Silver Peak Lithium Project Water Pollution Control Permit NEV0070005

Time	Location
10:00 A.M. September 25, 2013	Bryan Building, Tahoe Conference Room (2nd Floor) 901 South Stewart Street Carson City, NV

Hearing Audio, Notices, Minutes, and Transcripts

• Notice of Appeal Hearing: Water Pollution Control Permit No. NEV0070005
• Appeal Hearing Agenda
• Audio file

Background of Appeal

On June 7, 2012, the Nevada Division of Environmental Protection (NDEP) issued a renewal of Water Pollution Control Permit NEV0070005 to the Chemetall Foote Corporation; the company is now known as Rockwood Lithium Inc. This permit authorizes the construction, operation, and closure of an approved chemical process facility at the Silver Peak Lithium Project site in Silver Peak, Esmeralda County, Nevada. The Permit became effective June 22, 2012.

The project consists of a solution mining and chemical process facility, designed to extract lithium from brines beneath the Clayton Valley playa, with a maximum permitted production rate of 6,000 tons of lithium carbonate per year. The facility is comprised of numerous deep wells, solar evaporation ponds, lime sludge pond, process plants, stockpiled salt dumps, and appurtenances such as the lime slaker. Facilities are required to be designed, constructed, operated, and closed without any discharge of fluids, or release in excess of those standards established in state regulation except for meteorological events which exceed the design storm event.

On August 18, 2012, after initially filing an appeal on an expired SEC Form 3, the Silver Peak Ad Hoc Advisory Committee (SPAHAC) filed a proper appeal with SEC; the appeal was signed by Mr. Paul Rupp.

In general, SPAHAC argues that the Permit does not protect the health and safety of the public or the environment and it violates SPAHC constitutional or statutory rights. In the appeal, SPAHAC refers to its inalienable rights and cites to its rights in acquiring, possessing and protecting property and pursuing and obtaining safety and happiness. SPAHAC further states in their appeal that the permit is void on its face because it grants authority allowing the tainting of water and lands that residents drink, cook and bathe in, and land that residents live and grow food on, and children play on. Lastly SPAHAC alleges that NDEP failed to provide timely information as requested by SPAHAC with respect to water and soil test results at the above referenced facility.

Appeal Documents

Appellant Documents

• June 18, 2012 — Appellant Form 3
• June 25, 2012 — SEC Correspondence, Appeal of Nevada Division of Environmental Protection’s Water Pollution Control Permit for the Silver Peak Lithium Project – NEV0070005 [5 Pages]
• August 18, 2012 — SEC Form 3, submitted by Paul Rupp, Ana C. Rupp, and Dehnert Queen [11 Pages]
• June 28, 2013 — Notice from Appellant titled ” ROCKWOOD CHEMICAL SPILL, APRIL 29, 2013; FAILURE OF NV-DEP'S Standard Operating Procedures (SOP’s)” [7 Pages]
• April 29, 2013 — NOTICE Via fax and USPS certified mail to Nevada Division of Environmental Protection RE: SPILL REPORT [1 Pages]
• September 19, 2013 — Appellant's List of Exhibits and Witnesses [1 Page] 
• September 25, 2013 — Appellant's Submittals
  • Submittal: Dehnert Queen Email [50 Pages]
  • Submittal: Paul Rupp Email [6 Pages]

Intervener Documents 

• October 19, 2012 — Petition to Intervene in Appeal of Water Pollution Control Permit NEV00070005. Submitted by Parson Behle & Latimer on behalf of Rockwood Lithium Inc., formerly known as Chemetall Foote Corporation [3 Pages]
• May 24, 2013 — Motion to Dismiss Appeal [3 Pages]
• June 18, 2013 — Second Motion to Dismiss Appeal [3 Pages]
• July 08, 2013 — Response to Additional Request for Extension of Time [2 Pages]
• July 08, 2013 — Intervener's Joiner in NDEP's Brief in Response to Documents Filed by Appellant [2 Pages]
• July 08, 2013 — Intervener's Response to Order Vacating Hearing Date and Request for New Date for Exchange of Witness and Exhibit Lists [2 Pages]
• September 19, 2013 — Intervener's List of Exhibits and Witnesses [3 Pages]
• September 25, 2013 —Intervener's Exhibit [27 Pages]

Nevada Division of Environmental Protection Documents

• September 20, 2012 — Motion to Dismiss Appeal, or Alternatively, for Briefing Schedule [36 Pages]
• May 29, 2013 — Renewed Motion to Dismiss Appeal [3 Pages]
• May 19, 2012 — Notice of Proposed Action — Application for a renewal of a Water Pollution Control Permit NEV0070005 for the Silver Peak Lithium Project [2 Pages]
• June 28, 2013 — Request For Extension of Time to File Responsive Brief [2 Pages]
• June 07, 2012 — Notice of Decision - Water Pollution Control Permit NEV0070005 issued to Chemetall Foote Corporation [4 Pages]
• July 03, 2013 — Brief in Response to Documents Filed By Appellant [6 Pages]
  • Exhibit A [12 Pages]
  • Exhibit B [2 Pages]
• September 19, 2013 — NDEP's List of Exhibits and Witnesses [2 Pages] 
• September 25, 2013 — State's Exhibit [27 Pages] 

State Environmental Commission Documents

• June 25, 2012 — SEC Correspondence, Appeal of Nevada Division of Environmental Protection’s Water Pollution Control Permit for the Silver Peak Lithium Project – NEV0070005 [5 Pages]
• March 19, 2013 — Order Granting Petition to Intervene [2 Pages]
• March 21, 2013 — SEC Cover Memo
• March 21, 2013 — Order Regarding Briefing Schedule [3 Pages]
• May 01, 2013 — SEC Cover Memo
• May 01, 2013 — Second Amended Order Regarding Briefing Schedule
• June 05, 2013 — Third Amended Order Regarding Briefing Schedule [5 Pages]
• June 10, 2013 — Hearing Notice [11 Pages with SEC's Rules of Pratice - NAC445b.875]
• July 01, 2013 — Order Granting NDEP's Request To Extend Time To File Brief [2 Pages]
• July 08, 2013 — Order Granting Continuance and Scheduling New Hearing Date [2 Pages]
• August 26, 2013 — SEC Order Scheduling Information Exchange & Hearing Date