Save the Blackfoot. Vote NO on I-147.
Pollute Water Harm Property Rights Cost Taxpayers Millions Introduce No New Safeguards
FREQUENTLY ASKED QUESTIONS ABOUT I-147

Q: What is I-147?

A: I-147 is a ballot initiative that overturns I-137, the initiative Montana voters approved in 1998 banning new and expanded open-pit cyanide-leach mining in Montana. Colorado's Canyon Resources, which is proposing the 7 Up Pete Joint Venture/McDonald Meadows Project, a very large open-pit cyanide-leach mine along the upper Blackfoot River, is the main sponsor and funder of the initiative campaign.

The measure will be on the November 2 general election ballot. If passed, I-147 will continue the legacy of open-pit cyanide-leach mining -- a legacy of failure that has polluted streams and drinking water, harmed private property and cost taxpayers millions in cleanup.

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Q: What is wrong with reconsidering the ban on open-pit cyanide-leach mining?

A: This technology is unchanged. It has failed to protect adjoining private property rights. The technology has also exposed taxpayers to huge clean-up costs, and caused both ground and surface waters to be poisoned, threatening public health and harming trout and other aquatic life. I-147 would institutionalize a failed technology.

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Q: Who is behind I-147?

A: According to Montana's Commissioner of Political Practices, 97 percent ($737,000 of $764,000) of the money raised so far by the campaign to pass I-147 comes from Colorado's Canyon Resource Corp., which wants to build an open-pit cyanide leach mine along the upper Blackfoot River.

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Q: What is Canyon Resource's record?

A: Canyon operated the Kendall Mine, a medium-sized open-pit cyanide-leach operation northwest of Lewistown. Though the mine closed eight years ago, the company has deliberately skirted its obligation to completely reclaim the site. The mine has polluted water used by local ranchers. It also dried up water sources needed for watering livestock on nearby private land. Canyon's behavior at the Kendall Mine forced the State of Montana to sue the company for polluting Montana's waters and local landowners to sue the company for cleanup and damages.

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Q: What does I-147 say?

A: It repeals the ban on new and expanded open-pit cyanide leach mining. It also ostensibly allows this type of mining only for operations that comply with so-called "new" requirements, including:

1.) engineering cyanide leach facilities to withstand 100-year flood events;
2.) ensuring cyanide vat-leach facilities have spill containment;
3.) making sure groundwater and surface water is monitored; and
4.) posting of adequate reclamation bonds

In addition, I-147 requires mines to comply with existing applicable laws and regulations.

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Q: Are these requirements really new?

A: No. Every one of the "requirements" in I-147 has been included in past and existing permits for mines in Montana. The director of Montana's Department of Environmental Quality, which regulates mining in Montana, publicly stated the initiative includes nothing that hasn't already been required. Moreover, complying with existing laws is not "new." Or at least it shouldn't be!

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Q: Do I-147's "new" requirements adequately protect the environment?

A: No. The public record is clear. Each of I-147's so-called "new" requirements has already failed at mines in Montana. Some examples:

  • Engineering to protect against 100-year rainstorms didn't prevent a near-disaster at Pegasus Gold's Zortman-Landusky Mine when its leach facilities breached and emergency efforts were deployed to vacate cyanide-laced water. That effort damaged local forests, and according to on-site agency staff exposed state workers to potentially dangerous levels of hydrogen-cyanide gas.

  • Lining and containment systems haven't prevented a single leach facility from leaking cyanide solution and other pollutants into groundwater. The double-liner at the mine the industry touted as "state of the art," the Beal Mountain Mine near Anaconda, leaked cyanide solution and other toxics into nearby ground and surface water within the first year of operation. Among other problems, the Beal Mountain mine -- which is now in the federal Superfund program -- has also poisoned trout in nearby streams with high levels of toxins.

  • Reclamation bonds at Zortman, Kendall and Beal were supposed to be "adequate," but in fact turned out to fall far short of what was needed. Taxpayers could eventually pay millions -- perhaps $40 million or more by some estimates -- to deal with post-mining measures to protect water quality at all three mines. All these mines employed the very measures that are in I-147 and which cyanide-leach proponents claim are “new.” All these measures failed to protect water, adjacent landowners and taxpayers.

