Montana Department of Environmental Quality halts public review of Montanore permits

The Montana Department of Environmental Quality has stopped a public review of two permits for the Montanore Mine.

Earlier this month, the department posted two public notices seeking comments on separate but related actions associated with wastewater discharge permits for the Montanore Minerals Corporation Libby Creek Adit.

But a mistake in wording for one permit and learning Montanore wants to submit more information about both permits led DEQ to withdraw both notices and pause the public review on Nov. 15.

According to a news release from the agency, 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, the Department of Environmental Quality's purpose in issuing that notice was to seek comments on the termination of the permit. 

Because the two notices were intended to be issued at the same time with coordinated effective dates, the state agency determined it was necessary to withdraw both public notices.

In addition, when the agency notified Montanore Minerals of the decision, officials learned that the mining company intends to submit additional information that may change the state's permitting analysis.

The agency said any future notices related to these issues will provide further opportunity for public review and comment, and all comments received will be maintained as part of the record.

The Montanore Mine is located south of Libby in the Cabinet Mountains.

Montanore Minerals is a subsidiary of Hecla, the largest silver producer in the U.S. According to previous reporting, it acquired the Montanore project near Libby in 2016.

The Libby Exploration Project is an underground silver ore and copper ore mineral exploration operation. Montanore Minerals is authorized to conduct limited development of the Libby Creek adit, or mine entrance. 

Further development of the entrance would require additional authorization. 

Kootenai National Forest officials said the publication of its draft environmental assessment is planned to be released in early December.

Earlier this year, Hecla said it planned to increase exploration in the Cabinet Mountains after a lawsuit against it was dismissed when CEO Phillips Baker Jr. retired. According to reporting by the Daily Montanan, the Department of Environmental Quality filed a “bad actor” enforcement action against Hecla and Baker in 2018.

A coalition of Indian tribes and environmental groups, led by Earthjustice, sued the state agency in 2021 alleging it wasn’t enforcing the state’s “bad actor” provision in relation to Baker. 

The law prevented corporations with outstanding obligations to pay for cleanup work from beginning new projects. 

Baker was one of the former leaders of Pegasus Gold Incorporated, which filed for bankruptcy in 1998, leaving behind more than $80 million in reclamation and water treatment obligations, the groups alleged.