DEQ Invites Public Comment on Wastewater Permitting Actions for the Montanore Mine

• November 01 2024

DEQ has drafted a new Montana Pollutant Discharge Elimination System (MPDES) permit (Draft Permit) to replace a 2006 permit for the Montanore Minerals Corporation (MMC) Libby Creek Adit located south of Libby in Lincoln County, Montana.  

The Libby Exploration Project is an underground silver ore and copper ore mineral exploration operation. MMC is authorized to conduct limited development of the Libby Creek evaluation adit. Further development of the adit would require additional authorization. The Draft Permit covers the discharge of wastewater associated with the previously authorized exploration activity only. It does not cover any potential discharge associated with active mining.

Wastewater from the site includes storm water as well as treated mine drainage that has been mixed with storm water. The Draft Permit sets requirements for how clean the water must be before it can re-enter Montana waterbodies. Upon approval, the Draft Permit would take the place of the active permit issued in 2006, which DEQ proposes to terminate. DEQ previously issued a renewal permit in 2017, which was vacated by the Montana Supreme Court in 2020 following litigation. The Draft Permit.  

DEQ is seeking public review and comment on two separate but related public notices. The first is for the termination of the existing permit (MT0030279) and the second is for issuance of the Draft Permit (MT0032158) and the associated draft Environmental Assessment, which was prepared in accordance with the Montana Environmental Policy Act.

November 15, 2024 -- UPDATE

After re-reviewing the two public notices, DEQ has decided to withdraw both notices and pause the public review effective today.

Public Notice No. MT-24-13 incorrectly indicated that the purpose of the notice was to seek comments on the issuance of permit No. MT0030279; however, DEQ’s purpose in issuing that notice was to seek comments on the termination of the permit. We sincerely apologize for any confusion this may have caused. Because the two notices were intended to be issued at the same time with coordinated effective dates, DEQ determined it was necessary to withdraw both public notices at this time.

Upon notifying Montanore Minerals Corporation of this decision, DEQ learned that the applicant intends to submit additional information that may change DEQ’s permitting analysis. For this reason, we have decided not to re-issue revised public notices at this time. Any future notices related to these issues will provide further opportunity for public review and comment.

We recognize that time has been invested in reviewing and commenting on the current draft documents. All comments received will be maintained as part of the record.