Montanore decisions signed

The long-awaited Montanore Mine project in Lincoln County took another regulatory leap forward Friday, when the final Records of Decision were issued by the United States Forest Service and the Montana Department of Environmental Quality. The decisions allow for the construction and operation of the mine through the evaluation phase, but the Montana DEQ permit stops short of full approval pending further analysis of stream-flow changes during the evaluation phase of the project.

“We are very pleased to receive the Records of Decision from the United States Forest Service and Montana Department of Environmental Quality,” said Mines Management chief executive officer Glenn Dobbs. “This is the end of the beginning of the process to build the Montanore Mine.”

The state agency’s record of decision met with mixed reviews. 

Sen. Steve Daines was pleased that the project is moving forward, but expressed disappointment with the water quality issued raised in the record.

“The Forest Service’s long-overdue approval is welcome news for Lincoln County and an important step forward in getting this job-creating project across the finish line,” Daines said in a Friday press release. “The Montanore Project will create hundreds of much-needed jobs and provide significant economic benefits and tax revenue to communities across northwestern Montana. I am disappointed that Governor Bullock and Montana DEQ have only issued a phased approval of the Montanore project and urge them to work with stakeholders towards a full approval so that this job-creating project can move forward without further delay.”

Dobbs echoed a similar sentiment.

“It is unfortunate that Director of DEQ, Tom Livers, has elected to mischaracterize the Records of Decision and the permitting of the project,” he said. “He has done a severe disservice to the Libby community, the state of Montana and Mines Management. We remain puzzled by his change in direction after more than 10 years of studies and development of the most sophisticated hydrology model in the mining industry, but clearly he is following his own agenda to the detriment of the regional economy of the state.”

Livers determined the hydrology models showed the possibility of long-term stream degradation. The uncertainty of such degradation makes it unlawful for DEQ to issue a full permit.

“In MMC’s model, the construction phase was combined with the first two years of mining: modeling of activities of just the construction phase was not completed,” Livers wrote in the record. “The modeled period had estimated average inflows of 450 gpm of adit water and 30 gpm of mine water... Based upon the uncertainty of the model predictions discussed previously, I am unable to determine that stream flow changes resulting from the proposed construction phase (including mining activity through project year eight) would remain in compliance with nondegradation rules.”

Because the streams in question are classified by Montana law as Outstanding Resource Waters, no permits can be legally issued which would result in any level of degradation. The issuance of a permit in violation of Montana law could jeopardize the legal position of the records of decision should future litigation challenge the validity of the permits.

“Authorizations to degrade may not be issued for state waters that are classified as outstanding resource waters,” Livers wrote.

Lincoln County Commissioner Mark Peck said he was pleased with the decision and hopes the extra time and effort will lead to long-term success for the project.

“This is a major milestone and a dose of much needed positive news for the citizens of Lincoln County and our future economic viability,” he said. “We hope the exhaustive analysis will ensure long-term viability of the project against the anticipated opposition from the radical environmental groups. We want to share our deep appreciation to the steadfast support of Sen. Daines and Rep. Zinke throughout these critical past years in moving this project forward.”

Zinke also praised the records of decision as a critical step forward.

“I am pleased the Forest Service has taken a critical step to ensuring the Montanore Project comes to fruition in Montana,” Zinke said. “Completion of this project was one of the central promises I made when I asked Montanans for this job. After years of waiting, Lincoln County is a step closer to well-deserved jobs and an incredible opportunity to boost its economic potential. Senator Steve Daines and I remain avid supporters of this crucial project and will continue to urge both Governor Bullock and MDEQ to offer their full approval. The county and region deserve to develop these tremendous resources we possess.”

Dobbs said now that the records of decision are signed, the company can focus its attention on the last remaining permits, which they anticipate by the end of the year.

“Although for the past several months we’ve been focused on the Record of Decision, we see no problem with the Army Corps of Engineers 404 permit and anticipate receiving it later in the year, which shouldn’t influence the time line for the next stage of the project,” Dobbs said. “After examining both the U.S. Forest Service and the Departement of Environmental Quality records of decision, we are confident we can build the Montanore Mine as it has been designed. We see no need to alter the mine plan or the project time line.”

The mine is expected to employ up to 500 people during the construction phase and 350 during production.