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Rock Creek mine ruling could be close

by Canda HarbaughWestern News
| March 23, 2010 12:00 AM

A status conference last week in federal court appeared to indicate that, after a two-year break in proceedings, a ruling to determine whether the proposed Rock Creek mine can begin developing is only weeks away.

“I was encouraged because we are moving forward in the process,” said Tim Lindsey, board chair of Revett Minerals, developer of the proposed copper and silver mine. “It was very clear to everyone in the courtroom the decision was right to be announced.”

The suit, filed by the Rock Creek Alliance and 10 other environmental groups, questions the U.S. Forest Service’s decision to approve the mine’s plan of operations, and the U.S. Fish and Wildlife Service’s biological opinion concerning impacts to grizzly bears and bull trout.

When Revett, an intervening party, filed mandatory monthly updates with the court concerning its permitting status in January and February, it indicated that it was close to achieving all permits and would likely file a 20-day notice on April 1 to begin construction, Lindsey said.

Before the hearing, Rock Creek Alliance and the other plaintiffs filed a preliminary injunction against any construction.

Revett requested the status conference with Judge Donald Molloy to answer any last-minute questions.

“We came away feeling that the court now has the necessary information to make a decision in the next several weeks,” Lindsey said.

Jim Costello of the Rock Creek Alliance said that time will tell.

“We’re just going to let the legal process proceed,” Costello said. “We’ll just let the proceedings take shape.”

If Molloy allows Revett to proceed, Lindsey said that the final steps before the first phase of construction could be reached within 30 days, and contractors could begin upgrading the road this spring.

In total, the first phase of the project is slated to encompass almost 20 acres of land. The project will disturb 10.6 acres at the evaluation adit site, which will be outside the Cabinet Mountain Wilderness area and include new access roads and a septic system.

A little over five acres will be involved in road improvements, an acre for the new groundwater disposal site and more than three acres for the support facilities area.

Located near Noxon, the proposed mine lies on private land and 148 acres of U.S. Forest Service land on the edge of the Cabinet Mountain Wilderness.

Revett said the mine would employ about 250-300 people.