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Special Report
Kennecott Eagle Mine Proposal & Related Activities

Note: Special Reports are updated periodically here;
but are updated and reported on daily in our WIMS Email services.

Updated: July 6, 2010

Click Here for details on WIMS Information Service Products

Special Report

Kennecott Eagle Mine Proposal & Related Activities

Important Links

Access the MDEQ OGS Eagle Mine Information website for links to additional information (click here).
Access links to the extensive files that make up the Permit Application for the Eagle Project including the Kennecott responses to MDEQ 91 technical deficiencies (click here).
Access the Kennecott Eagle Minerals Company website for further background and information (click here).
Access a lengthy and detailed legal analysis, "Between a Rock and a Hard Place," May 1, 2005, Vermont Journal of Environmental Law, by Scott A. Schultz (click here).
Access the Huron Mountain Wildlife Foundation (click here).
Access the Eagle Alliance website (click here).
Access the Save The Wild UP website (click here).
Access the Save The Wild UP Blog (click here).

Access the Michigan Mackinac Chapter of the Sierra Club website (click here).

Access the Michigan Sierra Club website on Sulfide Mining in the Upper Peninsula's Yellow Dog Plains (click here).

Access the Citizens for Responsible Mining website (click here).

Access a release on the Coaster Brook Trout (click here).

Access additional information on the Coaster Brook Trout (click here).

Access American Rivers release & Endangered Rivers link (click here).

Access the actual 56-page petition to the FWS on Coaster Brook Trout (click here).

The Marquette Mining Journal, Upper Peninsula's Largest Daily Newspaper (click here).
The Daily Mining Gazette, Serving Houghton, Keweenaw, Baraga and Ontonagon Counties Since 1858. (click here).

Federal Legislation

H.R.1844 - Sponsor: Representative Bart Stupak (D-MI). Title: To amend the Federal Water Pollution Control Act to prevent acid mine drainage into the Great Lakes. 3/29/07 Referred to the Subcommittee on Water Resources and Environment. (click here).
H.R.1842 - Sponsor: Representative Bart Stupak (D-MI). Title: To amend the Safe Drinking Water Act to prevent acid mine drainage into the Great Lakes. 3/29/07 Referred to the House Committee on Energy and Commerce. (click here).

WIMS Articles

EPA Agrees No UIC Permit Needed For Kennecott Mine - Jul 1, 2010: Access the complete letter from EPA (click here). Access EPA's Kennecott Eagle Mine website for complete background information (click here).

New Questions & Controversy Over Kennecott UIC Permit - Mar 22, 2010: Access the Kennecott letter to MDNRE (click here). Access the MDNRE letter to Kennecott (click here). Access the AP article (click here). Access the Lake Superior Mining News blog (click here). Access the article in the Marquette Mining Journal (click here). Access EPA's website for the Kennecott's Eagle Mine project and Federal permits for extensive information on the UIC permit (click here).

Meeting On Modifications To Kennecott Groundwater Permit - Mar 2, 2010: Access a release from MDNRE (click here, posted soon). Access the proposal (click here).

MDNRE Approves Humboldt Mill Facility Permits - Feb 9, 2010: Access a release from MDNRE (click here). Access copies of the permits and additional information (click here).

Groups Will Challenge MDEQ Kennecott Mine Approval - Jan 15: Access a release from NWF (click here).

Reactions To Kennecott Eagle Mine Final Approval - Jan 14, 2010: Access a release from MEC (click here). Access a release from Kennecott (click here).

MDEQ Issues Final Approval For Kennecott Eagle Mine Project - Jan 14, 2010: Access a release from MDEQ (click here). Access the 178-page original administrative PFD (click here).

MDEQ Director Remands Kennecott Decision To Administrative Judge - Nov 6, 2009: Access a release from MDEQ (click here, posted soon). Access the 178-page administrative decision (click here).

Hearing Scheduled On MDEQ Kennecott Humboldt Mill Permits - Oct 7, 2009: Access a release from MDEQ (click here). Access the permit application website for related information (click here).

Administrative Decision Would Allow Kennecott Mining Permits - Aug 18, 2009: Access the 178-page administrative decision (click here). Access a release from the groups on the decision (click here). Access a release on the petitioners appeal (click here). Access a release from Kennecott (click here).
Court Upholds MDNR Lease To Kennecott - Mar 5, 2009: Access a release from Kennecott (click here). Access the complete court decision (click here).

Kennecott Eagle Mine In Michigan Temporarily Deferred - Feb 12, 2009: Access a summary and link to the complete release (click here). Access a previous Marquette Mining Journal article with more details (click here).

Public Meeting Scheduled On Humboldt Mill Permit Application - Feb 5, 2009: Access an announcement from MDEQ (click here). Access links to the massive permit application and related information (click here).

NWF Reveals Kennecott Part 201 Violations - Jan 22, 2009: Access a release from NWF (click here). Access the Kennecott FOIA documents (click here).

EPA To Hold Meetings On Kennecott Mine UIC Permit - Oct 9, 2008: Access a release from EPA (click here). Access a copy of the permit application and more information about the Eagle mine project and the underground injection control program (click here).

Comment On ESA Petition To List Coaster Brook Trout - Mar 20, 2008: Access the complete FR announcement (click here). Access the FWS Docket to submit and review comments, etc. (click here). Access additional information on the Coaster Brook Trout from FWS (click here). Access the actual 56-page petition to the FWS on Coaster Brook Trout (click here).

MDNR Approves Land Lease & Reclamation Plan For Kennecott Mine - Feb 7, 2008: Access a release from Kennecott (click here). Access a release from NWF (click here). Access the MDEQ OGS Eagle Mine Information website for links to additional information (click here). Access the MDEQ Kennecott website for the Metallic Mineral Mining Operations Surface Use Lease Revised 01/28/08 (click here). Access the NRC Agenda for links to the Kennecott Mining and Reclamation Plan and Surface Use List (click here, scroll down to Director's Action Items).

U.S. EPA Continues Kennecott UIC Permit Review - Jan 14, 2008: EPA's Phillippa Cannon of the Office of Public Affairs told WIMS on January 14 that, "EPA is in the process of reviewing the Underground Injection Control permit application, including whether any additional federal laws or regulations might impact construction activities." Access EPA's announcement of the Kennecott UIC permit requirement (click here).

MDNR Delays Critical Kennecott Decision Indefinitely - Jan 10, 2008: Access links to various media reports of the meeting (click here). Access a release from environmental groups (click here).

Groups Take Legal Action To Stop Kennecott Mine Proposal - Dec 21, 2007: Access a release from the groups (click here). Access the NRC January 10, 2008 agenda with links to the staff recommendations (click here, page 2). Access the 71-page Kennecott Mining and Reclamation Plan and MDNR comments (click here). Access a 12/18/07 news article on more mines planned for U.P. (click here). Access a news article from the Marquette Mining Journal (click here).

Scholars Urge Governor & NRC To Oppose Kennecott Mine - Dec 17, 2007. Access a posted release from the professors (click here). Access the letter to the Governor including the list of signers (click here). Access the NRC January 10, 2008 agenda with links to the staff recommendations (click here, page 2). Access the 71-page Kennecott Mining and Reclamation Plan and MDNR comments (click here). Access the 5-page staff memo recommending approval (click here). Access a release from the groups on their legal actions (click here).

Kennecott Receives MDEQ Mine, Air & Groundwater Permits - Dec 14, 2007: Access a release from Kennecott (click here). Access the MDEQ OGS Eagle Mine Information website for links to additional information including all permit changes and supporting information (click here). Access a release from MDEQ (click here).

Kennecott Commits To Mine Air Filtration System - Oct. 18, 2007: Access a release from Kennecott (click here). Access the Kennecott Eagle Mine website for additional information (click here).

NWF Says Kennecott Eagle Project "Too Risky" - Oct 18, 2007: Access a release from NWF (click here). Access the MDEQ OGS Eagle Mine Information website for links to additional information (click here).

New U.P. Group Supports Kennecott Mine Proposal - Oct 17, 2007: Access the Citizens for Responsible Mining website for additional information (click here). Access various media reports (click here). Access the MDEQ OGS Eagle Mine Information website for links to additional information (click here).

Kennecott Mine Opponents Pleased With Hearings - Sep 17, 2007: Access a release from Save the Wild UP (click here). Access an article from the Marquette Mining Journal (click here).

Kennecott Mine Proposal: Updated Hearing & Document Notice - Aug 6: MDEQ has issued an updated public hearing notice for the Kennecott Eagle Project proposed nickel and copper mine to be located in Michigamme Township, Marquette County, Michigan, about 30 miles northwest of Marquette. MDEQ has expanded the sessions for the three public hearings scheduled for: September 10 (Northern Michigan University); September 13 (old K.I. Sawyer AFB); and September 19 (Lansing). MDEQ has also updated various permit documents as indicated and linked below. Written comments may be submitted by mail or e-mail until 5:00 PM, October 17, 2007.

