surlace & groundwater *effluent treatment 8 sewage disposal C' 'landfills C 'spill prevention. containment & contingency plans for handling, storage & use of: fuel, oil-filled equipment, hazardous materials & process solutions; this includes discharge response strategy & SPCC plan 'spill Containment details: double-walled tanks, tank covers, welded pipe joints, concentric pipes, curbed or diked materials transfer & mixing areas, liners & leak detection beneath certain process areas employee environmental education program covering laws, concerns & C safety C cultural resources: avoidance, fencing, controlled access C visual resources: isolation in low-visibility area, painting structures to blend with background, dust suppression livestock, wildlife & wildfowl: fencing & cattle guards, shielded lighting, C pond & ditch covers, garbage management, minimized traffic, wildlife education program *powerline raptor protection C wetlands protection: agreement to meet agency requirements 'wetland mitigation plan C recreation: reroute trails, add signs, fences & other safety measures Reclamation goals & commitments: stated intent scheduling interim & final reclamation procedures: reclaim abandoned roads & stream diversions no longer required, stabilize surtace, recontouring, control erosion, reapplication of topsoil, revegetation, removal &/or fencing of

385

d d C

C

C C

civil, mechanical, metallurgy

structural, mechanical civil

d d d f?

civil civil civil civil, structural, mechanical

d

civil, structural, mechanical, electrical

d

d C

civil, structural

d

civil, electrical

d

electrical

C

C C

C

C

C

C

C

d

mining, metallurgy, mechanical

d d

d d d

civil civil

386

CHAPTER 7

potentiatly hazardous structures & landforms, plug wells Workforce and Schedule construction & operating workforce numbers & availability schedule of principal predevelopment, construction, operation & reclamation activities

C

d

C

C

mining, metallurgy mining, civil

d

mining, civil

C

mining, civil, metallurgy, mechanical, electrical civil. marine

Drawl ngs location map, site plan, seismic events, snowcourse data, geologic c map, underground or pit &waste dump cross sections, leach pad ptan & details, haul & access road cross sections, surface water quality sampling sites, monitoring well detail. diversion ditch cross section, controlled solution routing diagram, post reclamation contours mine plans & sections, mine services, process flow sheets, site layout, plant & ancillary facility GAS, water distribution diagram, electrical single line diagram

f?

*plans, sections & details of works affecting watercourses & navigable waterways: new access roads, bridges, docks & dams Costs and Economics capital & operating cost estimates: base case & alternatives

C

economic analysis

d

risks & opportunities

C

mining, metallurgy, civil, mechanical, structural, electrical mining, metallurgy all

15%

Procurement 'specifications, POs, evaluations, expediting

f

mechanical

300x7 Contracts Preparation and Administration 'scope, detailed drawings, specifications, general & special conditions & commercial terms

f

civil, mechanical, structural

5% Construction Management 'supervision & QA inspection & testing

with insufficient engineering can lead to the abortive collection of baseline data. drilling, test work, hydrology, analysis and design, if the facilities have been improperly sized or located, or if the basic design criteria have been inadequately defined. Delays can be equally damaging, burdening a project with additional interest, escalation, carrying charges on ordered long delivery items, and possibly cancellation charges. A lost window for construction can also prove expensive if it causes winter work that entaiIs snow clearing, adhtional downtime because of inclement weather, difficult earth moving conditions and the need

f

civil, mechanical

for temporary protection and heating. Alternatively, construction may have to be interrupted for the winter which increases the mobilization/demobilization costs, or it may have to be completely postponed until the next season, thereby delaying any possible return on investment and perhaps "killing" a marginal project. The above-mentioned concerns can be minimized if the engineering is dovetailed with the permitting activities to provide the correct information flow rrnd prompt response to decisions. Again, this argues in favor of coordinating and integrating these activities rather than segregating them.


387

7.8.3 COORDINATING DESIGN, PROCUREMENT, AND PERMITTING

7.8.4 ENGINEERING DESIGN REQUIREMENTS

The scope and steps associated with the various stages of engineering include the following:

A viable project design will provide technically sound facilities and operations which perform the necessary functions at acceptable costs. Project designs must also satisfy regulatory requirements and important public concerns to minimize and control short and long-term project impacts through appropriate choices, mitigation and monitoring. The engineering design requirements are developed by the following steps:

s

0

0

0

Conceptual: feasibility and trade-off studies. Detailed: preparing drawings and specifications describing what is to be constructed, and how. Procurement: obtaining suitable quality equipment and materials that perform the necessary functions. Construction management and inspection: insuring the design is correctly interpreted and followed. Commissioning and start-up: verifying that the facility performs according to needs and expectations.

Historically. for "fast track" projects, a preliminary engineering stage was inserted between the feasibility studies and the final detailed design, procurement and construction phases. Sometimes the preliminary engineering phase overlapped the feasibility studies, and frequently preceded final corporate, or agency approval for the project. This allowed the early ordering of long-delivery items critical to an accelerated schedule to start initial site grading as soon as regulatory approvals were obtained. The increasing demands for information to satisfy the permit applications, and agency requirements for better definition and more detailed answers to critical questions, has extended the scope of preliminary engineering. To compensate for the lengthening permitting process and to make best use of the time, one tactic has been to commission and even complete final detailed design and strategic procurement before receiving agency approval for the project. However, this approach risks the added costs of abortive work if the assumed scheme is not approved by the agency, which may result in extra carrying charges and interest payments in the event of delay, or lost investment if permits ultimately fail to be obtained for an economically viable alternative. An unplanned hiatus in the development schedule can also entail having to repeat certain engineering and procurement tasks because of lost continuity or elapsed orders, and can mean missing the best construction conditions causing even further delay and cost to the project. The danger of over-investing in engineering and early procurement needs to be balanced with providing sufficient detail to complete the permitting process and generating adequate definition to be able to describe the project and to proceed with construction at the earliest opportunity. This confirms the importance of ongoing planning using the best information and guidance available in all fields that will ultimately be engaged in the project.

Reviewing the ore reserve data, metallurgical test work and site characteristics. Deciding the mining and processing rates, based on technical and economic considerations, including company policies, or hurdle criteria such as the minimum mine life. Selecting the mining and processing methods after comparing the options. Establishing the design criteria including the mine plan, flow sheets and GAS, and sizing the facilities to suit. Identifying the necessary infrastructure, services and ancillary facilities. Developing alternative configurations for the site development, including component options and ranking the alternatives according to technical acceptability, constructability, costs, potential issues and concerns, risks and opportunities. Selecting the best alternative through successive screenings, including trade-off studies or more detailed examination if necessary. Developing the proposed project plans for use in permit applications. Modifying the plan as requmd to answer agency or public concerns or to comply with agency decisions and approval conditions.

Much of the work described above is normally performed while preparing feasibility studies used by the proponent to decide whether to proceed with the project, and/or to obtain funding. Greater detail is reached through further engineering. Table 21 lists items that are normally addressed in the Plan of Operations and/or the feasibility studies, together with subjects that demand further definition, or selective detailed design to satisfy permitting requirements. The tasks and levels of input indicated are based on recent gold projects and represent between 15% and 25% of the detailed engineering, besides completion of the feasibility studies. Depending on the scope for the work listed, the approximate range of final design completed by

388

CHAPTER 7

discipline is typically: mining 30% to 50%; metallurgy 30% to 50%; layout 60% to 80%; civil 60 to 80%; structural 10% to 30% mechanical, piping and buildmg services 5% to 15%; and electrical and instrumentation 5% to 10%.

7.9.1.3 Ongoing Monitoring

POST-CLOSURE REQUIREMENTS by B. Licari

The ongoing monitoring program produces data that is essential to verify assumptions used in the preliminary closure plan and to develop the final closure plan. Costs involved in the preparation of the f i n d closure plan m significantly reduced if the ongoing monitoring effort has been diligent and accurate, particularly with regard to ground water quality. Data which will provide input to the mass balance and chemistry of water impoundments to be left on the property should be included early in the project, as the success of the ground water model used for closure will be dependent upon the quantity and accuracy of this information.

7.9.1.1

7.9.1.4 Final Closure Plan

7.9 CLOSURE AND POST-CLOSURE PLANNING 7.9.1 CLOSURE AND

Closure

For purposes of this section, closure is defined as the activity of a mining company related to the shut down and reclamation of mining projects in a cost effective and environmentally responsible manner. Because what is or is not acceptable as environmentally responsible will ultimately be determined by outside parties and not by the mining company itself, a proactive approach to developing and implementing a detailed closure plan will benefit the company by providing evidence to the regulatory agencies that a responsible closure can be achieved. Additional cost savings can usually be realized by reducing hidden or untimely costs caused by poor planning in the early stages of a project or during operations. 7.9.1.2 Preliminary Closure Plan A preliminary closure plan is usually required very early on in the project and is normally included as a requirement of one or more permit applications. For example, most states require submittal of a preliminary closure plan in conjunction with the water pollution control permit application for heap leach operations and waste rock and tailings disposal facilities. This plan is usually filed within six months of the issuance of the permit, and is normally updated annually to reflect any changes in overall closure strategy and estimated mine Iife. Also included wouId be any process changes, solution analysis, and any new characterization of tailings or overburden material which would affect the final disposition of the facility. On federal land, a closure plan will be required before the issuance of a permit to operate, and significant changes in process are r e q d to be submitted as amendments to the plan as they are implemented and incorporated into the Plan of Operations.

The final closure plan is usually submitted six months or more before shut down of operations. Far regulatory purposes the plan will be required to include a timetable and a detailed outline of activities necessary to complete reclamation and prevent future environmental degradation as a result of mining-related activities. Normally mining companies compile a much more comprehensive closure plan for internal use, and selected parts of the plan are submitted to regulatory agencies as necessary. The main areas of concern by regulatory agencies wil1 include the following: tailings pond closure; hydrology of water impoundments; pit slope stability or subsidence concerns; and reclamation of overburden stockpiles and waste rock dumps. Discussion of the dismantling of equipment and structures as part of closure is dependent upon the circumstances of ownership and ultimate use of the property; and may not be requirement for a closure plan on private land. On federal land, dismantling and removal of all equipment and structures will normally be required within a reasonable time period, and need to be included as a key element of the closure plan.

7.9.1.5 Post-Closure Maintenance and Release Legal requirements for post-closure maintenance vary from state to state, but generally monitoring will be required with a progressive reduction in frequency for a period of a1 least three years. Many projects have water impoundments that have the potential to impact surrounding water quality, and adhtional time may be required to verify the accuracy of the water quality model used to predict steady state conditions. In most cases, acceptance by the lead regulatory agency of completion of various stages of reclamation activity is sufficient for a corresponding reduction in the amount of required financial assurance, and this reduction can be staged to reflect the overall closure timetable.

ENVIRONMENTAL PERMITTING 7.9.2 REDUCING FINANCIAL OBLIGATIONS by J. Bokich 7.9.2.1

Introduction

Bondmg as it applies to reclamation in mining operations is a vehicle whereby a government entity, through promulgated regulations, requires a financial assurance that reclamation of lands that have been affected by exploration or mining activities will be completed in a manner that is consistent with those regulations and a permit issued by that agency. Bonds are allowed in different forms by different agencies or states. There is a great deal of variation in the types of bonds, but they are all consistent in that they are a form of insurance to ensure reclamation after a project regardless of the financial standing of the company holding the permit. The main types of activities covered by reclamation bonds include removal of facilities; regrading and reshaping of roads, dumps, pits, and other disturbed sites; replacement of growth medium, seeding, fertilizing, mulching, etc., where needed; and other stabilization measures. There is generally a revegetation success criteria as part of the regulations or part of the permit which says that when vegetation meets a certain density, productivity, etc. that the bond will be released. The mining industry is also starting to see bonding applied to such things as ground water monitoring around tailings or heap leach facilities, closure of heap leach facilities or other facilities which contain toxic substances. As discussed below, there are also many ways of implementing and releasing bonds through phased implementation and phased release. Bond amounts typically assume reclamation costs based on the costs for an agency to manage the reclamation using third-party contractors to complete the work. This often includes an overhead cost for management of the reclamation by the agency, and costs for third-party contractors including their profit and overhead. In some cases, standardized rates such as the Bacon-Davis Law are required, which are generally extremely conservative and overestimate bonding costs. An agency may alIow utilization of costs provided by the company for operation of their own equipment or submittal of a cost statement from third-party contractors working for the company to establish an hourly or per acre rate to determine bonding costs.

7.9.2.2 Reclamation Bond Types Thereare five types of reclamation bonds typically used by the mining industry. These five bond types are discussed below:

389

7.9,2.2.1 Rsc~anaafion S w e l y

The reclamation surety or bond is the most common type of bond and is usually issued by an insurance or bonding company. The basis of the bond is the permit issued to the company which spells out the total cost to reclaim a site after mining or exploration activities arc complete. This cost is based on general removal of facilities, regrading of roads and other disturbed sites, reapplication of growth medium, seeding, and some kind of reclamation success standard for revegetation, where applicable. A reclamation surety is one of the simplest forms of bonding. A premium is paid by the company to the insuring institution to guarantee that if reclamation is not completed to the standards of the permit and the applicable regulations, that funds are available to the agency to complete the reclamation. Often the insurance company will require a Letter of Credit to back up the bond, which makes it more expensive. A demand letter is also generally attached which requires the company to repay the insurance company in case the surety is drawn by the regulatory agency.

7.9.2.2.2 Letter of Credit A Letter of Credit is similar to a surety bond in that a financial institution will guarantee that the money is available to complete reclamation if the company should not complete it as required and does not have the financial resources to complete it. A Letter of Credit is issued by a bank and is usually for a larger sum of money to be covered by the reclamation Iiability and generally has a lower premium cost to hold it. This, of course, requires that the company be in good financial standing. There is a demand letter attached to the Letter of Credit which says the company owes the bank the amount of the surety if it is drawn by the regulatory agency. 7.9.2.2.3 Trust Fund

A trust fund is a less used vehicle to provide for bonds that generally costs the company little or no money and allows them to collect interest on the trust fund as long as they meet the reclamation requirements of their permit. Essentially, the trust fund is set up with the state as a beneficiary untiI reclamation is approved and released by that agency. Interest on the fund can either come back to the individual or the company, or can be allowed to accrue within the account towards further reclamation liability for ongoing activities. An unattractive aspect of a trust fund is that those funds are tied up until bond release. 7.9.2.2.4 Zn su t am e

Insurance is an infrequently used type of bond which is

390

CHAPTER 7

generally less attractive to the agencies. This form of bonding involves the signing over of an insurance policy with the state as a beneficiary for the funds if reclamation is not completed or the company prematurely goes out of business prior to reaching the reclamation goals.

7.9.2.2.5 Corporate Guarantee Corporate guarantee is becoming a more common vehicle being used by companies because it reduces the amount of premium required to little or none. In general, a corporate guarantee is based on an evaluation of the assets and liabilities of the company and its ability to pay the cost of reclamation as determined by the permit should the agency not be satisfied that the reclamation has been completed to the requirements of the permit or the regulations. Corporate guarantees frequently require regular submittals of financial statements by the corporation to the agency, and a specified ratio of assets to liabilities to demonstrate ability to pay. 7.9.2.3 Bonding Mechanisms

There are three main bonding mechanisms whereby bonds can be applied to a project.

7.9.2.3.1 Life of Project Bond

A life of project is an up front, lump sum bond amount to cover all exploration and mining operations that are planned at the time of the issuance of the bond. This allows maximum flexibility for expansion without reevaluating the bond or needing to increase coverage of the bond at a later date. This is generally undesirable from a company standpoint, because the operation can be significantly over bonded in the early phases, requiring payment of high premiums for activities not yet undertaken. In addition, should a company become insolvent for one reason or another and the bond be attached by the agency, there will be a tendency to try to obtain more of the bond funds than are actually needed to complete the reclamation required at that point in time. 7.9.2.3.2 Statewide and Blanket Bonds

A statewide or bIanket bond is a vehicle generally used for exploration where a company posts a certain lump sum bond amount to apply to all of its operations, generally confined to one state. As projects are submitted for permit approval, the reclamation costs that are applicable to that ongoing permitting will be attached from the statewide bond to a specific permit. For example, a company may post a $50,000 reclamation statewide bond and during that year obtain permits for five exploration projects with a total of $10,000 per project reclamation bond requirement. As each permit is

approved, $10,OOO out of the statewide bond is earmarked towards a specific project. Because the funds are already in place, this bonding mechanism accelerates the permitting process and allows the operator to initiate exploration activities sooner. This can also be applied to mining operations but is less frequently done, as it is seldom that mining activities are permitted at such a rapid pace or rate during a given period of time.

7.9.2.3.3 Phased Bonding Phased bonding is becoming more and more common and popular. It allows a company, particularly mining operations, to allow either for expansion of their operations or on an annual basis to increase the bond to cover the next proposed activities, For example, a mine might be bonded to disturb 300 acres and an expansion is proposed which will disturb another 100 acres. The company would increase their bond to C Q W ~ that 100 acres prior to initiating those new activities. This allows the company to maximize their coverage while minimizing their liability exposure and cost of premiums. 7.9.2.4

Bond Release Mechanisms

Bond release can be done in basically two different ways: a lump sum release or a phased release.

7.9.2.4.1 Project Bond Release The project or lump sum bond release mechanism is for all bonds to be held until all final reclamation is completed and revegetation criteria met, and the entire sum of the bond released at one time. This is the less favorable mechanism because the company assets or insurance premiums must be paid in fuII until final bond release for the entire project. A much more attractive mechanism is phased bond release.

7.9.2.4.2 Phased Bond Release There are two basic methods of phased bond release. The first method is used when phases of work are completed and the bond is released for that phase. The second phased mcthod is done on the basis of reclamation for specific area being completed and releasing the bond for that area Generally, a combination of the two is the most attractive as it allows for the earliest release of bond liability. Bond releasc by phase of work type completed releases part of the bond upon completion of different activities in the reclamation plan. It is well recognized that the major cost of reclamation is the dirt work required for backfilling, reshaping, and regrading. Today, most agencies will allow between 65 percent and 90 percent of the bond

ENVIRONMENTAL PERMITTING amount to be released for a specific area when the dirt work has been completed to the satisfaction of the permit requirements and the agency. This cost generally includes replacement of growth medium where it is required. The next phase is the actual seeding and other activities req& by the permit such as mulching, fertilizing, rip-rapping, etc. for revegetation and stabilization of an area. Generally, another 5 percent to 25 percent of the bond amount is release upon completion of the seeding and other stabilization methods required for revegetation. The last increment of 5 percent to 15 percent of a bond amount is generally held for a period following final reclamation. This money is held in the event that revegetation does not succeed as defined by the revegetation success criteria specified in the permit, and additional seeding must be done. The other method of phasing would be phasing by area. For example, as a certain waste rock dump within a multi-dump mine is completed, regraded and reseeded, the bond money allocated to that specific area can be r e 1 4 either in a lump sum fashion or phased by the different phases of work as previously described. This again is a good vehicle to utilize because it frees up assets or premium requirements at an earlier date instead of waiting until the entire project is complete. 7.9.2.5 Bond Release Criteria

Probably the most important aspect of bonding, and probably the least well defined at this point in time is bond release criteria. In general the criteria which allows for the total release of bond is based on a revegetation standard where revegetation is to be required. All criteria however, reflect back to the prescribed post-mining land use. The post-mining land use is decided either by the agency that is responsible for managing the land on public land, or in the case of public lands by the private land owner. In many of the lands in the west W ~ I E mining activities take place, the areas are remote and iule primarily used for grazing and wildlife prior to mining activities, and these are the most commonly designated post-mining land use. On private lands in many states, the regulations provide that the land owner can designate the ultimate post-mining land use. For example, a land owner has the right to change the land use from a pre-mining livestock or wildlife to a post-mining use of a golf course. There may be some opportunity for challenge to changes of post-mining land use on private lands through the permitting process and public comment. However, as long as the selected post-mining land uses do not interfere with the rights or use of adjoining lands, then the land owner's wishes generally prevail. In addition, private lands will still have to meet requirements of the Clean Air Act, Clean Water Act, and other applicable federal laws that recognize no property boundary lines.

391

Another important concept for bond release criteria and determining a post-mining land use on public land is compatibility of the post-mining land use designation with the resource management plan goals. Most public lands managed by a federal agency have resource management plans for a specific area such as a specific Forest or ELM District or Resource Area. Wherever possible. the company should work with the land management agency to ensure that the designated postmining land use and the stipulated revegetation goals, meet the resource management objectives as closely as possible, It will be possible in many areas to enhance conditions for wildlife or other values through proper planning and implementation of reclamation. If the post-mining land use and redamation plan meet the goals of the resource management plan, then meeting these goals should be factored into the bond release. Once those goals are met, the bond should be released back to the company. A commonly used method for evaluating bond release is actual revegetation success as a measurement of vegetative establishment over a certain period of time after seeding. Numbers such as two, three, or ten years after seeding are used and vegetative measurements such as productivity, density, etc. are determined. If they meet the pre-established criteria, the bond is completely released. Another factor which has not been as widely utilized but is important is stability. In some areas revegetation may not be the final goal and some measurement of stability and erosion off of a site may be utilized for the final bond release criteria.

7.9.2.6 Reducing Financial (Bonding) Obligations As indicated above, bonding mechanisms and process are sometimes expensive, confusing and difficult to administer and obtain release. There is no given recipe to ensure reduction of long-term financial obligation through the permitting process. It is imperative, however, that personnel spend sufficient time planning operations to minimize impacts, and to limit disturbance to areas where it is absolutely unavoidable. Proper planning will reduce the overall liability and reclamation burden on an operation. In addtion, and when feasible, things such as backfilling of pits in a sequential pit mining operation, shaping of dumps or placing dumps in lifts, are all functions of planning that can lead to reduced reclamation costs and bonding obligation. Much planning needs to go into how a permit application is structured and worded. It is very important to select carefully every word that goes into an application, to ensure that the implications of the commitments being made are well understood. Care also needs to be taken to ensure that the application addresses applicable regulations, and that no commitments ~IE

392

CHAPTER 7

made to overly restrictive requirements which are not mandated by regulations. Another mechanism for reducing the amount and duration of bonding obligations is to conduct concurrent reclamation during operation of the mine. As soon as roads are no longer needed, waste dumps are completed, pits completed, etc. those areas should be reclaimed. This will lessen the overall bonding requirement, reduce premium costs or withholding of assets and is well received by the regulatory agencies and the public. And lastly, a specific plan must be made for determining bond release. It is up to the company to determine when an area has met bond release criteria, and to pursue the release of the bond with the appropriate agcncies. In general, bonding requirements and the mechanisms for application and bond release are relatively new in the hard rock mining industry in the west. Bonding requirements and release mechanisms have been evolving in the coal industry since 1976. The hard rock mining industry should try to learn from the coal cxperience which clearly demonstrates that the most critical item in the whole formula is the bond release criteria. This is the most argued over and misunderstood piece of thc puzzle, and as of today there is still has no clear cut resolution for either the coal or thc hard rock mining industries. Because of the very serious nature of the financial resources that are tied up through bonding, it is imperative that companies take a proactive approach in developing new ideas and mechanisms for bonding through their permit applications, and through the development of reasonable regulations with the local land management agencies or state agencies that enforce reclamation programs for mining.

7.9.3 REDUCING CLAIM POTENTIAL by L. Orser 7.9.3.1 Introduction Enforcement actions for violations of environmental laws have been steadily increasing since the U.S. Environmental Protection Agency (EPA) issued its Resource Conservation and Recovery Act (RCRA) Civil Penalty Policy (RCPP) in October of 1990, With the current political climate of environmentalism, it seems likely that this trend will continue. The EPA can take enforcement action under the provisions of several laws, including thc RCRA, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also referred to as Superfund), the Superfund Amendment and Reauthorization Act (SARA), the Clean Water Act, and others. These laws empower thc EPA to force violators to study the impacts of contamination, evaluate corrective action alternatives, and undertake an appropriate action. In addition, civil and sometimes

criminal penalties, including fines and imprisonment, may be imposed. Beyond the costs of cleanup and corresponding penalties, CERCLA also contains provisions for violators to be held liable for damages to natural resources. These damages may take several forms. They include injury to resources from residual contamination left after cleanup, the failure to restore resources to their pre-contamination condition, and damages for lost use of an injured resource until it is restored. In addition to federal laws, there are numerous state and local laws under which environmental damage claims may be pursued. While the costs of damaging the environment can be crippling, with proper planning, operation and maintenance, and with a proactive approach to environmental compliance, i t is possible to reduce environmental damage claims or even avoid them altogether.

7.9.3.2 Basis for Damage Claims Environmental damage claims at mines, at or following closure, are most likely to be based on CERCLA, although the provisions of other laws mentioned above may also be applicable. CERCLA defines the potcntially responsible parties as the present owner or operator of a facility, the past owner or operator at the time of a release or disposal of a hazardous substance, a generator of a hazardous waste or hazardous substance, or a transporter of a hazardous substance. Owners or operators will be found liable if a release of a hazardous substance from a facility has occurred.' CERCLA defines a release broadly as "any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment."* The environment includes groundwater, surface water, soil, and air. Liability may be imposed regardless of the amount of a hazardous substance released; even a trace amount can trigger a CERCLA action. A hazardous substance under CERCLA is any substance designated hazardous by EPA or any substance designated and regulated under othcr federal environmental statute^.^ There are currently several hundred such substances, and they include both primary products and waste products. A facility is also broadly defined under CERCLA, and may be "any building, structure, installation, equipment, pipe or pipeline ..., well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or air~raft."~ Thus any and every mine component is a potential facility. Finally, the term "natural resource" is defined by CERCLA to include land, air, water, fish, wildlife, biota, and other resources belonging to, managcd by,


held in trust by, pertaining to, or otherwise controlled by the United States, any state or local government, any foreign government, or any Indian tribe.5 Regulatory agencies will generally require soil and water sampling at the time of mine closure. If contamination is found during the course of this sampling, and there is indication that the contamination is the result of releases from the mine facility. or from any facility on the property, action under CERCLA may be brought against the owner and/or operator as discussed below. Similarly, post-closure monitoring of soil and of groundwater andor surface water is typically required. Evidence of contamination occurring as a result of improper or ineffective closure of mine system components will be grounds for action under CERCLA.

7.9.3.3 Process of Filing Claims The first step in an environmentaI damage action is typically a Notice of Violation (NOV) from the EPA nr an authorbed state agency. If the violation is serious enough, or if Lhc operator has a history of noncompliance, the EPA will issue an Administrative Order. Such an order may be unilateral, that is, prgared and imposcd by the EPA, or it may be consensual, where the operator and the EPA work jointly to define the order's provisions. This administrative order will force the operator to take one or all or the following actions: study the impacts of contamination, evaluate corrective aciion alternativcs, or undertake a specified corrective action. In addition, a penally component may be imposed, generally in the form of a fine. Finally, if an operator i s suspected of criminal activity, such as endangering thc public hcalth or the environment through willful negligence, thc EPA is authorized to pursue crimina! prosecution, which may result in additional fines or imprisonment. Should an operator be unwilling to undertake the provisions of an administralive order, the EPA i s authorized to refer the case to the Department of Justice, Under the provisions of CERCLA, claims for natural rcsource damages can only be brought by the United States, individual states, or Indian tribes, acting as trustees for the resource(s) in question.6 CERCLA authorized the President to designate officials to act as public trustees for the resources under federal trusteeship. These officials include the secretaries of Commerce and Interior. EPA is not a designated trustee but is required to give notice to trustees of potential damages from releases it is investigating. State governors are also required to designate trustees for resources under state trusteeship; typically, these officials include directors of state health, environment, or natural resource departments. Currently there are no provisions for individual citizens to file suit for natural resource damage claims

393

under CERCLA. However, with the growing trend towards public involvement in the regulatory process, typified by "bounty" provisions in recent environmental legislation, this may change in upcoming reauthorizations of RCRA and CERCLA.

7.9.3-4 Avoidance of Claims Because there are few, if any, successful defenses against environmentai or natural resource damage ciaims once a release has occurred, the prudent operator will design a mine, from exploration to closure, to minimize or avoid entirely the possibility of a release that could lead to a claim. Because an operator or owner can be held liable for releases or damages that occurred prior to obtaining the property, the most important first step is the collection of baseline data and the evaluation of any preexisting liability. Section 7.3 discusses baseline evaluation and the collection of baseline data in detail. If a property has pre-existing contamination, the costs of cleanup will most likely become the responsibility of the new owner. This cost must bc evaluated against the poknlial profit from the proposed mining operation. Natural resource daniage claims, however, can only be filed far damages occurring after December 1 1 , 1980, the effective date of CERCLA. On the other hand, baseline studies may show naturally-occurring phenomena, such as high levels of metah in the local groundwater. Bawline data such this will prwc invaluable at mine closure to demonstrate that such elevated levels are not the result of releases or mining-related contamination. All baseline data should he kept throughout the life of the mine and following closure untii find bond release. Ideally, all information should be kept in a computer database, and supplemented with monitoring data collected during operation and following closure of the mine. This will enable the operator to observe any trends that may develop over time or in a givcn area. This in turn allows an operator to take prompt action should a release be detected. Section 7.2 discusses characlcrihg the mineralized system. This is an essentia1 part of the avoidance of subsequent environmental damage claims. Adequate characterization of ore and waste, the project environment including geology and hydrology, and the processing system is necessary in order to design a facility to prevent my releases and to contain process fluids and waste. A plan for closure should be developed as an integral part of the Plan of Operations. All mine components, including the open pit or underground workings, overburden piles, and ore stockpiles, as well as all parts of the mineral processing system, should be designed to prevent and/or contain contamination. It is particularly

394

CHAPTER 7

important to design barriers, containment, or neutralizing capacity for heaps and overburden piles in those cases where characterization has in&cated the potential for acid rock drainage or metals mobilization. This closure planning should be a team effort, incorporating where feasible the input of regulatory agencies and reputable citizen groups, At this stage it may be possible to prevent future natural resource damage claims by negotiation. This may be critical in areas with recreational or aesthetic value. as natural resource damage claims may be based on an aesthetic injury or for the "existence value" of the resource, defined as the value that members of the public place on the continuing existence of the resource, whether or not that resource is ever used. It may be possible at this point to obtain an agreement wherein the operator commits to off-site mitigation or habitat enhancement as compensation for irrevocable damage or change to a resource, such as an open pit which is not backfilled. While this may be seen as a costly option, or as "giving in" to unreasonable demands of environmental groups, it may also prevent extremely expensive surprises at closure, and it allows for the expense of such a mitigative measure to be spread over the mine life. It should be noted that there are two defenses to a natural resource damage claim, if the damage was the result of a permitted release. The first removes the liability for such damage if the responsible party can show that there was specific identification of an irreversible and irretrievable natural resource commitment made in an environmental impact statement or similar document, that this commitment was authorized in a permit or license, and the responsible party has acted in compliance with the terms of that permit or license.' The second defense states that damages resulting from a federally permitted release (under RCRA, CERCLA, CWA, etc.) are recoverable under existing law instead of CERCLA.' This is a defense only for releases that are in compliance with permit terms. Damages can still be recovered for releases that were not specifically authorized. that exceeded permit limits, that occurred without a permit being in place, or that were accidental.' Thus, by disclosing the unavoidable commitment of resources in an EA or EIS, and by incorporating permitted releases, an operator may be able to avoid a claim for subsequent natural resource damages from an operation. However, as previously mentioned, under CERCLA an operator or owner may still be liable for the cleanup of Contamination resuIting from such permitted releases. Best available control techniques should IE incorporated into the design, operation, and closure of all facilities, whether or not they are required by permit conditions. Unfortunately, if a control fails and a release occurs, the operator is liable for costs of cleanup and damageseven if the control was agreed to and permitted

by the regulatory agency. The solution to this dilemma may be to design controls beyond the minimum required, to the point that this is economically feasible. This includes double lining of process components, lined ditches for all piping, leak detection for process components, etc. In summary, the best, if not the only, way to avoid claims for environmental damage is to ensure that no damage occurs. This process should begin with the initial evaluation of a potential mining property by avoiding any property with existing environmental liability, and continue through the design process, where every component should be designed with pollution prevention in mind and with a back-up prevention or containment system. Consideration should also be given during the planning phase to off-site mitigation for resources irrevocably committed. Mining operations should include constant monitoring so that should a release occur, it can be identified and contained before contamination or significant environmental damage can occur. Closure should be designed and implemented to prevent pollution or the migration of contaminants from all mine components.

7.9.3.5

Resolution of Claims

If prevention has failed and a release with subsequent environmental damage occurs, an operator should move quickly to resolve the situation with the appropriate regulatory agency. In a drawn-out battle. the usual winners are the lawyers and the EPA. It is critical that all releases be properly documented and promptly reported. Failure to report a release will most likely result in punitive civil penalties. and may result in criminal penalties. To the extent possible, the plan for cleanup and mitigation, where necessary, should be included with the release report. A company is best positioned to survive an enforcement action if it has a history of compliance and amicable relations with environmental regulatory agencies. Such a company is most likely to be able to develop a consensual agreement for corrective action, and avoid a unilateral order. A history of compliance, including appropriate management of hazardous materials and wastes, a thorough monitoring program, and accurate and up-to-date record-keeping, will be likely to help a company avoid civil and criminal penalties. When a release has occurred and it is evident that corrective action will be required, the operator should move quickly to establish communication with all affected parties, including the EPA, state and local authorities. and in some cases, citizen groups. A corrective action proceeding can be very complicated and will go much more smoothly if open communication can be maintained and input from all affected parties is included.


Generally the best and least costly solutions for a company can be found through a negotiated settlement rather than a court battle. Taking the EPA to court has the potential to take years and cost millions of dollars, and typically stiII results in the issuance of a corrective action mder and claims for damages. An exception to this, of course, would be a case where a company had reason to believe that an action had been brought on the basis of invalid or improperly interpreted data. Another key for claim survival is prompt action on the part of the operator. Releases should be stopped as soon as possible after detection, and steps should be taken to prevent contamination migration immediately, where feasible. It should go without saying that the smaller the release and the area of impact, the less costly and time-consuming the corrective actions will be. Further, evidence of prompt action by the operator may convince the authorities that punitive measures are unnecessary, or at least should be reduced. Costs of corrective actions can be very high. Under CERCLA and SARA, any one potentially responsible party (PRP) may be heId liable for the entire cost of a cleanup resulting from the actions of multiple parties, as in the case of contamination from a hazardous waste facility or the acquisition of a property with a history of environmental problems. With natural resource damage claims, a responsible party may be liable for the cost of returning an injured resource to its prerelease condition, even if this cost is greater than the value of the resource lost due to the injury. The lost value of the resource until it is restored is also recoverable. Again, open communication with all affected parties may be able to reduce these costs. Each case is different, of course, hut negotiation with regulatory agencies and concerned parties. where an operator has a history of compliance and g o d faith, may result in cleanup standards of less than prerelease conditions, or more affordable replacement of an injured resource in lieu of restoring the damaged resource. Thc most important factor in resolving any environmental claim will be thc company's record of compliance and overall environmentd attitude. The company that takes an environmentally proactive stance from the inception of a project will always be able to resolve a claim or a corrective action more quickly and cost-effectively than a company that views environmental fines as just another cost of doing business.

Notes

' 42 USC Sec. 9607(a)

' 42 USC Sec. 9601 (22) 42 USC Sec. 9601 (14) ' 42 USC Sec. 9601 (9) 42 USCSec. 9601 (16); 33 USC Sec. 2701 (20)

395

'42 USC Sec. 9607 If) (1)

' 42 USC Sec. 9607 (f) (1) ' 42 USC Sec. 9607 (j)

42 USC Sec. 9601 (10) Ohio vs U.S. Dept. of the Interior, 880 F.2d at 438 *O

7.10 PROJECT MONITORING 7.10.1 MONITORING REQUIREMENTS by W. Schafer

7.10.1.1 Project Monitoring The objectives of an environmental monitoring program vary depending on the development stage of the facility. A comprehensive environmental monitoring program involves a multimedia approach. Groundwater, surface water, climate, air, soil, and biota may aII be involved in such a program. Selection of appropriate media to be monitored, the frequency and kinds of measurements obtained, and the parameters to be measured should be decided on the basis of site and facility characteristics. During baseline evahation, the purpose of environmental monitoring is to establish a benchmark of pre-mining environmental conditions to which operational monitoring data will be compared. During start-up, the monitoring will focus primarily on environmental effects most often associated with facility construction. During the operating life of a facility, environmental monitoring will evaluate the effects of both the mining and processing operations. Monitoring the success of the reclamation program and other environmental mitigation programs is also an important objective during operational monitoring. Finally, routine environmental monitoring should also include cumulative disturbance, topsoil salvage quantity, and cumulative reclaimed acreage. During post-closure stages, environmental monitoring will be gradually phased out as the long-term effectiveness of the facility closure program is established. Post-closure monitoring must be of adequate duration to establish long-term reliability and should be tied to bond release criteria. 7.10.1.2

Construction and Start-up

Environmental impacts during facility construction are likely to be associated with large-scale earth-moving or land-clearing operations (Table 22). Pre-stripping operations in the pit, construction of heap or tailings areas will require stripping large areas during a short time period. In particular, deployment of large areas of geomembrane liner before placement of ore or tailings greatly increases the risk of excess water inventory and large run-off events. The timing of construction of

396

CHAPTER 7

Table 22 Potential Environmental Impacts Associated with Facility Construction and Start-up Phases Environmental Medla

Potential Impacts

Constitutents Monitored

Groundwater

Increased recharge

Monitor TDS and major ions in groundwater, evaluate changes in static water levels.

Disturbance of seeps and springs

Monitor springlseep flows, disturbance area.

Erosion and sedimentation, Stormwater management

Monitor TSS and turbidity is surface water, determine stream channel bed characteristics. Evaluate sediment pond design and performance.

Increased peak flow

Continuous flow monitoring at selected stations

Fugitive dust

PM10 stations

Surface Water

Air Quality

repod

cumulative

Equipment emissions Soil Resources

Soil stripping

Report cumulative land disturbance and soil salvage inventory and compare to amounts.

planned

Biota

Wildlife

Site specific inventory program.

Other

Noise.

Site dependent monitoring program dependent on proximity of residential areas and on wildlife present

ponds, diversion structures, and sediment control features is crucial in determining potential water quality impacts during construction. If large rainstorm events occur during the construction season, significant increases in erosion and sediment loading may result. Removal of vegetation may also increase groundwater recharge, which may increase the flow and major ion concentrations in shallow groundwater systems. Fugitive dust and equipment emissions are the most likely air quality impacts during construction phases. Wildlife displacement due to increased activity may be associated with facility construction, however many species also adapt to increased noise levels. Many mines experience an influx of wildlife due to a haven effect of hunting restrictions within the mine property boundary. 7.10.1.3 Operation and Reclamation

Operational environmental monitoring will include two components (Table 23). First, multimedia sampling will be used to detect potential environmental impacts of the mine operation. Second, evaluation of environmental

programs within the facility boundary including routine inspections of containment systems and processing areas, review of reclamation success, geochemical verification programs, evaluation of wildlife impact mitigation programs, and other site-specific programs will be completed. Changes in groundwater static water levels may result during mine operations as a result of dewatering efforts. Water levels in groundwater monitoring wells should be monitored at least quarterly to detect changes. More frequent monitoring or continuous stage measurement may be prudent on key wells. The geochemical nature of mine waste may affect the quality of seepage through waste rock storage facilities. In wetter climates, waste rock seepage may affect groundwater or surface water quality. Although water quality measurements should include all major ions and several trace metals, water quality changes can best be identified by evaluating key "indicator parameters". Certain ions are likely to serve as a marker of waste rock seepage. Elevated nitrate leveIs are common in waste rock seepage due to residual explosives: In addition,


397

Table 23 Potential Environmental Impacts During the Operating Life of a Mine and Monitoring Program Elements for IdentifyingThem Environmental Media

Potential impacts

Constituents Monitored

Groundwater

Effect of mine dewatering program.

Monitor static water levels in vicinity of mine. Compare impacts to pre-mining predictions. Identify water quality in mine water and evaluate disposal options.

Seepage through waste rock storage area or tailings embankment on water quality.

Identify presence of indicator parameters such as nitrate, and sulfate in downgradient wells. Establish geochemical sampling program if necessary to characterize waste rock.

Localized disturbance of hydrologic balance.

Site-wide monitoring of static water levels should include off-site wells if impact is possible.

Runoff, erosion and sedimentation from disturbed areas.

Evaluate changes in TSS and turbidity from baseline stages. Regularly inspect diversion structures and sediment control structures and evaluate performance.

Surface Water

Runoff from mine facilities and effects Perform comprehensive water quality analysis at regular intervals. Formalize statistical on water quality. evaluation criteria. Air Quality

Haul road impacts on air quality and effectiveness of dust abatement program.

Compare PMIO sampling results to ambient air quality. Develop operational mitigation as necessary.

Blasting and mining impacts. Soil salvage and replacement program.

Maintain inventory of soil salvage area and soil stockpiles.

Success of reclamation.

Develop and maintain a revegetation monitoring program. Document impact of reclamation on air and water resources.

Biota

Wildlife

Implement a facitity-specific wildlife mitigation program as needed.

Other

Mine waste characterization

Continue to sample ore and waste generated in pit to identify potential water quality issues.

Noise

Implement monitoring program.

Soil Resources

elevated sulfate levels are also common. These constituents are "conservative" meaning they readily move in pore water within waste rock and are not geochemically attenuated as are many metal ions.

Consequently, nitrate and sulfate are ideal indicators of waste rock seepage contribution to local groundwater. Groundwater quality measurements downgradient of a mine waste facility are shown in Figure 5. Elevated

398

CHAPTER 7

Table 24 Post-Closure Facility Monitoring Program Environmental Media

Potential Impacts

Constltuents Monitored

Groundwater

Recovery of groundwater static water

Monitor water level recovery and compare to predictions. Revise model as required.

levels Long-term water quality effects

Phase out water quality monitoring during post-closure period if compliance is certified.

Performance of long-term diversions and erosion control measures

Modify structures to minimize maintenance and inspection requirements.

Long-term water quality effects

Phase out water quality monitoring during post-closure period if compliance is certified.

Air Quality

Return to ambient conditions

Phase out air quality monitoring during post-closure period if compliance is certified.

Soil Resources

Reclamation success

Complete reclamation of processing areas. Continue evaluation of rectamation success.

Biota

Utilization of reclaimed areas by wildlife

Facility-specific

Other

Bond release criteria

Develop bond release criteria with partial releases tied to completion of decommissioning schedule and to post-closure environmental compliance.

Surface Water

nitrate and sulfate levels are due to seasonal seepage through waste rock. Acid rock drainage (ARD) is an environmental concern where sulfide ore is mined. Waste rock storage areas commonly are the first facilities to provide an indication of acid-production. Elevated sulfate, decreased alkalinity, and elevated zinc and manganese levels in groundwater or springs downgradient of waste rock storage areas may be a precursor of subsequent ARD. The source of a change in surface or groundwater quality must be identified before a mitigation plan can be developed. Natural systems exhibit seasonal variation in water quality, with the variability typically more pronounced in surface water. Data in Figure 6 illustrate the natural seasonal variation in sulfate concentration in surface water. In surface waters, major ion concentrations often decrease during high flows and increase at low flow. In addition to seasonal effects, annual drought may

also trigger an "apparent" degradation of water quality. A useful method employed for detecting when an increase in a particular constituent has occurred is to compute the mass loads for each monitoring station. The degree of natural variation in water quality constituents should be characterized during baseline monitoring so that statistical criteria can be established which constitute a water quality impact. 7.10.1.4

Post-Closure Phase

Post closure monitoring is employed for an acceptable duration after mining operations have ceased. In arid climates, migration of contaminants through mine waste facilities is often slow. Hence, water quality impacts am not always detected during life-of-mine operations. The duration and scope of post-closure monitoring should be negotiated between regulatory agencies and


399

WESTERN U.S. GOLD MINE GROUNDWATER MONITORING .350

' I

) I

-I)-

Sulfate

7 ' I

+

-300

Nitrate

,.

&

-250

=0 ?

PH

-200 g

L

6,

c,

~

ctl -150 >

3 -100

- 50

l-l-

-0 Jan-87 Jut187 'Jan-88.Jul-88Jan-89' JL 89 Jan-9C Jut-90 'Jan-91'Jul-91 .Jan-92 Apr-87 Oct-87 Apr-88 Oct-88 Apr-89 Oct-89 Apr-90 Oct-90 Apr-91 Oct-91

Date Figure 5 Changes in nitrate and sulfate levels in groundwater downgradient of a mine waste facility.

mining companies in advance of closure (Table 24). Ideally, post closure monitoring should also be tied to bond release. Key components of post-closure monitoring should include reclamation success, decommissioning of process solution in heap leach and tailings systems, and surface and groundwater monitoring. Recovery of groundwater systems impacted by dewatering should also be monitored.

emissions. These may be in the form of measurements of process rates and fuel rates, documentation of pressure drops and water flow rates through control devices such as scrubbers and baghouses, and in some cases continuous emission monitors (CEMs) on the exhaust stacks. In some situations post-construction ambient monitoring can also be required to insure the ambient standards are not violated.

7.10.2 AIR QUALITY MONITORING by R. Steen

7.10.2.2 Ambient Monitoring

7.10.2.1 Introduction It is expected that all emission limitations and monitoring systems agreed upon during permitting will be implemented during operation. In the case of Major Stationary Source (MSS) or Major Modification (MMD) sources, and sources with the potential to emit above the thresholds triggering MSS and MMD, there must be federally enforceable compliance conditions written into the air permit insuring that the controls are installed and operated properly and provide the expected control of

There arc no requirements for post-construction ambient monitoring in the federal program, only an allowance for it on a case-by-case basis. Some of the state and local programs require it for mining operations where it is nearly impossible to measure directly fugitive dust emissions. Rather than disputing the degree of control needd in the permitting phase, the local agencies have resorted to requiring that absolute ambient standards be met at various locations beyond the boundary. If the operation cannot meet ambient standards, it is required to increase emission controls until the standards are met. Monitors are to be located at the points of anticipated

400

CHAPTER 7

WESTERN U.S. GOLD MINE Natural Variation in Water Quality -mSulfate

c

L

Bicarbonate

-Ir

PH

Jan-86

Jan-87

Jan-89

Jan-88

Jan-90

Jan-91

Date Figure 6 Natural seasonal variation in sulfate concentration in surface water downgradient of a mining facility.

maximum impact, but are often selected near sensitive locations such as residents and schools where concern for compliance with the standard is greatest. This is especially true in cases where the agency relies on health risk assessment as an environmental management tool. 7.10.2.3 Emission and Control System Monitoring

The trend is to require monitoring of emission-related parametcrs during operation for the bigger sources. There are requirements for this as part of the NSPS, NESHAP, and MACT federal regulations. These requirements can take the form of source testing at prtiject startup and annually thereafter, or of indirect continuous monitoring or direct continuous emission monitoring (CEM's). Indirect continuous monitoring is of emission surrogates that are easier to monitor than emissions themselves. For mining operations, the ore throughput is a surrogate for particulate emissions, for diesel power generation, fuel consumption or power production or gcnerator on-time are used as surrogates of h e various consumption pollutants emission rates. Oftentimes

surrogates are used with source tests where the source test establishes the relationship between the surrogate and actual emissions. Direct emission monitoring using CEMs, is required for the largest sources such as power plants, smelters and chemical production facilities. CEM's are instruments which monitor stack temperature, flow rate, opacity (particulates), sulfur oxides, nitrogen oxides, carbon monoxide and hydrocarbons. For combustion sources a diluent is also measured such as carbon dioxide or oxygen to normalize for stack gas dilution with ambient air. The CEM parameters to be measured depend un the nature of the process. For mining operations the maximum processing and transfer rates are usually limited as a permit condition and there is a requirement to continually monitor (on a daily hasis) the ore throughput. The NSPS for crushing and conveying systems ( 4 K F R 60.380 for metallic minerals and 40CFR 60.670 for nonmetallic minerals) requires that the pressure drop across dust control devices and water flow through scrubbers be monitored. The NSPS for dryers and calcjners (4OCFR 60.730) requires continuous opacity monitoring. For wet scrubbers the

ENVIRONMENTAL PERMITTING pressure drop and liquid flow rate are measured. Other monitoring requirements can include documenting the application of dust suppressants to the haul roads, documenting the moisture content of the ore being loaded to the primary crusher, and documenting the opacity of dust emissions at the crusher and behind haul trucks by certified visual observation. There is a wide variation of monitoring conditions applied to mining operations by local agencies. Reviewing previously issued permits is the best way to prepare for the conditions likely to be placed on a new permit. There are NSPS standards and compliance monitoring requirements for incinerators and large petroleum storage tanks, both categories of which mines may, but normally do not trigger. In the past, CEM systems were limited to large process facilities such as coal-fired steam generating plants, smelters, and cement plants. The CEM systems measured opacity within the stack (a measure of particulates), and concentrations of sulfur dioxide, and nitrogen oxides. These systems are now being required for large-sized gas-turbine power generation, and particulate generating facilities smaller than coal-fired units. CEMs are also being required for emitters of volatile organics and toxins. These CEM units becoming more reliable and less expensive to operate, and they are becoming a part of "federally enforceable" compliance conditions for many facilities.

7.11 PUBLIC RELATIONS AND COMMUNICATIONS by M. Allender

7.11.1 INTRODUCTION Communication and public involvement are no longer optional elements of a successful public relations program for mining companies. They are obligatory-the roots of a basic strategy. Public relations awareness and expertise should be incorporated early into the planning process during exploration and permitting. Developing effective communications and public relations program can be critical to the success of project permitting efforts. No successful operation can afford to ignore public opinion or public concerns or the research required to identify and respond to them. Today's project must invest in protecting the environment as required by law. Environmental concerns are here to stay, and public involvement must be addressed as part of that phenomenon. The considerable investment in environmental programs and mitigation can be recouped by describing those efforts in public information programs to establish confidence in the project. Public concerns can be raised about the economy versus the environment. Public opinion falls somewhere

401

in between, and recent experience shows that economic benefit to the community is no longer an exclusive selling point for any project. For a project proponent from outside the community, the challenge is to establish a constructive local relationship AND to determine what the local public needs to know and wants to know. This requires obtaining in-depth knowledge about the community and broadening communication beyond the technical level to a public want-to-know information range. Research can supply the fundamental data that will allow a communications program to anticipate public opinion and stay ahead of it. This section discusses the elements of successful communications and public relations programs.

7.11.2 RESEARCH TOOL

-

A COMMUNICATIONS

Reaching into a community to forge an effective communicationsprogram demands identifying an elusive target audience and designing a responsive strategy. Whether it is rural or urban, big or small, each community is unique in history, personality, and evolving attitudes. A comprehensive profile shaped from these elements is the foundation of meaningful dialogue and public participation. Rcscarch is necessary for gathering information that contributes to the design of a proactive program. Research determines the scope of a problem, what provokes or remedies it, and how public attitude plays a role. Research also monitors the effectiveness and impact of public relations and communication efforts. An opinion survey may expedite the information gathering process. There are specialists who gather and analyze data. Exploring public records for relevant information is another option. Some methods for obtaining information about a community are presented below.

7.11.2.1 Surveys and Sources Surveys that obtain information by telephone or by mailed questionnaires are one method for obtaining information about a community. There are advantages and disadvantages to both methods related to cost and response ratio. Much survey information is readily available to the public. Government and commercial organizations conduct national, regional and local surveys. Government sources include reports from the Bureau of Census and the State Department of Finance. Newspapers, television and news organizations report on surveys, and survey research centers function at most major universities. The latter materials may be free for the asking. Specialized material can be found in scholarly journals. For general feedback, press clippings and broadcast monitor reports

are always available from commercial services.

7.11.2.2 Research Goals Community input must be the foundation for all research. It is needed early and often, and should be supplemented by data from other resources. For example, research should focus on policies that guide decisions of elected officials and of agencies with jurisdiction over mining. Old newspaper files and minutes of meetings, taped or written, can answer questions like the following: Have decision makers consistently recommended Environmental Impact Reports? What are the impact and/or mitigation fees or conditions applied to industrial projects? Is there a pattern? What is the appeals process and how have appeals fared? Has public opinion andor activism significantly influenced decision makers? What are the policies and requirements of planning, health and public works departments that consistently bear weight with decision makers?

7.11.2.3 Public Views and Media Perspectives Researching how the public, or a selected segment of it, views controversial projects or issues may reveal a consistent response pattern and provide clues for designing a proactive approach to predictable problems. Is the community aware of issues and responsive to them? Does controversy breed ambivalence or action? Is there a bellwether group or organization? The proponent of a project can never know too much about a community. In creating a comprehensive profile, the economic and political power structure should be explored and views of influential figures on particular issues identified. It is important to sort out vocal action groups, representative leaders of the clergy, teachers, unions, professionals and industrialists. Pinpoint the protest and petition groups, special interests and dissidents. All of these components help shape the character and attitude of a community. Characterizing an opposition group as “smalt and vocal” and therefore ineffective can be a mistake. The reality is how that group can influence public opinion, and how credible its evaluation is to the community. The health of the local economy is an issue that can shape the perception of a project. It must be addressed and researched. Recession or prosperity, growth or stagnation are revealed in local figures on bankruptcies and business failures, pace of home construction, help-wanted advertisements, vacant store fronts and statistics on sales tax revenue. Economy is invariably a major factor in the decision-making process. Media attitude is a research priority. Is it positive or

negative on projects that generate community conflicts over land use? Is it influenced by editorial policy on controlled-growth, no-growth or pro-growth? How are environmental factors evaluated? Does public pressure affect editorial policy to any significant degree? Media perception can be skewed by environmental or fiscal misinformation, or swayed by public sentiment.

7.11.3 SUCCESSFUL PUBLIC RELATIONS An effective public relations program creates and sustains an accurate and consistent public awareness of the project. Public relations efforts and priorities must be established around a time line tied to permitting or other activities which may receive public scrutiny. A basic message which focuses on a limited number of points should serve as the foundation for all interaction with the public. The message points should be positive, should be based upon community issues, should consider demographi&. and should rely on facts - not opinion. Successful communication and public participation programs are balanced and broad-based. A public relations program must recognize that there are many publics and become acquainted with each and every one. There are general-interest groups, special-interest groups, service, civic, business and professional groups with varied concerns to address. Meetings designed for each segment may be advisable. Perspectives of opponents and advocates must be accounted for in developing a communications agenda. The finished product should recognize and respect conflicting views and shun antagonism. In every presentation, it is imperative to establish a balance between facts and information. What people cannot understand, they mistrust. It is important to concentrate on facts and clarity when dealing with the public. In addressing the present and future of a project, always strike a positive note and be prepared with factual support. Stating that a project is “good for the community,” a refining process “safe” or a serious environmental impact “easily remedied” is meaningless without documentation. Successful communication relies on fact, not on opinion or biased optimism. As described in the following paragraphs, public meetings, printed material, and site visits can be used effectively to disseminate information about a project and to build a positive relationship with the community. 7.11.3.1

Public Meetings

General interest meetings that attract a wide audience can promote positive community relations. Public meetings provide the opporlunity for an open and positive presentation and a comprehensive and documented response to rumors or misinformation. Visual aids such as photographs, sIides, videotap, drawings and maps

ENVIRONMENTAL PERMITTING are persuasive in rounding out a project presentation to the public. Clear and non-technical answers to questions from the audience are essential. Every query should be addressed. If the response must be delayed for necessary research, say so and deliver the answer as promptly as possible. The economy is a priority concern in every community. Jobs are welcome news. How many jobs will a project create - and for how long? How many local residents will be hired? The payroll and the cumulative impact on increased purchasing power and tax revenues are recognized as a local fiscal plus. Because there are diverse interests in every audience, focused meetings, as well as general meetings, can strengthen a community relations strategy. Concerns about particular environmental or health questions, traffic impacts and conflicting land uses are common and may best be addressed by qualified professionals at special meetings, Service organizations and civic groups represent another collective community viewpoint. Support for schools, sports, social programs and fund-raising activities are traditional goals for these associations. Presentations to these groups should focus on what a project proponent can offer to any individual group and to the causes that they support. Communications experts have recorded positive results from reaching into local classrooms through study aids for teachers. Supplying curriculum-related facts on products or natural resources associated with a proposed project has merit, as well.

403

questions. Besides organized tours, the public can be exposed to information at an open house, in local advertising, and through special events such as a ground breaking ceremony or a dedication.

7.11.4 COUNTERACTING MISINFORMATION

No community relations program is complete without factual printed materials. In pamphlet or flyer form, with sketches or photos, information on a proposed operation must be current, community-oriented, accurate and positive in approach. It need not be a costly slick-paper, four-color job to deliver a credible message. Materials should be made available to the iziblk, the media, local government officials, relevant agencies and departments, business and financial interests. Information should be distributed at appropriate meetings and, if authorized. to schools.

Tracking down sources of misinformation and preparing a rebuttal can be time consuming and frustrating. ?he process is wisely confined to issues of significance in the course of planning and decision making. The effort should concentrate on confronting major issues such as: unfounded allegations about threats to health and safety; traffic gridlock; destruction of wildlife or wildlife habitat; unmitigatable damage to the environment and devaluation of surrounding properties. Nit-picking is negative and tends to triviahe. I t can also trigger another round of misinformation and response. Documented response should point out and correct publicly circulated errors of fact or interpretation promptly and professionally. If the issue is fiscal, cite public records when feasible. Go to experts and authorities in the appropriate fields for technical or scientific answers. Consult reliable local sources whenever possible. It is best not to introduce jargon or opinion. Response is more effective when clearly expressed, focused and factual. Basic positive message points should be affirmed in every exchange and all correspondence. Discard any negative position that cannot clearly be justified. In countering misinformation, consider more than one media vehicle. Besides the daily press, television and radio, small neighborhood newspapers that focus on purely local events typically welcome a newsworthy release of direct reader interest. Newsletters for a particular organization, industry, or business may be published monthly or quarterly and often reach a wide audience that includes executives and employees as well as government agencies, regional media and legislators. "Letters to the Editor" is another media arena for correcting errors, but it should not be over-used. Beof the "rotating door" trap, where one letter prompts another and the exchange does nothing to advance the project position.

7.11.3.3 Site Visits

7.11.5 WORKING WITH THE MEDIA

Because there is no substitute for being there, site visits offer visual and technical answers to 3 concerned and curious public. Printed materials are important supplements to site visits. Opening up a project for tours proves there is nothing to hide. The event makes its own direct statement. TO be effective, tour leaders should be knowledgeable and equipped to address varied and special interests, as well as routine or technical

An effective communications program connects early with the media to introduce and describe a project and open a dialogue. All media value a message that is balanced and complete and bears the stamp of authenticity. Personal contacts can be critical to your ability to provide that stamp and to relay your information to a community audience. To build successful, direct media relations, be honest

7.11.3.2 Printed Materials

404

CHAPTER I

and offer service. Don't complain. Don't ask for story kills. Don't produce a flood of releases. Getting to know a news editor and/or the news person assigned to report on a project is more than helpful. It may be essential to an effective information program and can be invaluable in emergencies. Background material on a project is frequently requested and should always be available for prompt distribution. It must be accurate, clear and comprehensive. The basic information is used and reused as stories develop and should include the history and description of the proposal and anticipated economic benefits. The material should also address the history and current status of the proponent company, and identify top officials. The name, telephone and facsimile numbers of the project spokesperson or the general information source should be announced as soon as a designation is made. Playing media favorites is amateurish, counterproductiveand breeds resentment. Equal treatment earns respect and means releasing spot news as soon as possible and timed news and features based on an even break with required deadlines for the various reporters. Rcquests for photographs or for permission to take photographs are routine. Cameras make most people uncomfortable, and cooperation with the photographer will help abbreviate the process. If some areas are off-limits to cameras, explain why and suggest an alternative. In dealing directly with the media, getting comfortable is the first hurdle. News persons ask questions to obtain information. Hostile or fragmentary answers will be reflected in what is printed or videotaped. So will courtesy and completeness. A public interest viewpoint is always advisable, not that alone of the project or the company. Balanced presentation carries conviction. Recognize that all views are valid--to someone or some group. Print and television media may approach the same news story from different angles, pressured by time constraints, print or visual emphasis, and the perceived extent of readerhiewer interest. Technical and professional journals have a narrower focus, more extended deadlines and tend to explore a subjcct in depth. All interviews and prepared materials should be tailored to fit the format and perspective of the specific media forum. Daily or hourly deadlines and competition from other breaking news events influence how television and radio stations and newspapers play a story. Another determining factor is whether it is straight news or falls into the special feature category. Reporters are not responsible for where or how a story is played. That is the prerogative of the editor. Content and news - or shock - value are among the criteria applied. Good media relations result from delivering a prompt

response to any type of query. It is crucial to keep program files updated to include the history, performance and progress of a project and to guarantee accurate information.Material requested by newspersons pursuing stories on their own initiative is not for general release but for the use of that person, only. If an error crops up in a story, a letter should be accompanied by a request for correction and addressed to the editor of the particular media department. In seeking a correction, the operative word is "request," not "demand." Provide convincing and conclusive information and push the fairness button. Courteous discussion of a correction with the reporter and/or editor can personalize the process and may establish a useful communications channel.

7.11.6 USING TECHNICAL INFORMATION The majority of the public is not tuned in to the fine points of technical information. However, technical information can be integrated successfully into a communications program. Involving public relations and communications experts early during project planning is essential. It is important that the public relations manager become acquainted as soon as possible with significant technical and potentially controversial issues, with mitigation measures addressing environmental impacts, and with public and regulatory concerns. This knowledge can contribute to meaningful exchanges with the community at a later and more public stage of the planning process. Clear and understandable technical information free of specialized vocabulary can be woven naturally and regularly into news releases and other printed material. Purely technical information is typically not understood nor welcomed by the majority of the media - or the public.

7.11.7 SPOKESPERSON TRAINING From the corporate office to the mine or manufacturing site, company spokespersons need instruction and preparation for their role with the media and the public. Useful training tools are seminars conducted by a public relations expert, videotaped TV interview techniques, tips on public speaking, and rehearsing a model question and answer session. Areas of responsibility should be defined for each designated spokesperson. Is it corporate finance, company policy, worker safety, environmental issues, a refining process or a community event? The spokesperson should have a complete grasp of the subject and the confidence to respond. Individual response limits must be clear. A casually-volunteered comment on an unfamiliar subject could be misinterpreted and create a public relations disaster. Company policy should address the pros and cons of

ENVIRONMENTAL PERMITTING telephone interviews. Communications miscues can occur where complex issues are discussed and the interviewer has no access to written backup material. Requests for interviews, in general, are not infrequent and should be reviewed by the public relations manager. It is acceptable to ask about the general subject of the interview and to provide supplementary information.

7.11.8 CRISIS COMMUNICATION Prepared statements may be necessary where a serious emergency exists or where precise technical information must be imparted. A prepared statement may also be advisable as a direct response to allegations or charges generated from a public issues controversy. Any policy on prepared statements should allow for flexibility and accuracy based on the demands of a particular situation. In emergencies, it is advisable to designate one spokesperson to funnel information to the media and the public, with backup from appropriate specialists. This response system must be carefully designed and positioned for action. Crisis communication training programs are useful as preparation for confronting emergency response demands. Where stress is publicly present, questions should not go unanswered. Spokespersons must be well-grounded in how to present accurate and complete information in a crisis, while observing established policy limits and avoiding any perception of panic. A crisis communication program addresses thesc and other essential response areas with a prepared plan. Company spokespersons facing controversial issues fare better with a positive approach: what is good about a project, not what is bad about the opposition. Trading insults is no substitute for a thoughtful response based on researched and reliable facts and for taking on issues directly and with conviction.

7.11.9 CONCLUSIONS AND SUMMARY Communications and public relations programs must be proactive and dcsigned to avoid a reactive or defensive mode. The programs should anticipate concerns and be prepared to respond. This requires maintaining updated files, keeping information and input current, and preparing upbeat presentations and printed material about the project. A proactive program puts the opposition off balance, informs the public, and wins points for the proponent. This can be achieved by sponsoring informational meetings and site visits, submitting well-researched story suggestions to the media, and answering any and all questions. Creating an image of reliability and preparedness is critical. Investing in public relations for a mining project is like any other important aspect of the project. A careful,

405

consistent and focused program will help avoid major misunderstandings or unwitting blunders which can generate costly delays or stimulate demands for excessive mitigation -just as careful engineering can help avoid a future miscalculation. Good relations with the many publics that show interest in a mining project deserves as much attention as any other aspect of the mine operation. It is, after all, problems with public perception and the processes of government which hold the greatest uncertainty - and therefore unanticipated costs - for mine operators.

7.12 POLITICAL INVOLVEMENT by K. W. Mote

7.12.1 PARTICIPATING IN THE ISSUES Just as advances in environmental science have increased geometrically for more than a generation, so has the growth of environmental law and regulation. At the outset of the age of environmentalism, science was the basis for describing the environment and the needed corrections, but in the political arena in which environmental considerations were cast, science and politics became confused. Therein lies the explanation of why the environmental practitioner must be deeply involved in the political process, both to help cnact practicable and beneficial laws and workable rules, and to prevent their misapplication. As this nation developed, captains of industry had a powerful voice in politics, and individuals had little or none. In the last three decades, however, the political system has opened up to the grass roots participation of all citizens in legislative and regulatory matters, giving rise to a large and powerful environmental lobby. Where industrial growth was once of greatest political importance, philosophical environmental and land use concerns have gained increased political importance. Since the Wilderness Act of 1964 and the National Environmental Policy Act of 1969, new laws and regulations for land use, or non-use, and for environmental controls have flourished, often confusing the issues. For instance, the Wilderness Act of 1964 was designed to protect those "crown jewels" of the public lands, thought at the time to be comprised of 20 to 25 million acres of land unaffected by man, because adequate environmental protection laws did not then exist. Designated wilderness now includes more than 90 million acres, even though numerous environmental laws are now in place. The National Environmental Policy Act of 1969 (NEPA) began as a set of guidelines against which Congress could judge the environmental implications of proposed legislation. These guidelines became law in the fervor of the growing environmental movement at the

moment. Frank B. Friedman wrote in the Nutuml Resources Lawyer: ( Journal of the Section of Natural Resources Law, American Bar Association, Vol. VI. No. 1, Winter, 1973; pgs. 44 and 45) "There is no indlcation that Congress considered the possibility that the provisions of NEPA would give rise to litigation or that NEPA would be regarded as creating judicially enforceable rights or duties." And further, - this broad statute, with even broader implications, has been considered almost in a vacuum, and because of its broad language has, in turn, been subject to brosd interpretations despite pleas by Fsderal personnel to the contrary." By making the intended guidelines standards, most of the resulting rules and new environmental laws were developed primarily by trial and error regulation and court decision. A great effort was put forth by the budding environmental community to pass NEPA. and the effort for change has grown and become more sophisticated and effective with time. Although change is inevitable, the extent of reasonabIe, practical, or necessary change cannot be easily agreed upon, pitting environmental organizations, whose goals may seem more aesthetic and emotional, against miners whose response has been largely factual or data-oriented. Agreement on the definition of how clean is clean, or how much is enough, or what constitutes acceptable risk, is not likely to be decided in such an atmosphere. There seems little doubt that the solutions will tend to reflect the desires of the group with the best political involvement. Long-standing differences between environmental activists and miners have often developed into a mutual distrust of motives and actions. Both are frustrated by what they see as a lack of adequate law and proper regulation on the one hand, and excessive control on the other. Because the political arena is the point of resolution, and politics is guided more by perception than fact, the mining industry has had to recognize that the best data and logic may not win. Because the industry is dab oriented, changing the industry's approach has been difficult. Fortunately, the industry is changing. Political involvement at all levels is becoming a way of life. The industry is becoming more politically active and is learning how to work with the environmental mainstream. The industry is learning how to become involved in the political process, certainly in part by recognizing the methods used by the environmental community. "

7.12.2 HOW TO BECOME INVOLVED 7.12.2.1 Direct Participation

Direct participation in federal legislation is open to every

citizen. by submitting formal testimony on a bill, by sending comments to Members of Congress on a current issue, or by communicating with Congressional staff. Such communications should clearly define the topic, and request specific action from the legislator. Concise letters and data presentation are typically more effective than lengthy presentations with abundant data. Including supporting data. information and references may be appropriate. However, these shouId be included as separate materials rather than in the body of a letter. Petitions and form letters or cards can be an effective way to add to the number of constituents taking a particular position, but may not have the same positive effect as a personal letter or call. Professional societies and trade associations, can be an important source of political information and guidance on legislative issues. These organizations can typically provide information about the timing of Congressional activities, and can recommend key talking points for letters to Congress on proposed legislation. Another effective way to communicate with a Member of Congress is to schedule a personal visit when Congress is not in session and when the Members are back home in their district offices. Meetings with the district office are a g o d opportunity for a focused discussion of key issues, and establishing a personal working relationship with a Member's district office can be a very effective way to work with Congress. If possible, constituents should try to make personal visits to a Member's Washington, D.C. office. These discussions should focus on bow the issue will affect the Member's constituents. Providing personal details can be particularly effective. The Member's office should be provided with written materials describing the issue and key concerns. To take maximum advantage of a trip to Washington, D.C., it may also be appropriate to visit the reguIatory agencies with jurisdiction over mining. If time or funds are insufficient to support a trip to Washington, consider providing support for travel by others with similar concerns on an issue. Perhaps the ultimate involvement is presenting testimony on your own behalf or that of your organization, at a hearing on legislation or proposed regulations of concern. 7.12.2.2

Indirect Participation

Other, less direct ways of political participation can also be important and may not be costly or time consuming. Indirect political involvement is important in educating the public, business community, peers and students on important issues. Trade and professional organizations should capitalize upon all requests to provide speakers on current issues or technical topics. Individuals interested in increasing the public's awareness of mining issues should participate in education committees or speakers


bureaus associated with trade and professional organizations. Another effective way to educate the public and to develop public support for issues affecting mining is to meet with local newspaper editorial boards and business columnist. These visits should be issue specific and should be followed up with an offer to supply the publication with factual information about the industry. It is critically important that the industry respond quickly and effectively to inaccurate or distorted news articles or editorials.

