Alburnus Maior Str. Berk Rosia Montana Alba County Romania Tel/ Fax

Transcription

1 Alburnus Maior Str. Berk Rosia Montana Alba County Romania Tel/ Fax Dolores Borissova Arssenova Minister of Environment and Water c/o Ministry of Environment and Water William Gladstone Str Sofia Bulgaria Fax: feedback@moew.government.bg Contestation Rosia Montana; 16 August 2005 The Environmental Impact Assessment of the Krumovgrad Gold Project ( the EIA ) is incomplete and unclear. On the one hand, it contains futile repetition and information whilst there are grave omissions on the other. The document also contains important contradictions. It lacks reflection, maturity and honesty about the challenges ahead. For example, it should include a listing of the deficiencies and uncertainties in knowledge. The EIA gives way to significant risks, amongst others regarding the technical stability of the project and its effects respectively. For example, it seems amazing that the risks associated with the location of the TMF vis a vis the development of Han Krum Phase 2 remain completely unaddressed. Whilst only Phase 1 of Han Krum is discussed, the TMF now under submission will also need to meet the requirements and specifics of Phase 2 of Han Krum. Given the current state of development of Phase 2, this is likely to pose significant and unforeseen risks; this more than just in terms of project and/or TMF design. According to UNEP the most common cause for dam failure are mine extensions. In support of the above Alburnus Maior 1 would like to submit the following motivated observations and detailed comments: 1. Mapping and data The EIA fails to provide: Basic project reference data (license title holder, project design, value of works, capital costs, expenditure to date, profit sharing, project completion schedule etc.) at the onset of the document Good quality maps. It contains poor quality maps that do not contribute to the understanding of the project submitted. The project map is if of great importance. The project map included in the EIA is of very low resolution. It is thus impossible to zoom in and visualize the project described. A detailed, technical drawing of the tailings dam (from above) Design Plan of main embankment construction (cut through) Design Plan of the pit from above, cut through, with all relevant data such as elevations, angles etc. A map of phase 1 and phase 2 of the Krumovgrad Gold Project A map detailing all existing and affected water flows A map superposing the mining project on alluvial aquifers. 1 Alburnus Maior is an NGO based in Rosia Montana/ Romania. Local property owners opposed to the involuntary resettlement that Rosia Montana Gold Corporation s ( RMGC at open cast gold mining project entails founded this association in September Alburnus Maior objects to RMGC s 13Mt/a open cast gold mining project on social, environmental, economic and partimonial grounds. Alburnus Maior Page 1

2 A map of the total concession area granted to the project sponsor A map summarizing project completion schedule for the Krumovgrad Gold Project (phase 1 & phase 2) Summary of Project Public Benefits Basic listing of Bulgarian, EU and other legislation including international conventions applicable and whose provisions should be met. 2. Legal Framework: Phase 1 and Phase 2 are both 850,000 t/a project s each. The EIA does not specify when (in terms of time) Phase 2 will commence. It is possible that Phase 1 and Phase 2 will at a particular point in time operate on a parallel scale. Both will use the same TMF. Given this and given the impact of Phase 1, Phase 2, the TMF and waste, the Krumovgrad gold mine project is effectively a project of 1.7mt/a. According to international and European legislation applicable in Bulgaria; this means however that the project needs to undergo a far more complex EIA procedure and meet additional provisions such as: UNECE Convention on Environmental Impact Assessment in a Transboundary Context, (Espoo Convention) Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances UNECE Convention on the Transboundary Effects of Industrial Accidents, Helsinki (Industrial Accidents Convention) The EIA fails to provide: A satisfactory EIA for the government of Bulgaria to guarantee that the EIA meets article 15 of the country s constitution. A satisfactory discussion as to how the project meets article 17 (3) of the country s constitution. According to Art 17 (3) private property is inviolable under the constitution. The commercial mining project foresees significant property acquisition as well as involuntary resettlement; this whilst being met by opposition from the affected population and property owners. An analysis has to how the mining project meets all relevant environmental legislation part of the aquis communitaire - both transposed and not transposed into Bulgarian legislation. This is due to the fact that the project will operate at a time during which Bulgaria will be a member of the EU. Considerations and diskussion on the reponsibilities arising from the implemenation of Directive 2004/35/EC on environmental accountability An analysis of the risks to surface and subsurface water bodies taking into account the objectives of the EU Water Framework Directive ( good chemical and ecological status, and potential) in particular. An analysis of how the project meets the provisions of the EU Goundwater Directive. EU Council Directive 80/68/CEE of December 17, 1979 on ground water demands a zero percent of toxic waste (cyanide included but also: sulfur, arsenic, lead, mercury, copper, zinc, heavy metals, etc. and their byproducts) in ground water. Analysis as to how the project meets the European Landscape Convention; this given that open cast mining and the construction of a tailings pond and dam will mutilate the region's landscape. This including: (1).participation of the general public in the legal recognition of landscape and in the establishment and implementation of landscape policies; (2) integration of landscape into spatial and urban planning; (3) incorporation in spatial and urban planning policies of historical, geological and geomorphologic data and the cultural and natural heritage. Analysis as to how the project meets EU Directives No. 85/337/CC, 2001/42/CEE, 80/68/CEE, 94/43/EEC Analysis as to how the project does not violate but guarantees the conservation of wildlife and natural habitats as listed in Annexes 1 & 2 of the Bern Convention on the Conservation of European wildlife and Natural Habitats (including those listed in resolution 4 and 6) Alburnus Maior Page 2