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Q: What else does I-147 say?

A: Section 2 of I-147 has nothing to do with "new" environmental protections. This section instead restores so-called "contractual interests" or "rights in a mineral estate" the 1998 public vote supposedly took away or "diminished." Only one company in Montana claims it lost a contractual or mineral right in 1998: Canyon Resources. Canyon claims a lease it had to explore for gold on state land in the Blackfoot Valley before the 1998 vote guaranteed the company a mine and guaranteed the mine would generate millions of dollars. The lease guaranteed neither. In fact, the documentation and subsequent legal rulings are clear: The lease was terminated not because of I-137, but because the company refused to pay the state for legally required permitting costs. Section 2 of I-147 makes clear that the main goal of the measure is to give a special deal to an out-of-state mining company that doesn’t pay its bills or clean up after itself.

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Q: Proponents of I-147 say the current ban is stopping mining in Montana. Is that true?

A: No. In fact, the University of Montana’s Bureau of Business and Economic Research -- which uses industry-supplied data -- says there are more mining jobs in Montana now than before the 1998 vote took place. In fact, I-147 is actually an anti-mining measure because it reinstates a failed, environmentally damaging technology that gives all mining a bad name.

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Q: But I-147 advocates insist the ban on open-pit cyanide-leach mining is killing mining in Montana.
What’s the real deal?

A: Well, they aren’t telling the truth. The ban does not apply to mining technologies commonly used for extraction of platinum, palladium, copper, silver, lead, zinc, molybdenum, talc, phosphate, gravel, coal, and in some instances, even gold. The ban on open-pit cyanide leach mining only affects proposals to exploit ore-bodies containing microscopic amounts of gold.

Therefore, the 2,000 workers Stillwater Mining Company employs at its two platinum/palladium mines and its smelter in south-central Montana aren't affected by a ban on cyanide-leach mining. Nor does the ban on cyanide mining affect the jobs at MRI’s copper/molybdenum mine in Butte, talc mines near Dillon and Three Forks, an approved copper-silver mine south of Libby, or coal mines in southeast Montana. In fact, an existing large open-pit gold mine near Clancy isn’t covered by the ban on open-pit cyanide use, nor is the Golden Sunlight gold mine near Whitehall. The existing prohibition on new and expanded open-pit cyanide-leach mining in Montana affects only a small part of a much larger industry. And today, it mainly affects Canyon Resource’s proposal for the Blackfoot River.

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Q: How many problems with cyanide mines have officially been reported in Montana?

A: The following table outlines these reports:

CYANIDE RELEASES AND OTHER WATER QUALITY IMPACTS AT MONTANA GOLD MINES - CASE STUDIES

[SOURCE: "Nothing New Here: A Technical Evaluation of Initiative 147" (470K PDF), Jim Kuipers, P.E., September 2004.]

