Hide this alert
InfoMine Home

Mining Law 

 
Authors: Jack Caldwell

Summary

This review describes laws and regulations pertaining to the mining industry in countries including Canada, the United States, South Africa, Mongolia, China, Turkey, and Kazakhstan. The review surveys international law, common law, and even Anglo-Saxon law regarding mining and the development of modern laws and regulations that apply to mining practice.

INTRODUCTION

This survey is but an overview of mining law and the firms in Canada practicing in mining law. Many other law firms that service the mining industry in North and South American are in the Infomine Suppliers Database. If you need mining law services, please consult this list, and/or the internet, and/or your trusted local lawyer. Recall that it is ultimately the skill of the individual lawyer that wins the case, not the flash of the corporate website.

INTERNATIONAL LAW

My professor of jurisprudence questioned whether so-called international law was indeed law.

  • It is not duly promulgated by any accepted regulatory body
  • There is nobody with the courts or police to enforce it and punish transgressors

My professor of International Law of course claimed that international law is valid law in that it is a body of agreed conduct based on fundamental principles of moral and ethical conduct.

I know of no mining company that “obeys” international law in the same way as it obeys national and local laws. But I do know of those shining examples where the miner acts in accordance with the moral and ethical principles that are set out by Marcos Orellana in his paper on Indigenous Peoples, Mining, and International Law. Apart from the thorny issue of “who is indigenous?”, he makes a persuasive case that contemporary international law is evolving towards a recognition that indigenous peoples have the right to own, develop, control and use the lands and territories, including the total environment of the lands, air, waters, coastal seas, sea-ice, flora and fauna and other resources which they have traditionally owned or otherwise occupied and used.

I worked for many years with the Navaho and Hopi in Arizona and New Mexico to remediate uranium mill tailings piles that were the legacy of atomic bomb development. We were not influenced by any notion of international law but were able to concentrate on meeting a simple national law that mandated a remediated pile stable for at least one thousand years. My project colleagues from these two nations stood solidly behind this long design life.

But I was much disconcerted when I went to Spain to help close a uranium pile and they laughed at me for thinking 1,000 years a long time. As my host pointed out, a Spaniard had been emperor or Rome at least two thousand years before, the bridge we were standing on was 1,600 years old, and the family in the 1,200 year old castle were still considered strange by the village, for the count who built the castle threw his first wife from the tower the day after it was completed. The indigenous Spanish villagers demanded a much longer design life than the Hopi or Navaho, and were firm in the belief that that was consistent with historical law.

On the table outside the meeting rooms of the Rocky Mountain Mineral Law Foundation meeting in Vancouver, July 2007, were free copies of Mining in 32 Jurisdictions Worldwide and Environment in 25 Jurisdictions Worldwide, both published by Getting the Deal Through.

The first, a slim volume, contains an overview of the law related to mining in countries from Argentina to Zambia. For each country, legal experts describe the mining law for individual countries under these general headings:

  • The Mining Industry
  • Legal and Regulatory Structure
  • Mining Rights and Title
  • Duties, Royalties and Taxes
  • Business Structures
  • Financing
  • Restrictions and Limitations
  • Environment, Health and Safety
  • International Treaties.

One way to judge the quality of a volume is to see what is says about something about which you know something. So at the expense of repeating the obvious, here is what Robert A Bassett of Holland & Hart LLP says about mining law in the United States.

The principle law regulating the mining industry on federal land is the General Mining Law of 1872, (GML) which governs the acquisition of mining rights on federal lands. In addition, the Federal Land Policy and Management Act of 1976 (FLPMA) governs the use of federal lands including access to those lands and the exercise of rights under the GML on lands administered by the Bureau of Land Management (BLM) and the US Forest Service (USFS). Both the BLM and the USFS have issued extensive, detailed regulations governing mining operations that implement the mandates of FLPMA. The principle environmental law governing mining on federal lands is the National Environmental Policy Act (NEPA) that requires every public agency to consider the impact of any major federal action upon the quality of the human environment. For mining projects, NEPA and its implementing regulations nearly always mandate the preparation of an environmental assessment (EA) followed by the preparation of and environmental impact statement (EIS). Preparation of an EA or EIS also requires analysis of a project under many other environmental statutes including the Clean Air Act, the Clean Water Act and the Endangered Species Act.

