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Excelsior Mining provides update on permitting process

Published: 11:49 07 Aug 2018 EDT

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The Gunnison project is in Cochise County, southeastern Arizona

Excelsior Mining Corp (TSE:MIN) announced Tuesday that the 30-day appeal period for its underground injection control area permit for the Gunnison copper project in Arizona has officially ended. 

The company said two appeals were filed with the environmental appeals board; however, one of these appeals was subsequently withdrawn prior to the termination of the appeal period.

The remaining appeal raises no new objections that were not previously addressed as part of the comprehensive permit review process that was undertaken by the United States Environmental Protection Agency.

READ: Excelsior Mining remains on track to open North America’s next copper mine

The company said in its view, this lone appeal will not be successful, and it intends to use all available legal means to have this appeal dismissed as soon as possible.

Appeals are reviewed by the environmental appeals board. In order to be successful, the petitioner must demonstrate either a finding of fact or conclusion of law that is clearly erroneous, or an exercise of discretion on an important policy consideration that the environmental appeals board should, in its discretion, review.

The petitioner also must identify where in the record the issue was raised, or explain why it was not previously raised, and explain why the EPA's response to the comment was clearly erroneous or otherwise warrants review.

Given the thoroughness of the process over the past 30 months, this is a difficult hurdle to meet and prevail.

Shares of Excelsior were down 1.2% at C$0.84. 

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