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Mining Information SessionMining Information Session

State of Alaska and State of Alaska and U.S. Environmental U.S. Environmental Protection AgencyProtection Agency

Alaska Forum on the EnvironmentAlaska Forum on the Environment

Anchorage, AlaskaAnchorage, Alaska

February 12, 2008February 12, 2008

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AFE 2008 Mining Information AFE 2008 Mining Information Session StructureSession Structure

Module 1: Introduction & Mining Module 1: Introduction & Mining FundamentalsFundamentals

Module 2: Environmental Module 2: Environmental Concerns & IssuesConcerns & Issues

Module 3: Agencies & ProcessModule 3: Agencies & Process

Module 4:Module 4: Regulatory FrameworkRegulatory Framework

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No Single Permit to Mine: there areNo Single Permit to Mine: there aremany permits & authorizationsmany permits & authorizations

STATESTATE Plan of Operations (DNR)Plan of Operations (DNR) Reclamation and Bonding (DNR)Reclamation and Bonding (DNR) Waste Management Permits and Waste Management Permits and

Bonding (ADEC)Bonding (ADEC) Certification of NPDES and ACOE Certification of NPDES and ACOE

Permits (ADEC)Permits (ADEC) Sewage Treatment System Approval Sewage Treatment System Approval

(ADEC)(ADEC) Air Quality Permits (ADEC)Air Quality Permits (ADEC) Fish Habitat and Fishway Permits Fish Habitat and Fishway Permits

(DNR)(DNR) Water Rights (DNR)Water Rights (DNR) Right of Way/Access (DNR/DOT)Right of Way/Access (DNR/DOT) Tidelands Leases (DNR)Tidelands Leases (DNR) Dam Safety Certification (DNR)Dam Safety Certification (DNR) Cultural Resource Protection (DNR)Cultural Resource Protection (DNR) Monitoring Plan Monitoring Plan

(Surface/Groundwater/Wildlife) (Surface/Groundwater/Wildlife) (DNR/DEC)(DNR/DEC)

Coastal Zone Consistency Coastal Zone Consistency Determination (DNR)Determination (DNR)

FEDERALFEDERAL US EPA Section 402 NPDES Water US EPA Section 402 NPDES Water

Discharge PermitDischarge Permit US EPA Air Quality Permit reviewUS EPA Air Quality Permit review US EPA Safe Drinking Water Act (UIC US EPA Safe Drinking Water Act (UIC

Permit)Permit) US ACOE Section 404 Dredge and Fill US ACOE Section 404 Dredge and Fill

PermitPermit US ACOE Section 10 Rivers and US ACOE Section 10 Rivers and

Harbors ActHarbors Act US ACOE Section 106 Historical and US ACOE Section 106 Historical and

Cultural Resources ProtectionCultural Resources Protection NMFS Threatened and Endangered NMFS Threatened and Endangered

Species Act ConsultationSpecies Act Consultation NMFS Marine Mammal Protection ActNMFS Marine Mammal Protection Act NMFS Essential Fish HabitatNMFS Essential Fish Habitat NMFS Fish and Wildlife Coordination NMFS Fish and Wildlife Coordination

ActAct USFWS Threatened and Endangered USFWS Threatened and Endangered

Species Act ConsultationSpecies Act Consultation USFWS Bald Eagle Protection Act USFWS Bald Eagle Protection Act

ClearanceClearance USFWS Migratory Bird ProtectionUSFWS Migratory Bird Protection USFWS Fish and Wildlife Coordination USFWS Fish and Wildlife Coordination

ActAct

(These are only some of the authorizations required)

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State AgenciesState AgenciesLARGE MINE PERMITTING TEAMLARGE MINE PERMITTING TEAM

Department of Natural ResourcesDepartment of Natural Resources((Lead State agency for coordinationLead State agency for coordination))

Department of Environmental ConservationDepartment of Environmental Conservation Department of Fish and GameDepartment of Fish and Game Department of Transportation & Public FacilitiesDepartment of Transportation & Public Facilities Department of Commerce, Community and Department of Commerce, Community and

Economic DevelopmentEconomic Development Department of LawDepartment of Law Department of Health & Social ServicesDepartment of Health & Social Services

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State AgenciesState AgenciesLARGE MINE PERMITTING TEAMLARGE MINE PERMITTING TEAM

Department of Natural ResourcesDepartment of Natural Resources

– Division of Mining, Land and WaterDivision of Mining, Land and Water

– Office of Habitat Management and Office of Habitat Management and PermittingPermitting

