MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING

 

      Sixty-seventh Session

      May 17, 1993

 

 

 

The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at 1:30 p.m., May 17, 1993, in Room 321 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

      Mrs. Vivian L. Freeman, Chairman

      Mr. John B. Regan, Vice Chairman

      Mr. Douglas A. Bache

      Mr. John C. Carpenter

      Ms. Marcia de Braga

      Mr. Peter G. Ernaut

      Mr. James A. Gibbons

      Mr. Roy Neighbors

      Mr. Michael A. Schneider

      Ms. Stephanie Smith

 

COMMITTEE MEMBERS ABSENT:

 

      Mr. Robert M. Sader  (Excused)

 

GUEST LEGISLATORS PRESENT:

 

      None

 

STAFF MEMBERS PRESENT:

 

      Fred Welden, Chief Deputy Research Director

 

OTHERS PRESENT:

 

      Mr. Glenn Miller, Sierra Club; Joe Johnson, Sierra Club; Tom Fronapfel, Nevada Division Environmental Protection, Bureau Chief, Bureau of Mining Regulation and Reclamation; Mike Turnipseed, State Engineer, Division of Water    Resources; John Bokich, Nevada Mining Association.

 

 

 

 

 

 

 

The meeting was called to order by Chairman Freeman.  She informed the committee a presentation and discussion of mines, reclamation and protection of ground and surface water quality would be heard.  In 1989 the Natural Resource Committee passed a bill on mining reclamation.  Members of the community and the state thought a review of the activities of those issues would be appropriate at this time said Mrs. Freeman.  She noted the meeting would be informational only.

 

Mr. Thomas Fronapfel, Bureau Chief, Bureau of Mining Regulation and Reclamation, Division of Environmental Protection, spoke from prepared testimony (Exhibit C).

 

Mr. Carpenter asked how the state of Nevada would be compensated for Mr. Fronapfel's time in helping other states with their regulations.  Mr. Fronapfel said he would be on administrative leave and all funding and costs associated with the activity would be paid by the Western Governors' Association.  Other than his time there would be no direct cost to the state of Nevada.

 

Mr. Glen Miller, Chairman of the Toiyabe Chapter, Sierra Club Committee on Mining and former national co-chairman for the Sierra Club Committee on Mining, said he had worked on mining issues for 14 years in the state of Nevada.  Mr. Miller stated his comments were from a Sierra Club perspective and he did not oppose mining and supported mining in Nevada as a productive use of land.  Mr. Miller testified from prepared testimony (Exhibit D).  He said he would like to commend the committee, the division and the industry on work done on reclamation.  The law was good and had been used as a model for other states, said Mr. Miller. 

 

Mrs. Freeman said she had attended a two day conference on water policy for the western states.  California was having a major problem due to the selenium in the water from the gold rush days when mercury was used.  She asked Mr. Miller if he saw cyanide contaminating water in Nevada to the extent of California's problem with selenium.  He said over the long term cyanide would not be the major issue.  Mr. Miller discussed the problems with acid mine drainage in Nevada.  He indicated Nevada was not collecting any money from the mines for long term management.

 

Mr. Carpenter asked where the tailing impoundment near Elko  would be which had currently leaked into the groundwater.  Mr. Miller said Garrick Canyon.  Mr. Carpenter also asked if he understood when Magma Copper opened the Ruth pit, leakage would take place at 1,000 gallons per minute.  Mr. Miller agreed and said it was in the environmental assessment.  The problems at the Ruth pit consisted of 12,000 acre feet of water which did not meet drinking water standards.  The most contaminated water body in the state of Nevada would be the Ruth pit.  Mr. Carpenter asked where the leakage was taking place.  Mr. Miller said there had not been a problem with Ruth, a heavily mined area.  Senator Reid had said Yerington was another mine water body in which there was a concern for leakage into the Walker River.  Ruth was an area in which potentially water might not move too much, but there would be no guarantee.  The water around Ruth had been heavily contaminated, but whether the pit or oxidation of sulfides historically before mining ever started or during mining caused the contamination was not known.  Mr. Carpenter said the wells drilled near the Ruth pit had never been contaminated.  Mr. Miller said he was not talking about 15 years or 150 years, but the water would be there for a millennium.  Mr. Carpenter asked what Mr. Miller would do with the pits other than closing the mines. Mr. Miller said research should be done to either fill the pits, make use of geochemical ways, line the pits or fill with garbage and use them as a chemical reducing system to control the oxidation of the sulfides.  Mr. Miller felt no one was looking at the downside of mining, only extracting gold out of the ground. 

