HomeMy WebLinkAboutNC0090212_Other_20231113 (4)STATE OF NEVADA
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL PROTECTION
BUREAU OF MINING REGULATION AND RECLAMATION
RECLAMATION PERMIT
PERMITTEE:
PROJECT NAME:
Albemarle U.S., Inc.
P.O. Box 98
Silver Peak, NV 89047
Silver Peak Operations
PROJECT LOCATION: Portions of Sections 26-28, and 31-35, Township 1 South, Range 40
East; Sections 1, 12, 13, and 21-25, Township 2 South, Range 39
East; Sections 1-11, 15-20, and 29-32, Township 2 South, Range 40
East; Mount Diablo Baseline and Meridian, Nye County, Nevada
PERMIT NUMBER: 0092 BLM CASE NUMBER: NVN-72542
PROJECT TYPE: Lithium Mine
AMENDMENTS: 7/2014
Pursuant to Nevada Revised Statutes (NRS) 519A.010 to 519A.280, inclusive, and regulations
promulgated thereunder by the State Environmental Commission as Nevada Administrative Code
(NAC) 519A.010 to 519A.415, inclusive, and implemented by the Division of Environmental
Protection (hereinafter the Division), this permit authorizes Albemarle U.S., Inc. to reclaim the
Silver Peak Operations consistent with the conditions of this permit and the reclamation plan dated
May 2014, Rockwood Lithium Inc. Silver Peak Operations, Plan of Operations and the amendment
noted above.
This permit is effective as of the 30`h day of October 2017, and upon receipt by the Division of an
acceptable surety, or verification from the federal land management agency that satisfactory surety
has been posted. A surety is required by NAC 519A.350 prior to engaging in the activities authorized
by this permit. Unless it is modified, suspended or revoked by the Division, this permit is valid for
the life of the project. The permit will not now or in the future serve as a determination of ownership
or the validity of any mining claim to which it might relate.
The Permittee must comply with all terms and conditions of this permit and all applicable statutes
and regulations.
Issued this 30`h da of October 2017.
J se Sawy E., Chief
Bur u of fining Regulation and Reclamation
Page I of 5
RECLAMATION PERMIT NO. 0092
PERMIT LIMITATIONS AND REQUIREMENTS:
1. Permitted Disturbances
A. Disturbance Acreage Table: All disturbances are located on private and public lands
administered by the Bureau of Land Management.
Description
Private (acres)
Public (acres)
Total (acres)
14 North Pond
249.4
249.4
14 South Pond
304.1
304.1
15 South Pond
161.1
161.1
15 North Pond
167.6
167.6
16 South Abandoned Pond
80
-
80
Old 8 Pond
323.9
167
490.9
Abandoned 11 North
184.9
-
184.9
Borrow Pit E
31.3
-
31.3
R1 Pond
-
4.5
4.5
R2 Pond
21
-
21
R3 Pond
20
20
1 West Pond
16.7
-
16.7
1 East Pond
11.1
11.1
2 Pond
28.5
28.5
5 Pond
39.3
39.3
3 North Pond
23.9
23.9
3 South Pond
24.2
24.2
4 Pond
26
-
26
6 Pond
29.5
-
29.5
9 North Pond
_ 59.3
59.3
12 South Pond
468.4
468.4
12 North Pond
244.8
244.8
13 Pond
688
-
688
11 North Pond
677.2
-
677.2
9 Pond
206.4
-
206.4
10 Pond
211.9
-
211.9
17 East Pond
237.2
-
237.2
17 West Pond
246.1
61.1
307.2
11 Pond
160
-
160
11 East Pond
210.2
210.2
4X Pond
16.2
16.2
45 Pond
12.7
-
12.7
45 Salt Pile
25.2
10.7
35.9
Lime Solids Pond
192.3
5
197.3
R3 Salt Pile
23.2
-
23.2
10 Pond Salt Pile
43.8
-
43.8
Roads and Miscellaneous
57
22
79
Borrow Pits A-D
46.1
9.5
55.6
Old Strong Brine/asphalt ponds
-
247.4
247.4
Mill Sites, Office and Plant Area
62
16.3
78.3
Borrow Pit F
21
-
21
16 North Pond
95
95
16 South Pond
50
50
16 South Pond/Ditch
28
28
9 West Pond
112
-
112
Borrow Pit G
6
5
11
18 North Pond
128
278
406
18 South Pond
1
492
493
Subtotal
6071.5
1318.5
-
Total
7390
Page 2 of 5
VERSION 07-2016
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RECLAMATION PERMIT NO. 0092
PERMIT LIMITATIONS AND REQUIREMENTS:
B. Drill holes will be plugged in accordance with the provisions specified in Chapter
534 of the Nevada Administrative Code. All drill hole cuttings, grout, and fluids shall be
contained in sumps constructed at the drill sites. No exploration drill holes will remain
unplugged at any one time. Currently one -hundred -sixteen (116) wells are permitted within
the project.
