GENERAL55512 - Laserfiche WebLink

Home Browse Search

DMo Status: The Act at 34-32-103(1) defines "acid or toxic producing materials" as "natural or reworked earth materials having acid or toxic chemical and physical chazacteristics." The above results ~~cate that ore and waste rock from the SM-18 deposit have a potential to release metals in concentrations that exceed ground or surface water standazds for Al, Pb, Se, U andlor Zn. Thus, these rocKs Would be considered "acid or toxic materials" under the definition. The Act at 103(3.5)(a)(II) defines a "designated mining operation" to be "a mining operation at which acid- or toxic-fomung materials will be exposed or disturbed as a result of mining operations." Mining will expose or disturb acid-or toxic-forming materials from the SM-18 ore and waste rock and other similar mines. Thus, the SM-18 mine and neazby mines with similar mineralogy and host rock characteristics meet.the criteria for a designated mining operation. The Act at 34-32-112.5(2) states: "If an operator demonstrates to the boazd at the time of applying for a permit or at a subsequent hearing that acid-or toxic-producing materials will not be used, stored, or disturbed in quantities sufficient to adversely affect any person, any property, or the environment, the board shall exempt such operations..." 4n aaite-specific basis, depending on how the ore and waste rock aze mined, handled and stored, it may be feasible for operators to demonstrate that quantities of released pollutants will be insufficient to adversely affect persons, property or the environment. The Act at 112.5(4)(a) states that "...the board or office may require an operator to have an inspection and certification of any new environmental protection facility." The Act at 103(4.9) defines "Environmental Protection Plan" as "a plan submitted by a designated mining operation...forprotectlon of human health nr rroperty or the enviromnent..." Rules 6.4.20 Exhibit T lays out requirements of the Environmental Protection Plan. Together, these indicate that an environmental protection plan is required, and that where acid- or toxic-producing materials aze exposed, used, processed or stored, in order to protect persons, property and the environment, environmental protection facilities will be required. Based on all the above, it appears that the SM-18 mine and similaz neazby mines should be considered designated mining operations, unless the Boazd detemrines otherwise. As such, these operations will need to submit certified engineering drawings for environmental protection facilities for ore and waste rock facilities. Alternatively, the operators may demonstrate to the office or the boazd that contaminants will not be released in quantities sufficient to require environmental protection facilities. Application: The Division should consider potenfial impacts to both ground and surface water from the ore and waste rock piles at the SM-18 mine and similaz mimes neazby. Impacts to the hydrologic balance may be minimized by a variety of means including but not necessarily limited to: ^ dilution of the pollutants prior to reaching a receiving stream or groundwater, ^ isolation of pollutants in holding ponds or treatment facilities, ^ caps, covers or diversions to minimize infiltration of rain water or snowmelt, or ^ limited holding times, i.e. limit the time available for precipitation to contact the ore or waste rock. For the Division to allow waste rock to remain unprotected and still assure that impacts to the hydrologic balance have been minimized, the operator should show that pollutants released from either ore or waste rock would be diluted sufficiently prior to entering groundwater at some use point or prior to meeting a classified stream. Because selenium concentrations exceed both ground and surface water standards by the ]azgest percentage factor, selenium is used to derive the dilution values necessary to demonstrate minimization of impacts to the hydrologic balance (see Table 1). For waste rock, it must be demonstrated 2