3 Analysis as to how the project will not negatively affect but guarantees the conservation of wildlife and natural habitats as listed in the so-called Red book of Bulgaria and IUCN s Red List Analysis of how the mining development meets all provisions of the Convention on the Protection of World Cultural and Natural Heritage adopted at UNESCO's General Assembly on 16. November Financial Assurance The EIA fails to provide: Specific details regarding any measures agreed to between the Company and the Bulgarian government regarding financial assurance measures necessary to guarantee that all promised long-term environmental and socioeconomic activities are, in fact, completed following mine closure. Scenario guaranteeing the availability of financial resources necessary to pay the expenses of mine closure in the event that the mine closes unexpectedly. Reasons for such closure might include unforeseen production problems, unexpected increases in production costs, bankruptcy, etc. Description of the specific methods employed to calculate estimates of funds necessary to fulfill the promised post-closure activities. This discussion should also specify what specific parties will make the estimate calculations, what assumptions were employed, what parties will hold the funds, and what will be the terms for returning the financial assurance funds. Assurance of funding for long-term environmental monitoring, post-closure funding necessary to operate and maintain the various infrastructure and facilities being built by the Company, such as roads, etc. or their expected fates following mine closure. 3. Technological concerns: The EIA fails to: Include figures showing the open pit in both plan (map) view and cross section, with scales of actual elevations and pit depths. Such figures should also show the approximate positions of oxide and mixed ores-especially in cross section, and the positions and of boreholes used for evaluation Provide summary tables of all geochemical sampling / testing data for ore, waste rock, and tailings, with each material summarized separately. Such tables should represent statistical summaries, so that one can readily determine the number of samples utilized, minimum and maximum concentrations, mean and median concentrations. This should be done for: whole rock analyses, acid-base accounting samples (ABA), kinetic test data, and any other form of leach testing data provided. The EIA should specifically demonstrate that the ore and tailings do not contain elemental uranium or other sources of natural radioactivity. Describe the details of all geochemical sampling / testing approaches employed, including mention of whether individual or composite samples were employed, preanalysis sample preparation, lixiviants used, duration of tests, sub-sample handling and preservation, where appropriate. It should state the names and locations of the labs utilized. Individual sampling / testing data sheets should be provided in the appendices. Document and summarize examples of open-pit gold / metal mines that have had their pits turned into lakes and the resulting long-term pit lake and ground water quality associated with such efforts. Provide a detailed Management Plan for the storage of soil for reuse during closure. It should include calculations on the need to rehabilitate larger surfaces than just what has been taken off for the initial project implementation. Analyze the area s seismic activity potential and how this might influence project design during construction, operation, closure and post-closure. Discuss as to why the chosen HDPE liner is the best solution for the tailings pond (Thickness, material etc.) Alburnus Maior Page 3