I was intrigued to read this under the heading US International Treaties:

One of the treaties that is most watched by the mining industry in the US is the North American Free Trade Agreement (NAFTA), and its provisions regarding expropriation claims. A case is currently pending under chapter 11, article 1,117 of NAFTA, in which Glamis Gold Ltd, a Canadian mining company, is claiming that when governments of the US and of the State of California took certain actions that resulted in Glamis being denied permits to operate certain gold mines in California, those governments violated the anti-expropriation language of NAFTA and that Glamis is therefore entitled to a large amount of damages. This matter was filed in 2003, and is currently working its way through the arbitration system established under NAFTA.

Clearly this slim volume does not go into every detail of the law of every country. For example, for Canada there are five pages of text. Compare this to the 3/8-inch thick volume called Canadian Mining Law published (sponsored?) by Fasken Martineau. There are no page numbers to this fascinating volume that is billed as being “from the Second Edition of the American Law of Mining.”

LAWYERS BY COUNTRY

CANADA
The lawyers I know and have worked with are uniformly reticent to put anything in print about themselves, let alone splash it over the web. So it was with delight that I saw the informative websites of Canadian law firms serving the mining industry. Here are some that practice in Canada:

Edwards, Kenny & Bray of Vancouver, BC, www.ekb.com, where they list the areas of mining law in which they specialize, namely:

  • exploration and development agreements
  • joint ventures
  • acquisitions and divestitures
  • royalty agreements
  • project and corporate finance
  • regulatory approvals
  • contract negotiation and drafting
  • public offerings

Fasken Martineau at www.faskenmartineau.com includes global mining in their areas of practice. There are many papers on mining law on their site—including one I pondered over on South African mining law. While there is no doubt they could address all and any of your mine’s legal issues, here is a quote from their website to summarize their practice and provide insight as to the scope of mining law in general: Typical transactions in which Global Mining Group members would be involved include options and earn ins, joint ventures and shareholder agreements, acquisitions and dispositions, royalties and mine construction and mine operating agreements. In addition, international mining projects demand our skills in such complex areas as structuring transactions to promote tax efficiencies, and reduce exposure to political and regulatory risk and facilitate financing. Mining finance is an important dimension of the group's services and includes private placements, public offerings, project debt financing, forward sales and other hedging transactions.

The following is a similar but longer list of mining law services from http://www.fmc-law.com, the web site of Fraser Milner Casgrain, lawyers with offices from Vancouver to New York:

  • mergers, acquisitions, amalgamations, divestitures and reorganizations
  • public and private equity and debt offerings, including IPOs
  • joint ventures and strategic alliances
  • contracts in relation to exploration, development, production and marketing
  • project and structured financings
  • advice regarding corporate governance and shareholder matters, including proxy contests
  • licensing and royalty arrangements
  • advice regarding environmental and aboriginal issues
  • occupational health and safety
  • tax

USA
By comparison the United States law firm Erwin & Thompson LLP of Reno, Nevada (www.renolaw.com) simply provides links to the sites they presumably use in their mining law practice. Their list is a useful reminder of sources of information, even though their links include those otherwise commonly known including the U.S. EPA and the Office of Surface Mining. They link to Infomine’s LawMine Page -- so we have now reached the summit of circular referencing.


INDIA

From an e-mail I received out of the blue:

"I look after the operations of the Bhubaneswar office of India's largest law firm Fox Mandal. Bhubaneswar is the capital of the State of Orissa on the eastern coast of India. This State has some of the world's largest reserves of iron-ore, manganese, limestone, bauxite and chromium. Recently, the State has attracted big international names in the metals and mining industry. The State has been the focus of resources companies like BHP and Rio-Tinto. Alcan, De Beers, Posco, and Dubai Aluminium have significant interest in the State. Domestic companies like TATA and NALCO operate from the State."

