Comstock SAP Appeal
Appeal Withdrawn — On April 25, 2012 Appellant Comstock Residents Association (CRA) formally withdrew its appeal of Dayton Consolidated Exploration Project, Permit No. 0315 Sampling and Analysis.
The basis for the withdrawal is contained in the attached memorandum to file prepared by the Nevada Division of Environmental Protection.
Past Update — On March 5, 2012 the SEC ordered briefs for this appeal and it will be heard on April 27, 2012 at the Nevada Dept. of Wildlife in Reno. However as noted above the appeal was withdrawan on April 25, 2012.
Historical Background — This webpage provides information about a second appeal filed with the State Environmental Commission involving Comstock Mining Inc. the Division of Environmental Protection (NDEP), and the Comstock Residents Association (CRA). As way of background, in July 2011 Comstock Mining Inc. applied for an exploration permit from NDEP for the Dayton Consolidated Exploration project in Lyon County, Nevada (i.e., in the vicinity of Silver City, Nevada). The exploration permit covers 23.0 acres. On December 20, 2011 NDEP issued a "Notice of Final Decision" for the project by issuing Reclamation Permit (No #0315) to Comstock Mining Inc. The permit became effective on December 31, 2011.
Following NDEP's decision, CRA appealed NDEP's permit decision to the State Environmental Commission; the appeal was filed on December 30, 2011. Subsequent to these actions, a three-member panel of the SEC conducted an appeal hearing on February 16, 2012 at the Nevada Department of Wildlife in Reno, Nevada. After hearing from all parties the Commission dismissed the appeal through acceptance of the motion to dismiss presented by counsel for NDEP. All of the information about this first appeal is located on the SEC's website.
About the Second Appeal — On February 8, 2012, CRA issued a second appeal. This second appeal concerns implementation of a Sampling and Analysis Plan (SAP), which is a "Specific Requirement" of NDEP's above referenced reclamation permit # 0315. In brief, this "permit" contains a "Special Requirement" that requires Comstock Mining Inc. to submit (for review and approval) a Sampling and Analysis Plan (SAP) to NDEP's Bureau of Corrective Actions. This "SAP", must include operating procedures for exploration activities that may disturb mine wastes and/or mill tailings within the Carson River Mercury Superfund Site (CRMSS). Of note, according to the above referenced permit, NDEP's approved SAP shall be implemented prior to any mineral exploration activities within the CRMSS (i.e., by Comstock Inc.).