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Wilderness Above, A Mine Below And A Furor

Credit Pacific Service Union Last month federal and state regulators granted a permit for a giant silver and copper mine that would burrow a length of three miles under a federal wilderness area, 900 feet below the snowy ridges and the lodgepole pine. The result would be one of the largest underground mines in North America and make this the first time the government had permitted large-scale mining beneath a wilderness area.

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Credit First Service Union NOXON, Mont. On the banks of Rock Creek here in the Cabinet Mountains of northwestern Montana, the only sound breaking the silence is the flow of the icy water. But that could change.

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Card Credit Mobile Service Last month federal and state regulators granted a permit for a giant silver and copper mine that would burrow a length of three miles under a federal wilderness area, 900 feet below the snowy ridges and the lodgepole pine. The result would be one of the largest underground mines in North America and make this the first time the government had permitted large-scale mining beneath a wilderness area.

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Card Credit Discover Service The regulators, citing an 1872 federal mining law, say the company involved is acting on a properly filed claim allowing it to mine on public land.

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Credit Public Service Union "A lot of people have been contacting me and saying, 'Just vote no,' " said Jan P. Sensibaugh, director of the Montana Department of Environmental Quality. But "the agency can't just decide that we can't go forward with the project just because the public doesn't want it."

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Card Credit Processing Service Ms. Sensibaugh's department and the United States Forest Service, the two agencies that granted the permit, have both said in response to opposition that in order to forge ahead, the company will have to abide by strict environmental regulations. Nevertheless, environmental groups vow to mount a strenuous legal challenge, saying the project imperils waterways and an isolated population of grizzly bears.

Center Credit Service Union The project has also angered officials in northern Idaho, which increasingly depends on tourists drawn to its clear rivers. Treated waste water from the mine would drain into the trout-filled Clark Fork River and across the Idaho border into Lake Pend Oreille.

Card Credit Service Wireless At the core of the fight is a question that has never been tested on so large a scale since Congress authorized creation of national wilderness areas 38 years ago: Should mines be allowed to extend underneath federally designated wilderness zones, which by statute are to be "untrammeled by man"?

Credit Security Service Union The company that wants to build the mine, the Sterling Mining Company, based in Spokane, Wash., says the Cabinet Mountains Wilderness Area would be untrammeled on the surface. The opening to the mine would be not in the wilderness area itself but on adjacent federal land. Hikers, campers and fishermen in the wilderness zone, the company says, would be unaware of the activity hundreds of feet below, except perhaps for occasional explosions needed to open shafts and reach deposits that Sterling believes total 935 million pounds of copper and 115 million ounces of silver.

Credit Report Service Opponents, though, say that the project would be far more intrusive and that it offers a vivid argument for revising the 1872 mining act.

Blogspot Com Christian Intended to encourage Western development, the law grants mining companies nearly automatic rights to mine on federal land for a few dollars an acre. Critics of the law, including Clinton administration officials who tried to overhaul it, argue that it has long outlived its intent and amounts to a lucrative giveaway to corporate interests.

Christian Counseling Credit "It's an absurdity, it's a crazy law," Cesar Hernandez, a field representative with the Montana Wilderness Association, said during a walk by snowshoe in the Cabinet Mountains area the other day. "If the Sistine Chapel was in this country, you could exercise a right to mine under it."

Credit Federal Service Union The proposed mine has plenty of supporters in western Montana, especially here in tiny, economically depressed Noxon, the closest town, which drew brief notice after the Oklahoma City bombing as a militia hotbed.

Credit Monitoring Service With logging and mining in decline, the town has tried, though without much success, to transform itself into a tourist destination, adopting the slogan "You can spell Noxon backwards, forwards or sideways, and it's still Noxon."

Credit Division Service Drinking coffee at the Noxon Cafe, Nick Schmidt, a 73-year-old retired pipeline mechanic, said the town could use a boost from the project, which officials say would employ about 350 people in addition to providing property taxes for a struggling school district. Asked what Noxon's primary industry was, Mr. Schmidt replied: "Nothing, anymore. That's why we need something like this."

