Require New Emma Open Pit Meet Best Management Practices to Protect People, the Environment and Wildlife

Gerard Schoeppner, NM Mining and Minerals Division

Mining giant Freeport-McMoRan has submitted an application to the New Mexico Mining and Minerals Division for a permit to construct a new open pit at the Tyrone mine. Called the Emma Expansion Project, the "new unit" will cover approximately 337 acres of disturbance, including construction of an open pit 550 – 600 feet deep, haul road, and waste rock stockpiles that will contaminate groundwater, draw down groundwater levels affecting domestic wells, create a toxic pit lake threatening wildlife, and cause nuisance lighting, noise and fugitive dust problems for nearby residents.

Tell the Mining and Minerals Division that Freeport-McMoRan must use the most appropriate technology and follow best management practices at the Emma Project to assure protection of human health and safety, the environment, and wildlife.

COMMENTS ARE DUE THURSDAY, SEPTEMBER 15TH.

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Background

The Emma Expansion Project will require abandonment of the existing Tyrone-Thompson Road and development of a new road to access the Gila National Forest and the Burro Mountain Homestead. Additionally, a new haul road within the mine site will be built to transport ore from the open pit to leach stockpiles at the Tyrone Mine and waste rock to new and existing waste rock stockpiles at Emma and Tyrone. With a 5 – 6-year mine plan, the project is estimated to add 3 to 5 years of mine life to Tyrone’s operation.

During operations, the open pit will need to be dewatered since it will extend 200 feet below groundwater and could impact domestic wells a half mile away and two springs inventoried by the US Geological Survey.

At closure, a pit lake will form that will exceed state water quality standards, posing a threat to wildlife. Freeport has proposed to remove the water from the pit lake, pumping it to the adjacent Tyrone Mine for process water or treatment in perpetuity.

The New Mexico Mining Act regulations requirement for new units is that "the mining operation and the reclamation plan shall be designed and operated using the most appropriate technology and the best management practices" (NMAC 19.10.5.508A) and "the mining operation and completed reclamation shall meet .....requirements established to assure protection of human health and safety, the environment, wildlife and domestic animals" (NMAC 19.10.5.508B).

Concerns

Water Supply

- Freeport’s groundwater modeling is inadequate to evaluate impacts to nearby wells and springs. It does not incorporate sufficient groundwater monitoring data and domestic well data, consider the extensive fracturing of the underlying rock, or communicate the high degree of uncertainty in its results.

Recommendation - Require a groundwater monitoring and mitigation plan to monitor potential impacts to residential wells and springs and commit to corrective action should impairment occur.

Air Quality, Noise, Light Trespass

- Local residents, the closest living a half mile away, will likely be impacted by fugitive dust, noise, and light trespass.  

Recommendation - Freeport should develop and make public its dust control plan, noise mitigation plan, and lighting plan that demonstrate the Emma operation will follow Best Management Practices to mitigate negative impacts to nearby residents. A formal grievance process should be put in place by Freeport to ensure accountability to its neighbors for nuisance mitigation.

Reclamation

- Water quality of the pit lake at closure will exceed water quality standards for selenium, cobalt, copper and cadmium posing a risk to wildlife. The Emma Pit will require “perpetual treatment,” pumping and treating of pit lake water forever.  

Recommendation - Freeport should backfill the pit lake and use a sump pump rather than a barge pump to eliminate the pit lake that poses a risk to wildlife.

- According to the Interstate Stream Commission’s recently released 50-year water plan, climate change is predicted to result in more frequent and severe storm events.

Recommendation - Freeport should use the 200-yr 24-hr flood event as the stormwater design standard to prevent overtopping of berms, erosion, and spills.

Financial Assurance

Recommendations - Financial assurance should be posted to cover at least 100 years of water monitoring and treatment. The form of financial assurance should be in a letter of credit, cash trust, or surety bond rather than a risky Third-Party Guarantee to ensure resources are available for cleanup and reclamation should the company default.

More information

Mining and Minerals Division Emma Project Page

To: Gerard Schoeppner, NM Mining and Minerals Division
From: [Your Name]

According to the New Mexico Mining Act regulations NMAC 19.10.5.508, you must ensure that the new Emma Pit is designed and operated using the most appropriate technology and the best management practices to assure protection of human health and safety, the environment, wildlife and domestic animals.

Therefore, I strongly urge you to require the following most appropriate technologies and best management practices at the Emma Pit, including:

- A groundwater monitoring and mitigation plan to monitor potential impacts to residential wells and springs and commit to corrective action should impairment occur.

- A dust control plan, noise mitigation plan, and lighting plan that demonstrate the Emma operation will follow Best Management Practices to mitigate negative impacts to nearby residents. A formal grievance process should be put in place by Freeport to ensure accountability to its neighbors for nuisance mitigation.

- Backfill the pit lake at closure and use a sump pump rather than a barge pump to eliminate the pit lake that poses a risk to wildlife.

- In response to more frequent, severe storm events due to climate change, use the 200-yr 24-hr flood event as the stormwater design standard to prevent overtopping of berms, erosion, and spills.

- Require financial assurance for at least 100 years of water quality monitoring and treatment in a less risky instrument, such as cash trust, surety bond or letter of credit.

I thank you for consideration of my comments.