7.12.3 THE MINING LAW OF 1872 One of the most difficult political issue that the mining industry has had to confront has been proposed changes to the Mining Law of 1872. This federal law, which has been under attack since before its passage, establishes the rules for access and use of public lands for finding and mining hard rock minerals. Since the mid-1980s. the mining law has come under increasing scrutiny and pressure from conservation and environmental organizations, some of whom a~ demanding that the Mining Law of 1872 be replaced by laws eliminating the right of access by citizens to prospect for, and produce, hard rock minerals on the public lands. Others realize the need for access to the public lands, but want the environmental laws under different titles to be restated in the mining laws. Some extremists would like to halt all economic uses of the public lands. The field for public activism has remained fertile, as environmental activists see unacceptable mining and reclamation practices of the past as the product of bad mining law, while miners blame the lack of environmental law at the time. Miners agree that old practices are unacceptable today, but argue that the laws enacted in the past two decades provide complete environmental protection, and sweeping new laws are not needed. Environmental activists' demands are often seen by miners as physically or economically impossible or unnecessary, and miners are most often seen by environmentalists as intransigent and self-serving. The two sides, then, turn to elected and appointed officials to support their respective needs and viewpoints. The sheer number of members of environmental organizations, perhaps tens of millions, compared to less than a million miners, clearly shows the need to be actively involved in the political process which reacts more to numbers than to cold logic. The mining industry has always had to be technically correct and economically sound to succeed, but now must also be politically acceptable. It is the latter that has proved to be the most difficult and trying. Several specific objections to the Mining Law of 1872 by the environmental community, and refutations

407

by the mining industry, are in the political Timelight each time amendment of the Law is proposed. Those arguments provide the basis for political sparring, and the very real need for political involvement. They provide familiar examples for discussion of the analysis of impacts. Some of the key Mining Law issues include patenting, royalty payments, reclamation of abandoned mine lands, and environmental regulations. Dialogue about these issues has typically been polarized and emotional. The points of difference are so open to individual interpretation, to lack of specific definition, to arguments of old versus new, and to 'fact' versus emotion, that legislators have no clear determinant on which to decide which way to vote on mining law reform. Each issue by itself could be argued with volumes of data and interpretation. Collectively, it becomes clear that technical information can become overwhelming, particularly to busy legislators and staff. Critical points must not be overlooked, and any verbal presentation must be short, to the point, and in summary only. Reports, extended discussion, and data compilations can be offered for further study if a legislator or staff so chooses. Some legislators and regulators have a predetermined position, some will follow the party leadership, and others may be convinced by public input. The stakes m high, the opposition is well organized and well financed, and has spent over two decades building their positive public image and political ties. The need for political involvement seems obvious; the means, slightly less obvious. Again, brief, direct statements are a necessity. Start out at a verbal scale of inch to the mile, and fill in inch to the inch as requested. For instance, on the royalty issue, the statement may be made that miners do pay their fair share to the extent of a large percentage of the market value of their production. However, the industry has realized that the public has called for a production royalty, and industry has proposed a royalty based on net profit. Questions may be asked and answered, but pertinent data can be presented as reports and summaries for reference, in the detail requested. On the patenting of mining claims, the message might be the reasons a patent supports assurance of future mining rights, but that industry does not object to paying a fair market value for the surface at the time of patenting. Or, if the conversation includes reference to the cost of patenting, the average real cost of proving the existence of an economic orebody may suffice, and the volumes of testimony and economic studies might be offered for further reference. Involvement of the public in permission to operate a mine on public lands is less data-oriented. Discussion might point out the need for security of tenure, and then ask what information will clarify your position for your

408

CHAPTER 7

audience.

7.12.4 ANALYZING LEGISLATIVE IMPACTS Bills or legislative proposals can be confusing and intimidating even to many who regularly deal with the bill form. An ideal plan for analyzing the technical and legal aspects of proposed legislation may include a lawyer specializing in the subject matter, a practicing member of each technical and professional field directly or peripherally affected, a member of the financial management team, and lobbyists who participated in the development of the bill. Proper analysis will require both time and patience. No guidelines are offered other than dedication to thorough study and understanding of the legislation, and the patience to stick to it. A broad group analyzing the proposal will assure you a better chance of thorough understanding.

7.12.5

SUMMARY

Mineral industry engineers and technical specialists have, until recently, largely avoided politics. Until the environmental movement made everyone a player in the political game, 'someone else' looked after legislation and regulation - sympathetic legislators who understood the workings and the importance of the mining industry, senior company management with an established rapport with government officials, or an association with strong ties to influence. North American society was built around jobs and the economy, and had learned about thc critical nature of minerals through two world wars and surviving a deep depression between them. Two generations of affluence have followcd, allowing a different and sometimes unrealistic view of man's relationship to the environment, along with a more strident demand to protect that environment. It may seem ironic that those least enticed into the realm of environmental politics are the most able to provide the balanced, insightful guidance for reasonablc and realistic legislation and regulation, Mining industry professional's classroom for political understanding is personal political involvement. Mining professionals understand the environment, work in the environment, and have the desire and ability to protect the environment. Even though the art of politics is foreign to the science of mining, mining professionals must learn the language of politics and join in the era of environmental politics if mining and related industries are to flourish in the United States and Canada.

REFERENCES ADEQ, 1991, Quality Assurance Project Plan: Arizona Department of Environmental Quality, Phoenix

Adamus, P.R., E.J. Clairain, Jr., R.D. Smith, and R.E. Young. 1987. Wetland Evaluation Technique (WET); Volume 11: Methodology. Operational Draft. Dept.of the Army, Waterways Experiment Station, Vicksburg, Miss. Albrechtsen, B., and E.E. Farmer (Coords) 1987. R4 reclamation field guide. USDA Forest Service Reg. 4 Minerals Manage. Ogden, UT 81 pp. Allen, E.B. 1984. The role of mycorrhizae in mined land diversity. pp. 273-295. In: F.F. Munshower and S.E. Fisher, Jr. (Co-chairmen). Third Biennial Symposium on Surface Coal mine Reclamation on the Great Plains. Montana State University. APHA, AWWA, and WPCF, 1992, Standard Methods for the Examination of Water and Wastewater: 18th ed., American Public Health Association, Washington , D.C. Armour, C.L., K.P. Burnham and W.S. Platts. 1983. Field Methods and Statistical Analyses for Monitoring Small Salmonid Streams. FWS/OBS-83/33, USDI Fish and Wildlife Service, Division of Biological Services, Washington, DC. ASTM, Annual Book of ASTM Standards, Volume 1 1.01 and 11.02, Water: 1995, American Society for Testing and Materials, Philadelphia, PA. ASTM, Standards on Environmental Sampling, 1995, American Society for Testing and Materials, Philadelphia, PA. Ashby, W.C., C. Kolar, M.L. Guerke, C.F. Pursell, and J.Ashby. 1978. Our reclamation future with trees. Southern Illinois Univcrsity, Carbondale. 99 pp. Backer, R., Rusch, R., and Atkins, L., 1977. Physical Properties of Wcstern Coal Waste Materials. U.S. Bureau of Mines, RI 8216. Backiel, T. and R.L. Welcomme (eds). 1980. Guidelines for Sampling Fish in Inland Waters. EIFAC Technical Paper No. 33, EIFACm33, Food and Agricultural Organization of the United Nations, Rome, Italy. Bailey, H., 1992, Environmental permitting costs o f developing base and precious metal mining properties, SME Annual Meeting, Phoenix, AZ, Feb. 24-27. Bazigos, G.P. 1974. The Design of Fisheries Statistical Surveys - Inland Waters. F A 0 Fisheries Technical Paper. No. 133, FIPS/T133. Food and Agricultural Organization of the United Nations, Rome, Italy. Blight, G., and Steffen, D., 1979. Geotechnics of Gold Mine Waste Disposal. Current Geotechnical Practice in Mine Waste Disposal, ASCE, pp. 1-52. Booth, D.T. (1985). The role of fourwing saltbush in mincd land reclamation: a viewpoint. J. Range Mange. 381562-565 Brawner, C., 1979. Design, Construction and Repair of Tailings Dams for Metal Mine Waste Disposal, Current Geotechnical Practice in Mine Waste Disposal, ASCE, pp. 53-87. Britton, L.J. and P.E. Greeson (eds). 1987. Methods for Collection and Analysis of Aquatic Biological and Microbiological Samples, Techniques of Water-Resources Investigations, Book 5, Chapter A4. US Geological Survey, Denver, Colorado. Bromwell, L., and Raden, D., 1979. Disposal of Phosphate Mining Wastes. Current Geotechnical Practice in Mine Waste Disposal, ASCE, pp. 88-1 12.


409

I I _

Brown, D., and Hallman, R.G. 1984. Reclaiming disturbed lands. USDA For. Serv., Missoula, MT. 91 pp. Busch, R., Backer, R. Atkins, L., and Kealy, C., 1975. Physical Property Data on Fine Coal Refuse, U.S. Bureau of Mines, RI 8062. Coastech Research Inc. (1989) "Investigation of Prediction Techniques for Acid Mine Drainage", study conducted for CANMET, Energy Mines and Resources Canada, DSS File No. 3028.23440-7-9178. Crofts, K.A., C.E. Semmer, and C.R. Parken. 1987. Plant succession responses to topsoil thickness and soil horizons. pp. K3-1 to K-3-12 In: Billings Symposium on Surface Mining and Reclamation in the Great Plains and Fourth Annual Meeting, American Society of Surface Mining and Reclamation. Billings, MT. Darcy, Henri, 1856. "Les fontaines publiques de la Ville de Dijon," Dalmont, Paris. Davis, S.N., Campbell, D.J., Bentley, H.W., and Flynn, T.J., 1985. Ground Water Tracers, report prepared by the Department of Hydrology and Water Resources, University of Arizona, Robert S. Kerr Environmental Research Laboratory, Ada, Oklahoma, 200 pp. Driscoll, Fletcher G., 1990. Groundwater and Wells, Second Edition, Johnson Division, UOP, Saint Paul, Minnesota, 1098 pp. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Dept. of the Army, Waterways Experiment Station, Vicksburg, Miss. Everett, R.L. 1980. Use of containerized shrubs for revegetating arid roadcuts. Reclam. Review 3:33-40 Everhart, W.H. and W.D. Youngs. 1981. Principles of Fishery Science. 2nd ed. Cornell University Press, Ithaca, New York. Freeze, R.A., and Cherry. J.A.. 1979. Groundwater, Prentice-Hall, Lnc, Englewood Cliffs, New Jersey, 6 0 3 PP. Gecy, L. and A. Crabtree. 1993. Wetland issues and their implications for mining operations. Paper presented at the 9th Annual Mining Annual Mining and Geothermal Institute, Reno, Nevada. March, 1993. Resource Management International, Inc. Sacramento, Ca. Glass, S. 1989. The role of soil seed bands in restoration and management. Restoration and Manage. Notes 7:24-29. Grant, C.V., and J.W. Monarch. 1989. Wildlife enhancement on disturbed land: a case study. pp. 144-147 In: P.R. Davis et a]. (Eds.). Symp. Proc. IV, Issues and Technology in the Manage. of Impacted Wildl. Thorne Ecol. Inst., Boulder, CO. Greenberg, A.E., L.S. Clesceri, and A.D. Eaton (eds). 1992. Standard Methods for the Examination of Water and Wastewater, 18th ed. American Public Health Association, American Water Works Association and the Water Environment Federation. Guerra, F., 1973. Characteristics of Tailings From a Soils Engineer's Viewpoint. Proc. 1st int. Tailings Symposium, Aplin, C. and Argall, G. (eds.) Miller Freeman, San Francisco, pp. 102-137. Guerra, F., 1979. Controlling the Phreatic Surface. Proc. 2nd Int. Tailings Symposium,. Argall, G. (ed.), Miller Freeman, San Francisco, pp. 192-326.

Hamilton, K. and E.P. Bergersen. 1984. Methods to Estimate Aquatic Habitat Variables. Cooperative Fishery Research Unit, Colorado State University, Ft. Collins, Colorado, and Bureau of Reclamation, Denver, Colorado. Hem, J. D., 1992, Study and Interpretation of the Chemical Characteristics of Natural Water, 3rd edition: U.S.G.S. Water Supply Paper 2254. Hem, J.D., 1985. Study and Interpretation of the Chemical Characteristics of Natural Water, United States Geological Survey Water Supply Paper 2254, Third Edition, 263 pp. Hoek, E. and Bray, J. 1981. Rock Slope Engineering, revised 3rd Edition, The Institution of Mining and Metallurgy, London. Holechek, J.L. 1981. Initial establishment of four species on a mine spoils. J. Range Manage. 34:76-77. Horowitz, A. J., Demas, C. R., Fitzgerald, K.K., Miller, T.L., and Rickert, D.A., 1994, U.S. Geological Survey protocol for the collection and processing of surface-water samples for the subsequent determination of inorganic constituents in filtered water: U.S. Geol. Survey Open File Report 94-539. Hunt, R.E., 1984. Geotechnical Engineering Investigation Manual. McGraw-Hill Book Company. Kealy, C. and Busch, R., 1971. Determining Seepage Characteristics of Mill-Tailings Dams by the FiniteElement Method. U S . Bureau of Mines, RI 7477. Kealy, C., Busch, R., and McDonald, M., 1974. SeepageEnvironmental Analysis of the Slime Zone of a Tailings Pond. U.S. Bureau of Mines. RI 7477. Klemm, D.J., P.A. Lewis, F. Fulk and J.M. Lazorchak. 1990. Macroinvertebrate Field and Laboratory Melhods for Evaluating the Biological Integrity of Suxface Wuters. US Environmental Protcction Agency, EPA/600/4-90l030, Cincinnati, Ohio Klohn, E. 1979a. Taconite Tailings Disposal Practices. Current Geotechnical Practice in Mine Waste Disposal, ASCE, pp. 202-241. Klohn, E., and Maartman, C., 1973. Construction of Sound Tailings Dams by Cycloning and Spigotting. Proc. 1st Int. Symposium, Aplin. C., an Argall, G. (eds.). Miller Freeman, San Francisco, pp. 232-267. Koerner, Robert M., 1986. Designing with Geosynthetics. Prcntice-Hall. Lind, O.T. 1979. Handbook of Common Methods in Limnology. 2nd. ed. C.V. Mosby, St. Louis, Missouri. Lowe, J. and P.F. Zaccheo, 1991. Subsurface Exploration and Sampling, Chapter 1 in: Foundation Engineering Handbook, H.- Y. Fang (Ed.), 2nd Edition, Van Nostrand Reinhold, pp 1-71. Mabes, Deborah L., and Roy E. Williams, 1977. Physical Properties of Pb-Zn Mine Process Wastes. In: Proceedings of the Conference on Geotechnical Practice For Disposal of Solid Waste Materials, Specialty Conference of the Geotechnical Engineering Division ASCE, Ann Arbor, Michigan, June 13-15, 1977. p. 103117. Mahler, D. 1990. Large scale use of wild harvested local seed. pp. 7-10 In: W.R. Keammerer and J. Todd (Eds.). Proc. High Altitude Revegetation workshop No. 9. Fort Collins, CO.

410

CHAPTER 7

May, M. 1975. Moisture relationships and treatments i n revegetating strip mines in the arid West. J. Range Manage. 28:334-335. Mazor, E., 1991. Applied Chemical and Isotopic Groundwater Hydrology, Halstead Press (John Wiley and Son), New York, 274 pp. McAdoo, J.K., G.A. Acordagoitia, and C.R. Aarstad. 1989. Reducing impacts of hard-rock mining on wildlife in northern Nevada. p. 95-97 In: P.R. Davis et al. (Eds.) Symp. Proc. IV, Issues and Technology on the Manage. of Impacted Wildlife. Throne Ecol. Inst., Boulder, CO. McAdoo, J.K., G.A. Acordagoitia, and J.C. Carlson. 1990. Reclamation of exploration roads and mine-sites i n Northern Nevada. pp. 204-213 In: W.R. Keammerer, and J. Todd (Eds.). Proc. High Altitude Revegetation Workshop No. 9. Fort Collins, CO. McGuire, J.R. 1977. "There's More to Reclamation than Planting Trees". American Forests Magazine. July, 1977. McIntosh, E. (1963) "The Concise Oxford Dictionary of Current English", Clarendon Press, Oxford, U.K., pp. 1566. McKee, B., Robinson, K., and Urlich. C., 1979. Upstream Design for Extension of an Abandoned Tailings Pond. Proc. Second Int. Symposium, Argall, G. (ed.), Miller Freeman, San Francisco, pp. 210-233. McKell, C.M. 1975. Achieving effective revegetation of disposed processed oil shale: a program emphasizing natural methods in an arid environment. Utah Agric. Exp. Sta., Inst. Land Rehabilitation Ser. 17 pp. Mittal, H. and Hardy, R., 1977. Geotechnical Aspects of a Tar Sand Tailings Dyke. Proc. Conf. on Geotechnical Practice for Disposal of Solid Waste Materials, ASCE, University of Michigan, pp. 327-347. Mittal, H. and Morgenstern, N., 1975. Parameters for the Design of Tailings Dams. Canadian Geotechnical Journal, Vol. 12, pp. 235-261. Mittal, H. and Morgenstern, N., 1976. Seepage Control i n Tailings Dams. Canadian Geotechnical Journal, Vol. 1 3 , pp. 277- 293. Mittal, H. and Morgenstern. N., 1977. Design and Performance in Tailings Dams. Proc. Conf. o n Geotechnical Practice for Disposal of Solid Waste Materials, ASCE, University of Michigan, pp. 475-492. Monsen. S.B. 1989. Selecting plants adapted to mine disturbances in the semi-arid Intermountain West. (Paper presented at Reclamation Shortcourse, Univ. Nevada Reno). USDA Forest Service, Provo, UT. Mosen, S.D., and D.R. Christensen. 1975. Woody plants for rehabilitating rangelands in the Intermountain Region. pp. 72 -119 In: Symp. and Workshop Proc. o n Wildland Shrubs. Provo, UT. Nawrot, J.R., D.B. Warburton. and V.P. Wiram. 1987. Wetland reclamation for the AMAX Ayrshire slurry impoundment. Coal Mining. May, 1987. Nelson, J., Shepherd, T., and Charlie, W., 1977. Parameters Affecting Stability of Tailings Dams. Proc. Conf. on Geotechnical Practice for Disposal of Solid Waste Materials, ASCE, University of Michigan, pp. 444-460. Nielsen, L.A. and D.L. Johnson (eds). 1983. Fisheries Techniques. American Fisheries Society, Bethesda,

Maryland. Ogle, P.R., and E.f., Redente. 1988. Plant succession o n surface mined lands in the West, Rangelands 10:37-42. Parmenter, R.R., J.A. MacMahon, M.E. Waaland, M.M. Stuebe. P. Landres, and C.M. Crisafulli. 1985. Reclamation of surface coal mines in western Wyoming for wildlife habitat: a preliminary analysis. Reclam. and Reveg. Res. 4:93-115. Parrish, B. 1989. Wildlife impact mitigation and reclamation in open pit, cyanide heap leach gold mining. ppp. 103-106 In: P.R. Davis et al. (Eds.). Symp. Proc. IV, Issues and Technology in the Manage. of Impact Wildl. Thorne Ecol. Inst., Boulder, CO. Pettibone, JH. and Kealy, C., 1971. Engineering Properties of Mine Tailings. Journ. Soil Mech. and Fdn. Div., ASCE, Vol. 97, SM9, pp. 1207-1225. Phillips, R.L., D.E. Biggins, and A.B. Hoag. 1986. Coal surface mining and selected wildlife - a 10-year case study near Decker, Montana. pp. 235-245 In: R.D. Comer. et al. (Eds.). Symp. Proc. 11, Issues and Technology in the Management of Impacted Wildlife. Thorne Ecol. Inst., Boulder, CO. Platts, W.S.. C. Armour, G.D. Booth, M. Bryant, J.L. Bufford, P. Culpin, S . Jensen, G.W. Lienkaemper, G.W. Minshall, S.B. Monsen, R.L. Nelson, J.R. Sedell and J.S. Tuhy. 1987. Methods for Evaluating Riparian Habitats with Applications to Management. General Technical Report INT-221, USDA Forest Service, Intermountain Research Station, Ogden, Utah. Plummer, A.P., Christiensen, D.R., and S.B. Monsen. 1968. Restoring big-game range in Utah. Publ. no. 68-3. Utah Div. Fish and Game. 183. pp. Proctor, B.R., R.W. Thompson, J.E. Bunin, K.W. Fucik, G.R. Tamm, and E.G. Wolf. 1983. Practices for protecting and enhancing fish and wildlife on coal mined land in the Uinta-southwestern Utah Region. USDl Fish and Wildl. Serv. FWS/OBS - 82-56. 250 pp. Quayle, C.L. 1986. Wildlife utilization of revegetated surfaces- mine land at a coal mine in northeastern Wyoming. pp. 141-151 In; R.D. Comer et al. (Eds.). Symp. Proc. 11, Issues and Technology in the Management of Impacted Wildl. Thorne Ecol. Inst., Boulder, CO. Ricciuti, E.R. 1991. Green go the corporations oh! Wildl. Conserv. 94(1):84-95. Richardson, B.Z., and T.P. Trussell. 1980. Species diversity for wildlife as a consideration in revegetating mined areas. pp. 70 - 80 In: L.H. Stelter et al. (Tech. Coords.). Proc. Symp. Shrub Establishment on Disturbed Arid and Semi-arid Lands. Wyoming Game and Fish Dept., Laramie. Ricker, W.E. 1971. Methods for Assessment of Fish Production in Fresh Waters. IBP Handbook, No. 3. Blackwell Scientific Publications, Oxford, England. Ricker, W.E. 1975. Computation and Interpretation of Biological Statistics of Fish Populations. Bulletin of the Fisheries Research Board of Canada, No. 191, Ottawa, Ontario, Canada. Sandic, G.,1979. Tailings Dam for Zletovo Mine. Proc. 2nd Int. Tailing Symposium, Argall, G. (ed.), Miller Freeman, San Francisco, pp. 254-265.

ENVIRONMENTAL PERMITTING Schemnitz, Sanford D. (Ed.) 1980. Wildlife Management Techniques Manual. The Wildlife Society, Washington, D.C. 686 p. Science Advisory Board, "Reducing Risk: Setting Priorities and Strategy for Environmental Protection." U.S. EPA SAB-EC-90-021, September 1990. Smith, A. (1984) "Hydrogeochemical Aspects of Waste Embankment Design", Geotech. News, VoI. 2, No. 3 , pp. 26-28. Smith, A. (1989) "Some Implications of Characterization, acid generation and leachability test data to waste rock and spent ore disposal", Proc. Annual Meeting of Society of Mining Engineers, Las Vegas, Nevada, February 1989. Smith, A., Robertson, A., Barton-Bridges, J., and Hutchison, I.P.G., 1992, Prediction of acid generation potential, in Hutchison, I.P.G., and Ellison, R.D.. editors, Mine Waste Management: Lewis Publishers, p . 123 - 199. Sobek, A.A.. Schuller, W.A., Freeman, J.R. and Smith, R.M. (1978) "Field and Laboratory Methods Applicable to Overburden and Minesoils", United States Environmental Protection Agency, EPA 6OO/Z-78-054, 1978. Soderberg, R., and Busch, R., 1977. Design Guide for Metal and Nonmetal Tailings Disposal. U.S. Bureau of Mines, IC 8755. Soil Survey staff. 1975. Soil Taxonomy-a basic system of soil classification for making and interpreting soil surveys. Agricultural Handbook Number 436. Soil Conservation Service, U.S. Department of Agriculture, Washington, D.C. Soil Survey Staff. Soil survey Manual. Agriculture Handbook Number 18. Soil Conservation Service, U.S. Department of Agriculture, Washington, D.C. Somogyi, F., and Gray, D., 1977. Engineering Properties Affecting Disposal of Red Muds. Professional Conference on Geotechnical Practice for Disposal of Solid Waste Materials, ASCE, University of Michigan, pp. 1-22. Steele, B.B., and C.V. Grant. 1981. Topographic diversity and islands of natural vegetation: aids in re-establishing bird and mammal communities on reclaimed mines.

411

Reclam. and Reveg. Res. 1; 367. 381. Stoecker, R., R. Thompson, and R. Comer. 1986. An evaluation of wildlife mitigation practices on reclaimed lands at four western surface coal mines, pp. 152-168 In: R.D. Comer et al. (Eds.). Symp. Proc. 11, Issues and Technology in the Management of Impacted Wildlife. Thorne Ecol. Inst., Boulder, CO. Theil, M.A. 1988. Reclamation planning in the Independence Range. Symp. Proc. Agric. in Mining: Reclamation in Hard Rock Mines. Elko, NV. USEPA, 1983, Methods for chemical analysis of water and wastes; U.S. Environmental Protection Agency, EPA-600/4-79-020, Washington, D.C. Vick, S., 1977. Rehabilitation of a Gypsum Tailings Embankment. Proc. Conf. on Geotechnical Practice for Disposal of Solid Waste Materials, ASCE, University of Michigan, pp, 697-714. Vick, Steven G.. 1983. Planning, Design and Analysis o f Tailings Dams. John Wiley 62 Sons. Volpe, R. L., 1979. Physical and Engineering Properties of Copper Tailings. In: Current Geotechnical Practice in Mine Waste Disposal. ASCE, pp. 242. Volpe, R.. 1975. Geotechnical Engineering Aspects of Copper Tailings Dams. ASCE, Preprint 2629, pp. 1-30. Wahler, W.A. and Assoc., 1973. Analysis of Coal Refuse Dam Failure, Middle Fork Buffalo Creek, Saunders, West Virginia. U.S. Bureau of Mines OFRlO(1)-73. Wahler, W.A. and Assoc., 1974. Evaluation of Mill Tailings Disposal Practices and Potential Dam Stability Problems in Southwestern United States. U.S. Bureau of Mines, OFR50( 1)-75-OFR50(5)-75. Walton, W.C., 1970. Groundwater Resource Evaluation, McGraw Hill Book Company, New York, 664 pp. Williams, R. Dean and Gerald F. Schuman, 1987. Reclaiming Mine Soils and Overburden in the Western United States, Analytical Parameters and Procedures; Soil Conservation Society of America, Ankeny, Iowa. 336 pp. Wimpey Laboratories Ltd., 1972. Review of Research o n Properties of Spoil Tp Material, National Coal Board, Hayes, Middlesex.

Chapter 8

SYSTEMS DESIGN FOR SITE SPECIFIC ENVIRONMENTAL PROTECTION edited by D. J. A. Van Zyl and J. N. Johnson

8.1 INTRODUCTION by D. J. A Van Zyl In modem mining operations, large volumes of tailings, waste rock, and heap leach ore are produced. The disposal and containment of these materials to provide sitespecific environmental protection is a primary consideration during design and development of new mining projects as well as expansions of existing projects. In order to develop designs which are protective of the environment it is important to consider the complete system of site-specific environmental characteristics, waste material characteristics, and longterm land use objectives. Previous chapters in this handbook have provided information on specific technologies and environmental considerations which should be made part of a system design for site-specific environmental protection. This chapter describes the integration of these technologies, environmental considerations, as well as specific design issues developed in this chapter. The major thrust in developing such integrated designs is to use site-specific information and to consider the protection of human health and the environment. The central theme of such designs should be designing for closure (Gadsby, 1990). Much attention has been paid in academic circles to the design process. While there are certain guidelines and approaches in developing a site-specific design, it finally becomes a very individual endeavor. The next section of this chapter explores the design process and how it is applied to a specific facility to provide environmental protection All mine waste disposal facilities are constructed with or on geological materials. Geotechnical considerations therefore play an important role in the development of protective designs. Section 8.3 provides a description of the geotechnical considerations required for mine development. Much has been learned over the last d-jcade in the design of liner systems for containment of liquids. The technology has progressed from empirical approaches to more sophisticated quantitative evaluations. At the same time, a number of new

synthetic materials have been i n t r c d u d in the marketplace. Section 8.4 provides an overview and discussion of liner system design and how it is applied in practice. Much attention was paid in the 1970s to the design of geotechnically stable tailings impoundments. Some of this was the direct result of failures which have occurred and the concerns expressed about large tailings impoundments near population centers. The design of such structures was formalized in terms of siting options, construction options and tailings degositiodmanagement options. The industry concentrated on documenting successful operations and expanding their application to other sites. The major effort in the 1980s with respect to tailings d q o s a l design has been the development of considerations for environmental protection. Containment systems, tailings management schemes, and tailings treatment were introduced and the ideas expanded to provide environmentally sound tailings disposal. Section 8 . 5 provides a review of the tailings characteristics and disposal design. It also provides consideration for the underground and marine disposal of mine tailings. Open pit mines result in the production of considerable volumes of waste rock. The terminology “waste rock“ is not universally accepted. In some states “waste“ could be taxed on a per tonnage basis as the statutes define ”waste” as referring to municipal waste and other trash. In the case of mining “waste rock“ purely implies those rock materials which may or may not be mineralized and which are uneconomical for further processing at the time of mining. In some cases, it is conceivable that because of increased commodity prices the “waste rock” could become ore. Therefore the often quoted expression “today’s waste is tomorrow‘s ore”. Alternative terminology which have been proposed include “barren rock”, “overburden” (often kept for the truly unmineralized materials), “rock”,and ”excess rock‘. The terminology used in this chapter will be “waste rock” acknowledging the sensitivities which are associated with such usage. Section 8.6 provides a discussion on waste rock

412


disposal design. While waste rock disposal may be a simple matter in many environments because of low environmental sensitivity as well as topographical and other site features, it can also be a very complex problem at other mines. Waste dumps as h g h as 1000 meters are now being considered at some mines in high mountainous and high precipitation areas, these facilities obviously will require much attention in their design. Extraction of metals through heap leaching has received considerable attention over the last ten to fifteen years. Although the technology for the extraction of copper through heap/dump leaching has been known for hundreds of years much progress ha5 been made in applying the technology to gold and more efficient copper extraction over the last fifteen years. Containment of solutions and spent ore are important considerations in the development of heap leach facilities. These and other aspects are discussed in Section 8.7. The water budget, or balance, of a project determines water needs, containment needs, and very often treatment and disposal needs. The development of a credible water balance as well as diversion controls are the topics of Section 8.8. Because of the uncertainties associated with many of the parameters, including climatic considerations, probabilistic evaluations of water balances are becoming more generally applied to allow operators to make risk-based decisions. The best design can be rendered useless if there is poor construction quality control and quality assurance (QUQA). QC/QA for earthen construction have been very well developed and broadly practiced during this century. However, much has been learned over the last decade about QCfQA of geosynthetics. Section 8.9 provides a discussion of the QClQA approaches for earthworks construction as well as geosynthetic construction. A major consideration during QCfQA is the accurate documentation of activities and finally the preparation of a construction quality assurance or often referred to as an as-built or construction certification report. It is impossible to provide a comprehensive guidance document for the design of tailings, mine waste and heap leach facilities in one chapter. Due to the space limitations only highlights of the technologies and approaches can be provided. A large body of literature exist and the reader is encouraged to also consult parts of that, for example, Hutchison and Ellison (1Y92), ICOLD (1989), Koerner (1990), McCarter (1986), Smith ad Mudder (19921, Van Zyl, Hutchison and Kiel (1988) and Vick (1990).

8.2 THE DESIGN PROCESS by D. J. A. Van Zyl, Z. T. Bieniawski,

and M. Hames 8.2.1 INTRODUCTION

The design process followed for a specific site very much

413

depends on the site conditions, the designer's experience with similar site conditions and facilities, as well as the regulatory framework within which a design is developed. It is very possible that two designers will provide completely different designs for a specific site given the same set of criteria. In developing a site specific design it is often useful to divide the process into considerations of: Siting Design and operations Monitoring Closure Uncertainty remains throughout the design and construction of a facility because of the variable nature of geological materials. Design changes to the details of some elements are often necessary when site conditions are further exposed during construction. The design process is, therefore, not complete until the construction is complete. This section provides a discussion of the design process, reviewing not only its technological background and recent proposals for formalizing the design process, but it also provides a discussion of how a mine design would be implemented to construct a series of structures and facilities which will be protective of the environment. 8.2.2 DESIGN PHILOSOPHY

Through the years, many presumptions about design, right or wrong, have evolved. These presumptions form the historical basis for our view or understanding of design. Engineering design has been historically viewed as a form of art and not as a technical activity. It has been thought that design primarily involves creativity and intuition, which are the spontaneous skills of the designer. Therefore engineering design is spontaneous and experience dominated. Because creativity occurs in random "flashes" and is not always dependable, design is primarily based on handbook information, empiricism, and individual designer experience, i.e., rules-of-thumb. Through the years, concepts of systematic design have begun to emerge. An excellent historical background and discussion of the development of systematic design is provided by Pahl and Beitz (1984). The difficulty of tracing origins is realized, perhaps even dating back to the great designer, Leonardo da Vinci. Asimow (1962) has contributed an excellent reference text on design. The text begins with a discussion on the philosophy of design, stating that the principles which lead to design are based on ones own experience. Choices of principles will inevitably vary from person to person, therefore only one philosophy of design will not exist. Thc decision-making aspect of design is considered

414

CHAPTER

8

very important. Incorporating a Bayesian statistical approach, that is the belief that subjectiveness or intuitive judgements should be introduced directly into one's analysis, Asimow has developed a theory of critical decision-makingin design. Design methodology is the collection of procedures and techniques that the designer can use in applying design principles to design. A significant contribution in this respect was made by Pahl and Beitz (1984) in Germany which eventually led to the publication of the standards for engineering design by the Verein Deutscher Ingenieure (Association of German Professional Engineers). Most recently, working independently, major contributions were made to design theory by Suh (1990) and by Yoshikawa (1988). They developed an axiomatic approach to engineering design, identifying design axioms which constitute the basic principles for analysis and decision-making, and help the creative process of the design activity. Without them, design would be a mysterious creative process but with their contributions, it can be considered a rational and systematic activity. The Yoshikawa-Suh contribution is an important one because they were the first to suggest analytical tools for evaluation of the synthesized ideas so as to enable the selection of only good ideas and offer a basis for comparing alternative designs. Yoshikawa (1988) defined design as a "mapping" from a functional space (specifications of objectives) to an attributive space (properties of the solution). He proposed a number of axioms and theorems relating the functional and attributive spaces. Suh (1990) crystallized these ideas by proposing just two principles of design, each pertinent to its own domain (i.e., space). In the functional domain, we must satisfy the objective of design by asking "what do we want to achieve?" In the physical domain, we must provide the solution of design by answering to "how do we want to achieve it. Interlinking these two domains is the design process. In the fields involving geologic media such as mining and tunneling, very little attention has been paid to design methodology. There is only one book on record specifically introducing this subject (Bieniawski, 1984). Suh's work paved the way for proposing further design principles as well as incorporating them in a specific design methodology for rock engineering.

8.2.3 PRINCIPLES OF DESIGN

1.

Independence Principle: There exists a minimum set of independent functional requirements that completely characterize the design objectives for a specific need.

2. Minimum Uncertainty Principle: The best design is one which poses the least uncertainty concerning geologic conditions. 3. Simplicity Principle: The complexity of any design solution can be minimized by creating the fewest number of design components forming a part of the design solution and corresponding to the appropriate functional requirement. In this way, the design objectives are uniquely satisfied in terms of the problem definition. 4.

State-of-the-Art Principle: The best design maximizes the technology transfer of the stateof-the-art research findings.

5.

Optimization Principle: The best design is the optimal design which is evolved from quantitative evaluation of alternative designs based on the optimization theory, including cost effectiveness considerations.

6 . Constructibility Principle: The best design facilitates the most efficient construction of the structure by enabling the most appropriate construction method and sequence, and a fair construction contract. A comprehensive design methodology is not just a sequence of flow charts for step-by-step design. To be comprehensive, a design methodology must incorporate design principles which can be used to evaluate designs and to select the optimum one fulfilling the perceived objectives. A design methodology must indeed recommend an order of design stages but these must be so structured as to assist in effective decision making and promote design innovation in accordance with the design principles.

8.2.4 COMMUNICATIONS The design concepts and details have to be communicated effectively to: Regulatory agencies for their review and approval.

Using the approach advocated by Yoshikawa (1988) and by Suh (1990), six design axioms are proposed for geologic media as the principles for evaluating and optimizing alternative designs. The following six principles of design have &en proposed by Bieniawski (1990):

The public. Vendors, construction, and possibly operating contractors to insure that intentions and commitments are correctly interpreted and honored.

SYSTEMS DESIGN FOR SITE S P E C I F I C ENVIRONMENTAL PROTECTION

operating personnel so that safe practices are implemented. Legislative and political bodies so that technical progress can be reflected in the ruIes affecting mine development. This is accomplished during the engineering, procurement, contracts preparation and construction management activities through: Manuals, reports, plans and permit applications. Infomrion for public meetings and the media. Derailed drawings and strict specifications that emphasize good quality materials, equipment, workmanship and control.

Terms and conditions for purchase orders and construction contracts that address safe transportation methods, emergency procedures and contingency plans in case of accidental spillage and the control of laydown areas, working hours or other restrictions sucb as burning seasons. This Chapter provides extensive infomation on the technologies involved in developing an environmentally protective design. The remainder of this section concentrates on procurement, contracts preparation and administration and construction management. The successful completion of these tasks is necessary for the impIementation of an environmentally protective design. Procurement. While geologic materials form the bulk of the construction material for a site, specific equipment must be procured to complete the facilities. Equipment such as dust collectors and scrubbers that are used to protect air quality, for example, need to be properly specified, selected, installed, and tested and adjusted if they are to be effective. Purchase orders are the primary documents that communicate design needs to equipment suppliers and place the responsibility on vendors to meet specified performance requirements. Under the terns of purchase, the vendor warrants that the goods will be designed, manufactured, supplied and delivered in strict accordance with the stated performance specifications, operating conditions and equipment standards. Furthermore, the vendor has to guarantee the equipment will perform the service required and provide a suitable warranty. Although the owner, or his agent, normally checks the shipping documents and condition of the equipment when it is delivered, to make sure it is correct a d undamaged, the equipment is only deemed "accepted" when it is installed and operating. Beyond that, it is

415

covered by warranty for a period during which the vendor remains liable for the performance of the equipment and must take corrective action should it fail to perform the specified duty. The roIe of the owner's "engineer" is to prepare the performance specifications, evaluate bidders' proposals and technical capabilities, review the vendor's data and commission the equipment checking it performs according to expectations. However, generaI purchasing conditions often stipulate that any review of vendor's data, inspections, or witnessing of tests by the purchaser shall not relieve the vendors of responsibility to conform to the specifications and comply with the terms of the purchase order. In addition to this formal declaration of responsibility, vendors wishing to enjoy continuing business have a vested interest in their equipment meeting expectations in order to maintain credibility and trust. Contracts Preparation apld Administration. The documents that directly control all construction activities, including mitigation measures such as liner installation, are the contracts. Contracts link the design requirements to the commercial terms and schedules under which the work is undertaken. The scope of work states what has to be done, while the "how" is dictated by the drawings, technical specifications and the general conditions. Built into the text are clauses requiring contractors to comply with all governing reguIations, codes, standards and permits that cover protection of the environment as well as the quality of materials, equipment and workmanship inherent in the construction. In addition, the specid conditions address site-specific issues, for example the need to restrict the schedule, size and routing of vehicles accessing the P'OPflY,

Contracts also dictate the roles and responsibilities of the various parties including warranties and the terms of payment which stipulate who pays for what both when the scope is successfully executed and when acceptable work needs rectifying. Besides preparing and interpreting the technical information, engineers help select the contractors and usually oversee their work as construction managers and inspectors. However, the role of the owner's, or the regulators', "engineer" as inspector must be very carefully defined to avoid relieving contractors of their obligations to complete the work in strict accordance with the contract, or prevent unnecessary interference. Here Iies a moot point. If contractors are to be held solely accountable for their work and must correct defects at their own expense, then they deserve the right to control and care for its proper execution. This argues in favor of making the contractor responsible for his own quality control (QC) and restricting the design andor construction manager's engineers to providing quality verification (QA) through

416

CHAPTER

8

independent inspection and testing. This division of QC and QA responsibilities can be appropriate for manufactured materials, however, the division between QC and QA on earthworks is not always that clear and division of the tasks can lead to unnecessary costs and duplication of efforts. For the scenario described above, the contractor must provide the engineer with copies of his own inspection and test reports as well as access for independent verification. While the owner retains the right to halt the project until unsatisfactory work is rep& or replaced, the contractor can claim compensation for undue hindrance. In this case, no tests, inspections, or final acceptance relieve contractors of their obligations under the contract including their responsibility to correct defective work discovered during the warranty period that starts when the completion certificate is issued. The alternative that places the onus for quality control on the owner or the design engineer gives them more "power", but can create a nightmare in terms of adjucating fair payment in the event of unnecessary stoppage or interference to the efficiency of the contractor's workforce. Construction Management. The commitment to responsible development requires the early involvement of construction management personnel to help draft plans for: minimizing the impact of disturbances on site, developing suitable temporary services, transportation, procedures for handling hazardous materials and dealing with accidental spills, quality assurance/quality control and safety. In addition to controlling progress, budgets and compliance with the design requirements to make sure facilities are built according to plan and the performance standards are met, construction management entails: Sequencing activities that protect the environment during construction, for instance: installing silt fencing and/or sediment controls prior to disturbing an area, and the preparation of new wetlands sites ready to receive materials salvaged from existing wetlands affected by the construction.

QA inspection and supervision to enforce agreed QC measures such as testing requirements and dust control. Helping devise, then enforcing construction methods that minimize impacts such as techniques for building low impact roads to access isolated sites. Administering safety and environmental awareness programs that address items such as hunting regulations, restricted access and environmental

protection procedures. Making sure necessary spill control and cleanup materials are in place.

8.2.4.1 Safety and Contingency Plans It is often part of the design engineers' responsibility to compile an Operating Manual that explains how to safely operate the process, water and electrical systems, plus their associated equipment. In addition, the manual usually describes safe handling pmcdures for hazardous materials together with emergency first aid procedures in the event of exposure to dangerous chemicals. Spill prevention and control is another area that members of the design team, in cooperation with the contracts and construction management staff support, the owner's operators and agency personnel. Transportation guidelines that featurc in the conditions of equipment purchase and construction contracts provide a spill response plan that sets priorities on safeguarding life and property, notifying the correct authorities, containment and cleanup, and reporting spills. The guidelines also address route and vehicle safety including: right-of-way priorities, speed limits, vehicle type, size and weight restrictions, loads requiring pilot vehicles, and emergency response kits. In addition, engineers help develop the spill response strategy for operations, their contribution being focussed on spill prevention through appropriate design details as well as the control and cleanup procedures. Fire protection is an integral part of the site service and building designs. However, emergency evacuation procedures are normally the preserve the owner's safety staff and fire marshall.

8.2.4.2 Monitoring Engineers routinely assist the geoscientists, hydrologists and resource specialists in developing the monitoring programs that specify the frequency and nature of observations that must be taken. On the owner's behalf, they help identify the monitoring sites and constituents, then define the devices, access and procedures to take the measurements. For the regulators, they review the proposed plans for monitoring air and water quality, stability and waste rock characteristics for example. Engineers are also instrumental in planning and supervising the remedial action if the prescribed standards are not met.

8.2.4.3

Conclusion

How successful the engineering design requirements m in minimizing and controlling impacts depends not only on the skills and vigilance of the people concerned, but on factors including:


417

Whether the owner's and the regulator's technical staff are allowed to voice their input early enough in the planning phase to shape the project, and through such participation understand the overall objectives and variety of perspectiveness that need to be considered;

environmentally and economically defensible design for mine operations, closure and reclamation.

How well the requirements, commitments and decisions are communicated and implemented during detailed design, procurement, construction, commissioning and beyond; and,

The list below summarizes typical mine components that require geotechnical evaluations:

Whether the ultimate need to reclaim the site is incorporated into the initial development plans.

While good management can coordinate activities, true integration of effort and purpose by the various engineering disciplines, scientists and the environmental resource specialists can best be achieved through their joint participation in planning the project. Design engineers who are kept at arms length from the planning team remain largely ignorant of the environmental considerations inherent in a specific project and, lacking first-hand involvement, cannot contribute as effectively to their solution as they could if they better understood the ramifications of their designs. EnIisting their expertise at the planning stage, through brainstorming scssians, can help focus attention on the important issues, scope the areas and approprialc level of detailed design required lo support the permitting process. and avoid unnecessary rework.

8.3 GEOTECHNICAL CONSIDERATIONS by D. L. Bentel 8.3.1 INTRODUCTION

Freedom has eloquently becn described as "availability of

altcmatives." Environmental responsibilities and political involvement have effectively limited the availability of mine planning alternatives to the degree that even a minor oversight regarding location and design of an operational component could lead to environmental and economic disaster, and possible welldeserved bondage. For this reason, logic dictates that it is no longer merely desirable or economically astute, but critically essential, to determine specific engineering characteristics of rock and soil environments, before finalizing mine component locational and operational decisions. This section discusses typical components requiring geotechnical evaluation, geotechnical site selection considerations, and philosophies appropriate to planning and implementation of preliminary and specific geotechnical data collection, which will allow

8.3.2 COMPONENTS REQUIRING GEOTECHNICAL EVALUATION

Open pits Underground shafts, adits, stops and chambers Plant processing facilities such as thickeners, crushers, mills, vats, conveyors, pipelines, etc. Haul and access roads Stormwater diversion and control facilities Heap leach facilities Overburden disposal facilities Tailings disposal facilities Ore and growth medium stockpiles Process fluid reticulation and storage facilities Solid waste disposal facilities Administrativc, storage and maintenance structures Sediment settling facilities Fluid evaporation facilities Borrow pits

8.3.3 GEOTECHNICAL SITE SELECTION It is important in any site selection process to investigate the project components holistically, and nnl only as individual facilities, as the only absolutely timed component of a mine is the ore body. To achieve the aid of economic and environmental stability, and an optimum facilities layout, all potential components must be considered at the site selection stage. From a geotechnical point-of-view. to achieve componenthite compatibility, certain site-specific properties must be considered. The degree to which a specific lncalion satisfies the realistic geotechnical requirements, will provide the operator with essential information regarding design and operating feasibility, and additional site-specific requirements necessary to satisfy environmental responsibilities. Relevant geotechnical site selection considerations for each of the listed components are discussed in the tables on pages 418-419.

8.3.4 PRELIMINARY EVALUATION OF SITE SUITABILITY Prior to embarking on a program of detailed field work and laboratory analysis, it is economically judicious to carry out a preliminary evaluation of the overall site to determine the potential for site-specific. geotechnically

418

CHAPTER

8

Component

Relevant Geotechnlcal Considerations

Open Pits

Pit slopes stability during operations, post-mining and to suit reclamation requirements Overburden and ore engineering characteristics with regard to excavation, blasting, recovery and transportability Post-mining, pit invert and sidewall permeability characteristics with regard to pit hydrological and hydrogeological evaluations.

Underground Shafts, Adits, Stopes and Chambers

Engineering characteristics and mechanics of host rock to determine stability and hydrogeological properties and operational requirements, and methods of overburden and ore recovery.

Plant Processing Facilities

Foundation suitability with respect to settlement, heave, collapse, vibration, fluid containment and bearing capacity.

Haul and Access Roads

Cut and fill slope stability requirements. Trafficability with regard to foundation and surface requirement. Erodibility with regard to erosion and sediment control requirements. Source and suitability of road construction material. Reclamation requirements and techniques including stability and revegetation.

Stormwater Diversion and Control Facilities

Ditch and berm stability requirements with respect to sideslope determination. Ditch and berm scour resistance with respect to hydraulic design and scour protection. Foundation characteristics for energy dissipation structures.

Heap Leach Facilities

Engineering characteristics of ore with regard to fluids infiltration, retention and through flow: methods of ore placement; operational and postreclamation settlement and mass stability; surface stability; volume occupation; sediment generation; weathering and decomposition and reclamation requirements. Engineering characteristics of near surface foundation geology with regard to permeability, bearing capacity, stability, liquefaction potential, collapse potential, heave, gradability, suitability for base construction, suitability for liner or subliner construction. Engineering characteristics of deeper geology with regard to vertical and horizontal permeability, preferential flow paths, depth to groundwater, groundwater recharge potential, and attenuation potential.

Overburden Disposal Facilities

Engineering characteristics of overburden with regard to fluids infiltration, retention, and through flow; methods of placement; operational and postreclamation settlement and mass stability; liquefaction potential; volume occupational sediment generation; surface stability; weathering and decomposition potential and reclamation requirements. Engineering characteristics of near surface foundation geology with regard to permeability, bearing capacity, stability, collapse potential and liquefaction potential.