From their website here is more history of the firm:

Fox Mandal, one of India's oldest and largest full service legal Organisation, traces back its origin in Calcutta when in 1896 J K Fox and G C Mandal, joined in partnership to establish one of the first Indo-British law firms in the name of "Fox & Mandal". Upto 1984, the firm grew in Calcutta and established itself as a leading law firm in India. In 1984, the management of the firm was persuaded to open an associate office in New Delhi under the name of Fox Mandal & Co. with local partners based in New Delhi. The success of the firm's operations in New Delhi was instrumental in establishing other associate offices in Bangalore in 1994, Chandigarh in 1996 and Hyderabad in 1998 and representatives stationed in Bhuvaneshwar, Chennai and Cochin. In the year 1996, Fox Mandal celebrated its Centenary. At present the firm has over a hundred and fifty lawyers, fee earners and support staff.

The Bhubaneswar office serves foreign investors in the metals and mining industry and advises multinational and domestic mining companies. Areas of work specific to the mining industry include:

  • Foreign Investments in Mining
  • Company Incorporation
  • Corporate Affairs
  • Joint Venture Formation and Strategic Alliances
  • Due Diligence Studies
  • Drafting agreements and licenses
  • Acquisition of land rights and mineral concessions
  • Liaison with Government Authorities in regard to mineral concessions
  • Advising on constitutional issues relating to mining, forest, environment and tribal rights in mining ventures
  • Advising on road and railway linkages to mining sites
  • Advising on Financing - Loans, Bonds, IPOs etc
  • Mergers, Acquisitions, Amalgamations and Restructuring
  • Advising Labor regulations
  • Representing Mining Companies in Labor disputes in tribunals and courts
  • Representing Mining Companies in Courts with respect to disputes on royalty payments.

SOUTH AFRICA
Deneys Reitz describes the work this venerable old company does for the mining industry in South Africa and list these services:

  • Negotiation for the acquisition of grants and licences
  • Drafting agreements and licences
  • The acquisition of land, mineral rights, and prospecting and mining enterprises
  • Surface use conflict, and relationships with land owners
  • Expropriation
  • Aspects of traditional, tribal and trust law and land restitution
  • Environmental aspects
  • Enquiries into mine accidents
  • Damage and injury claims
  • Ventures by foreign investors in South Africa and by South African investors abroad
  • Water law
  • Constitutional and administrative matters affecting mineral rights and mining law
  • Tax and other fiscal implications


MONGOLIA
The address for the law firm ERDEM & BAYAR ASSOCIATES (http://www.bayarlaw.mn) is:

Sukhbaatar Duurgin baruun tald,
Next to Sukhbaatar DC Crt,
Ulaanbaatar, Mongolia

Who can resist so fascinating an address? I will probably never get there, but at least I could visit their web site. They provide these legal services to the mining industry in Mongolian, Russian, Chinese, and English:

  • Oil and Gas Leasing and Surface Owner Agreements
  • Title Opinions
  • Purchase and Sale, Farm-out and Operating Agreements
  • Debt, Equity, and Vendor Participation Financing Agreements
  • Gas Gathering, Transportation and Processing Agreements
  • Coal Leasing and Titles
  • Hard Rock Claims and Mining Joint Ventures
  • Production Sharing Contracts and Concessions
  • Study and Bidding Agreements
  • Farm-outs and Earn-in Arrangements
  • Joint Operating Agreements
  • Project Finance
  • Mining Concessions and Joint Ventures
  • Foreign Corrupt Practices Act

CASE HISTORIES

Lawson Lundell
I prefer case histories to lists of practice areas as a way of understanding what a company does Lawson Lundell LLL of Vancouver, Calgary, and Yellowknife at http://lawsonlundell.com/aop/MiningLaw.asp provide these sketches of their mining-related legal work:

