CHAPTER 12 CONSIDERATIONS FOR TEMPORARY MINE CLOSURE

• Jurisdiction: United States

Mine Closure, Financial Assurance, and Final Reclamation
(Nov 2009)
CHAPTER 12
CONSIDERATIONS FOR TEMPORARY MINE CLOSURE
Luke J. Russell
Coeur d'Alene Mines Corporation
VP Environmental Services
Coeur d'Alene, Idaho

Luke J. Russell has over 25 years of national and international environmental, mining, and project management experience. He is currently the VP Environmental Services for Coeur d'Alene Mines. He is responsible for project permitting, negotiating environmental agreements, compliance and environmental management systems as well as project closure planning. His experience also includes serving as a CERCLA remedial project manager with the State of Idaho. His education includes a Master of Science in Land Rehabilitation/Soil Science from Montana State University and a Bachelor of Science in Landscape Architecture from the University of Wisconsin - Madison. He and his family enjoy cowboy poetry and Idaho white-water rafting.

Temporary Closure Making Headlines

? "NovaGold suspends operations at Rock Creek" Juneau Empire November 25, 2008

? "Simplot seeks to intervene in mine challenge" The Press September 20, 2008

? "Injunction Lifted for Kensington Tailings Impoundment Following Favorable Supreme Court Ruling" CDE Press Release July 8, 2009

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Temporary Cessation

? Planned

o Seasonal Interruption in operations

o Process modifications

o Ownership changes

? Unplanned

o Weather interruption

o Financial (market volatility)

o Component failure

o Litigation

o Labor or civic disruptions

o Governmental Intervention

Temporary Closure as a Regulatory Definition

? Temporary Cessation under 43 CFR 3809.424

o For any period of time

• Must implement interim management plan

• Must not exceed 5 consecutive years

• BLM review for possible termination of plan of operations

? S 796 Mine Law Reform (Bingaman)

o Not longer than 180 days, unless:

• Secretary approved temporary cessation

• Included in exploration or mining permit

o Not to exceed 5 years

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Temporary Closure Factors

? How long is the suspension expected to last

? Does the operator have significant or little control over the termination of the conditions causing the suspension

? What is the status of the project?

o Exploration, development, construction, operation or closure?

Temporary Closure Management Considerations

? Regulatory/Permitting/Compliance

? Technical Issues

? Administrative/Stakeholder Relations

? External Stakeholder Relations

? Financial Reporting Considerations

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Temporary Closure Interim Management Plan

? 43 CFR 3809.401 (5) A plan to manage the project periods of temporary closure (including periods of seasonal closure) to prevent unnecessary of undue degradation. The interim management plan includes:

o Measures to stabilize workings

o Isolate or control toxic materials

o Storage/removal of equipment, supplies, structures

o Monitoring

o Schedule

Temporary Closure Regulatory Notification

? Notification

o Within 30 days

o Commitment to maintain facilities

o Schedule

o Environmental and water management activities

o Monitoring

? Maintain adequate financial guarantee

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Temporary Closure Example Regulatory Considerations

? Clean Water Act

o NPDES monitoring/reporting

o Storm water management

o SWPPP compliance

? Other Water Issues

o Process facilities water...