Access the updated Public Hearing Notice for details and locations (click here). Access the updated Part 632 Nonferrous Metallic Minerals Permit Conditions (click here). Access the updated Air Quality Permit documents (click here). Access the updated groundwater discharge permit (click here). Access the updated MDNR metallic mineral lease (click here). Access the MDEQ OGS Eagle Mine Information website for links to additional information (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for previous WIMS articles, links and background information (click here). [*MIAll]

Enviros React To MDEQ Kennecott Approval - Jul 30: Michigan environmental groups, including Michigan Environmental Council (MEC), Michigan League of Conservation Voters Education Fund and the Sierra Club’s Michigan Chapter, reacted immediately to the MDEQ's announcement of its preliminary approval of the Kennecott Eagle Project near Marquette [See WIMS 7/30/07]. The groups called the proposal "flawed" and said it "ignores gaping shortcomings in the mining safety plan and puts the region’s economy and natural resources at risk."
    MEC spokesman Hugh McDiarmid Jr said, “This is the first of what may be an influx of applications to do this new and dangerous type of mining in the U.P. It’s gambling the future of this entire region of the U.P. for the payoff of a few dozen temporary jobs. When the minerals are gone, so will the London-based mining company, so it’s important we hold them to the highest environmental standards. But instead of setting tough standards to protect water quality and public health, the state’s Department of Environmental Quality (DEQ) seems content to allow vague assurances for parts of this plan rather than rock-solid specifics. They’re setting the bar too low.”
    According to a joint release from the groups, the mine would be the first in the U.P.’s modern era to drill in a sulfide rock formation. They said, "That type of rock, when brought to the surface, leaches sulfuric acid and toxic heavy metals. If handled improperly, the pollutants could devastate the pristine headwaters of the Salmon-Trout River and contaminate Lake Superior." They indicated that, sulfide mines elsewhere have "a dark legacy of resource degradation, collapse, heavy-metal pollution, and undetected and untreatable failures of safety liners and monitoring equipment."
    Brad Garmon, land programs director with MEC said, “We’ve read the same application as the Michigan Department of Environmental Quality, and we don’t see how they arrive at the conclusion that this is a viable permit. Michigan leaders drafted legislation and rules specifically to protect the UP’s most valuable asset -- its environment. The state’s people and leaders are being undercut by a flawed application of that law. Any permit application that fails to satisfy the most basic requirements should be denied and sent back to the drawing board.”
    Access a release from environmental groups (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for previous WIMS articles, links and background information (click here). [*MIAll]

MDEQ Preliminarily Approves Kennecott Application; Hearings Set - Jul 30: MDEQ and the Michigan Department of Natural Resources (MDNR) announced they will hold a consolidated public hearing on the Kennecott Eagle Project near Marquette on September 11 and 12; and another hearing in Lansing on September 19, 2007.

The highly controversial Project is a proposed nickel and copper mine and associated processing equipment located in Sections 11 and 12, T50N, R29W, Michigamme Township, Marquette County, Michigan, about 30 miles northwest of Marquette. Kennecott Eagle Minerals Company, Marquette, Michigan, submitted the applications for the Kennecott Eagle Project pursuant to State regulations. In addition to comments received at the hearings, comments presented by October 17, 2007, will be considered prior to final action.

The purpose of the hearing is to allow all interested parties the opportunity to comment on the following proposed actions: 1) the proposed conditional approval of the MDEQ Draft Michigan Air Use Permit for the installation and operation of the process; 2) the proposed approval of the MDEQ draft Groundwater Discharge Permit for the discharge of Mine Contact Water; 3) the proposed decision to grant MDEQ Nonferrous Metallic Mineral Mining Permit Application for operation and reclamation and draft permit; 4) the proposed MDNR draft State Land Lease Agreement for surface use of State land for the proposed production facility; and; 5) the proposed draft Mine Reclamation Plan pursuant to Kennecott's metallic mineral lease with the MDNR. The hearing will be recorded.

Throughout the hearing hours, technical staff of the MDEQ and MDNR will be available in an area adjacent to hearing room to answer questions regarding the Departments’ reviews and proposed actions. In order to accommodate the anticipated number of speakers, presentations will be limited to five minutes. Written comments will also be received at the hearing. MDEQ/MDNR have also prepared a 3-page Public Hearing Overview document that provides a summary of the various permits and the procedures to be followed at the hearings.

MDEQ has also issued a 3-page Proposed Decision document to grant a Mining Permit to Kennecott Eagle Minerals Company (Kennecott) for the proposed Eagle Project mine in Michigamme Township, Marquette County. The proposed decision is issued under the provisions of Section 63205 (MCL 324 63205) of Part 632, Nonferrous Metallic Mineral Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). MDEQ has indicated, "The DEQ has conducted a detailed and comprehensive review and evaluation of the permit application and supplemental information submitted by Kennecott, and of all public comments it has received thus far. Based on all information available at this time, the DEQ has determined that the application appears to meet the requirements for approval under Part 632. This is a preliminary decision."
MDEQ will consider additional information and comments from the public hearings and comment period and indicates that

Part 632 requires it to then issue a final decision on the Mining Permit on or before November 14, 2007; however, the final decision date may be extended if MDEQ requires additional information from Kennecott based on questions raised by public comments. Final decisions on the Groundwater Discharge and Air Use Permits, and on the MDNR surface lease, will also be made subsequent to the hearing. The Proposed Decision document also provides a brief background of the Kennecott permit application and reviews and events that have taken place thus far.

Access the public hearing notice with complete details on times and locations of the hearings (click here). Access the Public Hearing Overview document (click here). Access the Proposed Decision document (click here). Access the MDEQ Kennecott Project website for all documents (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for previous WIMS articles, links and background information (click here). [*All]

Kennecott Eagle Project Update - Jul 2: MDEQ Geological Survey Division has provided notice that it has added a new report to the Kennecott Eagle Project website entitled, Review of the Evaluation of Crown Pillar Stability for the Proposed Eagle Mine. The report by Report by Dr. Wilson Blake is a review of the data and conclusions about mine safety and stability of the proposed Kennecott Eagle Project that have been made by Dr. David Sainsbury for Itasca Consulting Group Inc. and Golder Associates Ltd.

According to the Executive Summary of the report, "Kennecott Eagle Minerals has submitted a Mining Permit Application for their Eagle Project in the Upper Peninsula of Michigan. Owing to concerns regarding the mine crown pillar stability and the potential for mining induced subsidence and its affect on the surface and ground water, the Michigan Department of Environmental Quality had the Itasca Consulting Company carry out a review of the supporting geotechnical work. This led to a modification in the mining plan that would not let the mining elevation exceed a mine elevation that left a substantial and stable crown pillar. Apparently there were still some concerns about the stability of the crown pillar, which has caused this review to be carried out.

"The concern with respect to crown pillar stability for the mining plan presented in the 2006 Mining Permit Application for the Eagle Project of Kennecott Minerals was warranted. The initial geotechnical work did not establish a stable crown pillar, and there was insufficient geotechnical and hydrological data available to determine the subsidence and hydrological response due to mining.

"Subsequent geotechnical work has resulted in establishing an upper mining elevation limit that will allow for mining to be carried out below and not have any effect on the surface. The Mining Permit Application for the Eagle Project has been modified to incorporate this upper mining limit (Phase 3). Additional geotechnical data collection will take place during mining and a Phase 3 crown pillar study will be carried out. The Itasca Consulting Group has endorsed the revised Mining Permit Application.

"I concur with Itasca and conclude that the Phase 3 mining limit at the 327.5 m elevation results in an 87.5 m thick pillar that is stable. The additional field investigations and data analysis to be carried out will determine whether mining can take place above the Phase 3 mining limit, and if so, will establish a stable crown pillar that precludes adverse subsidence and hydrological affects. Hence, I recommend that the Mining Application Permit for the Eagle Project be approved."
Access the Kennecott Eagle Project website (click here). Access the complete 8-page report (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for, previous WIMS articles, links and background information (click here).

Investigation Concludes No Staff Violations In Kennecott Review - May 15: MDEQ has posted documents from an independent review of the procedures and processes that led to important documents not being made public in the review of the Kennecott Eagle Minerals Company Eagle Project Mine Application.

it would be undertaking an extensive procedural review to determine how the documents were not immediately given the proper consideration and to ensure that there is a complete public record of information related to the mining proposal and its review. On March 8, several major Michigan environmental organizations called for the "reassignment" of MDEQ's top mining regulator, Geological Survey Division Chief Hal Fitch.