  • exploration and joint venture agreements in all Provinces of Canada and the Northwest Territories, Nunavut, the Yukon and throughout the world including Mexico, Suriname, Chile, Ecuador, Brazil, Turkey, Guinea, South Africa, China and elsewhere;
  • mine permitting, the Environmental Assessment Act (British Columbia), the Canadian Environmental Assessment Act, the Mackenzie Valley Resource Management Act, the Nunavut Land Claims Agreement and the securing of reclamation obligations;
  • the search for diamonds in the Northwest Territories, Nunavut, Alberta, Saskatchewan and Ontario. This has entailed the assembly of several million acres under option and joint venture agreements and has required innovation in several respects because of the peculiarities in the way in which diamonds are found, mined and sold. In particular, definitions of diamond royalties and diamond sales agency arrangements had to be created;

Macleod Dixon
Even more informative are the technical papers and case history snippets from the Macleod Dixon LLP site at macleoddixon.com Here are some of them:

  • As counsel to Pan American Silver Corp, we have participated in the reactivation of the Dukat Silver Mine in the Magadan Oblast of the Russian Federation. Our mandate included title investigation, negotiating silver and gold sales agreements with Russian authorities and banks, assisting in obtaining a decree for export of silver concentrate outside of Russia, keeping the client updated about changes in Russian mining legislation, clarifying the status of the Magadan Special Economic Zone, preparation of opinions for IFC financing.
  • As counsel for the underwriters and the fund, we participated in structuring the Labrador Iron Ore Royalty Income Trust Fund. In Labmin, a Canadian public company held, through a wholly owned subsidiary, a royalty interest in the Iron Ore Company of Canada's mine at Labrador City, Newfoundland. The challenge was to find a structure whereby the royalty owner could realize the economic value of the royalty on an acceptable after-tax basis.
  • Mergers, acquisitions and RTOs including principal counsel on the take-over bid by Barrick Corporation of Pangea Goldfields Inc. for $200 M, take-over by Tan Range Exploration Co. of Tanzania American International Development Corporation 2000 Limited, and reverse take-over of Westley Mines Inc. by Moydow Mines International Inc.
  • Litigation and disputes including threatened and actual legal proceedings involving NPR and NSR calculations, alleged negligence by a geotechnical consulting firm, alleged breaches of antitrust law in base metals and industrial metals, ownership of aggregate, misappropriation of geological information and breach of property rights.

LAW BY COUNTRY

Anglo-Saxon Law
The first formal disposal of municipal solid waste (refuse) in Los Angeles was in 1873 when the City established a “garbage and dead animal plot for burial three feet below ground”. Until well into the 1950s, Los Angeles residents burnt their garbage in backyard piles—as I still do on the farm in Iowa There followed the period of construction and operation in the later part of the twentieth century of the great LA landfills including the OII Landfill that rises 300 ft above the freeway and just down the way the Puente Hills landfill which is the most wooded site in LA with more deer per acre than the midwest Within the next decade LA will run out of landfill space—but not to worry, for by then refuse will be transported by rail out into the desert and to the old Mesquite Mine where there is space for hundreds and even thousands of years of LA garbage.

The late Professor Robert Lee Aston in his fascinating book “Surface Mining Law and Reclamation by Landfilling” examines the history, the law, and the practice in the United Kingdom, the United States, and Canada of mining, landfilling, and using old mines as landfills. Just a half mile from my Huntington Beach home is an old gravel quarry developed in the early part of the twentieth century; in the fifties and sixties the quarry was filled with municipal solid waste; and in 2005 a new playing baseball field and sports complex was opened on the reclaimed site Professor Aston does not describe that out-of-the way California site—he was a professor at the university of Missouri-Rolla—but the Gothard Street landfill proves his point that old mines can and should be filled with refuse if society is to get the minerals it needs and is to dispose of the garbage that every-day living generates

I was once tempted to write a compendium of mining history and law, but there is no need with this book is on my shelf: it does the job in so readable a fashion that even the Seabus on which I read most of it faded into the distance as my attention was held If you are interested in mining law, landfill law, mining history, landfill history, and a most rational solution to the future problems of both industries, it is in this book.

