Renewal of Water Pollution Control Permit NEV2008106 Eureka Moly, LLC – Mount Hope Mining Project
Time
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Location
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9:00 A.M. September 4, 2019 | Nevada Division of Environmental Protection, Bryan Building, Second Floor Tahoe Conference Room 901 South Stewart Street Carson City, Nevada 89701 |
SEC Final Decision: Permit Upheld
Hearing Audio, Agenda, Notices, Minutes, and Transcripts
- Prehearing Conference Agenda
- Prehearing Conference Audio
- Agenda for Continued Prehearing Conference, June 20, 2019
- Continued Prehearing Conference Audio, June 20, 2019
- Appeal Hearing Agenda, September 4, 2019
- Appeal Hearing Audio, September 4, 2019
- Prehearing Conference Meeting Minutes, May 1, 2019
- Continued Prehearing Conference Meeting Minutes, June 20, 2019
- Appeal Hearing Transcript September 4, 2019
Background of Appeal
On November 16, 2018, a request for an appeal hearing was submitted to the SEC by Great Basin Resource Watch (GBRW). On April 11, 2019, NDEP submitted a motion to vacate the scheduled appeal hearing and instead, convene for a prehearing conference. This request was unopposed. The prehearing conference was held on May 1, 2019 and continued on June 20, 2019 following a request by NDEP to amend its motion to dismiss the appeal hearing. During the prehearing conference the SEC ruled to deny NDEP’s motion to dismiss and a date of September 4, 2019 was set for the appeal hearing.
In summary, GBRW alleges that the NDEP Water Pollution Control permit renewal issued to Eureka Moly, LLC for the Mount Hope project is subject to appeal based upon the NDEP determination that there is no degradation of waters of the State, that closure cannot be ensured due to an inadequate mine plan, that there has been no exemption to Eureka Molly, LLC, and that NDEP determined the pit lake will cause no harm.
Appeal Documents
Appellant Documents: Great Basin Resource Watch, LLC
- November 16, 2018 — Appellant Form 3 – Request for an Appeal Hearing
- November 26, 2018 — Appeal Hearing Request Suppliment to Form 3
- November 26, 2018 — Appellant’s Opening Brief
April 11, 2019 - Appellant's Reply Brief
May 29, 2019 - Appellant's Brief in Response to NDEP Amended Motion to Dismiss
Defendant Documents: Nevada Division of Environmental Protection
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November 1, 2018 — Mt. Hope Permit Fact Sheet
November 21, 2018 — Renewal of Permit NEV2008106
November 6, 2018 — Decision to renew Water Pollution Control Permit NEV2008106
March 28, 2019 — NDEP Responsive Brief
April 11, 2019 — Motion to Dismiss
April 11, 2019 — Unopposed Motion for Prehearing Conference
May 15, 2019 — Amended Motion to Dismiss
June 12, 2019 — NDEP Reply Brief in Support of Amended Motion to Dismiss
State Environmental Commission Documents
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February 1, 2019 — Order Regarding Briefing Schedule
March 19, 2019 — Hearing Notice
May 3, 2019 — Order Setting Continued Prehearing Conference and Briefing Schedule
May 8, 2019 — Continued Prehearing Conference Notice
July 15, 2019 — Order Denying NDEP Amended Motion to Dismiss
July 23, 2019 — Hearing Notice for September 4, 2019 Appeal Hearing
October 4, 2019 — SEC Order Affirming NDEP Decision to Renew Water Pollution Control Permit