Permits and Laws
Lesson 11
Objectives
a) Students wiil summarize what production
royalties are.
b)Students will learn about the requirements
for a claim notice forms by completing a sample.
c) Students will calculate the bond amount
for reclamation.
Handmining
Handmining permits and regulations- There
are rules and regulations for handming ( gold panning) in Alaska.
"Gold panning is generally allowed almost anywhere in Alaska,
and only in the rarest cases would a permit be required. The
main areas to avoid are mining claims if you do not have permission
from the claim holder, and private property if you do not have
the property owners permission. Native land should be considered
private property, and not even gold panning should be done without
permission from the proper authorities.
Hand fed sluice boxes are allowed in most areas, with the same
restrictions as noted for gold pans above. However, many areas
that are open to panning are closed to sluicing, and in some
of those areas even gold panning must be done carefully to avoid
any trouble. The mains areas of concern here are National Parks
and Alaska State Parks. These parks can be very stringent in
their rules governing gold pans and sluice boxes, so always check
with the proper authorities before heading into an unknown area.
Metal detectors are an interesting area with few restrictions
in regulation or statute, but many opinions will be heard. Again,
avoid claims and private property without permission. Beware
of historic sites. As long as you confine yourself to searching
for gold or other minerals you should have no problems, but even
possessing a metal detector in a historic site may find you trying
to explain to a ranger what you are up to. Digging items more
than one hundred years old is a violation of the Federal Antiquities
Act, and can have serious legal consequences. The trend is to
apply this law even to items less than 100 years old, if the
item might have unique historic value.
An interesting note on the way some of these rules are written
in the use of the language "uses no more equipment than"
when describing what you may use to search for gold or other
minerals. This language is exclusive, and in an area where the
rules stated "no more equipment than a gold pan" prospectors
have been challenged for using trowels or even spoons to fill
the gold pan! The use of the pan itself as a scoop has been challenged
also, because it was being employed as "a digging implement,
not a gold pan". Metal detectors can be called into question
under this language, but it must be noted that a metal detector
in and of itself does no excavating. It simply points out a likely
spot to find an item. How that information is acted on should
be held as the criteria (i.e. dig by hand, or dig with shovel),
and not the use of the detector itself."
Example:
Sixmile Creek and Resurrection Creeks,
Southcentral Alaska
These two creeks are among the most popular
recreational sites in Alaska. Gold panning is allowed year-round
without a permit, but a permit is required for using a hand fed
sluice box as well as for suction dredging. Sluice boxes are
allowed from May 15th until July 15th only. The permit is issued
each season by the State of Alaska Department of Fish and Game.
There is no charge for the permit but it must be in your possession
while mining. A copy of the 2000 permit application is available
below in Adobe Acrobat (.pdf) format. If you do not have a viewer
for Acrobat documents, you may download a free viewer at the
Adobe website.
Fish & Game Permit for Sixmile and Resurrection
Creeks (Adobe
Acrobat (.pdf) format)
Chugach State Park
PERMANENT REGULATIONS
TITLE 11
CHAPTER 020
ARTICLE 01
11 AAC 20.045
RECREATIONAL GOLD PANNING.
Recreational gold panning is allowed in
Chugach State Park with the following stipulations:
(1) no motorized equipment is used;
(2) a person uses no more equipment than a gold pan and a shovel;
(3) no chemicals are used;
(4) anadromous fish streams are only open to recreational gold
panning between May 16 and July 14 annually;
(5) no person may stake or file a mining claim or leasehold location
in a state park; and
(6) no person may extract or disturb natural material for the
purposes of recreational gold panning above the ordinary high
water line or where live vegetative matter exists.
The above information was quoted form
the article "Handmining regulations" Alaska Mining
and Diving Supply.http://www.akmining.com/mine/perhand.htm
Placer Mining
Alaska Dept of Natural Resources- Division
of Mining, Land and Water
In order to conduct exploration or mining activities in the State
of Alaska, permits and licenses are required by as many as 12
State and Federal agencies. To assist the industry with applications
in the complex permitting process, the State designed the Annual
Placer Mining Application (APMA).
In order to conduct exploration or mining
activities in the State of Alaska, permits and licenses are required
by as many as 12 State and Federal agencies. To assist the industry
with applications in the complex permitting process, the State
designed the Annual Placer Mining Application (APMA).