4 Discuss why the sulphides added to the ore in the processing plant (during INCO) and later disposed in the tailings pond are not AMD generating List emissions from electro winding and smeltering furnace. Of particular importance are mercury emission levels. The EIA fails to provide: Ref. Accidents: Any risk scenarios Detailed technical and organizational (management) measures for the prevention of major industrial accidents Statement on who will be responsible in the event of major industrial accidents Detailed technical and organizational (management) measures for the transportation and handling of cyanide to the site and further uses Statement on who will be responsible in the event of an accident caused during transportation and handling of the cyanide to the site and on-site. A description of the specific procedures that will be employed by the Company in the event of an accidental cyanide spill into surface waters / ground waters, and or onto other surface environments (so-called Cyanide Management Strategy). In addition, describe which party will be financially responsible for damages resulting from such spills. Detailed analysis of the safety requirements related to the dam of the tailings pond and a design of the proposed structure of the dam Statement on who will be responsible in the event of a dam failure caused by: technical problems, climatic problems etc. Detailed analysis of the proposed measures to control the adverse effects of extreme weather conditions; Analysis of the proposed measures to control the effects of natural disasters (i.e. earthquakes, floods, landslides); Risk assessment with respect to emergency situations for each possible process option A multi-step protection and remediation system for controlling emergency situations Statement on whether liability insurance would be effected in order to provide compensation for pollution events caused by potential breakdowns; A set of measures related to the remediation and compensation in case of environmental damage; A detailed description of the objectives of the measures related to the prevention of a major industrial accident, and of the safety management systems related to establishment, operation and after closure; An identification of the major industrial accident hazards of the facility and the characteristic accident scenarios for the facility, and an analysis of the potential consequences; A detailed description of the alarm, control and remediation systems to be used for emergency tasks, as well as of the related infrastructure. Ref. Monitoring: Detailed description of the proposed environmental monitoring systems (for each environmental media) for the pre-project status, for the period of status and for the status following closure, with special regard to the conditions of surface and subsurface water bodies; Description of the proposed method for ensuring access to the data; Information on the establishment of a system that would monitor the stability of the dam, including its exact description and site of installation Ref. Closure: Alburnus Maior Page 4

5 For the after closure period of the mine, a detailed description of the method of recultivation (for each facility), exact costs (for each facility), names of the individuals responsible Information on the method of ensuring the appropriate funds required for the measures following the closure of the mine; Detailed description of the proposed technical monitoring measures during the implementation; internationally accepted technical monitoring systems should be established; Ref. True Cost Accounting: Detailed diagnosis/ inventory of archeological excavations, findings and research covering the whole concession area of the Krumovgrad Gold Project (Phase 1 and Phase 2) Monetary value so for invested in archaeological research and estimate of total investment in archaeological research and Cultural Heritage Management Plan A Cultural Heritage Management Plan Effects of the mine development and related activities on historical, cultural and architectural values including buildings classified as ancient monuments (churches, cemeteries, sanctuaries, burial mounts etc.) Description of theoretical value of the archeological values located in the project area Assessment of the natural values and biodiversity of the region including the protected areas in the Krumovgrad region Assessment of the social and economic effects of the investment, including assessment of the effect of the investment on the subsistence of the local population also regarding the period following the lifetime of the mine; Assessment of the potential income from tourism and agriculture and its environs in case of non-implementation Effects of implementing the gold mine on the chances of alternative economic development and activities (e.g., ecotourism, agriculture); Analysis of the financial calculations related to the operation and recultivation of the mine. Ref. Baseline Monitoring: Detailed tables summarizing the specific chemical constituents, frequency, sampling dates, and laboratories employed for all baseline environmental data that have been and will be conducted. Such data should have been collected for at least one year prior to commencing any significant site activities. Tables summarizing all of the baseline data on water quality (surface and ground water), soils chemistry, aquatic biology, stream sediments, air quality data that have already been collected, by sampling location, together with appropriate maps. Baseline and operational air monitoring data that includes mercury, baseline water flow measurements made at all significant project sites and regional surface water sampling locations, monthly, for at least the first year prior to commencement of any project construction activity. Flow measurements and associated water quality sampling conducted at the most environmentally-significant sites during storm events. 4. Related Process Issues: The EIA fails to: Describe the specific processes employed to verify that the Company has obtained the social license or permission to operate this proposed facility from the directly and indirectly impacted population. The methods employed should be described, both qualitatively and quantitatively. State the extent to which citizens have had or will have the option to decline to sell or transfer their property. Alburnus Maior Page 5