(OHMP moving from DNR to ADFG by July 1, 2007)(OHMP moving from DNR to ADFG by July 1, 2007)

– Office of Project Management and PermittingOffice of Project Management and Permitting

– Division of Coastal and Oceans ManagementDivision of Coastal and Oceans Management

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State AgenciesState AgenciesLARGE MINE PERMITTING TEAMLARGE MINE PERMITTING TEAM

Department of Environmental Department of Environmental ConservationConservation

– Division of WaterDivision of Water

– Division of Air QualityDivision of Air Quality

– Division of Environmental HealthDivision of Environmental Health

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State AgenciesState AgenciesLARGE MINE PERMITTING TEAMLARGE MINE PERMITTING TEAM

Department of Fish and GameDepartment of Fish and Game

– Habitat Division Habitat Division (by July 1, 2008)(by July 1, 2008)

– Division of Wildlife ConservationDivision of Wildlife Conservation

– Division of SubsistenceDivision of Subsistence

– Sport Fish DivisionSport Fish Division

– Division of Commercial FisheriesDivision of Commercial Fisheries

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Large Mine Permitting Team Large Mine Permitting Team (LMPT)(LMPT)

DNR Coordinates the permitting of DNR Coordinates the permitting of large mine projects in the state in large mine projects in the state in accordance with AS27.05.010(b):accordance with AS27.05.010(b):DNR is the lead agency for all matters relating to the DNR is the lead agency for all matters relating to the exploration, development, and management of mining, exploration, development, and management of mining, and, in its capacity as lead agency, shall coordinate all and, in its capacity as lead agency, shall coordinate all regulatory matters concerning mineral resource regulatory matters concerning mineral resource exploration, development, mining, and associated activities. exploration, development, mining, and associated activities. Before a state agency takes action that may directly or Before a state agency takes action that may directly or indirectly affect the exploration, development, or indirectly affect the exploration, development, or management of mineral resources, the agency shall consult management of mineral resources, the agency shall consult with and draw upon the mining expertise of the with and draw upon the mining expertise of the department.department.

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THE LARGE MINE PERMITTING TEAM:THE LARGE MINE PERMITTING TEAM:

Coordinates review of applications and Coordinates review of applications and numerous State permit requirementsnumerous State permit requirements

Reviews, analyzes, and evaluates complex Reviews, analyzes, and evaluates complex technical documents for adequacy and technical documents for adequacy and soundnesssoundness

Benefits from multi-disciplinary expertise of Benefits from multi-disciplinary expertise of team members (geologists, engineers, team members (geologists, engineers, hydrologists, biologists, environmental hydrologists, biologists, environmental scientists)scientists)

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THE LARGE MINE PERMITTING TEAM:THE LARGE MINE PERMITTING TEAM:

If the Team does not have the expertise, it If the Team does not have the expertise, it can hire additional experts.can hire additional experts.

At operating mines the team members At operating mines the team members conduct mine inspections and evaluates conduct mine inspections and evaluates permit updates during operations.permit updates during operations.

The Team is involved from pre-permitting to The Team is involved from pre-permitting to post-closure.post-closure.

State costs are billed back to the State costs are billed back to the applicant/operatorapplicant/operator

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CHECK OUT LMPT AT:CHECK OUT LMPT AT:

http://www.dnr.state.ak.us/opmp/http://www.dnr.state.ak.us/opmp/oror

http://www.dnr.state.ak.us/mlw/mining/largemine.htmhttp://www.dnr.state.ak.us/mlw/mining/largemine.htm

Tom Crafford, Mining CoordinatorTom Crafford, Mining CoordinatorTom.Crafford@alaska.govTom.Crafford@alaska.gov

(907) 269-8629(907) 269-8629

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Federal AgenciesFederal Agencies

US Environmental Protection AgencyUS Environmental Protection Agency

US Army Corps of EngineersUS Army Corps of Engineers US Fish and Wildlife ServiceUS Fish and Wildlife Service

National Marine Fisheries ServiceNational Marine Fisheries Service

Bureau of Land ManagementBureau of Land Management

U. S. Forest ServiceU. S. Forest Service

National Park ServiceNational Park Service

Federal Land Managers

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EPA Mining TeamEPA Mining Team

Established since 1995Established since 1995 Includes staff from core program and Includes staff from core program and

technical areas that work on mining technical areas that work on mining activitiesactivities

Team principles:Team principles:– Early involvement Early involvement – Cross-programmatic multi-disciplinary teamCross-programmatic multi-disciplinary team– Work in partnership with other involved Work in partnership with other involved

agencies, tribes, industry, and NGOsagencies, tribes, industry, and NGOs– Programs operate in parallelPrograms operate in parallel

