Responsible Mining

Tyrone Mine

Mining in Granty County: a GRIP Aerial Photo Essay

Since pictures often speak louder than words, we've decided to share this collection of aerial images with our community in thematic installments.

To view images of reclamation and PLS ponds at the Chino and Tyrone mines, Click here.

Aerial Photos of Chino & Tyrone Mines Viewable via US Mining Database

The Environmental Working Group's US Mining Database Maps use aerial Google Earth imagery combined with mining claim data to give a unique perspective on current scars on the landscape, along with plans and claims for the future.

View US Mining Database Maps for:

Navigate Here to Read the Following Mining Articles:
Mining Reform Update: Senator Bingaman introduces Hardrock Mining and Reclamation Act of 2009
View from the Trenches: Update on GRIP Responsible Mining Activities
Freeport-McMoran Fined $276,000 for Million-Gallon 2007 Chino Acid Spill
Tyrone Mine Appeals WQCC Permit Decision Closure
Goes Back to Court of Appeals - a Second Time
WQCC Decision in Tyrone Case
Mine Layoffs Spur Demand for "Green" Jobs
Mining operations suspended at Chino
Financial Crisis Impacts Outlook for Mining Projects
The Answer, My Friends, Could Have Been Blowing in the Wind . . .
Phelps Dodge Hurley Smelter Stacks Are Gone . . .
Judge Denies GRIP Petition for Temporary Restraining Order . . .
Community Workgroup & GRIP Meet with NM Environment Department . . .
GRIP Files Petition for Temporary Restraining Order . . .
New Scientific Report: Widespread Failure to Keep Mines from Polluting Water
Finally! A Much-Needed Bill to Reform 1872 Mining Law . . .

Mining Reform Update:
Senator Bingaman introduces Hardrock Mining and Reclamation Act of 2009
By Sally Smith, Director of Responsible Mining
Fall '09

For the first time in over a decade, the Senate seems to be moving forward with reform of one of the most archaic policies governing our public lands. Our own Senator Jeff Bingaman, Chairman of the Senate Energy and Natural Resources Committee (ENRC) introduced this past April S. 796, the Hardrock Mining and Reclamation Act of 2009, to regulate the mining of hardrock minerals, such as gold, copper and uranium. This bill if passed as written could create jobs and provide economic opportunities for rural communities while cleaning up a massive legacy of toxic mining pollution.

This bill has the potential to build on the money allocated by the most recent stimulus package to clean up abandoned mines by creating a dedicated fund to facilitate clean up of the estimated half a million abandoned mines littered throughout the West. This money would provide jobs in places where it is needed most, rural communities, like ours, that are victims of mining’s ‘boom-bust’ cycle. This clean up would be funded through three fees: a royalty on new hardrock mines permitted on federal lands -- similar to what all other extractive industries have paid for decades, a fee for lands used in mining operations, and a reclamation fee on all hardrock mining. The reclamation fee alone could create an estimated 55,000 new jobs over the next ten years for rural western communities.

Senator Bingaman has said his goal is to reform and modernize the law, but to do so in a manner that would allow our domestic mining industry to continue to provide jobs and produce minerals important to our nation. “The mining industry plays an important role in our part of the country. It fuels local economies. And it contributes to our national security. At the same time, the industry has been criticized on both fiscal and environmental grounds. The Hardrock Mining and Reclamation Act of 2009 will make responsible changes to this outmoded law,” Bingaman said in a press release.

Currently, the Mining Law of 1872 allows billions of dollars of hardrock minerals to be mined from Federal lands without payment of a royalty. General land management and environmental laws apply, but there are no specific statutory provisions under the Mining Law setting surface management or environmental standards.

Efforts to comprehensively reform the Mining Law have been ongoing for decades, but results have been elusive. Political considerations, such as 2010 challenges to Senator Harry Reid’s seat, could affect the timing of this Bill. Hearings of the ENRC began in July of this year on two bills, S. 796 and S. 140, introduced by Senator Feinstein. Senator Bingaman said he looks forward to working with Senator Feinstein on this issue. The House passed HR2262, the Hardrock Mining and Reclamation Act of 2007, in November of 2008 (See GetAGRIP, Winter 2008). The House and Senate versions would need to go to conference committee to work out differences before final approval.

