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Marquette Monthly
February, 2008
 

Lookout Point, by Emily Whittaker
Sulfide mining hits snag


The tranquil snow is accumulating on the Yellow Dog Plains, but the weather hasn’t quieted the controversy over sulfide mining. In December, after permits from the Michigan Department of Environmental Quality (MDEQ) were issued to Kennecott Eagle Minerals Company (KEMC), the company announced six more potential mining prospects on the Yellow Dog Plains. This is truly disturbing news.
The idea that the Eagle Project is a solitary endeavor is no more. The U.P. is facing the potential of a mining district in the largest undeveloped area in our state.
The Michigan Department of Natural Resources (MDNR) also made headlines by putting a hold on considering the company’s lease application. On January 10, Director Rebecca Humphries surprised the company by not issuing the State Land Use Lease because of an inadequate amount of information in several arenas.
In several instances, Kennecott has “indicated, stated or implied” that it will develop plans for subsidence, slumping, leaks, etc. It looks like Kennecott simply saying it will deal with it at some point in the future will not fly with the MDNR. The people of Michigan and Humphries want to see more specific plans and actually have the plans included in the application. According to MDNR, this is an abbreviated list of deficiencies they found in the application:
• Location of portal and surface facility—MDNR is asking Kennecott why this parcel of land is best suited for its operations as opposed to the many acres owned by Kennecott. MDNR is asking for specific rationale and data to support Kennecott’s claim that the public’s land is a superior location.
• Subsidence—A plan to monitor surface and subsurface subsidence needs to be included in the Mining Reclamation Plan, along with a response plan should subsidence occur.
• Leakage—The company purports it has a plan to deal with a leak in the TDRSA (Temporary Development Rock Storage Area), but did not include it in its Mining Reclamation Plan. The MDNR is asking for a response plan in the case that the TDRSA leaks.
• Mine Groundwater Assessment Plan—Kennecott did not include in its application a plan to deal with a steady influx of more than 300 gallons of water per minute, including operational methods, procedures to decrease the flow and contingency plans in case of such an event.
• Other informational deficiencies include soil planning, monitoring storage and cleaning areas, and plan for portal abandonment.
• The company has not adequately addressed impacts to spiritual and traditional uses of Eagle Rock by members of the Keweenaw Bay Indian Community.
The MDNR has not set a timeline for any future decisions, but has committed to ten days of public review and accepting comments on KEMC’s next submittal. Furthermore, the MDNR should not allow KEMC to begin mining activities before all necessary permits, including federal permits, are secured. The USEPA has determined that at least one permit under the Underground Injection Control (UIC) program is required for Kennecott’s treated water infiltration system (TWIS). The issuance of this permit has hardly begun to move forward, other than a letter of technical deficiency due from the EPA to Kennecott early this year.
On the legal scene, the Yellow Dog Watershed Preserve has joined the National Wildlife Federation, Huron Mountain Club and Keweenaw Bay Indian Community in filing two contested cases and a lawsuit against the MDEQ. After the permits were issued, the groups quickly exerted legal rights to prevent this operation from moving forward.
The groups and individuals who care about the rivers will continue to keep sulfide mining from becoming reality, just as they have for the past years. This community can come together and work toward a common vision of respecting the right of nature to remain intact.
While DNR staff continues to recommend that Humphries approve KEMC’s surface use lease request, you can reminder her that this policy decision is in her hands. Sacrificing public land as corporate welfare is not accetable to Michiganders. Please, write or call and urge her to protect our public lands for public use. Submit comments to:
Director Rebecca Humphries
Department of Natural Resources
Mason Building, 6th floor
P.O. Box 30028
Lansing, MI 48909
(517)335-4873
—Emily Whittaker

Editor’s Note: Whittaker is the program administrator for the Yellow Dog Watershed Preserve and is filling in for executive director Cynthia Pryor.

 


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