The State Environmental Commission

SEC Appeal — Closure of the Big Springs Mine

Update — Big Springs Appeal Hearing — The Big Springs Appeal hearing was held on Thursday, March 29, 2006, at the Office of the Attorney General, 100 North Carson Street, Carson City, Nevada 89701-4717. The State Environmental Commission - SEC Appeal Panel heard arguments from the Nevada Division of Environmental Protection (State), Great Basin Mine Watch-GBMW (the Appellant), and AngloGold Ashanti, a Nevada Corporation (the Intervenor).

Arguments were confined to a notice issued by the State on March 22, 2006 titled "NDEP's Intent To Challenge Great Basin Mine Watch's Standing Pursuant To NRS 233B.127(4). After hearing opening arguments and rebuttals by all parties, the Commission voted to stay the hearing for 90 days (July 6 tentative) and to request a formal Attorney General's Opinion on the applicability of NRS 233B.127(4). Press accounts of the hearing and public comments submitted for the record are listed below.

On July 6, 2006 the SEC Appeals Panel re-convened and subsequently dismissed the appeal by Great Basin Mine Watch regarding renewal of a water pollution control permit issued by the Nevada Division of Environmental. The SEC Appeal Panel took this action based on the acceptance of the below referenced Attorney Generals Opinion (AGO). Of note, the AGO was prepared in response to arguments presented by the State regarding Great Basin Mine Watch's “standing” in light of a legislative change to NRS 233B (i.e., Nevada’s Administrative Procedures Act - APA). The recent change to the APA now requires that a party in a contested case must show a direct financial interest in the case to bring an appeal to the SEC, i.e., a party must be granted “standing.”

Regarding the above referenced decision, the SEC’s Attorney has prepared a written "Order of the Commission" which is posted below on this website.

On July 25, 2006 and in accordance with the SEC's Rules of Practice (NAC 445B.899) and Nevada's Administrative Procedures Act (NRS 233B.130), the appellant Great Basin Mine Watch filled a Petition for Reconsideration and Rehearing on the Big Springs Mine appeal. Information related to the appellants filing is posted below including formal responses by the State and the intervener.

The SEC Appeals panel subsequently held a reconsideration hearing on August 4th 2006. The notice for the August 4th hearing along with a summary of the hearing minutes are also posted below. After reviewing the filings by all parties the SEC panel moved to deny the Petition for Reconsideration. The motion to deny the petition is reflected in hearing minutes.

On September 5^th, 2006, Great Basin Mine Watch filed a Petition For Judicial Review And Alternative Request For Extraordinary Writ Relief (as per NRS 233B.010). Subsequent to this filing, the Attorney Generals Office respond on September 13^th with a Motion to Dismiss. Both filings are posted below.

Appeal Documents as of 04/11/06

Note: All documents are in Adobe PDF file format

August 08, 2005 — (GBMW) Great Basin Mine Watch (GBMW) - Appeal of Water Pollution Control Permit NEVOO87001, Big:Springs Mine - graphic file - 1.2MB

August 09, 2005 — (SEC) Letter to AngloGold Ashanti: Opportunity for Intervention in the Appeal of Big Springs Mine, Permit Renewal

August 15, 2005 — (AngloGold) Petition for Leave to Intervene - Great Basin Mine Watch's Appeal of Water Pollution Control Permit NEV0087001, Big Springs - graphic file - 1.6MB

August 31, 2005 — (SEC) Certificate of Service — Order Granting Petition To File Briefs

August 31, 2005 — (SEC) Order Granting Petition To File Briefs

August 31, 2005 — (SEC) Certificate of Service — Order Granting Petition To Intervene

August 31, 2005 — (SEC) Order Granting Petition to Intervene

September 16, 2005 — (AngloGold) Notice of Appearance Eugene J. Riordan & Jim Butler

September 28, 2005 — (GBMW) Appellant Great Basin Mine Watch's Memorandum in Support of Appeal of Water Pollution Control Permit NV0022269, Big Springs Mine.
- Cover & Index (3 pages)
- Memorandum in Support(43 pages)
- Attachment A & B - Declarations - Tom Myers and Elyssa Rosen (NA)
- Attachment C — Reduction of Sulfate Concentrations in Neutral Mine Effluent (4 pages)
- Attachment D — Friends of the Wild Swan v. United Sates EPA, 2003 WL 21751849, *3 (9th Cir. 2003) (8 pages)
- Attachment E — Technical Report 2005-07-GBMW (87 pages 1.8MB)
October 04, 2005 — (AG) Letter from William Frey - Schedule Conflict (1 page 324KB)
October 17, 2005 — (SEC) Letter to Counsel Requesting Dates for Appeal Reschedule
October 20, 2005 — (AG) Request to Extend Briefing Schedule Hearing (3 pages 820KB)