Component

419

Relevant Geotechnieal Conslderatlons ~~~

~

~~~

Tailings Disposal Facilities

~~~

~~~

~

Engineering characteristics of tailings with regard to permeability, consolidation, strength, mass stability requirements, settling velocity, liquefaction potential, methods of deposition, methods of embankment phased lift construction, seepage evaluation and control, methods ot drainage, methods of free water dissipation, closure and redamation requirements. Engineering characteristics or near surface foundation geology with regard to permeability, strength, bearing capacity, collapse potential, liquefaction potential, gradability suitability for embankment construction, suitability for liner or subliner construction, seepage evaluation and control. Engineering characteristics of deeper geology with regard to vertical and horizontal permeability, seepage flow paths, depth to groundwater, groundwater recharge potential, attenuation potential, closure and reclamation requirements.

Ore and Growth Medium Stockpiles

Engineering characteristics of stockpile and foundation material with regard to mass stability, methods of placement, sediment generation and remobilization.

Process Fluid Reticulationand Storage Facilities

Engineering characteristics of near surface and deeper foundation geology with respect to gradability, embankment construction suitability, excavatability, suitability for liner of subliner construction, seepage evaluation and control, leak detection requirements, groundwater depth, groundwater recharge potential, attenuation potential, closure and reclamation requirements.

Solid Waste Disposal

Engineering characteristics of near surface and deeper foundation ecology with regard to gradability, liner construction requirements, daily or weekly cover construction, trafficability, seepage evaluation and control and final capping and reclamation.

Administrative, Storage and Maintenance Structures

Foundation suitability with respect to bering capacity, settlement, heave, collapse, vibration, etc.

Sediment Settling Facilities

Engineering characteristics of the sediment with respect to settling velocity, settling time, basin sizing, volume occupation and solids removal methodology and scheduling. Engineering characteristics of the foundation material with respect to excavatability, embankment stability, cut slope stability, permeability and seepage, scour resistance and protection requirements.

Fluid Evaporation Facilities

Engineering characteristics of the near surface and deeper geology with regard to gradability, embankment construction suitability, suitability for liner or subliner construction, seepage evaluation and control, leak detection requirements, groundwater depth, groundwater recharge potential, attenuation potential, closure and reclamation requirements

Borrow Pits

Engineering characteristics of t h e near surface geology with respect to excavatability, trafficability, quantity and quality of borrow material, cut slope stability, relative overburden quantity and quality, and reclamation reauirements

420

CHAPTER

8

influenced environmental flaws, and then design a preferred preliminary component layout based upon these findings (see also Chapter 9 for "Fatal Flaw Assessments"). Alternative feasible layouts should also be identified. Subsequent detailed field work and investigation procedures, to provide site-specific quantitative data and verify or disprove previously identified potential flaws, can then be defensibly minimized, and cost effectively scheduled. Listed below are examples of data gathering, records research that should be carried out during preliminary evaluation: Topographical features from USGS or any other available topographical mapping Local geology and hydrogeological indications from exploratory work already performed Regional geology and hydrogeology published state, federal or private sources

from

Federal and state guidelines for operation closure and reclamation of mine facilities Plans of Operations, Closure and Reclamation Plans, and any other environmental or operational data pertaining to either neighboring operations, or similar operations with similar topographical, geological, hydrogeological, climatological or geotechnical conditions Informal discussions with locally available technical and non-technical experts, e.g. consultants, State Mining Associations, local farmers, etc. Site surface reconnaissance to provide an indication of surface geology and vegetation, validate topographical features recorded, i .e., springs, perennial streams, valley site, obtain a clear understanding of available access for subsequent field work, obtain an indication of neighboring and downgradient surface and ground water resources, and in general obtain familiarity with the site, which is often lacking at the planning stage. The above data, together with envisioned operational tonnages and volumes, etc., should then be used to create a preferred facilities location layout, and alternative feasible layouts. Each component layout should indicate envisioned post-mining and post-reclamation disturbance. In environmentaljargon, this exercise should be seen as a pre-design phase I, geotechnical audit to help routinely identify potential environmental concerns and

define the scope extent of phase I1 soil, rock and groundwater characterization required.

8.3.5 SPECIFIC DETERMINATION OF SITE SUITABILITY Having completed the preliminary evaluation of the site and selected preferred and, where applicable, alternative feasible comparent locations, a site-specific evaluation of pertinent geotechnical data can be planned and implemented. The intensity of field investigation and laboratory analysis should be directly proportional to the degree of uncertainty regarding site-specific geotechnical data, the nature and number of site-specific environmental concerns, the number of feasible alternative component locations identified, and the degree of variation in overall geologic uniformity. As the data gleaned from geotechnical field work and analysis can be prone to subjective evaluation, and the need for additional investigation and analysis both costly and time consuming, it is best to characterize the data types required, and design an appropriate work plan which will satisfy all data requirements. Suggested data type characterizations are summarized below:

Dara Required f o r Standard Engineering Design - This data typically included engineering characteristics, degree of uniformity, depth and aerial extent of surface, foundation and borrow source material which will allow the defensible performance of design for structure foundations, embankments, roads, cuttings, slopes, erosion and other standard engineered facilities associated with operational safety, resource determination and maintenance minimization. Also included under this data type, but not usually determinable during the field investigation stages of a project are exact engineering characteristics of mining overburden, ore and process solid waste such as tailings. This data should be realistically approximated from pertinent published data sets from similar operations. An appropriately conservative approximation of these data should be applied to avoid regulatory appeal against data used, as well as to insure that design integrity is met. Assumptions should be verified as soon as representative samples of relevant material can be analyzed, and any necessary modifications incorporated in the design. Conservative assumptions may result in beneficial modifications, whereas optimistic assumptions may necessitate costly changes to design and operation. Data Required for "Environmental"Engineering Design This data typically includes the characteristics of the surface and subsurface geology which govern the relationship between process fluids contained at surface, and the groundwater system beneath the site. For many


mining operations, zero discharge conditions are required, meaning no discharge of process related solution into site surface or groundwater systems. Whereas containment sizing and stormwater diversion amy be effectively used to achieve zero discharge to surface water systems, it is very difficult, if not impossible to totally eliminate seepage. To comply with environmental requirements, it is therefore necessary to define the degree of geologic and/or hydrogeologic containment applicable, and the degree to which this containment potential requires artificial reinforcement to ensure significant environmental impact to the groundwater system. The terms "significant" or "insignificant" may be subjectively used, and not necessarily quantitatively defined, and subject to negotiation with regulatory agencies.

For instance, if no groundwater exists, or the depth to groundwater is great, quantification of an impact may have little meaning. Conversely, if the potential for adverse impact seems high, identification and analysis of hydrogeological pathways, and hydrogeochemical reactions such as dispersion, attenuation decay or dilution of constituents contained in process solution, may be essential to realistically quantify the impact. The environmental engineering data required should thus be tailored to suit the potential for adverse environmental impact and project sensitivity, and the site-specific field work and analytical program designed to fully incorporate these needs.

8.3.6 DISCUSSION The "acceptance" of the absolute necessity for valid geotechnical data, and planning and implementation of an efficient data gathering and analytical program are critical to the concept of environmental sound mine planning, development, operation, closure and reclamation. As such, geotechnical evaluation should be rated as important as the ore reserve determination in the justification of the project feasibility, and not merely a necessary evil to satisfy regulatory curiosity, as has occurred in the past. This philosophy will likely increase initial project investigation costs, but allow defensible minimization of development, operational, closure and reclamation costs and long-term environmental liability, and maximize the acceptance and life of the mining industry.

8.4 LINER DESIGN PRINCIPLES AND PRACTICE by D. J. A. Van Zyl The major objective of a liner system is protection of human health and the environment. Liner systems are

421

provided to contain solutions which can contaminate the environment when released (as in the case of cyanided tailings), or have economic values which are important to the economics of the project (as in heap leach facility), or both (as in heap leach facilities).

8.4.1 DEFINITION OF LINER SYSTEM It is common to refer to a "heap leach pad liner" or "pregnant solution pond liner." While the main purpose of these "liners" is to contain solutions, their composition and construction may differ considerably. It is therefore incorrect to consider a low permeability member a "liner" because it has to interact closely with other elements of a complete liner system. A liner system consists of a prepared foundation, a combination of low permeability elements and possibly granular drainage layers, and a cover layer. Each of these elements plays an important role in determining the reliability of the liner system. A prepared foundation is required to provide a base for the placement of a low permeability element. If the foundation can result in large settlements as a result of heap loading then specific precautions may have to be taken. These precautions could consist of replacing the weak materials with structural fill or providing extra fill so that settlement can be tolerated without changing the drainage on top of the liner system or the containment abilities of the liner system. The low permeability elements are provided for containment. These elements can consist of natural clay materials, bentonite-amended materials, and geosynthetic materials (such as geomembranes). A liner system sometimes include drainage layers for leakage collection and removal. These layers can consist of natural drainage materials such as sands and gravels as well as synthetic materials such as geodrains. The combination of low permeability elements and drainage layers is what finally determines the reliability of the containment system. The next section will discuss this in detail. A cover layer is provided on top of the liner system for a number of reasons. In the case of a clay liner a cover layer is typically provided to protect the liner from evaporation and subsequent dessication (contraction and cracking due to a removal of moisture from the clay liner). In the case of geomembrane liners a cover is typically provided to prevent wind damage, ultraviolet light protection, and protection against dynamic loading such as heap construction. It must be noted that the cover layer could consist of liquids as is the case in ponds. In designing a liner system each of the components must be carefully evaluated to provide a reliable product which will provide containment under site-specific conditions. Because of the specific characteristics of certain materials, for example, the potential protection

offered by a geotextile to liner puncturing by granular materials, it is often suggested that such layers be included in a proposed liner system. Inclusion of such an element after completion of the system design, without a complete design re-evaluation, could result in serious consequences, such as instability of the overall structure, as the frictional resistance between a geomembrane and a geotextile is typically very low. It is therefore important that if one element of the liner system is changed that the performance of the total system be re-evaluated prior to accepting the change. 8.4.2 DEVELOPING RELIABLE LINERS

Two parameters determine the amount of leakage through a liner system: the hydraulic head on the liner and the permeability of the liner. By minimizing the head on the liner and minimizing the permeability a liner system can be developed that provides maximum containment. It is useful to consider liner performance on a qualitative or intuitive basis prior to presenting quantitative evaluations. The permeability, or hydraulic conductivity, of a clay liner is determined by the flow of liquid through the available pores in the constructed liner. The "permeability" of geomembranes is dependent on the inherent hydraulic conductivity of the material (which is very low as will be discussed in future sections) as well as the size and shape of holes and imperfections in the liner. Consider the case of a geomembrane, having a hole of say 10mm2,being suspended in the air and containing water. Water will freely flow through the hole in the membrane restricted only by the hydraulic resistance posed by the dimensions of the hole. If the same membrane is now placed on a gravel layer of high permeability, flow through the hole may not be restricted very much as the gravel will behave as an open porous medium similar to the free air. Next consider placing the membrane containing the hole, on a steel plate Savj providing perfect contact between the membrane and the plate. No flow will take place through the hole because of the low "permeability" of the steel plate. Finally, consider placing the geornembrane with the hole on top of a compacted clay having a low permeability. Furthermore, perfect contact is maintained between the geomembrane and the clay. Now the potential flow through the hole in the membrane is controlled by the head on the liner, the size of the hole and the permeability of the clay. This qualitative analysis shows that an optimum liner system for containment can be developed by placing a geomembrane in direct contact with a low Permeability soil layer to form a composite liner. By maintaining a low head on top of this composite liner, it is possible to reduce potential leakage through the liner to a minimum.

The term composite liner refers to a geornembrane liner in intimate contact with a low permeability soil liner. It is relatively easy to maintain a low head (in the order of 0.3 m to 1.5 m) on top of a liner for a heap leach pad. It is impossible to maintain a low head on a liner in the case of a tailings impoundment or process pond without inclusion of further liner elements. In the case of a tailings pond a high permeability granular drain can be placed on top of the liner to aIlow for drainage of the low permeability deposited tailings and therefore effectively providing a reduction of the head on the liner system. In the case of process ponds it is typical to place a drainage layer and another geomembrane on top of the bottom liner system. The top geomembrane liner as the first line of defense. Any leakage occurring through the top liner will be collected in the drainage layer and pumped out so that a low head is maintained on the bottom composite liner system. The drainage layer therefore performs as a leakage collection layer and functions to maintain a low head on the bottom liner. 8.4.3 TYPICAL LINER SYSTEMS

Pond Liners - Pond liners typically consist of two synthetic liners on top of a prepared base. A leak collection system is installed between the two synthetic liners so that any leakage through the top liner can be evacuated, thereby reducing the head on the lower liner. It is important to recognix that the amount of leakage through the top liner is never representative of the amount of leakage reporting to the environment. Figure 1 is a schematic of a typical pond liner system.

Sump Law Permeability Gaarncnbruno

Foundation

Figure 1 Pond liner schematic.

Pad Liner Systems - Many designs have been used for pad liner systems. Harper, Leach and Tape (1987) provide a summary of some liner system configurations. The major consideration is site conditions, including the location of groundwater with respect to the pad liner a d the materials available on site for pad construction. Other considerations are regulatory requirements and operator performance. A composite liner is appropriate for most pads. The saturated hydraulic conductivity of the soil component can be in the order of 1 ~ 1 0 to . ~ IxIO-' c d s e c , both values will limit leakage losses through the


liner system. Heap leach pads are seldom subjected to hydraulic heads in excess of 0.5m. A second liner and a leak collection system will not reduce the head on the bottom liner sufficiently under these low hydraulic heads to justify their expense. Figure 2 presents a schematic of a typical composite pad liner system. Parforattd Pipe (Optional)

Ceamembrane--/ Clay (0.75m rnin.)

423

Polyethylene) or LLDPE (Linear Low Density Polyethylene). The compacted soil is usually a silty or clayey soil with relatively low permeability and may be amended with powdered bentonite to further reduce permeability. The composite liner is often covered with a protective cover of sandy or gravelly soil which may also act as a drain layer for seepage from the overlying tailings. Figure 2 presents a schematic of this liner system. By intercepting and directing seepage into a collection system, the protective cover/drain layer reduces the potential hydraulic pressure on the composite liner, thereby minimizing the potential for seepage losses.

8.4.4 LINER MATERIALS 8.4.4.1 Liner Selection

Figure 2 Composite pad liner schematic.

A survey of geomembrane liner systems in the U.S. precious metal industry was conducted by Van Zyl (1990). This survey consisted of questionnaires sent to regulatory agencies, consulting engineers, and liner suppliers and installers. About 75 percent of the regulatory agencies and consulting engineers responded. The major conclusion from this survey is that many states prefer the use of double liners and often triple liners, but do not necessarily have set regulations or published requirements for such design. These liner designs often form part of the final permit stipulations. It must further be noted that a number of States indicate that they require the clay layer of the composite liner system to have a hydraulic conductivity of at least 1 x cdsec. Tailings Impoundment Liner System3 - Historically, tailings from flotation circuits have been deposited in unlined impoundments relying on the relatively benign nature of the tailings solids and liquids and the relatively low Permeability of the consolidated slimes to minimize potential groundwater impacts. However, lined impoundments are relatively common for tailings subjected to chemical leaching such as uranium, gold and silver. Regulatory requirements for liner systems range from geologic containment only, through single soil or synthetic liners to multilayer systems. The regulations tend to emphasize the site-specific nature of tailings impoundment design and the additional contribution to seepage reduction provided by the relatively low permeability of the consolidated tailings. Many tailings liner systems consist of a single soil or synthetic liner constructed on a prepared foundation and covered by a protective layer which may also function as a drain. For precious metal and uranium tailings the containment system may consist of a composite liner of compacted soil covered with a synthetic liner such as HDPE (High Density

The selection of a particular type of liner material depends upon the conditions under which the liner must function, as well as the solution that is being contained. In a heap leach operation, the leach pad liner and the liner in the solution storage ponds contain the same solution. However, the type of liner selected for the leach pad may be significantly different from the type of liner selected for the solution storage pond. The leach pad liner is subject to the overall stresses imposed by the heap, as well as local stresses imposed by equipment used in constructing the heap. The pond liner is subject to the stresses imposed by storage of solutions. These differences may require selection of different liner materials on a strength basis. For an expanding leach pad, the ore is placed on the liner and left there, such that the liner is exposed to the elements only during heap construction. At the edge of the heap, in collection ditches and in solution storage ponds, the liner is exposed to the elements on a continuous basis. This difference in exposure to the elements may dictate that a different material be used in ditches and ponds than beneath the heap. In comparing a leach solution storage pond with a typical wastewater storage pond, the selection of a liner may differ due to the nature of the ponded liquid, even though the conditions for loading, hydraulic driving heads, and exposure are the same. A leach solution storage pond for precious metal leaching contains a high pH cyanide solution, whereas a wastewater pond may contain solutions of low pH or with organic solvents, or solutions with chemistry that changes over time. The liner for a leach solution storage pond must function under a much narrower range of conditions than a wastewater pond, and therefore, the designer may have a different range of liner materials to select form. Based upon the factors and design elements outlined above, the liner for the particular component of the leach facility is selected. The materials to choose from primarily consist of geomembranes, soil liners, and

424

CHAPTER

8

amended soil liners. For geomembrane liners, considerations include the material type, bedding and cover materials, and methods of placement and seaming. For all soil and amended soil liners, considerations include material availability, soil composition, method of construction, and requirements for protection from weathering.

liner than a high plasticity clay. 50

-OW

i t g h 'lost city

PIGS? C ty

8.4.4.2 Clay Liners and Amended Soil Layers Soil liners (commonly referred to as clay liners) consist of selected materials placed in lifts and compacted to prescribed moisture content and density, producing a liner with a hydraulic conductivity below a predetermined design value. This maximum value depends on site conditions and regulatory requirements. The performance of the soil liner is highly dependent upon the composition or characteristics of the material, the method of construction, and the method of liner protection. Figure 3 illustrates grain size distributions of two soils: one a silty clay, the other a silty, clayey sand. In general, the higher percentage nf finc-grained particles in a material {especially clay-sized particles) the lower the material permeability. Therefore, the silty clay maybe a more desirable material than thc silty, clayey sand.

$rove1

Sand

Figure 4 Plasticity characteristics low and high.

The compaction behavior of soils is well described in a number of basic geotechnical engineering texts (such as Holtz and Kovacs, 1981). Laboratory compaction tests are used to investigate the compaction behavior of a specific soil. The most commonly used test is the standard Proctor test. Soil is compacted in a 4-inch (1OOm) diameter by 4 1/4-inch (10Smm) high mold using a drop hammer. The soil is compacted in three lifts of even thickness. using 25 blows per lift from a 10-lb hammer (4.5 kg) which is dropped freely through 14 inches ( about 500 mm) (ASTM Test Method D-598). The results are plotted as water content (weight of water to weight of dry soil, exprcssed as a percentage) versus dry unit weight. From the typical compaction curve shown in Figure 5, it can be seen that the dry unit weight first increases with an increase in moisture content. A maximum dry unit weight is reached at a moisture content designated as the optimum moisture content. after which the dry unit weight decreases. This behavior is typical of all soils except clean sands.

Silt or Cloy

Figure 3 Grain size distribution silty clay and clayey

sand. Figure 4 illustrates the plasticity characteristics of two soils: one a low plasticity clay, the nhcr a high plasticity clay (determined from the plasticity chart). In general, the higher the liquid limit and plasticity index of a material, the lower the permeability. Based upon the plasticity chart alone, the high plasticity clay may be more desirable than the low plasticity clay. Other factors, such as construction and protection from weathering, may have an impact on material selection. The high plasticity clay will be more difficult to work during construction than the low plasticity clay. Also, the high plasticity clay may have a higher potential of shrinkage (upon drying) than the low plasticity clay, and may require more careful protection from drying. A silty clay of low to medium plasticity is more suitable for a clay

I

" 3

12

.3

1C

1

I

15

16

I

'7

'8

19

Water Cortert (7.)

Figure 5 Compaction curve,

The values of maximum dry unit weight a d optimum moisture content are mostly dependent on the soil type and the compaction energy (e.g. weight of roller used). Other factors, such as type of compaction (e.g. sheepsfoot versus smooth steel drum) also play minor roles. The primary factors affecting compaction are summarized below:


Soil type - An increase in clay content increase the optimum moisture content and decreases the maximum dry unit weight. A silty clay has a much more peaked compaction curve than a high plasticity clay; therefore, a small change in moisturc content affects the dry unit weight significantly for silty clay; and, Compaction energy - An increase in compaction energy decreases the optimum moisture content and increase the maximum dry unit weight. There is a significant change in soil hydraulic conductivity with change in compaction water content, and therefore dry unit weight. Figure 6 shows a typical set of results obtained from laboratory testing. Other test results are documented in Holtz and Kovacs (1981), Day and Daniel (1984), and Mudell and Bailey (1984). The hydraulic conductivity reduces about two orders of magnitude with a relatively small increase in water content. The lowest hydraulic conductivity is reached when the compaction water content is slightly higher than the optimum water content. It is important that careful control of compaction water content and dry unit weight is required to ensure that a clay liner has a low hydraulic conductivity. I

I

12

13

ld

15

16

17

18

19

'Nater Content ( X )

Figure 6 Typical laboratory test results.

Thc clay mineralogy is obviously important in determining the permeability of a compacted clay liner. However, this cannot be changed in the field unless a clay amended soil liner is constructed. In general, montmorillonite clays have a lower hydraulic conductivity than kaolinite clays. Furthermore, a sodium montmorillonite is less permeable than a calcium montmorillonite. Failure of a clay liner occurs when the hydraulic conductivity increases considerably abovc the design value, either locally or over a larger area. A clay liner can fail due to a number of reasons. Three major causes of

425

clay liner failure are: Differential settlement of the foundation causing localized cracking of the clay liner. Drying out of the clay liner (desiccation) leadmg to the development of microcracks. Alteration of the liner permeability due to geochemical reactions between liner and leach solution. The first type of failure (differential settlement) can be eliminated by careful site preparation. Attention must be paid to proper compaction of the subsoil prior to pad placement. Clay is quite flexible and can resist some differential movement without cracking, especially when it is compacted wet of optimum. However, large movements or strains up to 0.3 percent may cause cracking (Caldwell et al., 1984). Dessication cracking of a clay liner can be minimized by keeping liner moisture content as close to the compacted moisture content as possible. If the time between liner construction and placement is short, the liner surface can be regularly sprayed with water to prevent drying. The best approach is to cover the clay liner with a layer of fine sand or tailings (if available) immediately after construction. This layer should be at least six inches thick, but may have to be ticker to prevent drying over a long period. Failure of a liner due to geochemical reactions is prevented by careful evaluation of the liner during design. Although this is of more concern for solution storage ponds the potential for geochemical reactions between the contained solution and liner (such as cation exchange) should be tested. This is generally done by attenuation tests or long-term permeability tests. Many soils do not satisfy the low permeability requirements for a liner but are sometimes close. For example, the site soil may be fine sandy silty with a hydraulic conductivity of 5x c d s e c when compacted at a water content slightly above optimum. Addition of a suitable clay may reduce the hydraulic conductivity to an acceptable level. A suitable clay may be found in a borrow source close to the site or may have to be imported over long distances (e.g. pure bentonite in powder form). Addition of clay helps to reduce the void space and permeability. However, the physicochemical interaction of the clay with the seeping water plays a more important role. Some expansion of the clay lattice occurs, thereby filling the voids more completely. The design approach for clay-amended soil liners is to find the percentage of clay required to reduce the hydraulic conductivity to an acceptable low value. Addition of clay will also change the compaction behavior of the soil. The laboratory testing program must, therefore, include compaction tests of each mixture, plus permeability tests at moisture contents slightly above the optimum.

426

CHAPTER

8

Compaction tests are required for two purpose: to obtain the compaction behavior of the soil for construction specifications; and, to obtain the moisture content and dry unit weight for permeability tests. The laboratory permeability test results are obtained from very well-controlled laboratory tests. A precise amount of clay can be evenly mixed with the soil, and the mixture can be allowed to cure at a specific moisture content prior to compaction. Such curing can be done i n a covered container to allow the moisture to come in close contact with the clay particles. It allows for complete expansion of the clay at the specific moisture content. In the field, it is difficult to get an even mix of clay and in situ soil unless specific mixing equipment is used. It is also difficult to obtain complete curing of the clay because of evaporation and time constraints on construction. The biggest variable in the field is soil type. Soils that require the addition of clay to reduce permeability are typically transported soils (such as alluvial and fluvioglacial deposits). Due to the nature of deposition, these transported soils are variable. This variability must be considered during laboratory testing and construction. A mixture of the site soil can be used, if sufficient mixing will occur during site preparation, or the coarsest soil can be used to obtain an upper bound clay requirement. Construction of a clay-amended soil liner requires careful control of The amount of clay mixed with the in situ soil. The mixing procedure. The construction moisture content. The compacted dry unit weight. Two options are available for adding and mixing the clay with the in situ soil. The first is to spread a selected thickness of clay in a layer of in silu soil and to do the mixing with a gradcr, an agricultural disc, or a rototiller. The latter two methods will result in more even mixing. It is recommended that the clay and in situ soil should be dry during mining. This prevents "balling" and results in a more even mixture. Water, for compaction, should be added after mixing the clay with the in situ soil. Further mixing of the soil and clay occurs during the addition and the subsequent mixing of water and soil. The second option for adding and mixing the clay is to use a pug mill for batch processing. Clay as well as moisture can be added to the in situ soil and the material transported to the pad area. This batch type operation will result in a higher quality product, but at a greater cost.

8.4.4.3 Geomembrane Liners Thin synthetic films have been used as liner materials

since the 1940s (Kays, 1977). Since that time much advances have been made in both the raw materials as well as the manufacturing of these synthetic liner materials. Because of the explosion in the number of synthetic materials used in earth construction new terminologies were proposed in the 1980s and these synthetic liners are now r e f e d to as geomembranes because they are capable of containing solutions. Much has been published on the use of geomembranes and the design of liner systems (e.g. Koerner, 1990, 1993). The interested reader is referred to these and the other literature on this topic for a more detailed description. The mining industry in the U.S. has used a variety of geomembrane liner systems for heap leach facilities and tailings impoundments. In the 1970s a number of heap leach facilities were constructed using polyvinyl chloride (PVC), while the use of high density polyethylene (HDPE) became common in the 1980s for both heap leach facilities and tailings impoundments. In the late 1980s very low density polyethylene (VLDPE) was introduced and was used extensively for heap leach pads and tailings impoundments. Throughout this whole period PVC has been used at a number of facilities. Other materials such as Hypalon'" and XR-5 (chlorosulfinated polyethylene) have also found application in the mining industry, however, in smaller quantities. Lately, LLDPE has been specified as an alternative to VLDPE. In the case of reusable leach pads the low permeability member of the liner system is typically a low porosity asphalt and/or a layer of rubberized asphalt. The latter is a mixture of ground-up tires and asphalt and is applied by spraying it in a thin film over the area of application. The characteristics of the various geomembrane liners must be considered in selecting the appropriate material for the site. Extensive information is available from manufacturers as well as from the literature on geomembrane characteristics. Furthermore, new materials are developed on a regular basis and changes are made to the formulations of existing materials and therefore the designer must stay up-to-date with such information to ensure that such information is included in the design of new facilities. The three materials most often used in the mining industry as geomembranes are PVC, HDPE, and LLDPE. The rest of this section will provide a brief discussion of the characteristics of these materials:

PVC - PVC is manufactured through calendaring. The material is typically shipped as folded liner on pallets. Typical off-the-shelf thicknesses for PVC liner are 20 mil, 30 mil, and 40 mil (one mil = 0.001 inches). Other thickness can be specified and specially manufactured. The characteristics of PVC are that it is a flexible material with a relatively low coefficient of thermal


expansion, so that there are not large expansions and contractions of the material during installation. The stress/strain relationship of PVC shows a continuous strain with increasing stress without a clear break between elastic and plastic behavior. Break occurs at about 300 percent elongation. Panels of PVC are glued together using an adhesive. The bonding of this adhesive results in a seam of high strength. The area to be bonded must be dust-free and dry. After applying the adhesive the two sheets are pushed together using a hand-held small roller. It is therefore important to have a stable, firm foundation to work on. Factory seams are often included in the panels as the calendared panel widths are typically narrower than needed for installation. Quality assurance of seams are done through mechanical point impact (screwdriver) or an air lance (ASTM Test Method D4437-84 and GRI GM6). Because of the flexibility of the PVC, it easily deforms when subjected to loading of granular materials. Furthermore, the impact of sharp edges does not result in the puncturing of PVC material. Laboratory tests have been perfomed to evaluate the typical stacking height of heaps on top of PVC overlying a clay liner. Estimates of equivalent loads as high as a heap stacked to 1000 ft have been made from these tests. PVC is chemically resistant to acids and alkalis in the pH range of mining solutions. It is not completely resistant to organics. HDPE - HDPE is manufactured through extrusion of molten resin. The material is delivered in rolls and typical liner thicknesses are 40 mil, 60 mil and 80 mil. Other thickness can be specified and manufactured upon request. The stress/strain behavior of HDPE shows a clear distinction between elastic and plastic behavior. Yield typically takes place at small strains, in the order of 10 percent. Break takes place at high elongations, in the order of 800 percent, however, the material does not behave elastically in this region. HDPE has a higher coefficient of thermal expansion than PVC and therefore elongates considerable when subjected to sunshine. Panels of HDPE are welded through extrusion welding, molten HDPE resin is extruded at temperatures of approximately 400'F. A variety of extrusion welding equipment is available on the market. Quality assurance testing of liner seams can be done by vacuum box or applying pressure to the opening between a doublc- welded seam. Although other methods have been proposed these are the most commonly used today. HDPE material is more rigid than PVC and is easily scratched by granular materials. The impact of such surface scratches can be to weaken the material finally resulting in formation of small holes in the liner. It can

427

also result in the initiation of tears if the material is exposed. HDPE is also chemically resistant to the overall pH range of typical mine solutions. LLDPE - LLDPE is manufactured through extrusion of molten resin. The material is delivered in rolls and typical liner thicknesses are 40 mil, 60 mil and 80 mil. Other thickness can be specified and manufactured upon request. LLDPE is a flexible material having characteristics similar to that of PVC. The stress/strain behavior is similar to that of PVC, no specific yield point is present and break occurs at an elongation of about 300 percent. The chemical resistance of LLDPE is like that of HDPE. It is resistant to materials in the full pH range used in mining applications. The relative flexible nature of LLDPE makes it resistant to impacts of sharp edges on crushed materials such as heap leach ore. It has thermal expansion behavior similar to that of HDPE. 8.4.5 LEAKAGE

THROUGH

LINER SYSTEMS Seepage losses through clay liners are controlled by slow mass liquid flow through the pores of the clay layer. The lower the hydraulic conductivity of the clay layer the lower this mass flow until it is finally mostly controlled by physicochemical considerations and flow takes place by diffusion. In general the seepage through a clay liner can be calculated using Darcy's equation: Q = kiA

(8.4.5-1)

where: Q = seepage quantity k =hydraulic conductivity i = seepage gradient A = surface area through which seepage takes place Water vapor transmission can occur through intact geomembrane liners (Koerner, 1990). An equivalent hydraulic conductivity can be estimated for geomembrane liners. The equivalent hydraulic conductivity of estimating vapor transmission through geomembrane liners using Darcy's equation is in the order of lxlO-" cdsec. The calculation of leakage rates through geomembrane liners is more difficult because its magnitude depends on the size and shape of the opening in the liner, as well as the material underlying and overlying the liner. Empirical equations have been proposed for calculating leakage rates through holes in geomembrane liners (Bonaparte et al., 1989):

438

CHAPTER

8

(a) Rate of leakage due to defects i n geomembranes overlain and underlain by high permeability materials (e.g. pond primary liners with geonet, or other high-permeability leak collection system):

Q = C,a(2gh)0.5

using equations a to above. Based on research in the solid waste and hazardous waste industries, as well as experience in the mining industry it is recommended that a hole size of 10mm’ be used in the evaluations. It is further assumed that one hole per acre occurs.

(8.4.5-2)

8.5 TAILINGS DISPOSAL DESIGN (b) Rate of leakage though a geornembrane resting on high permeability material and overlain by a medium permeability drainage material (e.g. heap leach pad liner overlain by ore and underlain by a leak collection system): Q

= 3a0.75h0.75kd0.5

(8.4.5-3)

(c) Rate of leakage through a composite liner with a hole in the geomembrane. good contact between geomembrane and clay (e.g., synthetic liner on clay):

In equations b to d, the symbols are defined as follows:

Q = steady state rate of leakage through one hole in geomembrane layer (m3/s) C , = dimensionless coefficient, C , = 0.6 g = acceleration of gravity, g = 9.81 n%ls3 a = area of the hole in the geomembrane (m’) h = head of liquid on top of the geomembrane (m) k, = hydraulic conductivity of the low permeability soil underlying the geomembrane Ids) kd = hydraulic conductivity of the drainage material overlying the geomembrane ( d s ) The leakage rate through a hole in a geomembrane member of a composite liner is considerably lower than that through other boundary conditions. It is further interesting to note that the water vapor transmission through a geomembrane may result in higher losses per acre than the leakage through a composite liner. As was intuitively derived above, quantitative evaluations of Equations a to d show that if the synthetic liner is underlain by a low permeability layer the leakage rate through a hole in the synthetic liner will be much lower than that through a hole in a freely drsuned single synthetic liner. The same is true for a single (noncomposite) clay layer. In a composite liner, the hole restricts the flow into the clay liner to a small area and flow into the clay therefore takes place under unsaturated flow conditions. The behavior of the synthetic and clay liner composite is therefore more beneficial than that of any layer by itself. Leakage through liner systems can be estimated by

by J. M. Johnson This section describes the disposal methods of tailings and the related design issues. Geotechnical stability issues received most of the attention until the late 1970s, because tailings darn failure was perceived to be the most obvious threat to human health and the environment. In the 1980s and 1990s other environmental control issues such as seepage containment and control of oxidatiodacidification to minimize impacts to surface water and groundwater, and tailings liquid detoxificalion to protect wildlife have assumed increased importance in the design process. The requirement that tailings disposal be done so as to be protective of human health and the environment is a leading principle for the design engineer. The descriptions in this section will highlight how this can be achieved. A large body of literature exists on tailings disposal methods and the interested reader is specifically referred to the bibliography on tailings disposal published by the International Commission on Large Dams in 1989 (ICOLD, 1989). 8.5.1 TAILINGS PRODUCTION,

HANDLING AND TRANSPORT For this chapter tailings are defined as the relatively finegrained mineral processing waste produced by milling operations. Tailings are typically clay, silt and sand-sized mineral fragments with some chemical residues from the extraction process. Overburden, waste rock and spent heap leach ore are not tailings under this definition and are described in subsequent sections on waste rock and heap and dump leaching. F’rocess wastes such as sludges and smelter wastes (slag and flue dust) are also excluded under the definition and are described elsewhere. Mineral processing operations which produce tailings commonly include the following processing steps: Crushing Grinding Physical andor chemical removal of mineral values Dewatering Transport Disposal

Crushing reduces the size of the ore fragments from the run-of-mine gradation achieved by blasting fragmentation to a size acceptable as feed to the grinding


circuit. Multiple stages of crushing are commonly used to attain the desired particle size. Further reduction in particle size, to essentially the final gradation of the tailings product, is then achieved in the grinding circuit. Physical and chemical processes are used to extract the mineral.vdues from the finely ground ore produced by the grinding circuit. Common extraction processes include: Gravity separation (washing) Magnetic separation Flotation Leaching Heating

Table 1 Froth Flotation Reagents Compound

Class

Use

Collectors

To selectively Water-soluble polar coat particles hydrocarbons, with a watersuch as fatty acids repellent surface attractive to air bubbles

Modifiers pH regulators To change pH to promote flotation, either acid or basic

Activators and depressants To selectively modify flotation response of minerals present in combination

429

environmental impacts. These chemical additives include froth flotation reagents and lixiviants for leaching. Typical flotation reagents are summarized in Table 1. These chemicals are added to change the surface characteristics of the minerals and allow them to float to the surface of the slurry. Common leaching lixiviants include acids, cyanide and alkaline agents. Acid leaching can be used to process copper ores and is often applied to phosphate concentrates and uranium ores. Cyanide leaching is typically used to process gold and silver ores although other lixiviants such as thiourea, thiosulfate, bromine, chlorine and iodine are possible alternatives (Von Michaelis, 1987). Alkaline leaching is often used to process bauxite ores and uranium ores. Dewatering processes are used to increase slurry density or reduce the moisture content of the tailings for transport and disposal. Typical dewatering techniques include: Thickeners Hydrocyclones Centrifuges Vacuum filters Pressure filters Gravity *nage Thickeners are commonly used to increase slurry

NaOH CaO Na,CO, H,SO, H*SQ Metallic ions Lime Sodium silicate Starch Tannin Phosphates Sodium cyanide

Frothers

TQact as Pine oil flotation medium Propylene glycol Aliphatic alcohols Cresylic acid

Oils

To modify froth and act as collectors

Kerosene Fuel oils Coal-tar oils

density prior to delivery in slurry form to the tailings disposal area. Hydrocyclones with gravity drainage,

centrifuges and filters are sometimes used to produce what are commonly called “dry” tailings which can then be transported by truck or conveyor to the tailings disposal area. Gravity drainage alone is relatively uncommon as it is useful only on the coarsest, very sandy tailings. “Dry”tailings are generally expected to have reduced potential for adverse environmental impacts because of the low moisture content but may have greater potential for air quality impacts than slurried tailings. Slurried tailings are usually transported from the mill to the disposal area by pipeline using either gravity flow or pumps where the topography is unfavorable. Some operations still rely on gravity flow in open launders for delivery of slurried tailings. “Dry” tailings are usually transported by truck. Vick (1990) provides more extensive descriptions of tailings production from various types of mining operations including treatment and preparation methods.

After Vick (1990).

8.5.2 TAILINGS CHARACTERISTICS Gravity separation, magnetic separation and heating generally require no or few chemical additives and produce relatively benign tailings with reduced potential for adverse environmental impacts. Flotation and leaching generally require a range of chemical additives, producing tailings with an increased potential for adverse

The geotechnicd and chemical characteristics of the tailings are directly related to the characteristics of the ore, the specifics of the crushing and grinding circuits and the chemicals used during metal extraction. In general, the physical and geotechnical characteristics of

430

CHAPTER

2271

8

UNIFIED SOIL CLASSlFlCATlON

Fine sand

I

Clay (plastic) to silt (nonplasticl

GRAIN SEE, mm RANGES OF PARTICLE SIZE DlSTRlBUTlON FOR VARIOUS TYPES OF TAILINGS (After Boldt et al., 1989) Figure 7 Particle size distributions.

the tailings are determined by the mineralogy an3 weathering state of the ore and the degree of particle size reduction achieved during crushing and grinding. Typically, the physical characteristics are not altered by the extraction process. However, there are cases where the chemicals can alter the characteristics significantly, for example, alkaline leaching of uranium ores can result in gypsum formation in the resulting tailings. The chemical characteristics and therefore the overall requirements for environmental containment or other controls are in most cases a function of the chemicals used during metal extraction. There are also cases where naturally occurring minerals such as sulfides can also effect contamment requirements and other environmental controls because of the potential for oxidation and acid generation leading to leaching and migration of metals and other ions. A summary of typical geotechnical characteristics of various tailings products is provided in Section 7.2.2. Thcse include Atterberg limits and spccific gravity, inplace densities and void ratios, minimum and maximum densities of sand tailings, average in-place relative density of sand tailings, typical tailings hydraulic conductivity, typical values of compression index, typical values of coefficient of consolidation, typical

values of drained friction angle and typical total stress/strength parameters. Particle size distributions for some typical tailings products are shown on Figure 7. These typical values can be used as a guide in design however site-specific testing should be performed to obtain design parameters. The chemical characteristics of tailings liquid vary greatly from site to site. The characteristics of the water source will have some impact on the resulting water quality of the tailings. However, the largest impacts are usually the result of the chemicals added and metals and other ions liberated during the extraction process. Oxidation of sulfide minerals and the resultant liberation of metals and other ions under acidic conditions may also influence the chemical characteristics of the tailings liquid. Some chemical species which are potentially mobile in tailings liquid are summarized in Table 2 . Table 3 provides disposal concentrations from a copper tailings vat leach. Reagent consumption and cyanide concentrations for a carbon-in-pulp cyanide vat leach at a gold mine are presented in Table 4. Much has been written about the treatment methods of tailings solutions. Environment Canada published a sludy on mine and mill wastewater treatment in 1975 (Scott ;ind Bragg, 1975). Smith and Mudder (1992) provide a


431

Table 2 Potentially Mobile Chemical Species in Tailings Liquids Chemical Groups

Mine Tailings Flotation

Concentrate

Undifferentiated

Cations and Metal Cations

calcium, ammonia, transition metals (''lead, mercury, and barium

calcium, transition metals, calcium, transition metals, lead, mercury, and barium lead, mercury and barium

Anions

nitrate, sulfate

nitrate, chloride, sulfate

Amphoteric Species

arsenic, antimony, chromium, molybdenum, selenium

arsenic, antimony, arsenic, antimony, chromium, chromium, molybdenum, molybdenum, selenium selenium

Cyanide Complexes (where cyanide is used as a process reagent)

(2)

Free cyanide (CN and HCN)

nitrate, chloride, sulfate

Weak metal cyanide complexes (e.g., zinc, copper, nickel cyanides) Strongly complexed cyanides (e.g. iron, cobalt complexes)

Notes: (1) Transition metals include: chromium, cobalt, copper, nickel, zinc, iron, manganese

(2)Trace amounts of cyanide may be present for a short period of time if sodium cyanide is used as a modifier in the flotation circuit. After Hutchison and Ellisyon (1992).

complete review and discussion of cyanide chemistry and related treatment processes. A summary of geochemical characterization and prediction techniques is provided in Section 7.2.1. 8.5.3 DISPOSAL METHODS

Tailings arc typically disposed in engineered surface impoundments or as backfill in underground mines. Less frequently, tailings are discharged directly from the mill to a nearby body of water such as a river, lake or ocean. Historically, discharge to rivers and lakes was relatively common but is now rare. Underwater marine disposal has been practiced at a number of sites (Vick, 1990) but is increasingly difficult to permit in the existing regulatory climate. The tailings can be discharged from the mill as a dilute slurry in the order of twenty to forty-five percent solids (percent solids is the ratio of the weight of the solids to the total weight of the slurry expressed as a percentage). Conveyance of the slurry is through pipelines which may incIude specially designed facilities such as drop boxes to keep a low flow velocity in the

pipelines and thereby controlling pipeline scour. The deposition behavior of these high liquid content slurries produces very flat tailings profiles away from the point of deposition with slightly steeper profiles in close, depending upon sand content, discharge velocity, a d beach width. The sedimentation behavior of tailings along a beach is discussed in more detail in section 8.5.4.

The tailings slurry can also be physically treated to obtain a higher percent solids while still in sIutry form. Through the use of thickeners and other mechanical devices it is possible to obtain slurry densities as high as 55 to 60 percent. The deposition behavior of such thickened tailings differs from that of the more dilute slurries, producing a relatively flat conical mass of tailings radiating from the point of discharge at approximately a six percent slope. This process is known as the "thckened discharge method" and is described in more detail by Robinsky (1979) and Palmer and Krizek (1987). Belt filters or other mechanical filter equipment can be used to reduce the moisture content in the tailings even further. Solids contents has high as 80 to 85

432

CHAPTER

8

Table 3 Example of Waste Characteristics. Copper Tailings Vat Leach Reprocessing

Constituent Arsenic Barium Cadmium Chromium Lead Mercury Nitrate (as N) Selenium Silver Calcium Chloride Copper Hardness Magnesium Manganese

PH Sodium Sulfate Total Dissolved Solids Zinc Organic Substances

Reprocessed Tailings Disposal Concentration (mgW 0.22 0.34

0.15 1.84 Not Detected 0.01 58

0.12 0.07 51 .I 32 271

1928 437 42 2.55 21 1 15800 23990 7.14 Not Detected

behavior is important for the more accurate modeling of tailings deposition which in turn influences the geotechnical characteristics of a tailings deposit. ?he sedmentation behavior of tailings along a beach following deposition has been studied by a number of researchers and has resulted in the definition of a beach profile as well as the particle size segregation along the beach. The dcposition of particles from the slurry and, therefore, the segregation along the beach, as well as the beach profile, are functions of specific gravity of solids, percent solids in slurry, and discharge rate of the slurry. Melent'ev et al., 11973) proposed a model for the development of a beach, as well as segregation of particles along the beach. Melent'cv's model has been shown subsequently to be valid and can be applied successfully to the deposition of gold and platinum tailings (Blight, 1987). Considerable cffort in this area, combined with seepage analyses, have also been presented by Abadjicv, (1985). The profile of a beach is generated by the gravitational sorting of particle sizes as the slurry flows down the beach. A reduction in particle size occurs along the beach which results in the reduction of the hydraulic conductivity of the tailings as a function of distance from the depositional point (Blight, 1987). A master profile of the beach is developed which can be expressed as: (8.5.4-5)

Table 4 Example of Waste Characteristics. Gold Mine _________~

________

Reagents Used in Mill Circuit

Consumption (Ibslton ore)

Sodium Cyanide (NaCN) Calcium Hydroxide (CaOH - Lime) Sodium hydroxide (NaOH Nitric Acid (HNO,) Fluxes (silica, sand, borax, fluorospar, etc.) Carbon Treated Tailings Slurry Total Cyanide Free Cyanide Untreated Tailings Slurry Total Cyanide Free Cyanide

1.20 2.00

where:

~

0.05 0.10 0.02 0.03 70 mg/l 30 mg/l 1461 mg/l 577 mg/l

percent can be obtained from such devices. The resulting tailings have been referred to as dewatered tailings, dry tailings, and tailings paste. A later section will discuss the production and disposal of these materials.

H = length of beach Y = elevation between point of deposition and pool X = distance along beach h = elevation between pool and point x n = the dimensionless constant dependent on tailings characteristics Blight (1987) shows that the expression models the master beach profile for various tailings materials. Abadjiev (1976, 1985) has suggested the following relationship for the change of saturated hydraulic conductivity for deposited tailings as a result of the material segregation along the beach.

where:

a and b are constants characteristic of the beach, and H = the distance along beach from deposition point.

8.5.4 TAILINGS SEDIMENTATION

Characterization of master beach profiles and depositional

Sedimentation and beach development behavior can also be evaluated using bench scale testing in the


laboratory using a project specific tailings grind. Fourie (1988) provides results for three of these tests conducted on bauxite, nickel and coal tailings. 8.5.5 TAILINGS IMPOUNDMENTS

The siting and design of a tailings impoundment consists of integrating many alternatives for the various systems so that a site- specific design can be developed. This section will review a number of these options and how they have been applied in the industry. 8.5.5.1 Site Selection and Characterization

Site selection and characterization is typically the first step in the overall design process. Site selection can be an informal process or can also follow a much more formal approach. Van Zyl and Robertson (1980) and Vick (194O) describe typical approaches to site selection of tailings impoundments. The site selection process described by Crouch and Poulter (1983) is fairly representative. This process consists of the seven steps listed below: Regional screening to eliminate unsuitable areas and locate potential sites. Elimination of sites with obvious environmental constraints. Qualitative ranking of site evaluation criteria. Quantitative ranking of sites. Field investigation of top ranking sites. Evaluation of field data. Selection of preferred sites. Typical criteria used in the regional screening step summarized below:

~IE

Distance from the mine and mill Topographic features Climatic features Land use and ecologic features Hydrologic conditions Geologic features Possible zones of mineralization Examples of unfavorable topographic features could include areas with difficult access and terrain too steep for earthwork or liner installation. Climatic features could include areas subjected to high winds, deep snowfalls, excessive precipitation, or freezing conditions. Important recreational areas, critical wildlife habitat, areas with sensitive ecosystems and areas of archaeological or ethnographic significance are examples of possible land use and ecologic features. Hydrologic conditions could include excessive upgradient catchment area, unfavorable

433

water balance due to climatic conditions or pit dewatering requirements and poor conditions for surface water diversions. Geologic features could include active faults, landslides, karst terrain and unstable or unsatisfactory foundation materials. Typical criteria used in the fatal flaw screening step are listed below: Visual impact Land use and ecologic features Airborne release potential Surface water discharge potential Seepage release potential Stability Site storage capacity Site access Development and operating casts Site characteristics of interest are summarized below: Impoundment maximum volume Impoundment area Embankment height Embankment volume Catchment area Ratio - catchmendimpoundment area Distance from the mill Elevation change to mill Distance to major creek Nearest residence Geology Depth to groundwater Ownership Valley geometry Land use Access Proximity to the mill has always been an economic advantage in tailings impoundment siting. Shorter pumping distances are reqlllred and operational controls are easier to institute. Topographic features must be considered in site selection. This issue is obviously closely related to the type of impoundment and deposition method which will be considered. In the case of a cross valley impoundment, it is always better to site a new impoundment close to the drainage divide so that the upstream catchment area is limited. Impoundment sizing, associated freeboard, and potential water diversions are functions of the site climatology and hydrology. These issues must be considered during site selection and site characterization. Impoundment foundation conditions are related lo the site geology. A thorough understanding of site geology should be developed during the site characterization and can also be a discriminating factor in terms of site selection. For example, it would be more advantageous

434

CHAPTER

8

r

1

Cross-valley impoundment

I

I V

1

Ring dike

Sidehill impoundment

1

Valley

- bo t t o m impoundment

Ftgure 8 Examples of impoundment types. locate the tailings impoundment over a low permeability formation such as shale and mudstone than to place it on an alluvial formation. If both such

to

formations are available at the same distance from the mine, then the site with the most favorable geologic foundation conditions should be selected. Geologic


DAM TYPE

A DVA NTAGE S

Upstream Method

1. Requires least quantity Of dike fill material

Peripheral t ailmgs or cyclone spigot . Pounded water Perimeter dikes

2. Often least costly method

:.

-

Starter bke

1

storage

4. May be susceptible to liquefaction in high seismic areas

Downstream Method Impervious core (optionall Tailinas or\

1. Requires careful attention and control of tailings discharge and water decanting

3. Not well suited to large runoff inflows or water

I

(natud sols)

DISADVANTAGES

2. Rate of height increase may be limited

. ..................... ............... S h S& + L . sands : : ; ;,:./ ; . : : - ......... . . . . . . . .:.:..... _L ............... .

---

435

Raises (natural soils. tailings, or m'ne waste)

1. Cornpa.,,,,: with any .jpe of tailings

1. requires greatest quan :y of darn fill

2. Can be used for water storage

2. Darn fill volumes increase for each successive raise

3. Good seismic resistance

3. Often most costly method

Centerline Method Peripheral tailings spigot or cyclone

Impervious core

Shares both advantages and disadvantages of upstream and downstream methods Starter dike 1. (natural soils)

Drain (optional

Figure 9 Typical sections embankments.

h d s must be identified. Such geologic hazards can include active faults, landslides, glaciers, solution cavities (karst), collapsible soils, very pervious foundation materials, low strength foundation materials and dispersive soils, amongst others. The potential impact of geologic hazards on the operational and longer term stability of the tailings impoundment must be considered. The site hydrogeology must also be evaluated at an early stage to understand the potential for geologic containment, contaminant migration, groundwater contamination and related issues. 8.5.5.2

Impoundment Types

Tailings impoundment geometry is generally dictated by

the topographic conditions at impoundment categories include:

the

site.

General

Cross valley Sidehill Ring dikes Valley-bottom Examples of each of these impoundment types m shown on Figure 8. Cross-valley impoundments are most appropriate for incised drainages in hilly terrain and generally provide a large volume of tailings storage per unit volume of embankment construction. The need to divert or store storm flows from the upgradient catchment is the most common limitation on use of this impoundment type.

436

CHAPTER

8

Sidehill impoundments typically have three sides and are most appropriate on outwash pediments or other sites with large expanses of sloping terrain and relatively constant slope. Storage efficiency is generally lower than for cross valley impoundments but storm diversion and storage requirements are usually smaller. Ring dike impoundments are fully enclosed by embankments and are most appropriate for flat terrain. This category has the smallest storm diversion and storage requirements but storage efficiency is usually low, particularly for segmented impoundments. The fourth category, valley-bottom impoundments is a variation of the cross-valley and sidehill layouts identified by Vick (1940). Storage efficiency is similar to sidehill layouts but the valley-bottom configuration allows for diversion of stormwater flows between the impoundment and the opposite valley wall.

8.5.5.3 Embankment Types Tailings impoundments can be constructed using tailing sand or bornow materials. Tailings have been used as construction material in many historical tailings impoundments and are still used for the construction of embankments to contain flotation tailings impoundments. Compacted borrow materials are typically used for the construction of embankments to contain tailings containing residual extraction chemicals such as cyanide. Soil andlor synthetic liner systems are often included in the embankment design for nonflotation tailings. General embankment types include upstream, centerline and downstream Figure 9 provides typical sections of these embankments as well as the listing of their advantages and disadvantages, after Vick (1981). Selection of any of these three construction methods is determined by the amount of coarse tailings material or natural soil available for embankment construction, as well as the potential for seismic loading in the area. Downstream construction requires the most tailings sand or borrow but results in a well-drained embankment with higher stability during seismic loading. Upstream construction requires the least embankment material but is typically not recommendcd for areas of high seismicity because of the potential for embankment instability following liquefaction of the tailings in response to earthquake shaking. 8.5.5.4

Liner Applications

Liner systems have been proposed and used extensively for the containment of uranium and cyanided tailings from precious metal mines. The liners are instdled to prevent seepage losses of contaminants during operations as well as in the long-term. In order to enhance drainage during operations and also to expedite reclamation after

operations a drain layer is often constructed on top of the liner. Another major advantage of a drain layer on top of the liner is that low hydraulic heads are maintained on the liner during operation thereby reducing the potential leakage from the impoundment (Cincilla et al., 1991). Various liner materials can be used for tailings impoundments as long as they are compatible with sitespecific requirements such as expected loading and deformation conditions, exposure to weather, sunlight and ultraviolet radiation, and stability. A more detailed discussion of liner materials and liner system design is presented in Section 8.4. 8.5.5.5

Deposition Methods

Deposition methods for dilute slurried tailings include single point discharge, spigots, and cyclones. For single point discharge systems the tailings are discharged into the impoundment from one or two points and very little control is exercised on the pool location as well as beach formation. Usually the discharge point is located along or near the main embankment to form a beach and thereby minimize potential for pooling of the tailings liquids against the embankment. This simplities embankment design as the hydraulic gradients a d potential for seepage through or under the structure significantly r e d u d . In addition, this configuration generally provides the largest volume for stormwater storage. However, some facilities are designed to operate with the discharge point located away from the embankment and tailings liquids pooled against the structure. In this case more attention must be paid to surface water diversions and stormwater storage, and the embankment must be designed to withstand higher hydraulic gradients. For spigot systems a series of point discharges are located along the tailings embankment and potentially elsewhere along the impoundment circumference. Tailings deposition is carefully managed by opening a small number of spigots at any one time allowing the correct combination of tailings discharge velocity and slurry density to develop and maintain the desired beach. For example, by reducing the discharge velocity through using more spigots for discharge, a steeper beach is formed than when higher discharge velocities are maintained. This method allows extensive control over beach formation and pool location. Cyclones are simple mechanical devices without moving parts whch allow for the separation of coarse and fine materials through centrifugal forces. A section through a typical cyclone is shown in Figure 10. Through centrifugal forces the coarse product is sepmted from the fines and discharged at a relatively low moisture content through the bottom of the cyclone. This product known as underflow can then be stacked to form the sand portions of the various embankment types described in


437

t Feed

Feed

inlet

-

Vortex linder

Underflow

CONCEPT OF THE HYDROCYCLONE

Figure 10 Section through cyclone.

- Decant line Discharge

Barge pump

-

T P u m P line

Embankment drain

Figure 11 Floating barge, decant tower, embankment drain systems.

Section 8.5.4.3. The overflow, or fine product, is discharged to the tailings pool away from the sand embankment. Tailings deposition can be managed to be subaerial (under air) or subaqueous (under water). The management of such deposition is done through control of the pond size as well as the depositional pattern. Subaerial

deposition has the advantage that evaporative drying of the tailings surface can increase the overall density of deposited tailings. Such evaporative drying is not effective in all climates and careful evaluation is necessary before a subaerial management system is implemented. If the annual evaporation rate is low and the precipitation is high then it is less certain that subaerial deposition techniques will succeed. In the case

438

CHAPTER

8

of potentially acid generating tailings, it has been found that subaerial deposition or cyclone deposition can lead to acid generation of the materials subjected to continual wetting and drying. Subaqueous deposition is typically practiced for control of acid generation or for dust control. For example, subaqueous deposition is used at the Cyprus Northshore Mine in Minnesota to reduce the potential for aerial transport of dust, In Canada subaqueous deposition has been practiced by discharging tailings into lakes, however, the long-term maintenance of the tailings in a saturated condition in lined impoundments constructed above the local groundwater level is a concern and warrants careful evaluation. The thickened method described in section 8.5.3 typically uses a single point discharge if a conical pile is desired of multiple points if a more planar surface is desired. Deposition methods €or dry tailings are described below in Sections 8.5.6 and 8.5.7. 8S.5.6 Decant Methods The supernatant remaining after sedimentation of the tailings as well as precipitation falling on the tailings impoundment or runoff to the tailings impoundment is typically decanted for re-use in the mill. It is also possible that such decanted tailings solution can be treated and discharged to the environment. Typical decant methods include floating barges, decant towers, and embankment drains. These systems are depicted in Figure 11. Floating barge systems can be used successfully, however, a high enough water pool must he maintained on the tailings to allow for efficient pump operations. The barge is typically anchored and is equipped with vertical turbine pumps for water return. The tailings water should be free of sediments otherwise excessive wear of the pump components can occur. Decanf towers can take on many different forms. These range from vertical penstocks where inlet height is controlled by closing holes at various elevations or adding rings to the penstock to make it higher. Such penstocks must always be accessible and catwalks are typically used for such access. In sloping terrain. decant towers can be constructed against the sloping hillside and accessed from the top through a ladder. The water level can then be controlled by inserting wooden slats or other devices in the decant tower. Embankment drains can be used as a decant. In this case deposition must take place away from the embankment and flow must be towards the embankment. The slimes will therefore collect against the embankment and the supematant will be drained off. Although this system seems to work well in theory, there are a number of practical issues which must be considered. Geotextile

materials have been used to cover the embankment drain, thereby reducing the possibility of decanting turbid tailings water. The problem is the geotextile can clog and prevent drainage from occurring efficiently. Even in the case of granular filters, it is possible that either drainage will not be efficient or that some turbidity will be released from the tailings impoundment. The continued operation of this system is also dependent on the outlet pipes not being damaged due to embankment loading. The biggest advantage of an embankment drain is that it requires very little operational maintenance if it operates as intended with all drainage by gravity flow. It is necessary to install a collection pond downstream of the tailings impoundment to collect the decant water. A pump system is then required from this pond to return the water to the mill. 8.5.5.7

Design Considerations

Tailings impoundment design requires knowledge of site characteristics and tailings characteristics, combined with knowledge of the regulatory requirements and understanding of the available disposal technologies. Knowledge of the performance of existing and historic tailings impoundments is also critical to the success of the design process. WSCOLD (1994) presents data on reported tailings dam failures by cause, including overtopping, slope instability, earthquake, foundation, seepage, structural, erosion, mine subsidence, and unknown. Initially, the storage capacity of the site must be evaluated to ascertain if sufficient capacity is available for planned production and reasonably foreseeable expansions. The available storage capacity must also include an allowance for stormwater storage, wave runup and freeboard. This will require an evaluation of site hydrology and topography to determine the size and location of surface water diversions and the volume of watcr to be stored. Data presented by USCOLD (1994) for both active and inactive impoundments, indicates that insufficient freeboard for water storage leading to overtopping has been the primary cause for at least 16 percent of reported tailings dam failures. Tailings chemistry must be evaluated to determine containment requirements. The permeability of the native foundation materials will also impact possible liner requirements. If the tailings are sufficiently benign chemically for the sand fraction to be used for embankment construction, a cyclone study must be compIeted. The relative proportions of tailings sands and slimes and the schedule for production may then dictate the type of embankment selected and the need for alternate construction materials such as waste rock or borrow. If the tailings are not chemically benign, containment consisting of a liner system will probably be required and the tailings sand fraction will probably


not be available for embankment construction. In addition to having sufficient storage capacity the tailings embankment must be stable under both static and earthquake loading conditions. The USCOLD data (USCOLD, 1994) indicates that at least 22 percent of reported tailings dam failures have been caused by slope instability with another 17 percent caused by the effects of earthquake shaking. Consolidation and/or compression of the materials underlying the embankment and impoundment must be restricted to ranges acceptable for retention of continuity of liner systems and outlet pipes. The proposed filling rate must then be evaluated to determine if the rate of rise of the tailings surface will allow drainage of the recently deposited tailings and dissipation of induced pore pressures in the buried tailings. The location of the phreatic surface must be controlled to maintain embankment stability and minimize the potential for seepage from the face of the embankment. Control methods include maintenance of an adequate beach between the embankment and tailings pond, liner systems to inhibit seepage, filters to prevent particle migration and drains to intercept and direct seepage flow. The USCOLD data (USCOLD, 1994) indicates that at least 9 percent of reported tailings dam failures have been caused by seepage. The design should be evaluated for constructibility and expected operating requirements. Simpler construction and operating requirements may lead to a more successful facility and result in significant cost savings over the long-term. More complex systems may be appropriate but should only be implemented based on a clear understanding of the operating requirements. Geotechnical instrumentation should be included in the design to allow monitoring of facility performance. Instrumentation is described in Section 8.5.5.9.

8.5.5.8 Analytical Methods Analyses to support tailings impoundment design can be grouped into four general categories: volumetric/mass balance analyses, hydrologic analyses, geotechnical analyses, and geochemical analyses. Volumetric/mass balance analyses are used primarily in support of the site selection, impoundment sizing, embankment type selection, and cost estimating processes. The hydrologic analyses are used primarily in support of the evaluation of freeboard and surface water diversion requirements and the evaluation of liner requirements based on potential groundwater impacts. The geotechnical analyses are used primarily to evaluate the overall stability of the impoundment structures, the engineering characteristics of the tailings at selected stages of the impoundment life and the structural requirements to inhibit or control seepage. Geochemical analyses, used to evaluate potential impacts to human health and the environment due to

439

toxicity, are critical to the selection of pre-discharge tailings treatment systems and the design of containment systems at the impoundment. These analyses include chemical characterization of the tailings in the asdischarged state plus analyses used to evaluate possible future behavior related to generation of acid rock drainage. Analyses to evaluate the chemical attenuation capabilities of soil liner materials or soils beneath the impoundment may also be completed. The geochemical test methods and predictive techniques are described in Section 7.2.1.

VolumetridMass Balance Analyses - Simple volumetric calculations are used during the site selection process to evaluate storage volumes and associated embankment heights. These calculations are typically generated using large scale topographic maps with 40-foot contour intervals. Because great accuracy is not necessary at this stage of the design process equations based on approximate geometric forms such as cones and pyramids can often be used to estimate volumes. Alternatively, the average end area method or refinements of this method can be used to calculate volumes after dividing the impoundment into vertical or horizontal layers. Once a preferred site (or sites) has been selected more accurate topographic information is obtained and the same methods are used to develop more accurate volume estimates. These methods have been incorporated into many computer codes and are widely available in forms which are compatible with computerized topographic data systems. Use of the computerized systems allows rapid calculation of storage volumes and construction volumes during the design process. Once the volumetric characteristics of the impoundment and embankment structures are established the tailings production rate and deposition behavior can be used to generate stage diagrams. An example of a stage diagram is shown on Figure 12. Stage diagrams are used to evaluate embankment height requirements and tailings rate of rise at various stages of mine life. The results of hydrologic analyses such as fieboard requirements and accumulated free water storage are typically superimposed on the tailings curves to provide an indication of total required storage at any given time. Hydrologic Analyses - Hydrologic analyses for surface water include sizing and routing inflow design floods, hydraulic sizing of water transmission and diversion structures and water balance analyses. These analyses are described in Section 8.8. Hydrologic analyses for groundwater include saturated and unsaturated flow modeling which may be coupled with contaminant transport and attenuation analyses. Detailed discussion of these analyses is beyond the scope of this chapter. However, many references on this subject are available including Vick (1990), Freeze and Cherry

440

8

CHAPTER

I

THE STANDARD STAGE CURVE

EXAMPLE STABILITY GEOMETRY

(After Caldwell and Smith , undated)

Figure 12 Stage diagram.

Figure 13 Slope and slip surface geometry.

(1 9791, and McWhorter and Nelson (1979).

flow, possible leading to failure of the tailings impoundment and downstream release of a large quantity of tailings. Examples of tailings flow failures are presented by Berti et al., (1988) for the F'restavel Mine at Stava de Tesero, Italy, and Jennings (1979) for the Bafokeng slimes dam in South Africa. Methods for estimating tailings flow failure runout distances under certain conditions are presented by Lucia (198 1) and Vick (1991). Dynamic stability evaluations typically d r e s s potential for loss of shear strength due to liquefaction of tailings and other granular materials under earthquake loading and subsequent impacts on structural deformation and factors of safety from limit equilibrium analyses. The appropriate earthquake loading for design is sitespecific and is obtained using deterministic or probabilistic methods, Deterministic methods rely primarily on energy attenuation relationships to translate earthquake accelerations from known active faults to the site. Probabilistic methods rely primarily on historical earthquake records to develop acceleration-frequency relationships for broad areas and specific sites. Many references are available on seismicity includmg Slemmons (1977) and Algermissen et al., (1982 and 1990). Historically, limit equilibrium stability analyses modified to incorporate a factored horizontal loading were used to evaluate embankment stability under earthquake loading conditions. This procedure, known as a pseudostatic stability analysis, is not appropriate for embankments containing or founded on materials which may lose shear strength or liquefy under cyclic loading. For non-liquefiable materials the method is still used by some practitioners as a general indicator of overall stability and as input to embankment deformation analyses. If liquefiable materials are believed to be present in the embankment or foundation the potential for structural

Geotechnical Analyses - Stability evaluations include static and dynamic analyses to address critical stages of embankment construction, operation and closure under static and earthquake loading conditions. Static analyses typically focus on stability during mining operations, stability at closure, and long-term post-closure stability. Many references are available on this subject including Morgenstern and Sangray (1978), Vick (1990), Ladd (1991), Johnson (1974) and U.S. Army Corps of Engineers ( 1970). These analyses use limit equilibrium methods to calculate a stability factor of safety. Morgenstern and Sangray (1978) have defined factor of safety as "that factor by which the shear strength parameters may be reduced in order to bring the slope into a state of limiting equilibrium along a given slip surface." The shear strength parameters may be based on total stress or effective stress. If effective stress parameters are used pore pressures must also be evaluated for input to the analyses. An example of slope and slip surface geometry for input to an analysis using the method of slices is shown on Figure 13. This method, applied to an upstream tailings embankment is shown on Figure 14. Static analyses should also consider the potential for liquefaction of the tailings under static loading conditions. This phenomenon, which is less common than liquefaction under dynamic loading conditions, can occur when tailings or soils subject to strain-softening are sheared beyond their peak strength. Liquefaction has been defined by Poulos et al., (1985) as "a phenomenon wherein the shear resistance of a mass of soil decreases when subjected to monotonic, cyclic, or dynamic loading at constant volume." If the shear strength of the tailings, embankment or foundation materials are r e d u c e d below the prevailing shear stresses they may experience large strains with the appearance of


441

TYPICAL SLIP SURFACES FOR AN UPSTREAM TAILINGS DAM (After Lacid, 1986) Figure 14 Slope and slip surface geometry/upstream tailings embankment.

failure or damage may be evaluated initially using an empirical screening relationship presented by Smart and Von Thun (1983) for water storage dams and developed further by Conlin (1987) for tailings impoundments. This method uses a plot of earthquake magnitude versus epicentral distance for historic earthquake events at sites susceptible to liquefaction as an indicator of liquefaction potential at any proposed site. If this magnitude and distance point for a proposed site falls within the no liquefaction zone further analyses are probably not necessary. If the point falls within the zone of possible liquefaction, a more extensive analytical effort will be necessary. The resistance of tailings and soil materials to liquefaction can be evaluated either by testing representative and undisturbed samples in the laboratory or through the use of in-situ tests such as the Standard Penetration Test (SPT) or the Cone Penetration Test (CPT). Seed and Harder (1990) present an SPT-based method for liquefaction analysis and determination of post- liquefaction residual strengths which is generally applicable to tailings impoundments. If liquefaction is unlikely stability can be evaluated using the limit equilibrium techniques and shear strengths used for static stability analyses with the addition of pseudo-static analyses. If the pseudo-static analysis factor of safety is low, deformation analyses

may be necessary to evaluate available fkebod following earthquake shaking. If liquefaction is likely, stability can be evaluated using limit equilibrium techniques and residual shear strengths. Deformation analyses are likely to be more critical for this case than for the no-liquefaction case. Deformation analysis techniques range from relatively simple methods relying on sliding block models or pseudo-static methods to more complicated models relying on computerized finite element and finite difference solutions. Descriptions of some of the simpler methods are provided by Newmark (19659, Sarma (1975) and Makdisi and Seed (1977). Finn (1987) provides a summary of some of the more complicated methods. Consolidation and settlement analyses are often necessary to evaluate the final expected density in the tailings impoundment as well as the amount of settlement that may be expected after deposition ceases or due to the placement of a cap. A realistic evaluation of consolidation can only be done using the unrestricted or finite strain consolidation theories originally published by Gibson et al., (1967 and 1981). In this case it is necessary to know the relationship between hydraulic conductivity and void ratio as well as effective stress and void ratio. Such analyses are very useful in the overall evaluation of tailings consolidation and potential seepage losses induced by consolidation (Caldwell et al., 1984).

442

CHAPTER

8

Schffman and Carrier (1990) describe the use of these analyses in tailings impoundment design. Seepage analyses must be performed for tailings impoundments to evaluate the pore pressure conditions to be expected for the stability analyses as well as estimating seepage losses from the impoundment. Originally, hand-drawn flow nets were used to evaluate flow gradients and seepage quantities. Terzaghi and Peck (1967) and Cedargren (1977) provide descriptions of the flow net method. In the case of simple boundary conditions analytical methods can be used as described by Van Zyl and Harr (1977). Computerized finite element and finite difference methods are also available for more complicated analyses. Water balance evaluations must be performed to determine the amount of decant water available to the plant, amount of decant water which may have to be treated and discharged and to evaluate water supply requirements for the project. Water balance evaluations are further discussed in Section 8.8.

8.5.5.9 Performance Monitoring The design should incorporate geotechnical instrumentation located to evaluate the performance during construction, operation and closure of critical facility components. Many references are available on geotechnical instrumentation including Dunnicliff ( 1988) and Bartholomew, et al., (1987). Typically instrumentation is installed to monitor total stress, pore pressures, settlement, and slope movements. Total stress measurements may be valuable in the vicinity of buried structures such as decant towers and outlet pipes to assist in evaluation of their performance. Pore pressure measurements are a relatively common performance monitoring tool and are obtained from many locations including within the embankment, the foundation and the deposited tailings mass. Settlement measurements may be valuable in evaluating the consolidation of the tailings and movement of the embankment and buried structures. Slope movement measurements are used to detect translational or rotational movement of the embankment.

8.5.5.10 Closure/Reclamation After completion of mining, the tailings impoundment must be closed and reclaimed so as to retain physical stability, chemical stability, protect human health and the environment, and satisfy the selected land use. Planning for such closure should start at the beginning of the project and not when mining has ceased. A number of activities are necessary to complete closure and reclamation. These activities are discussed in this section. The remaining free water on the tailings

