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Guidebook for Evaluating Mining Project EIAs - ELAW

Guidebook for Evaluating Mining Project EIAs1st EditionJuly 2010 Environmental Law Alliance Worldwide (ELAW), Eugene OR 97403 2010 by Environmental Law Alliance Worldwide All rights reservedCover image: Bingham Canyon Mine, Library of Congress, by Andreas FeiningerPage design and production by Joshua Keith VincentISBN# 978-0-9821214-36 Environmental Law Alliance Worldwide (ELAW)1877 Garden AvenueEugene, OR : 1-541-687-8454 Fax: inquiries to:Mark Chernaik, ELAW Staff vList of flowcharts viiAcknowledgements ix Introduction 11.

Guidebook for Evaluating Mining Project EIAs 1st Edition July 2010

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Transcription of Guidebook for Evaluating Mining Project EIAs - ELAW

1 Guidebook for Evaluating Mining Project EIAs1st EditionJuly 2010 Environmental Law Alliance Worldwide (ELAW), Eugene OR 97403 2010 by Environmental Law Alliance Worldwide All rights reservedCover image: Bingham Canyon Mine, Library of Congress, by Andreas FeiningerPage design and production by Joshua Keith VincentISBN# 978-0-9821214-36 Environmental Law Alliance Worldwide (ELAW)1877 Garden AvenueEugene, OR : 1-541-687-8454 Fax: inquiries to:Mark Chernaik, ELAW Staff vList of flowcharts viiAcknowledgements ix Introduction 11.

2 OVERVIEW OF Mining AND ITS IMPACTS 3 Phases of a Mining Project 3 Exploration 3 Development 3 Construction of access roads 3 Site preparation and clearing 4 Active Mining 4 Open-pit Mining 4 Placer Mining 5 Underground Mining 5 Reworking of inactive or abandoned mines and tailings 5 Disposal of overburden and waste rock 5 Ore extraction 5 Beneficiation 6 Tailings disposal 6 Site reclamation and closure 7 Environmental and Social Impacts of Mining 8 Impacts on water resources 8 Acid mine drainage and contaminant leaching 8 Erosion of soils and mine wastes into surface waters 9 Impacts of tailing impoundments, waste rock, heap leach, and dump leach facilities 10 Impacts of mine dewatering 11 Impacts of Mining projects on air quality 12 Mobile sources 12 Stationary sources 12 Fugitive emissions 12 Incidental releases of mercury 13 Noise and vibration 13 Impacts of Mining projects on wildlife 13 Habitat loss 14 Habitat fragmentation 14 Impacts of Mining projects on soil quality 14 Impacts of Mining projects on social values 15 Human displacement and resettlement 15 Impacts of migration 15 Lost access to clean water 16 Contentsvi Impacts on livelihoods 16 Impacts on public health 16 Impacts to cultural and aesthetic resources 17 Climate change considerations 172.

3 OVERVIEW OF THE EIA PROCESS 19 What Is The Purpose of the EIA Process? 19 Who Prepares an EIA? 20 Stages of the EIA Process 213. REVIEWING A TYPICAL EIA FOR A Mining Project 25 Evaluating the Executive Summary 25 Evaluating the Project Description 26 Project alternatives 26 Alternative siting of mine facilities 26 Alternative ore beneficiation methods 26 Alternative methods of tailings disposal 29 The no-action alternative 31 Evaluating the Environmental Baseline 32 Characterization of mined materials 32 Mineralogy and whole rock analysis 32 Acid generation potential - static and kinetic testing 34 Contaminant leaching potential short- and long-term leach tests 34 Identification of contaminants of concern 34 Characterization of existing climate 35 Characterization of existing seismic conditions 35

4 Characterization of existing surface water quality 36 Characterization of existing surface and groundwater quantity 37 Characterization of existing air quality 37 Characterization of existing soil quality 38 Characterization of wildlife 38 Characterization of terrestrial species 38 Characterization of aquatic species 39 Characterization of habitats critical to ecological processes 39 Local socio-economic baseline 40 Evaluating Potential and Predicted Environmental Impacts 41 How to understand and evaluate environmental impact matrices 41 Impacts on water quality and quantity 43 Water pollutant releases from pit lakes 46 Water pollutant releases from tailings impoundments 46 Water pollutant releases from waste rock dumps 47 Assessing the significance of water quality impacts 47 Impacts of surface water diversions 47 Impacts on air quality 48 Impacts on global climate 49 Impacts on ecological processes 49 Impacts on vegetation and soil quality 50 Impacts on wildlife 50 Social impacts 51vii Cost-benefit analysis 52 Impacts on public safety 52 Dam break analysis 52 Traffic 53 Cumulative impacts 53 Impacts of related or connected actions 54 Evaluating Proposed Mitigation Measures and Contingency Plans 55 Protection of water resources 55 General measures regarding acid mine drainage 55 Water management 57 Stormwater.

