The Rock Creek Mine has never been closer to reality than it is today.

Despite longstanding opposition, the Rock Creek Mine is closer to being permitted than at any time in its history. In December 2007, the Forest Service issued a Letter of Determination approving phase 1 or the Exploration Adit phase of the mine.  Following significant modifications of the exploration plan proposed by Revett Minerals, Montana DEQ released an Environmental Assessment (EA) in July 2008 to address these changes.  Although many of the modifications would result in impacts to ground and surface water and potentially impact domestic wells, Montana DEQ approved the modified plan.   However, due to our pending litigation, no mine related activity, including exploration adit construction can take place on public land.

The U.S. Fish and Wildlife Service also has signed off on Revett’s grizzly bear mitigation plan even though the mine would render over 7,000 acres of the bears already limited habitat unsuitable. The U.S. Fish and Wildlife Service has also concluded that for the mine to be permitted, it would be necessary to sacrifice Rock Creek’s bull trout population, which they claim is not critical to the overall survival of the species. The mismanagement by the agency of both threatened species violates the protections afforded under the Endangered Species Act.

However, recent events (see below) have brought hope. Now is the time to redouble our efforts to protect the Cabinet Mountains Wilderness, Lake Pend Oreille, and native wildlife, including grizzly bear and bull trout. The Rock Creek Alliance is currently engaged in lawsuits challenging the mine’s impacts to water quality, endangered species, and public lands and resources. We are working to inform area citizens of the perils of the Rock Creek project. Most importantly, we’re asking why our government-appointed officials would support a questionable company and mine plan with such a fragile ecosystem at risk.

Montana Supreme Court Decision
In December 2008, the Montana Supreme Court issued a decision pertaining to an appeal that our legal counsel filed in 2007.  Attorneys for the Rock Creek Alliance and others argued that the wastewater discharge permit issued by Montana DEQ for the release of mine effluent into the Clark Fork River, violated the Montana Water Quality Act.  The Court’s decision resulted in the revocation of the permit authorizing the discharge of 3,000,000 gallons per day of mine wastewater into the Clark Fork River.  The Court also found that this discharge, because of its perpetual nature and need for long-term treatment, should be deemed “significant.”  Under the Montana Water Quality Act, a significant discharge requires an in-depth analysis that evaluates the social, economic, and environmental aspects of the project.

Construction of the Exploration Adit

The Montana Supreme Court ruled that the Montana DEQ did not require the appropriate discharge permit when granting Revett approval of its plan to build an evaluation adit near Rock Creek. Under Revett’s plan, millions of tons of sediment would have been discharged into Rock Creek, seriously impairing it as spawning habitat. This ruling effectively sends Revett back to the drawing board on its construction phase. The company will need to go through the proper permitting channels and propose effective mitigation before beginning construction. The DEQ will have to review this new data and determine whether or not to permit the construction based on a more stringent standard.

Status of Lawsuits

Currently, there are three pending lawsuits filed on behalf of the Rock Creek Alliance and several other groups involved in litigation. A court hearing for our Montana state suit has not been scheduled. This suit deals with the introduction of sediment into Rock Creek from road construction associated with phase 1 of the mine and the impacts it would have on bull trout.

Our two lawsuits filed in federal district court also do not yet have a hearing scheduled. These cases challenge the Biological Opinion issued by the U.S. Fish and Wildlife Service and approvals issued by the U.S. Forest Service to allow construction of the exploration adit.

Where Revett Stands in the Permitting Process

Revett has received conditional approvals from the U.S. Forest Service and Montana DEQ to begin construction of the evaluation adit (phase 1 of the mine). Prior to beginning construction on federal land, Revett must post a water treatment bond, construct a water treatment plant, complete mitigation activities required by the USWFS, and incorporate any revisions to its operating plan that the agencies may require. However, even if agency conditions are satisfied, Revett cannot proceed without court approval due to pending litigation. Our litigation in state court challenges the validity of the general construction permit issued by Montana that would allow construction activities to commence. Two of our lawsuits also challenge the legality of federal approvals including the biological opinion for bull trout and grizzly bears.

Full mine construction (phase II) would not begin until data obtained from phase 1 are analyzed to further assess the risks of metals leaching into the watershed, quantify the potential of acid-mine drainage, and further characterize other geochemical and hydrological risks from the mine.