impoundment must be decanted and discharged or treated before discharge. Evaporation can also be used as a method of dewatering the surface of the tailings impoundment if climatic conditions at the site are appropriate. After removing the water from the surface it is necessary to recontour the surface to fit in with the surface drainage plan developed for the site. In some instances, it is acceptable to have some water storage on the impoundment while in other cases, positive drainage should be maintained. The latter is especially true if recharge through the tailings could lead to unacceptable leachate quality. After contouring of the surface some treatment may be required. In areas of low precipitation where wind erosion is the biggest problem with respect to stability of the tailings impoundment as well as being a nuisance, covering the tailings with waste rock may be sufficient surface treatment. Revegetation of the tailings impoundment can be done if it is part of the overall closure plan. There are sites where revegetation of the tailings impoundment may not be necessary for acceptable closure as long as wind and water erosion can be limited. The design and construction of covers for tailings impoundments is a complex topic which must be considered on a site- specific basis. Depending upon the tailings characteristics, site-specific climatic conditions, and regulatory requirements, acceptable cover systems may range from a single layer of soil as a growth medium to a more complex, multi-layer cover incorporating stabilization layers for support of construction traffic, seepage barriers, drainage layers, capillary breaks and root barriers. Very often it is necessary to wait for a period after ceasing mining to allow for consolidation and settlement of the tailings surface so that any cover will be protected in the longterm. This waiting period in some cases be as long as five years. Closure requirements are discussed in considerable detail in Hutchison and Ellison (1992).

8.5.6 UNDERGROUND BACKFILLING Underground mine backfilling has been used as: a work platform, ground support, an aid to ventilation control, overall ground (subsidence) control, and a means of minimizing surface waste disposal impacts. Backfill is defined as "waste sand or rock used to support the roof after removal of ore from stope" (Thrush, et al., 1968). Since the dictionary was compiled in 1968, backfill material has included much more than sand or rock, and has done much more than supported the roof. There are a number of specific mining methods utilizing backfill as part of the system. Choosing a mining technique depends on, but is not limited to: dcpth of the deposit, the shape and spacial orientation of the orebody, operators' preference and experience, available machinery, milling


and processing, regulatory requirements, etc. It is not the intent of this section to describe mining techniques in detail. The reader is guided to more comprehensive literature such as SME Underground Mining Methods Handbook (Hustrulid, 1982) or specific topic forums such as the International Mining With Backfill confemces such as Innovations in Mining Backfill Technology (Hassani, et al.. (ed),19859, or Backfill in South African Mines (SAIMM, 1988). Backfill material types range from mine waste products such as mill tailings and development waste, to q d e d sands and rock. The environmental considerations for active mines will depend on the reactivity of the placed material, the reactivity of the surrounding rock, and the ambient conditions surrounding the backfilled stope (e.g. saturation, ventilation, etc). Backfill additive materials such as portland cement or flyash may add structural competency, but it is important to note that the additives have the potential to interact with the underground environment. For example, additives may provide buffering to acid drainage, decrease the porosity of the mass, or interact to cause vapors that may be of concern. Interactions may be due to the chemical activity, large surface area of small particles, and oxygen and water availability. Oxidation of the exposed surfaces causes oxygen depletion (Bayah et al., 1984), spontaneous combustion (Rosenblum et al., 1982), or acid mine drainage and resultant heavy metal mobilization (Doepker, 1989). Classified mill tailings or "sandfill" has historically been used as a backfill material in underground metal mines. It is the coarse fraction of cycloned or otherwise classified processed mill wastes. It is used for ground support or ground control, a working floor, a means of waste disposal, control of ventilation, and surface subsidence prevention. Hydraulic transportation techniques of mill tailings have been well developed and documented and has seen widespread application by the industry. The physical nature of this technique places certain limitations on the design of the delivery system and the materials which may be transported. Particle size and velocity must be carefully controlled to eliminate settling and the potential for plugging. The amount of slimes, or fine fraction, is limited so that the water can be decanted and the consolidation can rapidly occur once the fill is placed in the stope. Fill of this type requires engineered structures such as bulkheads, drains, and decants for confinement, as well as release excess water (Smith and Mitchell, 1982). The slimes or fines (minus 0.002 rnm diameter) of the mill tailings are s e p a r a t e d from the mill stream by hydrocyclnnes. The overflow, or fines are then sent to surface ponds for disposal. The underflow, or coarse sands are mixed with make-up water and "flushed" underground through a series of pipes to the targetcd stope for backfill. Typically, hydraulically transported, classified sandfilI is between 60 and 75

443

percent pulp density. Mitchell and Smith (1974) presented calculations to determine hydraulic material volumes from mill streams. drainage requirements, and recommended laboratory testing, More recently, dewatered total mill tailings or "paste fills" have been used for fill. This type of material i s mechanically dewatered, usually by vacuum filters which retains much of the slimes fraction. Because most of the slimes are retained in this dewatering process, the material has a low porosity and does not dewam or consolidate quickly merely via gravity. Therefore there is a need for removing as much of the water as possible. Additionally, cement is added for structural strength. Cement also utilizes residual pore waters during hydration, thus the removal of "free" water from the fill is not requued. The paste- consistency material, consisting of about 80 percent pulp density, is transported by positive displacement pumps (Vickery and Boldt, 1989). Total tailings, "paste" backfill has a low permeability, which restricts groundwater flow and related heavy metal contaminant dissolution and migration through the mass. Possible variations in concentration of heavy metals in the coarse and fine fractions dictate care in determining the contaminant potential of various particle size fractions. Inorganic precipitates have been absorbed more on the silt-sized portion than on the sand particles (Brookins et al., 1982; Thompson et al., 1984 and 1986). Paste fills introduce less water into the active underground mine environment, and reduced surface tailings disposal voIumes. There is, however, more water taken from the tailings on the surface during the filtering operation which must be dealt with effectively, either by recycling to the mill or disposing of in an environmentally acceptable manner. 8.5.7 ABOVE GROUND

DRY TAILINGS DISPOSAL Dry disposal, dewatered tailings, or paste fill is the result of special mechanical drying of the tailings slurry. Such drying could occur by more natural means such as gravity drainage and enhanced evaporation, however, in order to treat relatively large production rates, it is necessary to have mechanical equipment. A summary of equipment available as well as the disposal process has been provided by Robertson, Fisher and Van Zyl(1982). The most common methods of moisture removal m filter presses and belt filters. In the case of filter presses, a pressure technique is used to remove the moisture while in the belt filter a vacuum is applied below a slow moving porous belt on which the material is spread and dried. The filter cake is discharged at the end of the belt and must be moved from that point. Pumping of a tailings paste is possible using special displacement pumps. The capital cost associated with belt filters or filter

444

CHAPTER

8

presses is relatively high and the operating costs are also higher than a regular low density slurry tailings disposal. It must be noted that paste backfill is taking on very high importance in underground mining for stability ad environmental reasons and therefore many underground mining facilities have equipment available to allow dewatering of the tailings. In the past some facilities have re-slurried the tailings in the plant instead of considering the dry tailings directly for disposal. Apart from pumping the tailings with special equipment it is also common to transport the dry tailings on the back of a truck or on a conveyor. Winter operations are often difficult because of freezing conditions, especially on conveyor belts it is difficult to maintain the material in an unfrozen state. When the material has reached the disposal site, it is typically unloaded and placed with earthmoving equipment. The tailings are compacted in the process and it modified surface impoundment is formed. Figure 15 shows a typicaI surface impoundment of dry tailings.

---, I--,

CROSS SECTION X

-X

"DRY" TAtLlNGS DISPOSAl (After CaldwcH and Smrth. undated)

Flgure 15 Typicat surface impoundment of dry tailings.

A big advantage of dry tailings is that ongoing reclamation can be performed thereby reducing the size of the disturbed area at any one time. The surface of the impoundment area can be covered with growth medium and vegetated as the facility develops.

Examples of two applications of dry tailings are the Green's Creek Mine on Admiralty Island in AIaska and the Jardine Mine near Gardiner, Montana. In both of these cases, more tailings liquid is discharged from the tailings than originally expected under gravity drainage. The design of the underdrain system to accommodate such drainage is a very important of the total design. The surface facility can further also be stabilized using cement as an additive to the tailings.

8,6 WASTE ROCK DISPOSAL DESIGN by A. Kent

This section describes and discusses current design approaches for mine waste rock disposal facilities ranging from piles up to 5M)m high located in steep mountainous terrain to mine overburden soil placed i n 5m thick layers over weak alluvium. Consequence-based risk analysis is suggested in response to environmental criticism of rock pile failures. Potentially, the economic health of the mining industry in some parts of the world depends upon a rational acceptance of the possibility of failures, and their consequences under controlled circumstances. Mine rock dumps over 500m high have been constructed or are being planned. Apart from very high dumps, disposal of very weak or highly weathered mine overburden presents challenges with respect to physical stability and environmental control. This section discusses practical experience, and attendant geotechnical issues, affecting mine overburden waste disposal and management. Vandre (1986) has proposed the standardization of methods of geotechnical modeling, and recommended that accepted standards be upgraded as experience is gained. This approach is compatible with the Observational Method which requires the engineer to evaluate possible consequences of his design assumptions being in error. More severe consequences warrant either elevated scrutiny of the standardized analyses or elevated conservatism in setting the acceptance criteria for assessing the results of the analysis. This section is intended to promote appropriate sta~~dards of analysis based on carefully selected precedents since elevated conservatism has negative economic implications. An increase in the frequency of waste dump failures has been observed in recent dewles at coal mines in mountain terrain as production rates have increased. This elevated rate of failure may also correspond to increases in dump height, and rate of disposal (typically dehed as volume per day per unit crest length). In British CoIumbia, (B.C.), Canada, the mining industry, regulatory agencies, consultants, and research groups


have responded at various levels to the actual and perceived problems caused by past failures and ongoing dumping practice. Most importantly, there has been an atmosphere of cooperation and exchange of experience between all parties with the objective of learning from past events and evaluating their real effects. A compilation and review of available data for coal mine dump performance and failures in B.C. was presented by Golder (1987), (1992a). Subsequently, in 1991 and 1992 interim design, operation, and monitoring guidelines were prepared (Piteau (1991), Klohn (1991), and HBT (1992)). In the U.S. various guidance documents for the design of mine dumps have been compiled e.g. V m d ~ (1981), U.S.D.A. Forest Service (1991). Kent (1992) discusses a number of technical issues affecting mountain dumps. Mine waste rock disposal has evolved to the point where safety can be assured and the risks associated with mine waste management can be assessed qualitatively. The quantitative risk analysis of all major dumps is not yet practicable due to some unresolved technical issues. Confidence in the prediction of pore water pressures and of failure runout characteristics needs improvement based on well documentedprecedent. The following sections describe in more detail the potential conditions which may be experienced at various dumping sites. 8.6.1 PLANNING PARAMETERS

Practicable geotechnical engineering must address the typical mining situations described in the following sections.

445

Maximum advantage of topographic containment should be taken. The use of wrap-around dumps to create a series of terraces for final dump surfaces is advisable to promote stability, erosion control, revegetation, wildlife habitat, and to reduce cost. 8.6.1.2 Lowland Dumps

Where topographic relief is relatively flat, construction in thin lifts is practicable, as shown on Figure 17. This practice is compatible with mining economics and appropriate if weak alluvium is present. Also, reclamation and control of surface water is relatively straightforward. 8.6.1.3 Dragline Spoils

Typically, large draglines create windrows of waste material up to about 30 to 40m high. Stability concerns usually are of a short-term nature until coal can be removed, and focus on the presence of weak footwall layers, as shown on Figure 18. 8.6.1.4 Coarse Coal Wash Refuse

This material typically consists predominantly of sand and fine gravel sizes with variable amounts of fines. Design concerns include spontaneous combustion and the prevention of build-up of pore water pressures. This material is a useful construction material for tailings dams and for impact barriers. Erosion may not be a large problem if the coarse refuse is placed and compacted in relatively thin lifts, although it is difficult to revegetate. 8.6.1.5 Process Slag Piles

Slag may be dumped molten or granulated, it is similar to coarse coal refuse but more durable. Foundation slopes typically are gentle for many slag or refuse piles. Deep foundation soil profiles consisting of fine grained soils may fail rapidly as the result of accumulating pore water pressure. 8.6.1.6 Overburden Dozing

Figure 16 Mountain dump scenario.

At some mines the upper barren portion of thick residual soil profiles, may be do7d down to loading points. Relatively rapid loading of benches in the residual soil may result in rapid failures affecting operator safety.

8.6.1.1 Mountain Dumps 8.6.1.7 Pit Backfilling

Large elevation changes in mountain terrain between pits and dump platforms may not be economic, as illustrated in Figure 16. High dump faces often may be feasible, even with some accepted risk of failure. Rehabilitation and re-activation of failed dumps typically is practicable.

An ongoing sequence of mining and backfilling is practicable for some mines. Clearly, active mining beneath active dumping is unsafe. Undercutting inactive dumps is likely to be hazardous. Coarse competent mine

446

CHAPTER

8

Possible Shearing Surface Heave

Shear Strength

DUmD\Lift

3

\

---

/

/

8

> /

d’

/% -/ Depth A

Bedrock

Figure 17 Lowland dump scenario.

LEGEND spoil removed by dragline to expose coal Bentonite or water sofferened mdter/a/

@ Oversteepened Spoil Face

@ Spoil Piled Against Coal @ Adverse Floor Dip @ Weak Layer in Foundation

waste rock will remain stable on moderately steep footwalls inclined at up to about 30 degrees. Fine grained soil or weathered mine rock may remain stable in the short-term, but should be buttressed against completed highwalls in the long-term.

Figure 18 Dragline dump scenario.

are feasible, with certain controls and limitations, and ongoing research is addressing potential technical problems. Full scale instrumented trials are underway in B.C., justified by major economic and environmental implications. Routing of surface flows through abandoned pits or acceptance of some intermittent upstream inundation under extreme events should be considered by mine planners. 8.6.1.9

Figure 19 Rock drain scenario.

Reclamation

Resloping dump faces has become a normal expectation as part of reclamation planning. However, costs are high, potential for blocking underdrainage is significant, and creep and surficial slumping of surficial fines may occur. Long uniform slopes are susceptible to erosion and gullying even if resloped. Much can be lcarned by observing existing old waste piles. Resloping the. terraces of wrap-around dumps is preferable to mass resloping of single long dump faces, as shown on Figure 20.

8.6.1.8 Rock Drains 8.6.1.10 Haul Road Fills

In mountain terrain valley fills may obstruct substantial drainage areas, as shown on Figure 19. Major rock drains

Haul road fills on steep terrain should be monitored in


a) High Dump Faces

447

b) Resloping Terraced Wrap-around Dump

Figure 20 Dump reclamation.

a) Sidehill

b) Valley Fill

A Direction of

I

77-

Contours of Natural ToPograPhy

c) Natural Gully

d) Artificial Gully Flgure 21 Types of mountain dump sites.

the same way as abandoned spoils, particularly if mine or public infrastructure is present nearby in the path of potential failures.

8.6.1.11 Surface Water Control Any measures which retard surface water flow velocities are desirable. Dump platforms should be graded away from dump faces. Terracing of dump faces controls erosion by slowing runoff and by trapping sediment eroded from the sloping face above.

8.6.1.12 Overburden Modeling Modem mine planning computer software is capable of simulating the characteristics of overburden and interburden materials. Bench-scale modeling of the waste

materials should be considered to provide a schedule of anticipated material quality. This schedule can be compared with the scheduled stages of dump development. Conflicts between material quality and critical items such as rock drain formation by segregation should be anticipated and resolved. This approach is preferable to attempting to impose material classification at the point of entry to the mine dump.

8.6.1.13 Operational Involvement Dump development plans must be practical in terms of flexibility and monitoring. Operations personnel must be informed of critical aspects of designs and should be involved with monitoring dump performance and providing essential feedback to the supervising planning engineers.

448

CHAPTER

8

8.6.2 MINE ROCK DISPOSAL SITE CONDITIONS 8.6.2.1 Topographic Settings

Mountains - Figure 21 illustrates typical dumping scenarios in mountainous terrain where relief is large and foundation slopes typically increase with increasing elevation. Plains - The foundations of dumps on broad flat valley floors are more likely to be weak in certain climatic conditions, but are more economical to construct in thin lifts over larger areas than mountain dumps. Very weak foundation materials such as peats may be displaced successfully. Problems may arise later if all of the weak material is not displaced. Field trials are advisable before committing to long-term plans. There are areas of flatter terrain where foundation conditions can be excellent for waste dump construction, for example, the alluvial fans in Nevada.

degrees. Clearly, rapid loading of weak fine-grained lacustrine sediments may result in failure, particularly if no Iayers of pervious soils are present. Thus, careful definition of the extent of drainage is essential for reliable evaluation of performance. Dump heights and overall slopes may be severely limited. Again, field trials offer the greatest confidence for major long-term undertakings. Residual soil foundations may exhibit rapid loss of strength when loaded to failure with dangerous consequences.

Bedrock Dip Slopes - The strength of the weakest stratigraphic unit of a dip slope will controI foundation stability. Extrapolation of strength tests on core samples or block samples should attempt to account for the effective roughness of the strata, particularly if the weakest layer is thin. Coarse mine rock may be supported on dip slopes inclined at angles of up to 30 degrees. Back-analysis of such observations provides realistic designs.

8.6.2.3 Hydrogeology 8.6.2.2

Foundation Materials

This section discusses the influence of foundations materials on the performance of mine dumps. Mountain Slopes Typically in Canada, the foundation areas for mountain dumps are mantled by colluvium consisting of a broadly @d mix of angular rock fragments and silty sand and gravel and glacial till. The colluvial soils are usually in a loose to compact state. The degree of saturation of the colluvium may vary widely depending on the time of year. Saturation is likely to occur after the dump is in place. The glacial tills typically are a silty sand or sandy silt with a trace of clay. The upper 1 to 2m of the till often is in a compact to dense state, and appears to have been softened by processes such as frost action and by root penetration. At depth the till is hard and very competent. For end-dumped spoils on steep slopes, foundation pore water pressure maybe a potential problem. Experience with mountain dumps in B.C. indicates that foundation slopes steeper than about 20 degrees may be cause for concern if the foundation soils are not predominantly granular and free draining. It is a reasonable assumption that such foundation materials ultimately approach saturation. Theoretical analyses of simultaneous loading and pore water pressure dissipation are complex but feasible. Such predictions should be supported by critical back-analysis of past comparable instabilities, because the rate of generation of pore water pressure is difficult to predict reIiably. Saturation, particularly during a spring thaw, of thin colluvium has resulted in failure of inactive spoils or roadway fills on steep terrain, i.e., slopes steeper than 25 I

Water Balance Evaluation - The construction of large mine dumps is likely to influence groundwater systems, as illustrated OD Figure 22. Peaks of recharge are likely to be reduced. Discharge of groundwater may be impeded by poorly draining spoil materials. It is essential to develop a balanced appraisal of the ability of the asplaced spoils to conduct groundwater discharge freely. Failures of inactive spoils are race except if caused by particularly steep terrain or if finer grained spoils as a result of saturation. Clearly, the designer must search for suitable precedent, and must follow up during operations with appropriate monitoring. Fortunately, installation of piemmetry within fine grained spoils is practicable. Techniques for modeling unsaturated flow through spoil materials can be adapted from analyses for unsaturated flow through soil (Chahbandour and Van Zyl, 1994). Failure of fine grained spoil may occur as a result of saturation over the long-term. In the short-term, fine grained spoils may be acceptable without drainage measures provided that stable long-term containment is provided in the event of saturation.

Figure 22 Mountain dump groundwater regime.


449

indicates that mine waste fills on footwalls, which become partially submerged due to flooding after cessation of mining, are not adversely affected in the short to mid-term. The long-term strength of wetted mine rock may decrease gradually. However, the worst outcome is likely to be creep, slumping, and flattening of h e dump face.

8.6.2.4 Waste Material Strength, Durability and Drainage Figure 23 Rock drain capacity measurements.

Assurance is required that the permeability of the spoil is significantly greater than that of the foundation, with extra allowance for the possibility of springs, and taking into account final spoil thicknesses. Rack Drain Evaluation - Campbell (1986) describes the results of monitoring the performance of a rock drain beneath a 50m high waste dump. The results indicate that flow-through capacity (cubic meters per second per square meter of gross wetted cross section) decreases with increasing thickness of waste rock above the rock drain, as shown on Figure 23. Other instrumented studies of high end-tipped dumps are in progress. Long-term degradahon of mine rock in the basal zones of waste dumps is not a major concern. The interior of waste dumps is a relatively stable environment in terms of temperature and humidity. The particles which reach the toe are likely to be the most competent and durable available. Major long-term rock drains will not be satisfactory if rock quality is poor. The design of rock drains must be integrated with reclamation plans. Downslope dozing to flatten dump faces may not be compatible with rock drains formed by the natural segregation of coarse competent rock particles, and their accumulation in the region of the dump toe. Construction of ultimate dump surfaces by a series of wraparound dump platforms is preferable. Evidence of deep-seated distress which can affect drain performance among inactive or reclaimed mountain mine dumps is uncommon. Nevertheless, mine operators should remain vigilant, parhcularly where infrastructure lies within the runout paths of potential failures. Campbell (1990) addresses concerns regarding blinding of rock h n s by sedimentation and degradanon. Monitoring of one instrumented rock drain over a 10 year period has indicated that no significant reduction in through flow capacity has orxurred. Discussion of the durability and degradation of rock drain material is given elsewhere. Erosion protection against peak discharge should be provided for long-term dump faces.

Efects of Parha1 Submergence

-

Practical experience

The selection of the distribution of appropriate material parameters within mine dumps for design is a major challenge, particularIy if no local experience is availabIe. This section discusses some of the factors that may influence this process. Efects of Mode of Dispusal End-dumping on high faces - Commonly, the waste rock mined by truck and shovel is dumped over the crest. Large trucks are used to haul the waste rock to the dump. It is well known that segregation of particle sizes occurs as the waste rock moves down the face of the dumps. The largest and most durable fraction rolls to the dump toe. This zone of coarse segregated rock becomes covered as the dump face advances and results in beneficial basal drainage. Internally, the dump is multi-layered with sequences of alternately coarser and finer material digned parallel to the dump face. Evidence of this stratigraphy was presented by Campbell (1986). Figure 24 shows the results of a scale model of segregation. Lift Construction - Construction in relatively thin lifts will result generally in a more homogeneous deposit of waste material. Special drainage layers may be necessary to prevent saturation of the spoil. Mine Rock Quality Prediction - The strength, durability, and size of waste material varies considerably from site to site, and upon individual site geology a d mining practices. Broad generalizations as to the expected quality of material can be developed, and the design engineer should attempt to characterize the likely range of material strengths, durabilities and sizes anticipated, and their tendencies to vary as mining proceeds. Planning of critical phases of dump development can minimize situations where anticipated poorer quality waste might exacerbate other adverse conditions such as steep topography, or might disrupt the formation of a coarse rock drain in the base of a drainage. General pit geotechnical assessments will yield information on rock type, strength, and durability. Observation of actual behavior of each principal rock type when exposed to the elements should also aid the

450

CHAPTER

8

Direction of Advance ____)

Sampled segments of vericaI column

10

1.0 GRAIN SIZE, mm

GRAVEL SIZE

0. I 0.06

I

SAND SIZE

Flgure 24 Non-Linear strength for rockfill.

engineer's judgment. More difficult to assess, particularly for a new project in a new area, is the expected range of particle sizes. However, careful review of the pmposed blasting design, and comparison with other mines where similar bedrock strata are being excavated, will often yield adequate information. Spoil Stratigraphy - As indicated on Figure 24, it is to

be expected that fines from one layer of an end-dumped spoil would not be able to pass through lower coarser layers. Evidence of significant internal erosion within mine dumps has not been observed in the field. However, the engineer should examine relevant past experience and justify his assumptions accordingly. Strength - Unless a sudden collapse mechanism, involving saturated or near-saturated relatively finegrained spoils, is considered possible it is probably adequate to assume frictional strengths equal to or slightly greater than the observed angle of repose. Relatively small overestimates of the drained strength of spoils are unlikely to result in serious failures. Uhle (1986) has compiled a database of potentially relevant strength test results. Judgement is required to select appropriate test materials in terms of gradation and

relative density. These parameters and their variation within end-dumped spoils must be appraised by the engineer. Other practical strength relationships have been developed by Leps (1970) on the basis of test data, as shown on Figure 25, and by Barton and Kjaernsli (1981), based on comparison with the behavior of loose jointed rock masses. 60

1

1 70

IW

1033

10

om

Coofioiflg Stress IkPa)

Figure 25 Non-Linear strength for rockfill.

Durabifio - Durability criteria depend on individual design requirements. Durable materials are r e q d in basal rock drains and where long-term armoring is

SYSTEMS DESIGN FOR SITE SPECIFIC ENVIRONMENTAL PROTECTION required. Campbell (1986) has inferred the effects of increasing stress on the porosity of coarse sedimentary mine rock at one rock drain site. The USFS (Vandre, 1993) propose a specification for durable mine rock intended to serve as long-term "permanent" facing of spoils. The specification utilizes tests for the specific gravity, absorption, a d compressive strength to classify the durability of rock particles. In addition sulfate soundness durability tests are considered to provide good indications of degradation resistance. Evidence that degradation of mine rock occurs at depth withm dumps has not been established. Degradation is likely influenced greatly by changes in temperature and humidity. These parameters are not expected to fluctuate greatly at depth within a dump. Experience with the excavation of the base of one coal mine spoil, some ten years after dumping, indicated negligible degradation. More such examples are required. Other evidence would include observations of abandoned spoils. Construction of mine dumps in relatively thin lifts may be required for non-durable materials or may be convenient if the terrain is flat. The performance of the dump is more likely to be controlled by the finer portion of the feed material from the pit. Characterization of the finer portion of the waste material is straightforward. More compaction of the waste material is likely to occur. The potential requirement for provision of drainage measures to conduct groundwater discharge must be evaluated. 8.6.2.5

Geochemistry

Acid generation from sulfide waste rock is a significant concern. Geochemical characterization is described i n Section 7.2.1. A number of mitigation measures can be considered if acid drainage occurs. These can be broadly classified into sourcc control and migration control (collection and treaiment). Interception and treatment of the acid drainage from a dump is a major long-term cost. Perpetual collection and treatment must be assumed and covered by a reclamation bond. The net present value of the reclamation bond at the mine is b a e d on the results of modeling. Acid generation and migration can be minimized by sealing off ingress of oxygen and water as much as practicable. Alternatively, complete inundation by water may be feasible. For example, soil covers with a relatively low permeability of c d s e c may reduce peak rates of acid generation by more than 90 per cent. Knapp, Schaver, Pettit et al., (1992) describe the Reactive Acid Tailings Assessment Program (RATAP) computer model and correlate results with field measurements of the acid generation in a sulfide-rich mine waste rock dump.

451

The diffusion of oxygen through a compacted soil cover is modeled on the basis of laboratory testing. The results are affected significantly by the moisture content, as is the liquid permeability. The RATAP model considers the acid generation from fine and coarse particle sizes separately. Oxidation of pyrite results in the degradation and fracturing of larger particles. Peak acid production rates increase as the fines content increases and c sustained for longer durations. The internal temperature of the pile affects a i d generation which is an exothermic reaction. The RATAP model accounts for temperature variations, based on calibration with field measurements. The transport of oxygen through a rock pile is modeled on the basis of the void space and moisture content estimated for the mine rock and the laboratory testing of diffusivity and permeability of the soil cover. The results of simulating several soil covers of varying degrees of compaction are shown in Figure 26. The principal concern should be the selection of realistic, and conservative, parameters which incorporate field variations in mine rock and soil cover properties over the long-term. Decline in the rate of acid production is very slow and may accelerate rapidly if the cover is compromised. Thus, care and maintenance of the cover system must be considered a very long-term requirement.

" H

Y /

2 T

I

5

2 m

it-

k

e

--------------

i

d

Compacted Law Permeability Cover

l

0

O

70

L

I

I

I

20

3u

40

f I

Time (yews)

Figure 26 Acid generation modeling for soil covers

Much has been published about acid generation processes and controls. The interested reader should refm to conference proceedings and publications of the Canadian MEND program.

8.6.2.6 Construction Methods The influence of various possible construction methods on waste material parameters was described in the preceding section 8.6.2.5. This section highlights the main influences of construction methods on dump performance.

Lift Thickness - High dumps constructed in thick lifts experience large deformations but may have greater capacity to conduct surface runoff. The risk of failure of

CHAPTER

452

8

such dumps generally is greater than for dumps constructed in thin lifts. However, underdrainage to intercept groundwater andor purpose-built rock drains m likely to be required for dumps constructed in thin lifts. Weak Foundations - Displacement of very weak foundation materials is feasible, as illustrated in Figure 27 but must be carefully controlled. The inadvertent inclusion of weak soils within lower dump lifts may fundamentally jeopardize the stability of subsequent dump lifts.

.

.

. WasteMeterial

-

wry soft

Founda ?ion

.

-

.

..

.

.

'

. . . : . ' . .. . .. . . , . . . . . . . . --I_ 7 Possible Uncertain i Displacement /,..,

,

'

A

'

,

Competent Soil and/or Bedrock

Figure 27 Displacement of very weak foundations.

Loading Rate - The rate of loading of foundation soils is much lower for construction in thin lifts than for enddumping. For example, a loading rate in excess of about 200 bank cubic yards per yard of crest length per day may result in marginal stability for a dump up to lo00 ft high, due to accumulating foundation pore water pressures. Control of waste material quality relies on operational judgement but pro-active planning should try to schedule with respect to critical phases of a particular dump development, such as the formation of rock drains. 8.6.2.7

Practical Monitoring

The over-riding requirement for instrumentation of mine dumps is simplicity and robust construction. HBT (1992) conducted a review of available methods. Simple manual and automated wireline extensometers are effective for high mountain dumps, as illustrated in Figure 28.

/

Lipht weight portable

tripod stands

)

SUIP We

Figure 28 Wireline extensometer and typical monitoring results preceding faidures.

e

Any foundation or internal dump instrumentation must take into account possible deformation anticipated during or following construction. Foundation or internal instrumentation may not be practical if large deformations are expected. The control of stability using such instrumentation and preset criteria for cessation of dumping is not advisable. Situations may become uncontrollable if the instrumentation or its connections fail at critical times. Instrumentation may serve to c o n f m design assumptions where small deformations and relatively large factors of safety are expected. Criticism that wireline monitoring of high dump crests can be misleading is unfounded. The key objective is the detection of trends of accelerating movement rather than the absolute measurement of total displacement. Ongoing research includes the monitoring of rock drains and development of sensors capable of burial within or beneath dumps without pressure tubing or electrical connection leads. Monitoring of acoustic emissions from the fracturing of mine rock particles has been proposed by various workers but has not yet been demonstrated to be a practical approach. Special situations, such as dumps adjacent to critical infrastructuremay warrant a trial of the method. 8.6.2.8 Observed Performance

Typical Deformation of High Dumps - Detailed geometric measurements of the normal deformations of dump surfaces or of the post failure geometries of high mine dumps axe not commonly available. Eyewitness accounts of dump failures are few. Typically, an active slide is enshrouded in a dust cloud. Thus, precise definition of failure surfaces is not available. However, field observations of dump surfaces preceding failure events, and during normal operations, can provide meaningful indications of their internal geomechanics. Waste rock tends to be in a relatively loose state when end-dumped. Deformation occurs internally and on the surface due to both compressive and shear strains. Surveys of dump surface movement have measured vector directions inclined at between 50 and 60 degrees below horizontal in the vicinity of the dump crests. ?he magnitude of hsplacement decreases with increasing distance behind the dump crest, diminishmg to negligible values within a setback of about 30 per cent of the dump face height. Patterns of horizontal striations or ridges i i commonly observed over the upper part of the dump faces, These patterns are interpreted to be the resuIt of the sbain within the upper portion of the dump, associated with Active Rankine stress conditions. These conditions result from both internal compression and shear deformation within the lower portion of the dump. Figure 29 shows the results of survey measurements on the face of a dump about lOOm hqh, supported on a

~ ~

SYSTEMS DESIGN FOR SITE S P E C I F I C ENVIRONMENTAL PROTECTION foundation slope inclined at abour 20 degrees. The vectors near the crest were inclined at 50 to 60 degrees, agreeing with model testing, stability analyses, and other observations. The direction of the vectors show a trend of flattening with decreasing elevation, probably corresponding to deformation along the dump-foundation contact zone.

q 10

zot TOTAL LENGTH OF FACE cx l O O m TOE SLOPE 3 2 0 0

W

2

50

_I

P

II

6oo

I

I

I

1

1

10

20

30

40

50

I

I

60

70

-

CREST

TOE

DISTANCE OOWN F A C E i r n l (After Mac Roe)

Figure 29 Survey measurements for high dump face.

Failure Modes - Figure 30 shows typical modes of failure inferred from the available records. A commonly inferred mode is termed the double-wedge mechanism. as illustrated in Figure 31. This mechanism is analogous to the development of the Active Rankine state in the backfill of a retaining wall. In this analogy the toe region of the dump is the retaining structure, which is capable of deforming sufficiently that the Active condition occurs within the waste material above and behind the toe. Oversteepening of the upper part of dump faces is quite common due to the presence of relatively fine-grained material in the region of the dump platform. Sliver failures of the oversteepened upper face typically involve a relatively small volume of material, and the failure runout is minor. Bulging of the dump face is often detected, with deviations of up to about 5 degrees steeper than the typical angle of repose of 37 to 38 deg. The bulging may progress to a failure of moderate size. Rapid loading of localized foundation areas mantled by lightly consolidated fine grained soils may cause toe spreading. Highly mobile slides have occurred where larger areas of surficial saturated organic soil have been loaded rapidly by sliding debris. Deep-seated sliding surfaces have not occurred in high mountain dumps often because most mountain side-slopes are underlain by overconsolidated soils or bedrock at relatively shallow depths. Usually, potential dump sites underlain by lightly consolidated soils have been avoided.

453

Failure Iktabase - Golder (19871, (1992a) and (1993) provided a database of up to 50 mine dump failures in B.C. over the past 25 years. The nature of the failures, the runout of the sliding debris, and the environmental consequences were examined in these references. Examples of failures are discussed by Campbell and Kent (1993). Few experienced geotechnical engineers have been eye witnesses to these events. Also, comprehensive investigations, such as might be undertaken following civil failures of comparable size, have not been typically undertaken. Thus, caution is advisable when interpreting accounts of failure mechanisms. Nevertheless, the professional engineer has a responsibility to avoid undue conservatism by designing on the basis of practical observation and its interpretation.

Effects of Climate - The presence of a waste rock dump within a watershed tends to reduce peak flows, and to increase base flows. Heavy rainfall may exacerbate pre-existing conditions which are near to failure. Such conditions may include steep foundation slopes or excess pore pressures generated by strain within foundation soils. The available meteorological records indicate that the incidence of failures increases during spring thaw when recharge and discharge can be expected to peak. Snowfall normally is not a major problem for active mine dumps. It is conceivable that shallow burial of thick layers of snow could lead to instability but them are few such instances documented. In one case an abandoned dump on steep terrain failed, apparently as the result of thawing of old snow and ice. Simple but effective crest monitoring provided ample warning for the protection of men and equipment.

Erosion urtd Sediment Control - The treatment of sediment laden runoff from mine dumps and slide debris is proven to be effective using suitable settling ponds and by the addition of flocculants during major storm events. Some mine environmental staff assert that passage of mine runoff through waste dumps and dump slide debris results in improved water quality. Golder (1993) present the results of a survey of the environmental, public and operational consequences of selected dump failures. Detailed documentation of such outcomes may provide an acceptable basis for the future design of mine dumps and water treatment facilities.

8.6.3 DESIGN GUIDELINES This section is intended to provide guidance in the overall design process. Standardization of design methods for clearly defined categories of dump situation is desirable for expecllent design and regulatory approval. More generalized procedures and broader classifications

454

CHAPTER

8

(8) DOUBLE WEDGE

(D) INTERNAL LIQUEFACTION (FIN E-G RAINED SPOl LS)

Figure 30 Typical failure modes.

-

SYSTEM5 DESIGN FOR S I T E SPECIFIC ENVIRONMENTAL PROTECTION

A c t i v e Wedge

Dump Foundation

Figure 31 Double-wedge failure mechanism.

are likely to resuIt in more costly and conservative designs.

8.6.3.1 Risk-Based Approach

A risk-based approach to dump design provides a rational site-specific design framework, if acceptable to regulatory authorities. Standardized analytical methods and assumptions can be incorporated into the framework. Explicitly documented risk analyses result in up-front acceptance or dispute of prcdictsd dump behavior. Subsequent performance monitoring information can be fed back into the framework during dumping operations. Overall, risk is defined as the combined effect of possible hazards, potential modes of failure, and of potential impacts of failures. Prediction of the likelihood of potential failure impacts rcquires the estimation of the runout behavior of slide debris and its resulting impacts on the environment, on the public, and on mining operations. Risk analyses can be conducted in a variety of ways,typically sub-divided into qualitative and quantitative methods. Studies of the application of riskbased approaches to the design of mine waste dumps in British Columbia have described possible qualitative and quantitative approaches (Morgan, 1992; Golder, 1993). A risk-based classification of mine dumps has been suggested as a tool that will assist designers to determine the scope of design effort required and to demonstrate the present and future security of the dumps to the client, regulator and public. Risk-based classification should be developed on the basis of an intimate understanding of the technical processes which link causes to their effects, i.e., failure modes to the impacts they cause. Prediction of consequence can be sub-divided as follows: Runout prediction in terms of expected distance, ideally a probability density function, but practically characterized as upper and lower bounds, and expected values; and, Prediction of impacts of the runout in terms of water quality, habitat quality or loss, nature and cost of reclamation and clean up, and nature and cost of

455

mitigation measures such as barriers or deflection berms. Ideally, the ranges of these impacts should be expressed as probability density functions, but only qualitative assessments are practical. Golder (1993) studied the consequences of failures, and presented an objective review of case histories in terms of documented consequences and costs. The study characterized the consequences of mine waste dump failures, and developed a database. Consequences of a biological nature were rated in accordance with the impact significance definitions proposed by Conover, et al., (1985), as presented in Table 5, and which are generally used to describe impact significance in current environmental impact assessments. Impacts related to total suspended solids (TSS) are related to the permitted levels specific to each waste dump, although the question of TSS duration above permitted levels has not been addressed in the literature. The overall impacts of the events are derived using the data base and consequence rating for each failure event. Figure 32 shows a three- dimensional representation of the measured impacts of a selected group of mine dump failures. This type of data presentation provides a useful basis for risk assessment. Consider the scenario of large mine waste dumps (100 to 400m high), in steep mountainous terrain, operated under severe economic constraints. A dump, situated on very steep terrain, with a high probability of failing, may be located well away from any infrastructure, with a large sediment control pond downstream. The consequence of the dump failing may be small in terms of the effect on water quality downstream of the sediment control pond. Thus, the overall level of risk posed by the dump to the environment may be low. Alternatively, a high dump founded on relatively flat and generally competent terrain may pose an unacceptahly high risk if the dump is located immediately adjacent to a major element of infrastructure such as a tailings pond or a busy railroad. The consequence of even a relatively small sliver failure may be unacceptable in terms of the cost of repair, lost production, or loss of life or injury. There is sufficient observational experience from the past 25 years to identify levels of hazard for each possible failure mode with reasonable certainty, despite several technical limitations of predictive modeling and monitoring. Most major mine dumps have been operated safely, with minimal loss of life, injury, or damage to infrastructure. Impacts on the environment have been variable. Traditionally, the adequacy of a dump design has been rated through a set of factors of safety with respect to stability for various stages of development. The factor of safety serves as a catch-all for the possible adverse effects of unfavorable conditions. Certain values of the factor of safety are interpreted differently by

Major Moderate Minor Negligible

n

No Conseq.

CONSEQUENCE ASSESSMENT MlNE WASTE DUMP FAILURES RATING Major Impact (long term)

ENVIRONMENTAL

MINE OPERATIONS

PUBLIC

mortality

lost reserves

loss of life

habitat loss whole population

equip./infra. lossed dump lost

IOU of land high costs

TSSAand use Moderate Impact (medium term)

no mortality

dumping interrupted

serious injury

habitat replaceable portion of population TSSAand USE

aquipAnfra. damaged capacity affected long hauls

land reclamable moderate c o ~ t s

Minor Impact (short term)

no mortality

slight interruption

no infuryfloss o f life

habitat replaceable

slight damage

land slightly aftectsd

localized group TSSAand use

capacity not affected hauls not affected

low

no mortality

no interruption

no habitat lossed no effect on pop. TSSnand use

no damage

no injurynos of life land slighlty aftecrid

No Impact

no interaction

no interaction

no interaction

Positive Impact

population increase habitat improvament

cost savings

cost savings

Negligible Impact

OOStS

mimum costs

Figure 32 Three-Dimensional representation of dump failure impact rating.


457

Table 5 Biological Consequences. Impact Significance Major Impact

This impact is one affecting a whole stock or population of a species in sufficient magnitude to cause a decline in abundance andlor change in distribution beyond which natural recruitment would not return that population, or any population or species dependent upon it, to its former tevel within several generations.

Moderate Impact

This impact is one affecting a portion of a population that resutts in a change in abundance andlor distribution over one or more generations, but does not change the integrity of the population as a whole. The impact may be localized.

Minor Impact

This impact is one affecting a specific group of individual sin a population at a localized area andlor over a short period of time (one generation or less), but not affecting other trophic levels or the integrity of the population itself.

Negligible

This impact is one affecting the population or a specific group of individuals in a localized area and/or over a short period in such a way as to be similar in effect to small random changes in the population due to environmental irregularities and having no measurable effect on the population as a whole.

No tmpact

In some instances either no interaction occurs, or the interaction does not result in any impact of any sort.

Positive Impact In some cases a positive impact may be identified, using the Sam definitions as above, with the positive nature of the impact being described. Note:Conover, et al., (1985) describes a biophysical rating methodology using four population-basedcriteria (major, moderate, minor and negligible), a no impact and a positive impact criteria as listed above.

Teble 6 Example of Qualitative Risk Assessment Hazard

Exposure

Conseauence

Risk

Extent of Impact

Overall Effect

Fish Affected

Occasional slides reduce habitat quality for short period if pond spills

Initiating Effect

Immediate Effect

Mitigation

Major Dump Slide

Sediment Erodes

Pond

Low Likelihood

Low Hazard

High Likelihood over Short Term

Removes Sediment

Contaminated Water Spills

90% Effective Sediment for 95% of Time

Concentration 1,000 * 10,000 mg/l

Low Exposure

different individuals, leading to varying levels of concern if the design fails to perfom as expected. The implicit consideration of both hazard and consequence is built into th~sinterpretation of the factors of safety. Systematic and explicit description and evaluation of risk for each component of each available alternative for a dump disposal project apportions the responsibility for

Moderate Loss of Growth & Mobility

Low Very Low Overall Consequences Risk

design, approval, and operation fairly between the mine operator and the regulator. This process clearly explains the benefits and potential deficits for each alternative in terms of cost, environmental impact, and public concern. Risk analysis is now being applied to mining projects with varying levels of sophistication, both qualitatively, Van Zyl and Bamberg (1991) and

458

CHAPTER

8

quantitatively, Kent, Roberds and Van Zyl (1992). Examples of the results of each of these levels of study are shown on Table 6 and Figure 33, respectively. The analyses can be used to focus design studies costeffectively in the areas of greatest risk. The explicit nature of the process can serve as a vehicle for communicating both cost and risk to all concerned. The concept is simple and good communication with both regulatory authorities and the public benefits the mining industry. 500085%

+ I smd. dev Mean - 1 dtnd d e v 5%

1000

0 10

20

30

40

period storm flows generally are efficient in mitigating runoff generated from waste dump failure events in the short and long-term. Mine operations are inevitably affected by failure events because of the need to find alternative dumping locations while the waste dump stability is confirmed and the failure crest is rehabilitated. Qualitative evahations, based on conceptual engineering and judgment, should be performed first. Subsequently, quantitative risk computation may be considered only if the effort and cost is justified and the waste system model is well understood. The selection of any method of risk analysis should remain the prerogative of the mining company provided that the approach is explicit and is based on fundamentally sound scientific relationships and parameters. Uncertainty may be compounded by instituting generalized rating systems. Evaluations should be site-specific. based on geotechnical analysis and prediction of performance; comparison with relevant precedent; engineering judgement; and consequence analysis, The approach should be graduated, as follows:

WCS ALTERMATIYE

Figure 33 Quantitative assessment of mine waste alternatives.

The development of methodology for predicting the consequences of dump failures consists of prediction of the behavior of the failure debris, Le., runout distance and direction, and prediction of the consequences of the failure runout. Data on the characteristics and runouts of over 40 mine dump failures have been collected, providing a basis for empirical prediction based on analysis of selected comparable case histories.

Application to Mine Waste Dumps - Table 7 shows an example of a dump stability assessment and a qualitative risk analysis. The information presented in the table provides an explicit basis for subjectively or qualitatively evaluating risk. This approach, while not difficult, reqwres thorough and detailed analyses, and has been well received by both mine planners and regulators in British Columbia. Generally, the consequences of mountain dump slides vary according to the time of year, the facilities in the potential runout path, and the remedial action taken immediately following the event. In the majority of cases studied by Golder (1993), the slide runouts remained within the approved ultimate dump limits and have since been covered by waste material. Settling ponds and drainage control structures, designed to handle sediment loads generated by spring runoff, 24 hour precipitation events, and 10 year return

I ) Conceptual design of dump stages, evaluating risk and cost qualitatively. 2) Feasibility design, investigation.

including

focussed

site

3) Final design specifications, including management and monitoring procedures. 4) Monitoring

during operations, desigrdperformancereview.

with

periodic

5 ) Abandonmentklosure design, taking into account past dump performance.

8.6.3.2 Stability Analyses The prediction of hazards of dump construction should include assessment of the following aspects: Probable variations in dump foundation soil and groundwater conditions. Expected variations in waste rock material strength, gradation, and durability. Stability of planned stages of dump development in terms of foundation topography under the dump toe and direction of advance. Rates and methods of construction.

III-RECL-AIMED

14 0

14

C D

C

2.5

60

300

420

320

[I] RISK OF OuTcoME OCCURRING AS A RESULT OF EVENT

251

120

I200

III

14

B

5 .O

376

120

800

ll

11

A

11.1

157

50

800

I

27

37

37

37

37

1.9

2.4

1.5

1.4

1.5

SUMMARY OF STABILITY ASSESSMENT AND RISK ANALYSIS SOME CREEK WASTE DUMP HAZARD ANALYSIS ANALTOE FACE FACE INDIG DUMP CREST LOAD- LOAD CREST RATE ADVYSIS LOP HT ANGLE ATED STAGE LENING GTH (BCYI (BCM ANCE CROSS- (deg) (m) (deg) SAFETY (fi) DAY) /M/ RATE SECT. FACTOR (*1000) DAY) (m/ DAY)

I

IV

PWP-DUMP

IV

VUEL

EL

PWP-DUMP

Iii

MOD

LOCALSAT VL 0RGAN.FNDN PWP-FOUN VUEL

II

FINESMIRA

IV

EL

PWP-DUMP

In

MOD

EL

LOCALSAT VL ORGANFNDN PW-FOUN VUEL

IV

VL

II

PW-DUMP

III

FINESMRA

LOCALSAW ORGAN.” PWP-FOUN

n

VL

MOD

I

FINESMRA

I

LONG

1700

3000

700

SHORT

SHORT

15

10

1000

350

15

10

40

20

3

SHORT

SHORT

SHORT

SHORT

SHORT

SHORT

SHORT

SHORT

SHORT

SHORT

(M3* 1000) 1

VOL.

H H M M

OBSTRUCTSCRK INCRSEDMENT OBSTRUCTS CR INCR.SEDIMENT ENTERS CRK

INCRSEDIMENT OBSTRUCTSCRK

ENTERS CRK

INCR.SEDIMENT INCRSEDIMENT OBSTRUCTSCRK

ENTERS CRK

>3000 INCR.SEDIMENT OBSTRUCTS CR CROSSESROAD >3000 INCR.SEDIMENT CROSSES RLAD

400

3000 INCRSEDJMENT OBSTRUCTS CR CROSSESROAD

683

-

2.900-

I-

w

-

2.700 -

z

-

2- 2.500-

I ! c 4

2.300

-

Lawson tunnel

L. 1

uu

NOTE: Hornet Mine workings not shown

1000 FEET

0 I

0

l

l

I

l

l

250 METERS

Figure 2 Cross section through Iron Mountain, showing location of Richmond and Hornet Deposits, Richmond Adit, and Lawson Tunnel.

underway based on a second Record of Dccision reached in September, 1992. Remediation on two more operable units is being planned. 18.2.2 HYDROLOGY

AND GEOLOGY

The topography of Iron Mountain is steep and rugged; Iron Mountain rises about 3000 feet above the Sacramento Valley (approximately 3585 feet above sea level). The summen are hot and dry, the wintcrs cool and rainy with occasional snow. Average annual rainfall at the top of Iron Mountain is estimated to be about the same as that measured at Shasta Dam: 60 inches over a 47- year period (range on annual average for 1944-90 is 28- I30 inches; Alpers and others, 1992). Slickrock Crcck and Boulder Creek drain thc south and north sides of Iron Mountain, respectively. These two tributaries of Spring Creek carry the acid mine drainage and eroding waste and tailings piles from the mountain and the Spring Creek drainage transports them to the Sacramento River (Figure 1 ). 3efore reachng the Sacramento River, Spring Creek is retained by the Spring Creek Debris Dam built in 1963 as part of the Central Valley Project. The releases from this dam are metered at an amount that should be sufficiently diluted by Shasta Dam releases so that no fish kills should occur. On several occasions since 1963, however, the capacity of Spring Creek Reservoir has been exceeded and uncontrolled releases over the spillway have caused fish kills. During FebruaryMarch. 1992, an additional IO0,OOO acre-feet of water were released from Shasta Dam to provide the necessary dilution of a Spring Creek Reservoir spill and to prevent fish kills below Keswick Dam on the Sacramento River. This event

occurred when deliveries of water to fanners from the Central Valley Project were at an all-time low due to 6 years of consecutive drought, so the cost to the U.S. Bureau of Reclamation in terms of lost revenue was substantial. Natural landslides as well as erosion of waste piles and tailings piles has also occunrd a n the 4,400 acres of mining property. The mineral deposits are primarily massive sulfides, composed of large single masses of up to 95% pyrite with variable amounts of chalcopyrite and sphalerite to average about 1% copper and about 2% zinc. Some disscminatcd sulfides occur along the south side of Iron Mountain. Trace quantities of several other metals a d metalloids occur in the mineral deposits including gold, silver. lead, cadmium, arsenic, antimony, vanadium, cobalt. and thallium (based on relative concentrations of these constituents in the acid effluent). The deposits are of the Kuroko type having been formed along an islandarc in a marine environment (Albcrs and Bain, 1985). The country rock is the Balaklala rhyolite, a spilitized Devonian rhyolite that has undergone regional metamorphsm during episodes of tectonic collisions of oceanic crust with continental crust. The nature of the altered igneous bedrock gives rise to a predominance of fracture-flow hydrology at Iron Mountain. The Copley greenstone, an altered basalt, underlies the rhyolite and is approximately contemporaneous. Part of the region shown in Figure 1 to the south of Iron Mountain is the Mule Mountain stock, a trondhjemite-albite granite, considered to be cogenetic with the Balaklala rhyolite (Albers and others, 1981). The mineral composition of the rhyolite is albite, sericite, quartz. kaolinite, epidote, chlorite, and minor cakite. Studies by Kinkel aad others (1956), by Reed

684

CHAPTER

18

(1984), and those in the special issue of Economic Geology (1985, vol. 80, no. 8) have documented the chemical composition of both the ore minerals and the non-ore minerals. These studies also provide information on relative abundances of minerals and isotopic compositions. Weathering of massive sulfides near the surface has given rise to a large gossan outcrop at the top of Iron Mountain, enriched in gold and silver. The extent of the exposure suggests that significant quantities of sulfides were oxidized during weathering and eroded &fore humans discovered the site. Some of the gossan material is found several hundred feet below the surface (Kinkel, and others, 1956). Secondary enrichment in the upper zones of the massive sulfides and just below the gossan resulted in high concentrations of copper (510%) and silver (about 1 ozlton). These observations suggest that large quantities of metals have been mobilized over geologic time. Three main massive sulfide mineral bodies, known as the Brick Flat, the Richmond, and the Hornet occur at Iron Mountain. These are thought to have been a single massive sulfide body about a half-mile long (well over a half-mile if the offset Old Mine mineral deposit is included) over 200 feet wide and over 200 feet high but offset by two normal faults (seeFigure 2). All three of these bodies have been mined and the consequences of mining include altered groundwater conditions and highly contaminated surface waters originating from portal effluent waters.

18.2.3 MINING HISTORY A brief history of mining has been compiled from the review by Kett (19471, the reports of CH2M Hill contracted to the U.S. Environmental Protection Agency (EPA), and various publications of the California Department of Mines and Geology. Gossan outcropping was dscovered in the 1860s and Iron Mountain was seed as an iron mine, although nothing was mined at that time. It was not until 1879 with the discovery of silver in the gossan that plans for mining began. From 1879 to 1894 silver was mined from the gossan by three partners and in 1894 it was sold to British interests who formed the Mountain Mining Company, Ltd.in 1895. Large massive sulfide deposits were discovered beneath the gossan in 1895,and smelters were built at nearby Keswick to process the ore which was transported on a narrow-gauge railroad from Iron Mountain to Keswick. In 1897, the property was transferred to Mountain Copper Company, Ltd. of London, which maintained the operations until 1967 when it was purchased by Stauffer Chemical Company. Iron Mountain Mines, Inc. took over the property from Stauffer at the end of 1976. Copper mining ceased in 1919 due to a decrease in

the market price of copper and only very limited a d intermittent copper mining took place until World War II, when the U.S.Government subsidized the production of copper and zinc. About 5.2 million tons of sulfide ore have been mined by underground methods from Iron Mountain. From 1955 to 1962, 9.5 million tons of waste from the top of Iron Mountain was removed, a d an 600,000 tons of pyrite was open-pit mined for sulfuric acid production. More than 2.6 million tons of gossan were mined for gold and silver. Most of the gossan was mined and processed by cyanide extraction from 1929-1942. Copper cementation was also used to extract copper from the effluent mine waters. From 1962 to the present it has been the only active process for metal recovery but it has also served as a remediation measure to decrease the discharge of copper to the Sacramento River. 18.2.4 ENVIRONMENTAL CONTAMINATION

Acidic mine waters contain three essential ingredients: pyrite, oxygen, and water. Although these are necessary constituents, the amount and rate of acid production can depend on many factors such as the concentration of pyrite, the temperature, the availability of alkalinityproducing or neutralizing agents (such as carbonate strata), the oxygen transport rate, the water flow rate and flow path, and the microbial gruwth rate conditions (also see Chapter 13). Conditions at Iron Mountain are nearly optimal for the maximum production of acid mine waters from pyrite oxidation. The concentration of pyrite is nearly 100% in single large masses excavated by tunnels, man ways, and stopes that allow rapid transport of gaseous oxygen by advection. The massive sulfides are at or above the water table so that moisture and oxygen are always present. The airflow is probably aided by thermally driven convective cells due to the high heat output from pyrite oxidation. About 1,500 kilojoules of heat are released per mole (or about 120 grams) of pyrite. The average discharge from the Richmond portal indicates that about 2,400 moles of pyrite oxidize every hour, producing about 1 kilowatt of power or almost 9,OOO kilowatts per year! In the early days of mining the Iron Mountain massive sulfides, fires were frequent and before proper ventilation was installed, temperatures of 430°F (221°C) were recorded at the ore surface (Wright, 1906). The presence of the mine workings draws down the water table and pulls water toward the sulfide deposits at Iron Mountain where the pyrite oxidation reaction occurs. The resulting acid mine waters drain by gravity flow out the major portals of the Richmond mine, the Hornet mine (Lawson tunnel), the Old Mine, and the No. 8 mine. Sulfide oxidation in the Richmond mine workings has led to the most acidic effluent (pH = 0.02 -

ENVIRONMENTAL CASE STUDIES FROM THE HARD ROCK INDUSTRY 1.5) and the highest concentrations of metals and sulfate for any surface water in the area; sulfate has been measured as high as 118 grams per liter (Alpers and others, 1992). In addition, the Richmond portal discharge has had the highest recorded flow rates (as high as 800 gallons per minute) of any mine portal on Iron Mountain. Note that the major cations are iron, aluminum, and zinc, and that most trace metals are present at very high concentrations. There is very little capacity of the bedrock to neutralize these highly acidic waters. Other important discharges of metals are the seep from the vicinity of the Old Mine and No. 8 mine portals, the ”Big Seep” discharge in Slickrock Creek,and discharges from the Brick Flat open pit. These sources, as well as downstream sites on Spring Creek, have been monitored and the relative contribution of each site to the total pollution load for copper, zinc, and cadmium has been established. Just under 2,000 pounds of these three metals are leaving the site per day, about 300 tons per year. In terms of pyrite weathering it has been estimated that 2.500 tons of pyrite are oxidizing every year from the Richmond mine workings alone (Nordstrom and Alpers, written communication, 1990). During the second Remedial Investigation phase (1986-1992) of EPA’s Superfund activities, the Richmond tunnel and part of the Richmond mine workings were made accessible to underground surveys. On September 11, 1990, water and mineral samples were collected during one of these surveys that resulted in the discovery of extremely acidic seeps with pH values as low as -3.4 and a total dissolved solids concentration of about 935 grams per liter. These acid iron-sulfate waters were precipitating or efflorescing soluble iron-sulfate salts, often coating tunnel walls and muck piles with a colorful array. These waters are the most acidic ever reported anywhere in the world. The only other recorded pH values of natural waters comparable in magnitude are acid crater lakes found in Japan, New Zealand, Alaska, and Costa Rica (e.g. pH S 0, Rowe, 1991). The development of such extreme acidic conditions is due to optimal conditions for pyrite oxidation combined with considerable evaporation from the heat released during oxidation and several years of drought conditions in California. The formation of extensive efflorescent salts means that acid solutions are being temporarily stored in a solid form until climatic conditions become wetter. Wet climate conditions will cause dissolution of the salts and some flushing of the stored acidity out of the mine workings. Rapid increases of copper concentrations up to a factor of 2 or 3 have been reported as a result of heavy rainstorm events early in the wet season (Alpers and others, 1992). Waters with high concentrations of metals, especially copper, zinc, and cadmium, have drained from the mine portals and leached from tailings and waste piles, entering Boulder and Slickrock Creeks and joining the

685

Spring Creek drainage. The Spring Creek Reservoir (built in 1963) receives the discharges from Boulder aiid Slickrock Creeks with some dilution and iron oxidation. Waters stored in Spring Creek Reservoir typically have pH values in the range of 2.5 - 3.5, but they are not always well-mixed and often show chemical gradients with depth. Detailed temporal depth measurements to investigate the seasonal patterns have not been done. From the reservoir, the waters are released in controlled amounts so that the dilution with water released upstream from Shasta Dam prevents fish kills (Lewis, 1963). Over twenty fish kill events have occurred since 1963 with at least 47.000 trout killed during one week in 1967 (Nordstrom and others, 1977). The fish kills have o c c d because the reservoir capacity has k e n overwhelmed by high-rainfall events and a large load of metals discharged. These high metal flows, even during low-flow conditions. have led to adverse aquatic conditions in Keswick Reservoir and the Sacramento River. Water-quality objectives for the Sacramento k v e r basin, based on laboratory and on-site toxicity studies of chinook salmon, have been adopted and approved by the Regional Water Quality Control Board (RWQCB), the California State Water Resources Control Board and the EPA to protect against both chronic and acute toxicity to aquatic life. Using these criteria, both acute and chronic toxicity, studies on chinook salmon, steelhead, and rainbow trout in the Sacramento River system have shown both actual and potential harm to these species from the acid mine drainage originating at Iron Mountain (EPA, 1992).

18.2.5 INVESTIGATIONS AND REMEDIATION The first ore processing for copper was open-air heap roasting on timbers burned along the south and southeastern slopes of Democrat Mountain just upslope from the mouth of Spring Creek. In 1895 smelters we^ built nearby in the Spring Creek drainage. The heap roasting and the smelter operations resulted in toxic emissions that created air pollution, destroyed vegetation for miles around, contaminated soils, increased soil erosion, and increased turbidity and sedimentation rates in the Sacramento River (see Chapter 2, Figure 12). Volatile constituents likely to have been released into the air include arsenic, antimony, and lesser amounts of lead, cadmium, and zinc. Lawsuits were filed by private parties and by the U.S. Forest Reserve (now the U.S. Forest Service) and by 1907 all the smelters had shut down. The ore was then shipped to Martinez for smelting and refining. The lack of regulatory action from 1919-1942 probably reflects the economic difficulties of the Great Depression and the general lack of mining. Gossan mining, however, was very active during this period of history, but this would not have effected any production

686

CHAPTER

18

of acid mine waters. From 1939 to the present, various studies of the environmental impact of Iron Mountain have been conducted by the California Department of Fish and Game, the U.S. Fish and Wildlife Service, the RWQCB, the U.S. Geological Survey, the U.S. Bureau of Reclamation, and the EPA. Since 1983 studies have been conducted as part of the Superfund investigations authorized by the Comprehensive Environmental Recovery Compensation and Liability Act (CERCLA). These studies have documented discharges of metal tiom Iron Mountain, the occurrence of fish kills, the results of toxicity tests on anadramous fish in the Sacramento River, the lack of benthic and aquatic organisms in parts of the drainage system, the siltation problems of the drainage, the geology, hydrology, and geochemistry of the area, and the effects of water management engineering practices on the drainage system. In 1950, Keswick Reservoir was completed to provide further flood control and hydroelecbic power below Shasta Dam. Much sediment deposition occurred in the Keswick Reservoir and the Spring Creek Debris Dam was constructed to reduce these high sedimentation rates as well as to provide some regulation for the acid mine drainage entering the Sacramento River (Prokopovich, 1965). Continued fish kills have kept the RWQCB actively pursuing remediation of the site. Following a thesis study at the site (Nordstrom, 1977), a cleanup and abatement order was issued to the mine owner, Stauffer Chemical Company. On December 17, 1976, the property was purchased by Iron Mountain Mines, Inc., the present owners. From 1977 to 1989 six orders were issued to reduce toxic metal discharges that were in violation of state law. The orders to cease and desist as well as for emergency treatment measures have been through both the Shasta County and the State of California courts. Stauffer Chemical Company has became part of Rhone-Poulenc who then became liable for the site under CERCLA. Iron Mountain was officially listed on the EPA's National Priority List for Superfund in 1983 and the first remedial investigation/feasibility study (RYFS) began. The remedial investigation report (1985a) identified the five major point sources of pollution discharges through a comprehensive surface water sampling survey. The greatest discharge source was identified as thc Richmond portal effluent. EPA (1985a) also documented the occurrence of increased concentrations of copper, zinc, and cadmium from portal effluents following heavy rainstom cvents and related this phenomenon to rapid flow of surface water into the mine workings through areas of subsidence. The feasibility study (EPA, 1985b) considered more than a dozen alternative treatment possibilities and estimated the costs and anticipated benefits from each individual alternative as well as scveral possible combinations. The alternate options are

listed below in simplified form: A. No action. B. Diversion of surface flows: divert upper Spring Creek to Flat Creek, upper Slickrock Creek around Big Seep, and South Fork Spring Creek to Rock Creek.

C . LimeAimestone neutralization: treat major point sources with conventional neutralization treatment plant. D. Capping: implement partial or complete capping of the mountain to prevent infiltration to the underground mine workings by laying down an impermeable barrier. E. Enlargement of the Spring Creek Debris Dam. F. Intercept groundwaters through a system of h n a g e tunnels and drillholes surrounding the ore body. G. Mine plugging. H. On-site leaching and mineral extraction technologies (proposed by owners). I.

Combined alternatives.

A Record of Decision was issued by EPA (1986) that initiated five main recommendations: A. Partial capping of cracked and caved ground above the Richmond ore body.

B. Construction of surface water diversions for upper Spring Creek, Slickrock Creek, and South Fork Spring Creek. C. Initiate hydrogeologic studies and produce a ground water model for the site. This step would include rehabilitation of the Richmond mine for subsurface investigations. The subsurface investigations were motivated by the decision to tesl and demonstrate the feasibility of filling mine workings with lowdensity cellular concrete. D. Install perimeter controls as necessary to avoid direct contact with contaminants.

E. Evaluate other source controls as appropriate based on the hydrogeologic investigations. At that time, mine plugging was not considered a serious option because of questions relating to the

ENVIRONMENTAL CASE STUDIES FROM THE HARD ROCK INDUSTRY physical integrity of the mountain to contain the mine water. When Fthone-Poulenc a c q d Stauffers assets through a complicated and proprietary arrangement with ICI Americas, ICI Americas began working on the remediation possibilities and mine plugging was seriously reconsidered. The initial alternative from private industry was to plug the Richmond workings and to allow them to fill up and flood the ore body to prevent further oxidation. Subsequent investigations by the U.S . Geological Survey and by CHZM Hill for the EPA demonstrated that a mine pool of about 20 million cubic feet would be created and would have a composition very similar to the present Richmond effluent composition. This acid mine pool would he sitting on top of the current water table and would travel to Boulder Creek through the bedrock in something less than 1 0 0 years. This concern led to the devclopment of a highly refined plugging scenario in which lime would be added before plugging, a lime slurry and various additives would tre injected to chemically neutralize and immobilize the acid waters and their dissolved metals. Considerable debate has ensued as to the effectiveness and costs o f such a prwcedure. Indeed,the most difficult task has been to assign dcfcndable risks and to develop methods that would evaluate the eft'ectiveness of any of the proposed alternative treatments and their various combinations. The EPA has evaluated the modified mine plugging alternative as part of the second RUFS completed in 1992 (EPA, 1992). The EPA has also considered air sealing but has favored a complete capping treatment as the most cost effective solution in conjunction with the surface water diversions that have already been initiated. Emergency treatment procedures which collect Richmond portal effluent during periods of high flow and neutralize it in a temporary lime neutralization plant near the portal have been instituted. The capacity of this plant was increased from 60 to 140 gallons per minute in December. 1992. This plant will be removed once a more permanent solution has been found. Meanwhile, the EPA and the responsible parties are currently in legal contention over the appropriate treatment to be used and the consequent costs. Some question of the federal governments share of the liability has also arisen because of the network of dams built by the U.S. Bureau of Reclamation in the drainages receiving the acid mine waters. 18.2.6

CONCLUDING REMARKS

Control and rcrnediation of the mine waste contamination at Iron Mountain, including prevention of some of the most acidic mine waters in the world, has proven to be an extraordinarily difficult and complex

687

task. The physical and chemical nature of the site with all of its heterogeneities, complexities, and unknown aspects, the difficulty in assessing the effectiveness of any alternative or combined treatment, and the difficulty of assessing the relative risks and costs of alternative treatments and their contingencies all contribute to the formidable challenge of remediation. Hence, there is no clear solution to the problem and opposing parties will have inevitable differences of opinion on how to prcceed and how much it should cost. Under such circumstances, it would seem prudent to proceed with remediation in stages with the most risk-free and least expensive treatments (especially in terms of operating costs) while continuing to monitor the site so that evaluations can be revised and improved. Modern methods of mining can rehabilitate an during production and after mining has ended with a considerable reduction of overall environmentat remediation costs. Thc cxperience gained in studying Iron Mountain certainly underscores this fact. Estimated costs of cleanup at Iron Mountain start at about $25 million and exceed $100 million (1985 dollars) for the most effective combination of treatments. The story of this site is not yet over after I 0 0 years of mining activity and 54 years of investigation and regulation. However, more progress has been made than almost any other mining Superfund site in the United States. The recommended remedial measures may be very site-specific, but the general strategy on how the site was investigated and the difficulties uncovered during the Superfund investigations should provide insight and examples that will be useful for other mine sites.

18.3 THE SUMMITVILLE MINE: BUILD-UP TO CRISIS by B. A. Filas and J. T. Gormley

18.3.1 INTRODUCTION In December 1992, Summitville Consolidated Mining Company, Inc. (SCMCI) declared bankruptcy and notified the State of Colorado that it would abandon the mine, located at an elevation of about 11,500 feet in the San Juan Mountains in southwestern Colorado (Figure 3). SCMCI began its development in 1484. Mining ceased at Surnmitville in October 1991. the gold heap leach operations continued until March 1992, then the mine operations pmeedcd into the closure and reclamation phase. Through the spring and summer of 1992, an Amended Settlement Agreement was negotiated among SCMCI and its parent companies, Galactic Resources, Inc. and Galactic Resources Limited (hercinafter all referred to as Galactic); the Colorado Department o f Natural Resnurces, Division of Minerals

Figure 3 Summitville Mine Location.


Figure 4 Watersheds for Project Area and Adjacent Rivers.

689

690

CHAPTER

18

and Geology (DMG)(formerly the Mined Land Reclamation Division); the State of Colorado, represented by DMG; and the Colorado Dcpartrncnt of Health, Water Quality ControI Division (WQCD). Just days before the bankruptcy notice, the Mines Remedial Measures Plan was submitted to DMG indicating a first-phase closure and reclamation cost of $20 million, and total reclamation costs estimated in excess of $40 million. Among other items, closure included detoxification of the heap m n id the maintenanceh-eatment of site discharges to Wightman Fork, tributary to the Alamosa River; in particular, discharges Erom the heap leach pad and waste dump, a d the Reynolds Tunnel, a century-old drainage tunnel that had been a key part of Summitville's history. Summitville's location near the confluence of several watersheds is shown in Figure 4. The State did not have the financial resources or regulatory mechanism to respond to the abandonment. Consequently, Colorado requested the United States' Environmental Protection Agency (EPA) to assume site maintenance responsibilities under the emergency provisinns of Superfund. EPA responded and assumed maintenance of the site on December 15, 1992, the day that Galactic abandoned the site. EPA continues to maintain the site at a reported cost of $40,000 per day. EPA is proceeding through the Superfund process; site maintenance and reclamation has passed from emergency action to the remediation stage. Following remediation, Suinmitville will go into longterm maintenance that will be the responsibility of thc State. At the time of this writing, EPA has listed the site on the National Priorities List and is attempting to identify and pursue Potentially Responsible Parties; the State is investigating any legal recourse that it may have against the Galactic companies, all of which have dcclmd bankruptcy.

18.3.2 PROJECT DESCRIPTION

The Summitville Mine is located in an historic mining district in south-central Colorado, about 25 miles southwest of Del Norte in Riu Grande County (Figurc 5). The mine is positioned on the northeastern flank of South Mountain in the San Juan Mountains. The district is somewhat unique in that mining occurs high in the San Juan Mountain range and the Alamosa River-Rio Grande watershed, at an elevation of about 11,500 feet. Figure 5 shows the extent of the underground workings at Sumrnitville (note position of Reynolds Tunnel). The Summitville Mine is located in the upper reaches of the Wightman Fork and Cropsy Creek watersheds. The Cropsy Creek drainage generally marks the southern and eastern extent of the mine area. An unnamed drainage off the north-northwest face of South Mountain establishes the approximate western boundary, and

Wightman Fork in thc valley bottom to the north establishes the nominal northern extent (Figure 6 ) . Wightman Fork tlows easterly to its confluence with the Alamosa River, about four miles downstream (Figure 5 ) . Terrace Reservoir is located about 13 miles downstream from the Wightman ForklAlamosa River confluence. The Wightman Fork drainage is approximately 9,000 acres or 15 percent of the Alamnsa River watershed above Tcrracc Reservoir. Cropsy Creek, a subdrainage of Wightman Fork within the mine area, drains approximately 300 acres. The Alamosa River is tributary to the Rio Grande River system.

18.3.3 PRE-GALACTIC MINING HISTORY The Summitville Mining District was reportedly discovered in 1870 by placer miners James D. Wightman and others who staked claims and panned for gold in gravel deposits in what is now known as Wightman Fork. Lode claims were subsequently staked in 1872 and the first significant underground production from the District commenced in 1873. Early underground mine development consisted of driving networks of tunnels (adits) and raises that followed the ore mineralization. Often, drainage tunnels were driven below the main mine workings so the ground water could be h n e d from the workings to the surface. Gold milling commenced in 1875. Oxidized ore was crushed and gold was recovered by amdgmation in as many as 11 mills that were built in Summitville by 1884. By the cnd of 1x87, most of the oxide ore had been mined out. The underlying, lower-gde sulfide ores were difficult to mill and conccnkak. Production declined. In 1897, the Reynolds Tunnel was drivcn into thc Tewksbury vein, located hclow the ccntral portinn of the contemporary Summitville pit (Figure 5 ) . This drainage tunnel was complcted in about 1906; its portal is at the lowest elevation of the historic drainage tunnels. The Reynolds Tunnel, the Iowa Tunnel and several other historic drainage tunncls still cxist today; they are hydraulically connected to both surface and underground workings. A major gold find occurred in 1926 when lessees struck high grade ore on the Little Annie claims. In 1934, the District entered the most productive period of its history. A 100 ton-per-day flotationlcyanidation mill and gold retort was installed in 1934. In 1939, batterypowered motor haulage was used in the Reynolds Tunnel when it was active; the rails and rolling stock were reportedly in good repair. Most of the workings were dry, probably due to the drainage provided by tunnels like the Iowa and Reynolds. From about 1949 until 1954, the District was reportedly idle, but it was the target of several surface prospecting and exploration programs during the 1950s.


691

&Q

Y

E

L d 0.

a

f? Figure 5 Underground Disturbance.

692

CHAPTER

18

a D

Z

w

L? J

Figure 6 Surface Configuration (1991).


In 1962, copper, gold and silver were pduced from the Reynolds Tunnel. By 1963, exploration drilling and another general rehabilitation of the underground mine workings were underway. Exploration and rehabilitation activities continued through 1970, including sinking a shaft on the Missionary vein in pursuit of copper ore. A mill was opened in May of 1971 that produced 300 tonsper-month of copper concentrate. The operation reported 12,500 tons of copper concentrate for the year. Copper production was terminated in June of 1972 after a period of part-time operation. In 1977, exploration drilling was again underway; an extensive drilling program was conducted in the late 1970s or early 1980s to define a wide-spread economically minable gold deposit. Galactic Resources, Inc. obtained the Summitville lease in 1984. Galactic planned to develop the identified ore deposit for commercial-scale open pit mining, cyanide heap leaching and gold recovery.

18.3.4 HISTORIC WATER QUALITY Water quality in the Summitville area was first described in 1917. Sulfate and acidic conditions were identified on Alum, Iron and Bitter Creeks. These creeks do not drain the SummitvilIe Mine area but are tributary to the Alamosa River upstream from the Wightman Fork confluence (Figure 4). No evidence of mining was identified in these drainages. .In the Summitville area, local ground water was causing the formation of stalactites and stalagmites of iron oxide in the Iowa Tunnel, an indication of the oxidation of iron-sulfide mineralization. Dewatered filtrate from the 1934 flotationkyanidation mill was discharged directly to Wightman Fork. The mill tailing was retained in Wightman Fork by a series of dams. While the flotationkyanidation mill was active, water quality in the Alamosa River was reportedly impacted by Alum and Iron Creeks to the extent that additional impact from Wightman Fork was not considered important. The repeated replacement of 16- and 30-pound (per foot) mine rail documents the historical presence of acid mine drainage in the Reynolds Tunnel. In late 1949, a mine inspector estimated that the discharge from the Reynolds Tunnel ranged from 100 to 200 gallons per minute (gpm). He further observed that the water deteriorated the mine rail quickly; a bridle for a rail switch was reduced to paper thinness within three weeks from action of the "copper water".

18.3.5 GALACTIC ACTIVITIES, 1984 THROUGH 1992 Galactic conducted pilot-scale heap leach tests during the

693

summer of 1984. Approximately 16,600 tons were processed in the pilot test program. That August, Galactic applied for permits for a full-scale mining operation. Permitting and construction activities OcCuITBd in 1984 and 1985. Mining began in the Summitville pit in 1986. The pit is approximately 73 acres and covers the historic underground workings (Figure 6). Many of the underground openings, including the Iowa Tunnel, were intercepted by the pit mining activities. There is acid drainage flowing from the Iowa Tunnel into the pit. The Reynolds Tunnel dewatered the underground workings before, during and after open pit mining. However, flow rates and metal loading have increased since the onset of open pit mining activities. m e Reynolds TunneI is approximately 400 feet below the bottom of the Summitville pit. While pH has been consistently acidic both before and after Galactic activities. the total dissolved solids concentration increased by over 320 percent, from 854 mg/l to 3,624 mgll, since the onset of open pit mining; copper concentration increased by over 460 percent, from 28 mgA to 157 mgll.

