There is no dispute that the contingent pit water treatment plan that is contemplated on Buckhorn Mountain would need to be perpetual. There is also no dispute that Ecology has never before issued a 401 certification requiring perpetual treatment. In fact, there is no evidence that Ecology has ever authorized a Clean Water Act permit of any kind, prior to the start-up of an operation, that anticipates the operation will need perpetual treatment after the operation closes. This situation is unique to BMG's proposal. Ecology's decision sets a dangerous precedent in Washington's water quality policy.
Perpetuity is a long time.
A facility that anticipates a need for perpetual treatment should not be permitted. The State should not be in the business of authorizing new superfund sites. Waste rock leachate would violate water quality standards. The proposed Crown Jewel Mine would result in the creation of two large waste rock piles. The north waste rock pile is proposed in the headwaters of Nicholson Creek.