EPA Blasts DSEIS and EA
The EPA has been providing technical guidance regarding the various mine proposals
on Buckhorn Mountain to the Washington State Department of Ecology and the USDA
Forest Service since 1992. Their comments to Ecology regarding the Draft Supplemental
Environmental Impact Statement (DSEIS) and to the Forest Service regarding the
preliminary Environmental Assessment (EA) are consistent with past comments
and express significant concerns regarding the current proposal and documentation.
What follows are highlights from EPA’s comments. For the complete text
go to http://www.okanoganhighlandsalliance.org.
The EPA expresses particular concern that the predictions for water quality
during and after the proposed mine may be underestimated. They are concerned
that the predicted effluent quality from the proposed mine water treatment system
would not meet surface water quality standards. In addition EPA states, “We
are also concerned that the impacts to wetlands and aquatic resources were not
analyzed in an appropriate level of detail to support the conclusion of no significant
impacts or demonstrate that the mitigation measures would reduce the impacts.”
Regarding the Forest Service EA, “EPA believes that information in the
EA indicates there are potential significant impacts to water quality, air quality
and habitat on Forest Service lands that are not sufficiently described or mitigated
to support a finding of no significant impacts. These issues may be best addressed
in the context of an environmental impact statement.”
EPA expressed concern that the Crown Jewel EIS, the foundation document for
the supplement, “is almost a decade old and may not be easily accessible
to members of the public or agency review staff.” They repeated the continued
belief that “the SEIS be a stand alone document”, as they recommended
in their scoping letter.
Regarding performance security, EPA believes that estimates for reclamation,
mitigation, and long-term monitoring and maintenance should be included in the
final SEIS.
EPA stated that the SEIS should identify the issues the Pollution Hearings Control
Board (PHCB) ruled on in 2000 that still apply to this project (water rights
and mitigation plans), provide a summary of the ruling on these issues, and
describe how the proposed project or mitigation measures incorporated in the
SEIS resolves the issues.
EPA stated that the description of the Optional Tailings Facility across the
San Poil River is too fuzzy in terms of what triggers the option and that the
evaluation of environmental impacts is inadequate. They site the examples of
no geologic or hydrologic of subsurface conditions for the site and no engineering
analysis.
EPA’s concerns regarding water resources are significant in that the approach
is very similar to why the PCHB rejected the Crown Jewel proposal. They state,
“the SEIS relies on temporal averages of data to depict water quality
conditions and estimated impacts. Such an approach can be grossly misleading
because hydrologic processes at any point in time are inherently anything but
average, if for no other reason than seasonality. And, of course, there are
a host of other sources of variability in addition to seasonality.”
EPA goes on to express that the representativeness of samples used for environmental
testing does not appear to be documented in the SEIS. An example would be the
spatial and chemical distribution of samples in relation to the material intended
to be mined. By excluding any hint of variability in measured hydrologic and
geochemical data, conclusions on predicted water quality (mine drainage, effluent,
etc.) and environmental impacts in this SEIS may be underestimated. Consequently,
regulatory decisions based on the SEIS may be poorly supported.
According to the SEIS, the infiltration gallery may not have sufficient capacity
to infiltrate all of the water. The SEIS states that this will be addressed
by adding an additional infiltration area or treating and discharging to surface
waters. EPA expressed concern with the level of uncertainty expressed in these
statements and that the water balance and modeling should be at a sufficient
level of detail and conservativeness so that there is more certainty in the
amount of water that would need to be infiltrated or discharged.
Regarding the capture and treatment of groundwater impacted by mining, EPA wants
to know the effectiveness of the treatment system and where water would be discharged
to be explained. They also question that the worst case best case scenarios
in the SEIS since both rely on averages of data rather than a full range of
data.
EPA questions that the 4 wells to monitor the effects of mine operations would
be near sufficient nor three for the tailings or infiltration gallery. EPA questions
whether long-term water treatment is possible considering the estimated 60 years
timeframe for re-filling the mine and that it may be unrealistic to count on
a water treatment plant operating that long.
The EPA notes the discrepancy in the SEIS that indicates that treated water
exceeds criteria for ammonia, zinc, selenium and other parameter. They would
like to know how the effluent quality was obtained and the uncertainty in those
values. The SEIS should also describe the impacts of the infiltrated water on
the receiving streams in terms of water quantity and quality impacts and impacts
to aquatic resources.