DATE
MINE
OCCURRENCE
1998
Golden Sunlight
Cyanide spill due to leak in the liner system. Cyanide detected in groundwater wells at levels between 30 and 39 ppm (150 times state human health standards). The mining company did not notify the agency of the spill until a month and a half after it occurred. The company did not
have pump-back wells on site to address the spill.
Basin Creek
Nearby stream (West Clear Creek) contaminated by improper "land application". Cyanide measured at levels that exceed state water quality standards.
Zortman/Landusky
Pegasus filed for bankruptcy. The MT DEQ has determined that the reclamation bond is inadequate, and has asked the bankruptcy court to increase the bond from $30 million to $38.5 million.
Kendall
Issued a notice of violation for failure to comply with effluent limits for thallium, cyanide, arsenic and manganese.
Kendall
DEQ issued a $330,000 penalty for extended water quality violations, including 9 exceedances for nitrates, 50 exceedances for thallium, 16 exceedances for selenium, 6 exceedances for antimony, 13 exceedances for manganese, 5 exceedances for arsenic, and 6 exceedances for cyanide.
Kendall
DEQ found that Canyon Resources had implemented much of the capping requirements on the waste rock pile without approval from the agency. As a result, the company used materials containing elevated levels of thallium and arsenic to construct the cap. Subsequent testing of seepage issuing from the cap has indicated the presence of elevated thallium.
1997
Basin Creek
Nearby stream (West Clear Creek) contaminated by improper "land application". Cyanide measured at levels that exceed state water quality standards.
Zortman/Landusky
Water quality violations culminated against the company.
1996
Beal Mountain
1,200 - 2,500 gallons of cyanide solution were spilled at the processing plant.
Zortman/Landusky
The upper reaches of Carter Draw, Alder spur and Ruby Gulch, have elevated concentrations of sulfate, TDS, metals, nitrates and occasional detections of cyanide. This water fails to meet aquatic life standards and human health criteria, and is currently being captured and treated before being discharged to Ruby Gulch. The lower reaches of Alder Gulch and Ruby Gulch show a record of being significantly impacted by acid rock drainage or process chemicals.
1995
Kendall
Cyanide spill occurred due to torn pond liner.
Kendall
DEQ issued a notice of violation for numerous water quality violations. Their report stated that the sources of the discharges were reclaimed and unreclaimed waste rock dumps and heap leaches, open pits and other mine related facilities.
Golden Sunlight
Possible small leak in east reclaim basin. Low level cyanide measured at three groundwater sample sites.
1994
Golden Sunlight
Cyanide solution leaked from spare tailing line. Forty pounds of cyanide were contained in the discharge. A notice of noncompliance was issued against the company for failure to notify the state of the spill and conduct immediate clean-up.
Golden Sunlight
48.3 tons of tailings were spilled due to a leak in the spare tailing line. State agencies were not notified until many months after the event. Anotice of noncompliance was issued against the company for failure to notify the state of the spill and conduct required clean-up procedures.
Kendall
Cyanide leaked from holding pond due to liner tear.
1993
Zortman/Landusky
The State issued notice of noncompliance for cyanide contamination due to improperly installed liner and underliner failure. Inspection reports indicate that between 5,000 and 10,000 gallons of cyanide solution were released and entered the fractured bedrock aquifer. Groundwater monitoring wells revealed cyanide at levels exceeding human health standards.
Zortman/Landusky
A notice of noncompliance was also issued for illegally disposing of sulfide waste.
Basin Creek
Leak was discovered at the toe of the process pond dike. An estimated 130,000 gallons of solution may have been discharged. The company was forced to install a lined sump and pumpback system to collect the released fluid.
Zortman/Landusky
A U.S. EPA inspection tour noted the following violations: leach pad underdrains discharging to Montana Gulch; Gold Bug adit discharging to Montana Gulch; Mill Gulch Waste Dump discharging to Rock Creek; and seepage from the Alder Gulch waste dump discharging to Carter Gulch. Analysis of Gold Bug adit water contained concentrations of arsenic, cadmium, chromium, copper, iron, nickel and zinc exceeding surface water quality standards.
Zortman/Landusky
A DSL report concluded that there was acid mine drainage in Ruby Gulch and Alder Gulch, two drainages flowing out of the mine site.
Zortman/Landusky