5 Sediment and erosion control 58 Management of waste rock dumps 59 Management of open pits and pit lake prevention 60 Management of wet tailings impoundments 60 Management of leach facilities 60 Protection of air quality and noise levels 61 Control of fugitive dust emissions 61 Control of noise and vibrations 63 Management of hazardous materials 63 Cyanide use 63 Mercury management 64 Storage of fuel and liquid substances 65 Protection of wildlife 66 Evaluating the Environmental Monitoring Plan 67 Water quality monitoring 67 Surface water quality monitoring 68 Groundwater quality monitoring 68 Water quality monitoring parameters 68 Air quality monitoring 69 Vegetation and soil quality monitoring 69 Monitoring impacts on wildlife and habitat 69 Monitoring of key species 69 Monitoring habitat loss 69 Monitoring impacts on affected communities 70 Community health 70 Promised investments for socio-economic development 70 Monitoring of threats to public safety 71 Evaluating the Reclamation and Closure Plan 72 Conceptual versus actual plans 72 Post- Mining land use and reclamation objectives 72 Reclamation schedule 73 Reclamation and closure of specific mine facilities 73 Overburden and waste rock piles 73 Open pits 75 Wet tailings impoundments 76 Leach and dump piles 78 Revegetation 79 Financial assurances for reclamation and

6 Closure 80 Timing of provision of financial assurances 81viii Adequate forms of financial assurances 83 Adequate amounts of financial assurances 844. HOW TO BE AN EFFECTIVE PARTICIPANT IN THE EIA PROCESS 85 Understanding the Regulatory Framework 86 Understanding Public Participation Rights and Opportunities 87 Access to Information and eias 88 The Importance of Participating as Early as Possible 88 How to Prepare Effective Written Comments 89 How to Participate Effectively at Public Hearings 89 Challenging Adverse Decisions Made During the EIA Process 90 Administrative review 90 Judicial review 91 Standing to sue 92 Scope of judicial review 92 Enforcing Promises, Commitments and Conditions Related to the Project 93 Promises contained in the EIA 93 Conditions contained in the grant of environmental clearance 93 Glossary 95 References 101 Appendix - EIA Review Checklist 107ixList of FlowchartsFlowchart - Stages of the EIA process 21 Flowchart - Project alternatives 27 Flowchart - Evaluating the adequacy of the 33 evaluation of acid-generating and contaminant leaching potential of mined materialsFlowchart - Evaluating the adequacy

7 Of predicted 45impacts on water qualityFlowchart - Evaluating the adequacy of measures 56for the protection of water resourcesFlowchart - Evaluating adequacy of measures for 62the management of hazardous materialsFlowchart - Evaluating the adequacy of the 74 Reclamation and Closure PlanFlowchart - Evaluating the adequacy of financial 82assurancesxiThe Guidebook for Evaluating Mining Project eias reflects many years of experience Evaluating the environmental impact assessments ( eias ) for proposed Mining projects around the world. The Guidebook was produced by a team of experts at the Environmental Law Alliance Worldwide (ELAW), in collaboration with an international review committee. Many thanks to: Dr. Glenn Miller, ELAW Board Chair and Director of the Graduate Program in Environmental Sciences and Health at the University of Nevada at Reno; Isabela Figueroa, Attorney; Dr.

8 Ann Maest, Managing Scientist, Stratus Consulting; Maria Paz Luna, Legal Consultant, Pusod Pilipinas; Dr. Mark Chernaik, ELAW Staff Scientist; Graciela M. Mercedes Lu, ELAW Environmental Research Scientist; Jennifer Gleason, ELAW Staff Attorney; Liz Mitchell, ELAW Staff Attorney; Lauren Ice, ELAW Office Manager; Maggie Keenan, ELAW Communications Director; Rita Radostitz, ELAW Outreach Director; Josh Vincent, graphic designer; and Eliana Villar Marquez, Environmental Law Alliance Worldwide gives public interest lawyers and scientists, and the communities they work with around the world, skills and resources to protect the environment through law. These advocates, working in their home countries, know best how to protect the global environment. By giving grassroots advocates the tools and resources they need, ELAW helps protect the air, soil, water, and ecosystems, and builds a worldwide corps of skilled, committed advocates working to protect ecosystems and public health for generations to come.

9 The key to our strategy at ELAW is locating strong advocates who are committed to protecting communities and biodiversity in their home countries. By collaborating with these advocates and providing legal and scientific tools, we achieve substantial impact around the globe at low more at: inquiries to Mark Chernaik at: countries require an environmental impact assessment (EIA) before giving the green light to a Mining Project . EIA processes provide a valuable opportunity for citizens to participate in decisions about mines. The problem is, Project proponents often submit long, complex EIA documents that are incomprehensible to lay people. The Guidebook for Evaluating Mining Project eias will help public interest lawyers, grassroots advocates, and community members understand Mining eias , identify flaws in Mining Project plans, and explore ways that Mining companies can reduce the public health hazards associated with 1, Overview of Mining and its Impacts, provides an overview of large-scale metal Mining practices and how these practices can harm the environment and public 2, Overview of the EIA Process, describes the various stages of the EIA process and indentifies opportunities for influencing decisions about proposed Mining 3, Reviewing a Typical EIA for a Mining Project , focuses on EIA documents and how to critically assess different sections of an EIA.

10 SECTION provides guidance on what constitutes an adequate Executive Summary. SECTION provides guidance on what constitutes an adequate Project Description, including Project alternatives. SECTION examines what should be included in the Environmental Baseline, including discussion of tests for predicting the acid-generating and contaminant-leaching potential of mined materials and the information necessary for adequate characterization of existing water and air quality, wildlife, and socio-economic characteristics of Project areas. SECTION provides guidance on evaluat


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