Senate Bill 796 proposes the following:
Eliminates Patenting: The bill eliminates patenting of Federal lands, but grandfathers patent applications filed and meeting all requirements by September 30, 1994.
Fees: Makes modest increases in the annual claim maintenance fee (from $125 to $150) and claim location fee (from $30 to $50). Requires a fee in exchange for the use of Federal land that is included within the mine permit area. The fees collected are to be used for the administration of hardrock mining on federal lands. Any excess funds are deposited into the Hardrock Minerals Reclamation Fund.
Royalties: Locatable minerals are subject to a royalty to be determined by the Interior Secretary by regulation of not less than 2 percent and not more than 5 percent of the value of production, not including reasonable transportation, beneficiation and processing costs. The royalty may vary based on the particular mineral concerned. No royalty will be collected from lands under permit that are producing in commercial quantities on the date of enactment. Royalty revenues will be deposited into the Hardrock Minerals Reclamation Fund. Royalty reductions may be granted for all or part of a mining operation where the person conducting the mineral activities shows by clear and convincing evidence that without the reduction, production would not occur.
Permits and Financial Assurances: Permits are required for all mineral activities on Federal land except for “casual use” that ordinarily results in no, or negligible, disturbance. Mining permits are for a term of 30 years and so long thereafter as production occurs in commercial quantities. The operator must provide evidence of approved financial assurances sufficient to ensure completion of reclamation if performed by the Secretary concerned.
Water Reclamation: Financial assurances attributable to the cost of water treatment will not be released until the discharge has ceased for at least 5 years or the operator has met all applicable water quality standards for at least 5 years. The operator may be required to establish a trust fund or other long-term funding mechanism to provide financial assurances for long-term treatment of water or other long-term post-mining maintenance or monitoring requirements.
Operation and Reclamation : The Secretary of Agriculture must take any action necessary to prevent unnecessary or undue degradation in administering mineral activities on National Forest System land. The bill directs the Secretaries of the Interior and Agriculture to jointly issue regulations. Land Open to Location: Requires within three years a review of certain lands to determine whether they will be available for future mining claim location. The governor of a state, chairman of an Indian tribe, or appropriate local official may petition the Interior Secretary to undertake a review of an area.
Hardrock Minerals Reclamation Program: Establishes a program for the reclamation of abandoned hardrock mines in 14 western states. Creates a Hardrock Minerals Reclamation Fund from hardrock royalties, fees, and donations. Each operator of a hardrock mining operation on Federal, state, tribal or private land must pay a reclamation fee established by the Secretary of not less than 0.3 percent, and not more than 1.0 percent, of the value of the production of the hardrock minerals for deposit into the Fund. The bill provides grant programs for all states for hardrock reclamation projects and for public entities and nonprofit organizations for collaborative restoration projects to improve fish and wildlife habitat affected by past hardrock mining.

View from the Trenches: Update on GRIP Responsible Mining Activities
By Sally Smith, Director of Responsible Mining
Fall '09

Monitoring operational and closure/reclamation permitting and related activities at the three Freeport-McMoRan Inc. (FMI) Grant County mines continues to be a very important part of GRIP’s work.

The first five-year renewal for the Closure/Closeout Permits for eventual closing of the Chino, Cobre and Tyrone mines has been under consideration by the state agencies for more than a year. Required by the New Mexico Mining Act and Water Quality Act, these permits prescribe reclamation activities to protect the environment and restore mine lands to a self-sustaining ecosystem. Permit renewal is delayed because reclamation and clean-up issues are still being worked out between the company and state. GRIP continues to be involved in this permitting process to assure that surface and groundwater quality and quantity and air quality are protected for future generations of Grant Countians.

At FMI’s Tyrone Mine, miners are still actively employed in ore extraction and leaching operations while finishing up a large portion of required reclamation which you can read about at the informational kiosk just off Highway 90 on Burro Mountain Road.

Chino Mine is not currently extracting ore but continues to leach stockpiles with sulfuric acid solution which is processed, like Tyrone ore, in Solvent Extraction/Electro-Winning Plants on site. Chino is now engaged in reclamation of its older tailings ponds which you can see from Highway 180 south of Hurley. These ponds are required to be re-graded to a 3-to-1 slope and covered with non-acid soils and seeded to meet NM Mining Act requirements.

GRIP is pleased to see the significant progress of reclamation work under the accelerated reclamation agreement between the state, FMI and GRIP. Likewise, we are heartened by the company’s use of innovative reclamation techniques. The Mining and Minerals Division and the NM Environment Department closely monitor the effectiveness of reclamation work. GRIP also participates in inspections of reclamation activities. Failures in cover performance would require additional cost and effort by the company.

FMI continues to plan for future mining at its Cobre Continental Mine which has been closed for more than a decade. GRIP is also involved in the review of expansion plans for all three mines.

After over 14 years, the Administrative Order on Consent (AOC), the state Superfund-like investigation and clean up of historic mine waste at Chino Mine, finally signed its first of several expected Records of Decision (RODs) requiring the remediation of most yards (approximately 500) in the town of Hurley. The ROD came after the completion of 16 months and an estimated $12 million of work scraping and replacing copper-laden soils out of residential yards and other properties to protect residents from potentially harmful metals concentrations from historic smelting operations. (see GetAGRIP Fall 2008 for more details)

Other units in the 55 square mile Investigative Area identified for study and clean up include Hanover and White Water Creeks that run through Bayard and Hurley to San Vicente Creek, the Smelter and Tailings areas near Hurley, and Lampbright Draw.

Participation in oversight of the process is open to the public at state-mandated Community Work Group (CWG) meetings held on the 3rd Tuesday of the month at the Bayard Community Center at 7 PM. (Call GRIP office for specifics.) The documents related to the AOC are located in the Bayard and Silver City Public Libraries and WNMU Miller Library. GRIP encourages citizens to attend these meeting.