2. Departure from Approved Plan for Reclamation
A. Except in the case of an emergency, the operator may not depart from the approved
plan for reclamation without a modification approved by the Division.
B. When an operator submits an amended plan of operation to the federal agency, a copy
shall also be filed with the Division.
3. Fees
A. On or before April 15 of each year submit the fees as required by NAC 519A.235.
B. On or before April 15 of each year submit the fees as required by NRS 519A.260.
4. Reports
A. On or before April 15 of each year, the operator shall submit a report (NRS
519A.260), in a format specified by the Division, relating to the status and production of the
operation and identifying each acre of land affected and land reclaimed by the operation.
5. Project Completion, Abandonment or Suspension of Work
A. The Division shall be notified in writing within ninety (90) days after an operation is
complete or abandoned. The notice must state the date on which the activities for
reclamation will begin as specified in NAC 519A.320.
B. The Division shall be notified in writing within ninety (90) days after work is
suspended at the operation for more than one -hundred -twenty (120) days. The notice must
state the nature and reason for the suspension; the anticipated duration of the suspension; and
any event which would reasonably be expected to result in either the resumption of activities
or the abandonment of the operation. The operator is not required to notify the Division of a
temporary closure caused by weather conditions.
Page 3 of 5
VERSION 07-2016
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RECLAMATION PERMIT NO.0092
PERMIT LIMITATIONS AND REQUIREMENTS:
6. Surety
A. The Division and appropriate federal land management agency(s) shall review the
estimate for the cost of reclamation submitted by the operator and determine if the estimate is
adequate or reasonably sufficient to complete all required reclamation.
B. The operator shall file and maintain an acceptable surety as specified in NAC
519A.350 to ensure that reclamation will be completed. The surety amount will be based on
the approved cost for reclamation.
C. Within three (3) years after the effective date of this permit and at least every three (3)
years thereafter, the operator shall submit to the Division and appropriate land management
agency(s) an updated estimate for the cost for reclamation to determine whether the surety
amount is still adequate to execute the approved reclamation plan. Inflation must be
considered.
D. The Division and the appropriate land management agency(s) may approve release of
surety either in whole or in part at the request of the operator. The operator must provide
documentation on reclamation work completed and/or stages of process fluid stabilization
completed before any portion of the surety may be released. (See Attachment A).
7. Inspection of Exploration Project and/or Mining Operation
A. The operator shall allow authorized representatives of the Division, and the
appropriate federal land management agency(s) to inspect the operation, during normal
business hours, to determine compliance with the terms and conditions of this permit and the
status of reclamation activities.
8. Notice of Noncompliance/Suspension or Revocation of Permit
A. A notice of noncompliance may be issued by the Division if an operator fails to
comply with the provisions of NAC 519A.010 to 519A.415, inclusive; Chapter 519A of
NRS; or an approved plan for reclamation.
B. The Division may suspend or revoke this permit if the operator does not resolve the
noncompliance or agree to a corrective plan of action approved by the Division.
C. The surety posted by the operator may be forfeited if the permit is suspended or
revoked, or if the operator ceases to conduct business in the State of Nevada and does not
transfer the permit to a new operator.
Page 4 of 5
VERSION 07-2016
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RECLAMATION PERMIT NO.0092
PERMIT LIMITATIONS AND REQUIREMENTS:
9. General Requirements
A. The operator shall maintain a copy of this permit and all modifications at the
permitted project or operation at all times.
B. The provisions of this permit are severable. If any provision of this permit, or the
application of any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circumstances and the remainder of this permit, shall
not be affected.
C. Any noncompliance with this permit shall be reported orally to the Division within
forty-eight (48) hours of the time the operator has knowledge of the circumstances. A written
summary shall be provided within ten (10) days after the oral report is made.
D. Any changes in the operator's name or address shall be reported within ten (10) days
to the Division in writing, and must indicate the permit number and appropriate changes.
E. Any changes in Corporation/Partnership/Proprietorship name, officers, or address
shall be reported within ten (10) days to the Division in writing, and must indicate the permit
number and appropriate changes.
F. The operator shall meet the revegetation standards as set forth in Attachment B.
G. An operator who initiates reclamation activities prior to meeting chemical
stabilization (closure) requirements will be responsible to provide a surety for and to repair
any reclaimed areas which may be re -affected by closure activities.