October 24, 2005 — (SEC) Order Granting Amended Briefing Schedule (2 pages 550KB)

October 25, 2005 — (GBMW) Response to Request to Extend Briefing Schedule (3 pages 560KB)

November 04, 2005 — (SEC) Notice of Final Appeal Date (1 pages 100KB)

November 16, 2005 — (AG) Reply to Memorandum in Support of Appeal — Water Pollution Control Permit:NEV0087001, Big Springs Mine (9 pages 152KB)

November 16, 2005 — (AngloGold) AngloGold Ashanti (Nevada) Response Brief of Intervenor — Appeal of Water Pollution Control Permit:NEV0087001, Big Springs Mine (24 pages 702KB)

November 23, 2005— (AngloGold) Motion of Intervenor To Reset Hearing (4 pages 87KB)

December 02, 2005 — (GBMW) Appellant Great Basin Mine Watch’s Opposition to Intervenor Anglogold’s Motion to Reset Hearing (10 pages 53KB)

Rule 42. Practice of attorneys not admitted in Nevada. (7 pages 30KB)

December 09, 2005 — (GBMW) Appellant Great Basin Mine Watch’s Reply to NDEP’s and Intervenor Anglogold’s Response Briefs —Appeal of Water Pollution Control Permit, NV0022269, Big Springs Mine (56 pages 350KB)

January 04, 2006 — (SEC) Final Notice of Appeal Date (1 pages 100KB)
January 04, 2006 — (SEC) Order Granting Motion To Reset Hearing Date and Setting Revised Appeal Hearing Date (1 page 15KB)

February 28, 2005 — (AngloGold) Motion of Intervenor to Associate Out of State Counsel Eugene Joseph Riordan (4 pages 376KB)

Appendix A (560KB)
Appendix B (600KB)
Appendix C (220KB)

March 20, 2006 — (SEC) Cover Letter To Parties of the Appeal
March 20, 2006 — (SEC) Public Notice - Notice of Appeal Hearing — Final

March 22, 2006 — (AG) Notice of NDEP's Intent To Challenge Great Basin Mine Watch's Standing Pursuant To NRS 233B.127(4) (4 pages 94KB)

Appendix A & B (29 pages 340KB)

March 23, 2006 — (SEC) Appeal Hearing Agenda — Final

March 28, 2006 — (SEC) Order Granting Petition to Intervenor to Associate Out of State Counsel

March 29, 2006 — (GBMW) Appellant Great Basin Mine Watch's Opposition to NDEP's Notice of Intent to Challenge GBMW's Standing Pursuant to NRS 2336.127.4

April 07, 2006 — SEC Transcript of Proceedings, Appeal Hearing 03/29/06 — Note: This is a password protected file. The password is ndep. Because of state contractual obligations with the court reporting service, this file has been wright protected for "screen read use only" -- sorry!

April 11, 2006 — (SEC) Request - Formal Attorney Generals Opinion - Interpretation of Nevada Administrative Procedures Act - Section 233B.127(4)

June 19, 2006 — Attorney General Opinion — (AG) OPINION NO. 2006-03) ENVIRONMENTAL PROTECTION; ADMINISTRATIVE LAW; BOARDS AND COMMISSIONS: Pursuant to NRS 233B.127(4) a public interest group must demonstrate a financial interest as a direct result of a grant or renewal of a license in order to appeal that grant or renewal to the State Environmental Commission.

June 22, 2006 — (SEC) Meeting Notice [July 06, 2006] - Big Springs Appeal - NEV0087001

June 28, 2006 — (SEC) Public Meeting Notice [July 06, 2006] - Big Springs Appeal - NEV0087001

June 29, 2006 — (AngloGold) Motion to Limit July 6th Appeal Hearing and Authorize Attendance By Phone

June 29, 2006 — (SEC) Letter from the SEC Granting AngloGold' s Motion to Limit July 6th Appeal Hearing and Authorize Attendance By Phone

July 06, 2006 — (SEC) Meeting Agenda

July 10, 2006 — (SEC) Cover Letter - Order Dismissing Appeal based

July 10, 2006 — (SEC) Order Dismissing Appeal based on lack of appellant standing pursuant to NRS 233B.127(4).