Freeport-McMoran Fined $276,000 for Million-Gallon 2007 Chino Acid Spill
by Allyson Siwik, GRIP Executive Director

The New Mexico Environment Department (NMED) has fined Freeport-McMoRan
$276,000 for violations of the New Mexico Water Quality Act and Water Quality Control
Commission regulations. The action follows discharge of an estimated one million gallons
of highly acidic pregnant leach solution into a tributary of Lampbright Draw during the
summer of 2007. The liquid, which contained a solution of copper and heavy metal-laden
sulfuric acid, flowed more than 2 ½ miles down the creek, contaminating surface and
groundwater in its path.

According to NMED, the company’s four violations included: “allowing the acidic
mine waters to move into groundwater without a discharge permit; failing to report the spill
on time; degrading groundwater quality with that discharge by allowing the spill to flow into
a clean storm water diversion ditch; and failing to lessen impacts from that contamination
on time.”

As part of the company’s corrective action, Chino removed 16,000 cubic yards of
contaminated sediment and installed three wells to monitor groundwater contamination.
According to NMED, this was the third occurrence of a spill at the same sump within two
years.

Although the risk of accidents is inherent to the mining industry, plans are put in
place to prevent accidents, as well as to respond to them should they occur. However, in
this case the company did not follow its own plans (see GetAGRIP, Winter 2008) due to an
apparent lack of sufficient employee training. Strong enforcement by NMED is critical to
holding Freeport-McMoRan’s feet to the fire in complying with environmental regulations.
GRIP hopes that the penalty payment, in conjunction with a settlement-stipulated corrective action proposal and staff training, will help prevent future spills.

Tyrone Mine Appeals WQCC Permit Decision Closure
Goes Back to Court of Appeals - a Second Time
by Allyson Siwik, GRIP Executive Director

Freeport-McMoRan’s Tyrone Mine has appealed a February decision by the New Mexico Water Quality Control Commission (WQCC) requiring that the polluted groundwater underneath the 12,000-acre Tyrone Mine Site be reclaimed and protected from further pollution by Tyrone’s ore and waste rock stockpiles. The company’s notice states that the appeal is taken on “all substantive, procedural and evidentiary issues” related to the WQCC decision. Bruce Frederick, the New Mexico Environmental Law Center attorney who represents GRIP in the Tyrone appeal, stated that “the company is basically taking the position that its ownership and control of property allows it to pollute the groundwater below the mine.”

A review of the legal history of this case demonstrates that the firm doesn’t give up easily. Apparently, Freeport has sufficient resources to continue its legal efforts to get out of environmental requirements, despite repeated denials of its petitions and years of legal proceedings. In April 2003, for example, Phelps Dodge Mining Company (now a subsidiary of Phoenix-based Freeport-McMoRan) appealed two conditions for reclaiming the Tyrone mine site upon closure, arguing that water under the mine is not “a place of withdrawal of water for present or reasonably foreseeable future use” and is thus not protected under the state’s Water Quality Act. A decision in the company’s favor would have relieved it of some reclamation requirements at the site designed to protect groundwater quality.

After a 10-day appeal hearing in June 2004, the WQCC reaffirmed the original Tyrone permit conditions. Phelps Dodge then appealed to the New Mexico Court of Appeals, which reversed the WQCC’s decision. The court remanded the case back to the commission and directed the WQCC to develop factors for determining where water quality standards must be met. After more than a year of study and 24 days of expert testimony, the WQCC ruled last winter that New Mexico has the right to protect the quality of all groundwater now and for future generations. Additionally, it outlined the factors appropriate for identifying a “place of withdrawal of water for present or foreseeable future use.”

At press time, the appeal had not yet been briefed and no date for oral argument was scheduled.

WQCC Decision in Tyrone Case
John Vanvig, Acting Director of Responsible Mining Program
GetAGRIP Winter 2009

The Gila Resources Information Project hailed state regulators in January for placing valuable New Mexico groundwater supplies ahead of corporate profits generated by Freeport-McMoRan’s Tyrone copper mine in Grant County. The state’s Water Quality Control Commission sided with its Environment Department and GRIP in the mining company’s appeal of its Tyrone closure permit. The action has wide-ranging implications statewide.

GRIP applauded the WQCC action as “the right decision” and New Mexico’s top environmental regulator, NMED Secretary Ron Curry, praised the commission for reestablishing “the state’s right to protect water quality and all groundwater now and for future generations. This precedent- setting decision is important not only for the Tyrone mine site but for the regulation of groundwater quality in Grant County and the rest of the state as well.”
The WQCC move came in response to Freeport-McMoRan’s appeal of two separate 2003 permit conditions in the company’s closure plan for the Tyrone Mine. Arguing that “institutional controls” such as zoning signs and warning regulations would prevent people from using contaminated groundwater beneath the sprawling mine for centuries to come, the company maintained it should not be required to treat such groundwater.

GRIP and state regulators contended this approach would amount to creating groundwater “sacrifice zones” at and around the mine site. The Water Quality Control Commission agreed, rejecting the company’s arguments and finding that the purpose of the state’s Water Quality Act is to protect all present and reasonably foreseeable uses of groundwater.