18.3.5.1 Ore Production and Leaching The leach pad is located in the original Cropsy Creek drainage and affects about 50 acres. The leach pad system is based on a valley fill design. Containment dkes are constructed of earth fill and waste rock on the upstream and downstream ends of the facility. (All Galactic facilities are shown in Figure 6.) The basin between the two dikes and the inside faces of the dikes were lined with a composite soillsynthetic liner. Ore was then placed within the lined area for leaching. The pad is not a typical design. Rather than being free draining, fluids at^ contained on the pad and pumped from one of two wells located at low points in the pads basin. A french drain network, consisting of gravelly rock and drain pipes, was constructed beneath the basin liner in the Cropsy Creek drainage to establish a preferential pathway for subsurface flows that may occur beneath the pad. The french drain system was overlain by the leach pad liner system. In ascending order above the french drain was a 16-inch-thick low-permeability clay liner, a leachate collection and recovery system,a synthetic liner, a friction sand layer, a geotextile, an 18-inch layer of crushed, screened ore and a find coarse layer of ore. Leach pad construction commenced in late 1984. It was constructed in phases until it was completed in early 1988. In early 1986, Galactic continued with leach pad construction after being cautioned by its heap leach pad design consultant of the risks associated with winter construction. On March 5 , and again in April of 1986, pad liners were damaged by avalanches. The designer subsequently subcontracted to a testing firm to certify the

694

CHAPTER

18

synthetic liner integrity. The lincr was certificd on May 21, 1986, with the exception of those areas that could not be inspected due to snow accumuiatians. Also excluded from thc certification were the liners on the east slope and pad bottom, which had been damaged by several avalanches. No records have been identified that provide follow-up certification of those areas that were excluded in thc May 2 1 , 1986 documcnt. The site was inspected by DMG on April 2, 1986, and again on May 29, 1986. At that time Galactic was testing the pad lincr for leaks. Pad loading commenced in May of 1986. The original pad dcsign called for a compartmentalized pad with a maximum heap height of 60 feet. In June of 1986, the facility was redesigned to a singlc cell pad with a maximum heap height of 300 feet. The additional design height rcduced the surface area required to accommodate the production tonnage. Application of leach solution hcgan on June 5 , 1986. Within five days, cyanide solution was detected in the leak detcction system beneath the primary liner. Thirteen days after the initial solution application, cyanide was detected in the french drain solution beneath the secondary liner. Despite leach pad liner repairs, cyanide continued to be detected in the french drain system. Galactic subsequently proposed to install a permanent sump and pumpback system to recover the contaminated solutions in the french drain. The State approved the system for construction in October 1986. Solutions recovered from the sump could be pumped either to the treatment plant or back onto the heap. The leach pad design anticipated minimal hydraulic head on the liner system. The leach pad was actively operated between 1986 and 1992, during which time solutions volumes within the structure gradually built up hydraulic heads in excess of 100 feet. The solution that will discharge through a liner breach is proportional to the hydraulic head on the liner. While geosynthetic liners are often considered suitable for withstanding high hydraulic head, the high head condition in the Summitville leach pad resulted in more seepage through the liner breaches than would have occurred had Galactic operated the system with the low head called for by the original design. Between June and October of 1987. at least nine cyanidc spills uccurred from the french drain sump and pumpback system. Thc spills rcsulted in the documented discharge of some 85,000 gallons of cyanidecontaminated watcr into Cropsy Creek. Cyanide spills from the french drain sump also occurred in September and November of 1991. Records indicate the spills were caused by either pump or pipeline failures. Two seeps were later identified along the toe of thc downstream p! embankment in August of 1991. WQCD and DMG engaged in a series of enforcement actions for these discharges and other permit violations. Cyanide solution applicalion was terminated on March 31, 1992.

18.3.5.2 The South Cropsy Waste Disposal Area The South Cropsy waste area is positioned in the original Cropsy Creek drainage just upgradient frtim thc leach pad (Figure 4). The original development plans and permit anticipated the leach pad to include the areas now occupied by both thc leach pad and South Cropsy wastc area. The design change for the leach pad from a 60-foot to a 300-foot height resulted in a substantially duced area requirement to accommtdate the required lonnage. This left available space upgradient of the leach pad in the original Cropsy Creek drainage; it was used for waste rock disposal. Construction of the South Cropsy waste area proceeded adjacent to the leach pad. The upstream dike of the leach pad constitutes the downstream toe of the Cropsy waste arca. The sequencc of evcnts associated with the development of the South Cropsy waste m a occurred essentially in reverse of a normal proccss. Thc disposal area was constructed in 1986, then the design and permitting documents were submitted to DMG after the fact on April 10, 1987. Colorado law requires that mine operators define site development plans before field implementation. Galactic constructed the waste disposal area first, then submitted designs and gained regulatory approval for the faciIity. This action constituted a violation of the permit conditions and resulted in enforcement action by DMG. Foundation preparation and construction occ& during or prior to the spring of 1986. A similar french drain system was installed to provide underdrainage from the existing seeps, springs and wetland areas in the Cropsy basin as was installed beneath the leach pad. Apparently, the waste rock area preparation did not include a flow barrier between the underdrains and the waste rock that would be placed over them. The South Cropsy waste area french drain and the leach pad french drain were connected such that the South Cropsy waste area underdrainage passes beneath the leach pad. The combined South Cropsy waste area and leach pad underdrainage flow to the french drain sump. In mid1993, water quality at the sump was about 30 parts per million (ppm) cyanide, with a pH of about 3. Records are unclear as to when acidic seepage was first observed From the South Cropsy waste area. However. a discharge outfall was applied for in June of 1991 for direct discharge from the South Cropsy waste area i n t o the 550 Diversion Ditch on Cropsy Creek. A lime precipitation treatment facility was constructed hetwecn the South Cropsy waste area and the leach pad in anticipation of a July, 1991 start-up. Starting in early August, 1991, the treated seepage from the South Cropsy waste area could nut meet effluent limitations for discharge into the 550 Diversion Ditch. The seepage was therefore coursed into the leach pad for on-site

ENVIRONMENTAL CASE STUDIES FROM THE HARD ROCK INDUSTRY containment. The Cropsy seepage flowing into the leach pad has varied in chemical characteristics over time. In 1992, the pH was reportedly as low as 2.2. The seepage has typically been acid. Copper and iron are reportedly the primary elements of concern from this drainage.

695

minimize hydrologic balance problems, failure to handle acid forming material and for overload of the land application system. Land application was discontinued on October 30, 1991.

18.3.5.4 Settlement Agreements 18.3.5.3 Water Balance, Treatment and Land Application The heap leach pad and associated solution management ponds were designed for no off-site discharge. The earliest computed water balances assumed that snow accurnulations on the leach pad would be isolated from the heap by means of an interim cover during the winter months. Galactic opted not to cover the heaps during the winter. The snow melt dded significant water that was not accounted for in the water balance. The installation of the french drain system beneath the leach pad and Cropsy waste area was intended to intercept undisturbed ground water and direct it beneath the main containment dike to discharge downstream. Because the cyanide leakage from the leach pad persisted even after Galactic's efforts to seal the leakage, the french drain recovery sump was installed to recover the shallow ground water and reintroduce it into the process water circuit. When Cropsy waste dump and discharges could not be adequately treated, they were routed to the heap leach pad. These french drain and Cropsy discharges were unaccounted-for additions to the pads water balance. Pad operations, allowable discharges and climatic conditions each contributed to a growing Summitville water balance crisis. Consequently, Galactic changed its operating plan from a no-discharge to a discharging facility. A water discharge permit was applied for in 1988 and received in 1989. With the approval of the discharge permit in May of 1989, Galactic proceeded with the installation and operation of a water treatment system. The system was unable to meet the effluent limitations on silver imposed by the WQCD discharge permit. As a result, Galactic pumped the treated water back to the heap leach pad, which again exacerbated the water balance problem. Galactic then planned for land application of the treated process solutions as a method of further treatment and disposal. As a result of Senate Bill 181 (June, 1989), DMC became the "implementing agency" for miningrelated ground water permits. DMG elected to pennit the land application system. Land application commenced in a five-acre site south of Wightman Fork near the mine office. In July of 1990, the land application system was malfunctioning, resulting in overland flow directly into Wightman Fork. At about this time, the regulatory agencies had received anonymous telephone calls advising of unpermitted discharges associated with the Sunimitville operations. Enforcement actions were taken by the agencies for unpermitted discharges, failure to

Settlement agreements were negotiated in July of 1991 and again in July of 1992 among Galactic and the jurisdictional agencies. Key issues addressed in the agreements included the acid drainage from the South Cropsy waste area; unpermitted point source discharges from the land application system into Wightman Fork; water sampling protocol; unpermitted discharges from the french drain pumpback system; a requirement to update the water treatment plan; treatment of the Reynolds Tunnel discharge; revisions to the reclamation plans and bond amount; and Galactics inability to meet discharge criteria. The amended agreement established the "bubble concept" for the water quality point of compliance. With the bubble concept, several drainages within a defined areamay be directed lo one location on the boundary; only the discharge at that location is permitted. A single point of compliance was identified on Wightman Fork downstream from the project discharges and Cropsy Creek confluence in lieu of compliance points at each discrete discharge location. The amended agreement also adjusted the financial warranty with the Mined Land Reclamation Board.

18.3.5.5 Financial Assurances The mining permit issued to Galactic in October, 1984 required a reclamation bond in the amount of $1,304,509. The bond amount considered costs for surface grading and shaping, clay caps on waste rock and heap residue, and revegetation. No provisions for heap detoxification or water treatment were explicitly included with the estimate. In August, 1989, the Board required Galactic to post an additional surety of $913,801. This adjustment to the bond included the cost for a one-time rinse of the heap. It was posted in the form of a salvage credit. The bond still cxcludcd cost for water treatment. Finding that significant modifications would be required to the reclamation plan, the Board later requested an additional $5,000,000 bond, which would bring the total surety amount to $7,218,310. This additional bond was posted on June 21, 1992 in the form of $4,000,000 cash and a $1,000,000promissory note. The $5,000,000 was not based on a specific bond calculation, but was included with the language of the Amended Settlement Agreement. Of the $5,000,000, $2,500,000 was held in a "Special Account", which, according to the Amended Scttlcmcnt Agreement, would be released following

696

CHAPTER

18

execution of reclamation activities during the summer of 1992. The $2,500,000 balance remained as a closure/reclamation surety, but still was not based on a detailed cost estimate. By the fall of 1992, Galactic had completed site grading and commenced to treat waters from the Reynolds Tunnel. Based on this reclamation work, Galactic requested release of the $2,500,000 in the Special Account. By November of 1992, Galactic had gained release of the $1,000,000 promissory note and a total of $1,500,000 of surety funds held in the Special Account as provided for by the Amended Settlement Agreement. This brought the surety balance to $4,718,3 10, just prior to Galactics bankruptcy declaration.

18.3.6 BUILD-UP TO CRISIS A few aspects of the build-up to crisis at the Summitville Mine are apparent from this historical briefing. Discussions of these aspects follow.

18.3.6.1 Acid Drainage from the Reynolds Tunnel

The 50 to 200 gpm acid drainage from the Reynolds Tunnel was not a matter that was addressed in the 1984 Galactic mine permit application. The permittee asserted that there would be no effect on the Reynolds Tunnel drainage from the open pit mine operations. Neither Galactic nor the State acknowledged the historic evidence of the acid drainage during the permitting process. Historic records suggested a connection between surface prospects and underground workings well before Galactics presence on site. However, thcre was also no consideration given to the prospect that the same rocks that produced the acid drainage from the Reynolds Tunnel may produce a i d drainage from surface-mined wastes disposal areas. Consequently, the pit was excavated without consideration of its effect on the underground mine discharge, and the Cropsy waste area was developed and permitted without considerations given to the generation of acid rock drainage. It wasn’t until 1992 that Galactic acknowledged the obvious--that surface mining adversely changed the quantity and chemistry of the Reynolds Tunnel drainage. Galactic was not obligated to treat the acid drainage from the Reynolds Tunnel until execution of the Amended Settlement Agreement in July 1992. The Reynolds Tunnel drainage was historically, and also during Galactics tenure on site, the Districts largest contributor of dissolved metals and low pH waters to the Wightman Fork tributary of the Alamosa River.

18.3.6.2 Construction Quality Control Severe winters occur at Summitville. Despite the engineers’ counseling to the contrary, Galactic insisted on liner installation during severe winter conditions. Construction quality control could not be conducted in areas that were damaged by avalanches or covered with snow. Despite the partial certification, the pad was apparently acknowledged by State inspectors as certified for loading and operation. Almost immediately, cyanide solution was detected at the leak detection system beneath the primary liner, then in the underdrainage system beneath the secondary liner. Galactic efforts to stop the leaks failed. As an alternative to repairing the leaks, Galactic proposed the installation of a permanent sump and pumpback system, which the State approved. There were no requests for treatment of the water from the permanent sump for discharge, nor was there an immediate reanalysis of the heap leach pads water balance.

18.3.6.3 Design vs. Operations, or No Design at All The leach pad design called for minimal hydraulic head on the liner. With all of the complications with the “nodischarge” system, high heads on the liner were more the rule than the exception. This condition exacerbated the problem of leaks in the liner system. The initial water balance analyses assumed the prevention of snow melt infiltration into the heap or the removal of snow from the heap. Neither covering of the heap nor snow removal from the heap was ever an operational practice. The same water balance analyses did not account for pumpback of the french drain discharge. The pumpback situation was further exacerbated when the unpermitted South Cropsy waste area underdrains were tied directly into the pads french drain. Excess water within the heap became an even more severe problem when the Cropsy surface drainage was directed into the pad area. Further, the addition of the Cropsy acid drainage to the heap leach pad system could only interfere with the chemistry of the solution water and the eventual plans for treatment and discharge of solution waters. Finally, a water balance in April, 1988 identified the eminent risk of over-topping the main dike that contained the heap leach pad. An effort to permit and operate a treatment plant followed.

18.3.6.4 Water Treatment and Discharge The WQCD became involved in the permitting process when Galactic applied for a permit to treat and release excess process water. The discharge permit was approved

ENVIRONMENTAL CASE STUDIES FROM THE HARD ROCK IIdDUSTRY

in May, 1989. DMG approved the installation of the treatment plant in April of 1989. Discharge from the treatment plant couldn't meet WQCD requirements, so the in-system water build-up continued. Galactic attempted to resolve its failure to meet WQCD's discharge requirements by applying for land disposal of the treated process solutions. The method of land disposal did not require a discharge permit from WQCD. Land disposal was under DMG purview. Within a year, WQCD inspected the site and found the land disposal system to be yielding over-land flow and thus, within its jurisdiction. Penalties were assessed and the land disposal system was shut down. Again, Galactic resorted to the in-system water buildup because the operator could not achieve a permittable discharge. After Galactics failed attempts at discharging treated waters WQCD and DMG entered into a cooperative effmt to obtain a Settlement Agreement and Compliance Plan from Galactic. 18.3.6.5

SummitvilIe.

I

I

41

7 NORTH TAKM EXTENSON

Bonding

At the time of Galactics bankruptcy, the State of Colorado held a surety of less than $5 million. The cost of reclamation, which only became known a few days before Galactics notice to declare bankruptcy, was estimated to be over $40 million (it is now estimated at well over $40 million). Earlier reclamation cost/surety estimates by the State were apparently derived on the assumption that the mining and reclamation operations would be in compliance with the law. Also, Colorado law did not aHow for bonding of water treatment cost, which constituted a substantial portion of the estimate. The State quested increased surety from Galactic in mid-1992, when it was determined that the in-place reclamation plan n& modification; however, the increase was not based on a detailed cost estimate, nor did it include water treatment cost according to the existing law. The more rigorous computation of costs for reclaiming the Summitville Mine based on actual conditions occurred as a result of the 1992 Settlement Agreement and Compliance Plan.

18.3.7

697

CONCLUSION

The Sumrnitville Mine situation is the manifestation of decisions, actions, rules and procedures that were not unilaterally determined by any one party. There are many lessons to be learned from the Summitville experience, and the incident will likely be used for case studies of what can go wrong at a mine site. The Summitville Mine experience will no doubt influence permitting and enforcement under existing regulations, as well as the promulgation of new rules and regulations on mining. Certainly in Colorado, the Mined Land Reclamation Act of 1993 was inspired to prevent the occurrence of another

Figure 7 Tailing piles and mine at Ajo.

18.4 APPLYING A CRUSHED ROCKVENEERTOCONTROL DUST ON DRY TAILING by J. L. Armstrong, E. F. Haase and E. M. Schern

18.4.1 INTRODUCTION Tailing impoundment surfaces are potential sources of airborne particulates. Active impoundments are generally not a concern since moist tailing do not give rise to particulates although dry segments of active tailing may be sources of dust under some conditions. Inactive tailing surfaces vary considerably in their tendencies to form hard crusts that are resistant to wind erosion. Copper tailing which contain significant pyrite have been observed to form hard and stable crusts that are highly resistant to wind erosion when left essentially undisturbed. Research in South Africa indicates that a minimum of 0.7% pyrite was essential for the formation of hard crusts (Donaldson, 1960). Large surface areas of dry and poorly crusted tailing may become major sources of airborne particulates under strong wind conditions. The following case study describes the developmenl of a serious tailing dust problem and the voluntary actions

698

CHAPTER

18

taken by Phelps Dodge Corporation (PDC) to eliminate It.

18.4.2

BACKGROUND

18.4.2.1 Site Location and History

Open pit copper mining was conducted for more than 60 years at PDC's New Cornelia Branch at Ajo in southwestern Arizona. Four tailing impoundments totaling about 1900 acres were constructed from 1922 until 1984 when the mine was deactivated (Figure 7). Construction on the North and South Dams ceased in the mid-1960s. East Dam construction began in 1961 and ceased in 1980. Construction of the North Dam Extension occurred between 1980 and 1984. N 2.1

'\

i'

'.l

or as major dunes on the leeward slopes of the dams. Tests have shown that wind speeds of about I2 mph are required to initiate soil movement (Brady, 1974). Movement at higher wind speeds is proportional to the third power of the wind velocity. Thus. the potential quantity of tailing carried by the wind increases rapidly at higher wind speeds. Moving particles are a major contributor to additional dust by dislodging crusted particles through surface creep and saltation. Prevailing winds at Ajo are from the southsouthwest. Weakcst winds are from the east, favoring the townsite location which is about 0.3 to 1.5 miles west of the tailing impoundments (Figures 7 and 8). However, on rare occasions particulate matter reached parts of the townsite or related roads in the area. Embankments were raised by upstream construction over earthen starter dams. Construction resulted in tailing accumulations to heights mote than 220 ft above the natural terrain which decreases in elevation from southwest to northeast in the general direction of [he prevailing winds (Table 1). The total perimeter length of tailing slopes i s nearly 11 miles, including both exterior slopes and slopes between tailing impoundments. Overall slopes are 3.3 horizontal to I vertical.

E

Table 1 Tailings dam and pond heights (ft.) ~~

2 7

1

,

Impoundment

Pond Elevation

Appropriate Dam Height Above Natural Terrain

South

'1,0552

100 to i 8 0

North

1,819

80 to 220

East

1,8101

160 to 220

North Extension

1,618k

0 to 80

PERCENTAGE FREQUENCY OF WIND SPEEDS GREATER THAN 12 WPH 1979 - 1983 CONCENTRATOR HlLL

Table 2 Area of tailing ponds and slopes (acres)

/

I

S

lmnoundment

Too

Slone

Total

South

31 0

145

455

North

254

93

347

East

335

165

500

North Extension

553

45

598

Total

1,452

448

1,900

7.1

Figure 8 Three-year average wind rose.

18.4.2.2

Problem Identification

Thin crusts formed on the tailing surfaces at Ajo as they dricd. However, many factors combined to break portions of the dry crust and the sand and silt-sized partickes became a major source of airborne dust under strong wind conditions. Tailing particles tended to collect as winddriven deposition scattered across the dry impoundments

The two oldest, highest, and smalIest impoundments

(Nonh and South Dams) are located closest to the town

ENVIRONMENTAL CASE STUDIES FROM THE HARD ROCK INDUSTRY (Tables 1 and 2). Wind erosion effects became evident in the late 1960s after the two impoundments were deactivated and dry surface crusts began to break down. The crustal breakdown was periodically ameliorated by infrequent tailing flows to the South Dam during periods of maintenance. 18.4.2.3

Initial Control Strategy

To address the problem of increasing wind erosion, PDC initiated an experimental program in 1970 to grow vegetation on the inactive tailing impoundments. The program focused primarily on the North Dam and slowly expanded in scope to include the South Dam. It was suspended in 1984 when the mine was temporarily deactivated. Approximately 150 species of trees, forbs, and grasses were tested, but only a handful were found to adapt adequately in the inhospitable environment. Most successful was athel (Tumarix uphyllu), an evergreen tree native to Africa. More than 15.000 trees and shrubs were transplanted to the tailing and about 25 miles of irrigation pipes, ditches, and distribution lines for drip irrigation had been installed when planting activities were suspended. Initial plantings were concentrated on slopes facing the town, but the main focus of planting activity soon became the horizontal surfaces of the North Dam. The main source of water for irrigation was sewage effluent from the town of Ajo's oxidation pond. The effluent also provided a supply of vital plant nutrients. Unaltered tailing are a generally inhospitable medium for plan1 growth because of the lack of available water, absence of soil structure and organic matter, and inadequate plant nutrients. Excess salinity and abrasion damage from saltating particles caused significant problems for many species. Howevcr, planting activities eventually led to successful tree growth that c o v d much of the North Darn. The rows of trees reduced the generation of airborne particulates. Small scale experiments with wind screen barriers and surface chemical stabilizers were also conducted in the early 1980s to evaluate potential wind erosion control. Alhough beneticial effects were obtained, large scde applications were not considered feasible.

18.4.2.4 The Problem Intensifies In August 1984, the mine and mill at Ajo were temporarily deactivated for economic reasons and the remaining wet tailing surfaces began to dry and crust. Some of the vegetation on the North Dam continued to receive periodic irrigations of sewage effluent. However, cessation of mining activities resulted in a loss of approximately half of the town's population which significantly reduced water usage and the associated effluent.

699

As time passed the crusted tailing impoundment surfaces were slowly broken down, particularly by bombardment of saltating particles during strong wind events. Much of the dust appeared to emanate from the two largest impoundments which were essentially devoid of vegetation and were located farthest from the town. Particle size analyses from shallow boring samples at Ajo indicate that tailing particles are dominated by silty fine sands. Tailing were discharged from berm crests with coarse fractions deposited near the berms and finer fractions toward the interior of the ponds. Liberation grinds to extract metals from most ores produce particle sizes that range from medium-sized sand to fine silt (Brawner and Campbell, 1973). A small fraction of particles at the fine end of the range may contribute to particulate matter under 10 microns in size (PM,,) for which a National Ambient Air Quality Standard exists. An exceedance of the 24-hour PM,, standard was recorded at Ajo in August 1987, apparently associated with a nearby storm that produced exceptionally high winds. The temporary closure of the mine at Ajo was extended and effects of blowing t a i h g on local visibility k a m e more noticeable, occasionally reaching areas of the town during periods of high winds. Visibility and potential PM,, effects led PDC to evaluate strategies that could he implemented to provide additional controls on airborne tailing emissions. This voluntary program was conducted with the cooperation of the Office of Air Quality at the Arizona Department of Environmental Quality (DEQ). The PDC evaluation h d the following ohjcclives:

1) To eliminate particulate generation permanently and with minimal maintenance requircments.

2 ) To accommodate a quick reversion to active use of impoundments upon resumption of mining. 3) To approach natural conditions to the greatest extent feasible. 18.4.3 EVALUATION OF CONTROL ALTERNATIVES Possible technologies to control tailing particulate emissions at Ajo were identified. This included an evaluation of apparent effectiveness and approximate costs of dust control measures used at other mines. A preliminary evaluation indicated that a crushed rock veneer was a promising technology. This was more fully substantiated by contractors funded by Phelps Dodge to conduct a technical and economic evaluation of dust control technologies. The following general techniques were identified: Soil or rock cover

700

CHAPTER

18

K = Soil Ridge Roughness Factor expressing surface roughness in the form of ridges or small undulations. It varies from about 0.5 to 1 with the higher value indicating an absence of ridges.

Vegetation Wind screen barriers Crushed rock veneer Chemical stabilization Irrigation Cementing agents The evaluations indcated that a rock veneer was the most economical method for long-term stabilization of the tailing impoundments.

18.4.4 CRUSHED ROCK 18.4.4.1

L = Length of Unsheltered Distance along the prevailing wind direction. It varies from 10 to 10,000ft.

VENEER

Description of Technology

V = Equivalent Quantity of Vegetative Cover. It varies from zero to 18.OOO lbdacre.

The technology selected to control generation of dust at Ajo was a cover of crushed rock applied as a veneer on horizontal tailing surfaces at a nominal thickness of 2 in. This alternative met most of the objectives and was accomplished at a cost of less than $4 million. Allterrain, balloon-tired spreaders with 16-ton capacities were used to spread the rock which was first screened and crushed to minus 3 in. in diameter. The upper one-third of tailing dam slopes, on average, were covered to a thickness of approximately 6 in. by conventional dozer pushing and blading of minus 10 in.-diameter rock over the side. In some cases larger-sized rock was utilized if it was readily available. To estimate the wind erosion potential before and after the application of a rock veneer on horizontal surfaces, a wind erosion equation was utilized to evaluate the changes in environmental parameters (Woodruff and Siddoway, 1965). The equation was developed originally by W. 8. Chepil and other scientists at the Agricultural Research Service, U.S.Department of Agriculture, over a period of some 50 years, primarily to estimate soil loss due to wind erosion from agricultural fields in the Great Plains. Dry tailing impoundments were considered to bear enough similarity to fields to make application of the equation worthwhile. The amount of erosion can be expressed in terms of equivalent variables as: E = f(I,K.C,L,V)

C = Climatic Factor expressing wind, moisture, a d temperature conditions for a particular geographic location. It varies between zero to more than 150%, with higher values in more arid environments.

{ 18.4.4.1- 1)

where:

E = Amount of wind erosion in tonslacrelyear.

I = Soil Erodibility Index expressing potential soil loss in tondadyear from a wide, unsheltered, bare, smooth and non-crusted surface. The value varies from zero to 310 and increases as the percentage of soil fractions finer than 0.84 mrn in diameter increases. The value decreases as the amount of surface crusting increases.

Values for these equivalent variables are applied to charts and graphs contained in Agriculture Handbook No. 346 to solve the equation (Chepil et al.. 1962; Skidmore and Woodruff, 1968). The wind erosion equation was solved for the two extreme horizontal surface conditions that best represent the four Ajo tailing impoundments: A. The extensively vegetated North Dam (254 acres); and

B. The relatively smooth and barren North Dam Extension (553 acres). Values of wind erosion (E) for the unvegetated East Dam (335 acres) would approximate those from the North Dam Extension. Values of E for the South Dam (3 10 acres) would probably be about 10% less because it is partially vegetated. Application of the equation inhcated that the rock veneer reduces wind erosion on the vegetated North Dam from I60 to zero tonslacrelyear. The wind erosion reduction resulting from the rock veneer on the b m n North Dam Extension is from 300 to 0.6 tonslacrelyear. These significant decreases are primarily attributable to reductions in the Soil Erodibility Index (I). Crusted surfaces containing more than 80% particles greater than 0.84 mm in diameter yield wind erosion losses of zero based on the equation. These conditions are e x F c t d to occur on rock-armored tailing surfaces following the first significant rainfall after application. The wind erosion equation applies to all particle sizes that can be moved by wind. A relatively small percentage of these would consist of fine particulates with a diameter of less than 10 microns. The equation addresses material losses and not emissions. Thus, prior to the application of crushed rock, much of the tailing material was merely moved from one tailing area and deposited in another, as in dune formation. However, the relatively small amounts of fine particulates in suspension had the


potential of being carried great distances by exceptionally strong winds. The wind erosion equation was developed partly from wind tunnel and agricultural field measurements in Kansas and was not developed specifically for application to tailing impoundments. Nevertheless, conservative application of the equation to Ajo tailing indicated that erosion potential was reduced more than 99% on horizontal surfaces covered with the rock veneer. It is clear that this technology solves any problems related to annoyance, visibility degradation, or fine particulate emissions, including PMlo, that may have existed previously. 18.4.4.2 Preparation and Application The source of rock for the rock veneer was the non-ore stockpile approximately 1600 ft south of the South Dam, across State Highway 85. Rock was loaded into a grizzly at the stockpile to provide minus 10 in. material. A shaker and screen separated the minus 3 in. material. This, in turn, was fed to a conveyor that was later joined to another conveyor from a crusher that down-sized the plus 3 in. material. Portable conveyors were used to transport the minus 3 in. product more than 600 ft over Highway 85 to a temporary storage pile. 35-ton dump trucks transported the rock to selected locations on the tailing impoundments. Prior to this step, hundreds of tons of alluvium were transported on to the impoundments to provide road bases for the 35-ton trucks. Extensive dozer and grader work was also necessary to smooth tailing surfaces that had been eFodsd by winds. In some cases, this involved knochng down pedestals (hoodoos) 10 ft or more in height that were left standing after surrounding areas were eroded away. All-terrain, balloon-tired hauling equipment with 16ton capacities were used to spread the crushed rock from rear-mounted spreader units. The high flotation tires could operate at bearing pressures of less than 10 psi. This allowed the equipment to function in soft tailing areas. It also minimized the risk of forcing rock into the tailing. In contrast, this risk is greatly increased when standard ground pressure equipment is used to dump and spread rock materials. Use of such equipment may require application of material much greater than 2 in. in thickness to provide a satisfactory cover. Dump and blade methods to distribute crushed rock at Ajo were limited to minus 10 in. or sometimes larger crushed rock applied to a minimal 6 in. thickness at the tops of embankment slopes and over the sides. These stable areas contain the coarser tailing fractions which are less subject to erosion and transport by winds than the finer fractions of the pond interior. However, leeward north-facing slopes contained major dunes of loose tailing that could become airborne at relatively low wind speeds. Large areas of these slopes were covered with

701

crushed rock, but coverage was restricted to areas of noncrusted tailing. The initial coverage of horizontal tailing surfaces was accomplished in approximately six months. There was always a risk that high winds would result in blowing tailing that would cover areas where the crushed rock veneer had already been applied. In fact, more than 100 acres were partially or completely covered by tailing deposition and required additional applications of crushed rock. The events demonstrated that all nearby areas with loose tailing should be stabilized in order for a veneer of crushed rock to remain effective. Crushed rock was broadcast on the tailing impoundments to provide a 100% cover. Fine material content in the non-ore stockpile varied considerably, but the contractor attempted to limit minus 1/4 in. material to no more than 25% of the crushed rock application. Pockets of fines sometimes made that difficult. When crushed rock was first applied, some fines were found at the surface, subject to movement by strong winds. With the first significant rainfall, the fine particulates tended to infiltrate and combine with other stony residues, which upon drying, helped form a rocky crust that simulates the natural desert pavement that characterizes this area of the Sonoran Desert. Silicates, lime, and gypsum may enhance long term crustal stability and erosion control by cementing together with stony residues in the crushed rock material (Fuller, 1972). 18.4.4.3 Vegetation Effects The application of crushed rock on more than 1450 acres of flat tailing surfaces allowed existing areas with trees and other vegetation to remain essentially intact. Some slope vegetation was removed so that heavily eroded surfaces could be smoothed and crushed rock could be pushed over the sides. Rock-spreading equipment was operated close enough to trees to cover most open surfaces between trees and tree rows in flat areas. It is anticipated that the crushed rock veneer will enhance environmental conditions for the continued growth of existing trees and other vegetation on the tailing. Control of airborne tailing virtually eliminated the sandblasting of vegetation by winds. The crushed rock veneer maximizes infiltration of rainfall and reducing evaporation of moisture from the surface. Acting together, these factors increase the amount and duration of moisture available to root systems. However, many trees must first recover from damaged root systems caused by leveling of the surface prior to application of crushed rock. This process cut and destroyed shallow surface feeder roots. The crushed rock cover will also significantly reduce tailing surface "albedo". The white uncovered tailing are highly reflective and this may be one of the important reflectivity factors that affected the survival of some

702

CHAPTER

18

Table 3 PM,, 24-hr. concentrations monitored once every 6 days 1/3 mile downwind of tailing (mg/m3) #1 Monitor

#2 Monitor

Month

Mean

24-Hr. High

Mean

24-Hr. High

Feb 92

5.8

7.3

6.6

8.9

Mar 92

10.1

14.6

12.4

22.6

Apr 92

12.5

22.4

13.9

28.5

May 92

7.6

12.8

9.1

13.6

June 92

14.4

18.0

14.7

18.9

Jul92

13.3

18.0

12.3

15.9

Aug 92

10.4

12.1

9.7

14.6

Sep 92

12.9

30.0

12.9

28.0

Oct 92

11.1

16.2

t0.9

16.3

Nov 92

14.0

25.4

14.8

28.0

Dec 92

9.1

22.3

9.6

22.1

Jan 93

5.5

9.8

5.0

8.3

Feb 93

7.6

15.1

7.2

14.8

Mar 93

11.8

16.5

12.2

16.6

species that were planted experimentally in the past. Although the primary purpose of the crushed rock veneer was stabilization to limit wind erosion, more than 1000 lbs of native plant seed mixed with alluvium was broadcast on about 50 acres of the surface in July 1991, to encourage growth that would more closely approach natural conditions. Approximately half of the seed mixture was broadcast with a humus-base fertilizer and soil conditioner. This project was designed to place small amounts of viable seed in various microenvironments with a view toward finding suitable plant growth conditions under the variety of seasonal and annual climatic conditions. Therefore, the seed mixture was buried in alluvium at various shallow depths among minus 3 in rock. Swaths of the seed mixture were spread on each of the four tailing impoundments. Typically, this included areas near the perimeter where overlying come tailing particles and areas near the low points where underlying tailing particles are less coarse a d where runoff may tend to accumulate. A seed mix of fifteen desert shrubs, herbs and grasses was selccied with approximately half adapted to germination following winter rains and the others adapted to germination following Summer rains. Both annuals and perennials were included. The goal was to establish a self-pcrpetuating source of nativc seed that would provide for seed dissemination to other areas o f tailing in the future. About half of mean annual rainfall occurs during the

summer from July through September, usually associated with thunderstorm activity. Winter storms are typically less intense and of longer duration. About one third of mean annual rainfall occurs from December through March. Mean daily maximum temperatures exceed 100°F in July and August and are not much less in June and September (Sellers and Hill, 1974). Seed production from plants that may grow on the covered dling can be expected to vary greatly from year to year, largely because of varjation in rainfall quantity and seasonality. Seeds of annual plants in particular may lay dormant for many years in the natural desert before germinating. Perennial plant establishment typically occurs infrequently and only in years when moisture and other environmental conditions are favorable (Shreve, 1951). 18.4.5 RESULTS AND

Drscussrm

Approximately X5%, or 1600 out of 1900 acres, of tailing at Ajo were covered with crushed rock between May 1990, and October 1441. All horizonla1 surfaces, about 1450 acres, were covered with a nominal 2 in. rock veneer that is similar to the natural desert pavement that occurs in lhe area. Approximately 66% of slope surfaces, about 150 acres, were covcred with 6 in. or more of rock. Rock cover was only applied to slopes characterized by loose windblown tailing disposition such as dunes. Noncovered slopes are characterized by surface crusting and


Source: McDonald and Martin, 1992 Figure 9 Mining activities in the Juneau area.

703

704

CHAPTER

18

relatively coarse tailing particle sizes with little potential for wind erosion. Total cost to implement the project on 1600 acres was $3.8 million or about $2375 per acre covered. Inefficiencies involved in covering dune slopes increased costs significantly, about five times more than horizontal surfaces on a per-acre basis. The 1450 acres of horizontal surfaces were covered with a rock veneer for approximately $2.5 million, between $1700 and $1800 per acre. Significant rainfall over the winter and spring months of 1992 was followed by flowering and seed production from several annual desert plant species broadcast in the summer of 1991. Successful plant growth was limited to areas that received seed mixtures broadcast dong with a humus-base soil conditioner, indicating that future selfperpetuating plant growth will be limited by the lack of organic matter in the tailing as well as available moisture. Observations in the months following project completion indicated that very little particulate matter emanated from surfaces covered with rock veneer at wind speeds of 20 to 25 mph. Visibility degradation, annoyance to people living in the area, and potential PM,, emissions were no longer a problem. The voluntary project was nearly half-completed in November 1990, when the Ajo area was designated nonattainment for PM,, by operation of the 1990 Clean Air Act Amendments. The designation was based on one recorded exceedam between 1985 and 1990. In a cooperative program with the Arizona Department of Environmental Quality (ADEQ), Phelps Dodge Corporation agreed to operate two dichotomous PM,, samplers at least once every 6 days over a 3-year period as part of the State Implementation Plan (SIP) to demonstrate PM,, attainment downwind from the tailing. Monitoring activities began in February 1992 and results are shown in Table 3. The highest 24-hr concentration recorded was 30.0 mg/m3. This is well below the National Ambient Air Quality Standard of 150 mg/m3 and indicates that PM,, tailing emissions are controlled effectively.

18.5 THE MINE PERMITTING PROCESS: A CASE STUDY OF THE ALASKA-JUNEAU MINE by W.

location adjacent to an old established city (Juneau, see Figure 9); a long history of operation (first clpened prior to 1900); permitting requirements under a local ordinance as well as the more common federal and state permitting regulations;major design changes from the original plan were required; socioeconomic impacts of the project; and a change in the ownership of the public lands from the federal to the state government. Each of these issues provides information of interest and importance for other mining projects. 18.5.2 MINE HISTORY

Gold was discovered in placer deposits in the Juneau area in the early 1880s. After further prospecting, the A-J Mining Company filed for thirteen patented lode claims in the Silver Bow Basin in 1897. These claims eventually materialized into the Alaska-Juneau (A-J) and Perseverance mines located adjacent to the town of Juneau. The A-J Mining Company began production at the A-J mine using a 30-stamp mill soon after the patents were filed.This mill was used until 1912 when it was replaced by a 50-stamp mill. The mine reached peak production of 13,OOO tons a day in the 1920s after a number of improvements and the addition of a new ball mill. The Perseverance mine was originally operated by the Alaska Gastineau Gold Mining Company from 1912 to 1920. This property was purchased by the A-J Mining Company in 1934 and was mined as part of the A-J operation until 1944 when both operations closed due to labor shortages and increasing production costs associated with the war effort. All properties and facilities associated with the mine were purchased by Alaska Electric Light and Power Company (AFiL&P) and the City and Borough of Juneau (CBJ) in 1972. At one time the A-J mine was one of the largest underground gold mines in the world. Echo Bay Alaska, Inc. (EBA) is presently seeking approval to reopen the A-J mine. EBA plans to lease the mineralized property from AEL&P and CBJ. In addition, EEA will lease lands from the State of Alaska and AEL&P for surface facilities and Ian& from Alaska for underground and tailings facilities. The State of Alaska recently acquired the lands from the U.S.Bureau of land Management {USBLM) based upon the Alaska Native Claims Settlement Act of 1971. 18.5.3 PROPOSED DEVELOPMENT

E. Martin and L. A. McDonald

18.5.1 INTRODUCTION

A study of the Alaska-Juneau Mine (A-J) provides insight into the effects of the mine permitting process on project development. Some of the more important issues highlighted by the permitting of the A-J mine are: its

The essential elements of the proposal submitted by EBA states that the mine project has 46 million standard tons of proven and probable gold reserves at a grade of approximately .05 ouncedton. The mine is scheduled to produce 22,500 st of ore per/day with the Iife of the mine estimated to he 13 years (US Bureau of Land Management [USBLM], 1992). The project includes a


705

Figure 10 Original A J mine design. surface processing and refining facility on a 30 acre site at Thane, southeast of Juneau (Figures 10 and 11). The Bradley Adit. a 2.7 mile tunnel, will connect the surface facility with an underground crushing facility located next to the ore body. EEA will use the stoping under rock fill (SURF) mining method (USBLM, 1992) due to the low p d e of the deposit. Ore will be mined from predetermined blocks in two steps. First, twenty-five percent of the ore will be removed to make room for the remaining broken ore. Then the remaining ore will be extracted by mechanical scoops after a sequenced mass blast. The predetermined blocks (unit stopes) are 160 feet along the direction of the ore body, 380 feet high and range from 40 to 550 feet in width (USBLM, 1992). The broken gold-beanng ore will then be transported to an underground mill where it is crushed and gravity separated. The remaining fine grain material is transported to the surface facility fur further refining using a cyanide leaching process. It is proposed that the tailings be thickened into a slurry and pumped back through the Bradley adit to a tailings impoundment located in Sheep Creek valley. Excess waste rock will also be transported to a permanent disposal site in Sheep

Creek valley. The project is fairly straightforward from an engineering point of view, but there are several nonengineering issues that must be considered that make the A-J project unique. 18.5.4 PERMITTING THE A-J MINE

Over the course of permitting the A-J mine, Echo Bay has been faced with a variety of unusual events. This section will address six permitting issues that provide interesting lessons for other mines and insight into the effectiveness and potential impact of the permitting process on mine development and operation.

18.5.4.1 Reopening of a Mine The A-.I mine had previously operated for approximately 30 years and if it should reupen, it will have been at least 50 years since it last operated. Over th~stime dramatic changes have occurred, particularly regardmg the attitudes of environmental impacts of mining. It appears that the area, which has traditionally been dominated by supporters of extractive industries, has now a t w e d a

706

CHAPTER

18

Figure 11 A - J Mine design, 1992

strung environmental component. 18.5.4.2 Development Within City Boundaries

The City and Borough of Juneau (CSJ) was thc first local government in southeast Alaska to expand its infl ucnce in the environmental compliance process to include legal requirements designed to address environmental impacts prior 10 allowing development of a mine. State and local governments are allowed to set criteria which are more stringent than federal regulations as long as a right which has been granted by federal legislation is not rendered impossible to exercise by such laws (Laitos, 1985). The CBJ amended an ordinance whch affects all exploration and mining activities within CBJ’s jurisdiction on October 6 , 1989 (CBJ Ordinance 89-47am, 1989). This ordinance is relevant to a number of mining operations and communities because the area witluun CBJ’s jurisdiction is very large (see Figure 10). The City and Borough of Juneau is comparable in size to the State of Rhode Island. These amendments require mining and exploration activities within CBJ’s boundary

to obtain permits for large mines from CBJ. Large mine projects are ones which will disturb 20 or more acres, employ 75 or more or where there is a full Environmental Impact Statement involved (CBJ Ordinance 89-47am,1989). CBJ requires operators of large mining projects to submit an application for a mining permit in the form of a report containing specific information regarding mining

operations which officials can use to determine if the operation compljes with f’edcral, slate and local environmental requirements. Information included in the application consists of (CBJ Ordinance 89-47am):

0

Description of the mine site and afTe.cted surface area including all roads, buildings and processing facilities; Time table of the proposed mining operation; Description of all reclamation operations; Description of methods used to control, treat and transport hazardous substances, sewage and solid waste; and Description of other potential environmental, health, safety and general welfare effects.


707

Table 4 Summary of Federal Environmental Permits Required for Mining Projects in Southeast Alaska

AGENCY

CWA

CAA

RCRA

OTHER

EPA

NPDES SPCC Review Section 404 Permit

PSD Approval

Notification of Hazardous Waste Activity

NEPA Compliance

COE

Section 404 Permit

NEPA Compliance Section 10 @&.HA) Section 103 (MPRSA)

USFWS

Threatened and Endangered Species Clearance Bald Eagle Protection Act Clearance

USFS

NEPA Compliance Special Use Permit Reclamation Bond Plan of Operations

USBLM

NEPA Compliance Right-of-way Permit Special Use Permit

An additional requirement for a mining permit from CBJ is a financial warranty. The amount of the financial warranty will be determined by city officials using the advice of the engineering department and consideration of all financial warranties given to other agencies. Operators may be exempt from providing a financial warranty if officials determine that warranties already provided to other government agencies are sufficient to cover CBJ’s requirements. The warranty will be reviewed annually to determine if the amount should be increased or decreased (CBJ Ordinance 89-47am). A summary of major federal, state and local environmental permits and requirements for the A-J mine are listed in Tables 4, 5, and 6 . There are additional requirements which Echo Bay will have to meet which are not listed in this summary.

in 1971. Under ANCSA Alaskan Natives and Native Corporations were allotted approximately 44 million acres, 80 million acres were set aside for the federal government and the state selection process was permitted to continue. Other issues associated with land transfers in Alaska were addressed by Congress in the Alaska National Interest Lands Act of 1980. This act will not be addressed since it has little impact on the land ownership issues affecting the A-J mine. At this time, the state has selected land surrounding the A-J mine that was previously managed by the USBLM. Since the USBLM is no longer directly involved in the land management of the area, they have adopted the position that they have no standing to issue a record of decision (ROD) and have basically resigned from the process. At this time it is unclear which agency will issue a ROD or if multiple agencies will issue RODS.

18.5.4.3 Land Ownership Issues 18.5.4.4 State And Federal Roles

While thc USBLM was the lead agcncy throughout the NEPA process, currcnt uncertainty of its continuing role dates back to the Alaska Statehood Act of 1959. When Alaska was admitted as a new state into the union the act specified that Alaska would be permitted to select 100 million acres of federal land for the state. Once lhe state began sclccting land, controvcrsy surfaced regarding claims by Alaskan natives. This was resolved by passage of the Alaska Native Claims Settlement Act (ANCSA)

Another major delay of the A-J project has been the issuance or thc National Pollution Discharge Elimination System (NPDES) pcrmit. Currently the NPDES permit is being delayed due to the uncertainty regarding the standards set by the state of Alaska. Alaska is rcvising its water quality standards which must then be approved by the EPA under the Clean Water Act. Revision of state water quality standards is required every

708

CHAPTER

18

Table 5 Summary of Alaska State Environmental Permits Required For Mining Projects in Southeast Alaska AGENCY

CWA

CAA

RCRA

OTHER

ADEC

Certification of Reasonable Assurance

Air Quality Permit

Solid Waste Management Permit

Oil Facilities Approval of Financial Responsibility

Oil Facility Discharge Contingency Plan ADGC

Coastal Project Questionnaire Coastal Management Program Certification

ADNR

Water Right Tidelands Lease Permit to Modify or Construct a

D m Right-of-WayFernit Fish Passage Permit Fish Habitat Approval of Coastal Zone Management

Table 6 Summary of CEJ Environmental Permits Required tor Mining Projects in Southeast Alaska

~~

CBJ

three years by amendments made to the Clean Water Act, and this has delayed issuing the NPDES permit for A-J and several other projects. 18.5.4.5 Technical Design Changes

Another impact of the environmental permitting process on the A-J project are a number of design changes which were proposed by EBA as the project moved through the NEPA process. The majority of these changes can be attributed to the high degree of public scrutiny the project has experienced, mainly due to the close proximity of the project to Juneau and Douglas. Major design changes include: 1) moving milling operations to an underground site; 2) moving the surface facilities from the Rock Dump site four miles south to Thane; and 3) using liquefied petroleum gas (LPG) instead of diesel fuel

~

Mining Permit Financial Warranty NEPA Compliance

for power generation. There were also a number of minor design changes which were initiated by the NEPA process which are discussed in the Draft BIS (USBLM, 1991). Problems associated with leasing and the physical nature of the area along The Gastineau Channel, reduced the number of sites available for a milling facility. The location of any surface facilities at the North Rock Dump Site were eliminated from further consideration because of the ongoing litigation surroundmg land ownership (Bank of California v. Hayes, IJU-82-2048 Civil Superior Court, First Judicial District at Juneau) (USBLM, 1989). The close proximity of Juneau and Douglas reduced the feasidility of placing a milling facility on the surface due to noise generation during operation. By moving the milling facility below ground, reduced noise and reduced intertidal and subtidal fill


----

709

Proposed Time Line in 1989 PreliminaiyDEIS Actual Time Une

ACTIVITY

I985

Exploration Environmental Data Collection

-

I -

NEPA Process Permitting Process

Construction Mill & Mine Production

Figure 12 Estimated timeline for the A - J Project.

requirements have been achieved. 18.5.4.6 Time Line Impacts

After severa1 years of exploration and environmental baseline studies, EBA filed the necessary documents with the USBLM to begin the NEPA process in 1989. In addition, EBA filed a number of appropriate permit applications with federal, state and local agencies. A preliminary Draft EIS was completed in October, 1989 and the Final Draft EIS for general comment was released in January of 1991. The initial permits were amended and evaluated with the FinaI EIS, which was released in May, 1992. Company officials are assuming that NEPA review and authorization of the project will be completed in 1993. This estimation may be optimistic since the land transfer between the USBLM and the state of Alaska has not been finalized. Even though the final EIS has been released, no ROD has been issued. At this time it is believed that either the EPA or Corps of Engineers (COE) will write the ROD, assuming they agree on the form it should take. If the COE and EPA disagree as to the form it is conceivable that both would issue RODS.

Construction of the project is expected to take 30 months to complete which would allow gold production to commence sometime in 1995. The mine is expected to operate until 2008 with reclamation activities after closure to take approximately two years. The estimated, actual and proposed project time line are presented in Figure 12. 18.5.5

CONCLUSIONS

The NEPA process for the A-J mine began in 1989 a d lasted well into 1992 and as of late 1993 there is still no ROD. During this process not onIy did the various governmental agencies involved have significant input but them were over I00 public meetings regarding the proposed project. This case highlights the potential issues that may need to be addressed by a firm considering developing a mine in a similar area. Aithough it is important for all affected parties to be fully informed and the various opinions addressed, it is also important that this process proceed in a timely a d efficient manner. The A-J study illustrates the delays to which the permitting process can impact the development of a mining project.

710

CHAPTER

18

-

18.6 OREGON THINGS LOOK DIFFERENT HERE (Development of the Oregon Chemical Process Mining Act of 1991) by R. K. Urnovitz

18.6.1 INTRODUCTION The State of Oregon has a reputation for using uncompromising solutions to address environmental problems. When exploration activities for precious metals intensified in the late 1980s, a high level of concern arose regarding possible adverse impacts from mining operations that employed leaching technology. The mining community, led by the Oregon Mining Council (OMC), responded to the concerns of the public by attempting to educate people about mining and emphasizing the range of measures available to minimize or mitigate impacts to the environment. This initiated the lengthy political process that culminated in a new state statute addressing chemical process mining, House Bill 2244 (HB 2244), and three major rulemakings by the executive agencies. The OMC made a good faith effort throughout the legislative process to work closely and constructively with the Governor's Office, the Legislature, state and federal agencies, and the public to develop a comprehensive, no-nonsense regulatory program for mining. It is fair to say that none of the parties involved, including several of the state agencics, are entirely satisfied with HB 2244. Nonetheless, support for the bill was given by all parties because the alternatives, such as litigation or a citizen's ballot initiative, were much less desirable. Even though the overall cffort received mixed reviews, having all the interests attempting to overcome their own hiases by working together in a constructive forum sct a very important and positive precedent in the State of Oregon. The lesson can he applied to future activities heavily influenced by politics, though the approach used in Orcgon is widely regarded by many in the mining industry as being very risky. This case study describes the key elements of the most critical component, the functioning of the Governors Mining Work Group (GMWG).

18.6.2 A BRIEF HISTORY Mining of metallic minerals began in Oregon with placer gold deposits being worked before statehood was granted in 1859. The largest gold mine in the state, as of 1992, is a placer operation; the Bonanza Mine near Baker City in Baker County. Also, Cominco American has operated Glenbrook Nickel Company near Riddle since 1988, after taking over the 40 year old operation from Hannah Mining. In 1990, Formosa Exploration completed permitting of the Silver Creek Mine in Douglas County

and began operations to extract copper and zinc. And, at the time of this writing, Plexus Resources, Inc. of Salt Lake City was in the midst of permitting the Bornite Project, a proposed underground copper mine, on lands administered by the U.S. Forest Service in Marion County. A number of well established mining organizations represent the several districts of independent miners. The most notable of these are the Eastern Oregon Mining Association (EOMA) and Bohemia Mine Owners Association (BMOA), serving the mining district of the same name. The primary membership of these two groups is individuals and small mining companies that are involved in developing placer deposits. The Northwest Mining Association (NWMA) of Spokane, Washington, a longtime participant in Oregon mineral affairs, along with a relatively new organization, the Oregon Mining Council (OMC), addressed the concerns of the larger mine operators. All the mining groups work closely with each other on issues of common interest.

18.6.3 EARLY REGULATION 18.6.3.1 1990: Rule-Making The Oregon Department of Geology and Mineral Industries (DOGAMI) was responsible for an earlier successful effort at negotiated rulemaking. Both the NWMA and the Oregon Environmental Council (OEC), an environmental organization, participated in this process along with the Oregon Departmcnt of Water Resources (ODWR). The major discussion areas were surface reclamation and drill-hole abandonment. Discussions were frank, honest, and open. The parties acknowledgcd the value of educating one another on both policy and technical issues. Miners provided recognized experts to discuss how to avoid potential problems with exploration activities. The result was a successful rulemaking by DOGAMI. that also met the needs of ODWR. The OEC was fully involved from the beginning of that process and all available information was provided to them by the mining community. Significantly, the final rules approved in 1990 were not appealed. This demonstrated that the groups involved in the rulemaking process believed that everyone had worked together in good-faith. More significantly, it indicated that even organizations with extremely different viewpoints could cooperate to assist the agencies in developing acceptable regulations. From the perspective of the mining industry, the rules adopted by DOGAMI were reasonable and workable. ODWR felt the rules were protective of ground water quality, and it gained the benefit of receiving aquifer data generated during exploration operations. DOGAMI had a set of comprehensive and enforceable regulations that would minimize the impacts from exploration activities, which also satisfied the OEC.


This endeavor helped establish the model for the legislative activities that culminated in HB 2244. Soon after the rulemaking for surface reclamation and drill hole abandonment, the environmental groups began working to increase the political pressure on gold mining. They focused on the Grassy Mountain Project of Atlas Precious Metals (Atlas) located in Malheur County, advocated a moratorium on permitting for any gold project that would use cyanide as a reagent, wanted the complete backfilling of all open-pits as a mandatory requirement of surface reclamation, and a severance tax of 15% of gross revenues. The mining community recognized early on that a concerted educational effort had to be undertaken to avoid a complete ban on gold mining operations using cyanide heap leach technology. The most immediate result was the formation of the Oregon Mining Council (OMC) in March of 1990. The first major public debate took place at the "Mining Issues Forum" sponsored by DOGAMI, held September 8, 1990, in Bend, Oregon. Virtually all the issues that were debated prior to the passage of HB 2244 were raised that day. These included:

18.6.3.1.2Heap Leach Gold Mining Issues The mining community understood that the GMWG would be crucial in setting the tone for addressing issues during the legislative session. The miners tended to view the scope of issues as those directly affecting Oregon, whereas the environmental groups broadened the scope to include national mining issues pertaining to any adverse impacts attributed to poorly managed mining activities anywhere. This broadened scope increased general public interest in the legislative debates. An objective evaluation revealed some of the cases publicized by the environmental groups were relatively well documented and illustrated not only the concern, but also indicated possible constructive solutions that would be acceptable to the mining community. The OMC took the opportunity to provide additional details that completed the story begun by the environmental groups. The core issues fell into these general categories: 0

0

Wildlife mortality from cyanide exposure, particularly migratory birds; Surface reclamation standards, with linkage to land use; Preventing adverse impacts to ground and surface water quality from cyanide and acid rock drainage (low pH and mobilization of heavy metals); Mitigating adverse impacts on the local community (infrastructure, social services); Appropriateness of a severance tax on metallic mineral production; Inspection and enforcement; Bonding and surety requirements; and Coordination of multi-agency permitting and review procedures. 18.6.3.1.1 Establishment of the Governors Mining Work Group Late in September of 1990, Governor Neil Goldschmidt created an ongoing forum for open discussion of mining related issues, the Governors Mining Work Group (GMWG). The key participants were the OMC, EOMA, DOGAMI, The Office of the Governor (Neil Goldschmidt from 1990 through 1991 and Barbara Roberts from 1991 through 1992), the OEC, the Wilderness Society, The Sierra Club, The Native Plants Society, the Oregon Department of Environmental Quality (ODEQ) and the Oregon Department of Fish & Wildlifc (ODFW). Other groups that played a role were thc Orcgon Natural Resources Council (ONRC) and BMOA.

711

0

Prevention of avian mortalities & other adverse effects to wildlife; Adequate open pit reclamation standards; Protecting water quality from cyanide and acid rock drainage; Mine permit application review process; and Mitigating socioeconomic impacts to local communities.

18.7.3.2 1991: A New Governor Takes Office Where Governor Goldschmidt was a moderate, the incoming Governor, Barbara Roberts, was decidedly liberal in her views. She enjoyed wide support among the environmental groups, as her stated public policy positions were very compatible with theirs. However, Governor Roberts did not receive a mandate from the voters. Her conservative opponents split their collective vote, allowing her to take office with less than 47% of the ballots cast. The conservative groundswell resulted in the Republicans gaining a slim majority in the Oregon House for the first time in twenty years. The Democrats retained control of the Oregon Senate. The mining community recommended that the GMWG be continued as it appeared to be a useful forum for dialogue that would allow them an opportunity to help set the legislative agenda. Governor Roberts decided to continue the GMWG and appointed Ms. Martha Pagel as the new Chair.

18.6.4 THE LEGISLATIVE PROCESS 18.6.4.1 The Early Bills The OMC was advised at the beginning of the session by both the Republican and Democratic leadership that a

712

CHAPTER

18

mining bill was going to be passed and it was encouraged to fully participate in the process. Both DOGAMI and the environmental groups were prepared to submit legislative proposals. The OMC supported two DOGAMI items that were introduced in the House. One would make the use of white PVC pipe illegal when staking locations on federal lands. The other, HB 2244, proposed improvements in the states mine permitting process to better coordinate the responsibilities of the various state agencies. HI3 2244 began as a relatively modest attempt by DOGAMI to address several perceived shortcomings in the states mine regulatory program. In particular, they wanted to clearly provide for opportunities for public input and hearings in the DOGAMI permitting process and to evaluate socioeconomic impacts to local communities to determine if some form of mitigation should be considered. The environmental groups developed a comprehensive mine regulation and reclamation proposal that was introduced on their behalf in the Senate, Senate Bill 1 182 (SB 1182). It featured such, provisions as mandatory backfilling to approximate original contour of all open pits, broad application of Best Available Control Technology (BACT), zero loss of wildlife due to mine operations, permit blocking for operators not in compliance with the law, citizen inspections of mines. and broad citizen suit provisions. While the political wags suggested that the short title of SB 1182 bill should he "The Ban Mining In Oregon Acl of 1991", no one joked about the serious implications for the mining community if the bill passed. OMC made it very clear that SB 1 182 was completely unacccptable and unnecessary. Further complicating the situation was the threat by the ONRC to put a citizens initiative on the ballot and ask Oregonians to impose the terms of the bill if the proposal failed in the legislature. The mining industry wished to respond in a meaningful way to this initiative and OMC members believed that endorsing the DOGAMI proposals would adequately demonstrate that the industry wanted to continue to work in good faith with the state regulatory agencies. It was believed that this approach would be effective in dealing with radical proposals, while minimizing the political risks that the industry would have to take. 18.6.4.2 Action In The House

Early in the session the House Committee on Agriculture, Forestry & Natural Resources (Agriculture Committee) held hearings on DOGAMI's HB 2244. While a number of committee members were sympathetic to minings point of view, they were also sensitive to the concerns of the public as reported to them in the major newspapers.

The mining industry presented testimony supporting the basic concepts of HB 2244 and made suggestions for improvements. The Agriculture Committee asked OMC to submit language intended to strengthen and expand the original bill, especially in areas of wildlife protection. Since no language had been prepared, it was agreed to bring back material for consideration within a few days. The miners were pleased with this, as it appeared that the House would indeed be responsive to their concerns. as had been expected. However, the legislator assigned the task of drafting the language decided to ask the GMWG to develop amendment language for the bill. By not having comprehensive language prepared at the time of the initial hearing, the mining community lost the opportunity to control the agenda. The A ~ c u l t u r e Committee soon expanded their request and asked the GMWG to attempt to reach a consensus on as many of the issues as possible and bring back outstanding items.

18.6.4.3 Negotiating Statutory Language OMC rccognizd that the GMWG had become the keystone to the legislative effort, rather than the legislature itself. If OMC successfully worked with the GMWG, then there was a good chancc of having an acceptable statute corning out of the legislature that the governor would sign. However, if miners did not work in good faith in the GMWG and were perceived as heing obstructive, then the chance for a successful outcome for thc mining interests would be diminished. By this time miners were beginning to accept that the Oregon permitting program would include a stringent and complex review process; but the price could be worth paying if the extremely difficult standards being proposed by the environmental groups were to be avoided. As the center of action moved to the GMWG, Martha Pagel, as Chair, k a m e the key player. She was tough minded, but fair in her approach. Preliminaries included setting the agenda and deciding who would participate in the negotiations. The CMWG had already started the agenda setting process, and thc represcntation question was a problem only for the activist community. The limitation on the number of individuals that could be directly involved in the discussions was a practical consideration. It was necessary to maintaining continuity between meetings and to hold each group involved accountable for its statements and positions. Remarkably, though emotions ran high from time to time, everyone directly involved in the negotiations remained civil and tried to respect other positions even while strenuously disagreeing. This allowed some bridges to be built between the various factions based on recognition that a good faith effort was being put forth. There was the usual posturing, especially at the early sessions, but by the end a level of trust had developed


that allowed real progress to be made. At the same time as the GMWG was working, testimony had to be prepared and presented for hearings on other mining related bills, including SB 1 182. In this tcstimony miners med to send a clear message to the Senate and the activist community that OMC rejected the intent of SB 1182 in its entirety, and again emphasized that a permitting moratorium was unacceptable under any circumstances. It was stated that the bill did not represent a viable, reasonable approach to mine regulation. Even while this testimony was being delivered, everyone was aware that concepts from SB 1182 were going to find their way into the "consensus" item being worked on in the GMWG; but OMC was determined to make sure that the bill finally acted upon was an improved HE 2244 and not a pared down SB 1 182. About this time, some miners fclt thc threat of a referendum was becoming a secondary concern, since the possibility of a lengthy permitting moratorium seemed to be a far greater threat. By avoiding a moratorium, i t was hoped to provide Atlas, as well as other OMC members, with an opportunity for getting projects online, since they were already well along in the existing permit process. The pace of events was accelerating, and OMC advised its members that they should prepare for a real Nantucket Sleigh Ride. One major concession the mining industry obtained in the GMWG was to have HB 2244 apply only to chemical process mines. Specifically excluded were gravity beneficiation methods, such as placer operations and flotation mills. The primary reason that the GMWG accepted the concession was that the group had concluded during the Goldschmidt Administration, that the state agencies already had adequate statutory authority to regulate any aspect of mining that could create an adverse environmental impact. The irony of the situation was not lost on the mining community. Consensus was reached in the GMWG on a large number of items. There was broad support and basic agreement on the substantive issues listed below. Complete closure eluded the GMWG so the outstanding items went to the legislature for its decision, as outlined below:

Public Participation

Consensus: any permit review process must have adequate opportunity for public review and comments.

No Consensus: number and length of appeals, and if the process should be stayed automatically for any and all appeals.

Standards and Monitoring

Consensus: air and water quality should be

713

protected, all applicable standards met, and monitoring is to be normal and necessary to confirm that standards are being achieved.

No Consensus: whether mining companies should be allowed to perform any of the monitoring or should all such work be done by third party consultants under contract to the state, but paid for by the permit applicant.

Wildlife

Consensus: all reasonable measures should be employed to minimize loss of wildlife directly attributable to mine opcrations, and a goal of no net loss of wildlife.

No Consensus: whether the standard should be zero wildlife mortality with any loss of wildlife due to mining activities constituting a permit violation.

Reclamation

Consensus: surface disturbances must be reclaimed and rehabilitated with the goal of leaving the site in a physically and chemically stable condition that does not pose a hazard to humans, livestock, or wildlife. Revegetation efforts should emphasize the use of native species, but the use of adaptive species for interim stabilization and areas that could be prone to erosion would be allowed. The final result should blend in with the surrounding terrain and support a stable and reasonably diverse plant community. It needs to be noted that the state agencies, especially DOGAMI, worked hard to convince everyone that nobody can restore a surface mining site; however, good reclamation would act as a catalyst so nature can complete the job in a fairly short time.

No Consensus: whether backfilling of all pits and excavations and reshaping all sites to approximate original contour should be mandated.

In addition, the mining industry continued to have serious concerns regarding the following outstanding items, which were expressed in both the GMWG meetings and before thc Agriculture Committee: Any kind of moratorium or other prohibition on mine permit processing. Requiring companies that had been acting under state agency direction to start over from thc beginning of any new process that may be put in place. The inclusion of a fair and equitable means of allowing companies that were already "in-the-pipeline" to transition from the current ad hoc joint permit

714

CHAPTER

18

approach to the proposed statute based consolidated permit process had to be a priority item for consideration in the final bill. The bottom line for the environmental groups on this issue centered on public involvement and full compliance with any new environmental standards. OMC pointed out that any projects being proposed on federal lands would meet the former requirement due to the NEPA process and would not be exempt from the latter. The possibility of a dual EIS type project/permit approval process for projects on federal lands had to be avoided. OMC believed the state agencies should be required to enter into a Memorandum of Understanding with both the BLM and USFS in order to combine their respective EIS data collection and analysis requirements so the whole process would only have to be done once. This would be especially important for those projects that include both private or state and federal land ownership. For these reasons, OMC felt that the GMWG process could still benefit from the direct participation of the ELM and USFS and recommended that they be invited to participate. The suggestion of federal participation in the GMWG was summarily dismissed by the Chair. It was stated that the federal agencies were not considered to be credible defenders of the environment by the administration. OMC could not pursue the matter further at that point, but presumed that this complete disregard for what appeared to be a legitimate role for the federal land management agencies, and the preemption authority of the federal government, was an ill omen for the final outcome of their endeavor. The most contentious issues became the moratorium on permit processing proposal and mandatory pit backfilling at all mine sites. While the House committee remained somewhat supportive, it felt compelled to make sure that the bill was comprchensive and included rigorous, but ostensibly fair, standards. Thc House passed the measure in a form that was already far more rigorous than industry had hoped the final bill would be after its journey through the Senate. Even though the mandatory backfilling provisions were not included, miners thought they were facing a grim situation. Soon after passing the House, HB 2244 was considered before the Senate Agriculture and Natural Resources Committee. Where the House had always been somewhat sympathetic to the concerns of the mining industry, the Senate had always been less than enthusiastic about the prospect of large scale mining ventures coming to the state. Nonetheless, the Senate Committee did allow the industry an opportunity to present its case. A very thorough and well thought-out presentation was made to assure the Senate committee that OMC was taking the issues seriously and was

working in good faith to put together a stringent, but practicable program. To OMCs surprise, miners were assured by the committee Chair that it was not his intention to pass a measure that would prevent mining from occurring in Oregon. Even more astonishing, the Senate only dealt with two substantive matters, which had been considered and dropped by the House. These were the long standing moratorium issue and the appeal provisions that included automatic permit stays. The Senate, taking a cue from the House, sent these items back to the GMWG in a last attempt to reach a consensus. In an effort to gather additional political strength to counter that of the environmental groups, OMC reviewed its options to see what could be done to rally public support. For example, many mining people felt that a more aggressive public education program needed to be implemented. However, the time frame involved was not sufficient to significantly expand the existing effort that the OMC budget included such as slide show lectures to civic groups, radio talk shows, working with newspaper editorial boards, and distribution of brochures. It was reluctantly admitted that the program OMC could afford versus the one it needed, full page newspaper ads and television spots, would do little good in the near term. In the end, the Senate committee agreed to only a few amendments to the House version of the bill. The items that resulted in the most intensive lobbying were the permit moratorium and automatic permit stay pending the final resolution of appeals of any permit provisions. The conference committee resolved their differences by retaining the permit moratorium while regulations were promulgated and reducing the length of time that appeals would take, but retained the automatic stay of permit provision. 18.6.4.4 What Everyone Thought HB 2244 Meant As is often the case, consensus had been reached on a

number of items through finessing the meanings of certain terms. This was, of course, done quite consciously and all the parties were sure that their wording would provide them the upper hand during the regulatory development process. This would, however, result in interpretations of the act so disparate, that it would be hard to believe that people had read the same provision of the enabling statute when rulemaking began. The following summarizes the most widely held interpretation of HB 2244. The bill consolidated the application requirements of the various state agencies that deal with mines into a single permitting process so as to allow better coordination among the agencies and to set up a mechanism to resolve conflicting regulatory

ENVIRONMENTAL CASE STUDIES FROM THE HARD ROCK INDUSTRY requirements. Pursuant to Section 37 of the bill, permit applications under this program would not be accepted before October 1, 1991, to allow time for the completion of an emergency rulemaking by DOGAMI, which was designated as the lead state agency for the new permitting process, as well the other state agencies involved. However, all the rule promulgations were not actually completed until September of 1992. The bill also provided for strict environmental standards in Section 4, including an objective of zero wildlife mortality, the use of pit backfilling to address environmental impacts that cannot be mitigated any other way, and the use of best available and practicable technology to meet environmental standards. Section 2 1 provided for automatic suspension of approved permits if appealed. A very high level of citizen participation was requested by the environmental groups and supported by the state agencies. Civil penalty provisions, Section 24c, were also incorporated. Applicants are now liable for fully reimbursing the state agencies for any costs directly related to processing an application, including agencies that have only an advisory role to an agency issuing a permit. This is a trend in all of Oregon's permitting programs and is not unique to mining. The provisions of HB 2244 do not upply to mine operations employing flotation or gravity processes, dredge and placer operations, very small mines regardless of beneficiation process employed, or exploration activities. These operations continue to be regulated under existing regulatory programs. Signed into law by Governor Barbara Roberts in July of 1991, HB 2244 triggered a wave of regulatory promulgations made necessary to meet the provisions of the statute. The most important were those by the Oregon Department of Geology and Mineral Industries (DOGAMI), the Oregon Department of Environmental Quality (ODEQ), Oregon Department of Water Resources (ODWR), and the Oregon Department of Fish & Wildlife (ODFW), including; DOGAMI rulemaking to address the consolidated pcrmit prwcdurcs and requirements for both mitigation and the state environmental assessment. Development of a Memorandum of Understanding between D O G M I and the federal land management agencies to minimize duplication and overlap during the permitting process. ODFW rulemaking describing the process for determining the wildlife protection measures to bc utilized and habitat mitigation requirements. Other state agcncies, such as ODWR, amended their regulations so that they are consistent with the terms of HB 2244, but these were not considered major actions.

0

715

The estabrishment of a special commission, the Mineral Tax Task Force, chaired by DOGAMI, to look into the question of whether some sort of severance tax on the industry is necessary or feasible. The completion of Rules by ODEQ addressing waste materials such as tailings and spent ore.

It will not be easy or inexpensive to permit a gold mine that uses a cyanide process in Oregon, but it can be done. 18.6.5 ANALYSIS OF THE OREGON EXPERIENCE Hindsight always allows for the realization of how those involved could have gained more (or lost less) than they actually did. This can be said of events in Oregon. The reality of the situation, however, demands that the mining community accept that what is talked about is matters of degree, not a revolutionary difference in the outcome. Complete avoidance of new legislation would very likely have meant facing a statewide referendum on the issues. Those who have fought ballot initiatives in South Dakota and California know first hand the uncertainty and monetary cost such a struggle entails. This would have been a no-win situation for the mining industry. The path chosen did allow the industry to earn the respect, however grudging, of the environmental groups and state regulatory community. It resulted in the Governor publicly stating that she would oppose an antimining referendum. The mining community in general also gained credibility in the state legislature on both sides of the aisle. This will serve the mining industry well in the future, as these achievements can only be made by acting in good faith. Oregon will remain one of the most difficurt states in which to permit and operate a mine. The tradition of public involvement, recently enhanced by the environmental groups so that it is truly invasive, and deep aversion to risk means that any proposal will be very closely scrutinized, and all concerns, both real and imagined, will have to be address in some manner. However, the most effective approach to this situation is to meet it head-on by making sure that details in a proposed operating plan are not overlooked or given short shrift. Early and full involvement in the planning and development stages of a project by a representative cross section of peoplc living in affected communities, not just thc cnvironmental groups, and keeping elected officials informed will allow mining companies to clear the hurdles. Complete openness is one of the keys to gaining and keeping the credibility needed to bridging the gaps that exist between industry and those who would

716

CHAPTER

18

truly prefer to see no further development. 18.6.6 APPLYING THE LESSONS LEARNED

Though Oregon may represent an extreme, the basic thrust taken by the Oregon environmental groups is not unique. Much of the Oregon experience is applicable to situations in other venues. Though not all that was learned is new or improved, it serves to underscore the point that potential opportunities are still being missed by the mining community. What is the bottom line? The evidence strongly suggests that industry must become more pro-active in its approach, rather than continually reacting to outside pressures. Traditionally, miners have not embraced the pro-active style of addressing political issues. Taking a defensive posture usually brought about the dared result. But as times change, and the issues become more driven, at least ostensibly, by scientific concerns and the application of practicable technological solutions, the mining community has become increasingly isolated and vulnerable. Miners are the experts in the art and science of mining, yet the mining industry has allowed nonminers to set the agenda and define the terms of the ongoing debate. For mining to remain feasible in the future, particularly in the United States, a new strategy is necessary. The industry must overcome the risks inherent with using any sort of new approach and assume the position of leadership that it rightfully should have. The pacesetter role must not be abdmted to government agencies or other special interest groups, though the legitimacy of their involvement is undeniable. If it is, the result will be an increasingly hostile political and regulatory framework that will devolve to the point of being a & fact0 ban on mining. Despite the tough sledding in Oregon. the pro-active approach is proving to be effective and should be embraced by the mining community. REFERENCES Arbuckle, Gordon J., et al. Environmental Law Handbook 11th ed. Government Institute, Inc. Rockville, MD 1991. Bohn, R.R. and J.D. Johnson, 1983, "Dust Control on Active Tailing Ponds," Research Contract Report No. 50218024 for U.S. Bureau of Mines, Washington, DC, 124 pp. 3rady, N.C., 1974, The Nature and Properties of Soils, 8 t h ed., Macmillan Co., New York, NY, 639 pp. Brawner, C.O. and D.B. Campbell, 1972, "The Tailing Structure and Its Characteristics - A Soils Engineers Viewpoint," Proceedings, First International Tailing Symposium, Tucson, AZ, C.L. Aplin and G.O.Argall, eds., pp. 59-101.