July 24, 2006 — (SEC) Transcript of Proceedings, July 6, 2006 Big Springs Appeal Hearing
Note: This is a read only file, the pass word is NDEP (Link to distribution Letter)

July 25, 2006 — (GBMW) Great Basin Mine Watch's Petition For Reconsideration and Rehearing (as per SEC Rules of Pratice - NAC 45B.899)

August 01, 2006 — (SEC) Notice of Hearing - Petition for Reconsideration, Big Springs Appeal NEV0087001

August 01, 2006 — (State) Opposition to petition for Reconsideration and Rehearing

August 01, 2006 — (AngloGold) AngloGold Ashanti response to Great Basin Mine Watch's Petition for Reconsideration and Rehearing

August 01, 2006 — (SEC) Letter transmitting Appeal Reconsideration and Rehearing Documents

August 01, 2006 — (SEC) Letter transmitting Appeal Reconsideration and Rehearing Documents

August 04, 2006 — (SEC) Appeal Hearing Agenda - Big Springs Reconsideration and Rehearing Appeal (NEV 0087001)

August 10, 2006 — (SEC) Appeal Hearing Minutes - Big Springs Reconsideration and Rehearing Appeal (NEV 0087001)

End of SEC Administrative Record

Beginning of Record for Judicial Review

September 05, 2006 — (GBMW) Petition For Judicial Review And Alternative Request For Extraordinary Writ Relief (as per NRS 233B.010)

September 13, 2006 — (State) NDEP'S Motion To Dismiss (as per NRS 233B.130)

September 21, 2006 — (SEC) State Environmental Commission's Motion To Dismiss And Joinder In The Nevada Division Of Environmental Protection's Motion To Dismiss

September 22, 2006 — (AngloGold) Anglogold Ashanti (Nevada) Corp. S Notice Of Intent To Participate In Petition For Judicial Review

September 22, 2006 — (AngloGold) Respondent, Anglogold Ashanti (Nevada) Corp. s Motion to Dismiss

September 25, 2006 — (GBMW) GBMW's Response to NDEP's Motion To Dismiss

September 27, 2006 — (GBMW) GBMW's Joint Response to the SEC'S and Agnlogold's Motion To Dismiss

October 02, 2006 — (State) NDEP’S Reply to GBMW’s Response To NDEP’s Motion To Dismiss

October 09, 2006 — (AngloGold) Anglogold Ashanti's Reply to GBMW' s Response to Motion to Dismiss

Press Coverage & Public Comments

Press Coverage — March 27, 2006 (AP)

Press Coverage — March 28, 2006 (AP)

Press Coverage — March 29, 2006 (AP)

Press Coverage — July 06, 2006 (AP)

Press Coverage — July 10, 2006 (Las Vegas Sun)

Press Coverage — July 10, 2006 (RGJ)

Public Comment Letters — March 28, 2006 Letters

Additional Background

The above referenced appeal by Great Basin Mine Watch (GBMW) challenges the renewal of a Water Pollution Control Permit (NEV0087001) issued by the Nevada Division of Environmental Protection (NDEP) on July 26, 2005, to become effective on August 15, 2005. The permit authorized the permanent closure of the Big Springs Mine located in Elko County, Nevada. The Big Springs Mine is owned and operated by AngloGold Ashanti, a Nevada Corporation.

The appeal by GBWM alleges that NDEP's permit improperly permitted discharges into the North Fork of the Humboldt River (NFHR) and its tributaries. According to appeal, NDEP has failed to properly regulate all discharges at the site and has not issued a proper discharge permit for the mine and/or related point sources, as required by the federal Clean Water Act and Nevada's Water Pollution Control Law.

GBWM further alleges that NDEP has failed to comply with state water quality standards and prescribed beneficial uses and alleges that discharges are causing elevated levels of various constituents in the NFHR and its tributaries (e.g. selenium, manganese), and that these discharges are harming Lahontan Cutthroat Trout, a listed threatened species. According to the appeal, these discharges are stated to be in violation of the federal Clean Water Act and the Nevada Water Pollution Control Laws NRS 445A.300 et seq.