“Based on the evidence presented during this proceeding,” commissioners declared in a statement outlining their conclusions, “the Commission finds that factors appropriate for identifying a ‘place of withdrawal of water for present or foreseeable future use’…include site hydrology, the quality of groundwater prior to any discharge from a facility, past and current land use in the vicinity of a facility, potential future water use and potential future water demand in the vicinity of a the facility and population trends in the vicinity of the facility.”
GRIP’s executive director, Allyson Siwik, applauded the WQCC’s conclusions. “In an arid state like New Mexico that is very dependent on groundwater supplies,” she noted, “we cannot afford to use our aquifers as waste dumps. We need every drop. The New Mexico Environment Department issued a solid permit in 2003 and the commission made the right decision in supporting it.”

Bruce Frederick is an attorney with the New Mexico Environmental Law Center, which represented GRIP in the proceeding. “The case,” he noted, “has significant statewide implications for how we treat our most valuable resource — our water. The WQCC has studied this issue for more than a year and heard 24 days of expert testimony on the importance of protecting that resource for the people of our state now and well into the future. The appeal decision is a clear loss for Freeport and goes a long way toward protecting New Mexico’s water.”

However, the WQCC decision still has not resolved where the effects of Tyrone’s discharges shall be measured, as requested by the Court of Appeals’ remand of the case in June 2006. The commission has given NMED and Freeport a year and one-half to determine the effectiveness of permit conditions on water quality at the Tyrone Mine. “This battle is not over,” said Siwik. “We must work closely with the Environment Department on its ‘place of withdrawal’ determination over the next 18 months.”

Mine Layoffs Spur Demand for "Green" Jobs
Richard Mahler, Editor
GetAGRIP Winter 2009

In dramatic fashion, Grant County’s mining industry has shown its great vulnerability to market forces during the current global economic downturn. Spot copper prices skidded in December to less than $1.50 per pound, after peaking above $4 last summer. The per-share value of Freeport-McMoRan Copper & Gold, the mine operator that is the county’s largest single employer, has hovered below $30 after cresting at $127.24 last June. The company, which reported a $13.9-billion loss in the fourth quarter of 2008, has let go an estimated two-thirds of its local payroll. During January alone, some 180 Grant County residents filed unemployment claims, compared to 30-to-40 in a typical month.

While periodic layoffs are not unusual at area mines, the current round coincides with the inauguration of a new Democratic president and a series of government stimulus packages that promote a “green” economy that encourages respect for the environment while developing a stable workforce. In particular, Barack Obama’s administration seeks to capture the economic potential of diverse industries that harness renewable resources, reduce greenhouse gas emissions, and conserve energy. “Now is the time to save billions by making two million homes and 75 percent of federal buildings more energy-efficient,” the president wrote Feb. 5 in a Washington Post commentary, “and to double our capacity to generate alternative sources of energy within three years.”

Development of solar power, in particular, is expected to get increased attention in our sunny, lightly populated corner of New Mexico. Education and technical assistance in the solar industry is one focus of the “green jobs track” offered this June 26-28 to those attending the Viva Verde Expo, co-sponsored by GRIP (see related article). The Expo’s Green Collar Committee is exploring how safe, environment-friendly jobs can bolster our region’s economy and mitigate the impact of slumps in the mining industry by providing work training and employment alternatives, especially for miners and young people. Committee members are mobilizing their efforts in association with the New Mexico Department of Labor, Grant County Health Council, and Small Business Development Center, among others. “Green” strategies include helping businesses launch, obtaining tax credits or grants for entrepreneurs, boosting innovative construction techniques, and developing economically viable uses for such recyclables as glass, cardboard, paper, and plastic.

Examples of the area’s long-term renewable energy potential include the signing last fall of five option agreements allowing two California solar power developers to access state trust lands in Luna and Hidalgo counties. New Mexico’s State Land Office has leased more than 20,000 acres for potential construction of facilities that could generate about 1,000 megawatts of power, or enough electricity to serve some 500,000 homes. An Arizona firm announced previously plans to build a 300-megawatt solar power generator and a photovoltaic cell factory near Deming. Other companies have been making inquiries locally into installation of additional solar power plants as well as small-scale wind and hydroelectric systems. Meanwhile, the state’s first commercial geothermal power plant is being built near Animas, with plans to employ 120 people during construction of a 10-megawatt unit capable of powering 8,000 homes.

Southwest New Mexico’s advantages in renewable energy development include easy access to high-capacity electricity transmission lines and state tax credits that provide financial incentives.

Mining operations suspended at Chino
By JIM OWEN
Daily Press Staff

December 2008 - Chino Mines Co. suspended mining operations Tuesday at its copper pit in Santa Rita, placing 400 workers on paid leave.

The employees will receive full salaries and benefits until they are laid off “on or about Feb. 13,' according to Richard Peterson, spokesman for Freeport-McMoRan Copper & Gold Inc., Chino’s parent company.

“When the remaining crushed ore is processed, another 200 will be placed on paid leave,' he said. “That should happen in the next few days.'

Those workers, as well, are to be laid off on or about Feb. 13.

