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Kennecott Eagle Project

February 29, 2008 project status update
The Department of Environmental Quality (DEQ) issued a Mining Permit, Air Use Permit, and Groundwater Discharge Permit to Kennecott Eagle Minerals Company (Kennecott) for the Eagle Project mine on December 14, 2007.  The National Wildlife Federation, Huron Mountain Club, Keweenaw Bay Indian Community, and Yellow Dog Watershed Preserve filed administrative appeals contesting the issuance of the Mining Permit and Groundwater Discharge Permit on December 21.  Kennecott has been granted intervener status in the contested case.  The case is scheduled to be heard by an administrative law judge beginning on April 28, 2008.  Under contested case procedures, the law judge hears the case and submits a proposal for decision to the DEQ Director, who then makes the final DEQ decision.  The four petitioners also filed a lawsuit in Ingham Circuit Court contesting issuance of the Air Use Permit. 

The Department of Natural Resources (DNR) issued a Surface Use Lease to Kennecott on February 7, granting use of a parcel of state land for surface facilities to be associated with the mine.  The same four petitioners also filed suit in Ingham Circuit Court challenging the DNR decision to grant the lease. 

Kennecott also submitted an application for an Underground Injection Control permit from the U.S. Environmental Protection Agency (USEPA) for its proposed disposal system for treated wastewater.  The USEPA has not indicated a timeframe for acting on the application. 

The DNR Surface Use Lease is not effective until final approval is granted for all other required permits, i.e., until such time as the USEPA grants a permit and any administrative appeals of the DEQ and USEPA permits are decided.  However, Kennecott has the right in the meantime to begin construction of some surface facilities on land the company owns. 

Kennecott has recently indicated it may propose to convert an existing mill at the old Humboldt mine near Champion (about 25 miles west of Marquette) to concentrate and process ore from the Eagle Project before it is transported to Ontario for smelting.  The mill would require a separate Mining Permit as well as a Surface Water Discharge Permit, an Air Use Permit, and an Inland Lakes and Streams Permit, and possibly other permits.  Kennecott has not yet submitted permit applications for the mill. 

Kennecott also recently reached an agreement with Alger Delta Cooperative Electric Association to provide electric power to the Eagle Project.  This alternative would involve an upgrade of the service to the Big Bay area, including a new substation, and a temporary underground line to the mine.  Kennecott would maintain its original plans for diesel-fueled generators, but they would be for backup use only.

D ecember 14, 2007 - The Department of Environmental Quality has announced its decision to approve a series of permits to the Kennecott Eagle Minerals Company to conduct mining operations at the proposed Eagle Project Mine near Marquette.  The department's decision follows a period of extensive review by the DEQ of public comments and supporting information to determine whether Kennecott's proposal met the strict standards contained within Michigan's air quality, groundwater, and mining laws.  The DEQ is required to make its decision based solely on whether a proposal meets those standards.

Press Release  

Part 632 Mining Permit  
   - Permit Revisions  
   - Final Review by Dr. Wilson Blake

Air Quality Permit to Install  
   - Permit Revisions

Groundwater Discharge Permit 
   - Permit Revisions

Response to Public Comments


The public comment period is now closed. The DEQ is currently reviewing all of the information it has received and will announce a final decision on the project in December.

General note:
Telephone conversations and other verbal comments are not recorded or transcribed.  For this reason they cannot be included in the review process.

Comments transcribed from public hearings, written comments submitted at public hearings and written communications (sent via postal service mail or electronic mail) that are submitted as public comments are subject to FOIA regulations.  

Tuesday August 7, 2007
The DEQ has revised the public hearing schedule to include a full day of hearings at Northern Michigan University.  Please see the
revised Hearing Notice  for details.

Monday August 6, 2007- The DEQ has added an evening session to the public hearing sessions on the Kennecott Eagle Project.

The updated public hearing notice  (revised) and the updated Part 632 Nonferrous Metallic Minerals Permit Conditions have been posted.

Updated Air Quality Permit documents 
Updated Groundwater Discharge Permit
Updated MDNR Metallic Mineral Lease 

Monday July 30, 2007 - The DEQ has resumed its review of the Eagle Project Mine permit application and reinstated its earlier proposed decision to approve a series of permits to the Kennecott Eagle Minerals Company. This decision remains only a proposal and the public will continue to have an opportunity to provide their comments. Public hearings have been scheduled in Marquette at the Don H. Bottum University Center on September 10, at the West Branch Community Center in Forsyth Township from September 11-13, as well as at the Lansing Center on September 19. The public comment period will remain open through October 17, and written comments can be sent to DEQ/DNR Kennecott Comments, Office of Geological Survey, P.O. Box 30256, Lansing, Michigan 48909-7756, or by e-mail at DEQ-Kennecott-comments@michigan.gov .