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For more information on EPA Mining TeamFor more information on EPA Mining Team

Regional Mining CoordinatorRegional Mining CoordinatorPatty McGrathPatty McGrath1200 Sixth Avenue, Suite 9001200 Sixth Avenue, Suite 900Seattle, WA 98101Seattle, WA 98101(206) 553-0979(206) 553-0979mcgrath.patricia@epa.govmcgrath.patricia@epa.gov

Alaska Mining CoordinatorAlaska Mining CoordinatorCindi GodseyCindi Godsey222 W. 7222 W. 7thth Street StreetAnchorage, AK 99513Anchorage, AK 99513(907) 271-6561(907) 271-6561godsey.cindi@epa.govgodsey.cindi@epa.gov

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National Environmental National Environmental Policy Act (NEPA) Policy Act (NEPA)

ProcessProcess

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Before Permitting: Before Permitting: National Environmental Policy Act (NEPA)National Environmental Policy Act (NEPA)

Purpose of NEPA: ensure that Purpose of NEPA: ensure that FederalFederal agency decision makers agency decision makers understand and take into account understand and take into account environmental consequences.environmental consequences.

What triggers NEPA?What triggers NEPA?– application for new source NPDES permitapplication for new source NPDES permit– application for 404 permitapplication for 404 permit

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NEPANEPA Level of Analysis:Level of Analysis:

– Environmental Assessment (EA)Environmental Assessment (EA) – if no – if no significant impacts, otherwise….significant impacts, otherwise….

– Environmental Impact Statement (EIS)Environmental Impact Statement (EIS)

Who prepares the EIS?Who prepares the EIS?– Lead federal agency Lead federal agency

US Forest Service or Bureau of Land ManagementUS Forest Service or Bureau of Land Management US Army Corps of EngineersUS Army Corps of Engineers US EPAUS EPA

– Assistance from cooperating agenciesAssistance from cooperating agencies Other federal agenciesOther federal agencies TribesTribes State agenciesState agencies Local agenciesLocal agencies

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NEPANEPA EIS ContentEIS Content

– proposed project and proposed project and alternatives to the project alternatives to the project (must include “no action” (must include “no action” alternative)alternative)

– description of the affected description of the affected environmentenvironment

– analysis of the analysis of the environmental environmental consequences of the consequences of the proposed project and proposed project and alternatives on the affected alternatives on the affected environmentenvironment

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NEPA NEPA EIS describes baseline conditions and impacts on:EIS describes baseline conditions and impacts on:

air qualityair quality surface water qualitysurface water quality ground water qualityground water quality wetlandswetlands fish & aquatic habitatfish & aquatic habitat wildlifewildlife threatened & threatened &

endangered speciesendangered species

noisenoise socioeconomicssocioeconomics land useland use subsistencesubsistence cultural resourcescultural resources visual resourcesvisual resources environmental environmental

justicejustice cumulative impactscumulative impacts

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NEPANEPA

Process:Process:– Application – permit application and Application – permit application and

baseline studies baseline studies – Planning – lead/cooperating agencies; Planning – lead/cooperating agencies;

solicit G-to-G consultationsolicit G-to-G consultation– Scoping – public commentScoping – public comment– Draft EIS - public commentDraft EIS - public comment– Final EISFinal EIS– Record of DecisionRecord of Decision

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Necessary NEPA InformationNecessary NEPA Information

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For more information on NEPA:For more information on NEPA:

Hanh ShawHanh Shaw

NEPA Compliance CoordinatorNEPA Compliance Coordinator

1200 Sixth Avenue OWW-1301200 Sixth Avenue OWW-130

Seattle, WA 98101Seattle, WA 98101

(206) 553-0171/(800)424-4372(206) 553-0171/(800)424-4372

shaw.hanh@epa.govshaw.hanh@epa.gov

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Typical Time Frame for a Typical Time Frame for a Completed Mine ProjectCompleted Mine Project

Years 30 35 40 45 50 55 60 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14

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Initial Exploration

Advanced Exploration

Environmental Studies

Prefeasibility Study

FeasibilityStudy

Permitting

Financing

Construction

Operation

ClosurePost-Closure Monitoring

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Example:Example:Pogo MinePogo Mine

Underground Gold Underground Gold Mine near Delta Mine near Delta JunctionJunction

Pogo

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The permit The permit application application package is package is

comprehensive!comprehensive!