Modification History:
Oct. 2017: Permit transfer from Rockwood Lithium, Inc. to Albemarle U.S., Inc., updated disturbance table per recent
survey.
July 2014: Minor modification for Ponds 18 North and South and miscellaneous disturbance.
Page 5 of 5
VERSION 07-2016
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ATTACHMENT A
FOR MINING OPERATIONS
DOCUMENTATION OF RECLAMATION ACTIVITIES FOR SURETY RELEASE
An operator may request surety release in accordance with applicable State and Federal regulations. The following
documentation must be submitted simultaneously to the Nevada Division of Environmental Protection and the
federal land management agency prior to the agencies conducting a site inspection:
1. Map(s) clearly identifying the area, noting specific treatments and sampling locations (as applicable).
2. Description of the following activities:
Earthwork:
♦ The number of acres regraded and/or ripped.
♦ Final slope angles left after regrading.
♦ Methodology used to check final slope angles (e.g., clinometer, transit, etc.).
♦ The number of acres that received topsoil/growth medium.
♦ Depth and source of topsoil/growth medium and application method.
♦ Dates of initiation and completion of activities.
Revegetation Activities:
♦ The number of acres that were seeded and/or planted.
♦ Seed bed preparation methods utilized.
♦ Seeding/planting methods used (e.g., broadcast seeding, etc.).
♦ Provide information on how seed was covered.
♦ Seed mix and seeding rate; document by maintaining seed tags and any testing results
(PLS, germination, noxious weeds, etc.).
♦ If applicable, the number of acres that received fertilization, mulch or amendments.
P. Fertilizer (N-P-K, type, application rate, application method).
No. Mulches and soil amendments (type, application rate, and application method).
P. Date of initiation and completion of activities.
Final Revegetation Sampling:
Adjacent representative vegetation type or range site description (baseline data).
♦ Sampling method (e.g., line intercept).
♦ Number of samples taken (disturbed and adjacent representative sites).
♦ Statement of methodology demonstrating sample size, adequacy and how the locations of
sampling sites were determined.
♦ Results of sampling (copy of sampling worksheet) for disturbed and representative areas.
Indicate all perennial species located.
♦ Dates of sampling.
Other Reclamation Activities such as; structure and debris removal, safety feature installation,
erosion control treatment, equipment removal or other permit requirements.
Page 1 of 2
Revised Sept 2016
3. Interim Fluid Management (IFM) and Process Fluid Stabilization (PFS) Bond Release:
When the closure process of a heap leach pad (HLP) and/or tailings storage facility (TSF) is undertaken
in a controlled manner by the operator, release of the project bond IFM and PFS amounts may occur at
the following phases/intervals of the closure process:
♦ IFM — when evaporation (E) or evapotranspiration (ET) cells have been constructed and
the steady state drain -down of process fluids can be managed entirely within the E/ET
cells;
♦ PFS Phase I — recirculation of excess process fluids is no longer required and
demonstration can be made that only active evaporation of process fluids is required;
♦ PFS Phase II — the process fluid drain -down rate is less than evaporation rate and
demonstration can be made that process fluids can be managed without active
evaporation, conversion of process pond(s) to E/ET cells has been completed, and the
cover system on the HLP and/or the TSF has been constructed;
♦ PFS Phase III — drain -down managed entirely within the E/ET cells, demonstration is
made that E/ET cells have functioned without overtopping for a minimum of 5 years;
♦ PFS Evaporation Costs — at completion of PFS (costs include evaporation equipment and
power costs).
4. For bond reduction, an operator must provide detailed calculation of the surety amount proposed for
release. This calculation should also show the surety amount required for the remaining reclamation
work to be completed, and/or remaining PFS activities.
Prior to release, a field inspection is required to verify that reclamation has been performed in
accordance with the approved reclamation plan and permit.
Page 2 of 2
Revised Sept 2016
ATTACHMENT B
NEVADA GUIDELINES FOR SUCCESSFUL REVEGETATION
FOR THE NEVADA DIVISION OF ENVIRONMENTAL PROTECTION, THE BUREAU
OF LAND MANAGEMENT AND THE UNITED STATES FOREST SERVICE
MINING OPERATIONS
1. Reclaimed Desired Plant Communities (RDPC) for Mining Operation Disturbances
Reclamation goals for mining disturbances are: 1) stabilize the site, and 2) establish a
productive community based on the applicable land use plan and designated post -mining
land uses. To meet these goals, a Reclaimed Desired Plant Community (RDPC) should be
selected for use on the disturbed mine sites.