Meanwhile, personnel at the Silver City office of the New Mexico Department of Workforce Solutions announced plans for “rapid-response activities.' From Jan. 5-9, at 9 a.m. and 1 p.m. each day, information about unemployment insurance and other assistance for laid-off miners will be available at Western New Mexico University’s Global Resource Center at 817 W. 12th St. in Silver City.

The work-force reductions at the mines began Nov. 12, when Freeport terminated 95 employees at Chino, which had 940 workers on the payroll. On Nov. 17, 36 people were laid off at the Tyrone Mine, which had 517 employees.

On Dec. 3, Freeport announced it planned to terminate about 600 more positions at Chino. The Tyrone facility’s mining rate is to be cut by 50 percent, with the number of people losing their jobs to be determined “over the next six months,' Peterson said.

The company’s executives, in a written statement, said their plans to cut production and reduce the work force are ways of “aggressively responding to current market conditions, which have weakened dramatically in recent weeks.'

Copper prices fell from about $3.61 per pound at the end of September to an average of $1.69 last month.

The reduction in the mines’ work force is the largest since the previous owner, Phelps Dodge, terminated about 650 positions in January 2002.

When the latest layoffs were announced, Peterson said: “We will be working with the New Mexico Department of Workforce Solutions to help these employees with the transition to other opportunities. We regret the hardship this causes our employees.'

All qualifying employees at Freeport’s North American mining operations are being offered an “enhanced' early-retirement benefit if they leave by Jan. 31.

“In addition,' Peterson said, “there is a voluntary resignation incentive program. Certain employees will be offered a severance arrangement that includes eight weeks of pay and company payment of (medical­insurance coverage) for six months.'

Jim Owen may be reached at jowen@cybermesa.com.

Financial Crisis Impacts Outlook for Mining Projects
GetAGRIP Fall 2008

Concerns about a growing global recession have brought down copper prices — and the share price of mining giant Freeport-McMoRan with them. By press time copper had hit a three-year trading low of $1.84 per pound. Shares of Freeport- McMoRan had closed at a four-year low of $32.81 per share, down over 70% from the stock’s 52-week high of $127.24. According to some industry analysts, commodities markets are expected to remain highly volatile and uncertain in the short-term. Freeport-McMoRan reported a 33% drop in profits in its third quarter earnings report and noted that “future capital spending plans are being reviewed in response to the impact of recent changes in global economic conditions on commodities prices.” According to news reports, expansion projects at the company’s Arizona operations in Sierrita, Bagdad, and Miami now will be delayed, saving $370 million in capital costs.

In conversations with company officials in Grant County, GRIP was told that mining projects and reclamation work at Freeport’s Chino-Cobre and Tyrone mines are still moving forward, although at a slower pace and effort is being spent on identifying costcutting measures. Diesel fuel costs have dropped recently, easing some impacts on the cost of mining. Officials stated that the company is still hiring, however it is also assessing probable scenarios for the future that depend on varying market conditions.

As we reported in our summer issue, high copper prices forced a shift from using Chino’s Lee Hill Pit as a leach operation to mining valuable ore. But the current financial crisis has demonstrated that mining operations may change quickly in response to global market shifts. GRIP continues to monitor activities at area mines and will stay on top of changes as they occur.

The Answer, My Friends, Could Have Been Blowing in the Wind
GRIP's Petition for Temporary Restraining Order Forces Phelps Dodge
to Improve Hurley Smelter Stack Demolition Plans
GetAGRIP Summer '07
by Sally Smith, Director of Responsible Mining

It's not an every day occurrence that 500-foot smelter stacks are demolished within 500 feet of a residential area, let alone in our own Grant County. Yet last May, executives of mining giant Phelps Dodge (PD) expected the public to blindly trust them when they announced their intent to drop the two deteriorating structures in Hurley, east of Silver City. The public was not eve informed of any of the details of this event until three days before the originally scheduled demolition.

When notified last spring that the demolition had been moved up and was to take place in two weeks, GRIP staff filed a petition for a Temporary Restraining Order (TRO) to force the company to provide the community its demolition, evacuation, and air quality monitoring plans. GRIP staff's perspective was that the public had a right to know the details of a hazardous activity taking place in their community. Although its petition to halt the demolition until the public's health and safety had been adequately protected was denied in court, GRIP's action forced Phelps Dodge to provide some additional information to the public, take a second look at their plans, and make some procedural changes.

Since PD's announcement in September 2005 that the stacks would eventually come down, GRIP has raised concerns about exactly how the company planned to demolish the stacks. GRIP's primary concerns were protection of the health of the citizens of Hurley and prevention of recontamination of the recently cleaned-up residential yards in Hurley.

In a January 2007 Silver City Daily Press article, PD spokesperson Richard Peterson said that the company had not yet begun to plan this event. So when GRIP was notified that the demolition date had in fact been moved up to May from the 2nd quarter to 3rd quarter of 2007, GRIP's staff was understandably surprised and felt compelled to take action.