The documents, dated April 30, and May 1, 2007 (just posted) include: a Report from Dr. Donald Inman of EcoLogic Ltd regarding the investigation into the Processing of the Kennecott Eagle Minerals Company Eagle Project Mine Application; a 1-page Summary of Review from Department of Human Services, Office of Labor Relations regarding the investigation into the Processing of the Kennecott Eagle Minerals Company Eagle Project Mine Application; and an Appendix to EcoLogic Report (16 MB). The Inman report includes a number of recommendations for improvements to the review process.

According to the 1-page summary, "It has been determined that there is no evidence to conclude any violations occurred in the processing of the... Application. Specifically, Mr. Joe Maki, did not act with malice or deliberate disregard of public interest when he deleted/disposed a document (or documents) prepared by Dr. David Sainsbury(Itasca), one labeled May, 2006 and another labeled May 2006 with the word (Draft) inscribed on it. Further, there is no evidence that any other employee was involved in the deleting/discarding or the document(s)... My findings also concur with the findings of the report completed by Dr. Don Inman."

Access the 8-page Report from Don Inman (click here). Access the 1-page Summary (click here). Access the 407-page Appendix (click here). [*MIAll]

Former Governor Milliken Opposes Kennecott Mine Proposal - May 16: Former Republican Governor Bill Milliken (1969-1982) speaks out in the Detroit Free Press with a commentary on the highly controversial proposed Kennecott Eagle Minerals Company nickel mining operations at the Eagle Project mine 25 miles northwest of Marquette.
Milliken begins, "No resource is more important to Michigan's future than the Great Lakes. Any action that could threaten the quality of the lakes must be approached with extreme caution. That is why the people of Michigan should be very concerned about a proposal to blast a nickel mine in the Upper Peninsula under the headwaters of the Salmon Trout River, one of Lake Superior's primary tributaries..." And concludes, "Unfortunately, the Great Lakes face more threats today than ever before. Let's join all our voices with those of the citizens of the Upper Peninsula who are determined to protect their environment and the Great Lakes. Let's tell the DEQ in no uncertain terms we don't want this mine."

Access the Milliken commentary (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for, previous WIMS articles, links and background information (click here). [*MIAll]

Washington Post Article On UP Kennecott Mine Proposal - Apr 3: The Washington Post ran an article entitled, Upper Peninsula Looks Ahead, And Back, as Mine Interests Call, by Staff Writer Kari Lydersen in its April 3, 2007, edition. The article quotes Peter Dykema, a Washington lawyer and sixth-generation Huron Mountain Club member as saying, "This area is so sufficiently unusual, precious and delicate that the mine should not be located here. We're not against mining -- the world needs nickel and Michigan needs jobs. But it shouldn't be here."

The article reviews the history of UP mining and mentions others and the varying points of view on the proposal including: Kennecott project manager Jon Cherry; Sierra Club; Upper Peninsula Construction Council; a retired UP mining engineer; National Wildlife Federation; and Northern Michigan University.

On March 1, 2007, in a surprising announcement, MDEQ announced it had withdrawn its highly controversial proposed decision to approve the Kennecott Eagle Minerals Company permit for the proposed Eagle Project Mine 25 miles northwest of Marquette. The decision was made after MDEQ became aware that two adverse reports on the structural integrity of the mine were not made part of the public record or given a comprehensive technical review. Simultaneously, MDEQ postponed the public hearings that had been scheduled for March 6-8 in Marquette and March 12 in Lansing. Since that time environmental organizations have called for the removal of MDEQ's top mining regulator, Geological Survey Division Chief, Hal Fitch. On March 23, U.S. EPA Region 5 announced that it had notified Kennecott that it must obtain an underground injection control (UIC) permit before it can begin construction of its proposed wastewater disposal well.

Access the Washington Post article (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for, previous WIMS articles, links and background information (click here). [*MIAll]

EPA Enters Kennecott Mine Decision Making - Mar 23, 2007: While MDEQ continues its investigations into permitting irregularities, U.S. EPA Region 5 has notified Kennecott Eagle Minerals Co. in Marquette, that it must obtain an underground injection control (UIC) permit before it can begin construction of a proposed wastewater disposal well. EPA said Kennecott is proposing to begin a mining operation in northern Michigan. The well would be used to dispose of industrial process wastewater.
EPA said it requires permits in order to protect underground sources of drinking water. Based on the significant volume of wastewater to be discharged and the industrial nature of Kennecott's proposed well, permit conditions will be necessary to protect human health and the environment and to meet the requirements of the Safe Drinking Water Act and underground injection control regulations. Kennecott must submit a complete permit application for the proposed wastewater well to EPA within 60 days. They must also provide assurance to EPA that sufficient money has been set aside to properly close the well.
Access an EPA release (click here). Access the EPA Region 5 UIC website for additional information (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for, previous WIMS articles, links and background information (click here). [*MIAll]

MDEQ Releases Kennecott "Reference Catalogs" - Mar 19: MDEQ issued a very brief announcement via email message, regarding the Kennecott Mine proposal entitled, "Reference Catalogs available." The announcement contained no explanation about what it was or how it related to the Kennecott proposed Eagle Project mine review. Although not explained, the documents released obviously relate to the two reports that were suppressed from the MDEQ review and resulted in MDEQ's withdrawal of its preliminary approval of the proposed permit.

The entire message reads: "The following catalogs of files are now available. Reports and Technical Communications submitted by Arcadis regarding financial assurance. Additional reference files were provided by Arcadis. These are available from other web sites, a list is available on request. Reports and Technical Communications submitted by MFG regarding geochemistry and crown pillar considerations." The message contained links to the two reports mentioned and to the "list" available on request.

The first "catalog of files" is a 35-page document of a report and communications and comments between consultant Arcadis and Joe Maki, MDEQ UP District Geologist in Gwinn, MI. ARCADIS, Inc. (ARCADIS) was tasked to evaluate the financial assurance cost elements prepared by Kennecott Eagle Minerals Company (Kennecott) for their proposed underground nickel and copper mine in Michigamme Township, Marquette County, Michigan. The financial assurance is comprised of costs for reclamation, monitoring, closure, post-closure, agency oversight and contingencies. The purpose of ARCADIS’ scope of work is to enable the MDEQ, Office of Geological Survey (OGS), to determine the proper accounting of all such costs had been determined and addressed.

The second "catalog of files" is a 103-page document of reports and communications between consultant MFG, Inc. (a Tetra Tech Company) and various MDEQ officials including Joe Maki. MFG was a consultant charged to review the geochemical data collected from the proposed mine site to determine if they are sufficient to describe the potential reactivities of rocks in the mine area upon exposure to air and water. The mine area may include the underground workings, waste rock storage facilities, tailings impoundments, and any other facilities designed to contain rock excavated from the mine.

On March 1, MDEQ announced that it had withdrawn its highly controversial proposed decision to approve a permit for the proposed Eagle Project Mine 25 miles northwest of Marquette. The decision was made after discovering that two reports on the structural integrity of the mine were not made part of the public record or given a comprehensive technical review. Simultaneously, MDEQ postponed the public hearings which had already been scheduled for early March in Marquette and in Lansing.

Access the 35-page document involving ARCADIS (click here). Access the 103-page document involving MFG (click here). Access the "list" indicated as "available on request," which is posted on the WIMS-EcoBizPort (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for, previous WIMS articles, links and background information (click here). [*MIAll]

Enviros Call For Removal Of MDEQ Mine Chief - Mar 8: Several Michigan environmental organizations, including The League of Conservation Voters Education Fund, Michigan Environmental Council, Save the Wild UP and Sierra Club’s Michigan chapter; are calling for the "reassignment" of MDEQ's top mining regulator, Geological Survey Division Chief Hal Fitch. They said replacing Fitch is essential to restoring integrity to the Agency’s mine permitting process. In a release they said, "Fitch’s sloppy oversight of the proposed Kennecott Minerals Co. sulfide mine in Michigan’s Upper Peninsula has undermined the state’s tough new mining laws, put the U.P.’s tourism economy and natural resources at risk, and shattered public confidence in the mining permit process." The groups think the process needs to start over under new leadership.
    They indicated that the Kennecott review "imploded" last week with revelations that a key consultant’s report criticizing the engineering of the mine’s support structures was deleted from State files and the public record by one or more employees under Fitch’s supervision. They said, "The report may have been shared with Kennecott prior to its suppression – a matter currently under investigation."
    James Clift, Policy Director of the Michigan Environmental Council said, “Whether or not this inexcusable breach of trust was done with Mr. Fitch’s knowledge is beside the point. It is symptomatic of a relationship Mr. Fitch and his subordinates have with Kennecott that is compromising their ability to make objective decisions regarding this application. It has seemed from Day One that the regulators were acting more as an arm of Kennecott Minerals than the public watchdogs they are supposed to be. We have confidence that Gov. Granholm and MDEQ Director Steve Chester will find a replacement whose integrity and impartiality is beyond reproach.”
    MDEQ has rescinded its preliminary approval for the mine, postponed all previously scheduled public hearings and launched an independent investigation of the report’s suppression. The Kennecott proposal is the first test of the State’s new mining law. It was written to regulate what are expected to be numerous new sulfide mining applications and operations in the coming decade.

