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From page 115... ... 5 Virginia's Regulatory Framework Mining projects in the United States, including gold projects, require numerous permits and approvals issued by a combination of federal, state, and local government agencies that are designed to help protect public health and the environment, among other goals (see Table 5-1) Read the entire page →
From page 116... ... 116 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA TABLE 5-1 Various Agencies and Their Role in Permitting and Regulating Gold Mines in Virginia State/Federal Agency Role in Regulation Federal U.S. Army Corps of Engineers Discharge of dredged or fill material into waters of the United States, including jurisdictional wetlands. Read the entire page →
From page 117... ... VIRGINIA'S REGULATORY FRAMEWORK 117 BOX 5-1 Federal, State, and Local Oversight in Regulation of Gold Mines In U.S. environmental law, there is a long-standing commitment to "cooperative federalism," meaning that regulatory authority is shared by the state and the federal government. Read the entire page →
From page 118... ... 118 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA BOX 5-3 NEPA EIS Aids Permitting Process for a South Carolina Gold Mine An environmental impact statement (EIS) for the Haile Gold Mine in South Carolina was completed in 2014 and a supplemental EIS for a permit modification was completed 2022. Read the entire page →
From page 119... ... VIRGINIA'S REGULATORY FRAMEWORK 119 STATE ENVIRONMENTAL REVIEWS A federal review of environmental impacts would not be required to issue permits for a project on private lands in Virginia unless a federally issued permit or authorization were deemed to be a major federal action. If, however, mining is proposed to occur on state-owned land, the project proponent is responsible for preparing an EIS and submitting it to Virginia DEQ in a 1-year timeframe (Virginia DMME, 2007) Read the entire page →
From page 120... ... 120 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA TABLE 5-3 Typical Components of a VA EIR for Mining on State-Owned Lands Components of EIR Details 1. Purpose and need for proposed activities 2. Description of the baseline settings for Physical conditions: topography, timber and other vegetation, geology, soils, environmental factors hydrology, flood potential, climate, and air quality Biological conditions: terrestrial and aquatic ecosystems, wetlands, and threatened or endangered species Socioeconomic conditions: location, size, and distribution of existing population and labor force; existing land uses, community facilities, and transportation infrastructure; and historical, archaeological, recreational, or scenic sites 3. Description of the proposed actions and Site access and preparation; conduct of exploration, extraction, and related alternatives activities; and deactivation of activities and land reclamation 4. Description of potential impacts to Polluting substances which may be employed or may result from the operation environmental factors (above) , from the and the plan for use, reuse, recycling, or disposal of all substances proposed activities, methods, or plans The nature, size, and expected duration of operations that will produce adverse noise levels or be visible from any public roadways, use areas, or viewpoint The location, length, and width of all roadways that would be constructed, or the anticipated use, upgrades, or repairs required for existing roadways Areas requiring the clearing of timber, brush, or undergrowth and the value of the timber, total forest cover, and disposition of proceeds Ground-disturbing activities that may occur (like excavation, drilling, and mining facilities) Read the entire page →
From page 121... ... VIRGINIA'S REGULATORY FRAMEWORK 121 ozone, lead, and particle pollution4 (EPA Region 10, 2003) Read the entire page →
From page 122... ... 122 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA A major source of HAPs is defined as one that has the potential to emit 10 tons or more of one HAP, or 25 tons or more of a combination of HAPs, per year. The SEIS for the Haile Gold Mine in South Carolina estimates that emissions of HAP are less than the federal major source thresholds (USACE, 2022) Read the entire page →
From page 123... ... VIRGINIA'S REGULATORY FRAMEWORK 123 TABLE 5-4 Virginia's Surface Water Quality Criteria for Protection of Freshwater Aquatic Life and Human Health for Chemicals of Concern to This Study Freshwater Aquatic Life Human Health Contaminant Acute Chronic Public Water Supply All Other Surface Waters Ammonia (μg/L) Dependent on pH, Dependent on pH, temperature, and biota temperature, and biota Antimony (μg/L) Read the entire page →
