First Liberty Power Corp., Fencemaker Project Mining - Water Pollution Control Discharge Permit NEV2009104
Time
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Location
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10:00 A.M. November 14, 2016 | Bryan Building, Tahoe Conference Room (2nd Floor) 901 South Stewart Street Carson City, NV |
SEC Final Decision: Appeal Withdrawn
Hearing Audio, Agenda, Notices, Minutes, and Transcripts
Background of Appeal
The Fencemaker facility is located on public land in Pershing County, Nevada, within Section 10, Township 26 North, Range 37 East, Mount Diablo Baseline and Meridian, approximately 49 miles southeast of the town of Lovelock.
The Nevada Division of Environmental Protection (NDEP) originally issued Water Pollution Control Permit NEV2009104 to Stockpile Reserves, Inc. in September of 2009. On June 23, 2016, NDEP reissued the discharge permit to First Liberty Power Corp. Permit NEV2009104 authorizes the permittee to construct, operate and close the Fencemaker Project. The permit authorizes the extraction of up to 36,500 tons of ore per year.
On June 15, 2016, a request for an appeal hearing was submitted to the State Environmental Commission (SEC) signed by Mr. Steve Vogel. On September 30 a revised request for an appeal hearing was submitted.
In summary, Mr. Vogel alleges that the NDEP Water Pollution Control permit issued to First Liberty Power Corp. was affected by error of law. Specifically, Mr. Vogel alleges that First Liberty Power Corp. does not have the appropriate mineral rights or business license to be the lawful permittee for discharge permit NEV2009104.
Appeal Documents
Appellant Documents: Steve Vogel
- June 16, 2016 — Appellant Form 3
- September 29, 2016 — Appellant Opening Brief [8 pages]
- September 30, 2016 — Appellant Revised Form 3
Defendant Documents: Nevada Division of Environmental Protection
- June 4, 2016 — NDEP Permit 2009104 Fact Sheet
- June 8, 2016 — NDEP Notice of Decision
- June 23, 2016 — NEV 2009104 Water Pollution Control Permit
- October 20, 2016 — Responsive Brief
- October 20, 2016 — Responsive Brief Exhibits
State Environmental Commission Documents
- August 16, 2016 — SEC Briefing Schedule Order
- August 17, 2016 — Memo Regarding Briefing Schedule Order
- September 1, 2016 — SEC Revised Briefing Schedule Order