Access a joint release from the organizations (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for, previous WIMS articles, links and background information (click here). [*MIAll]

American Rivers Hails MDEQ's Kennecott Decision - Mar 2: The national environmental organization, American Rivers, hailed the withdrawal of a draft approval decision by MDEQ for the Kennecott Minerals Company’s proposed Eagle Project to mine nickel and copper near Marquette, which they say would convert roughly 92 acres of forest and wetlands at the Salmon Trout River’s headwaters in the prestine Huron Mountains area into an industrial zone. In a surprising move on March 1, MDEQ withdrew its preliminary approval and cancelled public hearings in Marquette and Lansing when it was discovered that critical technical documents, questioning the integrity of the project, were surpressed from the MDEQ and public review process.
Last year, American Rivers listed the Salmon Trout River as one of America’s Most Endangered Rivers. Rebecca Wodder, President of American Rivers said, “The Salmon Trout River is one of the gems of the U.P., a jewel worth a lot more to Michigan than a small amount of copper and nickel. There are some places that sulfide mining just doesn’t belong, and the headwaters of the Salmon Trout River would have to be close to the top of that list.” In a release American Rivers indicated the Salmon Trout River flows through the Huron Mountains and empties into Salmon Trout Bay on Lake Superior. The headwaters of the river begin in the Yellow Dog Plains, in the heart of one of the Midwest’s few and most significant remaining wildernesses, with abundant wildlife such as moose and wolves. Home to the one of the only known breeding population of the native coaster brook trout on Lake Superior’s south shore, the Salmon Trout River is currently in excellent ecological health.
Access a release from American Rivers and links to the Most Endangered Rivers listings (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for links and background information (click here). [*MIAll]

MDEQ Withdraws Kennecott Approval; Cancels Hearings - Mar 1: In a surprising announcement, MDEQ announced that it had withdrawn its highly controversial proposed decision to approve a permit for the Kennecott Eagle Minerals Company to conduct mining operations at the proposed Eagle Project Mine 25 miles northwest of Marquette. The decision was made after discovering that two reports on the structural integrity of the mine were not made part of the public record or given a comprehensive technical review. Simultaneously, MDEQ postponed the public hearings, scheduled for March 6-8 in Marquette and March 12 in Lansing, and said they would be rescheduled at a later date.

MDEQ said that as a result of the suppressed documents, there has been an insufficient opportunity for the entire mining team and MDEQ management to review the additional technical reports and determine their significance from a technical, legal, and policy perspective. MDEQ Director Steven Chester said, "This department has committed itself to making this process as open and transparent as possible. In light of this information, we must allow the needed time for ourselves, as well as the public, to give it the appropriate review. I regret that canceling the hearings at this time may create an inconvenience for those who were planning to attend, but it is critical for us to gain a better understanding of the situation before we engage in that important part of this process."

MDEQ indicated in a release that in addition to a technical review of the reports, the Department will be undertaking an extensive procedural review to determine how these documents were not immediately given the proper consideration and to ensure that there is a complete public record of information related to the mining proposal and its review. During this review, affected staff will be reassigned to other projects. MDEQ said it will share the findings of its review with the public as that information becomes available. MDEQ also release the two technical reports which were apparently not considered in the review.

One 24-page document, and another 7-page technical memorandum prepared in May 2006, analyzing crown pillar stability say, "The analysis techniques used to assess the Eagle crown pillar stability do not reflect industry best-practice. In addition, the hydrologic stability of the crown pillar has not been considered. Therefore, the conclusions made within the Eagle Project Mining Permit Application regarding crown pillar subsidence are not considered to be defensible."

Major environmental organizations and citizens that had previously presented the Governor with 10,000 signatures opposing the project, reacted immediately. Sierra Club and Michigan Environmental Council issued a joint release saying, "In a project of this magnitude, with so much at stake, it's inconceivable that this could happen. We have been arguing all along that the mine did not meet safety standards, so to learn that key data has been buried explains, but doesn't forgive, the preliminary decision to approve the mine." The groups called for a thorough investigation into how key technical reports were buried, who buried them, and what their motivations were.
They said, "We have confidence in the mining law and in the process that's been created to evaluate proposed mining operations. But none of that matters if there's incompetence or malfeasance on the part of the people who apply those rules."
They said, "The Kennecott Minerals Co. nickel mine, which would generate hundreds of thousands of tons of acid-leaching waste rock from underneath the Yellow Dog Plains near Marquette, would be the only mine of its type in Michigan. Several other potential U.P. mine sites are pending as companies wait to see how stringently state officials apply environmental safeguards to Kennecott."

Access a release from MDEQ (click here). Access a release from environmental organizations (click here). Access the MDEQ Kennecott review website for links to the documents and related permit review information (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for links and background information (click here). [*MIAll]

General & Special Kennecott Conditions Released - Feb 23: Late Friday (February 23) afternoon, MDEQ released Draft General and Special Conditions that would govern the activities and operations of Kennecott Eagle Minerals Company [See WIMS Special Report below] and that would be incorporated into a Mining Permit under Part 632 of 1994 PA 451, should a final decision to issue a permit be made. MDEQ is making these Draft Conditions available in order to provide an opportunity for the public to evaluate the proposed decision in light of the terms of governance that would be attached to a prospective permit and to provide for public comment on the adequacy of the conditions.

MDEQ will be holding public hearings on the proposed permit, which it has approved, in Lansing on March 12 at the Lansing Center and on three consecutive dates, March 6, 7 and 8, at Northern Michigan University in Marquette. Written comments may be submitted through April 5, 2007. The Eagle Project Mine proposes to produce nickel, copper, and other metals from a small but rich metal sulfide deposit located about 30 miles northwest of Marquette in the pristine Huron Mountains area near the Salmon Trout River. On January 9, 2007, MDEQ announced it had completed an "extensive, involved review and evaluation" of the plans and information submitted by Kennecott, as well as all public comments and had decided to approve issuing the Mining Permit.

Access the general and specific conditions (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for links and background information (click here). [*MIAll]

MDEQ Announces Lansing Hearing On Kennecott Proposal - Feb 16: MDEQ announced it will hold a public hearing in Lansing on a proposed decision to approve a mining permit to the Kennecott Eagle Minerals Company to conduct nickel mining operations at the proposed Eagle Project mine 25 miles northwest of Marquette. The Lansing hearing will be held March 12 at the Lansing Center from 1:00 to 4:30 PM and 6:00 to 9:00 PM. On January 30, 2007, over ten Statewide organizations and business leaders in southeast Michigan requested in writing that the State hold a public hearing in Lansing to give downstate residents a chance to voice their concerns over the current proposal. A public hearing is being held from 1:00-4:30 PM and 6:00-9:00 PM on three consecutive dates, March 6, 7 and 8, 2007, at Northern Michigan University in Marquette.

MDEQ and Michigan Department of Natural Resources (MDNR) made the proposed decision to grant the permit on January 9, 2007. MDEQ said the final decision to grant or deny the permit, which it expects to make later this year, will take into account all additional comments and recommendations received. MDEQ will accept written comments on the proposed mine permit through April 5, 2007.

On February 19, the Michigan League of Conservation Voters Education Fund (LCV Ed.Fund) and its allies across the State say they were encouraged by news that MDEQ will be holding two public hearings in Lansing on March 12 on the highly
controversial, Kennecott Eagle Mining Company proposal. Lisa Wozniak, Executive Director for the Michigan LCV Ed. Fund said, "It's encouraging that the DEQ appears to be coming closer to understanding the enormity of the public's concerns over this particular mine. The landmark decision over whether this mine is permitted or not deserves the utmost in terms of agency scrutiny and public involvement in the final decision."

Access a release from MDEQ (click here). Access a posted release from Michigan LCV (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for links and background information (click here). [*MIAll]

MDEQ/MDNR Notice Of Hearings/Comment On Kennecott Mine Proposal - Feb 5: MDEQ and Michigan Department of Natural Resources (MDNR) have provided official notice of a consolidated public hearing and comment period for the State’s proposed decision to issue a sulfide mining permit to Kennecott Eagle Mineral Corp. The Eagle Project Mine proposes to produce nickel, copper, and other metals from a small but rich metal sulfide deposit located about 30 miles northwest of Marquette in the pristine Huron Mountains area near the Salmon Trout River.