The RDPC is defined as:
A perennial plant community established on a disturbed site which contributes to stability
through management and land treatment, and which produces that type and amount of
vegetation necessary to meet or exceed both the land use and activity plan objective
established for the site.
Several RDPCs may be selected based on site -specific revegetation goals and variable site
characteristics for the mining disturbances. When selecting RDPCs, major alterations in
reconstructed soils and the subsequent effect of this on the site's capability to establish and
sustain the desired vegetation must be considered. A RDPC must have a reasonable chance
for success when making the selection.
The plant community for the RDPC should be diverse, and when appropriate for the site
should include grasses, forbs, shrubs and/or trees. The RDPC shall be comprised of species
native to the area, or introduced species where the need is documented for inclusion to
achieve the approved post -mining land use. The RDPC must meet the requirements of
applicable State and Federal seed, poisonous and noxious plants, and introduced species laws
or regulations. All RDPCs must be approved by the agencies. Plants for RDPCs may be
selected using one or more of the following methods:
♦ Select existing vegetation types around the mine site to represent the varied RDPCs.
♦ Use test plots, demonstration areas, or areas concurrently reclaimed within the
minesite or within similar representative areas from adjacent mines to serve as the
RDPCs as long as they meet the reclamation goal.
♦ For areas where existing vegetative types adjacent to the mine area are severely
disturbed or where test plots or demonstration areas are not reasonable alternatives,
RDPCs may be selected using appropriate ecological or range site descriptions or
other technical sources.
Page l of 3
Revised Sept. 2016
2. Guidelines for Successful Revegetation
The revegetation release criteria for reclaimed mine sites will be to achieve as close to 100
percent of the perennial plant cover of selected comparison areas as possible. The
comparison or reference areas will be selected from representative plant communities
adjacent to the mine site, test plots or demonstration areas or, as appropriate, representative
ecological or range site descriptions. As approved by the agencies, the selected plant
communities or reference areas must have a reasonable chance for success on the mine site.
Each plan -of -operations shall identify the site -specific release criteria in the reclamation plan
or permit. The agencies may also require specific release standards for individual plant
species or vegetative types (grasses, forbs, shrubs, trees). Cover would be estimated using a
method as described in Sampling Vegetation Attributes, Interagency Technical Reference,
1996, BLM/RS/ST-96/002+1730 or other acceptable technical methods.
The determination of successful revegetation of mining disturbances will require an
evaluation of the data by the agencies on a site -specific basis. These data must include all of
the information requested in Attachment A of the Reclamation Permit, "Documentation of
Reclamation Activities for Surety Release and Annual Fee Responding". When making this
evaluation, the following information shall also be considered:
♦ Have the desirable species been successfully established, and do they provide
sufficient aerial cover to adequately protect the site from soil erosion?
♦ Is there evidence that a self-sustaining community has been established? Are
vegetative reproduction (e.g. rhizomes) and seedling establishment of the desirable
seeded species occurring?
♦ Is there evidence of site stability, including the lack of surface soil erosion, gully
formation and slumping?
♦ Has the revegetation goal in the reclamation plan been met?
♦ Has the operator taken reasonable measures to establish the RDPC?
3. Time Frames
The success of the vegetative growth on a reclaimed site may be evaluated for release no
sooner than during the third growing season after earthwork, planting and irrigation (if used)
has been completed. Final bond release may be considered at that time. Interim progress of
reclamation will be monitored as appropriate by the agency and operator. Where it has been
determined that revegetation success has not been met, the agencies and the operator will
meet to decide on the best course of actions necessary to meet the reclamation goal.
Page 2 of 3
Revised Sept. 2016
EXPLORATION PROJECTS
The same guidelines as described above should be used to evaluate the success of the RDPCs for
plan -level exploration disturbances. The agencies may also decide, depending on the size and scope
of the project, to evaluate revegetation and reclamation success based on general ground
reconnaissance and professional judgment. Extenuating circumstances may be considered when
evaluating the success of the revegetation effort. If regulatory agencies determine that remediation is
required on the site, the operator and agencies will meet to determine the procedures.
BLM NOTICES
Regarding notice -level activities on public lands, the BLM will evaluate revegetation and
reclamation success based on general ground reconnaissance and professional judgment. Notice -level
disturbance may be considered reclaimed if in the professional judgment of the regulatory agency
effective action has been taken to stabilize and revegetate the site to a condition designed to result in
the establishment of a productive post -mining land use. Extenuating circumstances may be
considered when evaluating the success of the revegetation effort. If the BLM determines that further
stabilization or revegetation efforts are needed, the operator and BLM will meet to determine what
further steps are necessary.
Page 3 of 3
Revised Sept 2016