Bull & Associates. Environmental Baseline - Alaska-Juneau Project, prepared for Echo Bay Exploration Inc., February, 1989. Chepil. W.S., F.H. Siddoway and D.V. Armbrust, 1962, "Climatic Factor for Estimating Wind Erodibility of Farm Fields", Journal of Soil and Water Conservation, Vol. 17, pp. 162-165. "Chronologic Site History, Volume I," prepared for the Summitville Study Group, by Knight Pihold and Co.. May 25, 1993. City and Borough of Juneau, Alaska. Juneau Coastal Management Program, Part Two The Comprehensive Plan City and Borough of Juneau, Alaska. September 30, 1989. City and Borough of Juneau, Alaska, Ordinance of the City and Borough of Juneau, Alaska, Serial No. 89-47am. 10/06/89. City and Borough of Juneau, Kensington Gold Project Large Mine Permit M-06-90, Recommendation Document, October 1992. Donaldson, G.W., 1960, "The Stability of Slimes Dams in the Gold Mining Industry," South African Institute of Mining and Metallurgy, Vol. 61, pp. 183-199. Echo Bay Exploration, Inc. A-J Mine Project. Submitted to City and Borough of Juneau, November, 1990. "Is Alaska Poised for a Mining Boom?" Engineering Md Mining Journal vol. 192, no. 11, 1991. Fuller, W.H., 1972, Soils of (he Desert Southwest, University of Arizona Press, Tucson. 102 pp. Goldfarb, R.J., Leach, D.L.. Pickthorn. W.J., and Paterson, C.J., 1988. Origin of Lode-gold Deposits of the Juneau Gold Belt, Southeast Alaska: Geology, v. 16. p. 440443. Laitos, Ian G., Natwal Resource Law. West Publishing Company. St. Paul, Minn., 1985. Sellers, W.D. and R.H. Hill, eds., 1974. Arizona Climate 1931-1972, 2nd ed., University of Arizona Press, Tucson, 616 pp. Shreve, F., 1951, "Vegetation and Flora of the Sonoran Desert," Vol.1, "Vegetation," Carnegie institute of Washington Pub,, Vol. 591, pp. 1-192. Skidmore, E.L. and N.P. Woodruff, 1968, "Wind Erosion Forces in the United States and Their Use in Predicting Soil Loss," U.S.Department of Agriculture Handbook. Vol. 344, pp. 1-42. Sultan, H.A., 1975, "Soil Erosion and Dust Control on Arizona Highways," Part IV, Field Testing Program, Report No. A m - R S - 13-141-IV, Arizona Department of Transportation, Phoenix. Tabler, R.D., 1988, Snow Fence Handbook, Tabler and Associates, Laramie, WY, 169 pp. United States Bureau of Land Management, A-J Mine Project Draft Environmental Impact Statement, BLM-AK-ES-9 1-010-2800-980. January 1991. United States Bureau of Land Management, A-J Mine Project Final Environmental Impact Statement, BLM-AK-ES-92028-800- 980. May 1992. United States Bureau of Land Management, Preliminary Draft Environmental Impact Statement for the A-J Mine Project. BLM-AK-IT-001-2800-980, October 31, 1989. Woodruff, N.P. and F.H., Siddoway, 1965, "A Wind Erosion


Equation," Proceedings of the Soil Science Society of America, Vol. 29, pp. 602-608. Zaniewski, J.P. and A.K. Bennett, 1989, "Consumers Guide

717

to Dust Control Technologies," Report of Center for Advanced Research in Transportation, Arizona State University, Tempe, 68 pp.

Chapter 79

CURRENT AND PROJECTED ISSUES edited by P. Keppler

19.1 INTRODUCTION

organized under the following subjects:

Environmental laws and regulations can (and do) change rapidly in response to public concerns and environmental accidents or disasters (e.g,, Three Mile Island, Love Canal, and Bhopal). Also, the status of the economy has a significant impact on environmental legislation. For example, i n the early 1990s, the economic recession i n the United States and other countries had a chilling effect on major new environmental legislation. Bills to reauthorize and substantially amend the Clean Water Act and the Resource Conservation and Recovery Act or Solid Waste Act were hotly debated in Congress and were not enacted in part because of concerns about the economic impacts of such legislation. These issues will be discussed in more detail below. In 1992, the election of Bill Clinton and A1 Gore as President and Vice President, respectively, as well as a number of new Representatives and Senators in the Congress, was expected to Rave a significant impact on Federal legislation and regulations affecting the mining industry. With a Democratic Administration and a Democratic majority in the Congress, it was anticipated that several environmental laws and a new mining act would be passed in the 1993-94 Congressional session. With the Republicans regaining a majority in the House and Senate in 1994, it appeared as though there would be a major rollback of environmental requirements in order to "get government off industry's back" and keep the United States a leader in the new world economy. At this writing (Spring 1996). neither of these scenarios has come to pass and we have maintained the status quo for all of the major environmental laws and the 1872 Mining Law. It is evident that regardless of the political rhetoric, the fundamental principles of environmental protection and resource conservation held by most Americans, including the miners, manage to prevail and prevent significant shifts in national environmental policy. In this Chapter, the authors have attempted to look at major trends in the environmental area and their impact on the mining industry. They focused on issues believed likely to affect the domestic mining industry for a number of years or decades to come. This Chapter is

Public perception of the mining industry and its environmental impacts. How the mining industry has and is likely to respond to public pressures and environmental legislation. The main emerging environmental issues for the mining industry. The relationship among Federal, State and local governments and the trend toward more local control over mining and other development. The impact of growing environmental awareness and concern in other countries and the international community generally. The economic impact of environmental regulations on the mining industry. The significance of the move toward pollution prevention and source reduction. Furthermore, several acknowledged experts, with differing backgrounds, have also provided "vision statements" as broad outlines of existing situations and anticipated environmental events affecting the mining industry.

19.2 PUBLIC AWARENESS AND CONCERNS by J. L. Danni

The Denver Post joined other newspapers and magazines by recently stating in an editorial that mining on Federal lands should be subject to more regulation and higher fees or royalties. National and local environmental organizations have been successful in portraying the choice as "wildlife, water quality or recreation" on the one hand versus "prospectors operating under rules developed in the nineteenth century" on the other. Some of these environmental groups are well-funded while others exist day-to-day due to the tenacity and single-mindedness of their membership. On the national level, environmentalism has clearly become big business. The Chronicle of Philanthropy

7 18


reports that environmental and animal welfare groups collected $3.15 billion in contributions in 1990. Fund raising is the life blood of active environmental organizations and fund raising requires emotional issues and adversaries. On both counts, the mining industry often fills the bill. The Congressional Quarterly has estimated the combined clout of the 13 environmental groups who regularly lobby Congress to be almost $240 million with a combined professional staff of nearly 3,000.They are supported by nearly 9 million members who all too often view mining as the environmental menace that motivates their members and brings in contributions. Complementing the large national organizations are numerous local and regional citizen groups. These groups tend to be politically sophisticated and are often more effective than the national groups in affecting the outcome of local natural resource development projects. Stung by accusations of being isolated from the main stream, national groups have refocused their outreach programs to tap the grassroots enthusiasm of regional and local organizations. Further, national groups have become sensitive to charges that they are predominantly white, upper middle-class organizations and have s m e d exploring inroads to minority groups. Organizations supporting the mining industry do not enjoy the same broad base of support as many of the national environmental groups. However, taking a page from those very organizations, the mining industry has begun building on local and regional bases of support and actively encouraging grassroots organizations. The industry has argued that the choices are not clear and simple, that public policy decisions are not just "trees versus jobs." Arguing for mulliplc usc and dcvelopment of natural resources on federal lands. as well as including the welfare of people into the political decision-makmg process, pro-industry organizations have begun to make some gains in public perception. Most Americans now consider themselves to be, if not environmentalists, at least environmentally aware. The scnsi tivity and concern about environmental issues is unprecedented in the history of this nation. The response of the mining industry to this phennmcnon has typically been to focus on "educating the public" to appreciate the benefits of modem society derived from mining. While education is an essential component for determining the survivability of the mining industry, the broader question as stated by E. S. Woolard, Jr., Chairman of E. I. Du Pont de Nemours & Co., Inc., is "Will industry be assimilated into the mainstream of world environmental awareness in a positive way?" There is an alarming tendency to look at environmental policy issues in terms of black and white - good and evil. While this may benefit fund raising for both sides, it does not benefit a society which demands environmental protection and the products of the mining

719

industry. A substantial portion of media coverage is devoted to emvironmental issues and all too often the villain is the mining industry or the forest products industry. Negative media coverage has increased not only because of changes in society's belief system, but also because resource development is no longer geographically isolated from public scrutiny. Mining and forestry are highly visible activities even in the less populated parts of the country which are accessed by broad spectrum of outdoor enthusiasts. Resource development, particularly mining, has been perceived for generations as an inherently necessary component of growth and progress. However, during the past generation, that linkage in the minds of many Americans has been severely weakened to the extent that when mining is considered at all by the public at large, it is often thought of as environmentally disruptive and worse yet, unnecessary for the greater good of society. Compounding this negative perception has been public concerns of metals in the environment and the chemicals used in the mineral extraction processes. Reports of lead poisoning, cyanide-related wildlife deaths and black lung disease in coal miners have ail tarnished and for thc most part outweighed any favorable articles on the mining industry. Furthermore, there is an ever increasing lack of understanding and appreciation by the public of the role of minerals in their lives. Many persons who intellectually accept the necessity of mining in society do so only if the activity is out of sight and sound of their ncighhorhood, favorite hiking trail, historical sight and so forth. In a highly mobile and urbanized society, the "backyard or neighborhood" can encompass a far reaching geographical area. Historically, thc mining industry has not ignored public opinion or conducted business in an unacceptable manner baqed o n environmental standards of the times. Rather. miners correctly assumed that public opinion mirrored indusuy opinion in the need to exploit minerals for the American economy to grow, for the West to bccome civili7Rd, and to provide jobs in the process. Thc mining industry ha$ on occasion been labeled as isolationist and quite conservative. This i s sorncwhat ironic given that the industry is at the mercy of world markets it does not and cannot control. If the industry was perceived as isolationist, it was because mining typically took place far from established urbanized centers. Perhaps compounding the perception of isolationism was the industry's sense of pride and accomplishment in tackling and overcoming long odds to develop projects under often difficult conditions. The image of the miner as an entrepreneur and rugged individualist still appeals to many supporters of the industry today. The competitive, sometimes secretive nature of minerals exploration has also perpetuated the perception of isolationism. If mining convention agendas and session topics are

720

CHAPTER

19

any indication, the industry today is very much aware of sensitive environmental issues and related public policy debates. Any comparison of mining trade association convention agendas of a decade ago to those of today reveals an exponential increase to topics related to the environment. The industry also has begun to take such discussion topics from the hand-wringing stage to the problem resolution stage. There is also a certain process similarity between national environmental organizations and national trade associations and their respective regional and local counterparts. The statement that "all politics is local" is true to the extent that the organizations closest to local issues can be the most effective. Regional or local issues can often be more readily quantified, constituency groups are smaller, and issue resolution is more attainable. While resolutions or successes achieved at the local level often leave unresolved the broader national policy issues, they do provide a reason to believe that environmental problems facing the industry are not insurmountable. Professor and historian Duane A. Smith, author of Mining America - The M u s w y and the Environment, 1800 - 1Y80. writes: "The shoutinx, the name calling, and the public condemnation Left their Scam on mining and shaped the indusbry's responses in the 1970s. Mining has not forgoaen rhar upheaval. Defenders h p e d thut the corner had beerr hrnied and that at! environrnencal consciousness had been awakened. Critics, on the other hand, did not believe that the &a& of the 60's could erasr positions that hi! been harciened b y centuries of exploitdon of minerals cmd (of) the land." That debate continues unabated to this day. It should be unarguahle, however, that the mining industry has become very sensitive to public opinion and supportive of overt efforts to shape public policy and problem solving to address environmental issues. The industry recognizes that even when jobs are considered in public policy discussions, if the debate ends in only a choice between jobs and the environment, the environment will win 9 out of 10 times. With such long odds, the challenge is to find and develop solutions to difficult environmental issues before the choices are reduced to such simplistic alternatives. It is revealing to review mining company annual reports from recent years. Many annual reports now feature environmental accomplishments and discuss the company's environmental challenges. A generation ago it was virtually unheard of for a mining company to receive recognition or awards for environmental stewardship. Today, not only do mining companies receive such awards, they aggressively compete for them.

The mining industry recognizes that it has a shrinking political constituency. National elected officials from historic mining states no longer automatically support the industry. The National Mining Association estimates that there are about 100 members of Congress who can be considered "friendly" toward the mining industry. Perhaps another 100 have some understanding of mining or a recognition of the essential nature of the industry. But even in the most favorable of political situations, the industry is far short of majority support. The challenge to the industry is to recognize that it is a political minority and to develop the operational abilities and political relationships necessary to survive as a minority. This includes an increased level of communication and cooperation between mining and its constituents, including suppliers to the industry and the end-users of its products. Perhaps even more encouraging to skeptical observers of the industry is the degree to which environmental consciousness has begun to pervade all levels of management. In the recent past, industry leaders perceived the need to address environmental and public policy issues and responded by creating appropriate programs and functions within their respective companies. Since that time, a broader corporate involvement in and appreciation of environmental issues has gradually been accepted by senior managers throughout the industry. There is reason to believe that such commitment has gone beyond sirnpIy lip service to a reflection of fundamental operational changes. The mining industry of the 1990s has had to become increasingly adept at compromise and negotiation as it relates to industry survival. However, an intimidating and growing array of difficult environmental issues continue to confront the mining industry. The eventual response to those environmental challenges will shape the mining industry as it attempts to do business into the 21st century. How will the industry deal with these challenges and operate within the next century? This is the question posed to several authorities with quite different backgrounds and perspectives. The following is their "vision of the environmental future of the mining industry."

19.2.1 THE RISKS OF DEVELOPING NEW MINERAL RESOURCES by A. Born From the middle of the 19th century until the middle of the 20th century, development of the mineral wealth of the United States was activeIy encouraged by national and, later, state governmental policies. This support was understandable, as the massive industrial development that occurred in the United States during the period was due to the availability of abundant, relatively cheap mineral resources, including fuels.


721

~

The development of mineral resources was catried out in accordance with the perceptions of the day - with people caught up in the dynamics of the expansionist period. Mine designers and builders, particularly during the first half of the period, were preoccupied with matching the extractive technologies to the peculiarities of the orebody and thc physical setting. Puhlic sentiment was heavily biased toward job availability, and issues such as uncontained railing or placement of waste rock where most convenient were seldom, if ever, raised, much less dwelled upon. Mining waste was not considered "environmental pollution" (the term had not yet been invented), but was looked upon as a necessary, localized consequence or the mine that provided jobs and economic security. Starting in the 1950s, a "back to the land" ethic evolvcd in the United States and other developed countries. This movement grew during the 1960s, and when the Vietnam War ended. a very sophisticated, well organized anti-war political movement formed the basis of several activist environmental organizations. The good part of the movement was helping develop a national consensus calling for improvement of the environment we all live in - which was long overdue. Despite m d a excesses, contrived health scares and other doomsday scenarios, and many instances of wasted resources, the movement has worked to the overall betterment of the nation's physical environment. However, as mining activities are excellent media targets, especially if located in relatively pristine mountain settings - which, frequently is the case - an entire generation has been led to believe mining is inherently destructive, serves no real purpose, and that it cannot be made compatible with the modem environmental ethic. Efforts made by the minerals industry to dispel this public perception have been scattered, localized, and ineffective. At this writing, the regulation of mining waste (tailing, waste rock) treatment and disposal is moving through the rule-making process. The EPA has for years agonized over how to regulate these low-toxicity, high-volume wastes. Being a politically sensitive issue, EPA and other Federal agencies have not been inclined to move quickly to regulate mining wastes and generate a lot of industry (and some political) ire. This issue will continue to be studied, first to determine the extent and nature of any contamination and, secondly - and one can only hope - to develop an economic, practical approach to ameliorating any problems discovered. Major new mineral developments, especially lhose on public lands, are subject to regulations and permil conditions covering the mine life from pre-engineering through eventual closure and reclamation. Essentially all of the conditions imposcd arc based on current technology, and thus tcchnically attainable. The problems arise in the time rcquired to obtain all the

required permits, and in the aggregated costs of the environmental control conditions plus the post-closure costs. The mineral deposit must be of adequate grade and tonnage to handle the conventional costs plus the very significant environmental burden, while returning sufficient profit to justify the capital investment. Further, there is always the possibility that, for whatever reason (e.g., community resistance, presence of endangered species, legal challenges extendmg the permitting period, etc.), the permits to develop the property may not be obtamed in a timely way or at all. Another possibility is that unreasonable technical or cconomic conditions may be imposed for meeting some environmental or reclamation requirement. If the project is abandoned during the permitting process, a heavy economic penalty can fall to the developer. Currcnt attempts to effcct major changes in the 1872 General Mining Law could compound the environmental permittingkost risks. As the risks rise, at some point prudent investors will no longer support expensive domestic exploration programs that are restricted as to where and under what conditions they can take place, and whose otherwise economic discoveries may not be developable in any event. As existing mineral reserves are mined out and not replaced through exploration, domestic minerals production could be replaced by imported material, and eventually the domestic hardrock mining industry could become insignificant. Having sown the seeds of pessimism on the future of hardrock mining in the United States, we can now discuss how to cope with what is obviously a very difficult situation. We have a model in the coaI mining industry's response to the Surface Mining Control and Reclamation Act of 1977. While viewed by some at the time as an unmanageable calamity, the industry has learned to live with the law, and in doing so has greatly improved its image in the public eye. Innovative reclamation and post-mining land use efforts have resulted in excellent wildlife habitat and recreational opportunities on reclaimed lands. We can cany this comparison so far, however, as the greater diversity in hardrock mining creates special circumstances and problems not present at surface coal mines. However. the minerals industry is technology-based and is managed by persons who are skilled and experienced in various technical and scientific disciplines. The industry nccds to use these skills to be more innovative in the environmental aspects of both mining and ore beneficiation. In the past, industry has let EPA take the initiative in proposing treatment methods which then lead to numeric standards. EPA has some capabilities in engineering and treatment technology, but I submit that expertise is not equal to the industry's ruad EPA should not be in the position of telling mining companies not only what they must do in the regulatory area, but how to do it as well.

For example, is there a substance that could economically be &led to tailing in the milling process that would inhibit oxidation of sulfides present and reduce the short- or long-term acid-forming potential? Are there environmentally benign lixiviants that could be used in in-situ leaching? We should be posing like questions to ourselves, most particularly in the planning phase for new projects. It is comfortable to go with the known treatment technology, but we should be a very large step ahead of EPA and other regulatory agencies which lack the professional resources of the minerals industry. Second, we musl start the difficult and time-consuming task of correcting the public misconceptions about the environmental effects of minerals production. We probably have lost that opportunity with the current generation of pre-teens and young adults, so a grass-roots effort should begin with the current second graders. This must be a pragmatic, accurate portrayal of the industry demonstrating that it can function compatibly with a clean and healthy environment and that it provides the starting materials for the necessities of life that we take for granted. I am personally convinced that, despite the constraints and challenges faced by the domestic minerals industry, it will remain viable for not only the next 20 years, but on into the distant future. More metals and other materials will be recovered through recycling or reworking existing residual mining deposits, but there will always be a need for new, virgin materials, and there will always be entrepreneurs willing to accept the risks of developing new sources.

19.2.2 MINING VIEWS THE ENVIRONMENT by D. A. Smith "They left it [Appalachia] in wreckage, now they promise to develop the Northern Plains. They will leave it in ruins." The mining industry reeled under attacks such as this in the in 1960s, 1970s and 1980s. It did not help when some spokesmen rebutted with equally inflammatory comments. "The mining industry has nothing to apologize for, . . . An open pit mine is a beautiful thing to look at." Or even more emotional was that infamous bumper sticker: "Ban Mining! Let the Bastards Freeze in the Dark." The mining industry can no longer present such a knee-jerk reaction to criticism. It has a long and proud heritage of environmental concern and conservation. Even back in the 19th century when mining reigned king of all it surveyed in the West, there existed those voices within the industry who spoke for concern beyond production and profit. The respected mining engineer and writer, Rossiter

Raymond, warned about wasting coal, iron, lead, gold, silver and other minerals: "A waste of them is a waste forever." The Engineering and Mining Journal, April 15, 1876, observed, "The operations of the miner are always attended with more or less damage to the land." The editor however, did not present any solutions to the problem. Mining reporter J. Ross Browne as early as 1868 told his readers that the miner retained his right to the product of his labor, "but ha5 he a right to deprive others of the benefits to be derived from the treasures of the earth, placed there for a common good?" The industry stood tall in these, and later, generations and not until the 1950s would i t finally be challenged seriously by environmentalists. Unfortunately, mining was not prepared for the onslaught and spent several miserable decades fighting a rear guard action. The still small voices of the nineteenth century that had not generally been heeded, now commanded more attention. Yet it took a generation for the industry finally to convince itself of the need for environmental concern. Such a delay should not have been unexpected; since the days of the Roman empire mining had always had its way with the environment. The amazing thing is that it proved able to adapt so quickly after all those centuries of unchallenged exploitation. There will be no turning back the clock now, nor will it do any good to yearn for a golden age, nor rage against the "loudmouth, anti-establishment, leftist leaning, rabble rousing ecologists." The industry must realize and accommodate to the situation of the 1990s, a condition that obviously will continue into the 21st century. Fortunately in the past 20 years the industry has come to appreciate the need for environmental awareness. What must be accomplished now, however, is better public relations regarding what mining is doing and plans environmentally. Abraham Lincoln back in 1858 understood this when he replied to Stephen Douglas during their first Illinois senatorial debate, "In this and like communities, public sentiment is everything. With public sentiment nothing can fail; without it nothing can succeed." The public must be made aware because in the last analysis, they remain the ones who will pay for the environmental policies that local, state and federal governments enforce. The road to reach a balance between environmental concerns, mining interests and public awareness has been long and costly. What the industry has to do, and must plan for in the future is demonstrated in many agreements reached in the past decade. If it does not heed these lessons, more painful and costly lawsuits will follow. The fight over mine wastes in Ouray and San Miguel Counties, Colorado, which pitted the Idarado Mining Company against the Colorado Health Department, provides an excellent cxample for the industry. This


involved one of the State's major mining districts (Red Mountain) that had been active for nearly a century when the last mine closed in the 1970s. After nine years of lawsuits and negotiations, the Denver Post. May 22, 1992, reported that a "precedent-setting agreement has been struck to clean up vast, river-polluting mine wastes near Telluride and Ouray." The three-volume blueprint for cleanup focused on everything from revegetating twelve mining dumps, to controlling water runoff. and protecting historic structures. Idamdo would spend at least $15 million on cleanup and pay the State another $5.2 million for damages and costs of overseeing the work. Bonds would be posted to guarantee the work and cover dternative cleanup if vegetation failed. Said an Idarado spokesman. "It's really a win-win situation for both sides. It's a win for the local communities also. It minimizes disruption to them and to the environment." On a smaller scale, the Sunnyside Gold Corporation was working on its own projects across the mountains near Silverton, Colorado. Sunnyside was going to backfill former Lake Emma (which had broken into the mine back in June 1978 causing an environmental mess and stopping opcrations) and re-contour the #1 tailings pond. This included covering it with dirt and seeding the site. Thc company worked closely with the State and San Juan County keeping both aware of plans and progress. Careful environmental planning and providing information paid dividends for the company and gave the industry a better public image. Tom Hendricks in Boulder County was doing the same thing with his Cross Mine. Just being able to mine in that acutely environmentally sensitive county spoke volumes of what the industry must do today and tomorrow. As Hendricks commented, his non-mining neighbors "don't want to hear an ore-bucket or a compressor." A reporter from the Wall Sfreet Journal (September 18, 1991) hit the mother lode of what mining must accomplish. "Still, being a good environmental neighbor is Mr. Hendricks' goal and his challenge." Hendricks commented, "We want to show underground mining can operate environmentally with no problem and be a good neighbor to everybody." "A good neighbor to everybody." If the industry can achieve that, then it can operatc successfully. Obviously all this translates into more expense for mining, and increased awxeness of environmental matters and programs. The industry must weigh carefully public altitudes and to a lesser degree concern itself about its own history and historic preservation on the sites it is cleaning up. This was particularly shown on Red Mountain, which is a popular tourist area as well as an environmentai headache. Challenged, thc industry has responded and must continue to respond to the public's concerns. The day of "rape and run" have gone with the jackass burro and

723

free-wheeling exploitation of the previous century. The gloom sayers may claim that mining has no future; that is emphatically not so. As Mark Twain observed in 1898 when the report of his death reached the New York newspapers, "Say the report is exaggerated." It remains as true for the mining industry today as it was for the people of Israel, who a writer in "Proverbs," warned "Where there is no vision, the people perish." Catch an environmental vision and mining will survive and, perhaps, even gain more public support. The two must work hand in hand toward the common goals of both.

19.2.3 THE ENVIRONMENTAL FUTURE by L. J. MacDonnell Perhaps no single thing has affected the mining indusny in the United States more over the last 20 years than environmental regulation. It has been a difficult and painful transition for the industry, imposing substantial new requirements with attendant increased costs and challenging long-hcld assumptions about the value of mineral production in relation to other uses of land. By placing additional burdens on an industry already struggling with problems o f meeting competition from lower cost development in other parts or the world, cnvironrnental regulation has been seen by some as the cause of the industry's problems. Many believe that such regulation is unwarranted and that it fails to recognize the unique problems of the mining industry. On the contrary I would argue that control of the unmanaged adverse environmental effects of mining is long overdue. Mining is a unique industry in many ways. It is unique because its location is determined almost entirely by geologic factors. Thus a valuable deposit of titanium and other heavy metals exists in the St. Lucia System an area designated by South Africa as a wetlands of international importance under the Ramsar Convention. A valuable deposit of gold, platinum, and palladium has been found at Coronation Hill, a site considered sacred by Aborigines living in thai area of Australia. Historically the decision to mine turned only on economic considerations. Today the other values of these areas weigh heavily in the decision process. Mining is unusual also in the degree of alteration uf the area where it occurs. Especially in metal mining, many tons of rock may be extracted to produce only pounds of usable material. Mining itself may only occur for a few years but the legacy of that activity in the form of its wastes is likely to bc evident for much longer. The U.S. Environmental Protection Agency estimates that metal and nonfuel mining in the United States h d generated over 50 billion metric tons of waste by 1985 with over one billion tons of waste being added annually. Though only 5% of these wastes are estimated to be toxic, that still amounts to about 60 million tons ot' material requiring special management each year.

724

CHAPTER

19

What have been the consequences of unregulated mining? For one thing, more than 60 mining sites (most abandoned) are now in the National Priorities List for cleanup under Superfund. There are no good estimates yet of the total cost of cleaning up these areas but it is probably safe to assume that it wili amount to 100s of millions of dollars. The State of Colorado has estimated that damages to natural resources resulting from unchecked pollution from the Eagle Mine near Vail exceed $50 million and that natural resources damages exceed $100 million for the Idarado Mine near Telluride. In 1988 the Colorado Department of Health reported that 1,300 miles of streams in the state have been biologically harmed by acid mine drainage from abandoned mines. It is evident that we are still paying the costs of mining that, in many cases, occurred long ago. This unhappy legacy hangs heavily over the contemporary mining industry. Instead of being viewed as the essential source of the basic materials necessary for our economy, mining is seen as rapacious, irresponsible, and anachronistic by many people. The image of h e abandoned mining sites with unmanaged wastes, unreclaimed lands. and unchecked water pollution causes some communities to resist the development of new mines even though these mines will now have to comply with very strict requirements highly protective of the environment. There is a view that mining c w t occur in an environmentally compatible manner. There is also a view that miners will not mine in an environmentally careful manner. Certainly much of the support for revision of the 1872 Mining Law comes from those who believe that mining on the public lands is inadequately regulated. In preparation for a U.N. sponsored conference on mining and the environment in 1991. I looked at the laws in the United States, Canada and Australia and was interested to find a remarkable similariry in their approach. Four dominant elements emerged:

2 . An environmental impact assessment procedure is used to evaluate the environmental effects of proposed mining activities. Generally these assessments are not decision documents. Rather they are intended to insure full consideration of adverse environmental effects in the public decision-making process. Assessments are likely to identify environmentally protective conditions that will be included in necessary governmental approvals and may also identify more environmentally acceptable alternatives to the original proposed mining plan. The assessment process provides a mechanism for careful consideration of ways to prevent or avoid unnecessary environmental harm associated with mining. It also may provide an opportunity for public involvement in this process. With a few notable exceptions the mining industry has not encouraged public participation in its mineral development planning. Yet such partjcjpatjon can provide a means of much needed public education concerning the mining industry. 3 . The pollution-generating aspects of mining activities are subjected to permitting requirements that limit the &charge of wastes according to particular perfmmmce requirements. Effects on surface water pollution are perhaps most comprehensively controlled but groundwater i s now receiving increased attention. The air quality effects of minerals processing are controlled. And, in the United States, requirements arc being established for management of both hazardous and non-hazardous wastes generated by mining. Monitoring and reporting requirements are commonly a part of permit programs. Various enforcement options exist for violation of permit requirements. Regulation of pollutants affects every industry. Mining and mineral processing simply produce greater quantities of poIlutants than most industries. An important challenge for the minerals industry i s to develop less polluting methods and technologies.

4. Reclamation 1 . Lund areas determined to have special values &em& incompdiblc with mining have been specijkully reserved from mineral development activity. Most often these values are environmental but they may also be cultural or religious. The exclusion of mining from national parks and specially designated wildlife management areas js increasingly common. Moreover, processes have been established to weigh the benefits of mining against environmental losses in other important areas. Generally there is discretion to preclude mining in these areas if deemed necessary. There is also a trend toward increasing the protection of existing surface uses wherever possible. Quite clearly, mining in these countries is no longer automatically considered to be the highest value use of an area.

of the su@ce area is required Upon cessation of mining operations. Particular reclamation requirements vary widely but typically include revegetation and protecting surface water resources. Commonly, a bond must be posted as security for performance of the reclamation requirements. In some cases, mined areas simply are not returnable to a usable form. At a minimum, however, the objective of reclamation is to insure that formerly mined areas are not hazardous or harmful either to people, to wildlife, or to the natural environment.

The mining and mineral processing industry in the United States has been hard hit by the costs of environmental regulation. Understandably, the industry especially that part faced with international competition -has found it difficult to bear the burden of these costs.


There is little sentiment in the United States, at least, to provide special treatment for the mining industry. In a broad sense, the costs reflect the substantial effect that mining activities have on land, water, and air. As other countries begin to impose environmentally protective requirements on their mining activities the cost advantage presently enjoyed will be reduced. Certainly there is a growing interest world-wide in better managing the adverse environmental effects of mining. Many international lending organizations such as the World Bank now condition loans for development activities, including mining, on meeting certain standards of environmental protection. The United Nations through its Environment Program (UNEP) and its Department of Technical Cooperation for Development (DTCD) has begun the process of developing international standards and guidelines for mining and environmental protection. Most importantly, many countries now recognize the fundamental compatibility of developing their economics in an environmentally protective and sustainable manner. The challenges in this regard for mineral development are perhaps greater than for most other kinds of development. What is the environmental future of the mining industry? Certainly it will be radically different than its past. Some conflicts will be avoided simply by putting additional areas off limits to mineral development. But it is fair to say that decisions to mine will be carefully scrutinized for their adverse environmental consequences. There will be a general expectation that these consequences should be minimized. This further underscores the critical technical challenges facing the industry in developing minerals in a less environmentally damaging manner. This future also calls for an industry that can regain pubic confidence in its ability to perform in an acceptable manner. In part this is a matter of educating the public regarding the nature of mining and the fact that mining can be done in an environmentally more benign manner. In part this is a matter of an industry fully accepting its environmental protection responsibilities.

19.2.4 THE ENVIRONMENTAL ISSUES IN MINING by G. C. Miller The large amount of land disturbed by mining will continue to be a focus of new regulations in the next decade. Although significant progress has been made in recent years, the open pit mahods of precious metals mining have resulted in fundamentally new problems that will receive increased attention by the public. These issues include the following:

19.2.4.1 Reclamation The single most important environmental issue in

725

mining is the quality of reclamation. Land that is temporarily disturbed for one or two decades, but which is brought back to productive use does not constitute an irretrievable commitment of surface resources. If the public value of pre-mine and post-mine land uses are the same, criticism of mining will be muted. But the hard-rock mining industry still remains a long way away from that level of reclamation planning and reclamation success. Particularly in arid environments, successful reclamation is technically difficult and requires individuals with the appropriate expertise. The mines that have the most successful reclamation have huwl professional resource management specialists who understand soil-plant relationships and wildlife. Mines should also employ the services of landscape architects to design final configurations of waste rock dumps and other new land features. Too often, these tasks are given to mine engineers who do not have the appropriate concepts of aesthetics and land forms. Reclamation specialists need to be involved during the initial planning of a mine to cnsure that reclamation can proceed concurrently with mining and to achieve cost effective and successful reclamation. Quantitative standards for vegetation density and diversity for post-mine productive uses are necessary. Without those standards, the public will not be convinced that mines and regulatory agencies are serious about reclamation. Bond release will also be problematic and open to conflicting opinions as to what was meant when the original reclamation plan was accepted. Use of a variety of soil amendments, careful attention to seed mix, and care during the planting process all are features of reclamation. Successful revegetation has been demonstrated on even the most austere sites, and has been the result of a variety of creative and well-established procedures.

19.2.4.2 Tailings Impoundments Tailings impoundments represent a long-term public and private land management problem. Although properly sited, constructed, and closed tailing impoundments are unlikely to be acute problems during the short term, (with some exceptions) they will require permanent special land-use restrictions, consistent with the nature of the contents of the impoundments. For example, precious metals tailings will contain a variety of cyanide complexes and metals in a fine-grained high pH matrix. For the foreseeable future, if the impoundments are breached or otherwise disturbed, release of these contaminants into the environment will present not only a potential risk to the environment, but a substantial financial liability. Tailings impoundments are substantially similar to hazardous waste sites regulated under the Resource

726

CHAPTER

19

Conservation and Recovery Act. If the contents of the impoundments are isolated from the environment and are never released, there are few, if any problems. However, unintentional releases can never be completely precluded, and, as in RCRA sites, land use restrictions will be required. Although many of the impoundment sites are located in remote locations, there are no assurances that these sites will continue to be remote. Park City, Utah, for example, has historically been mined and is now a ski resort. Both on public lands and private lands, restrictions as to what activities can occur on or near these sites will be required. Detailed maps of these sites will need to be maintained and those lands managed to restrict any development which will result in potential release of the contaminants in the impoundments.

19.2.4.3 Pitwater Even in some of the most arid environments in the United States, a significant percentage of pits will intercept groundwater, and require pumping during mining. When mining is discontinued, these pits will fill, ultimately to near the historic groundwater level. Some of the largest pits will have over 200,000 acre feet of water and become some of the largest volume water bodies in arid states. Because these lakes will be closed basins, the primary processes controlling the contamination in the lake will be underground flow in and out, evaporation, and dissolution of substances in the rock of the pit walls. The water quality will vary, from the very contaminated Berkeley Pit in Montana, to shallow ponds which can potentially support a fishery or recreation. Methods for assessing pit water quality and how it affects surrounding groundwater are presently not adequate for the task, and additional research is needed to predict what the water quality will be when kinetic and thermodynamic equilibrium is reached. In addition, water quantity issues need to be considered. In Nevada, the total pit water volume will probably e x 4 1 million acre feet during the next century. Coupled with the pumping deficits that are created during mining, many groundwater systems will be significantly affected over the long term.

contaminants which can potentially degrade drainage water quality. Currently used methods to assess drainage water quality are crude, at best, and some tests for acid generating ability, in particular, need additional study.

19.2.4.5 Mitigation Even the best planned mines will generally leave at least part of the land in a condition that precludes historic uses. Pits and degraded pit water, dewatered springs, loss of scenic resources and loss of habitat are likely for many mines. On public lands these losses can and should be replaced. Examples of off-site mitigation include creation of wetlands, purchase or exchange of lands having high public values, a d reclamation of historic mining disturbance. The cost of off-site mitigation is generally not substantial, but will go a long way towards convincing the public that mining is an acceptable use of public land. The future of mining in the United States will be closely tied to public perception of the impacts of mining and the special treatment of the mining industry. Because the new open pit methods of mining are creating disturbances of a magnitude not previously known, the industry can look for continuing public pressure for reform. Central to the reform is the replacement of the Mining Law of 1872. Mining is only one of many important uses of public lands and needs to be regulated as such. The two core issues in this reform are agency discretion and reclamation. Both relate to the ultimate impact of mining on conflicting public resources, and the mining industry can expect to experience highly credible attacks until these two issues are resolved for the greatest public good. A new vision for land use is required which considers land value for as long as the pits, pit lakes and waste rock dumps exist, which for most large mines is on the order of millennia. It is my firm belief that citizens a hundred years from now will look back on current mining practices the same way that we look on historic mining practices that have created continuing chemically contaminated sites and land which no longer supports the pre-mine level of productivity. The mining industry will protect itself by aggressively seeking new ways of mining and reclamation which minimize disturbances far greater than what is presently occurring.

19.2.4.4 Drainage Water Quality Water that passes over waste rock dumps, tailings impoundments or other mining disturbed land has the potential of extracting metals and other contaminants. Although most precious metals mines in the previous 10 years have been in oxide ore bodies that are reasonably well leached, many mines are now extracting ores and moving waste rock that contains greater amounts of sulfitic rock. Metals, acidity and salinity are all

19.3 MINING WASTES AND MATERIALS by R. T. Dwyer Dealing with large volumes of waste material in an environmentally safe manner is obviously a major concern for the mining industry, regulatory agencies, and


environmental organizations. Thc visual impact of large unreclaimed waste disposal areas has probably done more to harm the public image of mining than any other aspect of mineral development. For the coal mining industry, enactment of the Surface Mining Control and Reclamation Act in 1977 (SMCRA) was a major turning point. SMCRA established a comprehensive regulatory program governing nearly all aspects of surface coal mining and the surface impacts of underground coal mining. The Act is administered by the Office of Surface Mining in thc Department of Interior. Most states with coal mining activity have enacted similar laws and regulations and have been delegated authority to administer the SMCRA program in their state. SMCRA and the comparable state programs have stringent requirements for storage of overburden and coal mining and processing wastes as well as comprehensive reclamation requirements. During the past 18 years, SMCRA has undoubtedly had a significant impact on the coal industry and has resulted in improved environmental performance and reclamation practices. Furthermore, the abandoned mine land reclamation fund established by SMCRA, which receives a payment for each ton of coal mined in the United States, has enabled the states to reclaim large tracts of abandoned mine lands that otherwise would have continued as public eye-sores and areas of environmental concern. It is interesting to note that several western states where there is now considerable coal production from surface mines have started to apply some of the revenues obtained from the abandoned mined land reclamation fund toward the reclamation of abandoned hardrock mines that are creating safety hazards or environmental harm. In contrast to the coal industry, hardrock mining at this time is not subject to a comprehensive Federal reclamation act. However, most of the states that have mineral exploration and mining have enacted laws to govern such activities and require reclamation of disturbed lands (see Chapter 4). With respect to mineral exploration and development on Federal lands, the land management agencies (the Bureau of Land Management and the Forest Service) have promulgated regulations that require tiling a plan of operations for a new mine that includes reclamation of mined areas and compliance with environmental standards. Hardrock mining operators must also post a bond to assure reclamation of disturbed

areas. The Federal Solid Waste Act as amended by the Resource Conservation and Recovery Act requires EPA in consultation with the Department of Interior to conduct a detailed and comprehensive study on the adverse effects of solid wastes from surface and underground mines on the environment prior to regulating such wastes. [42 U.S.C. 3 6982(f)]. In addition, EPA was directcd to conduct a dehiled and

727

comprehensive study of the adverse effects on human health and the environment of the disposal and utilization of solid waste from the extraction, beneficiation, and processing of ores and minerals 142 U.S.C. § 6982(p)]. EPA is to submit both studies to the appropriate committees of the United States Senate and House of Representatives. The objective o f these mining waste studies is to provide the foundation for regulations that will control waste disposal practices and mitigate adverse environmental impacts of such practices. The provisions of the Solid Waste Act requiring these studies of mining waste prior to regulation are commonly referred to as the "Bevill Amendment" after Congressman Bevill of Alabama who sponsored this Iegislation. During the last few years, EPA has issued several reports to Congress with respect to mining wastes and published several regulatory determinations as to which mining wastes shouId be regulated as hazardous wastes. In several law suits filed against EPA by environmental groups (Environmental Defense Fund et al.) and industry (American Mining Congress et al.), the courts have generally upheld EPAs determinations regarding the application of the Bevill Amendment to mining wastes. With respect to mining and mineral processing wastes, EPA has narrowed the scope of the Bevill Amendment leaving only 20 processing wastes subject to further study and regulatory determination. Mineral extraction and beneficiation wastes have been subject to a process of review and developing "Strawman" proposals by EPA. The initial Strawman proposds pubIished in 1988 and 1990 were criticized by the mining industry for containing requirements similar to regulations governing hazardous wastes under RCRA. In response, EPA set up a "Policy Dialogue Committee" in early 1991 made up of representatives from the mining industry, states, environmental groups, EPA, and the Interior Department to review the Strawman proposals and examine various alternatives. The Policy DiaIogue Committee has had a number of meetings but the outcome of the Committee deliberations are very uncertain. The EPA position appears to be that a Federal program should be established requiring performance standards for thc handling, storage, disposal, and reclamation of mining wastes. EPA would develop minimum standards for "regulated materials" including ore piles, concentrate, mill tailing, and heaps and dumps subject to leaching operations, that would be implemented by the states. If the state program did not meet the Federal standards, EPA would administer the program in that state. Bills have been introduced in Congress to amend the Solid Waste Act that would authorize EPA to develop regulations and performance standards for mining materials and wastes. It is likely that legislation will pass in Congress that will give EPA authority to

728

CHAPTER

19

develop a regulatory program for mining materials containing some of the provisions of the latest Strawman proposal. Mining and mineral processing operations can only hope that the legislation will grandfather existing ore piles, waste storage areas, and tailing impoundments and that new standards will apply to facilities constructed and used after a certain date and not retroactively. Most mining states have statutes and rcgulations governing mineral operations and mined land reclamation. For example, the Colorado Mined Land Reclamation Act requires the mine owner or operator to obtain a permit from the Mined Land Reclamation Board prior to constructing and operating a mine. An application must be submitted with a plan of operations, including a description of projected air emissions, water effluent, and waste storage, as well as a reclamation plan with financial assurance guaranteeing performance. After review and a public hearing if quested, a permit can be issued with conditions that the operator use best management practices for handling and storage of waste material. Such best management practices include measures to divert storm water around waste dumps, collect and treat water that comes in contact with waste materials, collect and treat or contain seepage that may be contaminated, and cover and revegetate waste storage areas that are not presently in use. If Federal legislation is enacted that establishes a regulatory program for mining materials and wastes, it is likely that the states will adopt similar programs in order to retain primacy and control over such program. In order to fund the program, it is likely that a permit fee will be assessed to the mine operator. Furthermore, to raise funds for reclaiming abandoned mines and waste dumps, a fee may be charged on mine production or on mining waste generated at hard rock operations. Such regulations and fees may come into effect in the late-1990s.

19.4 MINED LAND RECLAMATION by T. A. Shepherd

In the 18th and 19th centuries, and to some extent even in the first half of the 20th century, operators of coal and metal mining facilities had no legal or social requirement to address the environmental impact of their operations and reclamation of disturbed areas. As indicated above, mineral development was promoted and generally viewed as the highest and best use of the land. The environmental impact of mining was of little concern these were periods of economic expansion and resource exploitation that fueled the United States' economy and made this country the dominant global economic power. The Mining Law of 1872 retlected the practices and principles developed by the miners themselves. The

-

intent of the mining law was to promote mineral exploration and development on public lands in the West thereby opening up this area to settlement and providing fuels and minerals for the rapidly growing manufacturing industries in the United States. For the most part, the general mining law has served the industry well and achieved its objectives. As the environmental impacts of mining and mineral processing became more of a public concern, the industry gradually became subject to regulatory controls. California enacted legislation in the 1880s to regulate hydraulic placer mining which was causing severe erosion and stream contamination. In the 1920s. Pennsylvania and other eastern states enacted laws that required coal miners to take measures that would control subsidence and to plug abandoned shafts that created safety hazards. Additional laws were enacted in mining states over the next 40 years primarily to control health and safety aspects of coal and metal mining. Regulations to address environmental impacts caused by mining started to be enacted in the 1960s. The passage of the Surface Mining Control and Reclamation Act in 1977 started a new era for mining regulation. SMCRA marked the first comprehensive Federal legislation to regulate the environmental impacts of coal mining. The Office of Surface Mining was established in the Department of Interior and was charged with developing and enforcing comprehensive regulations governing all aspects of coal surface mining and the surface impacts of underground mining. [See Chapter 12 on Coal Mining]. Since SMCRA establishes such a comprehensive regulatory program for coal mining, the other major environmental laws such as the Clean Air Act, the Federal Water Pollution Control Act, and the Solid Waste Act, have not had as significant an impact on coal mining as these laws have had on non-coal and metal mining. Mining of industrial minerals and metals is subject to state and Federal laws controlling air emissions, water discharges and the handling, storage and disposal of solid and hazardous wastes. In addition, many mining states have enacted laws requiring mining permits that include reclamation plans and financial assurances or bonds to guarantee that environmental impacts will be properly addressed. Mineral exploration and development on public lands also is subject to environmental regulations and land use requirements of the Federal land management agencies (primarily the Bureau of Land Management and the Forest Service). Also, mineral leases for coal and non-metal products, such as potash, phosphate, and soda ash or trona contain provisions requiring compliance with environmental laws and regulations and reclamation standards. Notwithstanding the environmental controls required of non-coal and metal mining operations, there is

CURRENT AND PROJECTED I S S U E S

pressure from environmental groups and others on Congress to enact a comprehensive metal mining control and reclamation act similar to the coal Surface Mining Control and Reclamation Act. This pressure has in part resulted in the pending proposals to amend or in fact replace the Mining Law of 1872 with a comprehensive new mining code (see below). Given the current public awareness and concern about the environmental impacts of mining and a sense that mining is not adequately regulated, it seems likely that a Federal hard rock mining control and reclamation act will be enacted in the next few years, either as part of a new mining law or as a separate environmental control statute for the mining industry. Such a statute is likely to contain comprehensive and detailed standards for handling, storage and disposal of overburden, ore concentrate, waste material, and mill tailing as well as stringent reclamation standards, such as returning mined areas to the original contour wherever feasible and to a beneficial use at least as productive as the land use prior to mining. In addition, it is likely that such a statute will contain an abandoned mined land reclamation fund to reclaim or mitigate the environmental impacts of abandoned metal mines, said fund to be financed by a fee on mineral production or on the amount of waste generated at active mining operations. The discussion below on proposals to amend or repeal the general mining law give further indications of the type of requirements Congress is considering imposing on the hard rock mining industry.

19.5 REMINING OLD MINE WORKINGS AND WASTE DUMPS by R. B. Vrooman Each year, between one and two billion metric tons of mining wastes are generated in the United States. Furthermore, it is estimated that since 1910, 50 billion metric tons of mining wastes have accumulated throughout the United States. Much of this mining waste still contains valuable minerals which because of recent technological advances can now be extracted. Thus, the remining and reprocessing of mining wastes has become economically viable in many instances. A twofold benefit is realized when mining wastes are remined and reprocessed. First, minerals that would otherwise not be recovered are recovered. Second, various environmental liabilities or concerns are alleviated in part or altogether. Mining wastes that can be remined and reproccsscd for the purpose of extracting additional mineral values include waste rock and mill tailings, both of which are typically found in large quantitics at metal mining properties. Given the size of mining waste rock piles and

729

tailings impoundments, the potential environmental liabilities associated with them are enormous. Sixty of the approximately 1200 sites currently idcntificd on the Environmental Protection Agency's National Priorities List under the Superfund Act are mining sites or are sites directly related to mining. Remediation costs associated with these sites are estimated to range from roughly ten million dollars to over one hundred million dollars. Remediation presently underway at the Iron Mountain Mine near Redding, California confirms these estimates. It is anticipated that the remediation will cost $72 million (1992 dollars). Likewise, cleanup of the Eagle Mine near Gilman, Colorado is anticipated to cost $30 million. Cleanup of the Idarado Mine and Pandora Millsite near Telluride, Colorado has a current price tag of $40 million. In and of itself, mining waste is relatively inert and does not generally present a significant threat to the environment. When exposed to air and water however, those mining wastes that contain pyrites have the capacity to generate acid mine drainage or AMD (see Chapter 13). Once generated, AMD will leach other heavy metals out of the waste. AMD and the metals it contains have in many instances resulted in environmental degradation and unless contained or eliminated will almost always present a continuing threat to the environment. Containment and control of AMD and the heavy metals in mining wastes are a significant part of almost every mining waste cleanup. There is presently no widely accepted technology available to prevent AMD production once the mine wastes are exposed to air and water. Common practice therefore dictates isolation of mining wastes from air and water to prevent AMD from developing. Isolation is accomplished by encapsulating and capping the mining wastes. In some instances, surface water diversion is also required. All of these activities require long-term maintenance commitments and do not treat the problem of AMD production at its source. Furthermore, mining wastes that have been treated in this manner retain the capacity to produce AMD indefinitely. As noted above, because of recent technological advances, valuable minerals contained in mining wastes can now be extracted. Thus, waste rock that was previously set aside at many mines can now be processed to extract the mineral values. Similarly, mill tailings produced at many mining properties prior to the advent of modern metallurgical processing techniques can be reprocessed to extract the residual mineral content. Thus, mining companies have a unique opportunity to fund, at least in part, their environmental remediation costs and at the same time reduce the toxicity of the mining wastes they are charged with remediating. In many instances, this can result in a reduction of site closure costs and more importantly in a reduction in the long term environmental liability associated with mining wastes.

Typically, the remining and reprocessing of mining wastes can be carried out as an intermediate step in an environmental remediation project. For example, where a remediation plan calls for relocating waste rock to a centralized location and isolation by encapsulation. heap leach technology can often be included in the remediation effort. The additional costs associated with heap leaching in an overall remedial effort include the cost of the leaching operation itself and the cost for the additional time required to heap leach the waste rock prior to its final disposition. Thcsc costs are however at least partially offset by the value of the metals recovered. Similarly, when mill tailings are reprocessed, the additional processing costs are offset by the value of the metals recovered and the reduction of long term environmental liabilities associated with the tailings. In addition to helping offset the cost of remediation and reducing long term environmental liabilities, there are several other reasons that weigh in favor of remining and reprocessing mining wastes. Other parties that are potentially responsible for part of the cost of remediating a mine site may be more willing to participate in the cost of cleanup rather than litigate where remediation costs are reduced by the value of the metals recovered. Also, the remedial work itself may provide the ability to develop remaining mineral reserves. Finally, voluntary remediation utilizing remining and reprocessing techniques can result in an enhanced corporate image which may also result in easier project approval at a later time. The current laws and regulations governing mining waste generation, handling, transportation and disposal are discussed elsewhere within this chapter and in Chapter 3. These laws and regulations impose liability on both present and past owners and operators of properties where hazardous substances have been released or are likely to be released into the environment. This liability is strict, joint and several. Even small property acquisitions can lead to time consuming legal proceedings and asset draining liability. Those mining companies that are either present or past owners or operators of a mining property, or are for some other reason responsible for placing a hazardous substance at the mining property, are thus potentially liable for the entire cost of cleaning up the property. Because of the all-encompassing nature of environmental cleanup liability, to a large degree, the election to remine or reprocess mining wastes will turn on whether or not a given company currently shares any potential cleanup liability at a mine site. Where a company is potentially liable for the entire cost of remediating a mining property, remining and reprocessing so as to offset part of the cleanup cost may present an economically viable alternative. On the other hand, where a company has no potential liability for any portion of the cost of cleanup, remining and reprocessing

will only make sense when the net value of the minerals produced exceeds the potential environmental liability associated with the mining waste the company will assume once it elects to remine and reprocess the mining waste. Where remining and reprocessing mining wastes presents a viable remediation alternative, it will reduce the toxicity, mobility and volume of AMD and associated heavy metals that might otherwise be generated by the mine wastes. Because of this capacity, it is anticipated that state and federal agencies will over time adopt policies to encourage the remining and reprocessing of mining wastes to facilitate cleanup. In the meantime, the technology utilized to remine and reprocess mining wastes will continue to improve and it will become an increasingly viable alternative and addition to the remediation process.

19.6 REVISIONS TO GENERAL MINING LAW AND REGULATIONS by S. D. Alfers and C. J. Harmon

Current critics of the Mining Law of 1872 attack provisions that 1) permit miners to extract minerals from and acquire title to public lands for what is perceived to be a minimal amount of money or 2) do not provide sufficient environmental protection. Pending in Congress are several bills that would respond to this criticism by repealing the Mining Law of 1872 and the concomitant body of doctrines, rules and laws that has grown out of its interpretation by courts and agencies over its 120-year history. The general mining law has been reformed, amended and modified to respond to changing needs and policies of the nation, from imperatives for domestic energy reserves, with the establishment of the Mineral Lands Leasing Act in 1920, to conservation and environmental protection, with the establishment of the National Forest System in 1912, the Materials Act of 1947, the Multiple Use Act of 1955 and the Federal Land Policy and Management Act of 1976. The pending bills seek to supplant the general mining law with an entirely new system of rules and administration. Before examining issues raised by the proposed legislation, a brief hislory of the 1872 Mining Law is in order to understand its origin, underlying policies, and evolution. Belween 1848 and 1866, mineral discoveries were made in many parts of the West. During this 18-year time period, the U.S. Congress debated mineral policy and considered and rejected a number of mining bills. Part of the reason for inaction was the inability of Congress to agree on the policy goals to be achieved. In the meantime, the miners perceived the need for a legal system to govern relations among themselves. In

CURRENT AND PROJECTED ISSUES response to this need they organized mining districts, i n which the miners in an area agreed to abide by a set of regulations drafted by their representatives and adopted by simple majority. Mining district rules were basic and adopted civil and common law principles. Among the rules adopted were the following: 1) claim ownership was based on priority of possession; 2) the right to hold and work property depended on actual possession and the proper marking of boundaries; 3) the right to mine existed only against other individuals; and 4) mining district rules created no rights against the state or federal government. By the early 186Os, the inability to sccure valid title to public domain mining lands was beginning to hinder development of western mineral resources. At the same time, the federal government needed revenue to prosecute the Civil War. By 1864, significant lode deposits had been discovered, but their development was more capital and labor intensive than placer mining. Miners needed greater amounts o f financing to develop their claims, and financiers, in turn, needed greater security for their investments. As a result, the need for a clear system of tenure and title became increasingly important. During 1864, Congress considered various revenue-raising mcasures, including taxing production, seizing the mines, sanctioning free exploration and mining while retaining title to the lands in the federal government, and auctioning small tracts of mineral lands. In 1866 the first mining law was passed by Congress. ["An Act Granting the Right of Way to Ditch and Canal Owners over the Public Lands, and for other Purposes," 14 Stat. 251 (1866)l. The Mining Law of 1866 contained provisions that were adopted from the policy of free entry by self-initiation established by the miners themselves within their various mining districts, allowing a claimant to occupy and work ground containing a lode deposit. It also provided that the claimant could obtain a patent to the mineral deposit after spending a minimum of $1,000 in labor or actual expenditures to occupy and improve a claim, according to the local miners' customs, and after paying to the government $5 per acre of patented ground. The 1866 law was drafted primarily for the interests of the lode miners and did not adequatcly address the needs of the placer miners. Congress attempted to remedy that deficiency with the enactment of the Placer Act of 1870. [ 16 Stat. 217 (1870)l. The Mining Law of 1872 [17 Stat. 91 (1872), 30 U.S.C. 3 21 et seq.1 was enactcd to correct some of the deficiencies of the two previous efforts. It defined the limits of the surface areas that could be claimed, restricted the size of individual claims, imposed the annual assessment work requirement, reduced the total amount o f work necessary to support a patent, and provided for the location of millsitc claims. The Mining Law of 1872 made the standards of the early mining camps - priority, possession and diligent

731

development - the tests of validity of a claim, and it imposed its own test, discovery, on claimants. By codifying these principles in a general mining law, Congress made a policy statement that it was proper to exploit mineral lands through the prescribed method of entry, exploration, discovery and development, and that those who take financial risks and diligently develop minerals on public lands should be rewarded. The Mining Law of 1872 generally governed mineral activity on the public lands (except coal) until the Mineral Lands Leasing Act of 1920 130 U.S.C. $ 8 18 1 et seq.] removed fertilizer and fuel minerals from its operation and made certain nonmetalliferous minerals only leasable and not open to acquisition by claim staking. Subsequently, the Materials Act of 1947 [30 U.S.C. $3 601-6040] and the Multiple Use Mining Act of 1955 [30 U.S.C. $0 611 er wq.1 removed additional mineral materials from operation of the general mining law. In addition, the 1955 statute and the rules and regulations promulgated pursuant to it by thc Bureau of Land Management (BLM) or the Forest Service specify that uses of surface resources on unpatented claims are limited to uses incident to prospecting, mining, or processing operations. As the West became more settled and its economy matured, greater and morc varicd demands began to be placed on the public domain. In addition, the early policy of liberal disposal of lands to encourage settlement and development began to give way to demands that the public domain be retained and made available for multiple, and often times conflicting, uses. Recreational uses of the public lands were becoming more significant, and the land management agencies were finding that the procedures available to them to review and challenge the validity of purported commercial uses of the public lands were not up to the increased demands being placed on them. By 1964, political pressure to review the then-existing welter of federal land laws had grown sufficiently strong to prompt the creation of the Public Land Law Review Commission (PLLRC) whose task was to examine the system of federal land laws then in place and recommend necessary changes, which might include revision or repeal of old statutes and enactment of new ones. The PLLRC held numerous hearings, commissioned detailed studies of specific issues, interviewed land managers and users of the public lands, and ultimately compiled a list of recommendations published in 1970 as "One Third of the Nation's Land A Report to the President and to the Congress by the Public Land Law Review Commission." The PLLRC recommended a numhcr of policy changes that would, if enacted into law, affect the mining industry in its operations on public lands. When Congress enacted the Federal Land Policy and Management Act [43 U.S.C. 3 1701 et seq.] (FLPMA)

732

CHAPTER

19

in 1976, it adopted the following recommendations at the cited sections: 1.

PLLRC

A policy of retention of federal lands was formally

adopted, and the previous disposal policy was disavowed (enacted at 43 U.S.C. 9 1701(a); 2.

All withdrawals and classifications of public lands were to be reviewed to determine the "best use" of the lands affected (id.,and at 43 U.S.C. § 1712);

3. Land management agencies were instructed to promulgate extensive rules and regulations to govern their administrative procedures [id., 9 1701(a)(5-6)]; 4.

Land management agencies were instructed to formulate land use plans to obtain the greatest possible net public benefit from public lands administration [id., § 1712(c)];

5.

Environmental quality was to be incorporated as an objective of public land management, and policies designed to enhance and maintain high environmental quality were to be implemented [id., 9 1701(a)(8)1;

6. It was recommended that federal environmental standards be applied to public lands (id.,$ 5 1712, 1765); 7.

PLLRC recommended that public lands users be required to conduct their activities in a manner that would minimize environmental impacts (id., 0 1718);

8. The Commission recommended that some public lands should continue to remain off limits to mining (id.,0 1714); 9. It was recommended that future disposal of public lands should be made subject to the reservation to the federal government of all mineral interest of known value (id.,0 1719); and 10. PLLRC recommended that mining claimants under the 1872 Mining Law be required to record their existing and future claims with the federal government, in order to clear dormant and invalid claims from the public lands and to provide federal land managers with accurate data about the number and locations of claims on public lands (id., $ 1744). When it enacted FLPMA, Congress also had before i t a number of PLLRC recommendations that were not incorporated in the legislation. FLPMA did not

significantly amend the 1872 Mining Law. Section 1732(b) of FLPMA expressly disclaimed any intent to do so, except for the specitk changes enacted in 5 5 1744, 1781(f), and 1782. Instead, it imposed some additional requirements on holders of mining claims while preserving the location and entry system. In recognition of the practical needs for information of the surface management agencies, Congress sensibly adopted the recording provisions of FLPMA. However, it declined to repeal or radically alter the 1872 Mining Law, recognizing that it had served the interests of the nation and the mining industry well since its enactment. Pending legislation would repeal the Mining Law of 1872 and eliminate the right of self-initiation, as well as severely limit rights to mine existing mining claims. The bills require that owners of claims located under the Mining Law of 1872 forfeit their claims or exchange them for new claims. The bills also limit a miner's right to bring existing claims to patent. Not only do the bills do away with many of the material features of the Mining Law of 1872, but they also add numerous requirements under a new land-use planning system. In developing plans under FLPMA and other statutes, the Secretary of the Interior or the Secretary of Agriculture ("Secretary") is authorized to prohibit, restrict or condition certain types and classes of mineral activities that conflict with other plan objectives or management decisions of the Secretary. Among the criteria to be considered by the Secretary in determining whether or not certain lands are appropriate for the conduct of mineral activities are the location, nature and extent of mineral deposits and existing mineral activities, the development potential of mineral deposits as well as the potential cumulative environmental impacts of exploration, development and production of such deposits, an evaluation of non-mineral resources and values that may be affected by mineral activity, an evaluation of the prospects for reclaiming the mining area in accordance with new federal requirements set forth in the bills and identification of specific areas where mineral activities shall be prohibited, restricted or conditioned. The pending bills require an approved plan of operations before any mineral activitics that cause more than minimal disturbance to the environment may occur. The Secretary may approve, modify or deny a proposed plan of operations; however, a proposed plan of operations may not be approved unless the Secretary determines that the mineral activities proposed thereunder will be consistent with the land use plan applicable to the proposed mining area. Provisions of the pending legislation dramatically change existing presumptions concerning the rights of a mining claimant. Currently, regulations requiring plans of operation have as their purpose the prevention of unnecessary or undue degradation of federal lands that


may result from operations authorized by the mining laws. A mining claimant now has a statutory right to go upon unappropriated and unreserved federal lands for mineral prospecting, exploration, development, extraction and uses reasonably incident thereto. Existing regulations seek to insure that any surface disturbances that occur in connection with those activities are no greater than "what would normally result when an activity is being accomplished by a prudent operator in usual, customary and proficient operations of similar character and taking into consideration the effects of operations on the resources and land uses . . ." 143 C.F.R. 5 3809.0-5(k).] Rather than placing appropriate conditions on the statutorily authorized use of land for mining purposes, pending bills would give the Secretary the discretionary authority to decide whether or not use of any particular tract of land for mining purposes is appropriate in the first instance. The bills also provide for specific federal reclamation standards. For example, surface disturbances are to be reclaimed, at a minimum, to a condition capable of supporting the same level of productive uses as existed prior to any mineral activities. The reclamation standards to be promulgated by the Secretary are to cover areas such as topsoil protection and replacement, revegetation to pre-mining production capability, reclamation of roads, permanent sealing of all tunnels and portals, protection and reclamation of surface and groundwater quality and quantity, leach pad stabilization and neutralization, safe disposal of hazardous and toxic materials and recontouring of dumps, heaps and other disturbances to minimize visual impacts and blend the mining area to natural topography. In general, the proposed provisions of the pending legislation can be categorized into those that would impose stricter environmental requirements, either through the establishment of federal reclamation standards or the grant of broad discretionary authority to the Secretary to modify a claimant's reclamation plan, and those that would attempt to increase revenues to the federal government. The provisions of the bills are at odds with the policy statement set forth in the Mining and Minerals Policy Act of 1970, P.L. 91-631, which declared it a policy of the United States to foster and encourage private enterprise in the development of an economically stable mining industry, to develop domestic mineral resources in order to meet industrial, national security and environmental demands, and to develop sound reclamation methods to lessen the environmental impact of mining. Enactment of any of the proposed bills in their current form would sweep away 120 years of legislation, jurisprudence and regulation that have sought to balance private initiative for mineral development with national imperatives for economic development, wilderness, national parks and forests, and environmental protection.

733

19.7 FEDERAL, STATE AND LOCAL REQUIREMENTS - INTERACTION by M. C. Larson Local communities experience the most direct effect of mining and natural resource development. Communities located near a new mining operation will typically undergo a rapid growth in population, and experience a variety of associated socioeconomic impacts. The socioeconomic impacts can be both beneficial and detrimental. Mining can create new jobs, provide a new source of tax revenues, and diversify the economy of a community. As the population increases, government services, such as fire, police, water, and waste disposal, are upgraded and expanded. Construction, retail, and service industries experience growth through greater demand. New job opportunities keep people from leaving the community. At the same time, however, rapid growth and expansion may place a severe economic burden on the local government and the community. Local governments often experience a time lag between capital outlays for building the necessary infrastructure to support the increased population and incoming tax revenues. Even worse, a local government may find that it cannot obtain additional tax revenues to support its burgeoning population. For example, most of the workers at the Decker Coal Mine in Big Horn County, Montana, live in Sheridan, Wyoming. Sheridan had to expand government services and utilities without receiving the property and severance taxes collected from the mining operation. The rapid influx of persons into a community can create a greater demand for goods and services, resulting in higher prices for everyone. Housing shortages often result from the inability of the local construction industry to keep up with the demand for new housing. The housing shortage is often solved by establishing mobile home parks, which rarely satisfy long-term and aesthetic needs of workers. In addition, high-paying job opportunities with the mining industry may inhibit the ability of existing businesses to obtain inexpensive labor. In addition to the socioeconomic impacts, mineral development may be at odds with the aesthetic, environmental, and health concerns of a community. These concerns have been evidenced by the proliferation of local land use controls since the environmental awareness movement began in the 1960s. Traditionally, local communities were growth-oriented, and open to industry and its attendant economic benefits. The highest and best use of land, particularly in the western states, was the development of valuable mineral deposits. With the environmental movement, however, perceptions about the value of land began to change. Land that was viewed as worthless exclusive of its mineral deposits,

734

CHAPTER

19

may now be considered a highly valuable asset that needs to be preserved in its natural and wild state. Rather than looking forward to the economic boom typically attendant to mineral development as they have in the past, communities are now weighing the economic benefits against aesthetic values and quality of life issues. Many communities adopt the attitude of "Not in m y backyard," (NIMBY) and oppose mineral development of any kind. Other communities will encourage mineral development in the area if they can control the way growth will occur and address the impacts that they perceive as negative. In general, a local government can control land use through a variety of governmental powers: taxation, spending, acquisition, and planning/zoning. The taxation power is used to finance programs and services that a local government may need in order to respond to the rapid growth associated with mincral development. The acquisition/eminent domain 'and spending powers can be used to encourage growth in some areas and discourage it in others. The planning and zoning power is the primary method for regulating land use within a local government's jurisdictional borders. In some circumstances, a city may be able to regulate land use outside of its territorial boundaries, particularly in matters that directly impact municipal matters, such as protection of a city's water supply or air quality. Where extraterritorial powers are applied, a mining operation may be required to satisfy a city's land use regulations in addition to any county requirements. The planning power of a local government is usually exercised by developing a comprehensive plan that delineates future development and the way in which public services and facilities will be extended to accommodate growth. The zoning power regulates the use of property, including structural and architectural aspects, and the types of uses that are allowed. "Euclidian zoning," which is still used by many local governments, divides the land into various districts and prescribes the uses that are permitted in each district. In response to the inherent limitations of this type of zoning, there has been a gradual movement towards zoning by performance standards. In lieu of listing specific uses of land, performance zoning admits a general class of uses provided that certain performance standards relating to noise, smoke, wastes, heat, tral'l'ic, ctc. arc met. Local control is the best way to deal with the adverse impacts of mining because it reflects the values of the people who will be the most directly affected by the mining operations. Furthermore, state and fedeml regulations do not tailor their requirements to unique, local conditions. The local terrain, climate, biologic, chemical and other physical conditions will undoubtedly affect mining operations and the way thosc operations in turn impact a community,