The public hearing will be held from 1:00-4:30 PM and 6:00-9:00 PM on three consecutive dates, March 6, 7 and 8, 2007, at Northern Michigan University, Don H. Bottum University Center, second floor, 1401 Presque Isle Avenue, Marquette. The hearing will cover several items: 1) the proposed conditional approval of the MDEQ Draft Michigan Air Use Permit for the installation and operation of the process, including control equipment pertaining thereto; (2) the approval of the MDEQ draft Groundwater Discharge Permit for the discharge of treated process wastewater from the proposed mine operation; (3) the proposed decision of the granting of the MDEQ Nonferrous Metallic Mineral Mining Permit Application for operation and reclamation; (4) the review of the MDNR draft State Land Lease Agreement for surface use of State land for the proposed production facility and; (5) the review of the draft Mine Reclamation Plan pursuant to Kennecott's metallic mineral lease with the MDNR. The official public comment period will continue following the hearing until 5:00 PM, Thursday, April 5, 2007.
On January 9, 2007, MDEQ announced it had completed what it called an extensive, involved review and evaluation of the plans and information submitted by Kennecott, as well as all public comments received throughout the entire application review process. MDEQ said it found that the Kennecott application fulfills all of the requirements of Part 632, and Kennecott's plans provide for proper protection of the environment, natural resources, and public health and safety. Therefore, MDEQ has proposed to grant the Mining Permit [See WIMS 1/9/07]. The MDEQ Draft Air Quality Permit Documents: 1) Permit No. 50-06 Draft Permit Conditions, 2) 50-06 Fact Sheet, 3) 50-06 Notice of Hearing and 4) 50-06 the Overarching Document are posted on the MDEQ's Kennecott Eagle Project website (See link below). MDEQ previously indicated that following the hearing and public comment period a final decision will be made. The deadline for a final decision will fall in early May 2007, but it may be extended if issues raised in public comments cause MDEQ to require additional information from Kennecott.

On January 8, 2007, environmental groups and U.P citizens presented the Governor with some ten thousand petion signatures opposing the mine proposal [See WIMS 1/8/07]. Also, on January 30, 2007, over ten statewide organizations and business leaders in southeast Michigan requested in writing that the State hold a public hearing in Lansing to give downstate residents a chance to voice their concerns over the current proposal. The groups said, “It would be a real travesty if the DEQ sticks with their current plan of holding no public hearings in the Lower Peninsula. People who live south of the Mackinac Bridge care deeply about the U.P. They have real concerns about a proposed mine that would degrade what many consider to be God’s country. They have a right to be heard." MDEQ's notice did not include any hearings in the Lower Peninsula.

Access the MDEQ Kennecott Eagle Project website for links to pertinent documents (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for links and background information (click here). [*MIAll]

Groups Want Downstate Hearing On Kennecott Permit - Jan 30: In a letter sent to officials at MDEQ, a coalition of conservation and environmental groups called for more public participation in the State’s proposed decision to issue a sulfide mining permit to Kennecott Eagle Mineral Corp. for a mine northwest of Marquette. The letter was signed by over ten statewide organizations and a long list of business leaders in southeast Michigan calling on the Governor and MDEQ to hold a public hearing in Lansing to give downstate residents a chance to voice their concerns over the current proposal.
Andy Buchsbaum from the National Wildlife Federation’s Great Lakes Regional Office in Ann Arbor said, “It would be a real travesty if the DEQ sticks with their current plan of holding no public hearings in the Lower Peninsula. People who live
south of the Mackinac Bridge care deeply about the U.P. They have real concerns about a proposed mine that would degrade what many consider to be God’s country. They have a right to be heard."

On January 9, 2007, MDEQ issued a preliminary approval to Kennecott Eagle Minerals Corp. to open a metallic sulfide mine in the pristine Huron Mountain area 25 miles northwest of Marquette [See WIMS 1/9/07]. MDEQ said it found that the Kennecott application fulfills all of the requirements of Part 632, and Kennecott's plans provide for proper protection of the environment, natural resources, and public health and safety. Therefore it proposed to issue the Mining Permit. At that time, MDEQ said there is still ample opportunity for interested persons to submit new information to be evaluated as the final decision is made. In accordance with Part 632, MDEQ is planning to hold public hearings on March 6, 7, and 8, 2007, in the Marquette area. A final decision is likely in early May 2007.

The environmental groups claim that this type of mining always results in significant acid mine drainage or heavy metal contamination, both of which adversely impact wildlife, human health and fisheries. James Clift from the Michigan Environmental Council said, “The current application under review does not meet the standards set by Michigan’s tough sulfide mining laws. The burden of proof that this mine can be done safely with no impact on the local environment lies on the mining company. This application falls far short of that.” Lisa Wozniak from the Michigan League of Conservation Voters said, “This is a state-wide issue with implications for the Great Lakes and all of Michigan. The fact that there are currently no public hearings scheduled in the Lower Peninsula is an indication that the DEQ and the Governor are trying to push this permit through under the radar, without the public noticing.”

Access a joint release from the groups (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for links and background information (click here). [*MIAll]

MDEQ Proposes Approval Of Kennecott Mine Permits - Jan 9: MDEQ announced it has completed what it called an extensive, involved review and evaluation of the plans and information submitted by Kennecott, as well as all public comments received throughout the entire application review process. MDEQ said it finds that the Kennecott application fulfills all of the requirements of Part 632, and Kennecott's plans provide for proper protection of the environment, natural resources, and public health and safety. Therefore the proposed decision is to grant the Mining Permit.

MDEQ said the Eagle Project Mine proposes to produce nickel, copper, and other metals from a small but rich metal sulfide deposit located about 25 miles northwest of Marquette in the Huron Mountains area. Kennecott would use underground mining methods that are designed to avoid impacts to the nearby Salmon Trout River or adjacent lands. The entrance to the mine, as well as the associated surface facilities, would be at a remote upland location, and the ore would be transported by truck and rail to a processing site in Ontario. Kennecott proposes to backfill the mined-out areas with waste rock, gravel, and cement and reclaim the entire area to its original condition at the conclusion of mining.

    MDEQ notes this is not the final decision. They said there is still ample opportunity for interested persons to submit new information to be evaluated as the final decision is made. In accordance with Part 632, MDEQ will hold a public hearing in March 2007, in the Marquette area. This will be a consolidated public hearing which will be an opportunity for residents to present new information or additional concerns about the; 1) Air Use Permit; 2) draft Groundwater Discharge Permit; 3) proposed decision to grant the Mining Permit; 4) draft Surface Lease, and; 5) the draft Reclamation Plan.
    In addition to the public hearing, written public comments will be accepted for 28 days following the hearing. Following the hearing and public comment period a final decision will be made. The deadline for a final decision will fall in early May 2007, but it may be extended if issues raised in public comments cause MDEQ to require additional information from Kennecott. Final decisions on the groundwater discharge and air use permits, and on MDNR surface lease and reclamation plan, will also be made after input from the hearing and public comments. MDEQ indicated it will conduct three days of formal public hearings in Marquette on March 6, 7, and 8.
    In a message posted on the environmental listserv, EnviroMich, MDEQ press secretary Robert McCann said, "This is obviously an issue that has been of great concern within the environmental community, and the DEQ is committed to maintaining open communication regarding how this interim decision was made. Michigan's new mining laws are among the most environmentally protective in the nation, and throughout the process of our review we have been working to ensure that Kennecott's proposal meets every aspect of what the law requires of them. I believe it is safe to say that this application has received more environmental scrutiny than just about any proposal in Michigan's history. We developed a mining team that was comprised of staff from several DEQ divisions, the Department of Natural Resources, as well as outside geochemical and geotechnical experts. After more than 12 meetings, and countless hours of review, it was the unanimous agreement of this team , and the decision of this department, to offer a proposed approval of these permits..."

On January 8, an environmental coalition delivered 10,000 signatures to the Governor, requesting that she say "no" to the proposed Kennecott mine [See WIMS 1/8/07]. Leaders of Upper Peninsula groups including property owners, concerned citizens, faith-based organizations, and tribal members were joined by conservation and environmental leaders from throughout the state as they presented the robust stack of signed petitions. In a release responding to the MDEQ decision, Andy Buchsbaum of the National Wildlife Federation responded, "This sets the bar for what may well be a rush to extract minerals from across the Upper Peninsula, so it’s not just another permit application. We’re appalled that Governor Granholm’s people appear – at least preliminarily – unwilling to set that bar at a level which protects water resources and the tourism-related jobs in the U.P.”