Each year a claim owner intends to conduct
mining activity, including exploration, mining, or transportation
of equipment, an APMA should be completed and submitted to a
State Division of Mining Office nearest to where the activity
will take place. A $100 processing fee must accompany the application.
Submission well in advance of the intended "start-up"
date is recommended November or December is not too early!
The Division of Mining reviews the form for completeness and,
when accepted, distributes to all State and Federal agencies
involved in the permitting process thus, expediting the
paperwork for the benefit of the applicant. Permits may or may
not be required by the agencies receiving copies of each application.
After reviewing the application an agency may: 1) issue a required
permit, sometimes with stipulations; 2) request more information
before issuing a permit; 3) deny the permit under their statutory
and regulatory authority, or by order of court injunction.
Agencies involved in the permitting process,
along with the respective permits/licenses managed, follows:
http://www.dnr.state.ak.us/mine_wat/propmgt/apmaperm.htm
| AGENCY |
RESPONSIBILITY |
| Department of
Fish & Game |
Fish Habitat
Permit
Special Area Permit |
| Department of
Environmental Conservation |
Wastewater Discharge
Compliance Inspections
Technical Assistance |
| Division of Governmental
Coordination |
Coastal Zone
Consistency Determination |
| DNR, Division
of Mining, Land & Water |
Miscellaneous
Land Use Permit (On claim activity only, including surface use) |
| DNR, Division
of Mining, Land & Water |
Miscellaneous
Land Use Permit (Access across state land) |
| DNR, Division
of Parks |
Special Park
Use Permit |
| DNR, Division
of Forestry |
Timber Purchase
may be required |
| Bureau of Land
Management |
Approved plan
of operation or notice of Operation |
| U.S. Forest Service |
Approved Plan
of Operation |
| U.S. Park Service |
Approved Plan
of Operation |
NOTE: Although the U.S Environmental Protection
Agency and the U.S. Army Corps of Engineers both receive copies
of the APMA, they do not issue permits from the application.
Separate, individual, applications must be filed with these agencies
to receive their respective permits (EPA National Pollutant
discharge elimination system Permits (NPDES)) and COE (Dredge
& Fill Permit).
COMMONLY ASKED QUESTIONS
1. Will the Annual Placer Mining Application
get me every permit I may need?
No. If you will have a settling pond discharge, you must apply
for an Environmental Protection Agency (national Pollutant Discharge
Elimination System (NPDES)) Permit by separate application with
that agency. In addition, a U.S. Army Corps of Engineers permit
could be required for dredge and fill activity on wetlands. Contact
them directly for this determination. A toll free number is available
for their Anchorage office 1-800-478-2712 or normal telephone
contact is 907-753-2712.
2. Isn't a mining license the only permit
I need?
No. A mining license is the Alaska's Department
of Revenue's way of tracking your income tax obligation to the
State (can be deferred for the first 3 1/2 years of production
IF an Affidavit of Initial Production is filed). It is not a
mining permit and does not have anything to do with authorizing
surface disturbance wastewater discharge, surface use, habitat
permits, etc.
3. Does the $100 processing fee for the
Annual Placer Mining Application cover the cost of all permits
that could be issued?
No. The fee applies only to land use/water
use permits issued by the Department of Natural Resources and
the cost of duplication and distribution of the application to
other State and Federal agencies.
4. Do I need to complete and submit a new
Annual Placer Mining Application each year?
Yes. If you are intending to perform any
type of mining related activity requiring the submission of such.
Many agency permits are issued for only one year.
5. If I am not mining, only prospecting
or performing exploration work, do I still need permits?
Yes. Permits or Notices of Operation are
required for any activity involving heavy, mechanized equipment
on all State and Federal lands.
6. I'm only a recreational miner using
a suction dredge, not a commercial venture with big equipment.
Do I still need permits?
Possibly. Any suction dredge activity must
be coordinated through a local Alaska Department of Fish &
Game, Habitat Division Office. Generally: On State mining claims,
suction dredges with a nozzle intake six inches or less, powered
by a 16HP motor or less without additional mechanized equipment,
is considered "recreational activity". Recreational
dredging requires authorization from the Department of Fish &
Game.
