Comstock Mining Inc. Dayton Consolidated Exploration Project Permit #0315
 Time
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 Location
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| 9:00 A.M. February 16, 2012 | Nevada Department of Wildlife, Conference Room A 1100 Valley Road Reno, NV |
SEC Final Decision: Permit Upheld
Hearing Audio, Agenda, Notices, Minutes, and Transcripts
Background of Appeal
In July 2011, Comstock Mining Inc. applied for an exploration permit from the Nevada Division of Environmental Protection (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. Anticipated surface disturbance would occur from construction of exploration roads and drill pads and sumps; all proposed activities are on private lands. On October 10, 2011 NDEP issued a Notice of Intent (NOI) for the project. The NOI recognized the project area had pre-existing disturbance associate with historic pre-1990 mining activities. With issuance of the NOI the NDEP scheduled a public hearing on the project, which was subsequently held on November 16, 2011.
On December 20, 2011 NDEP issued a “Notice of Final Decision” for the project by issuing Reclamation Permit (No #0315) to Comstock Mining In. The permit became effective on December 31, 2011. Of note, the NDEP's decision notice contains responses to all public comments submitted on the project. NDEP's Notice of Intent (NOI), Notice of Final Decision and the Final Permit #0315 are presented below. In addition NDEP's PowerPoint presentation given at the above referenced public hearing along with a verbatim transcript is also provided below.
Following NDEP's decision, the Comstock Residents Association (CRA) appealed NDEP's permit decision; the appeal was filed with the State Environmental Commission on December 20, 2011.
About the Appeal
The CRS appeal made note of the historic mills and mines located in the project areas noting that such sites are the source of mercury, arsenic and lead contamination. It was purported that unique hazards resulting from exploratory mining within the Carson River Mercury Site (Nevada's only Superfund Site) would be disturbed by exploration and reclamation activities associated with the permit. The appeal stated that “prior to the issuing of any permit, the NDEP should determine the extent of the hazard, require the development of a mitigation plan and then consider whether the project should go forward.”
The appeal states that a Sampling and Analysis Plan (SAP) for testing mine wastes and/or mill tailings disturbed by historic exploration activities would not take into account mercury deposits throughout the project area. It was further noted that “NDEP's response to comments made at the Public Hearing on the draft permit stated that the SAP would be applicable to historic disturbed areas, however the permit conditions provide no mechanism for assuring that the evaluation of historic areas would continue upon the expiration of the permit.” The CRA appeal also suggested that a management plan for addressing hazardous waste was not addressed. Other concerns expressed suggest the narrow scope of the permit creates a “regulatory blind spot” that obscures potential harm to the environment and the health and safety of the public.
Appeal Documents
Respondent Documents: Nevada Division of Environmental Protection
- October 12, 2011 — Notice of Intent (2 Pages)
- November 16, 2011 — NDEP public hearing staff presentation [2.5 MB PDF file—25 slides]
- November 16, 2011 — Pubic Hearing Transcript [76 Pages 900 KB]
- December 20, 2011 — Notice of Final Decision (Includes response to public comments - 9 Pages PDF)
- December 20, 2011 — Final Permit 0315 (10 Pages PDF)
- December 20, 2011 — NDEP Letter: Dayton Consolidated Project Surety Decision / Schedule of Compliance (2 Page PDF)
- January 13, 2012 — Letter to the SEC, Dayton Consolidated Exploration Permit Appeal (2 Page PDF)
- January 13, 2012 — Motion To Dismiss Appeal (10 Page PDF)
Appellant Documents: Comstock Residents Association (CRA)
- December 30, 2011 — Appeal - SEC Form 3 (2 Page PDF)
- February 08, 2012 — Appellant CRA Response to NDEP’s Motion to Dimiss and CMI’s Joinder (10 Pages PDF)
Intervenor Documents: Comstock Mining Inc.
- January 09, 2012 — Request to Intervene (2 Page PDF)
- February 03, 2012 — Comstock Mining, Inc's Response Supporting and joining NDEP's Motion to Dismiss CRA's Appeal (9 Page PDF)
State Environmental Commission (SEC) Documents
- January 19, 2012 — Order Granting Petition to Intervene (2 Page PDF)
- January 23, 2012 — SEC Directive: Appeal of Dayton Consolidated Exploration Project Permit 0315 Deadlines (3 Page PDF)
- January 24, 2012 — Appeal Hearing Notice (2 Page PDF)
- February 09, 2012 — Appeal Hearing Agenda (2 Page PDF)
- March 15, 2012 — Order Granting Motion to Dismiss Appeal (2 Page PDF)
Press Accounts
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February 19, 2012 — [Comstock Mining] Mine foes: Fight not over: Group plans to pursue new appeal