From page 124... ... 124 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA TABLE 5-5 Statewide and Province-Specific Groundwater Standards and Nonenforceable Criteria Constituent Concentration Arsenic 50 μg/L Cadmium 0.4 μg/L Copper 1000 μg/L Cyanide 5 μg/L Lead 50 μg/L Mercury 0.05 μg/L Selenium 10 μg/L Zinc 50 μg/L pHa 5.5–8.5 Ammoniaa 25 μg/L Nitritea 25 μg/L Nitratea 5,000 μg/L Alkalinityb 10,000–200,000 μg/L TDSb 250,000 μg/L Sulfateb 25,000 μg/L Ironb 300 μg/L Manganeseb 50 μg/L NOTE: TDS = total dissolved solid. a Groundwater standards only applicable to the Piedmont and Blue Ridge regions. Read the entire page →
From page 125... ... VIRGINIA'S REGULATORY FRAMEWORK 125 Virginia, where average annual precipitation is almost always going to exceed evaporation, treated wastewaters would likely be discharged into surface waters (40 CFR § 440.103(c) Read the entire page →
From page 126... ... 126 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA TABLE 5-7 Comparison of Mixing Zone Requirements in Selected States State Definitions Size Parameters Virginia Mixing zone: The area Mixing zones: Effluent limits for any toxic where chronic criteria can be • Width must be less than one-half of the impact, including whole effluent exceeded, but acute criteria width of the receiving watercourse. toxicity (WET) Read the entire page →
From page 127... ... VIRGINIA'S REGULATORY FRAMEWORK 127 TABLE 5-7 Continued State Definitions Size Parameters Montana Mixing zones: The area Mixing zones are required to have the Specific parameters not excluded where chronic aquatic life smallest practicable size, a minimum (ARM 17.30.505) Read the entire page →
From page 128... ... 128 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA FIGURE 5-1 Major state watersheds in Virginia. Overlain on the map are historic gold mines (red dots) Read the entire page →
From page 129... ... VIRGINIA'S REGULATORY FRAMEWORK 129 Safe Drinking Water Act The Safe Drinking Water Act (SDWA) protects the quality of drinking water. Read the entire page →
From page 130... ... 130 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA TABLE 5-9 Codes, Regulations, Guidance Documents, and Policies Relevant to This Study Document Title Part/Agency Chapter Code of Virginia Title 45.2: Mines, Part A Mineral Mines Chapter 12. Read the entire page →
From page 131... ... VIRGINIA'S REGULATORY FRAMEWORK 131 TABLE 5-10 Permitting Categories for Mineral Mining Activities in Virginia Required Components for Permitting Mining Activity Mining Financial Category Definition of Activity Permit? Assurance? Read the entire page →
From page 132... ... 132 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA as required by Virginia DEQ and Department of Conservation and Recreation (DCR) Read the entire page →
From page 133... ... VIRGINIA'S REGULATORY FRAMEWORK 133 TABLE 5-11 Exemptions for Small Mines and Exploration on State or Private Lands in Selected States State Public Notice for Exploration Permit for Exploration Exemptions for Small Mines Virginia No public notification or hearing A mineral mining permit and A Restricted Mining Permit applies for exploration drilling (exempt financial assurance are required for if less than 1 acre of land is activity) Read the entire page →
From page 134... ... 134 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA TABLE 5-11 Continued State Public Notice for Exploration Permit for Exploration Exemptions for Small Mines Idaho No public notice required for Exploration operations may None. All surface mines operated exploration activities. Read the entire page →
From page 135... ... VIRGINIA'S REGULATORY FRAMEWORK 135 impacts from insufficient project designs, operational, and/or reclamation practices, the exempt "Small Miner" operations may not utilize cyanide or other metal leaching agents without obtaining a full mine operating permit and providing a performance bond for the leaching facility portions of the site (ARM 17.24.185) Read the entire page →
From page 136... ... 136 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA Virginia. In contrast, processing facilities that are not located on-site with active mining or extraction ("toll mills") Read the entire page →