Despite a pump-back system, seepage from Alder Gulch Waste Dump flows into surface water in Carter Gulch and Alder Gulch. The State said the wastewater contained 840 times the amount of manganese permitted by state regulation and nearly 25 times the standard for TDS.
Zortman/Landusky
The BLM issued a notice of noncompliance against Zortman/Landusky for improperly constructing 1,000 feet of road in the Alder Gulch drainage. Zortman placed fill in a stream channel, on side slopes and in and above the stream.
Zortman/Landusky
An EIS 1996 concluded that the upper reaches of Carter Draw, Alder spur and Ruby Gulch have elevated concentrations of sulfate, TDS, metal nitrates and occasional detections of cyanide. The water failed to meet aquatic life standards and human health criteria, and is currently being captured and treated before discharge to Ruby Gulch. The lower reaches of Alder Gulch and Ruby Gulch show a record of being significantly impacted by acid mine drainage or process chemicals.
Golden Sunlight
Cyanide solution from tailings impoundment leached into groundwater and surfaced as seeps which flowed into an intermittent drainage below. Cyanide concentrations ranging up to 45 ppm total cyanide (204 times human health standards).
Golden Sunlight
In August, a 7 gpm seep was discovered in a drainage area below the tailings impoundment. Cyanide levels in the seep were measured at 0.6 ppm (3 times human health standards). Another seep was found further down the drainage.
Basin Creek
Leak in the liner at the toe of the process pond caused up to 130,000 gallons of solution to be released over 3 days. Monitoring well revealed 52.3 ppm cyanide.
Beal Mountain
Water quality standards may have been exceeded for nitrate, sulfate, TDS, manganese, selenium and zinc in the German Gulch drainage and groundwater in the vicinity of the mining operation. The U.S. EPA issued a notice of violation for unlawful discharge at the mine.
1992
Beal Mountain
Cyanide seeped through holes in the pond liner system and contaminated natural springs. Springs were also contaminated with sulfate and nitrate levels exceeding state water quality standards. Cyanide continued to be detected in the spring for 6 months. Beal Mountain's 1988, 1989 and 1991 monitoring reports were not submitted until 1992. A notice of noncompliance was issued against the company for failing to report the cyanide leak. The DSL also notified Beal Mountain that sulfate levels at a spring monitoring site had increased by a factor of four.
Kendall
2,400 - 3,000 gallons of solution spilled due to a ruptured pipe. Cyanide solution left the mine permit boundary.
Golden Sunlight
Groundwater monitoring wells revealed cyanide levels far exceeding human health standards of 0.2 ppm. The east side pumpback wells contained 250 - 300 ppm cyanide. The south pumpback wells contained 100 ppm cyanide.
Zortman/Landusky
A cyanide leak occurred due to a pipeline failure, causing groundwater contamination. Maximum contaminant levels for arsenic, cadmium, chromium and copper were exceeded in Ruby Gulch. Significant deterioration of water quality also occurred in Mill Gulch.
Zortman/Landusky
At the Ruby Gulch cyanide heap leach pad, "a weeping wall of heavily contaminated seeps appeared and continues to present." Despite a seepage collection system, the surface water flowing through Ruby Gulch in 1992 showed levels of arsenic at 0.126 mg/L, two and one-half times the state standard for arsenic (0.05 mg/L).
Zortman/Landusky
The Sullivan Pad complex has massive seeps from its base to surface and groundwater and have been unable to recover all of this seepage with its seepage collection system and pump-back well. Water in Sullivan Creek contained 14,700 mg/L of dissolved solids (State standard is 250 mg/L), 110 mg/L of manganese (State allows only 0.05 mg/L), 536 mg/L of iron (State permits 0.3 mg/L).
1991
Kendall
Emergency land application of process water killed surrounding trees.
Kendall
Cyanide leaked through tear in the liner system caused by improper bulldozer operation.
Zortman/Landusky
An agency memo states that "cyanide is widely distributed in groundwater below the leach pad." Nine wells showed cyanide in 1991.
Zortman/Landusky
Surface water monitoring below the heap leach pad revealed water pH levels of 4 (acidic) and sulfate levels of 1,400 mg/l (revealing acid mine drainage). pH levels of 2.6 and sulfate levels of up to 3,500 mg/l were measured in Ruby Gulch. pH levels of 3.5 were measured in Rock Creek.
Basin Creek
A monitoring and pumpback well below Leach Pad 1 indicated cyanide contamination at levels that exceed state water quality standards. Cyanide levels continued to exceed standards for three month. 25,820 gallons of cyanide solution were pumped back.
