Mine hearing continues
By JOHN PEPIN, Journal Munising BureauMARQUETTE — After today’s three scheduled environmental witnesses, testimony in a downstate contested case hearing is expected to shift to witnesses for the Kennecott Eagle Minerals Company and the Michigan Department of Environmental Quality.
The hearing, which is entering its third week of testimony in Lansing, is considering a challenge to a DEQ decision to grant Kennecott permits for its nickel and copper mine in northern Marquette County.
The National Wildlife Federation, Huron Mountain Club, Yellow Dog Watershed Preserve and Keweenaw Bay Indian Community are challenging the DEQ issuance of those mining and groundwater permits.
“At the conclusion of week two, we feel very confident about our case,” said Michelle Halley, an attorney with the National Wildlife Federation. “We’ve demonstrated that there will be a lot of pollutants that Kennecott has not considered and they will spread beyond the boundaries predicted by Kennecott.”
Friday’s testimony concluded with Mac Strand, a stream ecologist. Strand testified about the potential impacts to stream ecosystems, including fish and insects.
“Dr. Strand testified about potential impacts to the whole aquatic system of the Salmon Trout River,” Halley said. “He said the Yellow Dog River would be in a vulnerable position as well.”
Jon Cherry, general manager of the Eagle Project, said since the inception of the proposed mining project, “Kennecott has prepared for the building, operation and reclamation of the mine using the highest standards and most advanced technologies available for mineral resource development in the world today.”
“In seeking permits from the state of Michigan for the Eagle project, Kennecott demonstrated that the proposed design met or exceeded stringent standards established in the new state law and regulations,” Cherry said.
Witnesses scheduled to testify today for the plaintiffs include Glen Miller, who will discuss the purported inability of the mine’s proposed wastewater treatment plant to handle the quality or quantity of water going into it.
Miller will be followed by Alex Lindsay who will address the impact on birds and Dr. John Ejnik, an environmental chemist.
One final witness for the plaintiffs is expected to testify Wednesday because of a scheduling conflict. John Coleman will take the stand. His expertise is stormwater management.
The contested case hearing is expected to take another two weeks to complete. Administrative Law Judge Richard A. Patterson is presiding.
After the petitioner witnesses are finished testifying, witnesses for Kennecott and the DEQ will be called to the stand.
The hearing is important because Kennecott cannot begin work on the Eagle Project until the contested case is settled.
Patterson will make a recommendation to DEQ Director Steve Chester who is the final decision maker. Chester can affirm the permits, change the permits or totally deny them.
State law requires a decision by the end of June. Afterward, the case could be appealed by either side to Ingham County Circuit Court.