From page 137... ... VIRGINIA'S REGULATORY FRAMEWORK 137 TABLE 5-12 Required Components of Mineral Mining Plan in Virginia Administrative Information Permit/license application Public notification Relinquishment/succession Permit fees and bond fees Operations Plan Methods for mining and processing Topsoil handling and storage plan Spoil, overburden, and waste rock handling and disposal plan Plan for stockpiles, equipment storage, and maintenance areas Cut and fill slopes plan A copy of the Virginia Department of Transportation land use permit for roadways Plan for storage and disposal of scrap materials, service products, and solid/hazardous wastes Impoundments plan Drainage Plan Narrative of drainage system to be constructed before, during, and after mining A map or overlay showing the natural drainage system Design, maintenance, and abandonment plan for all sediment and drainage control structures Reclamation Plan Postmining land use plan Backfilling and regrading plan Revegetation plan Plans for closing or securing all entrances and reclaiming the surface areas of underground mines Maps and Figures Maps, cross-sections, and construction specifications of mine Map of all properties, and their owners, within 1,000 feet of the permit boundary Map of sensitive features within 500 feet of permit boundary Map of wetlands and riparian buffers that have been previously delineated Technical Studies Hydrologic studies and a plan to minimize adverse effects on water quality of quantity Preblast survey Wetland investigations SOURCE: Permit Application Checklist, Form DMM-148. Each application for a permit must be accompanied by a Mineral Mining Plan, which consists of separate documents for operations, drainage, and reclamation plans, along with supporting studies, maps, and figures. Read the entire page →
From page 138... ... 138 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA documents, and familiarity with current best practices to thoroughly review the permit application, identify potential flaws with the proposed plans for all stages of the project life cycle, and assess the adequacy of baseline information to support the plans. The Mineral Mining Program provides the primary adequacy review for the mining application, but the expertise of other government agencies and organizations, or their private contractors and consultants, may be necessary. Read the entire page →
From page 139... ... VIRGINIA'S REGULATORY FRAMEWORK 139 Operations and Drainage Plans In addition to the administrative information, maps, and technical studies described above, an application for a permit requires plans for both operations and drainage. Table 5-13 indicates the performance standards that would apply to all gold mining operations and drainage plans. Read the entire page →
From page 140... ... 140 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA TABLE 5-13 Performance Standards for Operations Plan and Drainage Plan in Virginia Air Quality "Sources of dust shall be wetted down unless controlled by dry collection measures" (4VAC25-40-740) Read the entire page →
From page 141... ... VIRGINIA'S REGULATORY FRAMEWORK 141 TABLE 15-13 Continued Processing Methods, Codes and regulations do not limit the processing methods, process solutions, or chemical reagents Solutions, and Reagents that may be used in gold mining operations. Protected Structures and "Mining activities shall be conducted in a manner that protects state waters, cemeteries, oil and gas Sensitive Features wells, underground mines, public utilities and utility lines, buildings, roads, schools, churches, and occupied dwellings" (4VAC25-31-330) Read the entire page →
From page 142... ... 142 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA The aquatic life criteria in Virginia are consistent with the levels established by EPA for free cyanide (EPA, 2022j) and have been adopted by many states (e.g., Alaska,13 Idaho, Montana, Nevada, and South Carolina) Read the entire page →
From page 143... ... VIRGINIA'S REGULATORY FRAMEWORK 143 impoundment designs and plans (4VAC25-31-500) Read the entire page →
From page 144... ... 144 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA TABLE 5-14 Summary of Impoundment Requirements, Where Categories A, B, and C Are Determined Based on the Height Above Ground Level or the Volume of Material Impounded Impoundment Subcategory A Impoundment Subcategory B Impoundment Subcategory C Description "Structures that impound water Impoundments above the natural Impoundments with impounding or sediment to a height of 5 ground surface that do not meet capability created solely by feet or more above the lowest or exceed the size criteria of excavation (all contained below natural ground area within the Subcategory A natural ground surface) Read the entire page →
From page 145... ... VIRGINIA'S REGULATORY FRAMEWORK 145 TABLE 5-14 Continued Impoundment Subcategory A Impoundment Subcategory B Impoundment Subcategory C Closure "Closed and abandoned in a "Closed and abandoned to "Closed and abandoned to manner that ensures continued ensure continued stability ensure continued stability stability and compatibility with the and compatibility with the and compatibility with the postmining land use." postmining use." postmining use." Inspections Inspected and maintained "Inspected and maintained to "Inspected and maintained to to ensure that all structures ensure proper functioning." ensure proper functioning." function to design specifications. "Impoundments shall be inspected at least daily by a qualified person . Read the entire page →