Golden Sunlight
60 pounds of cyanide spilled due to tailings line leak causing soil contamination.
1989
Basin Creek
Cyanide solution ran from process station down road and off into woods.
Basin Creek
DSL issued a notice of noncompliance against Basin Creek for violating its operating permit by allowing cyanide laden material to be distributed off a lined and bermed area. The company was fined $2,860 for 11 days of violation.
Beal Mountain
In May, Cyanide was detected in three ground water monitoring wells.
Beal Mountain
In June and July, total cyanide concentrations of 0.02 ppm and 0.012 ppm were reported in spring 5.
Beal Mountain
In July, spring 3 contained 0.045 ppm total cyanide; spring 9 contained 0.039 ppm total cyanide; German Gulch had 0.028 ppm total cyanide.
Golden Sunlight
Pipeline blockage caused acid mine drainage to discharge onto the ground.
Zortman/Landusky
60,000 cubic feet of leach pad slipped.
1988
Golden Sunlight
A pipeline leak occurred sometime between March 31 and April 5 before it was discovered by the company. Approximately 15,000 gallons of mine waste flowed from the emergency spillway of the secondary dam down the drainage about 100 yards.
Zortman/Landusky
High rains were followed by cyanide concentrations exceeding human health standards at a surface water station in Ruby Gulch. BLM reports in 1990 show that cyanide contamination in Ruby Gulch continued for a two year period.
Zortman/Landusky
Cyanide was detected in groundwater monitoring wells. The cyanide spill occurred due to a tear in the liner system.
1987
Zortman/Landusky
Cyanide spill caused by hole in liner system: groundwater contaminated.
Zortman/Landusky
A Ruby Gulch surface monitoring site yielded trace cyanide caused by two dripping process lines. In 1988 cyanide levels increased to 0.2 ppm (ten times state surface water quality standards).
Zortman/Landusky
Cyanide spill occurred due to dripping process lines: surface water contaminated.
Basin Creek
Cyanide spill occurred because a solution valve was left open. Groundwater contamination resulted.
Golden Sunlight
A cyanide slurry spill occurred. Estimated that the spill included 60 pounds of cyanide contained in a combination of 40 tons of solids and 40 tons of solution.
1986
Zortman/Landusky
A storm caused Pegasus to spray 20 million gallons of process water on a hillside, resulting in tree kills. This event involved a nearly catastrophic failure of the pond system.
Golden Sunlight
A pipe fitting split and discharged approximately 2,000 gallons of cyanide solution.
1985
Zortman/Landusky
Storm event caused mining company to land apply process water on 17 acres of land. Tree kills resulted.
Golden Sunlight
19 million gallons of cyanide solution leaked when a tailings impoundment failed. Resulting groundwater contamination affected the Jefferson River alluvium. Four domestic wells and a well at the veterinary clinic were contaminated. Placer Dome was sued by neighboring landowners. The company eventually bought out the landowners.
1983
Zortman/Landusky
1,000 - 1,200 gallons of cyanide solution spilled due to a ruptured pipe.
Zortman/Landusky
Leach pad suffered mass movement causing the liner system to be ripped. Cyanide was detected below the dike in Ruby Gulch. One month later a 50 x 100 foot containment pond was built to capture further leakage.
Zortman/Landusky
Approximately 1,000 gallons of cyanide solution spilled into Alder Gulch due to pipeline failure.
Zortman/Landusky
200 gallons of cyanide solution spilled from the leach pad. 50 gallons puddled on the ground.
Zortman/Landusky
A leak in the pond liner was discovered after cyanide contamination was identified in the nearest monitoring well.
1982
Zortman/Landusky
Ruptured pipe caused 1,200 gallons of cyanide to be spilled.
Zortman/Landusky
50,000 gallons spilled into Alder Gulch contaminating Zortman's community water supply. Pegasus was required to replace the drinking water source. The State issued a $15,000 fine against the company.
Zortman/Landusky
75 gallons of cyanide solution spilled.
Zortman/Landusky
300 gallons of cyanide solution was spilled when the top of a leach pad froze and cyanide flowed over the top onto the ground.
Zortman/Landusky
4 pounds of cyanide spilled, contaminating groundwater.
Zortman/Landusky
780 gallon leak in the gold recovery system. Soil contamination resulted.
Zortman/Landusky
Bighorn sheep found dead at cyanide ponds.
IMAGE CREDITS: The Gold Quarry cyanide leach mine in Nevada, by Earthworks/Lighthawk.
Save the Blackfoot. Vote NO on I-147. - Paul Roos, treasurer - P.O. Box 68, Ovando, MT 59854 - info@nocyanide.org