GRIP staff had been in contact with the New Mexico Environment Department (NMED) Air Quality Bureau (AQB) and NMED Water Quality Bureau (WQB) since September 2005, inquiring about NMED's regulatory role in the demolition and precautions that were planned. More than 4,000 people, 26.8% who are disabled, live very near to the stacks, and although they were cleaned prior to the blasting, according to PD, both stacks had processed a variety of potentially hazardous metals. GRIP was informed by NMED that some soils around the facility had more than 30% copper content.

Because there were no written documents publicly available on PD's plans for the stack demolition, the public received conflicting information from newspaper reports and rumors. GRIP staff was shocked to find out from NMED staff in April that neither the WQB nor any other Federal or State regulatory authority had jurisdiction over the way the actual blasting and collapse of these structures would occur. GRIP staff was further shocked to find that the older of the two stacks had 33 feet of asbestos mastic remaining near the top.

Additionally, GRIP staff learned from NMED that there were no contingency, safety or evacuation plans specifically related to the demolition and available to the public. GRIP raised these concerns at a May 3rd Community Meeting in Silver City hosted by NMED Secretary Ron Curry. There was no response to GRIP by NMED or PD at this meeting. GRIP staff expected that NMED would issue some sort of Heath Advisory for residents, but this never occurred.

GRIP also learned that PD expected a crowd of up to 10,000 spectators at the demolition event. The originally scheduled date was the Friday of Memorial Day Weekend and the opening day of the Silver City Blues Festival. GRIP staff feared that the four Hurley police, in charge of traffic and public safety, might be strapped for police manpower. Later GRIP staff learned that the extra police force would be partly voluntary and the majority paid for, not by PD, but by the municipalities involved and the state and therefore your tax dollars.

GRIP received concerned calls from residents of Hurley wondering what to do. Should they leave town and if so, for how long? Should they seal their houses or take valuables off walls and shelves? Would there be seismic activity reminiscent of an earthquake? GRIP staff didn't know what to tell them.

With just weeks to spare, GRIP staff got busy researching procedures of other similar demolitions and watched videos of these events. The examples found included precautions that had not been discussed in the Hurley preparations, such as 1,000 foot safety zones where no one was permitted and use of water for dust suppression before, during and after the demolition.

On May 14th, GRIP filed for a Temporary Restraining Order (TRO) to give the public more time to become informed. After GRIP filed its petition, PD finally met with the Air Quality Bureau (AQB) one week prior to the originally scheduled demolition to discuss air quality monitoring during the demolition event. Between PD and the AQB, particulate matter, metals and asbestos were to be monitored before, during and after the demolition event. However, two outstanding issues remained. The company confirmed that it would not use any dust suppression, and there was no procedure in place for determining if Hurley soils needed to be re-sampled as a result of the demolition event.
Due to the GRIP petition (and perhaps due to the weather) PD canceled the May 25th demolition and rescheduled it for June 5th. GRIP executive Director Allyson Siwik and President Sally Smith were in Hurley that June day, and they reported that the local sentiment was that luck was with the people of Hurley.

That's because right after the blast, as the stacks were going down and a huge plume of dust and smoke was rising, the wind shifted for just a few minutes toward town. Just as quickly it thankfully shifted again taking the particulate south, away from town, but it was a reminder of the potential dangers of fickle winds. The days immediately after the demolition were some of the gustiest, most violent winds many could recall in 30 years. Thanks to the persistent efforts of GRIP, NMED and EPA required that PD water down the site before and after the demolition to keep asbestos and dust down. Results of ambient air quality monitoring showed no problems with asbestos or particulate matter in the town of Hurley that day. Given these results, it is expected that soils will not be retested.

While GRIP was not able to obtain a Temporary Restraining Order, additional time permitted GRIP staff to alert EPA about its concerns regarding the stack demolition and question the Agency and NMED on issues related to the demolition. The day prior to the June 5 demolition, PD was notified that it indeed had to implement dust suppression during the demolition event.

GRIP was very disappointed that NMED failed to effectively communicate about the stack demolition. We sent a letter to Environment Secretary Ron Curry describing our concerns and dissatisfaction with how the Department had handled communication with the community. We expect to meet with the Secretary to discuss these issues further.

GRIP staff was also extremely disappointed that while communication between PD and GRIP has in general improved, the organization was left out of the loop about this rush job demolition that could have had serious public health and safety impacts on the Grant County community. In our opinion, a disastrous result was avoided by vigilance and a bit of good luck.

Photos of Hurley smelter stack demolition taken from Chino Blvd. and Romero St., southwest of the stacks.

Phelps Dodge Hurley Smelter Stacks Are Gone

Hurley , NM ; June 5, 2007 -- At approximately 10 am this morning, the Hurley smelter stacks were "dropped", permanently removing these landmarks from the area's landscape. A three-minute warning siren alarmed and then another and within seconds the explosion could be heard and the stacks began to fall to the northeast. Dust shot out of the base of the stacks and a huge billowing cloud formed and drifted to the south. Although the prevailing winds appeared to be from the north/northwest and at times even the northeast, for a few minutes the cloud appeared to be drifting to the southwest toward our vantage point and a number of onlookers decided to head for their cars (including us). The dust cloud was quite dense and black in places with an odor possibly of explosives. Fifteen minutes or so after impact, the remnants of the cloud were at the southern edge of town.