 

Mr. Mike Turnipseed answered questions regarding the water basins in the Humboldt water system and interjection of water back into aquifers.  He said of the 10 plus mining companies going below the water table, or proposing to in the near future, the majority were interjecting back into the same groundwater basin where water was being extracted.  The first priority would be to keep things in balance, to keep the water in the same groundwater basin, and from a water quantity standpoint the balance would come back quickly.

 

Mr. Miller did not agree with Mr. Turnipseed and said the computer modeling for the Betze pit was to be at 12,000 gallons per minute flow, but the water was flowing at five times the rate or 65,000 gallons per minute.  Mr. Miller noted a standard should be used as to how much water could be lost from a geological system before a stop order would be given. 

 

Mr. Neighbors asked about health problems associated with mercury, etc.  Mr. Miller said a National Institute of Environmental Health and Safety grant to the University was being looked at and a Center for Disease Control study was to be part of the grant.  There was discussion regarding the mercury content in some fish.  

 

Mr. Ernaut stated the Carlin Gold trend was one of the most profitable mines in the country and asked if this was where most of the dewatering problems were taking place.  Mr. Miller said dewatering problems were taking place all along the Humboldt River, the Eureka to Battle Mountain trend in Crescent Valley, Getschell trend north of Winnemucca and the Carlin trend which had world class deposits of ore.  Mr. Ernaut asked Mr. Miller  what needed to be done to reverse the cycle.  Mr. Miller said he would look very hard at ways to mitigate the problems which were not being looked at right now, changing the water quality in the pits.  When mining, water quality degradation took place, which was a serious problem and had not received the focus it should.  Mr. Miller said he would not stop mining, but the public should be aware of the problems being created for the next generation.  

 

Mr. John Bokich, Manager, Environmental Resources for Independence Mining and Chairman of the Environmental Committee, Nevada Mining Association, stated the mining industry could respond at another time with a prepared statement. The investment and studies by the mining industry to address problems was unprecedented.  The mining companies were active and not waiting for tomorrow and ignoring the issues.  The regulatory and permitting requirements were also been unprecedented from what had occurred in the past.  Mr. Bokich said the mining industry had been working very closely with the regulatory agencies at the federal and state levels to address the questions.  The mining industry welcomed the input and thoughts from Mr. Miller who had given the mining industry good reasonable subjects of thought and challenges to meet in every day activities.  The mining industry had put more money back into the ground than had ever been done in the history of the country, said Mr. Bokich.  The industry was reclaiming lands ignored five years ago.  If standards were to be applied to mining they needed to be applied across the board.  Who would reclaim Reno, Las Vegas or Los Angeles 500 years from now, said Mr. Bokich. 

 

Mrs. Freeman asked Mr. Bokich to explain something about the wetlands.  Independence mining had more precipitation being one of the highest mines in Nevada.  The Corp of Engineers last year required Independence to have a permit for disturbance of wetlands and waters of the United States.  Independence mines were creating wetlands now to mitigate for wetlands lost in the previous twelve years of activities.  Wetlands would be replaced on a two for one ratio.  He said at the Big Springs mine without any regulatory knowledge, three times more wetlands had been created than Independence had disturbed.  Mr. Carpenter said something needed to be put together for a reply to Mr. Miller.  He said a comparison with the mines in Virginia City, Dayton and Ruth using today's regulations would be interesting.  How would those mines be today under the present regulations.  Mr. Carpenter would like some answers as Newmont Mines communicated entirely different in their material to Mr. Carpenter than what Mr. Miller had indicated.