As compared to local government, the state receives less direct benefits from mineral development. This is because most of the economic benefits are absorbed by the affected communities. The primary benefits that inure to the state are tax revenues (both sales and severance taxes) and lower unemployment rates. The state's concerns with mining are generally broader than that of local government, and tend to focus on safety and health and environmental protection. Most states have enacted laws and regulations that require mining operations to obtain construction and operating permits that impose stringent environmental impact and safety and health conditions or standards on such operations. The manner in which states protect, managc, and tax natural resources may affect their ability to compete with other states and foreign sources for energy and the rate their citizens pay for electricity. The Federal government has a direct interest and concern where mining takes place on Federal or public lands. Where mining takes place on private land, the Federal government requires compliance with Federal (or equivalent State) environmental regulations. To a lesser degree, the Federal government's concern with mining is shaped by its regulation of interstate commerce and concern for national security. The Federal, state, and local relationship has changed dramatically during the last 30 years. Because Federal regulations are to be applied uniformly throughout the nation, they are Often ineffective or out of place at the local level. Congress has recognized that state and local governments are more responsive and may have innovative solutions to unique, local problems. The Clean Air Act, Amendments of 1990, and other significant pieces of environmental legislation enacted in the past few years have returned some functions and responsibilities to state and local government. However, while states and local governments, are being given more responsibility and authority, Federal funds to implement state and local programs is being cut. To some extent, the opportunities offered to state and local governments cannot be realized because of fiscal restraints. There is considerable overlap and potential for conflict among the various Federal laws regulating the environment. There are laws focusing directly on the activities of the mining industry, such as the Surface Mining Control and Reclamation Act, and an entirely distinct body of law aimed at protecting the environment which is media specific. Since there is no homogeneous "umbrella" environmental protection act, a mining operation must comply with each applicable law and the framework of regulations promulgated thereunder. Compliance with one act does not ensure compliance with another act. For example, although the burning of used oil may be permitted under certain conditions pursuant to RCRA, a company must still obtain an air permit which restricts the emissions that will occur as a


result of the burning. Treatment standards under RCRA, CWA, and CERCLA can vary with respect to the same waste. In addition, some of the environmental laws ate inconsistent with respect lo enforcement mechanisms, and impose differing penalties. The standards and applicability of these laws to mining operations are discussed in greater detail in Chapter 3. Conflicts between state, local and Federal laws are governed by the preemption doctrine. State or local Iaws will be prevented from operating if the Federal statutory scheme expressly directs that state and local law shall be prccmptcd. When thc Federal statutory scheme is silent or ambiguous, preemption will occur if Congress intended to entirely occupy the field, if the state or local law actually conflicts with Federal law, if it i s impossible to comply with both state and Federal law, or if state law frustrates the purposes and objectives of Congress. State constitutional rights. state statutes, state common law claims, and municipal ordinances have all been struck down as preempted by Federal statutes. The judicial decisions in this area are inconsistent, and reflect the fact that each body of Federal law has its own particular preemption doctrine. One of the leading cases applying the preemption doctrine in the mining context is Cul$umia Coastal Cornrn'n. Y. Granite Ruck Co. (480 U.S. 572 (1987)). In that case, a mining company sought to enjoin the California Coastal Commission from requiring it to obtain a permit to engage in mining activities on an unpatented claim located in a national forest within the State's coastal management zone. The Ninth Circuit Court of Appeals found that the Forest Service regulations governing mining in national forests preempted the State Coastal Commission requirements, and that the power to prohibit mining for a failure to abide by environmental requirements rested with the Forest Service and not the State. The United States Supreme Court reversed, finding that the Forest Service's environmental regulations controlling activities on unpatented mining claims did not preempt state law. Although Federal legislation preempted the application of state lnnd use plans to national forests, Congress did not intend to preempt reasonable state environmental regulation. The Supreme Court found a clear line between land use regulations, which control particular uses of the land, and environmental regulations, which require that however the land is used, environmental harm is kept within prescribed limits. Fcderal prcemption of state and local laws in some cases tends to favor industry. When state or local law is preempted, industry's obligation extends only to the set of regulations promulgated by the Federal government. This can provide distinct economic benefits to the regulated industry. Furthermore, industry can make its concerns known to a single Federal agency

735

much easier than to fifty state legislatures or numerous local governments. Conversely, preemption may impede the ability of governmental hodics to respond to citizens' needs and public values through local land use regulations. Notwithstanding the preemption doctrine, the current trend is toward increasing control of all types of development, including mining, at the local level. More "grass roots activism" and involvement in local politics by citizens concerned with development directly affecting their lives, as well as gradual changes in values toward environmental protection and use o f natural resources, is resulting in more local government land use, zoning, heahh and safety, and environmental regulations or ordinances governing all major development. In order to ohtain the required permits and approvals for constructing and operating a mine, the operator must address the concerns of the local communities in his mine planning and cngineering. As noted above, a significant community relations and education effort may be necessary before achieving community acceptance.

19.8 INTERNATIONAL REQUIREMENTS AND STANDARDS by P. Keppler In the last ten years, many foreign countries have enacted laws and regulations to control the environmental impact of mining similar to those adopted in the United States. As a result, most major corporations apply the same environmental controls and compliance programs at their foreign operations as they do their United States operations. Even for established facilities, if the laws of the host nation will require upgrading or retrofitting environmental controls, it is prudent to incorporate such controls as early as feasible rather than to defer the expenditure until "the last minute" when ordered to do so under a short, accelerated time-frame. During the 1990s, the world is moving quickly toward a global economy and free trade among all nations. The European Common Market and the North American Free Trade Agreement are but twn examplcs of the removal of trade barriers among nations and the "glohaliLation" of the world economy. The North American Free Trade Agreement (NAFTA) amung Canada, Mexico, and the United States should benefit the domestic mining industry, parricularly the producers of non-ferrous metals. With the phase out of tariffs and import licenses, the domestic producers of copper. lead, and zinc and other non- ferrous metals should be able to expand exports to Canada and Mexico. Some view NAFTA as promoting the exodus fiom the United States to Mexico {and eventually other South American countries) of major polluting industrics, such

736

CHAPTER

19

as mining and mineral processing, due to lax environmental laws and enfnrcemcnt. In the pasl, a number of United States companies locatad manufacturing and assembly plants along the Mexican border zonc in part to escape stringent environmental requirements in the United States. These rnaquiuru industries have brought Mexico the economic benefits of foreign investment without displacing domestic companies, since muquiMrc2s are generally prohibited from selling directly into the Mcxican markct. With the enactment of NAFTA in 1993 and the adoption of a side agreement dealing specifically with enforcement of environmental requirements, corporations can no longer locate in Mexico with the expectation of avoiding environmental controls applicable tn similar facilities in the United States and Canada. NAFTA and the cnvironrnental side agreement recognize the right of each signatory country to enact and enforce its own environmental standards while setting up a process by which the regulatory agencies can compare and consult on standards and regulations in order to achieve similar levels of environmental protection in all three countries. As noted in other chapters of this Handbook, all societies of the world are concerned with some degree of environmental protection and have enacted laws that mandate mining employ operating methods and technology to minimize adverse environmental impacts. Even in third world developing countries seeking foreign investment, mining will not be allowed without basic environmental controls and measures to protect the local ecology. International agencies such as the InterAmerican Development Bank, International Monetary Fund, the World Bank, and the United Nations impose environmental norms on mineral development and other projects in foreign countries whenever such projects seek financing and government approvals. With the heightened worldwide environmental consciousness. the mining industry should be involved in developing the environmental laws and regulations of the host country that reflect the desire for environmental protection while allowing resource development. The policies of developing countries as reflected in governing laws need to respect state participation, financing, and marketing arrangements of mining ventures and provide the companies with returns on invcstment that are commensurate with the risks of operating in the foreign nation. The company proposing to mine in a developing nation will request financial assistance in the form of exemption horn customs fees, duties, excise and value taxes, as well as expecting health and safety a d environmental policies consistent with international practices and standards. Developing countries seeking investment by the mining industry can be expected to evaluate what the market can bear and how environmental controls can be implemented to reduce the risk premium to ihe investurs. Policy approaches can

contribute to improved environmental management practices in two ways: first, conditioning private, bilateral, and multi-national credit on environmental impact assessments and the use of best management practices; and second, promoting research anrl development for solutions to clean-up past mining impacts and to develop environmentally-sensitive technology. In the past, development of environmental policy and trade policy tended to run on different tracks. With the globalization of the world's economies, this can no longer hc expected. The challenge is to bridge the gap between trade policy and environmental policy. Trade policy is environmentally sensitive, and environmental programs supporting sustainable growth must not become trade barriers. In the wake of NAFTA and expanded free trade throughout the world, the mining industry will witness greater economic growth and environmental efficiency, particularly in developing countries. Ultimately, the standard of living in many third-world countries will improve due to expanded investment in mineral development in those countries.

19.9 ENVIRONMENTAL REQUIREMENTS AND MINING ECONOMICS by W. E. Martin

Prior to passage of the National Environmental Policy Act (NEPA) in 1969, the mining sector operated in an atmosphere that required operators to have little regard for the environmental consequences of their actions. The ability of the environment to assimilate the waste generated by mining seemed almost limitless. What little concern there was for environmental issues generally focused on water quality between upstream (e.g., the mines) and downstream (e.g., agricultural uses) water users. However, once NEPA was passed the entire operating milieu for the mining industry changed. What has become known as the "NEPA process" has d k d significant costs and time to the development of a mining projecl. NEPA was only the first step in a movement that has resulted in a significant environmental compliance process that now includes numerous permits and financial bonding requirements. Evaluating and estimating the costs of environmental compliance is a step in analyzing the feasibility of developing mining properties. This section discusses the integration of the costs of environmental compliance with the traditional methodology of discounted cash flow {or net present value) analysis and considers trends in environmental compliance costs. The key aspect of NEPA is the requirement that any ''major" federal action, such as issuing a permit or lease,


consider the environmental consequences of the proposed project. Elsewhere in this volume the specifics of the NEPA process are discussed, as well as the various state and local requirements. Understanding the legal and engineering aspects of the required changes due to environmental concerns is a necessary first step to determining the economic costs of the environmental compliance process. The focus of this section is on the costs of environmental compliance. Various approaches can k used to measure the economic costs of environmental compliance. For example, the direct costs associated with completing an environmental impact statement, filing for permits, conducting the required studies for the Endangered Species Act, etc. can he calculated and attributed to the environmental compliance process. These costs can then be expanded to include the indirect costs, such as delay of project start-up due to the NEPA and permitting process, changes in production technology, use of more expensive exploration techniques, changes in tailings disposal methods, etc. The costs will be presented based upon the various stages of a mine project. Mine projects involve four stages: exploration, development, operation, and closure/post-closure activities. The environmental compliance costs for each of these stages will be addressed separately.

19.9.1 EXPLORATION The exploration phase of a mining project is generally the phase least affected by environmental regulations. The Mining Law of 1872 specifies that certain Federal lands are available for mineral exploration (and subsequent development). Only if the exploration activities disturb the land (such as building roads, etc.) will environmental compliance issues arise. However, prior to exploration activities the firm must submit a Notice-of-Intent (NOI) that specifies the proposed actions. The NO1 is submitted for information purposes and does not require approval by the agency to which it is submitted, usually the Bureau of Land Management or the Forest Service. The costs associated with preparing this notice are minimal and may be treated as a sunk cost once a discovery is made and a project analysis proceeds. The NO1 is sufficient if the area disturbed by the exploration activity is minimal. However, if thc area disturbed is significant then the firm is required to submit a "Plan of Operation" (POO) describing the proposed exploration activities. At this point, other requirements may be made of the firm, for example, posting a bond, conducting a Cultural Resource Survey and/or a Biological Evaluation. It is quite likely that such studies will become more common, particularly if the Mining Law of 1872 is rewritten to incorporate more environmental constraints on mining activity.

737

19.9.2 DEVELOPMENT The development phase of a mining project is the phase most affected by the environmental compliance process. Once an ore body has been discovered and exploration has resulted in a dccision tn proceed with an economic analysis of the site, then the process of preparing either an environmental assessment {EA) or an environmental impact statement (EIS) must be made as specified by NEPA or comparable state law. The EIS process provides an opportunity for all interested parties to evaluate and comment on all aspects of the project. Every phase of the project must be specified in the EIS including the mining and milling process, the tailings disposal method, reclamation plans, etc. The time requirements for such a detailed analysis are quite extensive, thereby increasing the time required to place a property into production. Also, the preparation of the EIS may be only the initial step in the process, since many EISs are subsequently challenged in the court s ys tem. Although the time requirements associated with the administration of relatively new regulations may be quite lengthy, this should be reduced as familiarity with the regulations is achieved. This does not seem to be the case for the United States environmental compliance process, however, as the time requirements are generally increasing. This is particularly true for compliance with the NEPA process. This increase can have dramatic effects on project economics by delaying production for several months or even years. As costly as the NEPA process is, it is only one part of the total costs of the environmental compliance process. While preparing the EIS, the firm is also involved in applying for the necessary permits and approvals from the various Federal, state and local regulatory agencies and providing financial assurances (bonds, letters of credit, etc.) for environmental cleanup and reclamation. For example, to bring a mine into production in south-east Alaska, it is necessary to receive approval from the Environmental Protection Agency, the Corps of Engineers, the Fish & WildIife Service, the Forest Service, and the Bureau of Land Management at the Federal level as well as the Department of Environmental Compliance, Department of Natural Resources, Department of Fish t 4 Game, and Division of Governmental Coordination at the State level, plus local government. It is generally necessary for the firm to closely coordinate with the representatives of these agencies, which also rcquircs significant time and expense. Also, an indirect cost of this multi-tiered regulatory environment is the uncertainty involved and frequently conflicting rulings from each agency. These costs need to be incorporated into the net present value analysis for a project. The major permits rcquired by mining operators focus

738

CHAPTER

19

on compliance with the air, water, and solid waste legislation. Several primary permits may be required: 1) National PolIutant Discharge Elimination System (NPDES) permit under the Clean Water Act (CWA); 2) Underground Injection Control (UIC) under the Safe Drinkrng Water Act (SDWA); 3) Prevention of Significant Deterioration (PSD) under the Clean Air Act (CAA); and 4) a dredge and fill permit under the Clean Water Act. The costs of applying for these and many lesser permits must be incorporated into the economic analysis of the project. As the permitting system matures, much of the overlap in the requirements by the various jurisdictions can be expected to diminish. An example of this trend is the joint application for permit that can be submitted to the United States Army Corps of Engineers and the Division of State Lands in Oregon. By filing one form, the firm is able to comply with the requirements of both the State and the Corps regarding the transport and disposal of dredged and fill material in the navigable waters and wetlands of Oregon. 19.9.3 OPERATIONS

By the time the operationlproduction phase of the project commences, the NEPA process and any necessary permitting must be completed. Therefore, most of the environmental compliance activity during this phase involves permit renewal or modification to accommodate changes in operations technology and methods over time, as well as reporting and record keeping requirements. Another related activity involves complying with new environmental legislation and regulations. such as complying with the new mining waste regulations of the Solid Waste Act once they are adopted or changes that may be required with the reauthorization of the CWA. The operation phase of a mining project requires a high level of involvement by all personnel in the firm, from the accountant to the workers in the mine, to comply with the environmental regulations. Some of the costs of environmental compliance in the operation phase are easily identified while many others are not as easily quantifiable. For exampIe, the firm's environmental director working on a project is easily identified and the associated costs estimated, whereas, the increased costs due to differing waste handling requirements or temporary mine closure an: much less obvious. The cost of compliance during the operation phase can be divided into two components: costs that are reIated to the production process and costs that are required that do not affect production per se. An example of the costs that are production related would be additional handling requirements due to hazardous wastes regulations. Examples of the second type of costs include finalizing closure and post closure plans and related changes i n

bonding requirements, and a permit condition that a firm continually monitor and study a species that may be potentiaIly affected by the mining operation. This is the case with Kennecott at the Greens Creek mine in southeastern Alaska where the company is required to fund a study of the bear population on Admiralty Island. Previous chapters in this book have discussed the legal environment affecting mining projects and the compliance requirements associated with each law. The object here is to realize that the costs associated with all aspects of the environmental compliance process must be included in the project cost analysis and not just productinn related costs. 19.9.4

CLOS U R E/POS T-CL OSURE

The final aspect of a mining project involves the closure of the mine and thc environmental requirements associated with the closure and future monitoring activities. The primary environmental concerns at this stage of the project involve the liability associated with waste disposal that extends beyond the life of a given project. This cost and potential liability must be included in the net present value analysis of a project to get an accurate picture of the project economics. The uncertain nature of the potential liability of the firm is problematic. The firm must realize that a cost may exist but needs to 'objectively' incorporate this cost, even though there is a high degree of uncertainty as to the dollar amount, into the project analysis. Another aspect of the post-closure commitments of a firm are the reclamation bonding required of most projects. Bonding may be required by several different agencies or jurisdictions. For example, the City and Borough of Juneau in southeastern Alaska requires bonding at the local level in addition to the Federal bonding requirements. The trend toward requiring f m s to maintain responsibility for a property, even if title has been transferred and operations have ceased, is becoming more prevalent in environmental legislation. 19.9.5 RELATED ISSUES One of the most important aspects of determining the cost of environmental compliance on the economic analysis of a mining project is the uncertrunty associated with much of the environmental regulation. The EPA process under RCRA for regulating most mining wastes (low-level, high volume wastes) is a classic example. The Bevill Amendment to RCRA specifically excluded mining wastes from RCRA hazardous waste regulation until the EPA completed studies of the impact of these wastes on the environment. It is not clear what form the regulation will take once these wastes are regulated. Currently, the trend in the United States Congress is to rely more on market incentives, as was the case with the


acid rain provision of the 1990 Clean Air Act Amendments, as opposed to the traditional command and control approach. Several major environmental laws ae currently under consideration for reauthorization and could be significantly modified. Perhaps the revisions that will be thc most significant to the mining sector will be the amendments to the Clean Water Act. These amendments could incorporate many more uses of market incentives than have been the case previously, particularly if the SO2 allowance trading system under the Clean Air Act proves successful. A hypothetical example of such a system applied to a water pollutant would be as follows. The EPA determines that the cyanide content of water should not ex& a certain amount in a given watershed. Following the methodology used in the Clean Air Act, a number of allowances would hc determined that would result in the desired level of cyanide concentrations in the watershed. This aspect of the regulation would be similar to the traditional command-and-conb-ol approach used previously. The market incentive aspect of the new approach results from these allowances being bought a d sold in a market setting. Therefore, mining firms would be able to buy and sell allowances based upon tradeoffs between abatement costs and allowances costs. The important aspect of this uncertainty for the firm is how to incorporate these possible changes into project analysis in a meaningful way. The objective of most environmental regulations is to internalize the costs of environmental damage and the firm must attempt to estimate these costs for use in the project analysis. This task becomes much more difficult since some of the costs involve non-market goods, or goods that have no market determined price. The task of placing a value on these goods is quite daunting. There are basically two categories of methods for estimating the value of non-market goods. The first category of methods are the indirect approaches. The two methods most commonly used are the travel cost method (TCM) and the hedonic price method (HPM). These methods rely on the consumer revealing their value for a non-market good indirectly through other observable behavior. A direct approach may also be used to value non-market goods. This approach involves asking consumers what is their value for the good being considered. The most dominate approach in this category is the contingent valuation method (CVM). The CVM involves surveying consumers of the non-market good and asking them how much they value the good desnibed.

The abovc discussion addresses the valuation of the 'use' components of a non-market good. Many non-market goods also havc a 'non-use' value as wcll. Generally. non-use values are defined as option values and existence values. An option value is a value that a person has for a good (market or non-market) that they

739

are willing to pay to ensure the availability of that good for future use. An existence value is the value that a person places on a good based upon the knowledge that it exists even though they do not intend to use it currently or in the future. The nm-use values are generally of less concern to mine operators than the use values; however, these may become quite important in the event of a legal action under the Superfund Act. Conducting such studies for every project considered would be quite expensive. An alternative that is becoming more feasible as more studies are being conducted is to use values from one site to infer values to another (similar) site. Although this method is somewhat new in this context, transferring available values should provide at least an order-of-magnitude estimate of relevant costs. These types of costs are generally not considered during the project analysis phase of project development but they can help to reduce the uncertainty associakd with many projects, particularly during the closurelpost-closure phase when significant liability may exist. Integrating all aspects of environmental compliance costs during the initial phase of a project analysis will provide a much more complete analysis of project feasibility.

19.10 OTHER ISSUES 19.10.1 THE FEDERAL CLEAN AIR ACT AMENDMENTS by B. J. Beckham Requirements of the Federal Clean Air Act Amendments of 1990 (CAAA) are estimated to cost in excess of $25 billion per year. The implementation of the full Act may take anywhere from 20 to 25 years. There are eleven titles in the Act, seven of which will dramaticaIly affect air emitting industries, including mining operations. Those that will have the greatest impact on industry are the non-attainment, air toxics, acid rain, permits, and enforcement titles. There has been considerable improvement in air quality across the county for ozone, carbon monoxide, sulfur oxide and other criteria pollutants, but, even so, there are still many areas (over 100)that fail to meet the national ambient air quality standards. The CAAA Title I non-attainment provisions require air quality control areas to revise their existing air quality plans to meet nationa1 ambient air quality standards. Each area is classified depending upon the degree to which the air quality standard is exceeded. Areas with the least problematic air quality are given three years to comply with the national ambient air quality standards. Extreme areas, such as Los Angeles for ozone, m given well over 20 years to comply with the standards.

740

CHAPTER

19

The major control approach in the non-attainment areas is to implement reasonably available control technology or RACT. This would apply to major sources of volatile organic compounds and nitrogen oxides to address areas that cannot demonstrate compliance with the ozone standard. The more severe the problem, the tighter the major source definition, to the extent that in Los Angeles, for example, a major source is defined as emitting only 10 tons per year of NOX or volatile organic compounds. RACT is determined on a case-by-case basis. Perhaps more important to mining operations, sources in area designated as PM,o non-attainment will be required to implement reasonably available control measures or RACM, which may allow for slightly more flexibility than the RACT requirements. The states will be dependent upon EPA to provide control technology guidelines; EPA is in the process now of developing those guidelines. For new sources, offsets are required in non-attainment areas. The offset ratios change from 1 . 1 to 1 up to 1.5 to 1, depending upon the severity of non-attainment in a given area. Title 111 applies to hazardous air pollutants. The requirements in the 1977 Clean Air Act Amendments set out a process where EPA was to establish national emission standards for hazardous air pollutants (NESHAPs). Over a period of 12 years, only seven compounds were regulated. The shift now in the 1990 legislation changes from a risk-based approach to a technology-based approach, dependent upon industry or source type. The law lists 190 substances for which EPA is required to develop maximum achievable control technology or MACT. The first major MACT standards developed by EPA deal with hazardous organic materials emitted by the synthetic organic chemical manufacturing industry. The MACT standards for mining operations are currently not scheduled to be promulgated until the year 2000. Under the 1990 Amendments, EPA is also required to study the levels of residual risk after MACT standards have been implemented. If it is determined that there is still a substantial risk to the general population (i.e., greater than risk level), additional risk-based standards will be developed and applied. The definition of a major source has changed considerably for hazardous air pollutants. Annual emissions of 10 tons per year for any of the 190 hazardous air pollutants listed in the law would qualify a facility as a major source, which would trigger MACT requirements. Even if emissions are less than 10 tons per year for any one hazardous air pollutant, if in the aggregate the total exceeds 25 tons per year, that particular source would be subject to MACT as well. Furthermore, EPA has the authority to cstablish a lesser quantity cutoff for 47 hazardous air pollutants. In some cases, depending upon the compound, a major source

could be defined down to emissions of a tenth of a ton per year, requiring the application of MACT. Title 111 allows a source to delay meeting MACT for up to 6 years through an early reduction program. To qualify for this program, a source would have to demonstrate that it has reduced emissions of hazardous air pollutants by 90% since its baseline inventory in 1987 (with some exceptions). The source would then have to submit a modified permit consistent with the Title V requirements, and establish a new enforceable emission limit for the source. Title IV applies to acid rain. The law seeks to reduce SO, emissions by 10 million tons per year by the year 2000, and nitrogen oxides emissions by 2 million tons. The goal is to be achieved in two phases. Phase I requires 111 power plants (major emitters of SO,) to achieve an average emission rate of 2.5 pounds of SO, per million BTU by 1995. Phase I1 is to result in all power plants achieving a 1.2 pounds SO, per million BTU emission rate by 2000. Plants that achieve a rate less than 1.2 pounds per million BTU in 1995 will receive a 20% bonus in allowances to account for growth. An SO, emissions cap is effective January 1, 2000, and additional increases in SO, emissions will have to be "offset." Title IV does not require that specific technology be employed; consequently, reductions can be achieved by switching to clean burning fuels (for example, low sulphur coal). Reductions achieved can be "banked" and used for future growth, sold, or used to meet specific reduction targets. Title V establishes the operating permit program, which is similar to the NPDES water quality program. All major sources are required to apply for operating permits. The permit program is set up to collect annual emission fees: The suggested fee under the Act is $25.00 per ton for all regulated pollutants. This fee, (which is indexed to the Consumer Price Index) is to be collected by the permitting agency to support the direct and indirect costs of operating the permit program. EPA issued the final operating permit regulations in July 1992. State agencies will have to take the "boilerplate" requirements of EPA's regulations and obtain the necessary statutory authority and proceed with the development of permit regulations at the state level. For many major sources, permit applications will be due in late 1994 or in 1995. Some companies will necd to permit hundreds of sources. These permits are likely to have a far more comprehensive impact than previous permitting programs, even though many states currently have an operating permit program. Two provision that merit further discussion in the permit program deal with operational tlexibility and establishment of a permit shield. Operational flexibility would allow a source to make minor changes in its operation without having to go through the formal permitting process. Accordingly,


it is important for sources to look at what changes have occurred historically at their particular operations and have those addressed in the permit. Since the new operating permits are deemed to include all of the limitations in the state implementation plan and all of the requirements to demonstrate compliance with the new CAAA, if a source complies with those requirements in the permit, it is deemed to be in compliance with the law. The source obtains a shield from enforcement actions under the law if it is complying with the specific provisions of the permit. It is important to consider the permit shield very closely since it does interface with some of the enforcement requirements. The source must ensure that the operating permit includes all of the applicable provisions and it is in full compliance. Under the new law, the enforcement agency is allowed to assess fees or penalties on site for violations, similar to a traffic ticket, of up to $5,000 per day. The Clean Air Act Amendments of 1990 and comparable state laws will establish new and expanded permit requirements. There are some things that mining companies can do now to prepare for new regulations, particularly by obtaining an updated emission inventory, looking at ways to reduce hazardous emissions, determining what permit fees might apply, and evaluating alternative operating scenarios.

19.10.2 STORM WATER RUNOFF by P. Keppler Under the Federal Water Quality Act of 1987, EPA was directed to phase in regulation of storm water discharges and require permits from dischargers of storm water associated with industrial activity and from medium and large municipal separate storm sewer systems [33 U.S.C. 5 1342(p)]. Pursuant to this requirement and a court entered consent decree, EPA promulgated on October 3 1, 1990 regulations requiring permit applications for certain industrial and municipal storm water dischargers (55 Fed. Reg. 47990, 40 C.F.R. Part 122). Industrial dischargers included mining operations where storm water is contaminated by raw materials (ore), overburden, mining wastes, or products. As with the waste water discharge (NPDES) permit program, the new storm water permit program can be administered by the states if the state programs meet minimum Federal requirements. Many of the states where coal and metal mining occur have authority to administer the water discharge permit program and are developing regulations and accepting applications from storm water dischargers. The Federal and state regulations provide for two types of storm water discharge permits: individual and general permits. The Federal regulations authorize similar industries to file a group application. Many coal

741

and metal mining operations joined in group applications that were prepared and submitted through trade associations (the American Mining Congress and the National Coal Association [now the National Mining Association]) prior to the deadlines for submitting such permit applications under the new storm water rules. With the submittal of additional information, EPA accepted the group applications and most parties should be eligible for general permits covering the active mining operations in the group applications. Those states with general permit issuing authority will make the final determination as to whether mining operations in the group applications should be covered by general permits or whether some of these mines will be q d to obtain individual permits. The individual storm water discharge permit is similar to the NPDES permit for waste water discharges previously required under the CWA. The applicant for an individual permit must submit detailed information on the mining site and monitoring data on storm water discharges. The permit will contain effluent concentration limits and other conditions, including a storm water management plan. Most mining operations should qualify for a general storm water discharge permit. Where the state has authority to issue general permits, the environmental agency develops the application requirements and the terms and conditions of the general permits. General permits may be available for several classes of industrial dischargers, including construction, light and heavy industry, industrial minerals, and coal mining. Some of these categories will cover many types of mining operations that are required to obtain storm water discharge permits. If not a member of a group application, in order to be covered by a general permit the mine owner or operator must file a notice of intent to be covered by the general permit with EPA or the state environmental agency. The notice must provide certain basic information, including the location of the mine, a description of the operation and its discharge and other information necessary to determine if the mine is within the terms of the general permit. As in the case of an individual permit, the operation covered by general permit must develop a storm water management plan within six months of the date the general permit becomes effective and implement such plan within one year of the effective date. At the time of this writing, most states have published or are still developing the regulations for general storm water permits [some are patterned after the EPA proposed general permit rule issued on July 31, 1991 (56 Fed. Reg. 40948)l. Mining operations planning to be covered by a general permit should file a notice of intent within 180 days of the publication of general permit regulations by the state environmental agency (or EPA in those states where EPA administers the NPDES permit

742

CHAPTER

19

program). For new or expanded mining operations, notice of intent should be filed at least 30 days prior to any construction that may result in a storm water discharge. The storm water management plan requircd by the regulations must include a description of the site pollution prevention committee, a material inventory and risk identification and assessment, a preventive maintenance program, spill prevention 'and response procedures, and storm water management practices. In addition, chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (SARA Title IIT or EPCRA) must be stored and handled in a manner that prevents the discharge of such chemicals in storm water runoff from the mining operation. The main thrust of the new storm water discharge permit regulations is to require industrial dischargers, including coal and metal mines, to develop and implement storm water management programs that will reduce or eliminate pollutants or contaminants in storm water runoff. As discussed further below under Pollution Prevention, prudent mine operators will use best management practices and investigate means of waste reduction and pollution prevention in order to stay a step ahead of mandated environmental controls and remain competitive. The most common means for controlling storm runoff is to construct diversion ditches that cany the runoff around areas disturbed by the mining activity. Precipitation on the mine area can be collected in a catchment basin that can serve as a primary treatment system. In some areas, the water collected on site can be recycled and used in the milling process, for dust control, and for reclamation. It may also be feasible to construct a wetland and divert storm water runoff into the wetland for treatment prior to discharge. As described below, natural and constructed wetlands are being used more and more for treating acid mine drainage and other waste water from mining operations.

19.10.3 ENDANGERED SPECIES, WETLANDS AND ENVIRONMENTALLY SENSITIVE AREAS by P. Keppler A number of Federal and state laws have been enacted to

protect areas that are considered cnvironmcntally unique or particularly sensitive, including the habitat of endangered or threatened species. These laws and implementing regulations have a significant impact on resource development, including mincral exploration and extraction, to the extent of precluding mining where it is incompatible with the area's designation or status. Three Federal laws that have restricted mineral development in the United States include the Wilderness Act, the Endangered Species Act, and Section 404 of the Clean Water Act.

Under the 1964 Wilderness Act, substantial areas of Federal lands have been set aside as wilderness where no development is allowed that will disturb the pristine character of the arca. Legislation has been introduced i n each Congress to designate new wilderness areas or expand existing areas. Setting aside large tracts of Federal lands as wilderness has effectively foreclosed development of natural resources in these areas in order to preserve the natural character for future gencrations. Similarly, national parks, wild and scenic rivers and certain wildlife refuges are "off limits" to mining operations that can adversely affect the area's status or character. The Endangered Species Act (ESA) can have a profound impact on existing and proposed resource development and is attracting considerablc attention, particularly in those areas where the ESA has been used to effectively shut down a major industry (e.g., logging and forest products in the Northwest). The controversy and rcsulting litigation for protecting the Northern Spotted Owl in the Pacific Northwest has joined the issue of protecting endangered species at all cost, including severe economic impacts. In some cases, Congressional action will be necessary to resolve the conflict between resource development and protection of endangered species. Although not receiving the notoriety of the Northern Spotted Owl controversy, there have been a number of occasions where a listing or proposed listing of a threatened or endangered species and its critical habitat has severely limited or foreclosed mineral exploration and development. Section 7 of the ESA (16 U.S.C. 0 1536) requires Federal agencies to use their authorities in furtherance of the purposes of the Act to carry out programs for the conservation of endangered and threatened species. Section 7(a)(2) requires each Federal agency in consultation with the Secretary of Interior (Fish and Wildlife Service) to ensure that any action authorized, funded or carried out by such agency is not likely to jeopardize any endangered or threatened species or result in adverse modification or destruction of critical habitat. This provision applies to virtually any Federal activity and includes granting of licenses, contracts, permits, leases and actions directly or indirectly modifying the environment. Thus, a mining company seeking a right-of-way or permit from a Federal agency will be subject to the review and consultation requirements of the ESA if the proposed activity may adversely impact a listed species or its habitat. If the agencies determine that the proposed project will have an adverse impact on a listed species or a critical habitat, the project will have to be modified to avoid such impact or the license, permit, or other Federal action must be denied. Scction 9 of the ESA [I6 U.S.C. 5 1538(a)] makes it unlawful for any person to "take" a listed spccies.

CURRENT AND PROJECTED ISSUES The term take is broadly defined to include harass, harm, pursue, hunt, trap, or capture or attempt to engage in any such conduct. Violation of the taking prohibition for listed species can result in substantial civil penalties and criminal prosecution. Courts have held that it is not necessary to prove direct causation in order for there to be a taking under the Act. In other words, an activity can be only one of several causes of harm to a listed species and still be prohibited. Therefore, a mineral development that only has minimal impact on a listed species or its habitat may be prohibited or shut down even though other activities or effects contributed to the species' decline. When the Act comes up for reauthorization, it is anticipated that Congress will adopt several changes to the ESA to lessen the draconian impacts on economic development while still achieving the basic purpose of the Act. Representatives of the mining industry argue that the Act should be amended to allow mineral exploration and development that does not significantly harm or harass endangercd and threatened species. Section 404 of the Clean Walcr Act (33 U.S.C. $ 1344) requires a permit from the Corps of Engineers for the discharge of dredged or fill material into navigable waters, which by definition includes wetlands. This statute and implementing regulations has generated as much controversy and has had as much impact on natural resource development and agriculture as any of the other environmental laws discussed in this volume. Section 404(b) of the CWA directs the EPA Administrator to develop guidelines and specifications for disposal of dredged or fill material in navigable waters and wetlands. EPA can prohibit or veto a permit for the disposal of dredged or fill material if the disposal will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife or recreational areas. This dual jurisdiction by the Corps of Engineers and EPA has magnified the problems of a far reaching permit program that affects a number of activities never envisioned by the drafters when this Section was enacted as part of the Federal Water Pollution Control Act in 1972. Section 404(g) authorizes delegation of the dredge or fill permit program to a state by EPA after consultation with the Corps of Engineers and the United States Fish and Wildlife Service. The state must submit to the BPA Administrator a full and complete description of the program and a statement from the Attorney General that the laws of the state provide adequate authority to carry out such a program. Michigan is the only state that has obtained delegation of the drcdgc or fill permit program during the 20 years that this provision has been in cffcct. Under Section 404, a wetland is broadly defined to include any area that is periodically saturated and supports or has the ability to support wetlands type vegetation. What constitutes a wetland subject to the

743

jurisdiction of the Corps of Engineers is one of the most controversial aspects of the Section 404 permit program. The Corps, in consultation with EPA, Fish and Wildlife Service and the Soil Conservation Service, developed a Guidance Manual in 1987 setting forth detailed criteria on what constitutes jurisdictional wetlands. The 1989 version of the Manual was criticized by industry and particularly farmers who complained that the definition of wetlands was too broad and resulted in severe restrictions on legitimate farming activity and similar development. In 1991, EPA and the Corps proposed changes to the 1989 Manual to address these concerns. The proposed changes met with an outcry from the environmental and scientific community claiming that the agencies were "selling out" to development interests and eviscerating President Bush's policy of "no net loss of wetlands." As a result of this controversy, the Congress has directed the Corps in an appropriation bill to use the 1987 Guidance Manual until such time this matter is reviewed by the National Academy of Sciences and Congress has an opportunity to review the NAS recommendations. Both coal and metal mining are often conducted near or in wetlands areas. Obviously, the mincral resource must be mined where found and the extraction of the resource can directly or indirectly affect areas that are considered wetlands under the broad Federal definition. Even though the statute addresses "discharges of ctredged or fill material," this has been interpreted by some courts as including alteration of wetlands, such as digging drainage ditches to create uplands. If a Section 404 permit is required, the Corps of Engineers will conduct an environmental assessment and if granting the permit is considered a major Federal action with significant environmental impacts, an environmental impact statement will be required under NEPA. Preparing an EIS can be an expensive and time consuming effort that can add significantly to the cost of the project. The Section 404 regulations provide that a permit can be issued for depositing dredged or fill material in a wetland under certain conditions, including requiring the project proponent to mitigate the impacts of the project. Such mitigation measures can include constructing an equal or greater wetland area to that being affected or uscd. A number of mining companies have constructed wetlands for mitigation and for reclamation of mined areas, particularly surface coal mines in the mid-western United States. Furthermore, constructed wetlands are now being used for treating acid mine drainage and overflow from mineral tailing impoundments. Note that the statute does not require a permit for constructing a wetland unless this requires filling an existing wetland area. However, once a wetland is created, placing dredged or fill material into that wetland requires a Section 404 permit from the U. S. Army Corps of Engineers. Section 401 of the CWA (33 U.S.C. 0 1341)

744

CHAPTER

19

requires the applicant for a dredge or fill permit to obtain certification from the state that the discharge of the material into wetlands will comply with state standards and regulations. The state can establish procedures for public notice and hearings in connection with granting such certification. Accordingly, the applicant for a Section 404 permit will need to review applicable state standards and satisfy the environmental agency that the discharge of dredged or fill material into a wetland area will not violate any water quality requirement in such state or that the applicant will implement acceptable mitigation measures that will offset such adverse impacts. The state agency can require that the Section 404 permit contain conditions and standards that arc considered necessary to meet state requirements and such conditions and standards shall be incorporated into the Federal permit. The Corps of Engineers has issued regulations for nationwide or general permits for activities that have little or minimal impacts on the nation's waters and wetlands (33 CFR Part 330). The regulations provide general permits for ccrtain typcs of activities, including discharges of dredged or fill material to wetlands, without having to go through the process of obtaining an individual permit. Several nationwide permits are relevant to coal and metal mining, specifically permit #18 (minor discharges of dredged or fill material that does not exceed 25 cubic yards or cause a loss of more than l/lOth acre of wetlands), permit #21 (disturbance associated with surface coal mining activities authorized by OSM or a state with an approved program), and permit #26 (discharges of dredged or fill material into headwaters and isolated waters that do not cause the loss of more than 10 acres of waters or wetlands). The nationwide permits covering the discharges of dredged or fill material into wetlands that cause the loss of either more than l/lOth acre (permit #18) or 1 acre (permit #26) require notification of the District Engineer, such notification to provide certain information, including a delineation of the affected wetlands. If the District Engineer determines that the proposed activity will have more than minimal impacts, he can require the proponent to file an application and obtain an individual permit before authorizing the project to proceed. All of the Corps' nationwide permits are subject to gcneral conditions and the Section 404 permits are subject to special conditions that if violated will rcsult in voiding the permit and can lead to enforcement action to prohibit the activity and to obtain restoration of the disturbed area as well as payment of fines. Although the nationwide permit program has assisted in reducing the number of permits required for activities having limited impacts on the nation's waters and wetlands, many mining activities are not covcrcd by nationwide pcrmits and thus are requlred to obtain individual Section 404 permits. In thc future, it is doubtful that the nationwide

permit program will be significantly expanded and as a result, most mineral exploration and development affecting wetlands will trigger the requirement for an individual Section 404 permit.

19.10.4 ENVIRONMENTAL AUDITS by P. Keppler Performing periodic environmental compliance audits is becoming a common practice in the mining industry. Most companies with large mining operations conduct audits of such operations cvery one to two years. Environmental audits are a key element of an environmental management program. The objective or goal of an environmental audit should be well defined and understood by management. An audit can be used to determine compliance with applicable regulations, to evaluate performance of the facility, to verify that the operation meets company policy which may go beyond strict compliance, or the audit may identify means for pollution prevention and waste reduction. A Comprehensive environmental audit may achieve several or all of these objectives. The fundamental purpose for conducting an environmental audit is to identify potential problem areas where the operation may not be in full compliance with all applicable regulations or standards. An audit can serve as an early warning of practices or procedures that may result in violations which in turn can result in significant penalties or shut down of the facility. The keys to an effective environmental audit program are full support of top management, adequate resources to conduct the audits and prepare reports, and timely follow-up on the audit findings. If top management is not committed to environmental audits and an environmental compliance program, the environmental performance of the organization will suffer and compliance with regulations and permits can not be assured. An effective audit program requires commitment of resources, either in-house legal and technical personnel or outside contractors. A comprehensive audit of a large mining operation can involve several man-weeks of effort. However, the real costs of an audit program gcnerally are incurred in the follow-up necessary to correct matters that were uncovered and identified during the audit. If some environmental matters have been neglected for a period of time, major capital and operating expense may be necessary to satisfy current requirements and avoid noncompliance. Environmental audits should be performed by persons not directly involved with or responsible for performance of the facility being audited. The audit must be an objective, thorough assessment of the operation that provides information and recommendations to managcment that can be acted upon. It is critical that the company act on the audit findings and recommendations


in a timely manner. Failure to address problems identified in the audit report may lead to violations and enforcement actions seeking criminal penalties and irnprisonmcnt of responsible officials for knowing or intentional violations. Government agencies have adoptcd policics encouraging self-evaluation audits. In July 1486, EPA published ils original environmental auditing policy statement encouraging the use of environmental audits to help achieve and maintain compliance with environmental laws and regulations (51 Fed. Reg. 25004). On July 1 , 1991. the United States Department of Justice issued a statement providing in part: "It is the policy of the Department of Justice to encourage self-auditing, self-policing and voluntary disclosure of environmental violations by the regulated community by indicating that these activities are viewed as mitigating factors in the Department's exercise of criminal environmental enforcement discretion," On December22. 1995, EPA issued its final policy to "enhance protection of human health and the environment by encouraging regulated entities to voluntarily discover, and disclose and correct violations of environmental requirements." (60 Fed.Reg. 66706.) Incentives for conducting audits and reporting violations include substantially reducing civil penalties and not recommending cases for criminal prosecution. A number of conditions have to be met (e.g.. voluntary discovery, prompt disclosure, correction and remediation, preventing recurrence, etc.) in order to avoid penalties and criminal enforcement. A number of states have recently enacted laws providing a self-evaluation privilege and immunity from penalties for companies performing voluntary audits and promptly reporting violations and correction the noncompliance. For example, in 1994 the Colorado Legislature enacted the Self-Evaluation Privilege and Voluntary Disclosure Law that creates an environmental audit privilege for information obtained through a voluntary audit and provides immunity from civil and certain criminal penalties if the violations are reported promptly to the Colorado Department of Public Health and Environment and the non-compliance is corrected as soon as practicable ($9 13-25-126.5. 13-90-107, and 25-1-114.5, C.R.S.). The Colorado law and other, similar state statutes go beyond thc EPA audit policy in icims of evidentiary privilege and immunity from penalties and, as a result, some tensions have developed between the states and EPA on enforcement authority and delegation of environmental programs to the states. It is expected that thcse differences in policies will he salisfactorily resolved so that the states with sclfevaluation privilege laws will retain delegation of major programs and industries will continue to have the benefit of the self-evaluation privilege and immunity from penalties when voluntarily conducting audits and

745

reporting and correcting violations. Obtaining voluntary compliance with environmental laws is obviously the rnulually desired goal and can best be achieved through cooperation and trust. Financial institutions and investors as a matter of course now rcqucst infomation on a company's cnvironmental compliance status and performance. Accurate information must be provided on environmental matters bcforc thc company can obtain significant financing through loans or issuing stock. Information obtained through recent environmental audits is essential for satisfying these requests. The practice of conducting periodic environmental compliance audits will become commonplace for most mining companies. Evcn small companies with one or two opcrations are likely to conduct some type of self-evaluation or audit to confirm compliance with applicable requirements. It is anticipated that audits will become more cornprchcnsivc and be used [or identifying means for pollution prevention and source reduction in the mining and minerai processing industries.

19.10.5 POLLUTION PREVENTION by P. Keppler "Pollution prevention" and "source reduction" are the benchmarks for environmental control in the 1990s. The Pollution Prevention Act of 1990 (42 U.S.C. $5 13101-13109) was enacted by Congress to address the growing concern over treatment of pollution and waste disposal. In the Act, Congress declares that it is the nationaI policy that pollution should be prevented or reduced at the source whenever feasible and pollution that cannot be prevented should be recycled or treated in an environmentally safe manner. Waste disposal or release into the environment should be employed only as a last resort. A number of states have enacted similar pollution prevention laws. The Pollution Prevention Act emphasizes "source reduction," which is defined as a practice that reduces the amount of any hazardous pollutant entering any waste stream or otherwise released into the environment prior to recycling, treatment, or disposal, and reduces the hazards to public health and the environment. Source reduction includes modification of cquiprncnt or tcchnology or processes or procedures, reformulation or design of products, substitution of raw materials, and improvements in housekeeping, maintenance, employee training and inventory control. Because of the nature of mineral extraclion and proccssing, pollution prcvcntion and source reduction may hc somewhat limited. However, the industry will n d to examine innovative methods for improving minerals recovery and for reducing the use of h d o u s chemicals and reagents in mineral extraction and beneficiation. Preparing a inaterial balance and a

746

CHAPTER

19

comprehensive audit of operations may identi@ source reduction and pollution prevention opportunities. For example, it may be possible to make equipment modifications or changes in milling reagents that reduce the hazxdous constituents of mineral tailings. It may also be possible to increase recycling of additivcs and reagents used in c e m n metals recovery and milling processes. Mining is an energy intensive industry. Large coal and metal mines and mineral processing facilities consumc considerable amounts of electric power. By reducing power consumption and cnnscrving energy, the mining industry can assist in achieving greater source rcduction in the electric utility industry and thereby aid in achieving the goals of the Pollution Prevention Act. Through market forces that are creating greater demand for recycled and secondary materials. the mining industry is having to more closely examine secondary materials recovery in all seciors, from reproccssing mineral tailings to recycling appliances and automobiles. Consumers in developed countries are demanding not only more "green" products, but also products that are made from recycled materials and can in turn be recycled after their useful life. Although there will always be a need for a certain amount of virgin material, the industry will need to develop more economical minerals recovery

technology using secondary feed materials. The goals of pollution prevention, source reduction, and recycling reflect a new paradigm in environmenta1 policy - that is to devise a system of sustainable industry practices that can be implcmented without posing undue environmental risks now or in the future. The new paradigm for environmental protection will influence decisions about materials (including minerals) society uses, the technologies for manufacturing goods. and the responsibilities of governments and industry to protect the gjobal environment. For the minerals industry, the move toward sustainable industry will result in increased full life cycle analysis - determining the risks of minerals from extraction through processing. manufacture and use, distribution, and consumer application to final disposal or reuse. It is evident that the mining industry is f d with major challenges in protecting the environment and addressing public concerns while at the same time producing the basic raw materials n d d for sustaining and advancing our society. The United States mining industry must be willing to meet these challenges and remain competitive in the global market if it is to survive. If the past is prologue to the future, the industry will adapt and continue to be a viable player in the international minerals market.

Chapter 20

DIRECTORY OF STATE REGULATORY AGENCIES ALABAMA

ARKANSAS

(Coal)

Department of Pollution Control and Ecology P.O. Box 8913 8001 National Drive Little Rock, Arkansas 72219-8913

Alabama Surhce Mining Commission 1811 Second Avenue, 2nd Floor P.O. Box 2390 Jasper, Alabama 35502-2390

Tele: 501-682-0809 Fax: 56501-682-0880

Tele: 205-221-4130 Fax: 205-221-5077

C A L I F 0 RNIA (Non-Coal) Office of Mine Reclamation California Department of Conservation 801 K St., MS-09-06 Sacramento, CA 95814-3529

State Programs Division Alabama Department of Industrial Relations 649 Monroe Street Montgomery, Alabama 36130

Tele: 916-323-8565 Tele: 334-242-8265 Fax: 334-242-8403

COLORADO Division of Minerals and Geology Colorado Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203

ALASKA Division of Mining and Water Management Alaska Department of Natural Resources 3601 C Street, Suite 800 Anchorage, Alaska 99503-5935

Tele: 303-866-3567 Fax: 303-832-8106

CONNECTICUT

Tele: 907-762-8630 Fax: 907-563-1853

ARIZONA

Environmental Protection Departmant 65 Capitol Ave. Hartford. CT 06006

DELAWARE

Office of State Mine Inspector 1700 West Washington Suite 400 Phoenix, Arizona 8.5007-2805

Dcpartrnent of Natural Resources and Environrncnlal Control 84 Kings Highway P.O. Box 1401 Dover, DE 109U3

Tele: 602-542-5971 Fax: 602-542-5335

Tele: 302-736-4506 747

748

CHAPTER

20

FLORIDA

IOWA

Department of Environmental Protection Resource Management Division 2051 E. Dirac Drive Tallahassee, FL 32310-3760

Department of Agriculture & Land Stewardship Division of Soil Conservation Wallace State Office Building Des Moines, Iowa 503 19

Tele: 904-488-3177

Tele: 515-281-6147 Fax: 515-281-6170

GEORGIA

KANSAS Land Reclamation and Sedimentation Control Program Department of Natural Resources 4244 lntcrnational Parkway, Suite 104 Atlanta. Georgia 30354

Tele: 404-362-2537

Surface Section Department of Health & Environment P. 0. Box 1418 Pittsburg, Kansas 66762-1418

Tele: 316-231-8615 Fax: 316-231-0753

IDAHO KENTUCKY

Bureau of Minerals Department of Lands 1215 W. State Street Boise, Idaho 83720

Tete: 208-334-0247 Fax: 208-334-2339

ILLINOIS

Office of Mines and Minerals Department of Natural Resources 524 South Second Street Springfield, Illinois 62701- 1787 Tele: 217-782-6791 Fax: 217-524-4819

Natural Resources and Environmental Protection Cabinet 5th Floor, Capital Plaza Frankfort, Kentucky 40601

Tele: 502-564-3350 Fax: 502-564-3354

LOUISIANA Department of Natural Resources Office of Conservation Injection and Mining Division P.U. Box 94725 Baton Rouge, Louisiana 70804-4275

TeIe: 504-342-5528 Fax: 504-342-3094

INDIANA MAINE Department of Natural Resources 402 W. Washington Street Room W256 Indianapolis, Indiana 46204

Tele: 317-232-4020 Fax: 317-233-6811

Department of Environmental Protection Division of Site Location State House Station 17 August, ME 04333-0017

Tele: 207-287-7688


MARY LAND Department of Natural Resources Water Resouces Administration Tawes State Office Building 580 Taylor Avenue Annapolis, Maryland 2 1401-235 1

Tele: 301-974-2788

MICHIGAN

MONTANA (Coal) Reclamation Division Department of Environmental Quality P.O. Box 200901 Helena, Montana 59620-0901

Tele: 406-444-4982 Fax: 406-444-1923 (Non-Coal)

Geological Survey Division Department of Natural Resources P.O. Box 30256 Lansing, Michigan 48909

Montana Department of State Lands Hard Rock Bureau P.O. Box 202301 1625 Eleventh Ave. Helena, MT 59620-2301

Tele: 517-334-6923

Tele: 406-444-4988

NEBRASKA MINNESOTA Pollution Control Agency Environmental Analysis Office 520 Lafayette Road St. Paul, MN 55155

Environmental Control Department State Office Building P.O. Box 98922 Lincoln, NE 68509-8922

Tele: 402-471-2186

Tele: 612-296-7794 NEVADA MISSISSIPPI Department of Environmental Quality Office of Geology 2380 Highway 80 West P.O. Box 20307 Jackson, Mississippi 39289- 1307

Tele: 601-961-5500 Fax: 601-961-5521

MISSOURI Land Reclamation Program Department of Natural Resources Jefferson State Office Building P.O. Box 176 Jcfferson City, Missouri 65 102

Tele: 573-751-4041 Fax: 573-751-0534

Nevada Division of Minerals 400 W. King St., Suite 106 Carson City, NV 89710

Tele: 702-687-5050

NEW

HAMPSHIRE

Environmental Services Department 6 Hazen Dr. Concord, NH 03301

Tele: 603-271-3503

NEW JERSEY Environmental Protcction Department 401 E. State St. Trenton, NJ 08625-0402

Tele: 609-292-3131

749

NEW MEXICO Mining and Minerals Division Energy, Mincnls and Natural Resources Department 2040 South Pxhcco Street Santa Fc, New Mexico 87505

Tele: 505-827-5974 Fax: 505-827-7195

OKLAHOMA Oklahoma Department of Mines 4040 N. Lincoln Blvd.. Suite 107 Oklahoma City, Oklahoma 7 1105

Tele: 405-521-3859 Fax: 405-427-9646 OREGON

NEW YORK Department of Environmental Conservation Division of Mineral Resources 50 Wolf Road, Room 202 Albany, NY 12233-6500

Mined Land Reclamation Department o f Geology and Mineral Industries 1536 Queen Avenue, S.E. Albany, Oregon 9732 1-6687

Tele: 541-967-2039 Fax: 541-967-2075

Tele: 518-457-0100 PENNSYLVANIA NORTH CAROLINA Department of Environment, Health and Natural Resources Division of Land Resources P.O. Box 27687 Raleigh, NC 2761 1-7687

Department of Environmental Resources P.O. Box 2063 Harrisburg, Pennsylvania 17105-2063

Tele: 717-787-2814

RHODE ISLAND

Tele: 919-733-3833 Department of Environmental Management 3 Hayes Street Providence, Rhode Island 02906

NORTH DAKOTA Reclamation Division North Dakota Public Service Commission Capitol Building Bismarck, North Dakota 58505

Tele: 701-328-4108 Fax: 70 1-328-2410

Tele: 401-277-2771

SOUTH CAROLINA Department of Health & Environmental Control Division of Mining and Solid Waste Permitting 2600 Bull St. Columbia, SC 29201

Tele:

803-896-4263

OHIO Division of Reclamation Department of Natural Resources 1855 Fountain Square Bldg. H Columbus. Ohio 43224

Tele: 614-265-6675

SOUTH DAKOTA Division of Environmental Services Department of Environment and Natural Resources Joe Foss Building, 523 E. Capitol Pierre, South Dakota 57501 -31 81

Tele: 605-773-3153 Fax: 605-773-6035


TENNESSEE

751

WASHINGTON

Department of Environment and Conservation Bureau of Environment L and C Tower, 2 1st Floor 401 Church Street Nashville, TN 37243- 1530

Division of Geology and Earth Resources Department of Natural Resources P.O. Box 47007 1111 Washington St., S.E. Olympia, Washington 98504-7007

Tele: 423-532-0220

Tele: 360-902-1440 Fax: 360-902-1785

TEXAS Surface Mining and Reclamation Division Railroad Commission of Texas P.O. Drawer 12967 Capitol Station Austin, Texas 787 1 1-2967

Tele: 512-463-6900 Fax: 512-463-6709

WEST VIRGINIA West Virginia Division of Environmental Protection 10 McJunkin Road Nitro, West Virginia 25 143

Tele: 304-759-0515 Fax: 304-759-0526

UTAH WISCONSIN Department of Natural Resources Utah Division of Oil, Gas and Mining 3 Triad Center Suite 350 355 West North Temple Salt Lake City, Utah 84180-1230

Natural Resources Department P.O. Box 7921 Madison, WI 53707

Tele: 608-266-2621

Tele: 801-538-5340 Fax: 801-359-3940 WYOMING VIRGINIA Department of Mines, Minerals and Energy 9th Street Office Building, 8th floor 202 N. 9th Street Richmond, Virginia 23219

Tele: 804-692-3202 Fax: 804-692-3237

Department of Environmental Quality Herschler Bldg - 4th Floor West 122 West 25th Street Cheyenne, Wyoming 82002

Tele: 307-777-7938 Fax: 307-777-5973

Chapter 27

GLOSSARY (A list of acronyms follows this Glossary)

A

Administrative Procedure Act: A law that spells out procedures and requirements related to the promulgation of regulations.

Abatement: Measures taken to reduce the degree or intensity of, or eliminating, pollution.

Advanced Waste Water Treatment: Any Ireatnient of sewage that goes beyond the secondary or biological water treatment stage and includes the removal of nutrients such as phosphorus and nitrogen and a high percentage of suspended solids. (See Primary Waste Treatment.)

Acceptable Daily Intake (ADI): An estimate of the largest amount of a substance to which a person can be exposed on daily basis that is not anticipated to result in adverse effects. Acid Deposition: A complex chemical and atmospheric phenomenon that occurs when emissions of sulfur and nitrogen compounds and other substances are transfonned by chemical processes in the atmosphere, often far from the original sources, and then deposited on earth in either a wet or dry form. The wet forms, popularly called "acid rain," can fall as rain, snow, or fog. The dry forms are acidic gases or particulates.

Aeration: The process that promotes bioIogical dcgradation of organic water. The process may be passive (as when waste is exposed to air) or active (as when a mixing or bubbling device introduces the air). Aeration Tank: A chamber used to inject air into water, Aerobic: Life or processes that require. or are not destroyed by, the presence of oxygen. The presence of free oxygen. (See Anaerobic.)

Acid Rain: (See Acid Deposition.) Action Levels: Regulatory levels recommended by EPA for enforcement by FDA and USDA when pesticide rcsidues occur in food or feed commodities for reasons other than the direct application of the pesticide. As opposed to "tolerances" that are established for residues occurring as a direct result of proper usage, action levels are set for inadvertent residues resulting from previous legal use or accidental contamination; in the Superhnd program, the existence of a contaminant concentration in the environment high enough to warrant action or trigger a response under SARA and the Nalional Oil and Huardous SubSkdnceS Contingency Plan. The term can be used similarly in other regulatory programs. (See Tolerances.) Activated Carbon: A highly adsorbent form of carbon used to remove odors and toxic substances from liquid or gaseous emissions. In waste treatment it is used to remove dissolved organic matter from waste water. It is also used in motor vehicle evaporative control systems. 752

Aerobic Treatment: Process by which microbes decompose complex organic compounds in the presence of oxygen and use the liberated energy for reproduction and growth. Types of aerobic processes include cxkndtlxl aeration, trickling filtration, and rotating biological contractors. Agglomeration: The process by which precipitation particles grow larger by collision or contact with cloud particles or other precipitation particles. Agglutination: The process of uniting solid particles coated with a thin layer of adhesive material or of arresting solid particles by impact on a surfacc coated with an adhesive. Air Pollutant: Any substance in air that cuuld, if in high enough concentration, harm man, othcr animals, vcgctation, or material. Pollutants may include almost any natural or artificial composition of matter capable of

GLOSSARY

being airborne. They may be in the form of solid particles, liquid droplets, gases, or in combinations of these forms. Generally, they fall into two main groups: 1) those emitted directly from identifiable sources; and 2) those produced in the air by interactions between two or more primary pollutants, or by reaction with normal atmospheric constituents, with or without photoactivation. Exclusive of pollen, fog, and dust, which are of natural origin, about 100 contaminants have been identified and fall into these categories: solids, sulfur compounds, volatile organic chemicals, nitrogen compounds, oxygen compounds, halogen compounds, radioactive compounds, and odors.

Air Pollution: The presence of contaminant or pollutant substances in the air that do not disperse properly and interfere with human health or welfare, or produce other harmful environmental effects. Air Quality Standards: The level of pollutants prescribed by regulations that may not be exceeded during a specified time in a defined area. Airborne Particulates: Total suspended particulate matter found in the atmosphere as solid particles or liquid droplets. The chemical composition of particulates varies widely, dcpcnding on location and time of year. Airborne particulates include windblown dust, emissions from industrial processes, smoke from the burning of wood and coal, and the exhaust of motor vehicles. Alpha Particle: A positively charged particle composed of 2 neutrons and 2 protons released by some atoms undergoing radioactive decay. The particle is identical to the nucleus of a helium atom. Ambient Air: Any unconfined portion of the atmosphere; open air, surrounding air. Anaerobic: A life process that occurs in, or is not destroyed by, the absence of oxygen. Aquifer: An underground geological formation, or group of formations, containing usable amounts of groundwater that can supply wells and springs. AOC (Area of contamination): A continuous (significant) extent of contamination at a Superfund site. For the purposes of ARARs, is used as the cquivalcnt of a RCRA land-baxd unit to dctermine whether disposal occurs. Area Source: Any small source of nonnatural air pollution that is released over a relatively small area but which cannot be classified as a point source. Such sources may include vehicles and other small fuel

753

combustion engines.

ARARS (Applicable or Relevant and Appropriate Requirements): Those cleanup standards, standards of control, and other substantive environmental protection requirements, criteria, or limitations promulgated under Federal or State law that specifically address a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstance at a CERCLA site, or that address problems or situations sufficiently similar to those encountered at the CERCLA site that their use is well-suited to the particular site. Ash: The mineral content of a product remaining after complete combustion. Atmosphere: A standard unit of pressure representing the pressure exerted by an 29.92 inch column of mercury at sea level at 45" latitude and equal to 1000 grams per square centimeter; the whole mass of air surrounding the earth, composed largely of oxygen and nitrogen. Attainment Area: An arca considered to have air quality as good as or better than the national ambient air quality standards as defined in the Clean Air Act. An area may be an altainment arca for one pollutant and a nonattainment area for others.

Backfill (ing): The process of filling and/or the material used to fill a mine opening; in general, the material placed "back" to refill an excavation; waste sand or rock used to support the roof after removal of ore from a stope. Background Level: In air pollution control, the concentration of air pollutants in a definite area during a fixed time prior to the starting up or on the stoppage of a source of emission under control. In toxic substances monitoring, the average presence in the environment, originally referring to naturally occurring phenomena. BACT (Best Available Control Technology): An emission limitation based on the maximum degree of emission reduction that (considering energy, environmental, and cconomic impacts and other costs) is achievable through application of production processes and available methods, systems, and techniques. In no event does BACT permit emissions in excess of those allowed under any applicable Clean Air Act provision. Use of the BACT concept is allowable on a case by case basis for major new or modified cmissions sources in attainment areas and applies to each regulated pollutant.

754

CHAPTER

21

Baghouse Filter: Large fabric bag, usually made of glass fibers, used to eliminate intermediate and large (greater the 20 microns in diameter) particles. This device operates in a way similar to the bag of an electric vacuum cleaner, passing the air and smaller particulate matter, while cntrapping the larger particles. Bench: The horizontal step or floor along which coal, ore, stone or overburden is worked or quarried. Best Practical Technology (BPT): The degree of treatment to be applied to all industrial wastes by July 1, 1977, based gcnerally on the average pollution control performance achieved by the best existing plants. Beta Particle: An elementary particle emitted by radioactivedecay that may cause skin burns. It is halted by a thin sheet of paper.

Bevill Amendment: Part of RCRA legislation that classifies certain wastes non-hazardous unless EPA finds otherwise. Wastes included are: flyash, bottom ash, mineral ore wastes, and cement kiln dust. Typically high volume / low toxicity materials. Biodegradation: Metabolic process by which highenergy organics are converted to low energy organics, CO,, and H,O. Bioassay: Using living organisms to measure the effect of a substance, factor, or condition by comparing before-and after-data. Term is often used to mean cancer bioassays. Biological Treatment: A treatment technology that uses bacteria to consume waste. This treatment breaks down organic materials. Biotechnology: Techniques that use living organisms or parts of organisms to produce a variety of products (from medicines to industrial enzymes) to improve plants or animals or to develop microorganisms for specific uses such as removing toxics from bodies of water, or as pesticides. Biotransformation: The enzymatic transformation of a foreign compound into a different one. The new compound may be more or less toxic than the old one.

C C A (Cooperative Agreement): A Federal assistance agrccment with the Stales andor their political subdivisions to transfer Federal funds andor responsibilities. Cooperative agreements are required for State-lead, fund-financed Superfund actions.

Cap: A layer of clay, or other highly impermeable material, installed over the top of a closed landfill to prevent entry of rainwater and minimize production of leachate. Capture Efficiency: The Fraction of all organic vapors generated by a process that are all dirated to an abatement or recovery device. Carcinogen: Any substance that can cause or contribute to the production of cancer. Cells: In solid waste disposal, holes where waste is dumped, compacted, and covered with layers of dirt on a daily basis; the smallest structural part of living matter capable of functioning as an independent unit. CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act): A Federal law passed in 1980 and modified in 1986 by the Superfund Amendments and Reauthorization Act (SARA). The Acts created a special tax that goes into a Trust Fund, commonly known as Superfund to investigate and clean up abandoned or uncontrolled hazardous waste sites. Under the program, EPA can either: 1) Pay for site cleanup when parties responsible for the contamination cannot be located or are unwilling or unable to perform the work; or 2) Take legal action to force parties responsible for site contamination to clean up the site or pay the Federal government for the cost of cleanup. CERCLIS (Comprehensive Environmental Response, Compensation, and Liability Information System): EPAs comprehensive data base and management system that inventories and tracks releases addressed or needing to be addressed by the Superfund program.

Bottom Ash: The non-airborne combustion residue from burning pulverized coal in a boiler. The material falls to the bottom of the boiler and is removed mechanically.

CFCs (Chlorofluorocarbons): A family of inert, nontoxic, and easily liquefied chemicals used in refrigeration, air conditioning, packaging, insulation, or as solvcnts and aerosol propellants. Because CFCs not destroyed in the lower atmosphere, they drift into the upper atmosphere where their chlorine components destroy ozone.

Black Lung: A disease of the lungs caused by habitual inhalation of coal dust.

CFR (Code of Federal Regulation): All Federal regulations in force arc published annually in codified

GLOSSARY form in the Code of Federal Regulations.

Characteristic: Any one of the four categories used in defining hazardous waste: ignitability, corrosivity, reactivity, and toxicity. Chemical Treatment: Any one of a variety of technologies that use chemicals or a variety of chemical processes to treat waste. Chemicals of Potential Concern: Chemicals that are potentially site-related and whose data are of sufficient quality for use in the quantitative risk assessment. Chlorination: The application of chlorine to drinking water, sewage, or industrial waste to disinfect or to oxidize undesirable compounds. Cleanup: Actions taken to deal with release or threat of release of a hazardous substance that could affect humans andor the environment. The term “cleanup” is sometimes used interchangeably with the terms remedial action, rcmoval action, response action. or corrective action. Coagulation: A clumping of particles in waste water to settle out impurities. It is often induced by chemicals such as lime, alum, and iron salts. Comminution: Mechanical shredding or pulverizing of wastes. Used in both solid waste management and wastewater treatment. Confined Aquifer: An aquifer in which ground water is confined under pressure that is significantly greater than atmospheric pressure. Consent Decree: A legal document, approved by a judgc. that formalizes an agreement reached between EPA and potentially responsible for parties (PRPs) through which PRPs will conduct all or part of a cleanup action at a Superfund site, cease or correct actions or processes that are polluting the environment, or otherwise comply with regulations where the PRP’s failure to comply caused EPA to initiate regulatory enforcement actions. The consent decree describes the action PRPs will take and may be subject to a public comment period. Contaminant: Any physical, chemical, biological, or radiological substance or matter that has an adverse effect on air, water, or soil. Contingency Plan: A document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or other accident that releases toxic chemicals, hazardous wastes, or

75 5

radioactive materials that threaten human health or the environment.

Corrosion: The dissolving and wearing away of metal caused by a chemical reaction such as between water and the pipes that the water contacts, chemicals touching a metal surface, or contact between two metals. Corrosive: A chemical agent that reacts with the surface of a material causing it to deteriorate or wear away. Cost-Effective Alternative: The cleanup alternative selected for a site on the National Priorities List (NPL) based on protectiveness. technical feasibility, permanence, reliability and cost. The alternative is not required to be the least expensive. Cost Recovery: A legal process by which potentially responsible parties who contributed to contamination at a Superfund site can be required to reimburse the Trust Fund for money spent during any cleanup actions by the federal government. Critical Habitat: That part of habitat essential to the survival of a species. CWA (Clean Water Act): A statute under which EPA pmmulgatcs Water Quality Criteria and administers the National Pollutant Discharge Elimination System (NPDES) permit program, as well as regulates discharges to or dredging of wetlands. Cut: An excavation, usually with one dimension significantly longer than the other.

Degradation: Chemical or biological transformation of a complcx compound into a number of simple ones. Deliquescent: The ability to absorb water from the air. Digester: In wastewater treatment, a closed tank. In solid waste conversion, a unit in which bacterial action is induced and acceIerated in order to break down organic matter and establish the proper carbon to nitrogen ratio. Digestion: The biochemical decomposition of organic matter, resulting in partial gasification, liquefaction, and mineralization of pollutants. Dike: A low wall that can act as a barrier to prevent a

756

CHAPTER

21

spill from spreading.

Dioxin: Any of a family of compounds known chemically as dibenzo-p-dioxinx. Concern about them arises from their potential toxicity and contaminants in commercial products. Tests on laboratory animals indicate that it is one of the more toxic man-mad chemicals known. Direct Discharger: A municipal or industrial facility that introduces pollution through a defined conveyance or system; a point source. Direct Haulage: Hauling soil directly to a regrade site. Disposal: Final placement or destruction of toxic, radioactive, or other wastes, surplus or banned pesticides or other chemicals, polluted soils, and drums containing hazardous materials from removal actions or accidental relcases. Disposal may be accomplished through use of approved secure landfills. surface impoundments, land farming, deep well injection, Ocean dumping, or incineration. DO (Dissolved Oxygen): The oxygen freely available in water. Dissolved oxygen is vital to fish and other aquatic life and for the prevention of odors. Traditionally, the level of dissolved oxygen has been acceptable as the single most important indicator of a water body's ability to support desirable aquatic life. Secondary and advanced waste treatment are generally designed to protect DO in waste-receiving waters.

bodies using a scooping machine. This disturbs the ecosystem and causes silting that can kill aquatic life. Dredging of contaminated mud can expose aquatic life to heavy metals and other toxics.

E EA (Endangerment Assessment): A study conducted as a supplement to a remedial investigation to determine the nature and extent of contamination at a Superfund site and the risks posed to public health andor the environment. EPA or State agencies conduct the study when legal action is pending to require potentially responsible parties to perform or pay for the site cleanup. Ecosphere: The "bio-bubble" that contains life on earth, in surface waters, and in the air. Ecosystem: The interacting system of a biological community and its nonliving environmental surroundings. EDD (Enforcement Decision Document): A document that provides an explanation to the public of EPAs selection of the cleanup alternative at enforcement sites on the National Priorities List. Similar to a Record of Decision. Effluent: Wastewater, treated or untreated, that flows out of a treatment plant, sewer. or industrial outfall. Generally refers to wastes discharged into surface waters.

Dissolved Solids: Disintegrated organic and inorganic material contained in water. Excessive amounts make water unfit to drink or use in industrial processes.

Effluent Limitation: Restrictions established by a State or EPA on quantities, raies, and concentrations in wastewater discharges.

Dose: The amount of a substance penetrating the exchange boundaries of an organism after contact. Dose is calculated from the intake and the absorption efficiency, and it usually is expressed as mass of a substance absorbed into the body per unit of time. Also, in radiology, the quantity of energy or radiation absorbed.

Emission Standard: The maximum amount of air polluting discharge legally allowed from a single source, mobile or stationary.

Dose-response Evaluation: The process of quantitatively evaluating the toxicity information and characterizing the relationship between the dose of the contaminant administered or received and the incidence of adverse health effects in the exposed population. From the quantitative dose-response relationship, toxicity values are derived that are used in the risk characterization step to estimate the likelihood of adverse effects occurring in humans at different exposure levels. Dredging: Removal of mud from the bottom of water