Other interesting case histories on the use of mines for disposal and backfill reclamation include the following (many documents about the controversies they have caused may be found on the web): (1) Eagle Mountain in southern California where for many years proposals to fill the pit with refuse have been opposed by those who value the desert tortoise and nearby Joshua Tree; and (2) upland disposal in one or more of the many gravel mine pits of the Azusa area of dredged contaminated marine sediments from the harbors of LA and Long Beach

USA - New Mexico
New Mexico was amongst the last states in the US to adopt a non-coal mining law, namely the New Mexico Mining Act of 1993. I lived and worked in this beautiful state in the mid-nineties just after promulgation of the Act I recall it as controversial then, and now we have the chance to look back and see what the act has achieved In a recent publication “Mining in New Mexico” [electronically available at geoinfo.nmt.edu] are a series of articles on the history of the act and its impact on mining in New Mexico.

Gary King, the legislator who was the guiding force behind promulgation of the act, concludes that “The approach outlined in the Mining Act and enforced through current regulations has allowed for continuing reclamation at current sites, and ….strides toward protection of our New Mexico communities.” Bill Brancard of the New Mexico Natural Resources Department quotes the Canadian Fraser Institute, which ranks New Mexico eleventh of fourteen US states with the most room for improvement in the attitude and opportunities for mining The jurisdictions with the most room for improvement were Montana, California, Alaska, and Colorado.

CHINA
William L. MacBride, Jr. and Wang Bei write that the principal mining law of China is the Mineral Resources Law, adopted March 19, 1986, amended on August 29, 1996 ("Amendments") and effective as amended as of January 1, 1997 (after passage of the 21st Session of the Standing Committee of the 8th National People's Congress on August 29, 1996) The basic premise of the law is that foreign investment enterprises are to be treated in the same way as to domestic enterprises, regarding exploration rights, mining rights and the transfer of those rights.

China has adopted a licensing-type of system for the exploration and exploitation of the mineral resources. Exploration permits (or licenses) are registered and issued to "licensees" in the form of 3-year leases (7 years for oil and gas) from the Central or the Provincial Bureau of Land and Resources.
When an economic deposit is discovered, the licensee may apply for a 2-year renewal or retention of the exploration right (permit) within thirty (30) days prior to expiration of the permit term, for a maximum period of four (4) years or two extensions, covering the area of the economic deposit. The permittee, with approval and compliance with exploration expenditures, may transfer its explorations right.

The mining license holders of a mining right are termed "concessionaires," and their license terms are determined by the magnitude of a mining project If the size of a mining project is large, the maximum term of the mining license is thirty (30) years, and scaled down from there to as low as ten (10) years for one small in size The "rentals" for exercise of the mining right are a fee of 1,000 RMB per square kilometer per year The Ministry of Land and Resources is responsible for approving exploitation applications for coal, hydrocarbons, precious metals, most base metals, most non-metallics, rare earths and other minerals as listed in the appendix to the Regulations on Registration for Exploration of Mineral Resources, for large scale reserves. The concessionaire, or mining licensee, may transfer with governmental approval all or a portion of its mining right.

Once mining licenses are obtained, the rights of the concessionaires include the following: to conduct mining operations within the term and mining area prescribed by the license, to sell the mineral products by themselves, except for those mineral products which the State Council had prescribed for unified purchase, to construct production facilities within the mining area, to acquire land use and other rights The concessionaires have obligations including reporting requirements and submission to inspections Additionally, the miner - applicant for a mining right (concession) must present, with its plan for development and utilization of the mineral resources under lease, an environmental impact statement.

KAZAKHSTAN
Kazakhstan ranks 12th in world lead production, 12th in zinc, 14th in copper, 11th in silver, and 24th in gold. The mineral sector makes up 16 percent of the GNP, 30 percent of exports, and 19 percent of industrial employment.