6 Present specific details describing the methods by which environmental and socioeconomic regulations and agreements at the site will be enforced and describe which agencies will be responsible for such enforcement. Discuss the means by which civil society can enlist the assistance of these regulatory agencies in the event that problems are noted. Discuss the specific activities the company will undertake to allow civil society to timely access to reports and data, and to participate in environmental and socioeconomic monitoring Describe the general contents of the Pre-Feasibility and Feasibility Studies (including resource estimates) as well as how and where civil society can review copies of these important documents. Describe the methods by which the Romanian government will audit the gold production, so that accurate payment of taxes and royalties can be assured. Such descriptions should detail which agencies will be responsible, and what methods will be used to ensure that funds collected from the Company will actually return to the local, impacted areas. Describe the methods used to assure independent environmental, socioeconomic, and engineering studies. This should have included the methods and criteria for selecting, compensating and overseeing the independent experts, and should have discussed the provisions employed to assure access to all significant data and reports, together with freedom in report preparation. Include an independent audit of the mineral resource estimates, conducted by a certified company that is technically and financially independent from the Company. 5. Further comments: 1. Leachability Tests (p.38) carried out on the tailings are below US EPA. This project is situated in Bulgaria, a forthcoming member of the EU. Please indicate whether there exits applicable EU or Bulgarian norms and how the leachability tests thus perform. 2. A well protected building will be used for the storage of solid NaCN in line with our national legislation. (p.6) Make reference to this legislation and explain in detail. 3. Page 8: Fresh water will be added to produce. Please detail how much fresh water per hour/day/month/year. 4. Page 8: for the containment of an appreciable volume of spillage. Please define appreciable, preferably in measurement. 5. What kind of risk scenarios were considered for the EIA to claim that they will be contained (p. 8)? 6. Indicate metric air distance between all components of the mining project (distance of pit to TMF, TMF to processing plant etc.). TMF Management: 1. Describe how the water from the tailings pond will be pumped back to the processing plant. There exist several possibilities for bad practice (i.e. if the pump is situated on a small barge or boat on the tailings pond) 2. Detail a monitoring plan for the staged construction of the TMF 3. Explain in greater detail why the TMF s downstream construction is the best solution 4. Which national, European or international safety standards does the tailings dam meet? 5. The EIA states that at all times sufficient freeboard to accumulate flood events will be retained. Please define sufficient, preferably in measurement. 6. Detail the decommissioning of the under drainage system - and alternatives. Transport of Hazardous Materials: 1. The EIA describes i.e. how hazardous materials are packed but it doesn t describe how they are transported i.e. if by road, what are the road conditions and risks etc. 2. The EIA mentions that it will minimize stocking of sodium cyanide at the site but it fails to indicate how much material will be effectively stocked. Alburnus Maior Page 6