On Federal mining claims, suction dredges
with nozzle intakes larger than four inches are considered commercial
and require a Notice/Plan of Operation to be submitted or an
Annual Placer Mining Application, in addition to authorization
from the Alaska Department of Fish & Game.
References**This article was adapted from
George W.Luxbacher and Richard T. Kline. SME Mining
Engineering Handbook, 2nd Edition, Volume 2. (Littleton,
Colorado: Society for Mining, Metallurgy, and Exploration,
Inc., 1992), pp. 1543-1549.
Enviromental Impact
Part 2
Making natural resource extraction decisions
within a community is often a difficult one. The first decision
is made by the company interested in opening the mine. They must
decide if they can afford the lease, tax, transportation, equipment,
reclamation, employees, and facilities. They must predict if
the area holds quality resources in a commercially valuable quantity
to warrant opening a mine. They must also predict the length
of productivity for the mine and the market value for the resource.
Once a company has made the decision to
pursue a mine, they must begin the permit process. Once these
permits have been requested an Environmental Impact Statement
(EIS) must be prepared by the proposing company. An analysis
of the environmental effects that could occur from a proposed
action or project, which is required by the National Environmental
Protection Act (NEPA). Their purpose is to provide the public
and public officials with the environmental information before
permits are granted or final decisions are made.
Environmental Impact
The first step in an EIS is to
determine all of the environmental issues related to the project.
Usually federal agencies make a draft EIS document available
for approximately 45 days for public comment through hearings,
meetings, and letters. The company interested in mining pays
for the preparation for the document and the federal agency monitors
the study. The EIS identifies and includes information on all
the alternatives considered in the project, pinpointing those
alternatives which are considered most environmentally favorable.
The EIS is then used to make final permit decisions on the federal
level. They might also be used to make decisions on the state
and local level.
The EIS generally studies the following
areas and states the possible environmental affects of the mine
and ways to mitigate them:
- Cultural Resources: Researches if the
mine site would disrupt archeological sites.
Geology, geologic Facts: researches whether the area has the
geologic formations and conditions which would suggest a good
site for a specific mineral extraction.
- Surface and Ground Water Studies: Water
Balances, Water Quality: Studies both water sources to give a
baseline of their makeup.
Freshwater Fisheries and Marine Biology and Oceanographic Data:
Studies which determine the diversity, population size and health
of both the fresh water in the water in the area and any ocean
or salt water which may be impacted.
- Vegetation: Studies and inventories the
vegetation in the area.
Wetlands: Studies and inventories the surrounding area's wetlands
including the wildlife and vegetation.
Air Quality: Studies the air quality.
- Avalanche Hazards: An evaluation of possible
hazards from avalanches on the site and surrounding areas.
- Visual resources: Studies of the impacts
of the mine on the visual characteristics of the area both from
the community, surrounding areas and from the air.
- Socioeconomic: Studies the current socio-economics
of the community including diversity, jobs, services, housing,
property, taxes, schools, population, and the health care.
- Transportation: Studies the effects of
transportation to and from the mine.
- Geotechnical Investigation and Evaluation:
States what processes will be sued to extract the mineral and
how the mine will handle its tailings.
Economic Impacts
From the EIS and other information, the
public can make comments on the mining operation plans in the
area. The disputing points generally include socioeconomic concerns,
safety concerns and environmental concerns.
The socioeconomic concerns mainly deal
with jobs and population. According to Alaska Division of Geological
and Geophysical Surveys minerals and mining employed 3,492 Alaskans
in 1992. (Alaska Almanac, 1993, pag.103)
While the mine may provide jobs and bring
money to the community through economic diversification, it may
not employ people exclusively from the community. In other words,
the population of the area increases, as do the problems that
accompany it. This means more people competing for housing, education,
additional jobs, medical services, fore protection, and police
protection. On the other hand, more people may increase property
value, and taxes may increase which in turn may allow better
education. More people may mean more competition or more services
and retailers in the community growth and stability to a community,
which relies on only one industry.
These mining points can become exaggerated
in Alaska's rural communities where economic diversity is minimal
and jobs are scarce. Rural economics often cannot support services
found in larger communities. The money from a mining operation
often means construction of facilities including local high schools
and health clinics. The operation and money can also mean improved
public services, housing, water and sewer programs, electric
facilities, airports, public safety, and fire protection. In
addition, it can mean job training (See samples www.dmtcalaska.org)
and general economic growth. Opening a mine in or near a rural
community can bring additional to better jobs to the people in
the area. It can also mean an increase in population, a change
some communities may not want.