From page 146... ... 146 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA FIGURE 5-2 Statewide map of the 48-hour, 1,000-square mile probable maximum precipitation from tropical storms. SOURCE: Virginia DCR (2022a) Read the entire page →
From page 147... ... VIRGINIA'S REGULATORY FRAMEWORK 147 Finally, Virginia requirements for seismic design also are ambiguous and incompatible with best practices. Similar to flood and rainfall design levels, where design is based on probabilistic evaluations (e.g., rainfall from a 50-year storm) Read the entire page →
From page 148... ... 148 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA TABLE 5-16 Performance Standards for Reclamation Plan, Vegetation, and Bond Release Criteria for Concluded Mining Activities in Virginia Acidic Material "All acid material encountered during the mining operation shall be properly controlled to prevent adverse impacts on surface or groundwater quality. Upon completion of mining, acid materials shall be covered with a material capable of shielding them and supporting plant cover in accordance with the approved reclamation plan. Read the entire page →
From page 149... ... VIRGINIA'S REGULATORY FRAMEWORK 149 TABLE 15-16 Continued Vegetation (Monitoring and Bond "The division's final inspection for bond release shall assess the adequacy of vegetation and Release Criteria) shall be made no sooner than two growing seasons after the last seeding. Read the entire page →
From page 150... ... 150 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA modified the requirements for reclamation plans, disallowing the option for perpetual water treatment. With a few exceptional circumstances, "a new or amended permit must demonstrate, by substantial evidence, a reasonably foreseeable end date for any water quality treatment necessary to ensure compliance with applicable water quality standards" (CRS § 34-32-116(7) Read the entire page →
From page 151... ... VIRGINIA'S REGULATORY FRAMEWORK 151 bonding mechanisms are not employed by the Bureau of Land Management or the U.S. Forest Service. Read the entire page →
From page 152... ... 152 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA cited by Virginia Energy. Virginia's bonding might be appropriate for operations that have a low potential for extensive environmental impacts and thus for which land surface restoration is likely to be low cost (e.g., backfilling, grading, soil placement, revegetation) Read the entire page →
From page 153... ... VIRGINIA'S REGULATORY FRAMEWORK 153 TABLE 5-17 Bond Calculations in Selected States Alaska The permitting commissioner "shall require an individual financial assurance in an amount not to exceed an amount reasonably necessary to ensure the faithful performance of the requirements of the approved reclamation plan." The maximum amount of $750/acre is applied for some mineral mines, but that bond limitation does not apply to a lode mine (i.e., lode mines are bonded at full, real cost estimates) Read the entire page →
From page 154... ... 154 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA Some states, including Arizona, California, Idaho, South Carolina, and Montana, do not accept or administer a bond pool as financial assurance for reclamation costs. Other states, including Nevada and Alaska, accept pool bonding as one type of bonding mechanism, but apply more prescriptive stipulations to pool members. Read the entire page →
From page 155... ... VIRGINIA'S REGULATORY FRAMEWORK 155 provide guidance for determining the adequacy of reclamation methods and revegetation after at least 2 years of establishment. However, guidance is less clear about bond release criteria for postclosure water management and mitigations, which might include active or passive treatment systems. Read the entire page →
From page 156... ... 156 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA surface areas, Montana requires that annual reports include, if applicable, an inventory of available soil and reclamation materials; water balance analysis for all operations that use cyanide or metal-leaching agents or have the potential to generate acid; a comprehensive evaluation of water monitoring reports submitted throughout the year, including trend analyses for key site-specific parameters; updated accounting for cultural resource mitigations or management; monitoring results, material balances, and other information pertaining to geologic conditions; and an evaluation of monitoring and testing data required in the permit for sites that use cyanide or metal-leaching agents, reagent neutralization, or develop acid rock drainage or similar occurrences (ARM 17.24.118) Read the entire page →