The serious nature of today’s event was demonstrated by the huge 1000 foot high dust cloud that formed following impact and showed the importance of having adequate planning and oversight of the demolition. Although Phelps Dodge has maintained that dust suppression was unnecessary and “window dressing”, GRIP was notified by the New Mexico Environment Department on Monday that PD was required by the Department and EPA to wet the impact zone with water and use water cannon once the stacks had come down. There was concern that the 2500 sq. ft of non-friable asbestos mastic remaining at the upper end of the Kennecott stack could be pulverized by the impact of the stack demolition and asbestos could possibly be released.

Within 3 weeks, PD should have asbestos monitoring data available to NMED and the community. GRIP will be following up with NMED on air quality monitoring results and subsequent remediation of the smelter site. Check back here at the GRIP website for updates. GRIP is glad that the Hurley stacks are down with no apparent impact to public health and safety. The smelter site can now be cleaned up in order to protect the long-term health of Hurley residents.

 

Judge Denies GRIP Petition for Temporary Restraining Order to Halt Phelps Dodge Hurley Smelter Stack Demolition
Petition compels PD to release information related to stack demolition

Silver City, NM, May 24, 2007 – Yesterday Sixth Judicial District Judge J.C. Robinson denied Gila Resources Information Project’s petition for a temporary restraining order to halt the Phelps Dodge Hurley Smelter stack demolition until the public’s health and safety have been adequately protected. The petition was filed on May 14 in Grant County.

Read the full press release here.

Community Workgroup and GRIP Meet with NM Environment Department Air Quality Bureau to Discuss Air Monitoring Plans for Hurley Smelter Stack Demolition
Significant outstanding issues remain one week prior to scheduled demolition

Silver City, NM, May 18, 2007 - On Thursday, members of the Chino AOC Community Workgroup (CWG) and the Gila Resources Information Project (GRIP) met with Staff of the New Mexico Environment Department (NMED) Air Quality Bureau (AQB) to discuss Phelps Dodge and NMED plans for air quality monitoring during the smelter stack demolition. The AQB informed the attendees at the meeting that NMED will be monitoring for particulates and metals and is in the process of finalizing locations for air quality monitoring equipment.

Read the full press release here.

GRIP Files Petition for Temporary Restraining Order to Halt Phelps Dodge Hurley Smelter Stack Demolition
Community has not been given adequate information and time to review plans to protect public health and safety during demolition event

Silver City, NM, May 14, 2007 - The Gila Resources Information Project (GRIP), a non-profit advocacy group that promotes responsible mining, filed today in Grant County 6th Judicial District a Petition for a Temporary Restraining Order to halt the Phelps Dodge Hurley Smelter stack demolition until the public's health and safety have been adequately protected. The Petition was filed by GRIP's attorney, Douglas C. Littlejohn of Littlejohn Law Office of Silver City, NM.

Read the full press release here.

More than 130 years after its enactment, the General Mining Law of 1872 still governs hard rock mining on federal lands -- to the benefit of foreign and domestic companies who pay no royalties on the minerals that they extract and to the detriment of the public that bears the brunt of environmental degradation and loss of special public lands. The 1872 Mining Law has no environmental requirements and allows mining companies to pollute valuable water supplies, destroy wildlife habitat and scar Western landscapes. The US Environmental Protection Agency (EPA) estimates that mining has polluted 40% of the headwaters of Western watersheds. In a March 2007 study, Environmental Working Group found that since 2002, there have been new claims staked on 2.3 million acres of Western public lands, 365 of which are within 5 miles of Grand Canyon National Park. Representative Nick Rahall (D-WV) and Representative Jim Costa (D-CA) have introduced HR 2262, the Hardrock Mining and Reclamation Act of 2007, to reform this outdated law.

If it becomes law, HR2262 will protect public lands from irresponsible mining by increasing acreage of lands off limits to exploration and development, such as Wilderness Study Areas, sacred sites and Areas of Critical Concern. It will also give land managers the ability to balance mining activities with other uses. The proposed bill will establish environmental standards for adequate reclamation; protection of surface and groundwater supplies, fish and wildlife; and proper re-vegetation of the mine site. The bill would also prohibit perpetual pollution and ban the process of "permanent treatment" to meet water quality standards. The bill goes even further: it will implement fiscal reforms that include ending patenting (the ability to buy public lands for mining for less than $5 per acre), it will establish an 8% royalty on the value of the minerals extracted (comparable to the 8% to 12.5% royalty paid by coal, oil and natural gas extractors), and it will mandate reclamation bonding with clear standards to minimize taxpayer liability for clean-up costs. HR2262 would also establish a reclamation fund from royalty payments to clean up abandoned hard rock mines on federal lands. Finally, the bill would require more substantial oversight of public land mining, authorization of citizen suits and a ban on new permits for mine operators in violation of the law.This bill is needed in New Mexico: mining claims in the Land of Enchantment have increased 50% since 2003 to 11,348 claims, totaling 234,115 acres of public land. Uranium mining claims in particular have escalated since 2004 given global demand for nuclear power. The organization Environmental Working Group has identified Lordsburg as one of the areas in the state with the greatest increase in mining claims since 2002. All over New Mexico, the Rahall Bill could provide big benefits, including protection of sacred sites on Navajo land that are threatened by uranium mining, like Mount Taylor. Citizens in the Land of Enchantment would also benefit from the 8% royalty on the value of extracted minerals that mining giant Phelps Dodge and other mining companies will have to pay that would in turn be used to clean up abandoned mines. The bill could also influence reclamation plans for the Chino and Tyrone mines, requiring more stringent source control rather than dependence on perpetual pumping and treating to meet groundwater quality standards (see related article in this edition of Get A Grip).