 

Mrs. Freeman asked what happened to the wetlands when mining left and stopped pumping.  Mr. Bokich said at the Sleeper mine the wetlands would dry up.  Enhancement for wildlife and waterfowl over a five or ten year period was better than no enhancement at all.  The wetlands in the Independence range were designed to exist in perpetuity.

 

Ms. Smith asked if the mines led the way in research or if  state and federal regulations caused the mines to comply. Mr. Bokich said they initiated studies on many of the issues before they were required to do so.  Money was spent on mandated issues required by regulatory agencies.  He stated most of the mines were going beyond the regulatory requirements because they did not want long-term problems.  Ms. Smith asked if the mining industry only complied with the letter of the law or if the industry would go beyond the law to be beneficial.  Mr. Bokich said they did go beyond the regulations and standards set by law.  He discussed how Independence had taken care of ground- water problems. 

 

Mrs. Freeman asked if it was possible to compile a listing and perhaps a diagram of all of the wetlands created in Nevada as a result of mining and what the projected lifetime of those wetlands would be.  She would also like to know the condition of the water in those wetlands. Mr. Miller said it would be a difficult request as the loss of springs, etc. would need to be included.  The numbers would be difficult and the interpretation of a wetland would be another problem.

 

Mrs. Freeman asked how the newly appointed head of the Federal EPA would fit into the scenario and how would his efforts affect Nevada.

 

 

 

 

 

 

 

 

Mr. Tom Fronapfel said on public lands both Bureau of Land Management and Forest Service required 100 percent bonding for all costs associated with decommissioning heaps to make sure they were properly closed.  It was not required on private lands because the state did not have the authority to require bonding. Mr. Miller said the legislature should give the division authority to require bonding on private land.  Mr. Fronapfel agreed with Mr. Miller's assessment.

 

Mrs. Freeman asked how much disturbance occurred on private land.  Mr. Fronapfel said in terms of total acres of disturbance the ratio would be about 50 percent public and 50 percent private.

 

Mr. Neighbors asked about the drinking water standards in the Ely area compared to the water in the Ruth Pit.  Mr. Miller replied he did not have any reservations regarding the quality of drinking water in the Ely area.  He said the last two years there had been a detailed hydrologic discussion of what connectiveness existed between Murray Springs, a source of drinking water for the Ely area, and the Ruth Pit.  The evidence indicated the two were separate and drinking water for Ely did not appear to be threatened by this action.  Mr. Miller suggested the groundwater overall would be threatened.

 

Mr. Carpenter asked Mr. Fronapfel his views on the study Newmont Mining had put together on pit water.  Mr. Fronapfel said the department was reviewing the information as the study was available.  The Magma operation was issued one permit for the dewatering of the two existing pits in the Ruth area.  The division required extensive watering requirements on a regular basis to ensure there was no degradation of existing ground- water.  Mr. Carpenter inquired about the Gold Quarry Mine, and Mr. Fronapfel said all of the pits which contained water at closure would be evaluated in the same manner and would have permitting conditions which ensured groundwaters and surface waters would not be degraded as a result of those pit waters.  Mr. Miller said there was no intent on the part of the state or federal agencies to allow substantial degradation well below drinking water quality in those pits.  Mr. Fronapfel said the regulatory authority was now in place to ensure there were no harmful effects as the result of pit waters.  A great deal of discussion took place regarding pit waters and the effect of ground and surface waters on wildlife.

 

 

 

 

 

 

 

 

Mrs. Freeman asked the committee members to consider drafting a bill for this session on an emergency basis if they felt it would be important to this issue.  She informed the members if they had any reports or something to consider before the end of the session, the committee would have time for informational meetings.  She thanked the participants for their time and information.

 

 

There being no further business to come before committee, the meeting was adjourned at 3:00 p.m.

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      PAT MENATH

      Committee Secretary

 

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Assembly Committee on Natural Resources, Agriculture and Mining

May 17, 1993

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