From page 157... ... VIRGINIA'S REGULATORY FRAMEWORK 157 work during construction and installation may lead to future problems, like leaks or malfunctions in liner systems, or the failure of fill slopes or impoundments (Porter, 1997) Read the entire page →
From page 158... ... 158 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA establishes a reasonable time frame within which the operator is required to comply with the order (§ 45.2-1213 of the Code of Virginia) Read the entire page →
From page 159... ... VIRGINIA'S REGULATORY FRAMEWORK 159 Inactive or Abandoned Operations Virginia regulations require the permittee to send notice of intent to stop the working of an underground mine for a period of 30 days, or a surface mine for a period of 60 days. This notice must occur at least 10 days prior to the intended discontinuation, or whenever the mine becomes inactive (§ 45.2-1130 of the Code of Virginia) Read the entire page →
From page 160... ... 160 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA a recurring theme expressed by many community members was frustration and anger over the lack of communication and information provided by local and state officials regarding exploration activities in Buckingham County. Community members highlighted a variety of obstacles that hindered their ability to participate meaningfully and provide input into decisions regarding possible gold mining near their community. Read the entire page →
From page 161... ... VIRGINIA'S REGULATORY FRAMEWORK 161 FIGURE 5-4 Traditional tribal territories and languages in Virginia. SOURCE: Image from UVA (2022) Read the entire page →
From page 162... ... 162 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA In summary, federal, state, and industry entities have all indicated support for ongoing and meaningful tribal consultation. In practice, this includes an opportunity for review and comment on mining projects at the earliest possible stage, invitations for tribes to be cooperating agencies in preparation of environmental reviews, read receipts for emails sent to notify indigenous leaders, groups, and nongovernmental organizations of exploration and mining activity, as well as a variety of other forms of communication. Read the entire page →
From page 163... ... VIRGINIA'S REGULATORY FRAMEWORK 163 a website that describes and explains the proposed project and houses project-related information and documents that the public can view and download. There are also prescribed public notice and comment opportunities at multiple times during the NEPA process. Read the entire page →
From page 164... ... 164 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA about the operation can be publicly addressed. A hearing may be the first opportunity for the public and other stakeholders to learn about details of the project and formulate their questions and concerns, but this may not occur if the hearing is not requested within the 10-day timeframe. Read the entire page →
From page 165... ... VIRGINIA'S REGULATORY FRAMEWORK 165 Review of Impacts Virginia's current regulatory system lacks an effective and consistent process for review of environmental impacts from potential gold mining projects. As a result, it is unlikely that a robust collection, evaluation, and review of site-specific data regarding potential impacts of gold mining activities and their impact on the public health and welfare of surrounding communities will take place. Read the entire page →
From page 166... ... 166 THE POTENTIAL IMPACTS OF GOLD MINING IN VIRGINIA Financial Assurance Virginia's bonding requirements are insufficient to cover the costs of reclamation and long-term stewardship of gold mining and processing operations, which poses a fiscal and environmental risk to the Commonwealth in the case of the bankruptcy of mining enterprises or abandonment of their mining sites. • Bonding rates: Virginia's bonding rates are based solely on disturbed acreage. Read the entire page →
From page 167... ... VIRGINIA'S REGULATORY FRAMEWORK 167 regulatory entities is critical for protecting air quality and water quality, particularly when evaluating, permitting, and monitoring compliance for stormwater and process water management, treatment technologies, and methods for discharge. Given the lack of experience of Virginia regulatory entities in regulating metal and gold mining, regulators' current expertise and familiarity with best practices may be limited. Read the entire page →

From page 115...

... 5 Virginia's Regulatory Framework Mining projects in the United States, including gold projects, require numerous permits and approvals issued by a combination of federal, state, and local government agencies that are designed to help protect public health and the environment, among other goals (see Table 5-1)