U.P. Sulfide Mine Will Be Allowed

The Department of Environmental Quality has approved a series of permits for the Kennecott Eagle Minerals Company to open Michigan's first sulfide mine near Marquette, the agency announced Friday, December 14. The mine proposal has raised concerns that the mine will contaminate watersheds that flow into Lake Superior and open the door for more companies to begin unearthing sulfide rock in the Great Lakes region.

Before mining can begin, Kennecott will also require permits from the Department of Natural Resources (DNR) and the Environmental Protection Agency.

According to the National Wildlife Federation, the controversial form of mining, banned in Wisconsin, has the potential to generate hundreds of thousands of tons of acid-leaching waste rock from beneath the Salmon Trout River near Marquette. The federation has questioned the legality of the permit and is considering administrative and court actions against the mine's approval.

Kennecott, a subsidiary of international conglomerate Rio Tinto, is seeking nickel deposits beneath the Yellow Dog Plains, which it anticipates will take seven years to extract. Unlike mining raw ore, the nickel is combined with sulfide rock, which releases sulfuric acid when unearthed and exposed to oxygen, leading area residents, environmental groups, and several ad hoc groups to oppose the project.

The state reported the mining proposal meets strict environmental standards.

"This has been one of the most thorough reviews of an application ever done by this agency," reported Director Steven E. Chester of the Department of Environmental Quality (DEQ). "In the end, Kennecott's proposal met the high standard set by Michigan's environmental laws."

Congressman Bart Stupak wasn't impressed.

"I am disappointed DEQ has decided to approve permits for Kennecott's sulfide mine in northwest Marquette County," he said in a written statement. "Having had time to thoroughly review the information, there are a number of concerns I have which still need to be addressed."

While Mr. Stupak said he does not oppose mining in general, he insisted that independent studies must be completed before a sulfide mine is allowed in Michigan.

"Once permitted, I am fearful as many as six additional sulfide mines will be allowed to operate on the shores of the Great Lakes, jeopardizing the world's largest body of fresh water," he added.

According to the DEQ, rules governing the mine are among the most stringent in the nation and were drafted and agreed to by a work group that included representatives from environmental, business, and mining organizations. Mr. Chester contends that public concerns collected at hearings have been addressed.

"We must now remain vigilant in ensuring that Kennecott complies with its permits and lives up to its end of the bargain in keeping Michigan's environment safe," he said.

"The DEQ has allowed their permits without requiring an Environmental Impact Statement to be completed," Mr. Stupak said. "I also believe comprehensive baseline hydrological and geological studies should be conducted by an independent third party."

The DEQ has required Kennecott to provide a financial assurance bond, but Mr. Stupak said it is not adequate to address potential contamination.

"Environmental damages often do not surface until years after a mine is out of operation and can be costly for local and state governments to clean up," he said. "Contaminated sites cost significantly more to clean up than the $17 million set aside for this project."

Mr. Stupak cited seepage of old kiln dust into Lake Michigan at the Bay Harbor housing development near Petoskey, which may cost $93 million to abate.

"I also have significant concerns, given the state of Michigan's budgetary situation, the DEQ will not have adequate resources to ensure Kennecott is complying with all safety and environmental standards that it has promised to meet. The proposed sulfide mine will require well trained inspectors to enforce area and water pollution control standards established in the permits. The Kennecott Company, rather than the taxpayers, should be responsible for providing the state with the funding needed for the inspectors."

Responding to public comment made at hearings, the DEQ altered the permits to limit mining activities to below 327.5 meters, to address concerns about the stability of the mine. Mining will only be allowed above that level when approved in writing by the DEQ, based on further field investigations and analysis to be conducted by Kennecott, the DEQ reported.

Also in response to public concern, the department reported that it will require annual certification of the rock stability and require Kennecott to stop work and report to the DEQ if stability is questionable. The company will have to provide a filter system in the mine shaft ventilation stack that will result in a significant decrease in particulate matter emissions. Further, the company must come up with a plan to control hazardous dust produced by the mine, the department reported.

Michelle Halley, an attorney for the National Wildlife Federation, questioned whether the DEQ adequately considered the expert testimony that concludes the mine poses an unacceptable risk to the state's water resources and safety of mine workers.

"NWF and key allies that share our concerns are prepared to challenge these permits because they do not meet legal standards. We cannot stand idly by while the DEQ permits fatally flawed projects," she said. "The DEQ has always said they would make the decision based on science, and yet they have ignored the technical information submitted by leading mining industry experts."

"Technical analysis was submitted by people who specialize in groundwater, subsidence, air pollution, and a myriad of other specialties and all pointed to egregious errors in the permit application. For the DEQ to turn a blind eye indicates that something other than science is prevailing in Lansing," she added.