GRIP has joined more than 50 environmental and conservation groups from communities across the country to endorse the Rahall Bill in a letter to Congress.Sources: Earthworks Factsheet "Hardrock Mining and Reclamation Act of 2007"; Environmental Working Group US Mining Database.

For more information, visit:
Earthworks - www.earthworksaction.org
Environmental Working Group - www.ewg.org

New Scientific Report Reveals Widespread Failure
to Keep Mines from Polluting Water
Regulatory and scientific failures in mine permitting result in widespread water pollution, increased public health risks, and costly taxpayer-funded cleanups
December 7, 2006

New scientific research finds that faulty water quality predictions, mitigation measures and regulatory failures result in the approval of mines that create significant water pollution problems. Despite assurances from government regulators and mine proponents that mines would not pollute clean water, researchers found that 76 percent of studied mines exceeded water quality standards, polluting rivers, and groundwater with toxic contaminants, such as lead, mercury, arsenic and cyanide, and exposing taxpayers to huge cleanup liabilities. The research, released by the Gila Resources Information Project (GRIP), Amigos Bravos and the Washington, DC-based conservation group EARTHWORKS, has major implications for new mining proposals in New Mexico.

Read the full press release here.
The full report can be downloaded at: www.mine-aid.org

Previously-held Responsible Mining Events

Gila Resources Information Project, Gila Friends Meeting & Upper Gila Watershed Alliance
present

Poison Windwith special guests:
Norman Patrick Brown
poison wind producer
Jenny Pond
poison wind producer & director
Thursday, October 30, 2008
7:00 pm
silco theater
downtown silver city

This is a documentary about uranium mining and the devastating effect it has on the people, livestock, water and agriculture in the 4 Corners area of the US and the Grand Canyon. The path of POISON WIND has taken us to political and environmental activists within the Navajo Nation (Diné) and Pueblo People (Acoma and Laguna) of New Mexico, Western Shoshone, Hualapai and Havasupai where today many people suffer relentlessly from the effects of living near radiation contaminated lands. POISON WIND highlights the greed of mining companies that set out to destroy the balance of life created by the people of these lands...sacred to so many and offering only a death sentence in the end. This film is a "Visual Oral History" which comes from the people themselves and only serves to focus on their stories, as they speak from their hearts about how uranium mining left them victims of where they live. Co-producer Norman Brown is Navajo and has written, produced and directed documentary, dramatic, and educational films and videos about his people. In 2005, he wrote, produced, and directed "Rez Hope", a docu-drama to educate Native American communities about the effects of alcohol and substance abuse. He developed an outreach program to the greater Native American population designed to promote discussion of these problems with the New Mexico state agencies, community health groups, and Native American youth organizations.Brown has also written, directed and produced "Horse Song", a one hour tv drama about diabetes in the Navajo language with English subtitles. "Kei' Bidziil" was a 4 part tv series about strong family relations. Brown has also been video technical advisor and production specialist for Navajo Area Indian Health Service.

He has been a Native American advisor for ABC TV series such as "The Return of Jimmie Blackwater" and "Hope and Prey". Norman has also played principal roles in feature films including, "The Thin Red Line"(Warner Bros.), "Raising Arizona" (Coen Bros), "Black Day, Blue Night" (independent), and "The Doe Boy" (independent feature) and most recently "Poison Wind."Bio for Jenny Pond: My name is Jenny Pond and I am the director of “POISON WIND”, which is also my first film as a producer. I have worked in the film industry since 2004. Some of my past credits include FLIGHTPLAN (VFX Team | LA), MTV’s ROOM RAIDERS (Associate Producer | AZ) and THE CURSE OF EL CHARRO (Script Supervisor | AZ). I have had the sincere pleasure of working with Jodi Foster, Danny Trejo, Billy Drago, Sean Bean, etc. This is the first film under my company’s banner of 220-productions, alongside co-producer Norman Patrick Brown.
POISON WIND was an official selection of:

• Talking Stick Film Festival
  Santa Fe, NM June 2008Globians 4th Annual World Documentary Film Festival,
  Potsdam, Germany August 200830th San Antonio Cinefestival,
  San Antonio, TX April 2008
• Connections: Earth + Art + A Tribute Art Show in Resistance to Desert Rock:
  Center for Southwest Studies | Fort Lewis College Durango/CO