Public Hearing Notice for Kennecott Eagle Project  
Overview of Kennecott Eagle Project Hearing  
Proposed Decision to Grant Kennecott Eagle Project Permit Dated July 30 2007  

Monday July 2, 2007 -
Report from Dr. Wilson Blake  providing a detailed geotechnical review of the application for the Eagle Project Mine and looks at specific concerns regarding the safety of the mining project.

Tuesday May 15, 2007- The administration of the Eagle Project Mine permit application was suspended on March 1, 2007 and the DEQ's proposed decision to approve a permit for the Eagle Project Mine was withdrawn pending a thorough review of the facts and occurrences relating to the non-disclosure of reports concerning the structural integrity of the mine.  The review was conducted by an independent team headed by Dr. Donald L. Inman, president of EcoLogic, Ltd.  Other members of the team were Jean Stacey, an investigator with the Department of Human Services, and Jennie Daniel of DEQ's Office of Human Resources.  The report on the review, authored by Dr. Inman, is now available, along with a summary review by Ms. Stacey.  Ms. Stacey's full report is being maintained by the DEQ Office of Human Resources.  Dr. Inman's report, an appendix containing relevant background documents, and Ms. Stacey's summary review can be accessed by clicking on the links below. 
The DEQ intends to have an independent expert analyze all available geotechnical engineering data and information prior to making a decision concerning when the resumption of processing of the Eagle Project Mine application will take place.

Report from Dr. Donald Inman of EcoLogic Ltd  regarding the investigation into the Processing of the Kennecott Eagle Minerals Company Eagle Project Mine Application. 
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.
Appendix to EcoLogic Report  (16 MB)

Monday March 19, 2007 - 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.

Friday March 1, 2007 - The DEQ is withdrawing its proposed decision to approve a permit for the proposed Eagle Project Mine.  This action was taken after discovering that two reports on the structural integrity of the mine, by one of the DEQ's contractors on the Mining Team, were not properly made available for public review.  The reports are:

Technical Report - Crown Pillar Subsidence and Hydrologic Stability Assessment for the Proposed Eagle Mine

Technical Memorandum dated May 22, 2006 from David Sainsbury, Itasca Consulting Group, Inc.

The DEQ is also postponing the public hearings, scheduled for March 6-8 in Marquette and March 12 in Lansing, on the proposed decision.  The hearings will be rescheduled at a later date.  Please see the attached Press Release  on this issue.

Friday February 23, 2007 - The DEQ has drafted the
General and Special Permit Conditions , which would govern the activities and operations of the applicant and which would be incorporated into a permit, should a final decision to issue a permit be made.

Part 632 does not require the DEQ to make a draft of the Mining Permit or any Permit Conditions available for review prior to the public hearing on the proposed decision.   However, the DEQ 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.

Friday February 16, 2007   - DEQ to Hold Lansing Hearing on Proposed Kennecott Mine

The Department of Environmental Quality announced today 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. The Lansing hearing will be held March 12 at the Lansing Center from 1:00 p.m. to 4:30 p.m. and 6:00 p.m. to 9:00 p.m.

About the  Lansing Center  :  333 E. Michigan. Avenue, Lansing MI 48933. Phone (517) 483-7400. 

Monday February 05, 2007 -DEQ Draft Air Quality Permit Documents:  1)
50-06 Draft Permit Conditions ,  2) 50-06 Fact Sheet ,  3) 50-06 Notice of Hearing and 4) 50-06 the Overarching Document .

Written comments should be sent to: Steven E. Wilson, Kennecott Eagle Project, Office of Geological Survey, P. O. Box 30256, Lansing, MI 48909-7756 - or by e-mail to - DEQ-Kennecott-comments@michigan.gov .   All statements received by 5:00 pm, Thursday, April 5, 2007, will be considered by the Department prior to final action.

Tuesday, January 9, 2007- The DEQ has completed 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. The DEQ 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. This is not the final decision. 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, the DEQ will hold a public hearing in March 2007, in the Marquettearea. This will be a consolidated public hearing which will be an opportunity for residents to present new information or additional concerns about the;
   1) DEQ Air Use Permit,
   2) DEQ draft Groundwater Discharge Permit and
   3) DEQ proposed decision to grant the Mining Permit,
   4) DNR draft Surface Lease and
   5) DNR draft Reclamation Plan.

In addition to the public hearing, written public comments will be accepted for 28 days after 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 the DEQ to require additional information from Kennecott. Final decisions on the groundwater discharge and air use permits, and on the DNR surface lease and reclamation plan, will also be made after input from the hearing and public comments.

