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The Bureau of Land Management Streamlines Mining Permitting Process
Mining Director • Denver
Andrew Harley
Andrew has more than 35 years of experience delivering environmental solutions to resource and industrial clientele. With a background in geochemistry, soil science, plant nutrition, and agronomy, Andrew integrates innovative solutions to reduce costs and improve efficiencies throughout the mine life cycle. Recent mining work includes geochemical evaluation and waste rock characterizations; supporting permit and license applications for proposed mining, ore processing and smelting operations; and supporting mining companies with water quality issues, including overburden characterization and land application of treated water. Andrew combines extensive field experience and academic research to evaluate new soil amendments and fertilizers aimed at improving reclamation of severely disturbed soils resulting from resource extraction.
Senior Planning Technical Director
Matt Petersen
Matt Petersen is the National Environmental Policy Act (NEPA) Technical Director for SWCA. Matt has 31 years of experience as a resource specialist and has managed or provided NEPA oversight for over 30 large-scale environmental impact statements (EISs), including projects in Arizona, Alaska, Colorado, Idaho, New Hampshire, Utah, Vermont, Texas, New Mexico, California, and Wyoming. This NEPA experience includes work with most major federal agencies and encompasses resource management plans (RMPs), ski areas expansions, fire management plans, stream restoration, mining, oil and gas, pipelines, transmission lines, wind farms, airports, and power plants. Matt has taught custom NEPA seminars for the Bureau of Land Management (BLM), U.S. Forest Service (USFS), U.S. Department of Transportation Maritime Administration, and the Federal Aviation Administration (FAA). Matt has developed and routinely teaches several open-enrollment NEPA courses to industry professionals, lawyers, and agency staffs. In addition, Matt is a regular instructor on NEPA impact analysis and third-party consulting for the BLM National Training Center (NTC). Matt recently developed the BLM National Training Center courses “NEPA Analysis for EAs” and “Kick-Start Your RMP,” both of which Matt has taken on the road to BLM field offices throughout the continental Unites States and Alaska. Technical expertise includes aquatic habitat impact assessment, mitigation, and restoration; hydrological modeling and analysis; and wetland delineation, mapping, and impact analysis. Matt is also experienced in the use and application of analytical models for quantitatively assessing natural resources impacts through the NEPA process.
Planning Director
Donna Morey
Donna has worked for more than a decade on large mining environmental impact statements involving multiple federal agencies and addressing NEPA, Clean Water Act, Endangered Species Act, realty actions, and state environmental regulations.
Written By
Andrew Harley
Mining Director
Matt Petersen
Senior Planning Technical Director
Donna Morey
Planning Director
Posted
January 8, 2025
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With the recent issuance of IM-2025-009 and its attachments, the Bureau of Land Management (BLM) provided updated guidance to improve the efficiency of processing mining plans of operations under surface management regulations (43 CFR subparts 3802 and 3809). This guidance outlines a process for early coordination with the BLM and other agencies prior to submitting a mine plan of operations. This pre-plan coordination allows potential conflicts to be addressed early in the process, thereby shortening review times. Under this guidance, BLM will direct field offices to encourage operators to engage in pre-plan coordination with the BLM, other Federal agencies, state and local governments, and Tribes prior to submitting their mine plan and application to BLM. Early coordination allows the plan to be modified as necessary to address concerns and helps the operator plan for baseline data acquisition to support the pending National Environmental Policy Act (NEPA) analysis. It includes the following steps:
- Initial Meeting: The operator meets with the BLM Field Office (FO) Manager and/or Planner to determine what information the BLM would like to see for a pre-meeting with the BLM Interdisciplinary Team (ID Team).
- Project Presentation: The operator presents their proposed project to the BLM FO Manager and ID Team. This presentation includes preliminary information regarding the location of proposed mining facilities, structures, water supply, power or utility supply and infrastructure, exploratory drills sites, and relevant data on equipment and practices.
- BLM Feedback: Based on the project presentation, the BLM provides the operator with guidance on what additional information is required for plan submittal. For example, additional data related to mining facilities and baseline studies/reports on natural and cultural resources may be needed. The BLM also provides the operators with input on land status conflicts and constraints, the FO’s expected processing time for the proposed plan of operations, and any required financial obligations/guarantees.
- Ongoing Coordination: The BLM FO Manager continues to meet with the operator as requested to address questions about the mining plan or resource study plans required to support the NEPA analysis.
- Pre-Plan of Operations Submittal Project Schedule: The BLM works with the operator and cooperating agencies to develop a project schedule. The BLM coordinates with cooperating agencies and the operator to proactively manage the schedule.
- Submittal of the Plan of Operations or Plan Modification: The operator submits a draft mine plan of operations for the BLM to review for completeness. Once the BLM determines it is complete, they will begin the NEPA process.
SWCA Can Help
This new pre-plan coordination is in response to recommendations from the Biden-Harris Administration’s Interagency Working Group on Mining Laws, Regulations, and Permitting (IWG) in its September 2023 report. It also reflects best practices described in the Federal Permitting Improvement Steering Council. The overall goal is to improve the efficiency and transparency of permitting mining projects on public lands while ensuring compliance with current NEPA timeline requirements.
If you have any questions regarding this policy and/or how to effectively implement for your project, please contact one of our experts.