7 3. What about on site storage of other hazardous materials how much will be stored of each, where and how etc.? 4. The quantity of hazardous materials should not exceed legally permitted quantities. Indicate how much (in terms of quantity) of each hazardous materials will be stored on site and also compare with the legal permitted quantities for each of these materials. 5. In terms of operating costs please indicate costs for electricity, water, diesel, petrol per appropriate unit to run the mine during its mine life. Please include realistic estimates of price increases due to privatization etc. Please highlight water price paid to top up the two reservoir as well as any other waters used from rivers of the Krumovgrad area. 6. Power required for processing 1 ton is roughly 37KWh how much of this is taken up by the INCO process? 7. Page 28: The emitted gas will be mostly NOX, which is unavoidable in such activities. What are the set limits for NOX emissions and how does the project meet these? Trace Analysis of Tailings Samples: 1. The tailings contains above set limits of cupper, uranium, lead, nickel, arsen etc. This poses risks and is in contraction with that claim that the tailings solids are environmentally benign. (p. 60) The EIA should address whether this poses risks and how these will be resolved i.e. further treatment before their release into the open environment (i.e. tailings pond). 2. Regarding 1. the EIA should also address whether the chemical composition of the tailings may cause chemical reactions (short term and long term) once released into the open environment, UV, H2O etc. 3. Ref. Table 1.21: The EIA should describe how practically will any seepage through the liner be collected and disposed. 4. The EIA should clearly state the name of the licensed company responsible for all treatment and disposal. 5. The cyanides, cyanates, isocyanates contained in the TMF will decompose under sunlight. The reference later quoted on p.38 only refers to the decomposition of isocyanates under sunlight. Please detail the chemical decomposition process for cyanides, cyanates, isocyanates under sunlight. 6. A quantity of 171t/h of tailings slurry will enter the tailings pond. Please indicate how under this speed the cyanides, cyanates, isocyanates will be able to decompose under sunlight. 7. The cyanide solution should be colored. Please indicate whether it will be colored or not. 8. Page 60: Ref. annual balance of cyanide between uptake storage should be executed every month during the first year of operation and at least every 3 months in the subsequent years Monitoring during closure and rehabilitation: 1. Monitoring will be carried out during operation and after closure. The EIA does not contain a detailed monitoring plan for the period of closure and post closure (5 years). 2. Page 48: Regarding the tailings dam, monitoring will be carried out during operation and after closure. The EIA does not describe how and for how many years. Page 52 suggests that the project area has high soil erosion. The EIA does not describe how soil erosion and the creation of further soil erosion due to forest removal etc. may pose additional risks and will be mitigated. Alternatives considered for the project 1. Women are disproportionately represented during among the unemployed. Is this useful in this discussion and realistic? Women tend to be house wives (unpaid and unemployed). Describe how the realization of the mining project will improve the disproportional unemployment of women. 2. According to p 53, 300 jobs will be created at the peak of construction, during operation and 50 during closure. The project will provide employment for at least 150 Alburnus Maior Page 7

8 locals during operation. How many jobs for locals will be created during construction and during closure. 3. The EIA fails to make a comparative analysis of how many long term livelihoods will be destroyed by the creation of the mining project (i.e. through involuntary resettlement) with how many short term jobs will be created by the mining project. 4. The EIA fails to assess how the mining project will impact Krumovgrad s existing economic activities (i.e. tourism (hotel), tobacco farming, animal husbandry, alternative agriculture, etc.), this also in monetary terms. 5. Regarding supplies of goods and services, preference will be given to local companies and regional labor. Describe how this will be practically enforced. 6. Page 53: The preference of local companies for deliveries and services will guarantee the municipality the highest benefits from indirect employment. Submit a realistic estimate to support this claim. 7. Substantiate all claims made on p.53 in section d.) Loss of investment in support of municipal infrastructure and development of additional services. 8. The promise of enhanced job opportunities. Explain how a promise of enhanced job opportunities encourages groups to remain in the area and how this will contribute to the sustainable development of these groups. Gold extraction (p. 54 etc.) 1. The EIA does not list all alternatives available to cyanide leaching. 2. Please explain by using comparisons how the usage of 0.35 kg/t of sodium cyanide is minimal. Generation and disposal of waste rock (p.58): 1. The reasons for not back filling Ada Tepe are unconvincing. Page 60: The TMF location is approx. 3 km south of Krumovgrad. Is this the distance by air, by road? Please indicate air distance. The EIA should indicate on p.63 how excess waste rock will be stored. How much there will be; how its short term and long tem stability will be ensured and what will be done with it during and after closure. The EIA should include models on climatic risks etc. that meet international and updated standards on climatic scenarios (i.e. UNFCCC). The EIA should detail how the location chosen for the TMF will also meet all requirements for the development of phase 2. What are the capital and operating cost estimate for each of the four tailings dam options? Page 69: The EIA should describe the risk of landslides into TMF; what it could provoke (dam failure?) and provide scenarios as to how such accident would be dealt with. Cross check with p.84 on soil erosion and unsteady snow covers. Page 185: cyanide will have no negative impact on the population of Krumovgrad. It can not enter the food chain and it undergoes rapid degradation. Substantiate these claims with factual evidence. The EIA does not describe accident scenarios and health risks (general and provoked by an accident) posed by the project to Krumovgrad s and the region s population; this particularly in light of the close proximity of the TMF and the pits to inhabited areas (p. 182). Page 74: The expected revenue for Bulgaria is 27 million dollars. Please submit comparison with other mine projects in Europe and EU accession countries to highlight that this sum is significant. Alburnus Maior Page 8