Access the MDEQ general announcement on the Kennecott information website (click here). Access a release on the proposed decision (click here). Access the specific, 6-page Proposed Decision Document (click here). Access the MDEQ EnviroMich post (click here). Access a release from environmental groups on the decision (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for links and background information (click here). [*MIAll]

10,000 Urge Governor To Say No To Kennecott Mine Proposal - Jan 8: In advance of an expected preliminary decision by MDEQ on January 9, 2007, regarding the Kennecott Eagle Minerals permit application for a mine northwest of Marquette in the Huron Mountains area; environmental groups issued a release saying that ten thousand Michigan residents have urged Governor Granholm to say no to what they call "an inadequate permit application for a risky new metallic sulfide mine in the Upper Peninsula. A grassroots coalition of U.P. citizens presented the residents’ petition signatures at the State Capitol. The groups say the mining operation will result in "hundreds of thousands of tons of acid-leaching waste, from underneath the Upper Peninsula’s Yellow Dog Plains.
    Leaders of Upper Peninsula groups including property owners, concerned citizens, faith-based organizations, and tribal members were joined by conservation and environmental leaders from throughout the state as they presented the robust stack of signed petitions. Dana Debel, policy director for Governor Granholm, accepted the petitions on behalf of the Governor and met with grassroots representatives. While meeting with Debel, concerned citizens said "Kennecott has failed to prove that they can mine in this area without harming the region’s natural resources."
    One major concern is that the mine would be drilled underneath the Salmon-Trout River, home to the only naturally-reproducing strain of the rare coaster brook trout on the southern shore of Lake Superior. Kennecott’s permit application is the first to be considered under Michigan’s new law regulating non-ferrous metallic mineral mining activities. The statute was passed in late 2004. Nearly one year later, the rules promulgation process was completed. In February of 2006, Kennecott filed a mining permit application.
    Tuesday’s anticipated announcement of a proposed decision by the MDEQ is another step in the process of considering whether the company should be granted a permit, but not the final step. MDEQ will continue its technical review and, by law, will make a final decision following another public hearing and comment period. The issuance or final denial of the permit will determine whether the project moves forward.
    Access a release from the environmental coalition (click here). Access the WIMS-EcoBizPort Special Report on the Kennecott Mining Proposal for links and background information (click here). [*MIAll]

Permit Holder "Standing" Bill Enrolled - Dec 6, 2006: The Michigan House and Senate have approved, nearly unanimously, HB 6318, that will eliminate any doubt about the legal "standing" of a permit holder in any administrative procedures [See WIMS 9/25/06]. The bill, which will now be sent to the Governor, will amend the Administrative Procedures Act to specify that in a contested case regarding an application for a "license," the applicant for that license is entitled to be a party in that contested case. The term "license" in the act is defined to refer to "the whole or part of an agency permit, certificate, approval, registration, charter, or similar form of permission." (The term does not include a license required solely for revenue purposes or a license or registration issued under the Michigan Vehicle Code.) The bill evolved from a recent circuit court decision in the Kennecott mining permit case -- since overturned on appeal [See WIMS 9/18/06] -- that prevented the company seeking a mining permit from participating in a court challenge to State approval of the permit.

According to a House legislative analysis, a representative from the Michigan Manufacturers Association (MMA) has said: "When manufacturers file permit applications with the state, they often have millions and even hundreds of millions of dollars at stake. We cannot think of any circumstance in which a company would not want to have the opportunity to respond to administrative or legal challenges to their applications or permits. We believe the law ought to remove any doubt about whether applicants should have standing in these situations." MMA and the Michigan Chamber of Commerce are both strong supporters of the bill.

Access the legislative details and link to analyses of the bill (click here). [*MIAll]

MDEQ Seeks Comment On Kennecott Eagle Mine Proposal - Nov 14: MDEQ announced that it is extending the deadline for its proposed decision on the application for a Mining Permit for the proposed Kennecott Eagle Project mine until January 9, 2007. MDEQ said the extension allows time for public comment on Kennecott’s response to MDEQ’s list of 91 technical deficiencies in the permit application. MDEQ said it is soliciting comment on additional information submitted on October 27, 2006 by Kennecott Eagle Minerals Company (Kennecott) on the application [See WIMS 10/27/06]. The additional information is contained in a letter with attachments from Kennecott entitled, “Response to Michigan Department of Environmental Quality Comments Dated June 21, 2006 on the Eagle Project Mining Permit Application,” and referred to in the MDEQ Notice as the “Supplemental Response.”
MDEQ said the extension will allow for consolidation of public hearings on applications for three permits: the Mining Permit, a groundwater discharge permit, and an air discharge permit. MDEQ is accepting public comments on Kennecott’s Supplemental Response for 42 days, until December 26, 2006. MDEQ will review the comments, after which it will make a proposed decision on the Mining Permit application and issue a notice of a consolidated public hearing. MDEQ intends on scheduling one consolidated multi-day public hearing for all three permit applications which is specifically authorized under Part 632 (MCL 324.63206(15)).

The Eagle site is located about 30 miles northwest of Marquette. The proposed mine represents the first application received under Michigan’s new comprehensive mining law - Part 632, Nonferrous Metallic Mineral Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. Part 632 provides a comprehensive framework to assess and evaluate the environmental impacts, operational controls, and closure activities proposed by the applicant to ensure that Michigan’s natural resources are fully protected.

Access a November 14, 2006 notice regarding the extension, comment period, availability of information and comment procedures (click here). Access links to the extensive files that make up the Permit Application for the Eagle Project including the Kennecott responses to MDEQ 91 technical deficiencies (click here). Access the MDEQ OGS Eagle Mine Information website for links to additional information (click here). [*MIAll]

Kennecott Mine Review Continues With New Submittals - Oct 27: According to a release from Kennecott Eagle Minerals Company, a recent Michigan Court of Appeals ruling became effective today (October 27, 2006) because the ruling was not appealed to the Supreme Court [See WIMS 9/18/06]. The deadline now allows MDEQ to resume its processing of a mine permit application submitted earlier this year by the Company. The action also allows Kennecott to submit responses to clarifications requested by MDEQ that the Company has been prepared to submit for several months; however, the MDEQ was prohibited by court order from reviewing the information until the ruling became effective today. Now, that the prohibition has been lifted, Kennecott is submitting the information to MDEQ. In order to allow sufficient time to complete review of the application, including the additional information, Kennecott advised MDEQ early Friday that it was acting on a provision of the law that allows more review time, if the applicant agrees.
Jon Cherry, Kennecott’s manager for the Marquette area Eagle project said, “Kennecott is committed to compliance with Michigan’s mining law, which rightly requires high standards of environmental protection for us to meet. As the first applicant to Michigan’s non-ferrous metallic mining law, we recognize our responsibility to work cooperatively with the State and community to ensure this first project sets a strong precedent for how this type of mining will be done. Wisely, those who helped develop Michigan’s mining law envisioned a need to provide MDEQ with flexibility. This is the opportunity to make sure the process results in an effective and comprehensive review that is not only fair to Kennecott but also provides the community with confidence that mining companies will be held accountable to the laws protecting Michigan’s environment.” Foremost among the information being provided in the response to MDEQ is additional geotechnical data. In addition, other information being submitted increases Kennecott’s surface and groundwater data for the area, and reinforces the company’s on-going monitoring program aimed at establishing a record of robust pre-mine baseline conditions.
The Eagle Mine will be a "small underground mine with no onsite processing facilities," which the Company says will dramatically lessening the size and impact to the area. Only about 88 acres will be used for surface operations, such as administrative offices, a water treatment facility, truck loading and washing areas, salvaged topsoil stockpiles, a small generating station to provide power inside the mine and at the site, and all other aspects of the development. The below ground deposit is approximately six acres in size. The mine will be the only primary nickel mine in the U.S., and is expected to produce an estimated 250-300 million pounds of nickel. Nickel is essential for the manufacture of a wide products ranging from stainless steel, cars, appliances, aerospace and modern medical technologies, to everyday household batteries and environmentally friendly hybrid vehicles. More than $150 million will be invested by Kennecott to build the Eagle Mine, approximately 120 full-time direct jobs and an additional estimated 350 to 500 indirect jobs will be created as a result of this investment.