The section on Water Supply Resources should include more detailed discussion
on the existing water rights, the applicants pending water rights applications,
the level at which water supply will be reduced, and how that will impact existing
water rights. In addition, this section does not discuss water removed from
the Myers Creek tributaries (Bolster, Ethel, and Gold Creek) or propose mitigations
for the water removed. Because water rights and the need to maintain instream
baseflows were ruled on by the State’s Pollution Control Hearings Board,
it is important that these issues be fully and transparently discussed and disclosed
in the SEIS.
There is no discussion of what the ecological, hydrological, and water quality
monitoring would be that might trigger the flow augmentation mitigation measures
nor is there any indication that biological condition of wetlands, seeps, springs,
and streams would be monitored to indicate when flows should be augmented and
supplemented. There is no discussion of the timing over which follow augmentation
might occur. Without this information it is not possible to determine if these
mitigation measures will be effective.
The SEIS should include a map which shows where all of the wetlands (including
the Frog Pond), seeps, springs, and streams are located in relation to the zones
of potential impact from this underground mining operation.
EPA criticizes the SEIS statements that “The amount and location of delivery
of water could be adjusted, based on monitoring” and that with the mitigation
measure of augmenting water the impacts would “be minimized and not significant.”
Concluding that impacts will not be significant based on speculative monitoring
and contingency measures and no apparent baseline data does not justify this
conclusion nor adequately mitigate the impacts.
WDFW Finds DSEIS Lacking
Washington State Department of Fish and Wildlife (WDFW) has reviewed Kinross’Buckhorn
Mountain Gold Mine models looked at anticipated impacts to streams, seeps, and
wetlands, on mitigation proposals and had discussions with Ecology, the Forest
Service, and Kinross. Although early discussions between WDFW and Kinross and
consultants seemed to reach agreement that Kinross would present a mitigation
package that would clearly offset any potential impacts from hydrological modification.
Kinross has not developed a mitigation plan with any specific details. According
to WDFW, the concepts in the mitigation plan have possibilities, as well as
some clear differences concerning suitable mitigation measures, but are too
amorphous to meet the standard they thought they had agreed on.
WDFW also reviewed and made comments to 5 water rights for surface waters and
wells in continuity with fish bearing surface waters. They recommended denial
on 4 based on impacts to fish and approval of one for non-consumptive groundwater
use. These applications were part of a set being reviewed ahead of the Buckhorn
Mountain Water Right Applications.
The Washington Department of Fish and Wildlife (WDFW) expressed significant
problems in their comments on the Draft Supplemental Environmental Impact Statement
(DSEIS). The following are snippets are from WDFW much more extensive comment
letter to Ecology.
• There is little quantification of these impacts and the proponent has
stated a preference to limit the studies performed to quantify these impacts
and instead direct those funds into on-the-ground mitigation measures that clearly
outweigh the anticipated impacts. Some progress toward such a goal has been
made but there are many details to resolve.
• Many of the mitigation measures that are proposed in the document are
indefinite. Some use the action verb “could” rather than “will”
or “shall” and other measures would be triggered by undefined adaptive
management based on undefined monitoring. These mitigation measures need to
be better defined so that their potential for success can be evaluated.
•The DSEIS does not include an inventory or functional assessment of aquatic
habitat impacted by the proposed action. For example, the headwater reaches
of streams impacted by mine dewatering and drawdown of the water table are not
identified in the document. The springs and seeps are not described in terms
of their plant communities, seasonal water level changes, areas of saturation,
or ecological functions. The long term effects on groundwater seepage due to
reduced permeability and hydraulic conductivity from compacted mine backfill
is not included in the impact analyses. Some of this information was not included
by agreement with the understanding that a lack of detail in impact assessment
would be compensated for with additional investment in extent and duration of
mitigation. The presumption of this arrangement is that mitigation is better
for the environment and less expensive than litigation. The DSEIS unfortunately
does not include either the detailed impact assessment or the additional investment
in mitigation. This should be corrected.
• The DSEIS describes the groundwater effects of mining and dewatering
the ore body but does not present these effects in terms of surrounding topography
or down-gradient aquatic resources.
• The groundwater model reported in the DSEIS is a steady state model
for average groundwater levels and drawdown conditions. Since water levels are
dynamic and change considerably (by over 100 feet in some cases) both seasonally
and from year to year, the model should include a transient analysis of maximum
drawdown during periods of reduced groundwater levels. The transient analysis
should include seasonal effects of mine dewatering, changes in groundwater flow,
and shifts in the groundwater divide during years of below normal precipitation
or runoff conditions.
