SEC Appeal Hearing (Contested Case - NAC 445B.875)
Mount Hope Mining Project
Water Pollution Control Permit No NEV2008106

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This appeal has been withdrawn: On January 25, 2013 Appellant Carolyn Bailey through her attorneys of record (Schroeder Law Offices) withdrew her appeal of the above referenced water pollution control permit.

A three-member panel of the State Environmental Commission (SEC) had schedule an appeal hearing on the above referenced permit beginning on the afternoon of Wednesday, February 13, 2013 and continuing on Thursday February 14th. The appeal was to be held in Carson City, Nevada at Bryan Building, 901 South Stewart St., 2nd floor Tahoe Conference Room. As noted above, on January 25, 2013 appellant Carolyn Bailey withdrew her appeal.

About the Appeal — On December 6, 2012, Carolyn Bailey filed an appeal with the State Environmental Commission (SEC). The subject of the appeal concerns Water Pollution Control Permit No NEV2008106, which was issued by the Nevada Division of Environmental Protection (NDEP) to the Eureka Moly, LLC, for the Mount Hope mining project. Eureka Moly is planning to mine Molybdenum at the Mount Hope site; Molybdenum is a valuable mineral used in the manufacture of steel alloys.

The Mount Hope mining project is located in central Nevada about 23 miles northwest of Eureka, near U.S. Highway 278. Project components include a power transmission line, a water well field, and all associated mine-processing facilities. The mine is expected to have a project life of nearly 80 years, including work associated with reclamation. It is estimated the project will employ an average of about 400 people with a peak employment of 615 during construction. The mining project is located on 8,092 acres of public land and 263 acres of private land.

The appeal filed by appellant Bailey states that mining facilities cannot degrade the waters of the United States. The appellant notes in the appeal that waters in the vicinity of the mine would be degraded through flash flood events; and it's alleged that NDEP failed to consider such flood events when the agency issued the above referenced water pollution control permit. The appellant's appeal further contends that the concentration of pollutants left in the pit lake created by the mine, will exceed Nevada water quality standards thus impacting wildlife and migratory birds. The appellant also takes exception with NDEP's findings that the pit lake will not impact groundwater resources in the vicinity of the mine site. Finally, the appellant alleges that the quality of water anticipated for dust suppression activities will degrade waters of the United States.

Appeal Documents

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