Kazakhstan since the 1991 break with the Soviet Union has moved to bring its legal system into line with accepted international legal principles. The Edict of the President, Law on Subsoil Use dated 27 January 1996 vests the subsoil and useful minerals therein in the State The prospective miner obtains the right to explore and mine through a government contract and has the rights to own any minerals extracted.

The government basically identifies prospective ore bodies, issues tenders to mine, and issue permits to mine Production contracts issued by the government may be valid for up to 45 years for a major deposit Local executive bodies supervise the protection of the land and participate in negotiations with miners for environmental and social protection

Once you have a permit to mine, you are permitted to use your discretion about how to mine, how to contract for services, to hire subcontractors, and to stop mining Miners are obliged to use “the most efficient methods and technologies based on international standards”, to give preference to Kazakhstani personnel, and to preserve objects of historical and cultural value.

SOUTH AFRICA

Deneys Reitz describes the South African mining law briefly as follows:

……the mining and mineral laws in South Africa developed by need and experience, relying on basic Roman-Dutch common law principles but substantially and frequently augmented by statute law and judicial interpretation. Relevant statute law was first enacted in the 19th century. Eventually, in 1964 and 1967, the numerous legislative enactments were consolidated with the introduction of uniform legislation applicable throughout the Republic of South Africa, which remained in force until 31 December 1991. Although this legislation reserved the right to the State to mine for precious metals, precious stones, and natural oil, the philosophy in regard to its implementation was essentially one which promoted private enterprise.

On 1 January 1992, the Minerals Act 1991 came into operation. The objects of the Act are:

  • The optimal exploitation of minerals
  • The safety and health of persons engaged in mining
  • The orderly utilisation and rehabilitation of the surface of land during and after mining operations

These objects are implemented by a licensing system which is premised on the acquisition of the right to prospect or mine from the person in whom such common law proprietary rights vest. These rights enjoy protection in the Constitution. The common law read with the statute law remains of great importance. The Act has simplified the complex historical statutory systems by abolishing the former classifications of minerals and of land, repealing the vesting in the State of the right to mine certain minerals and classes of minerals, doing away with a plethora of different forms of rights and authorisations to prospect and mine and to use the surface (while preserving existing such rights and authorisations), and abolishing the reservation of land by proclamation for purposes of mining. The philosophy remains the promotion of private enterprise.

The Mineral and Petroleum Resources Development Act 2002 was published in the Government Gazette on 10 October 2002. The new Act will provide for the conversion of used existing rights, and applications for new rights to replace unused existing rights. The transitional periods are two or five years for used prospecting rights and for used real mining rights,and one year for unused mineral rights, whereafter all existing rights will cease to exist. The State will then be able to grant new rights to any competent applicant save where transitional new rights have been granted to replace existing rights.

A personal reflection: Growing up on a mine in South African and studying law at the University of the Witwatersrand, I never thought I would read anything like the follow definition from the Mineral and Petroleum Resources Development Act, 2002 It needs no comment other than its noting and the thought that it may be a model for other countries:


Broad based economic empowerment” means a social or economic strategy, plan, principle, approach, or act which is aimed at:

  1. redressing the results of past or present discrimination based on race, gender or other disabilities of historically disadvantaged persons in the minerals and petroleum industry, related industries and in the value chain of such industries;
  2. transforming such industries so as to assist in, provide for, initiate or facilitate:
    1. the ownership, participation in or the benefiting from existing or future mining, prospecting, exploration or production operations;
    2. the participation in or control of such operations;
    3. the development of management, scientific, engineering or other skills of historically disadvantages persons;
    4. the involvement of or participation in the procurement chains of operations;
    5. the ownership of and participation in the beneficiation of the proceed of the operations or other upstream or downstream value chains in such industries;
    6. the socio-economic development of communities immediately hosting, and affected by the supplying of labor to the operations;
    7. the socio-economic development of all historically disadvantaged South Africans from the proceeds or activities of operations.