The lack of physical data in the area of impacts to aquatic resources is a significant
flaw in the groundwater model and analysis to date.
• It is anticipated that it will take 25 to 60 years or more for the groundwater
level to rise back to a new equilibrium and that some hydrologic effects due
to backfilling, loss of fracture permeability, and a shift in the groundwater
divide will be permanent. However, many of the mitigation measures that are
proposed are short-term or indicate that they “could” be used. It
is important that the mitigation proposals match the length of time that the
impacts will occur and that they contain the word “will” rather
than “could.”
•The ultimate disposition of the mined area, particularly future development
for home sites or recreational properties should also be addressed as a potential
cumulative impact.
• We appreciate the mitigation measures listed to avoid or minimize impacts
to the aquatic resources. However, as proposed in the DSEIS, it does not appear
that adequate mitigation measures will be in place to offset impacts such as
the permanent reduction in stream flow in Myers Creek and the long-term reduction
in all of the headwater tributaries originating on Buckhorn Mountain.
• However, the protocols for the monitoring and steps that would be taken
to mitigate damages need to be further defined. Background levels should be
established and monitoring protocols should identify the temporal and spatial
parameters of levels that exceed background water quality. Specific strategies
should be defined that will assure that water quality levels are maintained.
• This would indicate the need for long-term or perpetual mitigation in
the form of conservation easements or other permanent protection for mitigation
areas, and a replacement ratio substantially greater than 1:1.
• The statement: “Presumably all the impacts on wildlife and habitats
will be covered by the wildlife mitigation agreement…” appears to
be premature at this time. There are some good elements proposed for mitigation
and there appears to be a positive working relationship with the proponent,
but as indicated elsewhere in this letter there appear to be some missing parts
to the mitigation package and many details to be fleshed-out before we would
agree that the impacts are all covered by a mitigation agreement.
Tribal Referendum on Mining
On March 18, 2006, the Confederated Tribes of the Colville Indian Reservation Business Council (CCT) will ask their tribal members to vote on a proposed mine on Mount Tolman, located southeast on the Colville Reservation, near Keller, Washington. The project proposes open-pit mining on Mt. Tolman for copper and molybdenum, whose price is now spiking on the international market. The exact process for refining this ore has not been made clear, nor has the site for processing these minerals. In addition, while research suggests Mt. Tolman contains other valuable minerals such as gold, silver, zinc, and lead, the proposal does not address such minerals at this time.
Mt. Tolman
Located in the heart of the San Poil Valley, Mt. Tolman overlooks the San Poil
River and Lake Roosevelt on the Columbia River. Mt. Tolman provides a beauty
that keeps local people living in the Keller area and draws vacationers back
year after year. But the significance of Mt. Tolman to the San Poil (one of
the confederated tribes of Colville Indian Reservation) and other Colville peoples
is far greater than mere beauty. Tul’meen, as Mt. Tolman is known in the
Nselxchin language spoken by San Poils, provides habitat for wildlife and medicinal
and food plants that are integral to the already endangered cultures of the
Colville peoples. Tul’meen is also sacred among San Poils and other indigenous
Colvilles for the powder paint it provides that is used for spiritual protection
and traditional healing.
Unfortunately, Tul’meen cannot provide for its own protection from the
devastation that open-pit mining may bring. In turn, many tribal members across
the reservation have taken the initiative to provide the protections their mountain
requires. These tribal members are concerned with even more than the loss to
an open-pit mine of the top of Tul’meen, its beauty, and the habitat and
traditional cultural resources it provides. They are concerned with the potential
effects of sulfuric acid and molybdenum wastes on the larger area, and on Tul’meen’s
tributaries that feed the San Poil and Columbia Rivers. Reaching to the safety
of all Washingtonians, they are concerned with the risks represented by tons
of chemicals that may be transported to Tul’meen over Washington’s
highways.
In view of these concerns a number of groups on the Colville Reservation have
taken as their primary focus the importance of educating tribal members on the
potential impacts of the proposed mine on the land, water, wildlife, and humans.
To this end tribal members have researched the known risks and consequences
of mining, and directed their efforts to providing Colville members with the
knowledge necessary to making a well-founded decision on March 18. These groups
were instrumental in organizing a presentation to the Colville Business Council
by mining experts Bonnie Gestring and Ann Maest of the organization Earthworks.
Following this presentation, the Colville Business Council was persuaded to
include more comprehensive information on the risks of mining in its educational
efforts.