9 Page 74: As a rule, each newly opened full-time job position has a multiplying effect by creating additional jobs for 3 to 5 persons else where in the economy. Please substantiate this claim with empirical evidence. Page 177: Statistical data on demographic characteristics of Krumovgrad s municipality (p. 177) seem in contradiction with the claim that there is significant migration into cities. The Cultural Heritage Report p does not address how the mining project meets all relevant provisions of Bulgaria s cultural and patrimonial and mining legislation (which includes international conventions and EU legislation); this particularly in light that the mining project will destroy nine archaeological sites of which some are of national importance. The report contains no reference section at all. The Cultural Heritage Report admits that significantly more archaeological treasures might be affected/ destroyed by mining and mining related activities given that not the whole area has been archaeological researched and excavated. If the mining project proceeds without all areas having been researched and excavated then this would be i.e. in breach of the Convention on the Protection of World Cultural and Natural Heritage adopted at UNESCO's General Assembly on 16. November Page 86: Please substantiate how the construction of the TMF in the riverbed along Kaldjik River is micro-local and does not affect the Krumovitsa River system. The EIA states that if necessary water from the Krumovisa River will be pumped into the water storage dam. The EIA should assess the impact of a realistic figure of fresh water usage from the river for the storage dam. Please give an estimate as to how much this might be per day/ month/ year and when and what prices would be paid for the usage of the water. Page 86: Two water storage dams will be built above the TMF. Is there a chance of storage dams overflowing and tipping into the TMF? Page 168: Conclusions 1& 2 contradict conclusions 3&4. Conclusions 3&4 equally contradict the report itself (i.e. p. 163, all bat species are protected, the yellow bellied toad is protected etc. etc). Conclusions 3&4 contradict elemental findings from the EIA report itself (i.e. conclusion 1. p.88; 2 nd para. on p. 160/; 5 th para. on p. 159, conclusions listed on p. 149, p.147, p.146, etc.); particularly with regards technical project specific details. Page 92: The alluvial deposits from the Krumovitsa River from an aquifer of highest water abundance in the area. The EIA should detail how the project will not affect this aquifer. The EIA does not detail how the project will affect the communities of groundwater hydrobionthic species. This would be important given that they are one of the main groups, which will react quickly, even to insignificant changes of water chemistry. The Fauna Study (p.157-) does not contain include field studies of all relevant areas that make up the mining project i.e. no field studies were conducted on the area where the pit will be placed, the processing plant etc and therefore is at least in complete. The Biodiversity Study (p.153-) claims on p.155 not to have discovered rare, near extinct or protected plant species. This is not realistic given the composition of the soil, its location etc. as well as the conclusions listed on p The study should detail when, where, how and over what period etc. plant species were observed, registered etc. and include maps showing exact area of observation. References on p.157 are only general ones and not topic-area specific. Alburnus Maior Page 9

10 The EIA should discuss in further detail and substantiate how the Krumovgrad gold project will not result in critical conditions for the landscape; how the neighboring areas will sustain indirect changes and how the main impact of the project on the landscape will only be visual and why the visual impact thus becomes irrelevant. On the contrary, the EIA should thus explain how the mining project meets all provisions of the European Landscape Convention. The EIA fails to provide satisfactory replies to the statements and opinions expressed in newspapers, radio, TV, meetings and other public events. The EIA fails to provide a satisfactory reply to MOEW s letter no / The EIA does not list the results of the resource estimates which are vital to understand i.e. the economic feasibility of the proposed project. The EIA fails to provide a satisfactory reply to MOEW s letter no / The EIA fails to address the prospects of Kuklitsa, Surnak, Skalak and Kupel. 6. Information Request under the Aarhus Convention on environmental information and public participation: According to Directive 2003/35/EC the undersigned requests copies (one exemplar of each) of the following documents to be sent to the above mentioned postal address within 30 days of receipt: License No.1 9/5/2000 (Exploration license) Agreement for Prospecting Minerals 12/06/2003 Additional Agreement Certificate for Geological Discovery 0001/ Feasibility Study including Resource Estimates Given the above the Krumovgrad Gold mine project contains important omissions, irregularities and contradictions which in return pose significant risks. Alburnus Maior therefore requests Bulgaria s Ministry of Environment and Water not to grant the environmental license for the Krumovgrad Gold mine project until all issues have been addressed and resolved. Yours truly, Alburnus Maior Page 10