Read the Proposed Decision Document

Read the DEQ Press Release regarding the Proposed Decision

Tuesday, November 14, 2006 - DEQ extends deadline for proposed decision and provides for public comment on additional information submitted by Kennecott on October 27, 2006. Please see  Kennecott Permit Review Update , November 14, 2006

Friday, October 27, 2006 - Waiver of permit processing time  by Kennecott - DEQ receives information in reply to the June 21, 2006 request for additional information .  Court rulings precluded the DEQ processing or review of the information prior to October 27.

Wednesday, June 21, 2006 -  Letter to Applicant requesting additional information   and  Compilation of comments and responses .

Monday, April 25, 2006 - The OGS has requested, received and posted on the web  Technical Memorandum 04 25 2006    which includes:  1) a Clarification of the RMR Classification System and  2) Eagle Crown and Pillar Discussion.

Tuesday, April 18, 2006 - Public meeting to discuss proposed Kennecott Eagle Project Permit Application was held.  Written public comments will be accepted until the close of business on Tuesday, May 16, 2006.  Please address letters to: Michigan Department of Environmental Quality, Office of Geological Survey, 525 W. Allegan, P. O. Box 30256 Lansing, MI 48909-7756  Alternatively, forward email comments to: DEQ-Kennecott-comments@michigan.gov

Friday, March 17, 2006 - Public Meetings on the Kennecott Eagle Project Permit Application are set for Tuesday April 18, 2006, at Northern Michigan University, Marquette, second floor of the University Center, Michigan & Huron rooms.

Friday, March 10, 2006 - The DEQ has reviewed the information in the application for a mining permit for the Eagle Project and determined that the information is sufficient to make the application administratively complete.  More information   The DEQ will proceed with reviewing the application as to adequacy and accuracy.

Wednesday, March 8, 2006 - After a review of the Kennecott Eagle Project Part 632 Permit Application, 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 is tolled until the requested material is provided.

Monday, February 27, 2006 - Part 632, Nonferrous Metallic Mineral Mining, Permit Application files  for the Eagle mine are on line. The Permit Application page has been revised and the Groundwater Discharge Permit has been added.

Thursday, February 23, 2006 - Part 632, Nonferrous Metallic Mineral Mining, Permit Application files for the Eagle mine are on line. These files, and the associated documents, have NOT been designated Administratively Complete. These files will be updated as the DEQ review continues.

Wednesday, February 22, 2006 - The Michigan Department of Environmental Quality, Office of Geological Survey, has received a Part 632, Nonferrous Metallic Mineral Mining, Permit Application, form the Kennecott Exploration Company, for the Eagle mine.

 

The following is a list of locations where people can review the permit application.  It is suggested that you call to make sure the files will be available.
1.  Peter White Library, 217 N Front Street, Marquette, MI  49855, Contact the Resource Desk, 906 228-9510
2.  Michigamme Township Hall, 202 W Main, Michigamme Township, MI  49861, Contact John Olsen, 906 323-6608
3.  Powell Township Hall, County Road 550, Big Bay, MI  49808, Contact Township Clerk, 906 345-9345
4.  Michigan DEQ, Upper Peninsula District Office, 420 5th Street, Gwinn, MI  49841, Contact Tina Mitchell, 906 346-8520

Meet the Application Review Team.  A team of specialists will evaluate the Permit Application submitted for the Eagle Mine. Each team member will review the application with emphasis on their area of expertise.

Description of the Part 632 Permit Application Review Process .
For more details please see the
Part 632 , statute and rules.

Some links with additional information that may be of interest:
Nonferrous Metallic Mineral Mining, Part 632 (PDF) (54 KB)
Mine Reclamation, Part 631 (PDF) (180 KB)

DEQ Home Page
DEQ Events Calendar
DEQ Air Quality Division
DEQ Water Bureau
DEQ Office of Geological Survey

DNR Home Page
DNR Minerals Lease
DNR Business Calendar

 

Files in Adobe PDF format use the free Acrobat Reader .

 



Related Documents
Eagle Project Hearing Notice - 23631 bytes PDF icon
Eagle Project Part 632 Permit Conditions - 361733 bytes PDF icon
Eagle Project Permit Conditions - 361733 bytes PDF icon
Eagle Project Public Hearing Notice August 07 2007 - 23641 bytes PDF icon
Hearing notice for Kennecot Eagle Project 09 2007 - 23060 bytes PDF icon
Overarching document for KEP - 16000 bytes PDF icon
Overarching document for Kennecot Eagle Project hearing 09 2007 - 18105 bytes PDF icon
Proposed Decision to grant Kennecot Eagle Project permit dated july 30 2007 - 25793 bytes PDF icon
Proposed decision to grant mining bpermit for Kennecott Eagle Project - 18000 bytes PDF icon
Wilson Blake Report for Kennecott Eagle Project - 44000 bytes PDF icon
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