In preparation for the scheduled mining education meetings, one concerned group,
Visions for Our Future, has planned a Spiritual Camp from February 17-20 open
to all Colvilles and native and nonnative people alike. Because Mt. Tolman has
been fenced since the multinational giant, AMAX, unsuccessfully attempted to
open a molybdenum mine there in the 1970s, the Camp will be held at the foot
of Mt. Tolman on Meadow Creek. In addition, concerned Colvilles plan to hold
gatherings before the scheduled mining education meetings in Spokane and Seattle.
The message that concerned tribal members wish to impress upon the voting population
of the Colville Confederated Tribes and other native and non-native people potentially
affected by an open-pit mine on Tul’meen is education. This issue cannot
be decided based solely on possible financial gains that may well shift with
a changing market. We must also honestly discuss the possible adverse effects
of mining. Above all, we hope tribal voters will keep in mind the cultural beliefs
of their ancestors who understood the ways that all things are interconnected.
Following in their ancestors’ footsteps, what the Colville Peoples do
now will affect the animals, the land, the vegetation, and the people throughout
Washington for generations to come.
Technical Experts Review DSEIS for OHA
Anne Udaloy is a licensed hydrogeologist in Washington State
The PCHB noted that the data presented in support of the FEIS did not adequately
characterize the hydrogeology or hydrology of the Buckhorn Mountain area (PCHB,
97-146 Final, January 19, 2000). Few additional hydrogeologic or hydrologic
data are presented in support of the Draft SEIS; those presented are limited
to focused studies of areas such as the proposed infiltration gallery. Site-specific
meteorological data, such as precipitation and pan evaporation rates, have not
been collected. Measurement of background stream discharges and groundwater
levels was halted before the end of 2000 and has apparently not resumed. As
a result, the hydrogeologic and hydrologic characterization of the Buckhorn
Mountain area is insufficient to allow evaluation of the potential impacts related
to mine development, operation, or closure.
Existing hydrologic and hydrogeologic data are insufficient to permit calculation
of a site water balance, or accurate definition of existing conditions. Critical
hydrogeologic boundary conditions, such as the North Lookout Fault zone and
the Toroda Creek fault, have not been characterized. The hydraulic properties
of bedrock outside of the mineralized area have not been characterized. As a
result, the numerical model used to predict potential impacts to groundwater
and surface water distribution is based on numerous assumptions, and the results
are unlikely to be predictive. In addition, the boundary conditions assigned
to the model fundamentally bias certain conclusions. For example, the model
cannot and therefore does not predict dewatering of the upper reaches of the
creeks due to mining-induced drawdown in the underlying aquifer; instead, it
requires the creek headwaters to provide an infinite source of recharge to surrounding
bedrock even as groundwater levels in the surrounding bedrock decline due to
mine operation. As a result, the numerical model significantly underestimates
impacts to surface water and groundwater.
The proposed approach to water management during mine operation and closure
is internally inconsistent. For example, it does not appear that the proposed
infiltration gallery can operate as designed. In addition, it does not appear
that the proposed mine closure operations will ensure capture and treatment
of all impacted groundwater. It also appears that the same water resources are
expected to serve multiple conflicting uses, simultaneously.
The proposed background, compliance, and performance monitoring programs for
surface water and groundwater are poorly defined and entirely inadequate.
In summary, the Draft SEIS does not describe the existing hydrogeologic and
hydrologic conditions of the site. In addition, the Draft SEIS does not present
a coherent or consistent description of water management during mine development,
operations, or closure. As a result, the Draft SEIS does not define potential
impacts to groundwater or surface water due to mine development, operations,
or closure.
Ann Maest, PhD with Buka Environmental
Predictions of operational and post-closure water quality for the Buckhorn Mountain
Project are based on results from geochemical testing of waste rock and other
materials. The static acid-base accounting test method selected overestimates
the amount of neutralizing material present in the waste rock and mine walls,
thus underestimating the amount of potentially acid generating (PAG) rock at
the site. Estimates of the amount of PAG rock were used to predict both operational
and post-closure water quality. HCT results also likely underestimate the percentage
of rock that will become acidic over time and the maximum contaminant concentrations.
Therefore, it is likely that actual mine water quality will be worse than predicted.
Treated effluent from the underground mine is planned to be discharge to an
infiltration gallery in the Nicholson Creek watershed. Although the effluent
would be discharged for groundwater infiltration, because of its location it
will reach surface water relatively quickly. Predicted effluent water quality
exceeds a number of surface water criteria and/or aquatic life criterion values.