Pogo Gold Mine Permitting Documents

and Environmental Impact Statement

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Pogo ProcessPogo Process

Agency Discussions and Baseline Studies Agency Discussions and Baseline Studies

Initiated in 1997Initiated in 1997

EIS Initiated in EIS Initiated in August 2000August 2000

Public input on Scoping 2000/2001Public input on Scoping 2000/2001

Public Review of Draft EIS and Public Public Review of Draft EIS and Public

Meetings, Spring 2003Meetings, Spring 2003

Final EIS Completed in October 2003Final EIS Completed in October 2003

State Permits Issued in State Permits Issued in December 2003December 2003

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Baseline StudiesBaseline Studies Surface Water Quality & QuantitySurface Water Quality & Quantity Groundwater Quality & QuantityGroundwater Quality & Quantity SubsistenceSubsistence Aquatic LifeAquatic Life WildlifeWildlife WetlandsWetlands SocioeconomicsSocioeconomics Cultural ResourcesCultural Resources MeteorologyMeteorology Traditional Ecological Knowledge (TEK)Traditional Ecological Knowledge (TEK) Visual ResourcesVisual Resources NoiseNoise Air QualityAir Quality

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Coordinated State/Federal Coordinated State/Federal ProcessProcess

Draft State Permits included in Draft Draft State Permits included in Draft EIS for Public ReviewEIS for Public Review

Public involvements (meetings, Public involvements (meetings, notices, etc) are synchronizednotices, etc) are synchronized

Processes are synchronized, not Processes are synchronized, not “streamlined”“streamlined”

Public still comments on all State Public still comments on all State authorizationsauthorizations

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Pogo Public ParticipationPogo Public Participation

Pre-Application meetings and outreach Pre-Application meetings and outreach (community groups, Native groups, NGOs)(community groups, Native groups, NGOs)

Environmental Impact Statement ProcessEnvironmental Impact Statement Process– Scoping (meetings, public notice)Scoping (meetings, public notice)– Draft EIS (meetings, public notice)Draft EIS (meetings, public notice)– Final EIS (public notice)Final EIS (public notice)

Tribal Consultation with 12 Tribes Tribal Consultation with 12 Tribes (Government to Government)(Government to Government)

Public comments accepted on all State Public comments accepted on all State authorizationsauthorizations

Open Communication (website, meetings, Open Communication (website, meetings, newsletters, etc)newsletters, etc)

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Do we ever say “No” ?Do we ever say “No” ?ANSWER:ANSWER: We say NO many timesWe say NO many times

There are numerous permits, each requiring YES/NO decisionsThere are numerous permits, each requiring YES/NO decisions

A NO typically results in design changes to the project – Pogo is A NO typically results in design changes to the project – Pogo is

an examplean example

The final approved permit never looks like what was initially The final approved permit never looks like what was initially

submitted – agencies require numerous changes to get to YESsubmitted – agencies require numerous changes to get to YES

Sometimes applicants abandon a project before they get Sometimes applicants abandon a project before they get

rejected (because they don’t want to do what the permitters rejected (because they don’t want to do what the permitters

require) require)

Sometimes applicants abandon project before they even submit Sometimes applicants abandon project before they even submit

development permits – economics or permit requirements make development permits – economics or permit requirements make

project infeasible or unattractive to companyproject infeasible or unattractive to company

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ExampleExample In 1986 Echo Bay Mines began an evaluation In 1986 Echo Bay Mines began an evaluation

of reopening the Alaska-Juneau Gold Mine that of reopening the Alaska-Juneau Gold Mine that operated from 1911 to 1944.operated from 1911 to 1944.

Agencies did not approve the company’s Agencies did not approve the company’s proposed uplands tailings storage facility.proposed uplands tailings storage facility.

Submarine tailings disposal (used historically) Submarine tailings disposal (used historically) was not an option because of limitations of the was not an option because of limitations of the federal Clean Water Act.federal Clean Water Act.

Echo Bay Mines abandoned and closed the Echo Bay Mines abandoned and closed the project in 1997 after expenditures in excess of project in 1997 after expenditures in excess of $100 million.$100 million.

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How can tribes be involved?How can tribes be involved?

Respond to requests for G-to-G consultationRespond to requests for G-to-G consultation

Request to be a NEPA cooperating agencyRequest to be a NEPA cooperating agency

Provide input into NEPA and permit processes:Provide input into NEPA and permit processes:– participate public meetingsparticipate public meetings– provide written commentsprovide written comments– provide comments during G-to-G meetingsprovide comments during G-to-G meetings

Provide traditional knowledgeProvide traditional knowledge

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Questions and CommentsQuestions and Comments