Card Credit Online Service But the mine has fierce opponents, too, both in Montana and in neighboring Idaho, who say it will cause serious environmental problems. The mine would discharge up to three million gallons of waste water a day into the Clark Fork River. Over its 30-year lifetime, it would also be expected to throw off 100 million tons of crushed rock, or tailings, which would have to be buried in fields near here.

Consumer Counseling Credit Inc While both those activities would take place adjacent to the wilderness area per se, environmentalists say they can also foresee air pollution within the zone and damage to its watershed. The suits they are planning mean that mining operations are at least a couple of years off.

Card Credit Fleet Service Or another kind of law might stop the project: the law of economics. Sterling already owns a smaller mine, known as the Troy Mine, in a neighboring county. Operations were suspended there in 1993 because of low silver and copper prices.

Card Consolidation Credit The Troy Mine is a ghost town these days, in the words of Bruce Clark, its manager, one of only five full-time employees who maintain the big crushers and other mothballed equipment that the company hopes to restart once metals prices recover sufficiently. The same hopes prevail for the Rock Creek Mine, which has bigger deposits and so would be more economical to operate.

Credit Free Online Report Mr. Clark, a jovial man with a large mustache who has worked at the Troy Mine since 1980, said he was frustrated by public perceptions. Environmental regulations and improvements in technology, he said, mean that treatment of the Rock Creek Mine's waste water would bring it well within clean-water standards.

Credit Federal First Service "We can do it right we can absolutely do it right," Mr. Clark said during a tour of the Troy Mine that wound past a sign saying it had been built by "Montana miners and the free enterprise system."

Consumer Credit Service "A lot of people, you're not going to convince them that a mine is a good thing," Mr. Clark said ruefully. "You might as well be beating your head against that wall," he said, pointing to a massive face of copper-laced rock.

Center Credit Family Service But environmentalists say mining companies have always claimed to have the technology to prevent damage, and have often been proved wrong. The Clark Fork River, which winds through rocky canyons and grassy meadows here, has been affected by mines before. Cadmium, arsenic and other toxic elements from more than a century of mining have polluted it and other rivers in the area, including the Blackfoot, which empties into the Clark Fork and was immortalized in Norman Maclean's "A River Runs Through It."

Credit Reporting Service The Clark Fork has been the object of a longstanding cleanup campaign, one that the Rock Creek Mine's opponents, including the Clark Fork Coalition and the Rock Creek Alliance, say makes the idea of introducing new mining waste to the area profoundly objectionable.

Cca Credit Division Service The opponents plan to wage a legal battle over the scope and intent of the Wilderness Act of 1964, which authorized the wilderness areas. Among the issues is whether that statute trumps the 1872 act, which decreed that mining be considered the best use of public lands.

Credit Free Report Service No roads, construction or motor vehicles are ordinarily permitted in wilderness areas. The Wilderness Act allowed existing mining "patents" claims to the minerals in a given location to be exercised in a few wilderness areas. But most of those existing patents involved very small-scale operations.

Card Credit Customer Discover The claims at Rock Creek, on the other hand, were filed afterward, and the courts will probably be asked to determine whether so large an operation is permitted within the meaning of the Wilderness Act.

Credit Repair Report Service "The Bush administration and the State of Montana are acting as if there is an absolute right to construct this mine," said Roger Flynn, director and managing attorney for the Colorado-based Western Mining Action Project, which is representing a coalition of conservation groups planning to challenge approval of the mine. "That's simply not the case at all under federal law."

Credit Legal Repair Service But Frank Duval, Sterling's president, said the company's patent gave it the right to take the silver and copper that lie buried beneath the wilderness area.

Cic Credit Monitoring Service "The opponents say we'll kill all the bears and poison the fish," Mr. Duval said. "That's just ridiculous. This thing has been studied and studied and studied, and the fact is the mine can operate and follow all the proper guidelines."

Ccs Credit Division Service By Sam Howe Verhovek
New York Times - 1/12/2002

Topic: Public Lands

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