Comstock SAP Appeal
 Time
|
 Location
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|---|---|
| 9:00 A.M. April 27, 2012 The appeal was withdrawn before the hearing | Nevada Department of Wildlife, Conference Room A 1100 Valley Road Reno, NV |
SEC Final Decision: Withdrawn
- The basis for the withdrawal is contained in the attached memorandum to file prepared by the Nevada Division of Environmental Protection.
Background of Appeal
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.
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.).
On April 25, 2012 Appellant Comstock Residents Association (CRA) formally withdrew its appeal of Dayton Consolidated Exploration Project, Permit No. 0315 Sampling and Analysis.
Appeal Documents
Respondent Documents: Nevada Division of Environmental Protection
- April 05, 2012 — Response to CRA's Opening Brief, Motion to Dismiss & Witness List (32 Pages - 6MB File)
Appellant Documents: Comstock Residents Association (CRA)
- February 08, 2012 — CRA Appeal - SEC Form 3 (2 Pages)
- March 20, 2012 — Appellant CRA’s Opening Brief and Witness List (12 Pages)
- April 17, 2012 — Appellant CRA’s Reply Brief (7 Pages)
- April 25, 2012 — Notice to the SEC of CRA's Withdrawal of Appeal (3 Pages)
Intervenor Documents: Comstock Inc.
- April 05, 2012 — Motion To Dismiss (15 Pages)
- April 26, 2012 — Letter to NDEP: “NDEP Understanding and Clarification of CMI's Approved January 25, 2012, Sampling and Analysis Plan” (2 Pages)
State Environmental Commission (SEC) Documents
- March 05, 2012 — Order Regarding Briefing Schedule (2 Pages)
- March 27, 2012 — Notice of Appeal Hearing (2 Pages)
- April 19, 2012 — Hearing Agenda (2 Pages)