Access a release from Kennecott published on the WIMS-EcoBizPort website (click here). Access the Eagle Mine permit website (click here). Access the Kennecott Eagle Minerals Company website for further background and information (click here). [*MIAll]

House Approves Permit Holder "Standing" Bill 106-0 - Sep 20: The Michigan House approved HB 6318 by a unanimous vote of 106-0. The bill would amend the Administrative Procedures Act to specify that in a contested case regarding an application for a "license," the applicant for that license is entitled to be a party in that contested case. The term "license" in the act is defined to refer to "the whole or part of an agency permit, certificate, approval, registration, charter, or similar form of permission." (The term does not include a license required solely for revenue purposes or a license or registration issued under the Michigan Vehicle Code.)
The stated aim of the bill is to make it clear that an applicant for a state permit, registration, certificate, charter, etc. is entitled to be a party in any contested case proceeding on the application under the Administrative Procedures Act (APA). Reportedly, applicants have not been excluded from contested case hearings, but a recent circuit court decision in the Kennecott mining permit case -- since overturned on appeal [See WIMS 9/18/06] -- prevented the company seeking a mining permit from participating in a court challenge to State approval of the permit. The case raised concerns about the clarity of the APA. According to a House legislative analysis, a representative from the Michigan Manufacturers Association (MMA) has said: "When manufacturers file permit applications with the state, they often have millions and even hundreds of millions of dollars at stake. We cannot think of any circumstance in which a company would not want to have the opportunity to respond to administrative or legal challenges to their applications or permits. We believe the law ought to remove any doubt about whether applicants should have standing in these situations." MMA and the Michigan Chamber of Commerce are both strongly supporting the bill.

Access the legislative details and link to analyses of the bill (click here). [*All]

MDEQ Kennecott Eagle Project Update - Sep 18, 2006: MDEQ released three XL spreadsheets of data calculations for the Kennecott Eagle Project proposal [See WIMS 6/22/06]. Kennecott submitted plans for the proposed Eagle Project Mine to MDEQ on February 22, 2006. The proposed operation would mine nickel, copper, and other metals from a small but rich deposit located about 25 miles northwest of Marquette and about 10 miles southwest of the community of Big Bay. Kennecott proposes to extract the ore by underground mining, and transport it by truck and railroad to a processing facility in Ontario. On June 21, MDEQ announced that it was requesting Kennecott Eagle Minerals Company to supply supplemental information and data needed to complete a thorough, accurate, and comprehensive review of the Eagle Project Mining Permit Application [See WIMS 6/21/06].
The new spreadsheets related to Volume IC Appendix D2 of the application and deal with Calculations For Mine-Year 8 Water Quality From Full Underground Workings Based On Column-Leach Tests and Calculations For Water Quality From Full Development-Rock Stockpile Based On Column-Leach Tests.
On September 15, the Michigan Court of Appeals overturned a ruling from Ingham County Circuit Court Judge Paula J.M. Manderfield that had blocked MDEQ from continuing its review on whether to issue a permit for the nickel and copper mine. MDEQ's June 21 letter cited 91 problems with the Kennecott application, including concerns about the integrity of liners designed to prevent acid from leaking into waterways and questions about how the endangered Kirtland’s Warbler would be protected. Despite its concerns, MDEQ asked the Appeals Court to overrule the lower court decision. In its order the Appeals Court indicated that plaintiffs (Keweenaw Bay Indian Community, the Yellow Dog Watershed Preserve and the Huron Mountain Club) had not shown they would be harmed by MDEQ’s determination that the application was complete. At least one of the parties, Keweenaw Bay Indian Community has indicated it will request the Michigan Supreme Court to intervene in the case.

According to a release from Kennecott, Jon Cherry, manager of the company's Eagle Project said, “We are extremely pleased with the ruling today by the Michigan Court of Appeals, as it allows the MDEQ to continue reviewing our permit application, out from under the cloud of litigation. As a result, we look forward to working with the MDEQ and community to ensure our permit application thoroughly addresses all of the issues required by Michigan law for the development of an environmentally safe mine.”
Access the new files (click here, zip format). Access a release from Kennecott published on the WIMS-EcoBizPort website (click here). Access the Eagle Mine permit website (click here). Access a September 15, article in the Marquette Mining Journal with further details (click here). Access the Kennecott Eagle Minerals Company website for further background and information (click here). [*MIAll]

Judge Halts Kennecott Mine Plan - Jun 22: According to a joint release from the Michigan Environmental Council (MEC) and the National Wildlife Federation (NWF), the groups are applauding a Thursday ruling from Ingham County Circuit Court Judge Paula J.M. Manderfield saying the controversial Kennecott Eagle Project Mine plan must be suspended while legal challenges are heard. NWF said "...the state needs to be more rigorous in protecting the U.P.’s assets from Kennecott. This ruling indicates that the DEQ needs to increase the level of scrutiny and hold Kennecott accountable for the shortcomings. A plan with such potentially devastating consequences must be able to answer tough questions about every aspect of its operation. So far they haven’t been able to.”

Kennecott submitted plans for the proposed Eagle Project Mine to MDEQ on February 22, 2006. The proposed operation would mine nickel, copper, and other metals from a small but rich deposit located about 25 miles northwest of Marquette and about 10 miles southwest of the community of Big Bay. Kennecott proposes to extract the ore by underground mining, and transport it by truck and railroad to a processing facility in Ontario. On June 8, Sierra Club, MEC and NWF, announced that Federally endangered Kirtland’s Warblers had been documented near the proposed mine site [See WIMS 6/8/06]. Also, in February, Sierra Club and the Huron Mountain Club petitioned the U.S. Fish & Wildlife Service to list the Coaster Brook Trout as Endangered under the Endangered Species Act. The Coaster, once prevalent in Lake Superior, now has a resident breeding population in only one stream on the south shore of the lake -- the Salmon Trout River [See WIMS 2/24/06]. Additionally, on June 21, MDEQ announced that it was requesting Kennecott Eagle Minerals Company to supply supplemental information and data needed to complete a thorough, accurate, and comprehensive review of the Eagle Project Mining Permit Application [See WIMS 6/21/06].

In their release, the groups indicated that MDEQ experts cited 91 problems with the Kennecott application, including concerns about the integrity of liners designed to prevent acid from leaking into waterways and questions about how the endangered Kirtland’s Warbler would be protected. MEC said, “The state’s findings and the court’s ruling support our position that this application has too many unanswered questions, and the risks are too high. The State of Michigan has moved beyond this 19th century mentality of risking prize waters like the Salmon-Trout River for fewer than 100 temporary jobs. We’ve learned our lesson; the jobs disappear, the profits flow to international companies, and Michigan’s residents are left with the pollution.”
Access a release from MEC/NWF (click here). Access the Eagle Mine permit website (click here). Access a June 1, article in the Marquette Mining Journal with further details (click here). [*MIAll]

Kennecott Eagle Project Update - Jun 21: According to MDEQ, a letter has been sent by the Department to the Kennecott Eagle Minerals Company identifying areas where supplemental information and data are needed to complete a thorough, accurate, and comprehensive review of the Eagle Project Mining Permit Application [See WIMS 6/8/06]. The items in the letter are based on a compilation of: (a) formal comments made the public hearings held on April 18, 2006 in Marquette; (b) written public comments received by May 16, 2006; and (c) concerns raised by the Permit Application Review Team. Each comment is followed by a response from MDEQ, Office of Geological Survey.
Access a copy of the letter to the applicant (click here). Access the compilation of comments and responses (click here). Access the Eagle Mine permit website (click here). [*MIAll]

Endangered Kirtland’s Warblers Found Near Kennecott Mine Proposal - Jun 8: According to a joint release from Sierra Club, Michigan Environmental Council and National Wildlife Federation, Federally endangered Kirtland’s Warblers documented near the site of a controversial Kennecott Mining Corporation proposed sulfide mine in the Upper Peninsula, northwest of Marquette, should bring the permitting process to a halt while further environmental assessment is conducted. Michelle Halley of the National Wildlife Federation said, “The confirmation of at least one endangered Kirtland’s warbler in the vicinity of the proposed mine site and transportation route raises a new set of concerns about the project and illustrates, again, that the Yellow Dog Plains is a unique habitat that must be protected.” The Sierra Club and the Huron Mountain Club have previously raised concerns about the proposed mine's threat to the headwaters of the Salmon Trout River from the which is the breeding grounds of the Coaster Brook Trout (Salvelinus fontinalis). The groups have jointly petitioned the U.S. Fish & Wildlife Service to list the Coaster Brook Trout as Endangered under the Endangered Species Act. The Coaster, once prevalent in Lake Superior, now has a resident breeding population in only one stream on the south shore of the lake -- the Salmon Trout River [See WIMS 2/24/06].

The already endangered Kirtland’s Warblers is one of the world’s rarest birds with only about 1,400 Kirtland’s Warblers existing worldwide. They nest almost exclusively in 10 Michigan counties during the summer. Their existence near the proposed mine in Marquette County was previously unknown. In a letter to MDEQ sent today (June 8, 2006), the three groups asked that the mining permit process be stopped while further assessment is conducted. The groups urged MDEQ to require two years worth of data when the rules were being written. They said, “The birds weren’t there last year, and this year they are. Clearly, one year of monitoring is insufficient.”