Emission Trading: EPA policy that allows a plant complex with several facilities to decrease pollution from some facilities while increasing it from others, so long as total results are equal to or better than previous limits. Facilities where this is done are treated as if they exist in a bubble in which total emissions are averaged out.Complexes that reduce emissions substantially may "bank" their "credits" or sell them to other industries. Endangered Species: Animals, birds, fish, plants, or other living organisms threatened with extinction by man-made or natural changes in their environment. Requirements for declaring a species endangered are contained in the Endangered Species Act.

GLOSSARY

Endangerment Assessment: A study conducted to determine the nature and extent of contamination at a site on the National Priorities List and the risk posed to public health or the environment. EPA or the state conducts the study when a legal action is to bc laken to dirccl potcntially responsible parties to clean up a site or pay for the cleanup. An endangered assessment supplements a remedial investigation. Enrichment: The addition of nutrients (e.g., nitrogen, phosphorus, carbon compounds) from sewage effluent or agricultural runoff to surface water. This process greatly increases the growth potential for algae and aquatic plants. Environment: The sum of all external conditions affecting the lire, development and survival of an organism. Environmental Assessment: A written environmental analysis that is prepared pursuant to the National Environmental Policy Act to determine whether a federal action would significantly affect the environment and thus rqulre preparation of a more detailed environmental impact statement. Environmental Audit: An independent assessment of the current status of a party’s compliance with applicable environmental requirements; an independent evaluation of a party’s environmental compliance policies, practices, and controls. Environmental Impact Statement: A document required of federal agencies by the National Environmental Policy Act for major projects or legislative proposals significantly affecting the environment. A tool for decision making, it describes the positive and negative effects of the undertaking and lists alternative actions. Environmental Response Team: EPA experts located in Edison, NJ, and Cincinnati, OH who can provide around-the-clock technical assistance to EPA regional offices and states during all types of emergencies involving hazardous waste sites and spills of hazardous substanccs. EPA: The U.S. Environmental Protection Agency, established in 1970 by Presidential Executive Order, bringing together parts; of various government agencies involved with the control of pollution. Epidemiology: The study of diseases as they affect population, including the distribution nf disease, or other health-related statcs and events in human populations, the factors that influence this distribution, and the

757

application of this study to control health problems.

Erosion: The wearing away of land surface by air or water. Erosion occurs naturally from weather or runoff hut can be intensified by land-clearing practices related to farming, residential or industrial development, road budding, or timber-cutting. Estuary: Regions of interaction between rivers and near shore ocean waters, where tidal action and river flow create a mixing of fresh and salt water. These areas may include bays, mouths of rivers, salt marshes, and lagoons. These brackish water ecosystems shelter and feed marine life, birds, and wildlife. Evaporation Ponds: Areas where sewage sludge is dumped and allowed to dry out. Exposure Route: The way a chemicaI or physical agent comes in contact with an organism (ie., by ingestion, inhalation. or dermal contact).

Extremely Hazardous Substances: Any of the chemicals identified by the EPA on the basis of toxicity, and listed under SARA Title 111. This list i s subject to periodic revision.

F Filtration: A treatment process, under the control of qualified operators. for removing solid (particulate) matter form water by passing the water through porous media such as sand or a man-made filter. The process is often used to remove particles that contain pathogenic organisms. Floc: A clump of solids formed in sewage by biological or chemical action. Flocculation: The process by which clumps of solids in water or sewage are made to increase in size by biological or chemical action so that they can be separated from the water. Flue Gas: The air coming out of a chimney aftcr combustion in the burncr it is vcnting. It can include nitrogen oxides, carbon oxides, water vapor, sulfur oxides, particles and many chemical pollutants.

Flume: A natural or man-made channel that diverts water. Fly Ash: Noncombustible residual particles from the combustion process, carried by flue gas. Consists mainly of various oxides and silicates. Major sources are pulverized coal burning boilers.

758

CHAPTER

21

FONSI (Finding of No Significant Impact): A document prepared by a federal agency that presents the reason why a proposed action would not have a significant impact on the environment and thus would not require preparation of an Environmental Impact Statement. A FONSI is based on the results of an environmental assessment. Food Chain: A sequence of organisms, each of which uses the next, lower member of the sequence as a food source. Formulation: The substance or mixture of substances that is comprised of all active and inert ingredients in a pesticide. Free Liquids: Liquids that readily separate from the solid portion of a waste under ambient temperature and pressure. Fresh Water: Water that generally contains less than 1,000 milligrams per liter of dissolved solids. FS (Feasibility Study): A study undertaken by the lead agency to develop and evaluate options for remedial action. The feasibility study emphasizes data analysis, implementability of alternatives, and cost analyses, as well as compliance with mandates to protect human health and the environment and attain regulatory standards of other laws. The FS is generally performed concurrently and in an interactive fashion with the remedial investigation, using data gathered during the remedial investigation. Fume: Tiny particles trapped in vapor in a gas stream.

G Gamma Radiation: Gamma rays are true rays of energy in contrast to alpha and beta radiation. The properties are similar to x-rays and other electromagnetic waves. They arc the most penetrating waves of radiant nuclear energy but can be blocked by dense materials such as lead. Gasification: Conversion of solid material such as coal into gas for use as a fuel. Gene: A length of DNA that directs the synthesis of a protein. Gross Alpha Particle Activity: Total activity due to emission of alpha particles. Used as the screening measurement for radioactivity generally due Lo naturally-

occurring radionuclides. Activity is commonly measured in picocuries.

Ground Cover: eroding.

Plants grown to keep soil from

Habitat: The place where a population lives and its surroundings, both living and nonliving. Half-life: The time required for a pollutant to lose half its effect on the environment. For example, the half-life of DDT in the environment is fifteen years, of radium, 1,580 years; the time required for half of the atoms of a radioactive element to undergo decay; the time required for the elimination of one half a total dose from the body. Hazardous Substance: Section lOl(14) of CERCLA, as amended, defines "hazardous substance" chiefly by reference to other environmental statutes, such as the Solid Waste Disposal Act, Federal Water Pollution Control Act, Clean Air Act, and Toxic Substances Control Act. The term excludes petroleum, crude oil or any fraction thereof, natural gas, natural gas liquids, or synthetic gas usable for fuel. Hazardous Waste: By-products of society that can pose a substantial or potential hazard to human health or the environment when improperly managed. Possesses at least one of four characteristics (ignitability, corrosivity, reactivity, or toxicity), or appears on special EPA lists. Hazard Analysis: The procedures involved in: identifying potential sources of release of hazardous materials from fixed facilities or transportation accidents; determining the vulnerability of a geographical area to a release of hazardous materials; and comparing hazards to determine which present greater or lesser risks to a community. Heavy Metals: Metallic elements with high atomic weights or high density (> 5g/cm3), toxic for the most part. They can damage living things at low concentrations and tend to accumulate in the food chain. Examples include mercury, chromium, cadmium, arsenic, and lead. Highwall Reduction: Lowering the angle of a highwall by means of excavation or blasting. Holding Pond: A pond or reservoir, usually made of earth, built to store polluted runoff.

Hydraulic Stowing: The filling of mine voids with granular material or waste transported to the deposition site as a water slurry by a pipeline. Hydrocarbons: Chcmical compounds that consist entirely of carbon and hydrogen. Hydrohgy: The science of dealing with the properties, distribution, and circulation of water.

L Landscape Character: The arrangement of a particular landscape as f o m d by the variety arid intensity of the landscape features and the four basic elements of form, line, color, and texture. These factors give the area a distinctive quality that distinguishes it from its immediate surroundings. Leachate Collection System: A system that gathers leachate and pumps it to the surface for treatment.

Incineration: Burning of certain types of solid, liquid or gaseous materials; a treatment technology involving destruction of waste by controlled burning at high temperatures. e.g.. burning sludge to remove lhc water and reduce the remaining residues to a safe. non-burnable ash that can be disposed of safely on land, in some waters or in underground locations. Incinerator: A furnace for burning wastes under controlled conditions. Inflow: Entry of extraneous rain water into a sewer system from sources other than infiltration, such as basement drains, manholes, storm drains, and street washing. Influent: Water, wastewater, or other liquid flowing into a reservoir, basin, or treatment plant. Injection Zone: A geological formation, group of formations, or part of a formation receiving fluids through a well. Inorganic Chemicals: Chemical substances of mineral origin, not of basically carbon structure. Interstate Waters: Waters that flow across or form part of state or international boundaries. Ion Exchange Treatment: A common water softening method often found on a large scale at water purification plants that removes some organics and radium by adding calcium oxide or calcium hydroxide to increase the pH to a level where the metals will precipitate out.

Isotope: A variation of an element that has the same atomic number but a different weight because of its neutrons. Various isotopes of the same clement may have different radioactive behaviors,

Leaching: The process by which soluble constituents are dissolved and carried down through the soil by a percolating fluid. Limestone Scrubbing: Process in which sulfur gases moving towards a smokestack are passed through a limestone and water solution to remove sulfur before it reaches the atmosphere. List: Shorthand term for EPA list of violating facilities or lists of firms debarred from obtaining government contracts because they violated certain sections of the Clean Air or Clean Water Acts. The list is maintained by the Office of Enforcement and Compliance Monitoring. LLRW (Low Level Radioactive Waste): Wastes less hazardous than most of those generated by a nuclear reactor. Usually generated by hospitals, research laboratories, and certain industries. The Department of Energy, Nuclear Regulatory Commission. and EPA share responsibilities for managing them. LOAEL (Lowest Observed Adverse Effect Level): In dose-response experiments, the experimental exposure level representing the lowest level tested at which adverse effects were demonstrated. LOC (Level of Concern): The concentration in air of an extremely hazardous substance above which there may be serious immediate health effects to anyone exposed to it for short periods of time. Lowest Achievable Emission Rate: Under the Clean Air Act, this is the rate of emissions that reflects 1) the most stringent emission limitation that is contained in the implementation plan of any state for such source unless the owner or operator of the proposed source demonstrates such limitations are not achievable; or 2) the most stringent emissions limitation achieved in practice, whichever is more stringent. Application of tlus

760

CHAPTER

21

term does not permit a proposed new or modified source to emit pollutants in excess of new source standards.

and provide advice and technical assistance to the responding agency(ies) before and during a response action.

M

Neutralization: The chemical process in which the acidic or basic characteristics of a fluid are changed to those of water. This usually is accomplished by adding other bases or acids until the concentration of hydrogen and hydroxyl ions in the solution are approximately equal.

Major Stationary Sources: Term used to determine the applicability of Prevention of Significant Deterioration and new source regulations. In a nonatlainment area, any stationary pollutant source that has a potential to emit morc than 100 tons per year is considered a major stationary source. In PSD areas the cutoff level may be either 100 or 250 tons. depending upon the type of sourcc. Marsh: A type of wetland that does not accumulate appreciable peat deposits and is dominated by herbaceous vegetation. Marshes may be either fresh or saltwater and tidd or non-tidal.

MCL (Maximum Contaminant Level): The maximum permissible level of a contaminant in water delivered to any user of a public water system. MCLs are enforceable standards.

Nonpoint Source: Pollution sources that are hffise and do not have a single point of origin or are not introduced into a receiving stream from a specific outlet. The pollutants are generally canied off the land by stormwater runoff. The commonly used categories for nonpoint sources are: agriculture, forestry, urban, mining, construction, dams and channels, land disposal, and saltwater intrusion. Nutrient: Any substance assimilated by living things that promotes growth. The tcrm i s gcnerally applied to nitrogen and phosphorus in wastewater, but is also applied to other essential and trace elements.

Media: Specific environments - air. water, soil - that are the subject of regulatory concern and activities. Mine Waste: Barren or subeconomic material in a mine. Monitoring: Periodic or continuous surveiilance or testing to determine the level of compliance with statutory requirements andlor pollutant levels in various media or in humans. animals, and other living things. Monitoring Wells: Wells drilled at a hazardous waste management facility or Superfund site to collect groundwater samples for the purpose of physical, chemical, or biological analysis to determine the amounts, types, and distribution of contaminants in the ground water beneath the site.

N NPL (National Priorities List): EPA's list of the most serious uncontrolled or abandoned hazardous waste sitcs identified for possible long-term remedial response.

NRT (National Response Tcam): Rcpresentativcs of thirteen federal agencies that, as a lcam, coordinate federal responses to nationally significant incidents of pollution

Operable Unit: Term for each of a number of separate activities undertaken as part of a Superfund site cleanup. A typical operable unit would be removing drums and tanks from the surface of a site. Organic: Referring to or derived from living organisms; in chemistry, any compound containing carbon. Original Contour: Pre-mining topography. Overburden: The rock and soil cleared away before mining.

Oxidation: The addition of oxygen that breaks down organic waste or chemicals such as cyanides, phenols, and organic sulfur compounds in sewage by bacterial and chemical means; oxygen combining with other elements; the process in chemistry whereby electrons are removed from a molecule.

P PA (Preliminary Assessment): The process of collecting and reviewing available information about a known or

GLOSSARY

761

suspected hazardous waste site or release. EPA or States use this information to determine if the site requires further study. If further study is needed, a Site Inspection (SI) is undertaken.

Point Source: A stationary location or fixed facility from which pollutants are discharged or emitted. Also, any single identifiable source of pollution, e.g., a pipe, ditch, ship, ore pit, factory smokestack.

Passive Treatment: Improving water quality using techniques that, after an initial investment, engineering and construction, little or no care or maintenance is required.

Pollutant: Generally, any substance introduced into the environment that adversely affects the usefulness of a resource.

Pay Zone: The portion of a deposit that carries the profitable material. PCBs: A group of toxic, persistent chemicals (polychlorinated biphenyls) used in transformers and capacitors for insulating purposed and in gas pipeline systems as a lubricant.

Pollution: Generally, the presence of matter or energy whose nature, location or quantity produces undesired environmental effects. Under the Clean Water Act, for example, the term is defined as the man-made or maninduced alteration of the physical, biological, and radiological integrity of water. Potable Water: Water that is safe for drinking and cooking.

Percolation: The movement of water downward and radially through the subsurface soil layers, usually continuing downward to the ground water.

Precipitate: A solid that separates from a solution because of some chemical or physical change.

Permeability: The rate at which liquids pass through soil or other materials in a specificd direction. Usually described as a rate of penetration at a defincd pressure.

Precipitation: Removal of solids from liquid waste so that the hazardous solid portion can be disposed of safely; rcmoval of particles from airborne emissions.

Permit: An authorization, license, or equivalent control document issued by EPA or an approved state agency to implement the requirements of an environmental regulation; e.g., a permit to operate a wastewater treatment plant or to operate a facility that may generate harmful emissions.

Precipitators: Air pollution control devices that collect particles from an emission.

Physical and Chemical Treatment: Processes generally used in large-scale wastewater treatment facilities. Physical processes may involve air-stripping or filtration. Chemical treatment includes coagulation, chlorination, or ozone addition. The term can also refer to treatment processes, treatment of toxic materials in surface waters and ground waters, oil spills, and some methods of dealing with hazardous materials in the ground. Plume: A visible or measurable discharge of a contaminant from a given point of origin. Can be visible or thermal in water, or visible in the air as, for example, a plume of smoke; the area of measurablc and potentially harmful radiation lealung from a damaged reactor. Pneumatic Stowing: A system of filling mined cavities in which the crushed rock is carried through a pipeline by compressed air and discharged at high velocity into the space to be packed, the intense projection ensuring a high density of packed material.

Pre-stripping: Removal of a portion of overburden ahead of another process. Pretreatment: Processes used to reduce, eliminate, or alter the nature of wastewater pollutants from nondomestic sources before they are discharged into publicly owned treatment works. Primary Waste Treatment: First steps in wastewater treatment; screens and sedimentation tanks are used to remove most material that floats or will settle. Primary treatment results in the removal of about 30% of carbonaceous biochemical oxygen demand from domestic sewage. PRP (Potentially Responsible Party): Any individual or company (such as an owner, operator, transporter, or generator) potentially responsible for, or contributing to, the contamination problems at a Superfund site. Whenever possible, EPA requires PRPs, through administrative and legal actions, to clean up sites contaminated by hazardous substances. PSI (Pollutant Standard Index): Measure of adverse health effects of air pollution levels in major cities.

762

CHAPTER

21

Remote (or blind) Backfilling: Backfilling in a mine area or site where access by personnel is not feasible. Quality Assurance/Quality Control: A system of procedures, checks, audits, and corrective actions to ensure that all EPA research design and performance, environmental monitoring and sampling, and other technical and reporting activities are of the highest achievable quality.

RA (Remedial Action): The actual construction or implementation phase that follows the remedial design of the selected cleanup alternative at a site on the National Priorities List (NPL). RAD (Radiation Absorbed Dose): A unit of absorbed dose of radiation. One RAD of absorbed dose is equal to .01 joules per kilogram. Radiation: Any form of energy propagated as rays, waves, or streams of energetic particles. The term is frequently used in relation to the emission of rays from the nucleus of an atom. Radionuclide: Radioactive element characterized according to its atomic number that can be man-made or naturally occurring. Radioisotopes can have a long life as soil or water pollutants, and are believed to have potentially mutagenic effects on the human body. RCRA (Resource Conservation and Recovery Act of 1976): A Federal law that established a structure to track and regulatc hazardous wastes from the time of generation to disposal. The law requires safe and secure procedures to be used in treating, transporting, storing, and disposing of hazardous substances. RCRA is designed to prevent new, uncontrolled hazardous waste sites. The law also regulates the disposal of solid waste that may not be considered hazardous. Recharge: The process by which water is added to a zone, usually by percolation from the soil surface, e.g., the recharge of an aquifer.

Response Action: A CERCLA-authorized action at a Superfund site involving either a short-term removal action or a long-term remedial response that may include, but is not limited to, the following activities: removing hazardous materials from a site to an EPA approved, licensed hazardous waste facility for treatment, containment, or destruction; containing the waste safely on-site to eliminate further problems; destroying or treating the waste on-site using incineration or other technologies; and identifying and removing the source of groundwater contamination and halting further movement of the contaminants. Risk Assessment: An evaluation performed as part of the remedial investigation to assess conditions at a Superfund site and determine the baseline risks posed to public health andor the environment. Risk Communication: The exchange of information about health or environmental risks between risk assessors, risk managers, the general public, news media, interest groups, etc. Risk Management: The process of evaluating alternative regulatory and non-regulatory responses to risk and selecting among them. The selection process necessarily requires the consideration of legal, economic and social factors. RMCL (Recommended Maximum Contaminant Level): The maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on human health would occur, and which includes an adequate margin of safety. Recommended levels are nonenforceable health goals. Rock Sculpturing: Configuring rock cuts to prcduce staggered benches and planting pockets that mimic natural terrain and accent natural fracture lines in the rock.

Recharge Area: A land area in which water reaches to the zone of saturation from surface infiltration, e.g., an area where rainwater soaks through the earth to reach an aquifer.

ROD (Record of Decision): A legal document that explains which cleanup alternative(s) will be used to cleanup Superfund remedial sites. The Record of Decision is based on information and technical analysis generated during the remedial investigatiodfeasibility study (RVFS) and consideration of public comments and community concerns.

Releveling: Making a structure that has deflected or tilted, because of subsidence, level again by using jacks or other such devices.

RP (Responsible Party): A party that admits to or that EPA or the DOJ prove was responsible for contamination at a Superfund site.

GLOSSARY

Run-Off: That part of precipitation, snow melt, or irrigation water that runs off the land into streams or other surface-water. It can carry pollutants from the air and land into receiving waters.

763

wastes include sewage sludge, agricultural refuse, demolition wastes, and mining residues. Technically, solid waste also refers to liquids and gases in containers.

Sorption: The action of soaking up or attracting substances. A process used in many pollution control systems.

RUSLE: Revised Universal Soil Loss Equation.

Spoil: The overburden that has been removed in gaining access to coal or other ores. Saturated Zone: A subsurface area in which ail pores and cracks are filled with water under pressure equal to or greater than that of the atmosphere. Scrubber: An air pollution device that uses a spray of water or reactant or a dry process to trap pollutants in emissions. Security Cover: Habitat that provides security for wildlife. Sedimentation: Gravitational settling of solid particles in a liquid system; the separation of suspended pmcles in an aqueous waste stream. Site Inspection: The collection of information from a Superfund site to determine the extent and severity of hazards posed by the site. It follows and is more extensive than a preliminary assessment. The purpose is to gather information necessary to score the site, using the Hazard Ranking System, and to determine if the site presents an immediate threat that requires prompt removal action. Slurry: A watery mixture of insoluble matter that results from some pollution control techniques.

SMCRA (Surface Mining Control and Reclamation Act of 1977): An act that regulates the environmental effects of coal mining.

SMOA (Superfund Memorandum of Agreement): A voluntary, non-binding agreement executed by an EPA Regional Administrator and the head of a State agency establishing the nature and extent of EPA and State inlcraction during thc pre-rerncdial, remedial, and enforcement response process.

Soil Salvage: reclam atinn.

Saving soil

for later use

in

Solid Waste: Non-liquid, nonsoluble material ranging from municipal garbage to industrial wastes that conlrun complex, and sometimes hazardous, substances. Solid

Subsidence: The lowering of strata, including the surface, due to underground excavations; surface caving, distortion or fissuring due to effects of collapse of rleep workings; a sinking down of a part of the earth's crust.

Superfund: The common name used for the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also referred to as the Trust Fund. Surfactant: A surface-active agent used in detergents to cause lathering.

Swamp: A type of wetland that is dominated by woody vegetation and does not accumulate appreciable peal deposits. Swamps may be fresh or salt water and tidal or nontidal.

Tailings: Residue of raw materials or waste separated out during the processing of crops or mineral ores. Tertiary Treatment: Advanced cleaning of wastewater that goes beyond secondary or biological stage. It removes nutrients such as phosphorus and nitrogen and most BOD and suspended solids. Thermal Pollution: Discharge of heated water from industrial processes that can affect the life processes of aquatic organisms. Tolerances: The permissible residue levels for pesticides in raw agricultural produce and processed foods. Whenever a pesticide is registered for use on a food or a feed crop, a tolerance must be established. EPA establishes the tolerance levels. which are enforced by the Food and Drug Administration and the Department of Agncul ture. Total Exposure Point: A point of potential exposure to substances from more than one exposure pathway.

764

CHAPTER

21

Toxic: Harmful to living organisms. T S S (Total Suspended Solids): A measure of the suspended solids in wastewater, effluent, or water bodies, determined by using tests for "total suspended nonfilterable solids."

Trust Fund: A fund set up under CERCLA to help pay for cleanup of hazardous waste sites and for legal action to force those responsible for the sites to clean them up. Turbidimeter: A device that measures the amount of suspended solids in a liquid. Turbidity: Haziness in air caused by the presence of particles and pollutants; a similar cloudy condition in water due to suspended silt or organic matter.

U UCC (Ultra Clean Coal): Coal that has been washed, ground into fine particles, then chemically treated to remove sulfur, ash, silicone, and other substances; usually briquetted and coated with a sealant made from coal.

V Vapor: The gaseous phase of substances that are liquid or solid at atmospheric temperature and pressure, e.g., steam. Visual Arc: The angle an object occupies in a viewer's eye. Visual Contrast Elements: The principal elements considered in completing a visual contrast rating. Color: The property of retlecting light of a particular intensity and wavelength to which the eye is sensitive. Color is the major visual property of surfaces. Chroma: The degree of color saturation or brilliance, determined by the mixture of light rays. It is the degree of grayness in a color, ranging from pure (high chroma) to dull (low chroma). Hue: The aspect of color that we know by particular names, e.g., red, blue, orange, and which forms the

visual spectrum. A given hue or color tint is caused by a particular wavelength. Value: The degree of lightness or darkness, caused by the intensity of light being reflected, ranging from black to white. Form: The mass or shape of an object or of objects which appear unified. Line: The path, real or imagined, that the eye follows when perceiving abrupt differences in form, color, or texture. Scale: The proportionate size relationship between an object and the surroundings in which it is placed. Space: The spatial qualities of a landscape are determined by the three-dimensional arrangement of objects and voids. Texture: The aggregation of small forms or color mixtures into a continuous surface pattern so that the aggregated parts do not appear as discrete objects in the composition of a scene.

Visual Contrast Rating: A systematic process developed by the Bureau of Land Management to analyze potential visual impacts of proposed objects and activities. Visual Impact: Changes to visual quality of the landscape caused by an activity. The degree of visual impact is dependent upon the amount of visual contrast created between the activity and the existing landscape character. Visual Remediation: Management alternatives and/or practices that return existing adverse visual impacts through modification or elimination to a desirable visual (scenic) quality. Volatile Organic Compound (VOC): Any organic compound that participates in atmospheric photochemical reactions except for those designated by the EPA as having negligible photochemical reactivity.

w Waste: Unwanted materials left over from a manufacturing process; refuse from places of human or animal habitation. Wastewater: The spent or used water from individual

GLOSSARY

homes, a community, a farm, or an industq that contains dissolved or suspended matter.

BACT

BPT ELM

Water Pollution: The presence in water of enough harmful or objectionablc material to damage the water's quality.

BMR

Water Quality Standards: State-adopted and EPAapproved ambient standards for water bodies. The standards cover the use of the water body and the water quality criteria that must he met to protect the designated use or uses.

CAA CAAA

BTU

765

Best Available Control Technology Best Practical (Control) Technology Bureau of Land Management Baseline Monitoring Report British Thermal Unit

Watershed: The land area that drains into a stream.

CFCs C FR

Wetlands: An area that is regularly saturated by surface or ground water and subsequently is characicrid by a prevalence of vegetation that is adapted for life in saturated soil conditions. Examplcs include: swamps, bogs, fens, marshes, and estuaries.

CGL c IF CIS GO CWA

Cooperative Agreement Clean Air Act Clean Air Act Amendments Corrective Action Report Cost Benefit Analysis Composite Correction Plan (CWA) Consent Decree Comprehensive Environmental Response, Compensation, and Liability Act Comprehensive Environmental Response, Compensation, and Liability Information System Chlorofunrocarbons Code of Federal Regulations Comprehensive General Liability Carbon in pulp Chemical Information System Consent Order Clean Water Act

WL (Working Level): A unit of measure for documenting exposure to radon decay products. One working level is equal to approximately 200 picocuries per liter.

DHS DI DL DMR DNAPL Do DO1 DOJ DQO

Designated Hazardous Substances Diagnostic Inspection (CWA) Detection Limit Discharge Monitoring Report (CWA) Dense Non-Aqueous Phase Liquid Dissolved Oxygen Department of the Interior Department of Justice Data Quality Objectives

EA EA

Endangerment Assessment Environmental Assessment Environmental Action Environmental Action Plan Enforcement Decision Document Economic Impact Assessment Environmental Impact Statement Emissions Inventory System Environmental Profile Environmental Protection Agency Emergency Response Division Endangered Species Act

CA

Water SoIubility: The maximum concentration of a chemical compound that can result when it is dissolved in water. If a substance is water soluble it can readily disperse through the environment.

WLM (Working Level Month): A unit of measure used to determine cumulative exposure to radon.

ACRONYMS Abatement and Control Air and Radiation Accountable Area Adverse Action Attainment Area Abatement and Control Administrative Consent Order ACO Acceptable Daily Intake AD1 Acceptable Level AL ANWR Arctic National Wildlifc Refuge Area of Contamination AOC Administrative Order on Conscnt (RCRA) AOC Administrative Procedure Act APA ARARS Applicablc (ir Rclcvant and Appropriate Requirements ARCS Alternative Remedial Contracts Strategy Aboveground Storage Tank AST ATS Action Tracking System

A&C A&R AA AA AA A&C

CAR CBA

CCP CD CERCLA CERCLIS

EA EAP

EDD EIA EIS

EIS EP

EPA

ERD ESA FERC FIP FONSI FLPMA

FNSl

FR FS

Federal Energy Regulatory Commission Federal Implementation Pian Finding of No Significant Impact Federal Land Policy and Management Act Finding of No Significant Impact Federal Register Feasibility Study

FS

FWS

Forest Service Fish and Wildlife Service

QMQC

Quality Assurance/Quality Control

Remedial Action Radiation Absorbed Dose RAD Rurd Abandoned Mine Program RAM!? Removal Cost Management System RCMS Resource Conservation and Recovery Act of RCRA 1976 Remedial Investigation RI Regulatory Impact Analysis RIA RCRA Implementation Plan RIP Recommended Maximum Contaminant Level RMCL Record of Decision ROD Responsible Party RP RUSLE Revised Universal Soil Loss Equation Reportable Quantities RQs RUSLE Revised Universal Soil Loss Equation RWQCB Regional Water Quality Control Board RA

GACT GW GWPS

Generally Available Control Technology Groundwater Groundwater Protection Standard

HAP WSWA

Hw

Hazardous Air Pollutant Hazardous and Solid Waste Amendments (RCRA, 1984) Hazardous Waste

IAG

Interagency Agreement

LLRW LOAEL LOC LTRA

Low Level Radioactive Waste Lowest Observed Adverse Effect Level Level of Concern Long Term Response Actions

MCL MOU MSHA

Maximum Contaminant Level Memorandum of Understanding Mine Safety and Health Administration

NAA NAAQS NCP NCP NCR NEPA NEVlBY NOAEL NOD NO1 NPL NRT NSPS NSR

Nonattainment Area(s) National Ambient Air Quality Standards National Contingency Plan (CERCLA) Noncompliance Penalties (CAA) Noncompliance Report (CWA) National Environmental Policy Act of 1969 Not In My Back Yard No Observable Adverse Effects Level Notice of Deficiency (RCRA) Notice of Intent National Priorities List National Response Team New Performance Standards New Source Review (CAA)

O&M OSM

Operation and Maintenance Office of Surface Mining Operable Unit Office of Wetlands Protection

ou

OWP PA PA1 PAT PCS

PSI PSM PRP

Preliminary Assessment Performance Audit Inspection (CWA) Permit Assistance Team (RCRA) Permit Compliance System (CWA) Pollutant Standards Index Point Source Modeling Potentially Responsible Party

Sampling and Analysis Plan Superfund Amendments and Reauthorization Act Superfund Comprehensive Accomplishments SCAP Plan (CERCLA) StateRPA Agreement SEA Superfund Emergency Response Actions SERA Superfund SF Site Investigation (CERCLA) SI Superfund Innovative Technology Evaluation SITE SMCRA Surface Mining Control and Reclamation Act Superfund Memorandum of Agreement SMOA Statement of Work sow Superfund State Contract ssc

SAP SARA

TAGS TSDF

TSS

Technical Assistance Grants Treatment, Storage, & DisposaI Facility (RCRA) Total Suspended Solids

Ultra Clean Coal ucc UMTRCA Uranium Mill Tailings Radiation Control Act USEPA United States Environmental Protection Agency USLE Universal Soil Loss Equation VOC

Volatile Organic Compound

WAP WL WLM

Waste Analysis Plan (RCRA)

WSRA

Working Level Worhng Level Month Wild and Scenic Rivers Act

INDEX A

Agency proposal for action, 47 Aggregate permit, 63 Agricultural Research Service, U.S. Department of Agriculture, 700 Air blast, 329 Air padding, 529 Air pollutants, 168 Air quality monitoring, 57. 399 ambient, 399 emission control system, 400 emissions from in situ mining, 173 surface support operations, 173 global warming, 170 hazardous air pollutants (HAPS), 170 lead and other metal hazardous air pollutants, 170 other criteria pollutants, 169 particulates, 169 regional air quality issues. 170 underground operations, 173 visibility, 170 Alabama, 747 Alaska, 704, 738, 747 Alaska Department of Environmental Conservation, 559 Alaska Electric Light and Power Company (AEL&P), 704 Alaska Gastineau Gold Mining Company, 704 Alaska National Interest Lands Act of 1980, 707 Alaska Native Claims Settlement Act (ANCSA), 704, 707 Alaska Statehood Act of 1959, 707 Alaska-Juneau Mine. 704 Alaskan Natives, 707 Albedo, 701 Alfers, S.D., 730 Alkali, 608 Alkalinity, 346, 603, 604 Allender, M.,401 Allgaier, F.K., 132 Allocation of authority, 101 Alluvial mining, 545 Aluminum, 601 Aluminum oxyhydroxides, 608 Amended soil layers, 424 Amendments, 594 American Indian Religious Freedom Act, 33 1 American Mining Congress, 727 American mining industry, 9 American Society for Testing and Materials, 513 Anaerobic environment, 352 Analytical methods, 439 Analyzing legislative impacts, 408 Angle of view, 176 Annual permit fees, 62 Annual water balance, 487

A-J Mining Company, 704 Abatement cost indicators, 634 Abiotic, 604 Above ground dry tailings disposal, 443 Access roads. 47 Accidental release, 61 Acid-base accounting, 584, 5 8 5 , 604. 606 Acid generation potential (AGP), 288, 290 Acid mine drainage (see "acid rock drainage") Acid neutralization potential (ANP), 290, 584 Acid production potential (AP), 584, 604 Acid rain, 52, 66 Acid rock drainage, 4,74, 151, 398, 521, 587, 599, 729 abatement, 240 incorporating alkalinity, 242 inhibition of iron-oxidizing bacteria, 242 isolation from oxygen, 241 isolation from water, 242 Acidity, 346, 603 Acquired lands, 86 Actinides, 608 Action-forcing, 46, 49 Adits and shafts, 48 Administrative orders, 393 Administrative Procedure Act, 42 Administrative rules, 126 Admiralty Island. 738 Adsorption, 542 Advisory Council on Historic Preservation (ACHP), 332 Aesthetics, 174, 263, 311 cosmetic treatment, 265 evaluation of visual effects, 266 field demonstration, 267 landscape principles, 174 mine abandonment, 176 mine operations development. 264, 175 mine planning, 175 mine siting, 264 minimize duration of impact, 266 mining method, 264 mining practices, 174 remediation of visual effects, 265 restoration of natural landscape character, 266 scale modeling, 267 viewer perception and interpretation, 176 visual effects. 264, 265 visual simulation, 266 Africa and the CIS countries, 676 Agency directed EIS/EA, 368

7 67

768

INDEX

Antimony, 607 Applicable or relevant and appropriate requirements, 78 Application information, 108 Aquatic biology and fisheries, 324 Aquifer characteristic modification, 246 mitigation, 246 prevention, 246 Aquifer flooding, 245 dewatering, 245 egress of water from pits/workings, 245 modification of topography, 245 prevention, 245 slope drainage, 245 water removal, 245 Arbitrary and capricious standard, 42 Archacological controls, 96 Archaeological resources, 267 Archaeologists, 179 Architectural and structural design, 195 Architectural historians, 179 Area sources, 59, 60 Areal, 192 Arizona, 747 Arizona Department of Environmental Quality (DEQ), 699, 704 Arkansas, 747 Armoring, 606 Arnott, R.A., 255 Arsenic, 603 Arscnopyrite, 607 Asbestos, 3 11 Assimilate, 632 Athel, 699 Atlas Precious Metals, 71 1 Atmospheric attenuation, 339 Attenuation by vegetation, 339 Audit, 51 3 Australia, 675 Availability of alternatives, 417

Babich, A,, 79 Backdrop, 176 Backfill material, 443 Backfilling, 713 Backstowing, 586 Bacteria, 542 Bailey, B., 309 Bald eagle, 350 Bank structure, 326 Banta, F.R., 681 Baseline air quality, 316 concentration, 57 conditions, 541 data, 344, 518 monitoring plan, 102 studies, 600

water quality, 538, 541 Beckman, R.T., 261 Beckman, B.J., 739 Bedded deposits, 184 Belt filters, 431 Beneficiation methods, 71 Beneficiation wastes, 72, 73 Benefits and drawbacks, 498 Bentel, D.L., 417 Berkeley pit, Montana, 163 Berm crests, 699 Best available control measures (BACM), 56 Best available control technology (BACT), 51, 57, 58, 469, 632, 712 Best available technology (BAT), 632 Best management practices, 70 Best use, 732 Bevill Amendment. 81, 85, 727, 738 Bieniawski, Z.T.. 413 Bioaccumulation, 608 Biological issues effects, 140, 205 assessment, 349 conservation plan, 350 functions, 352 monitoring, 68 opinion. 349 Blackstone, S., 86 Blankenship, G., 340 Blasting, 329 mitigation of effects, 270 Bleed stream, 536 BLM lands, 88 Bohemia Mine Owners Association (BMOA), 710 Boilers and generators, 53 Bokich, J., 652, 653 Bolivia, 670 Bond release, 596 Bonding, 389 corporate guarantee, 390 insurance, 389 letter of credit, 389 placer operations, 550 reclamation surety, 389 trust fund, 389 Bonding mechanisms, 390 life of project bond, 390 phased bonding, 390 project bond, 390 statewide and blanket bonds, 390 Born, A., 720 Bottom injection, 528 Botts, S.D., 329, 338 Boulder placement, 236 Bounty provisions, 393 Bradley Adit, 705 Braided channel, 157 British Columbia, 444, 455 Broadcast seeding, 594 Brown, A., 244, 248, 300, 335, Brown, D., 31 1

INDEX Brown, M.L., 476 Brown. T.. 132

Bubble concept. 695 Bucket ladder dredge, 546 Buffer zone, 573, 574 Bureau of Indian Affairs (BIA), 21 Bureau of Land Management (BLM), 21. 352, 354, 366, 578, 649, 728, 737 Bureau of Reclamation (BR), 21 Burke, T.D., 331 Burrell, J.K., 153 Buter, L.J., 304

C Calcite, 152, 583, 606 Calcium chloride, 53 1 California, 104, 747 air quality districts, 106 Air Resources Board, 106 closure and reclamation, 1 1 1 Coastal Commission. 106, 735 corrective actions, 11 1 Dam Safety Division, 106 Department of Conservation, 106 Department of Fish and Game, 107, 686 Department of Health Services (DOHS), 106 design standards and performance standards, 109 Division of Mines and Geology, 106 enforcement, 1 13 financial assurances, 112 hazardous waste control law, 106 inspection, 1 1 3 Integrated Waste Management Board, 106 monitoring requirements, 1 10 Porter-Colognc Water Quality Act, 106 procedures, 107 regional water quality control hoards, 106 report o f waste discharge, 107 SMARA, 112 state geologist, 1 08 State Mining and Geology Board, 106 state permits required, 107 Slate Resource Agency. 106 State Water Resources Control Board, 106 Subchapter 15 program, 107 Surface Mining and Reclamation Act of 1975 (SMARA), I06 Toxic Pits Cleanup Act of 1984 (TPCA), 106 California Coastal Commission, 106, 735 California Coastal Commission I?. Granite Rock Co., 735 California Debris Commission, 17 California Department of Mines and Geology, 684 California Environmental Quality Act (CEQA), 357, 547 California Mining Association, 29 California State Water Resources Control Board, 685 Caminetti Bill, 17 Canton, S.P., 324

769

Canyon Resources Corporation, 523 Capital cost expenditures, 638 Carbon dioxide, 169, 171, 581 Carbon monoxide K O ) , 169, 3 17 Carbonate minerals. 606 Categorical excrnptions. 48 Causes of land use effects. I77 Cavern, 526 Cavity stabilization, 533 Central environmental agency, 101 CEQ, 46 rules, 47 CERCLA (or Superfund), 73 CERCLA mining problems, 74 acid mine drainage, 74 polychlorinated biphenyls (PCBs), 74 soil contamination, 74 tailings, 74 CERCLIS, 77 Certificates of deposit, 647 Chadwick, J.W., 324 Chalcopyrite, 683 Characteristics, 8 1 Chemical extraction, 172 Chemical process mines, 7 13 Chemical treatment and costs. 609 Chile. 671 China. 674 Chlorides, 526 Chlorofluoro-carbons, 171 Chronicle of Philanthropy, 7 I8 Citizen suits. 65, 70, 85 City and Borough oP Juneau (CBJ). 704, 706 Civil enforcement, 84 Civil Penalty Policy (RCPP), 392 Claims resolution, 394 Clark. W.J., 348 Classified mill tailings. 443 Clay liners. 424 Clean Air Act, 2, 13. SO, 51 I . 630, 728. 738 Clean Air Act Amendments of 1990 ICAAA), 633. 734, 741 Clean closure. 521 Clean Water Act, 2. 66, 352, 358, 392, 5 1 1 , 707, 738 Cleanup standards. 78 applicable and relevanl and appropriate requirements, 78 Closure and post-closure, 176, 388, 639, 649 final closure plan, 388 ongoing monitoring, 388 planning, 102, 521 post-closure maintenance and release, 388 preliminary closure plan, 388 Closure and reclamation controls, 103 interface over federally owned lands, 114 local and county requirements, 114 Coal, 569 preparation, 570 refuse disposaf , 57 1 surface mining, 569 underground mining, 570 water resources, 582

770

INDEX

Coal, environmental considerations, 580 carbon dioxide, 581 nitrogen emissions, 581 organic compounds, 582 particulates, 581 sulfur emissions, 581 trace elements, 582 Coal mitigation, 586 Coal reclamation, 591 enhancements, 59.5 irrigation, 594 reclamation success, 596 revegetation, 593 seed bed preparation, 593 surface grading and shaping, 592 Coal wastes, 583 Coal water treatment, 589 conventional lime, 589 electrocoagulation, 589 high density sludge, 589 passive treatment, 589 Colloid, 607 Colorado, 747 Department of Natural Resources, 687 Department of Public Health and Environment, 722, 724,745 Mined Land Reclamation Act, 728 Mineral Belt, 601 Water Quality Control Division (WQCD), 690 Column tests, 585 Comments, 50 Commercial processing, 305 chemical dissolution, 307 direct shipping ore, 305 physical beneficiation, 306 simple upgrading, 305 Commissioning and start-up, 387 Common law, 40 Community equivalent noise levels, 339 Community relations, 519 Completeness review, 576 Complex environmental permitting, 640 Compliance costs, 638 Compliance program, 354 Compliance tests, 500 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), 2, 3, 40, 73, 31 1, 392, 522, 686 Comprehensive planning, 196 Compressed Air Energy Storage (CAES), 528 Conceptual engineering, 387 Concurrent reclamation, 521 Conditionally exempt small quantity generators, 82 Conductivity, 346 Cones of depression, 166 Conformance testing, 500 Congruent dissolution, 606 Conklin, Jr., D.J.. 324 Connecticut, 747 Conrad, G.E., 99 Consolidation, 472

Construction considerations, 627 management, 416 management and inspection, 387, 41 6 quality assurance (CQA), 497 Consumptive use, 541 Contaminant, 75 Contingent valuation method, 739 Continuous emission monitors (CEMs), 399, 400 Contracts preparation and administration, 41 5 Coordinated review process, 102 Cope, L.W., 545, 564 Copper, 535 Coprecipitation, 607 Corps of Engineers (see “U.S. Army Corps of Engineers”) Corrective action, 84 Corrosion. 603 Cost items, 638 Council on Environmental Quality (CEQ), 340, 366, 367 County planning board, 107 Court decisions, 43 Cowan, J., 73 Cox, A.D., 333 Cravotta 111, C.A., 582 Criminal enforcement, 85 Criminal violations, air quality, 65 Critical habitat, 349 Crooked Creek, Alaska. 561 Cropsy Creek, Colorado, 694 Cross Mine, Colorado, 723 Cross valley tailings, 435 Crushed rock veneer, 700 Cultural resources, 178, 267, 331 affected community and economic resources, 180 causes of competition and conflict, 180 competition and conflicts, 180 mining’s effects on community and economic resources, 181 mitigation and treatment of impacts, 269 resource identification and importance, 268, 269 Cumulative impacts, 49 Cyanide, 153 Cyclones, 435 Cyprus Amax Minerals Company, 524

D Dale, J.T., 255 Dam safety, 477 Damage, 182 airblast, 183 blasting, I82 flyrock, 182 ground vibrations, 182 Dangeard, A.L., 662 Danni, J.L., 718 Davis, T.E., 119 Decant towers, 438 Decker Coal Mine. Montana, 733

INDEX

Definitions of hazardous waste and solid waste (RCRA), 80 Deformation of high dumps, 452 Degree of centralization, 101 Delaware, 747 Department of Agriculture, 21 Department of Technical Cooperation for Development (DTCD), 725 Department of the Interior, 21 Department of the Interior, Bureau of Land Management, 559 Dcrived-from rule (RCRA), 81 Desautels, J.H.. 168 Desert tortoise, 350 Design components, 625 Designation of federal lands as unsuitable for mining, 89 Detailed engineering, 387 Deterministic (fixed parameter), 471 Development phase, 638 Development Policy Forum, 660 Differences in effects by type of mining operation, 182 Direct sale system, 87 Discharges of mine watedacid drainage, 67 Dispersion and diffusion. 542 Disposal, 83, 721 Diversion structures. 472 Diversions. 478 Dollar value cost, 636 Dolomite, 583 Draft EIS, 49 Draindown. 478 Dredge and fill material permit progradwetlands, 67, 71. 744 jurisdiction, 71 Dredge mining, 553 Drill seeding, 594 Drip irrigation, 699 Drozd, M.A.. 599 Due diligence, 513 Dump design guidelines, 453 internal failure, 460 risk-based approach, 455 stability analyses, 458 Dump leach facilities. 465 Dump leaching, 464 Dutton, R., 340 Dwyer, R.T.. 726 Dynamic test, 585 Dynamic stability evaluations, 440

Eagle Mint?, Colorado, 724, 729 Early, R., 654 Earthwork quality control, 499 Eastern Oregon Mining Association (EOMA), 710 Echo Bay Alaska, Inc., 704 Economic benefits, 636 feasibility, 631

771

impacts, 630 statistics, 631 Effects of climate, 453 Effects of mining on vegetation, 141 abiotic factors, 143 biotic factors, 144 case histories, 145 changes in communities, 142 early successional species, 143 edaphic factors, 144 erosion, 141 landscape factors, 144 succession, 142 toxicities, 141 Effects of partial submergence, 449 Effects on the air, 255 area and fugitive emission units, 255 control of radon and radon progeny in underground mines. 261 effectiveness and cost, 261 overview of control options, 255 specific point and mobile sources, 258 Efflorescent salts, 685 Effluent limits, 67, 68, 237 Eh-pH, 346, 537, 607 EIS procedures, content, and schedule, 363 EISIEA preparation, 367 Electrocoagulation, 589 Electrodialysis, 537, 543 Electrowinning, 536 Embankment drains, 438 Emergency Planning and Community Right-to-Know Act (EPCRA), 742 Emission control system, 400 Emissions from surface mining, 171 ancillary activities, 172 mining activities. 171 processing activities, 172 transportation activities, 172 Emissions from underground mining, 172 surface operations, 172 underground operations, 173 Employee training, 5 15 End-dumping, 449 Endangered Species Act (ESA), 357, 512, 742 Enforccmcnt, 42, 70, 73 Engineering for permitting, 382 coordinating design and procurement, 387 coordinating engineering, 383 design requirements, 387 role of the engineer, 382 Enhancements, reclamation, 595 Environmental assessment (EA), 48, 367, 370, 517, 529, 737 auditing, 513 case studies, 681 compliance audits, 744 compliance costs, 737 compliance process, 736 conditions, 309 control, 99

772

INDEX

Environmental ( c o w . ) Defense Fund, 727 engineering design, 420 future, 725 impact analyses, 600 impact statement (EIS), 367, 370, 519, 706, 737 impact statement process, 363 Impact Report (EIR), 109. 357 issues in mining, 725 management cycle, 5 17 organizations, 522 permits and approvals, 355 permitting, 283 Protection Agency (see “U.S. Environmental Protection Agency”) Quality Act, 108 regulation, 723 Environmentalism, 11 Environmentalists, 19 Environmentally Sensitive Areas, 742 EP Toxicity test, 290 EPA method 1310, 1311, 1312, 290 Erosion and sediment control, 453 Erosion, causes of lack of vegetation, 137 mining/construction practices, 137 steep slopes, 137 uncontrolled runoff, 137 Erosion, effects on exposed bedrock, 137 mine wastes, 136 process, 136 soil, 136 Erosion, types of deflation, I38 gully erosion, 138 rill erosion, 138 Sediment deposition, 138 sheet, 138 Escrow account, 652 Erosional stability, 472 Erwin, T.P., 44 Euclidian zoning, 734 European Union, 735 Evapotranspiration, 482 Excursion correction, 540 Excursion monitoring, 539 Excursions, 532 Executive orders, 44, 102 Existence value, 394 Exploration permit, 638 Extraction of large bulk mineral samples, 48

Facilities layout, 469, 625 Facility, 75 Factor of safety, 462, 468, 474 Failure database, 453

Failure modes, 453 Failure planes, 474 Failure runout, 462 Fairbanks Creek, Alaska, 561 Fast-track projects, 387 Federal, 21, 38 Federal action, 47 Federal Clean Air Act, 169 Federal Clean Air Act Amendments of 1990, 739 Federal Endangered Species Act, 348 Federal environmental agencies, 41 Federal Land Policy and Management Act of 1976, 360, 646, 730, 731 Federal lands, 727 Federal Mine Safety and Health Act, 579 Federal mining legislation, 9 Federal New Source Review, 317 Federal Onshore Oil and Gas Leasing Reform Act of 1987 647 Federal Solid Waste Act, 727 Federal Spill Prevention Control and Counter-Measures Plan, 358 Federal statutes and regulations, 45 Federal Water Pollution Control Act, 728, 743 Federal Water Quality Act of 1987, 741 Fejes, A.J., 184 Feldspars, 606 Ferric iron, 607 Ferric oxyhydroxide, 151, 603. 604, 606. 607 Ferrihydrite, 607 Ferrous iron, 604, 607 Fertilization, 594 Field seams, 504 Filas, B.A., 569, 687 Filipek, L.H., 583 Fills, 139 overburden and mine wastes, 139 process wastes, 140 Filter-and-screen, 644 Filtration, 536 Final EIS, 49 Financial assurance, 550, 642 Financial assurance instruments, 650 escrow accounts. 652 insurancc, 651 life of project. 652 phased bonding, 652 self-guarantees, 651 surety bonds. 65 1 standby letters of credit, 651 statewide and/or blanket guarantee, 652 Financial assurance release, 653 project bond, 653 Financial obligations, 389 Finding of no significant impact (FONSI), 48 Fine particulate emissions, 701 Finkelman, R.B., 580 Fischer, W.G., 526 Fish and Wildlife Service (F&WS), 21, 743 Fish sampling, 328 Floating barge systems, 438

INDEX Flocculate, 607 Flood discharge, 482 Florczak, J.E., 654 Florida, 748 Flotation, 172 Flotation mills, 713 Flow regime. 326 Flows from mineral wastes, 67 Fluvia1 geomorphoiogy, I57 Fly ash. 590 Flyrock, 271, 329 Foreman, S., 351 Forest Service (FS), 21, 578. 728, 737 Forest Service lands, 89 Format for an EIS. 49 Foundation settlement, 472 Fugitive dust emissions. 53, 58 area sources, 59, 60 fugitive emissions, 58 generally available control technologies or management practices (GACT), 60 hazardous air pollutants, 59 major source, 59 maximum achievable control technology, 51, 59 modification, 60 residuai risk, 59 Fugitive emissions, 58

G Galactic. 687 Gardner, C.R., 119 Garrett, B.. 350 Gastineau Channel, Alaska, 708 General air permitting, 62 aggregate permit, 63 annual permits fees, 62 citizen suit provisions, 65 criminal violalions, 65 enforcement, 64 operational flexibility, 63 permit shield, 63-64 responsible corporate official, 62 General economic effects, 631 General environmental policics in statutes policies, 50 General Mining Law of 1872, 721 Generally available control technologies or management practices (GACT). 60 Generator (RCRA), 75 Geochemical computer codes, 606 Geochemical testing, 288 program, 290 Geochemical testing program, 290 Geological Survey, 22 Geology baseline, 333 ore deposit characterization, 334 physical soils characterization, 334 seismicity evaluations, 334 Geomembrane liners, 426

Geomorphology, 198 Georgia, 748 Geotechnical analyses, 440 Geotechnical characterization, 293 characteristics of waste, 293 geosynthetics, 300 site characteristics, 296 Geothite, 151, 607 Gilbert, A.J., 38 Gob, 583 Gormiey, J.T.,687 Gossan, 684 Government plaintiffs, 76 Governors Mining Work Group (GMWG), 710 Governmental relations, 5 19 Grassy Mountain Project, Oregon. 71 1 Gravity separation, 172 Green mail, 639 Greenhouse effect, 170 Greens Creek, 738 Greigjte. 583 Griffith, R.L., 66 Gross parameters, 338 Ground attenuation, 339 Ground vibration, 329 Groundwater, 335, 537 aquifer storage baseline studies, 337 direct flow baseline studies, 336 indirect flow baseline studies, 336 sampling frequency, 337 sensitivity characterization, 338 water quality sampling, 337 Groundwater depletion, 166 Groundwater inflow, 484 Groundwater quality, 162, 248 adsorption, 253 altered and new water flow paths, 162 AMD prevention. 251 backfilled pits, I63 biodegradation. 253 biological modification, 250 borcholes, 168 changes in the hydrologic system, 162 chemical control, 249 clay liners, 248 containment. 248 dilution, 253 enhanced biodegradation, 252 generation control, 248 geochemical barriers. 162 hydraulic control. 250 hydrodynamic containment. 249 immobilization, 249 in siru mining, 165, 167 in siru treatment, 252 increased exposed surface area, 162 injection and withdrawal of water, 249 ion exchange, 253 leaching prevention, 252 membranes, 248 modification of contaminant, 250

773

774

INDEX

Groundwater quality (conr.) natural treatment, 253-254 neutralization, 250, 252, 253 oxidation, 252 oxidation of materials. 162 oxidationlreduction. 250 pathway control, 248 physical control, 249 point of egress of groundwater, 254 point of extraction of groundwater, 254 protectionlisolation, 254 pump and treat, 252 receptor control. 248 remediation at point of impact, 253 removal, 251 removal of contaminated material from site, 25 1 reprocessing to remove contaminants, 251 restoration, 534, 537, 541 slurry walls, 248 source control, 248 system. 301 sweep, 542 tailings and tailings ponds, 165 treatment prior to use, 254 undcrgruund reclamation, 167 underground workings, 163, 167 volatilization, 250 waste disposal, 165 Groundwater quantity, 165, 244 open-pit operations, 166 open-pit reclamation, 166 Group A wastes, 109 GIoup B wastes, 109 Group C wastes, 109 Guidance documents, 44 Guidance Manual. 743 Guidelines, 47 Gypsum, 606

Heap and dump leach design, 463 Heap leach pad liner, 421 Heap leach pads, 465 Heap leaching, 464 Heat welded seams, 504 Heavy media separation, 571 Heavy minerals, 548 Heavy metals, 601, 607, 608 Hedonic price method, 739 Helm, D., 140 Henderson. M.E.. 463 Heterogeneous hydrogealogy, 301 High density polyethylene (HDPE), 470 High density sludge, 589 Historians, 179 Historical development, 86 Hlinko. M.J., 496 Homogeneous hydrogcology, 301 Hornet mine, 684 House Bill 2244 (HB 2244), 710 Hrebar. M.J., 190, 197 Humidity cell tests, 292, 585 Hydrated borates of calcium, 526 Hydrated borates of sodium, 526 Hydraulic fracturing. 529 Hydraulic gold-mining. 13 Hydrofacing, 529 Hydrogen ion activity, 603 Hydrogeviogical characterization, 300 Hydrologic analyses, 439 effects, 221 evaluation of landfill performance, 482 functions, 352 Hydrometeorological reports, 48 1 Hydroseeding, 594 Hydrostatic lifting effect, 526 Hypalon. 504

Habitat conservation plan (HCP), 357 Habitat enhancement, 394 Habitat typing. 326 Halite, 526 Hames, M.. 382, 413 Hardness, 346 Harmon, CJ., 730 Harvey, B.F., 180 Hassinger, B.W., 136 Hazard Ranking System, CERCLA, 75 Hazardous air pollutants, 51, 52, 59, 169, 740 National Emission Standards for Hazardous Air Pollutants (NESHAPs), 52 Hazardous and Solid Waste Amendments. 79 Hazardous substance, CERCLA, 75, 392 Hazardous waste lists, 81 Hcad ore, 305 Health and safety, 515

ICI Americas, 687 Idaho, 748 Idarado Mine, Colorado, 722, 724, 729 Illinois, 748 Impoundments, 580 In-situ leaching (ISL), 534 Incongruently, 606 Increment. 51 India, 674 Indiana, 748 Indicator parameters, 396 Indigenous groups, 178 Indonesia, 675 Infiltration basins, 233 Inflow design flood (LDF), 48 1 Injection, 543 Insurance, 65 I Inter-American Development Bank, 736

Interdisciplinary team, 5 18 Interim status. 83 Interior Board of Land Appeal, 354 International Monetary Fund, 736 International Requirements and Standards. 735 Interstate Mining Compact Commission (IMC), 10 Invertebrate sampling, 328 Ion exchange, 542, 543 Iowa, 748 Iron, 601, 604 Iron/Aluminum, 607 Iron Mountain Mine, California, 601. 681, 684, 729 Irrigation, 217, 594 IRS regulation, 633 ISL plants, 536

Jarosite, 15 1, 604 Johnson, J.M., 412, 428 Johnson, K.,I50 Johnson. S.W.. 149 Joint and several, 75 Judicial review of agency decisions, 42 Judicially created exemptions, 48 Juneau, Alaska, 704, 738 Jurisdiction, 67 Scope of federal CWA controls over surface waters, 67

K Kansas. 748 Keith. T.. 174 Kennecott Corporation, 738 Kent, A , , 444 Kentucky, 748 Keppler, P., 71 8, 735, 742, 744, 745 Keswick Reservoir, 686 Kinetic tests, 585 Kirby, F.E., 267 Kleinrnann, R.L.P., 237 Krause. A.J.. 618 Kreps, J.. 345 Kuestermeyer, A.L., 670 Kuroko type, 683

L Lakes, 336 Laman, J.T.. 526, 534 Land disposal restrictions, 84 Land surface effects, 190. 132 erosion, 136 fills, 139 Land use, 177

affected resource, 177 causes of effects, 177 effects of mining, 178 Land use effects of mining, 178 Land use planning, 89 Landfill classification, 619 mass wasting, 138 overburden, 135 soils, 134 subsidence, 133 topography, 132 Landfills, 61 8 Landscape reconstruction, 198 backfilling, 199 external dumps, 199 grading and shaping, 200 highwall reduction. 200 hillslopes, 199 soils and overburden, 205 surface manipulations, 203 Large quantity generators. 82 Larkin, R., 363 Larson, M.C., 733 Lateral drilling, 529 Law, 38 Lead P b ) , 169, 317 Lead agency, 102 Lead sulfate, 152 Leak detection, 530 Leasable minerals, 89 Leasing system, 87 Legislaturs. 19 Leshendok. T., 365 Letters of credit, 647 Levy, L.E.. 340 Licari, B., 388 Life of project financial guarantees, 652 Lift construction, 449 Lift thickness. 45 I Lime treatment, conventional, 589 Limit equilihrium analyses, 460 Linear low density polyethylene. 504 Linear transects, 35 1 Liner design, 421, 469 definition, 421 Liquefaction, 440, 558 Lixiviants, 165, 535 wastes, 536 Loading rate, 452 Lobbying, 514 Local hydrology, 478 Locatable minerals, 88, 89 Location system, 87 Long-term monitoring, 541 Longwall mining, 570 Louisiana, 748 LOWdensity polyethylene (VLDPE), 470 Lowest achievable emission rate, 51, 55 Lowrie, R.L., 190 Lynott, W.J., 115

776

INDEX

Maastricht Treaty, 664 Macroinvertebrates, 326 Magnetic separation, 172 Maine, 748 Major ions, 338 Major modification, 55, 57, 399 Major source. 51. 55, 57, 59, 399 Malaysia, 675 Malhotra, D.,573, 659 Manufacturer's quality control program, 502 field seams, 504 seam continuity testing, 504 seam slrength testing, 504 Marcasite, 583, 604 Marcus, J.J., 1, 9 Martin, M.E., 704, 736 Maryland. 749 Mass wasting, effects on, 138 mine and process wastes, 139 soil, 138 Massive sulfides, 683 Materials Act of 1947, 730 Materials characterization, 484 Maximom achievable control technology (MACT), 5 1, 59, 632, 740 Maximum permissihlc limits (MPLs), 609 Maximum potential acidity (MPA), 290, 584 McAdoo, J.K..374 McClelland, G.E., 304 McDonald, L.A., 704 McLean, C.A., 545 Meandering channel, 157 Mechanical filter, 43 1 Media affected by mass wasting, 138 Media attitude, 402 Memoranda of agreement, 102 Memorandum of Understanding (MOU), 356, 365, 714 Mercury in mining, 564 Metal loads, 608 Metals, 338 Meteoric precipitation, 599 Methane, 169, 171 Mexico, 672

Michigan, 749 Microinvertehrates. 326, 702 Microorganisms, 1 4 4 Migratory Bird Treaty Act, 97 Miller, G.C., 725 Miller, Z.C., 50 Mine drainage mineral, 607 Mine drainage systems, 237 Mine expansion, 521 Mine operations, 520 Mine plan, 102 Mine project development, 518 baseline data collection, 518 community relations, 5 19 governmental relations, 5 19

permit application processing. 518 project design, SIX regulatory agency relations. 5 19 Mine rock disposal site conditions, 448 Mine rock quality, 449 Mine waste, 305 Mine Waste Task Force (MWTF), 130 Mine water treatment, 237 chemical treatment, 237 passive treatment, 238 Mined Land Reclamation Act of 1993, 697 Mineral extraction, 727 Mineral Lands Leasing Act, 730 Mineral Leasing Act of 1920, 645 Mineral Policy Center (Clementine). 27 Minimization of subsidence damage, 194 backfilling, 194 control of land use/development, 197 coordination of surface/underground development, 197 effectiveness of the techniques, 197 extraction rate, 195 harmonious mining, 194 location, 195 mine layout or configuration, 195 modification of existing structures, 196 orientation, 195 partial mining, 194 remedial and restorative measures, 196 subsidence-resistant construction, 195 Mining activities, 5 2 Mining and the Environment, 660 Mining district rules, 731 Mining Environmental Neutral Drainage (MEND), 600 Mining-influenced-waters. 599, 603 alkalinity, 604 chemical treatment and costs, 609 neutralization, 604 pH, acidity and alkalinity, 603 sulfide mineral oxidation, 604 turbidity and suspended matter. 609 Mining Law of 1866, 731 Mining Law of 1872, 9, 407, 645. 726, 728, 731 Mining methods, 190 area, 191 contour. 191 open pit, 190 placer, 191 quarry, 190 Mining waste, 721 Mining problems, 88 Minnesota, 749 Minnesota's mining regulations, 1 15 agency permitting and enforcement decisions. 118 closure and post closure care, 117, 119 compliance verification, I 18 emergency response, 117 enforcement, 118 environmental regulation of mining, 115 cnvirunmental review, 118 environmental standards and criteria, I 18

INDEX

Minnesota's mining regulations (cont.) financial assurances, 119 Mineland Reclamation Act, 1 15 permits, 116 air emissions permit, 117 appropriations permit, 116 dam safety permit, 116 hazardous waste facility permit, 117 mineland reclamation permit, 16 National Pollutant Discharge Elimination System Permit (NPDES), 116 protected waters permit, 116 solid waste management facility permit, 117 State Disposal System (SDS) Permit, 117 tanks permit, 117 pollution control agency law, 116 pollution control agency (MPCA), 115 rules, 116 water pollution control law, 116 water resources conservation law, 116 Mississippi, 749 Missouri, 749 Mitchell, P., 354 Mitigation and abatement, 192, 3 14 backfilling, 192 blasting, 192 deep foundations, 192 excavation and fill placement, 192 grout columns, 192 groutcase supports, 194 grouting, 192 piers and cribs, 192 Mitigation of the effects of blasting, 270 airblast, 274 blast vibrations, 27 1 causes of flyrock, 271 controlling blast vibrations, 273 controlling flyrock originating from the bench face, 271 control of airblast, 275 dust and gases, 276 generation of airblast, 274 propagation of blast vibration, 272 propagation of airblast, 274 Mixture rule, 81 Modeling, 632, 633 erosion, 203 Modification, 60 Monitor wells, 529 Monitoring costs, 558 Monitoring requirements, 395 construction and start-up, 395 operation and reclamation, 396 post-closure phase, 398 Monofills, 621 Montana, 749 Monthly water balance, 489 Moore, R.T., 145, 217 Mote, K.W., 405

777

Mountain Copper Company, 684 Mountain Mining Company, Ltd., 684 Mountain top removal, 191 Mulch, 594 Multi-agency reviews, 102 Multiple Use Act of 1955, 730 Munshower, F.F., 205 Murray, J.A., 630 Mycorrhizae, 143

Nahcolite. 526 National Academy of Sciences, 166, 743 National ambient air quality standards, 50, 53, 169, 317, 699, 739 National contingency plan, 76 National Environmental Policy Act of 1969 (NEPA), 13, 44, 317, 357, 405, 511, 547, 736 National Emission Standards for Hazardous Air Pollutants (NESHAPs), 52 National Forest System, 730 National Historic Preservation Act, 97, 331, 578 National Mining Association. 28, 720 National Oceanic and Atmospheric Administration (NOAA), 577 National Park Service (NPS), 21 National Pollution Discharge Elimination System (NPDES), 66, 548, 707, 738 National priorities list, 75, 77, 311, 690, 724 National Register of Historic Places, 269, 33 1 National Stone Association, 29 National Weather Service, 481 National Wetland Inventory (NWI) maps, 352 Native American Graves Protection and Repatriation Act, 331 Native corporations, 707 Native groups, 178 Native Plants Society, 71 1 Natural coalescence, 529 Natural resources, 392 Natural resources damages, CERCLA, 79 Natural restoration processes, 542 Nebraska, 749 Negative declaration, NEPA, 109 Nephelometric turbidity units (NTU), 150 Neutralization, 585, 603, 604 Nevada, 749 New Cornelia Branch, 698 New Hampshire, 749 New Jersey, 749 New Mexico, 750 New York, 750 New source performance standards, 632 New source review, 51 best available control technology (BACT), 51, 57, 58, 469, 632, 712 increment, 51 lowest achievable emission rate (LAER), 51, 55

778

INDEX

New source review (cont.) major source, 51 Ncwman, E.P., 90 NIMBY (not in my backyard), 23, 180 Njtrogcn oxides, 317, 581, 740 Nitrous oxides. 169 No. 8 mine, 684 Noise, 338 Noise impacts, 339 Noise pollution. 95 Nonattainment areas, 3 18 Nonattainment program, 55. 739 Nordstrom, D.K., 68 1 Normal precipitation, 479 Normal runoff, 482 North American Free Trade Agreement, 735 North Carolina, 750 North Carolina's Mining Regulations, 1 19 closure and post closure requirements. 121 compliance verification (Monitoring), 12 1 corrective action programs. 121 Department of Environment, Health, and Natural Resources. 120 Department of Transportation, 121 Division of Archives and History, 121 Division of Coastal Management, 120 Division of Environmental Management, 120 Division of Parks and Recreation, 120 Division of Solid Waste Management. 120 environmental standards and criteria, I21 financial responsibility and liability, I21 North Carolina Mining Act of 1971 (Act), North Carolina General Statute 74, Article 7, 119 North CaroIina Mining Commission. 120 North Carolina Wildlife Resources Commission, 120 program implementation and enforcement, 120 regulatory coverage, 120 U.S. Army Corps of Engineers, 121 North Dakota, 750 Northern spotted owl. 742 Northwest Mining Association (NWMA), 710 Notice-of-Intent, 737 Notice of Violation (NOV), 393 NPDES permit program, 6S biological monitoring, 6S effluent limitations, 68 point source, 68 self-monitoring requirements. 68

O'Connor, P.V., 348

O'Hcarn, J., 221 Observational method, 444 Off-site mitigation, 394 Office of General Counsel, U.S. Forest Service, 354 Office of Surface Mining (OSM), 21, 571, 728

Office of the Solicitor. Interior Department, 354 Offset, 55 Ohio, 750 Oil spill legislation, 96 Oklahoma, 750 Old Mine, 684 Olive Creek, Alaska, 562 Operating permit program, 52 Operation environmental management [unctions, 51 2 audit. 5 I3 due diligence, 513 fatal flaw analysis, 513 health and safety, 515 lobbying, 514 permitting. 514 reclamation and remediation. 5 15 rcgulatory and legal compliance, 514 technical investigations and analyses, 5 14 Operational environmental monitoring, 396 Operational flexibility, 63 Operational monitoring, 463 Operational monitoring plan, 102 Operational phase, 639 Operations environmental management, 510 Ordinary high water mark, 353 Oregon, 710, 750 Oregon Department of Environmental Quality (ODEQ), 71 I Oregon Department of Fish & Wildlife (ODFW), 71 1 Oregon Department of Geology and Mineral Industries (DOGAMI), 710 Oregon Department of Water Resources. 710 Oregon Natural Resources Council (ONRC), 7 11 Oregon Mining Council (OMC), 710 Organic compounds, 582. 740 Organics, 338 Original contour, 578 Orpiment, 607 Other Asian countries, 675 Ouray, Colorado, 722. 723 Outliers. 538 Overburden, 135 Oxidation potential. 152 Oxyhydroxysulfate. 607 Ozone (O,), 317

Pandora Millsite, Colorado, 729 Papua New Guinea, 675 Parameter selection, 46 I Parrish. C.H., 510 Particle size andyses, 699 Particulate matter, 54, 169, 3 17, 58 1 Passive treatment of coal waters, 589 Paste fills. 443 Pathway control, 252 PCB regulation, 9 I PCB transformers and capacitors, 93

INDEX Pedogenic effects, 134 Pendleton, J.A., 263 Pennsylvania, 750 Performance tests, 500 Period of economic impact, 634 Permit acquisition, 638 Permit application processing, 5 18 Permit block, 102 Permit review programs, 639 Permit shield, 63-64, 741 Permitting, 514, 705 Permitting, placer operations, 547 Permitting risks, 309 Permitting strategy, 358 authority for permit denial, 362 controversial projects, 362 defining project scope, 361 fatal flaws. 362 key players, 359 permitting schedule, 362 project-specific issues, 358 project team selection, 360 regulatory atmosphere, 359 updating permitting strategy, 363 when to initiate permitting, 360 Permitting team, 284 communicationslpublic involvement specialist, 28 6 engineering specialists. 285 environmental coordinatorlpermitting specialist, 285 environmental resource specialists, 285 explorationist, 284 legal counsel, 285 political involvement specialist (lobbyist), 286 project manager. 284 project metallurgist, 285 regulatory community, 286 Perseverance Mine. Alaska, 704 Peru, 672 Petroleum exclusion, 75 pH, 346, 601. 603 Phased bond, 390 Phased release, 653 Phelps Dodge Corporation, 698, 704 Phelps, R.W., 642, 650 Philippines, 669 Phytotoxic metals. 216 Pirner, S.M.. 122 Pitschel, E.O., 669 Placer Act of 1870, 73 I Placer effluents, 559 Placer mining, 545 Placer mining reclamation, 550 Placer operations, 713 Plan of operations, 360, 737 Planning and zoning power, 733 Plans of operation, 47 Plant wash down, 537 Playing field, 632 PM,, non-attainment, 56, 740

PM,, standard, 169, 701 Point source dust emissions, 53 Point source, water pol!ution, 68 Poisson distribution, 496 Policy Dialogue Committee, 727 Political involvement, 405 Pollutant, 75 Pollution Prevention Act of 1990. 745 Polychlorinated Biphenyls (PCBs), 74, 3 11 Polycyclic aromatic hydrocarbons. 582 Polyethylene oxide (PEO), 560 Polyvinyl chloride (PVC), 470 Pore volume, 543 Porter-Cologne Water Quality Act, 107, 109, 111-1 13 Post closure, 388, 522 Post-closure or reclamation plan, 102 Post mining, 176 Potash, 526 Potential environmental impacts, 397 Potential to emit, 55 Potentially responsible parties (CERCLA), 75, 690 Power failure. 478 Pre-exploration due diligence. 638 Precipitation, 482, 536 Predicting postmining water quality, 243 Pregnant solution pond liner, 421 Preliminary assessment, 77 Premining data. 538 Prevention of significant deterioration (PSD) program, 57. 321. 738 additional impacts, 58 air quality monitoring, 57 baseline concentration. 57 best available control technology (BACT). 51, 57. 58, 469, 632, 712 increments, 57 major modification, 57 major sources, 57 source impact analysis, 57 Primary NAAQS, 54. 169, 631 Primary settlement. 472 Printed materials, 403 Private plaintiffs, 76 Probabilistic (variable parameter), 471 Probabilistic water balance, 493 Probable maximum flood (PMF), 48 1 Procedural requirements of laws, 46 Procedures for the environmental assessment and EIS processes. 48 Process waste streams, 305 Process wastes, 304 Procurement. 387, 41 5 Project cost, 638 Project definition and permitting, 384 coordinating design and procurement, 387 design requirements, 387 Project impacts, 371 evaluating project alternatives, 372 impact assessment, 373 integrating environmental data, 371 mitigation, 373

779

780

INDEX

Proponent directed activities, 367 Protection of archaeological and paleontological resources on federal lands, 89 Public awareness, 71 8 Public domain, 86 Public land management, 732 Public Land Law Review Commission (PLLRC), 73 1 Public land laws, 86 Public meetings, 402 Public participation, 46 Public, press and government relations, 402, 5 15 Public relations and communications, 401 Public review process. 109 Pure Live Seed (PLS), 209 Pyrite, pyrrohite, marcasite, 583, 604

Q Quality assurance (QA). 496, 497, 558 Quality, 496 purpose, 497 Quality control (QC), 497, 558

Radionuclides, 338 Rate-limiting reaction, 604 Rational method, 484 RCRA, 1. 79 RCRA permit applications, 83 RCRA. subtitle C program, I I 1 Realgar, 607 Reasonably available control measures (BACM), 56 Reasonably available control technology (RACT), 56,632,740 Recharge, 165 Kecharge modification, 247 artificial infiltration, 247 avoid surface changes, 247 avoid surface sealing, 247 minimize tailings areas, 247 pond lining punctunng, 247 reduce waste volume, 247 surface contouring, 247 Reclamation, 197, 375, 515, 521 concurrent reclamation, 375 considerations, 376 contents, 376 finai reclamation, 375 general site conditions, 376 interim reclamation, 375 land use goals, 376 management control, 515 monitoring, 381 objectiveslstandardshiteria, 377 planning, 374 procedures, 379

rationale, 375 Recommendation or report on (NEPA). 46 Record of decision (CERCLA), 78, 686, 707 Recycled materials, 746 Recycling legislation, 664 Reducing claim potential, 392 Refuse piles, 580 Regional Water Quality Control Board (RWQCB). 358, 685 Regulations, 44 Regulators, 19 Regulatory agency relations, 519 Regulatory definitions, 81 Regulatory outlook. other nations, 669 Bolivia, 670 Chile, 671 Philippines, 669 Regulatory requirements, 354 air quality, 358 endangered species, 357 land use permit, 356 NEPA and equivalent state laws, 357 regulatory and legal compliance, 5 14 water quality, 358 wilderness study areas, 358 Rehabilitation, 197 Release (CERCLA), 75 Release criteria, 653 Reliability, 468 Remedial investigation (CERCLA), 685 Remedial investigationlfeasibility study (CERCLA), 77 Remedial technologies groundwater quality problems, 248 groundwater quantity problems. 244 Remining, 729 Removal action (CERCLA), 76, 77 Reporting, 515 Reprocessing, 729 Residual risk, 59 Resource Conservation and Recovery Act, 2, 13, 79, 392, 726 Response action (CERCLA), 75 Responsible corporate official, 62 Restitution for unavoidable impacts, 247 Restoration, 197 Restoration targets, 542 Revegetation, 593 Reverse osmosis, 537, 543 Revised Universal Soil Loss Equation (RUSLE), 203, 227 Reynolds Tunnet, 690 Rhode Island, 750 Rhone-Poulenc, 686 Richmond mine, 684 Rights-of-way, 47 Rights to minerals, 87 Ring dikes tailings impoundment, 435 Riparian, 325 Riparian vegetation, 326 Risk analysis dump design, 457, 468 Risk-based classification, dump design, 455 Risk management, 516 Rock drain evaluation. 449

Rock quality designation (RQD). 294 Rocky Mountain Mineral Law Foundation, 366 Rolling rock, 463 Room-and-pillar mining, 570 Rulemaking, 41 Runoff. 599 Rusanowski, P.C., 552 Russell, L., 367

s Sacramento River basin, 685 Safe Drinking Water Act, 531, 738 Salt domes, 527 Saltation, 698 Sampling and testing, 5 14 San Juan County, Colorado, 723 San Miguel County, Colorado, 722 Sawyer decision, 16 Seale. 176 Schafer, W., 395 Schedule delays, 639 Scheiner, B.J., 559 Schmiermund, R.L., 599 Schwarzkoph, W.F., 217 Schwertmannite, 607 Scoping, 48 Scorodite, 607 Seam continuity testing, 504 Seam strength testing, 504 Secondary NAAQS, 54, 169, 631 Secrest, C., 91 Secretary of Agriculture. 732 Secretary of the interior, 20, 732, 792 Section 404 of the Clean Water Act, 742 Sediment basins, 232 Sediment control systems, 225 channel habitat enhancement, 233 contour furrows, 229 cost, 236 cost effectiveness, 226 current deflectors, 234 erosion and sediment control measures, 229 filter fabric fences, 230 infiltration basins, 233 low profile dams, 235 mechanical surface modifications, 230 planning, 234 sediment basins, 232 sedimentology consideration, 227 stormwater design consideration, 227 stream habitat components, 234 strtlctures to enhance stream habitat, 234 swirl concentration, 233 vegetative filters, 232 terraces, 230 vegetation and mulches, 229 vegetalive filters, 232 Seeding and planting, 205

bed preparation, 593 broadcast seeding, 210 drill seeding, 210 legumes. 208 nontypical secdbed preparation, 206 plant parts, 212 plant species selection, 207 planting, 21 1 season of seeding, 210 seed mixes, 207 seed rates, 208 seed techniques. 210 seedbed preparatiodsurface manipulation, 206 special planting techniques. 212 standard farming techniques, 206 temporary stabilizing species, 208 whole plants, 211 Seepage analyses, 442 Segmentation, 47 Selenium, 607 Self evaluation privilege, 745 Self-monitoring, 68, 70 Settlable solids (SET), 150 Shake flask tests, 585 Sharma, S.K., 559 Sharp, L., 347 Shepherd, T.A.. 728 Sidehill tailings, 435 Siderite, 583 Siegel. J., 165 Sierra Club, 24 Silicates, 606 Silverton, Colorado, 723 Simons. D.B.,I56 potential channel response, 160 prediction of general channel pattern response to change, 159 Singh, M.M.,192 Single point dtscharge, 435 Siskind. D.E., 182, 270 Site characterization, 296 Site inspection, 77 Site selection, 622 Slope stability, 474 Slurrying, 546 Small quantity generators, 82 SMARA, 110, 112, 113 SMCRA permit, 572 Smith, A,, 287 Smith, M.E., 496 Snow, 481 Snowmelt. 478 Societal effects, 174, 263 Socio-cultural functions, 352 Socioeconomic assessment, 340 baseline economic data. 342 housing data requirements, 343 infrastructure data requirements, 343 quality-of-life effects, 341 Sodium sulfate, 526 Soil Conservation Service (SCS), 352, 578

782

INDEX

Soil contamination, 74 Soil Erodibility Index, 700 Soilloverburden amendments, 212 compost, 215 erosion control blanket, 215 fertilizers, 21 2 green manure, 21 5 manure, 215 mulches and organic amendments, 213 native hay, 215 nitrogen fertilization, 21 2 paper, 214 phosphorus fertilization, 213 potassium fertilization, 2 I3 sewage sludge. 216 straw, 214 wood residues, 214 Soil Conservation Service. 743 National Engineering Handbook, 223 Soils, 134 Soils baseline, 335 Solid ion exchange, 536 Solid Waste Act, 728 Solution gallery, 528 Solution Mine Wastes, 531 Solution mining, 184. 546 Solvent extraction. 536 Solvent welded seams, 504 Sorption, 607 Source control, 248, 745 Source impact analysis, 57 South Dakota. 122, 750 closure and pwsl closure requirements, 126 compliance verification, 124 corrective action programs, 127 Department of Environmental and Natural Resources, 122 environmental standards and crileria. 126 financial responsibility and liability. 127 mined land reclamation law. 122 program implementation and enforcement, I22 regdatory coverage, I22 state permits, 124 South Carolina. 750 Soxhlet reactors, S85 Special notice, 76 Specgle, L., 392 Sphalerite, 683 Spigot systems, 435 Spills and leaks, 540 Spoil stratigraphy, 450 Spoils and refuse, 571. 583 Spotts, R., 153 Springs, 336 Spude, R.L., 178 Stability analysis, 458 Standard engineering design, 420 Standard Industrial Code (SIC), 631 Standards for TSD facilities, 83 Standby letters of credit, 651 State CIimatoIogist Programs, 577

State Historic Preservation Office, 578 State environmental programs, 100 closure and reclamation controls, 103 enforcement, 104 financial assurances. 103 permitting, 102 standards setting, I03 State-federal allocation of responsibilities, 100 State Historic Preservation Officer (SHPU), 332 State implemenLation. 79 State implementation plans (SIPS), 50, 54. 103. 169. 704 State Iaw. 99 State regulatory programs, 127 Interstate Mining Compact Commission (MCC), 129 statement on, 46 Western Governors' Association, 129 Static analyses. 440 Static Ioads, 472 Statutes, 43 Statutory definitions, 80 Stauffer Chemical Company, 684 Steen, R.. 316, 399 Steep terrain, 460 Stock Raising Homestead Act of 1916, 645 Storage, 82 Storm events, 481 Storm runoff, 478 Storm water management plan, 742 Storm water NPDES permits, 7 1, 741 Strategic Petroleum Reserve (SPR), 528 Strawman proposals. I and 11, 648, 727 Stream form and classifications, 157 Streams, 336 Stress-strain analyses, 461 Strict liability, 75 Strip mining, 569 Struhsacker, D.W., 283, 358, 370 Subsidence, 133, 167, 184, 530, 579 bedded deposits, 184 hard-rock mining, 1x4 solution mining, 184 Subsidence controls, 192 Substrate composition, 326 Substrate development. 236 Sulfate, 601, 604 SulfatdArsenatc, 606 Sulfates of magnesium, 526 Sulfide minerals, 604 oxidation, 604 Sulfur oxides, 169, 317, 581 Summitville. Colorado, 6 Summitville ConsoIidated Mining Company. 687 Summitville Mine, 9, 687 Summitville Mining District, 690 Sunnyside Gold Corporation, 723 Superfund Amendment and Reauthorization Act (SARA), 5,392 Superfund (CERCLA), 73.522 Surety bonds, 646, 651 Surface creep, 698

INDEX Surface effects, 139 fills, 139 overburden and mine wastes, 139 process wastes, 140 Surface grading and scraping, 592 Surface management rules, 646 Surface Mining Control and Reclamation Act of 1977, 13, 511. 571, 645, 721, 727, 728 Surface Mining and Reclamation Act (SMARA), 107 Surface reclamation. 197 Surface water, 345 chemical parameters, 345 physical parameters, 345 quality assurance and control, 346 Surface water patterns, 156 braided channel, 157 continuum of channel patterns, I58 longitudinal profile, 158 meandering channel, 157 prediction of potential channel response, 160 qualitative response of stream systems. 158 straight channel, 157 Surface water quality; chemical effects, 150 acid mine drainage, 15 1 chemical leaching of metals, 151 consumption, 154 dewatering, 156 diversion, 154 flooding, 155 prucessing wastes, 152 runoff, 154 toxic effluents. 153 Surface water quality; sediments characteristics, 149 designated uses of waters, 150 hydrologic: regime, 149 mine land disturbance, 149 water quality criteciaktandards, I50 Surface water quantity, 153, 221, 225 collectiodconveyance channels, 222 design of channels, 222 diversion cbannels, 22 1 impoundments, 225 post-mining hydrologic restoration, 224 runoff, 221 Suspcndcd opcrations, 478 Suspensions, 607 Sustainable development. 660 Swirl concentrator, 233

Tabular hydrogeology, 301 Taggart, C.. 174 Tailings, 74, 601, 697 Tailings disposal design, 428 Tailings impoundment liner, 423 Tailings impoundments, 433, 699 cross valley, 435

783

ring dikes, 435 sidehill, 435 valley bottom, 435 Tailings slurry, 431 Take, 743 Technical adequacy review, 576 Technical investigations and analyses, 5 14 Technology based effluent standards, 67, 68 best available technology economically achievable (BAT), 69 best practical control technology currently available (BPT). 69 new source performance standards (NSPS), 69 Technology based standards, 51 Telluride. Colorado, 723 Tellurium, 607 Temperature, 346 Tennessee, 751 Terrestrial wildlife, 347 Texas, 751 Thailand, 675 Themes, 38 Thiobacillus ferrooxzduns, 4, 136, 15 1, 604 Third-party contract. 368 Threatened or endangered species, 348, 578 Three-dimensional stability, 462 Threshold issues, 47 Top injection, 528 Topography, 132 Total dissolved solids, 346, 542 Total economy. 631 Total suspended matter, 603 Total suspended particulate matter, 169 Total suspended solids, 150. 609,455 filter size, 609 Toxicity Characteristic Leach Procedure (TCLP), 290, 589 Toxic pollutants, 70 best management practices. 70 Toxic Substances Control Aci, 9 Toy, T.J., 190, 197 Trace elements. 582 Traditional cultural properiies. I79 Transport, 608 Transportation costs. 635 Transporters, 82 Travel cost method, 739 Treatment, 82, 600 Treatment. storage or disposal facilities, 82 Trona, 526 Trough subsidence. 530 Tunnels, 48 adits and shafts, 48 Tunnel sealing, 167 Turbidity, 603, 609 Types of airblast, 183

U.S. Army Corps of Engineers, 13, 352, 577 U S . Bureau of Land Management (ELM), 344

784

INDEX

U.S. Bureau of Reclamation, 683. 686 U.S. Environmental Protection Agency (EPA), 1 , 352. 392, 559, 648, 684, 723 U.S. Fish and Wildlife Service (USFWS), 351, 352, 578, 686, 743 U.S. Forest Service (USFS), 34.4, 354 U.S. Geological Survey (USGS), 478, 577. 600,686 quadrangles maps, 352 U.S. Office of Surface Mining and Reclamation Enforcement (OSMRE), 647 Ultraviolet radiation, 607 Underground backfilling, 442 Underground Injection Control, 738 Underground storage tank regulation, 90 Uniform Hazardous Waste Manifest, 82 Uniform techniques for pollution control, 632 Unit hydrograph methods. 484 United Nations, 736 United Nations Department of Technical Cooperation for Development, 660 United Nations Environment Program (UNEP), 725 United States Environmental Protection Agency (USEPA) (see "U.S. Environmental Protection Agency") United States Fish and Wildlife Service, 743 Unsuitability. 579 Uranium, 535 Umovitz, R.K., 710 Use criteria, 541 Utah. 751

V Valley fill design, 693 Valley-bottom tailings, 435 Van Zyl, D.J.A., 293, 412, 413, 421 Vegetation, 140, 350 structural characteristics, 140 Vegetative filters, 232 Venezuela, 673 Very low density polyethylene, 504 Vibration amplitudes, 273 Vibration frequencies, 274 Virginia, 751 Visibility degradation, 701 Vision statements, 71 8 Visual changes, 313 Visual impact, 727 Visual mitigation, 3 14 Visual resource analysis, 3 12 Visual Resource Management handbook (BLM, 1980), 31 3 Volatile organic compounds, 169 Volumetriclmass balance analyses, 439 Vrooman, R.B., 642, 729

W Warner, R.C., 225

Washing and screening, 172 Washington. 751 Waste characterization. 287 batch leachability tests, 290 column leach tests, 292 long-term kinetic testing, 291 static acid generation potential tests, 290 Waste determination. 82 Waste discharge requirements, 107 Waste material. 726 Waste rock disposal, 444 Waste rock piles. 599 Wastewater discharge, 741 Wastewater streams, 305 Water balance, 470, 476 Water balance. deterministic analyses. 487 Water balance evaluation, 448 Water balance, probabilistic approaches. 490 Water Erosion Prediction Project (WEPP), 204 Water quality, 601 Water Quality Act, 13 Water quality standards, 67, 69 design criteria, 477 objectives, 477 Weak foundations, 452 Weak deep foundations, 460 Weathering, 604, 684 Well field, 534 Well field reclamation, 541 West Virginia, 751 Weslern Governors' Association (WGA), 10, 127 Wetland Delineation Manual. 353 Wetland Evaluation Technique. 353 Wetlands, 336, 351, 742 Whitrnan, K.G.. 591 Wilderness Act of 1964, 405, 742 Wildlife, impact categories. 145 habitat loss/fragmentation, 146 increased human activity, 148 induced harvest changes, 148 loss of crucial habitat types, 147 loss of wetlands. 147 migration barriers, 148 physical injurylmortality, 146 threatened and endangered species, 148 migratory waterfowl, 149 Raptors, 148 toxicities, 147 Wildlife impacts mitigation, 217 contaminated water, 21 8 falls from highwalls. 218 habitat loss and fragmentation, 218 increased human activity, 219 induced harvest changes, 220 loss of critical habitat types, 219 migration barriers, 220 mitigation of common impacts, 217 physical injury and mortality, 217 power lines, 218 silting of streams, 218 toxicities, 219

INDEX wetlands, 21 8 Wildlife impact issues, 220 migratory waterfowl, 221 raptors. 220 threatened and endangered species, 220 Williams, D., 335 Wind erosion equation, 700, 701 Wind erosion potential, 700 Wisconsin, 75 1 World Bank. 725, 736 World Commission on Environment and Development, 660 Wrightman Fork. 690

Wyoming. 751

Y Yellow-boy, 607

z Zero discharge facilities, 468. 477

785

Mining Environmental Handbook: Effects of Mining on the Environment and American Environmental Controls on Mining

MINING AND ITS ENVIRONMENTAL

Mining and Its Impact on the Environment

Metal Mining and the Environment (AGI Environmental Awareness Series)

Marine Environmental Pollution : Dumping and Mining

Geophysics in Mining and Environmental Protection

The Text Mining Handbook

The Handbook of Data Mining

Data Mining on Multimedia Data

The handbook of data mining

The Handbook of Data Mining

Data Mining on Multimedia Data

SME Mining Engineering Handbook

Технологии анализа данных. Data Mining, Visual Mining, Text Mining, OLAP

Handbook of research on text and Web mining techologies

Dumbing Down: Essays on the Strip Mining of American Culture

Knowledge Mining

Mining News

Mining Evermore

Data Mining

Environmental Effects on Cognitive Abilities

Gold Mining: Formation and Resource Estimation, Economics and Environmental Impact

Superfund and Mining Megasites

Data mining and warehousing

Mining of Massive Datasets

Principles of data mining

Principles of Data Mining

Indigneous People and Mining

Principles of Data Mining

Mining Environmental Handbook: Effects of Mining on the Environment and American Environmental Controls on Mining

MINING AND ITS ENVIRONMENTAL

Mining and Its Impact on the Environment

Metal Mining and the Environment (AGI Environmental Awareness Series)

Marine Environmental Pollution : Dumping and Mining

Geophysics in Mining and Environmental Protection

The Text Mining Handbook

The Handbook of Data Mining

Data Mining on Multimedia Data

The handbook of data mining

The Handbook of Data Mining

Data Mining on Multimedia Data

SME Mining Engineering Handbook

Технологии анализа данных. Data Mining, Visual Mining, Text Mining, OLAP

Handbook of research on text and Web mining techologies

Dumbing Down: Essays on the Strip Mining of American Culture

Knowledge Mining

Mining News

Mining Evermore

Data Mining

Environmental Effects on Cognitive Abilities

Gold Mining: Formation and Resource Estimation, Economics and Environmental Impact

Superfund and Mining Megasites

Data mining and warehousing

Mining of Massive Datasets

Principles of data mining

Principles of Data Mining

Indigneous People and Mining

Principles of Data Mining

Recommend Documents