TURKEY
For those fascinated by the law in all its guises and particularly as it relates to mining, the review in the July 2004 issue of the Mining Journal, albeit aged, is a classic must get, keep, and reread. I was particularly fascinated by the description of Turkey’s new mining law which the authors criticize thus:

The new law appears to be more focused on regulating small entrepreneurs and speculators through bureaucratic control rather than on modernizing the code to encourage large private investments The investor’s main requirement from a modern mining law is its ability to regulate mineral operations with simple and clear laws that provide them with free access to mineral resources through transparent processes, secure tenure, transferable rights, and operational and commercial freedom Turkey’s new law does not have such a standard and clarity, and the multiple-license issue is contradictory to investors’ requirements.

LAW BY ISSUE

Open Pit Backfilling
In simple terms, sustainable development means that we should use things in such a way that future generations can use them too, or at least enjoy the same benefits as we enjoy from use of the resource.

To this end amongst others, California has legislated backfilling of mine open pits. As stated in the findings and declarations of the Surface Mining and Reclamation Act of 1975 “reclamation of mined lands…will permit the mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.”

At hearings into promulgation of the open pit backfilling law, as reported in the Executive Officer’s Report [April 10, 2003], the representative of the C.R. Biggs Mine appears to have been the only mine protesting. The response to the mine’s protests were as follows: “The 86 jobs that will be lost because of the natural closing of the current Briggs operations are a result of the natural exhaustion of proven reserves; this is a condition that, ultimately, befalls all mining operations.

The 2002 South African Mineral and Petroleum Resources Development Act does not go as far as Californian legislation that forbids a lead agency from approving a mine unless the reclamation plan provides for filling the open pit. All the South African Act calls for is an environmental management plan or program that describes how the miner intends to modify, remedy, control or stop any action, activity, or process which causes pollution or environmental degradation.

LAW LIBRARY

The best law library on the web? Go to the Madcom Law Library.

Here is the resume of one of the two people who make this happen:

Mr. Demuth has over 18 years of experience providing environmental documentation consultation, training, support, and service to geotechnical, civil engineering, environmental, and archaeological firms. He has produced baseline study documents, bibliographies, cultural resource documents, environmental assessments (EAs), environmental impact reports (EIRs), environmental impact statements (EISs), evidentiary and due diligence documentation, permits and permitting, plans of operations, safety documents, siting proposals, specifications for subcontractors, and storm water pollution prevention plans. Mr. Demuth's practical knowledge stems from his experience in the field as a project manager/environmental compliance consultant supervising exploration drilling, condemnation drilling, water exploration and production drilling, preconstruction, and construction at a heap leach gold facility on the Carlin trend.

Here are some of his mining projects;

San Juan Ridge Mine Environmental Impact Report, Nevada County, California:

Responsible for technical editing and document production of an environmental impact report which analyses the environmental impacts associated with development of a 162-acre underground gold mine situated in Nevada County for Welsh Engineering Science & Technology, Inc.

Hayden Hill Mine Project, Cultural Resources Section of Draft Environmental Impact Report (EIR), Lassen County, California: Responsible for technical editing and document production of the cultural resource section to the Hayden Hill screencheck draft EIR for Hayden Hill Operating Company, Inc. through Western Cultural Resource Management, Inc.

Bodie Mine Project, Environmental Impact Report - Drilling Program, Bodie, California: Responsible for technical editing, document production, and graphics for screen check draft and draft environmental impact report (EIR) prepared by Bodie Consolidated Mining Company and their technical team composed of regional experts in eleven different resource fields.

Undisclosed Client, Leach Pad Damage Documentation, Colorado: Researched and compiled a pictorial history of a catastrophic heap leach pad (HLP) construction failure at a large gold mine site surrounded by Rio Grande National Forest land in Colorado. Exhibits consisted of the HLP liner as-built prior to failure, final perimeter of new HLP liner, repaired and replaced HLP liner, repair areas of HLP liner, and ore on HLP prior to failure.

A fascinating site, an interesting person, and some intriguing projects. Take a look.

| Back To Top |

News

Publications

Suppliers

Events

Careers

Edumine Courses

Specialists

Publications Search