Access a posted release (click here). Access the Kennecott application review website for additional information and links to documents (click here). Access the permit application files (click here). For further information contact Steven Wilson (click here). [*MIWildlife]

Kennecott Eagle Project Update - May 5: On April 18, 2006, a public meeting was held in Marquette to discuss proposed Kennecott Eagle Project Permit Application. Written public comments are being accepted until the close of business on Tuesday, May 16, 2006 [See WIMS 3/28/06]. On April 25, 2006, MDEQ's Office of Geological Survey indicated it had requested and received Technical Memorandum 04 25 2006 which includes: (1) a Clarification of the RMR [Rock Mass Rating] Classification System and (2) the Eagle Crown and Pillar Discussion.

Access the Kennecott application review website for additional information and links to documents (click here). Access the permit application files (click here). For further information contact Steven Wilson (click here). An unofficial site for the application and review has been established on the Wisconsin-based, Land Information and Computer Graphics Facility website (click here). Access links to various media coverage (click here). [*MIAll]

Reminder: Public Meetings On Kennecott Permit Application - Mar 28: MDEQ has issued a release reminder for the two public meetings scheduled to share information and hear public comments on the application for a mining permit from Kennecott Eagle Minerals Company of Marquette [See WIMS 3/17/06]. The meetings will be held April 18, at Northern Michigan University, 1106 University Center, in the Michigan and Huron Rooms (2nd floor). An afternoon meeting will be held from 1:00 to 4:30 PM and an evening meeting from 6:00 to 9:30 PM. The first two hours of each meeting will provide a chance for individuals and small groups to take part in informal question and answer discussions with staff of MDEQ and Department of Natural Resources. The last 90 minutes of each meeting will be set aside for the public to make formal comments on the application for MDEQ consideration.
Kennecott submitted plans for the proposed Eagle Project Mine to MDEQ on February 22. The proposed operation would mine nickel, copper, and other metals from a small but rich deposit located about 25 miles northwest of Marquette and about 10 miles southwest of the community of Big Bay. Kennecott proposes to extract the ore by underground mining, and transport it by truck and railroad to a processing facility in Ontario.
Access an MDEQ release (click here, posted soon). Access the Kennecott application review website for the notice and links to additional information (click here). Access the permit application files (click here). For further information contact Steven Wilson (click here). An unofficial site for the application and review has been established on the Wisconsin-based, Land Information and Computer Graphics Facility website (click here). [*MIAll]

Kennecott Application Public Meetings Announced - Mar 17: MDEQ's Office of Geological Survey has announced that it will hold public meetings on the Kennecott Eagle Mine Project permit application on Tuesday April 18, 2006, at Northern Michigan University, Marquette, second floor of the University Center, Michigan & Huron rooms. The Part 632 Permit Application, for the Eagle Mine 25 miles northwest of Marquette was determined to be "Administratively Incomplete" on March 10, 2006. Informal sessions are planned from 1-3 PM and 6-8 PM. Formal public comments will be accepted from 3-4 PM and 8-9 PM.

Access the Kennecott application review website for the notice and links to additional information (click here). Access the permit application files (click here). For further information contact Steven Wilson (click here). An unofficial site for the application and review has been established on the Wisconsin-based, Land Information and Computer Graphics Facility website (click here).
[*MIAll]

Kennecott Application "Administratively Complete" - Mar 10, 2006: After announcing on March 8 [See WIMS 3/9/06], that the Kennecott Eagle Project Part 632 Permit Application, for the Eagle mine 25 miles northwest of Marquette was "Administratively Incomplete," MDEQ's Office of Geological Survey now says the application is "Administratively Complete." Accordingly, as of Friday, March 10, 2006 the Permit Application for the Kennecott Eagle Project is considered to be “Administratively Complete,” and MDEQ will proceed with reviewing the application as to adequacy and accuracy. As a part of the review process, a public meeting will be scheduled and announced in accordance with the Part 632, Nonferrous Metallic Mineral Mining.

Kennecott Application Determined Administratively Incomplete - Mar 8, 2006: MDEQ's Office of Geological Survey has announced that after a review of the Kennecott Eagle Project Part 632 Permit Application, for the Eagle mine south of Marquette [See WIMS 2/24/06], it has been considered "administratively incomplete." A request has been made to the applicant for additional information. In accordance with Part 632, the Permit Application Administrative Completeness Process the application is tolled until the requested material is provided.

Groups Petition For Coaster Brook Trout Designation - Feb 23: The Sierra Club and the Huron Mountain Club jointly petitioned the U.S. Fish & Wildlife Service to list the Coaster Brook Trout (Salvelinus fontinalis) as Endangered under the Endangered Species Act. The Coaster, once prevalent in Lake Superior, now has a resident breeding population in only one stream on the south shore of the lake -- the Salmon Trout River. The lands adjoining the portion of the Salmon Trout used by Coaster Brook trout is owned in it’s entirety by the Huron Mountain Club, which has been the prime conservator of this rare fish. Habitat degradation by logging and roadbuilding upstream from spawning grounds have caused numbers to decline. In addition, the groups say there is the new threat of an acid-generating mine at the headwaters of the Salmon Trout from the Kennecott Mining Corporation, which has submitted an application for a permit to begin mining [See related article below]. Access a release (click here). Access additional information on the Coaster Brook Trout (click here). Access the actual 56-page petition to the FWS (click here). [*MIWildlife]

MDEQ Receives Kennecott Eagle Mine Application - Feb 22, 2006: MDEQ, Office of Geological Survey, has announced that it has received a Part 632, Nonferrous Metallic Mineral Mining, Application for Permit to Mine, form the Kennecott Exploration Company, for the Eagle mine south of Marquette. MDEQ indicates that the application will not be available for public review until Wednesday, March 8, 2006. The application will be available as part of Office of Geological Survey publication series Mining Application Report (MAR). Additional information about the publication will be forthcoming. If the application is considered "Administratively Complete," there will be an informal Public Meeting and a formal Public Hearing held in Marquette. Written comments relevant to the application will be accepted until twenty-eight days after the date of the public hearing on this application.
MDEQ's Part 632 Nonferrous Metallic Mining Rules became effective on February 2, 2006 [See WIMS 2/6/06], and at that time the Agency announced that it expected an application from Kennecott by the end of February. MDEQ said then that preliminary indications were that the permit application would be thousands of pages long. MDEQ has established a special website for information on the Kennecott Eagle Mine application and review. Sierra Club, Michigan Environmental Council and the National Wildlife Federation, as well as local area environmental and citizen organizations have indicated they will be watching the application closely.

Access the Kennecott application review website for the notice and links to additional information (click here). For further information contact Steven Wilson (click here). Access the MDEQ Metallic Minerals Mining website for additional information (click here). Access the Sierra Club Sulfide Mining Rules website (click here). Access links to the latest media coverage (click here). [*MIAll]

MDEQ Part 632 Nonferrous Metallic Mining Rules Effective - Feb 3, 2006: MDEQ reports that the rules for Part 632 Nonferrous Mining have made their way though the administrative processes and became effective on February 2, 2006. The Office of Geological Survey indicated in an email message to interested parties that it anticipates an application form Kennecott for the Eagle Mine by the end of February. Preliminary indications are the permit application will be thousands of pages long. MDEQ has already established a website for information on the Kennecott Eagle Mine application and review (See below).
Last fall the Sierra Club, along with the Michigan Environmental Council and the National Wildlife Federation, hosted several workshops and meetings about the draft sulfide mining rules. The workshops and meetings were open to the public and designed to educate citizens on the process for making good effective public comments, and to explain the groups' recommendations for strengthening the rules. Sierra Club established a website with extensive information about the rules.
Access the new rules (click here). Access Description of the Rules Promulgation Process (click here). Access a report on the Part 632 Rules Hearings and changes made from comments (click here). Access the Kennecott application review website (click here). Access the MDEQ Metallic Minerals Mining website for additional information (click here). Access the Sierra Club Sulfide Mining Rules website (click here). Access the history of the rule, and links to the revision text, the regulatory impact statement from the SOAHR website (click here). For further information contact Steven Wilson (click here). [*MIAll]

Meeting To Discuss Proposed UP Nickel-Copper Mine - Jul 18, 2005: MDEQ will hold public meeting in Marquette on August 4, to discuss tentative plans for a potential new underground mine in Marquette County. This informational meeting will be held from 7-9 PM at the University Center Building, Northern Michigan University. The proposal is by Kennecott's tentative plans for a nickel-copper mine at the Eagle Project site 30 miles northwest of Marquette. The meeting will discuss how the proposal would be evaluated under environmental laws and the public may voice concerns. MDEQ says it is sponsoring the meeting "to promote open and frank communication with citizens and interest groups." Access a release (click here). Contact Robert McCann for further information Email: (click here); Phone: 517-241-7397. [*MIAll]