The impacts of the discharge of this effluent on downgradient groundwater and
surface water quality should be evaluated for the Final SEIS, and alternative
treatment methods for lowering metal, ammonia, and nitrate concentrations to
acceptable levels should also be considered.
To predict post-closure water quality, Golder used some of the most dilute background
water quality to mix with Gold Bowl mine water, thus resulting in lower post-closure
contaminant concentrations. This, combined with the assumption that all inundated
rock is non-reactive, that acid drainage will not develop before the mine is
filled with water, and that there will be not inputs of contaminants from mineralized
rock overlying the mine workings makes the estimates of post-closure water quality
overly optimistic.
Humidity cell test results indicate that 64% of the rock tested will become
acidic over time. However, mitigated post-closure mine water quality is predicted
to be better than pre-mining water quality. Reasonable worst case water quality
for both the operational and post-closure mine water quality needs to be re-evaluated
for the Final SEIS. In addition, there are no quantitative predictions of post-mining
groundwater or surface water quality downgradient of the underground mine. These
predictions should be completed for the Final SEIS.
From the Pit
What amazed us here from the crow's nest at OHA central is that Ecology and
the Forest Service would accept such a poor job of documenting the impacts related
to the proposed mine on Buckhorn Mountain. Six years ago the PCHB clarified
any confusion. Crown Resources had six years to address the issues, yet they
chose instead to ignore the deficiencies in the data used for the predictive
models and tried once again to bluff their way through the process. The EPA
and WDFW have repeated consistent concerns with the project, especially the
lack of a clear understanding of the impacts, and failure to mitigate the unavoidable
impacts.
The agencies seem to be on the fast track to come out with final documents.
The Forest Service completed their response to comments by early February and
has sent their final to the Regional Office for review. They expect to come
out with the final EA by early April. Ecology says the SEIS should be out by
the end of May. Unfortunately neither agency could have developed adequate responses
in these timeframes and appeals may be necessary. You generous support at this
time is especially appreciated.
It is our understanding that Kinross, instead of addressing impacts, is spending
its time lobbying the legislature, complaining that the process is taking too
long. Using the Jack Abramoff model to influence the process to get favorable
actions from the agencies. This is reminiscent of event in the previous round
when political considerations overshadowed sound science yielding bad decisions
that were ultimately overturned. Politics should have no place in the environmental
documentation and permitting process.
We have a right to know whether or not this proposed mine can comply with environmental
protection laws without political involvement.
Water Rights - The Fatal Flaw
A water right is a legal document authorizing beneficial use of a designated
amount of water to be diverted from a specific source and used in a specific
location. A water right certificate is required if diversion is from surface
water; ground water if more than 5,000 gallons per day is used or more than
1/2 acre is affected, or if the well serves more than one single residence.
To summarize the criteria Ecology applies to water rights applications, it must
show that:
1. Water is physically available for appropriation.
2. The appropriation will not impair existing water rights.
3. The public interest will not be harmed.
4. The intended use is beneficial.
Crown Resources has applied for two ground water rights in the amounts of, not
to exceed, 20 gpm for domestic supply and, not to exceed, 100 gpm for mining
(dewatering), industrial, and mitigation and one surface water right not more
than 50 gpm for mining. They have also applied to change water rights for the
Newman Ranch on Toroda Creek from irrigation to be used for dust control, road
construction and mitigation in the amount of, not to exceed, 300 gpm.
Both the Myers and Toroda Creek basins have been considered closed to new water
appropriations since the 1950's on the recommendation of Washington State Department
of Fish and Wildlife. Those creeks are either fully appropriated by existing
water rights, or stream flows must be maintained to protect fisheries.
The DSEIS predicts that dewatering the mine would permanently shift water that
currently flows down Myers Creek into the Toroda Creek basin adversely affecting
senior water rights. The document proposes mitigating this permanent shift by
pumping water from an unnamed junior water right into Myers Creek. It also predicts
that if the 300 gpm currently used for irrigation was used for dust suppression,
water consumption would increase by about 124 gpm because of the water that
would normally infiltrate back into Toroda Creek .
It does not take a genius to see that Crown's water plan would fail at least
some part of all four tests. Analysis of impacts and mitigation scenarios are
not explicitly and credibly addressed in the DSEIS. Let's hope Ecology does
not repeat the failed strategy of the previous proposal. Water rights should
be denied