In Alaska, while mining might help the
economics of the area, there might be concerns that it could
impact subsistence harvests and lifestyles, an economic and cultural
concern. Some may see the success in cash employment as a way
to succeed in subsistence, allowing one to buy new and better
equipment for hunting and fishing.
Safety
Safety concerns regarding an opening
of mine involve transportation, and water, air, and noise quality.
Pristine wilderness areas and healthy habitats are the major
concerns. Alaska has the only U.S. artic wilderness. While some
of the arctic is preserved, its pristine wilderness can still
be an issue in the proposed mine area.
Healthy habitat means maintaining water
quality for healthy fish habitats and spawning grounds, maintaining
water and noise quality for healthy marine habitats and calving/birthing
grounds, maintaining healthy land and wetland habitats for all
the animals and especially for large migrating herds and threatened
species, and protecting the fragility of the arctic vegetation.
The vegetation in arctic regions takes
longer to grow than plants in other regions. The short growing
period, the soil condition, and the severe weather make it difficult
for plants in the northern regions to grow quickly, even with
their arctic adaptations. Mines, mine roads, and mine reclamation
projects can impact the tundra vegetation.
Reclamation
Reclamation plans revolve around restoring
contours and vegetation to the area to stabilize the soil. An
Alaskan reclamation engineering challenge involves permafrost.
Permafrost is defined as permanently frozen sub-soil which has
been frozen for over 2 years. It can range in depths from 1-2
feet to over 2,000 feet. Permafrost can be continuous or discontinuous.
In the Arctic regions for the state it is continuous, while in
the interior and south central it is discontinuous, being found
in patches of 20-400 ft deep. Some areas of Alaska contain no
permafrost.
Permafrost can be environmental engineering
challenge in both mining and reclamation if the frozen subsoil
begins to melt changing its consistency. When this sub-soil melts,
it not only looses it solidity, but its mass as well. Slopes
can flow and ooze if the thaw3ing permafrost contains more ice
than soil. This thawing can accelerate during mining and reclamation
because the subsoil is exposed to the sunlight and the temperature
changes for the Earth's surface. In addition, dark mining dust
can absorb sunlight and heat up the area. There is currently
no way to refreeze the soil permanently to stop water from melting
away.
Arctic vegetation can also be a challenge in addition to the
permafrost difficulties because grading frozen soil and subsoil
can be difficult, and the growing season short, the decay slow
and the nutrients minimal. In some places, the topsoil is very
thin and in other places non-existent with the top layer being
mainly being muskeg. Planting mosses in some areas have proven
to be successful. To overcome some of the seeding challenges,
some companies seed in the fall and allow the seeds to germinate
during the winter to allow better success in the short growing
season.
There are many complicated decisions to
be made regarding economics, safety and environment before a
mine is put into operation. Meeting and public hearings are held
and letters are written to voice viewpoints. Many people are
involved in the decision making process. When the decision process
is over, a process which in some cases takes many years, a mine
may or may not open in a given area. (Ecology/Economy, Module
D, Alaska Mineral Resources Kit1996, pg 104-107
Glossary-
Economic diversity (diversification):
A variety of different and unrelated income sources for a community
Economy: Regarding production, distribution and sue of
income, wealth and goods
Environmental Impact Statement: An analysis of the environmental
effects that could occur from a proposed action or project which
is required by the National Environmental Protection Act.
Natural Resource Extraction: Removal of a naturally occurring
resource usually by mining, drilling, cutting, or harvesting.
References:
**This article was adapted from Scott G
Britton, Mine Plant Layout. SME Mining Engineering Handbook,
2nd Edition, Volume 2. (Littleton, Colorado:
Society for Mining, Metallurgy, and Exploration, Inc., 1992),
pp. 1572-1579.
Resources:
Coggins, Jennifer; Ecology/Economy,
Module D, Alaska Mineral Resources Kit, developed 1985 revised
1996, pg 104-107.
ANNUAL PLACER MINING APPLICATION
http://www.dnr.state.ak.us/mine_wat/pdf/forms/2k-apma/apma_gen.htm
http://www.dnr.state.ak.us/mine_wat/propmgt/apmaperm.htm
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