The Regulatory Requirements and a Permitting Strategy for Small Heap Leach Mining Operations

With the burgeoning development of precious metals heap leach mining projects throughout the country regulatory agencies are beginning to take a closer look at the short-and long-term environmental consequences of heap leach mining. This increase in regulatory review is occurring on federal, state and local levels, and is affecting both large- and small-scale mining developments. Small-scale mining developments are receiving especially critical regulatory scrutiny because in the eyes of some regulatory agencies, small developers lack the credibility automatically accorded to major mining companies. This is due in part to a bad image of small miners based upon past environmental problems and permit violations caused by a few, small operators. The proponent of a small mining development thus faces special problems during the project permitting process, and must convince the regulatory authorities of his company's ability and commitment to plan, develop, and decommission a mining operation in compliance with environmental regulations. Not only must the small developer have a thorough understanding of the regulatory requirements affecting his project, he must also devote considerable effort to careful internal planning in order to produce a well organized approach to project permitting. The importance of proper planning cannot be overstated. Project planning is key to convincing the regulatory agencies that the small miner is capable of developing a viable project. More- over, the economics of a small mining project demand permit acquisition at modest cost and in a timely fashion. A well planned permitting effort will thus ensure that permits are received within budget and on schedule. This paper will review the federal, state, and local permitting requirements for heap leach projects, and the variability of these requirements from state to state. The environmental assessment process for projects developed on public lands, and the acquisition of zero- discharge water quality permits, air quality permits, and local special use permits as they apply to small mining developments will be discussed. The paper will conclude with a review of project decommissioning and cyanide neutralization requirements and their implications for small-scale heap leach projects.