From Michigan Messenger (h/t to A.K.) [DEQ press release here]:
Two days before the DEQceases to exist and a week after its director stepped down, DEQ moved to wrap up a long standing fight over permits for a planned nickel sulfide mine by concluding that only buildings may be considered “places of worship.”
A rock that is sacred toAnishnabe people need not be considered when issuing a mining permit because state law only recognizes buildings as places of worship, the Department of Environmental Quality announced Thursday.
This decision cleared the way for DEQ to finalize permits for a mine planned for public land on the Yellow Dog Plain northwest of Marquette.
The resolution comes at a time of great tumult for the department. Director Steven Chester resigned last week, and the department is slated to come under the leadership of DNR director Rebecca Humphries when it is rolled into the new Michigan Department of Natural Resources and Environment on Jan. 17.
For seven years the Kennecott Eagle Minerals Company, a subsidiary of London-based Rio Tinto, has been trying to develop the mine project. The company promised hundreds of construction and mining jobs but has faced opposition from groups that are concerned that acid drainage from the mine will damage the nearby Salmon Trout River and Lake Superior.
The National Wildlife Federation, Keweenaw Bay Indian Community, Yellow Dog Watershed Preserve, and the Huron Mountain Club together filed an administrative appeal of DEQ’s 2007 approval of mining and groundwater discharge permits for the mine.
Eagle Rock, photo courtesy Yellow Dog Summer
Over the course of more than a year the groups described numerous mine safety and environmental concerns. They also argued that the DEQ had failed to properly consider the impact of the mining on traditional Native American uses of the area, including the collection of medicinal plants and the use of Eagle Rock in religious ceremony.
On Aug.18 2009 DEQ Administrative Law Judge Richard A. Patterson recommended that the Kennecott permits “be allowed with the exception that provision be made to avoid direct impacts to Eagle Rock that may interfere with the religious practices there on.”
State mining law requires that “Residential dwellings, places of business, places of worship, schools, hospitals, government buildings, or other buildings used for human occupancy all or part of the year” be taken into account when permitting a mine.
“Kennecott and, as a consequence, DEQ, did not properly address that impact on the sacred rock outcrop known as Eagle Rock as a place covered by Part 632 Rules,“ Patterson wrote in his review of the case.
“…[T]he excavation and drilling in the immediate area of Eagle Rock and fencing it off will materially affect its use as a place of worship,“ he wrote. “This should in some manner be accommodated , and would best be done so by relocating the adit and access to the mine to a location that would not interfere with that function.”
On Nov. 6 2009 DEQ Director Chester remanded the case back to Patterson and asked that he expand on his discussion of the religious significance of Eagle Rock and DEQ’s responsibility for places of worship under state law.
Chester promised to issue a final decision on the permits after receiving the supplemental analysis from Judge Patterson.
Just two weeks ago the DEQ still expected to wait to decide on the permits until hearing from Patterson.
A Dec. 29 Marquette Mining Journal article on the potential effect of DEQ restructuring on permits for the Kennecott mine reported:
“[DEQ spokesman Bob McCann] said he had no indication when Patterson might provide the additional information so a final decision can be made on the contested case.”
In an interview Thursday afternoon McCann denied that the timing of the decision had anything to do with the impending restructuring of the department.
“We were hoping to have this done in December,” he said.
McCann said that DEQ senior policy advisor Frank Ruswick reviewed the documents filed and decided DEQ could issue a final order without a modified proposal from Judge Patterson.
“Michigan mining law references buildings that are places of worship,“ McCann said. “Eagle Rock doesn’t fit into that under Michigan mining law, therefore it doesn’t apply in this case.”
National Wildlife Fund attorney Michelle Halley decried DEQ’s move as “an effort to push this through before [Rebecca Humphries] becomes the director of the decision making body.”
Halley said that she finds it “totally illogical” that DEQ would request an opinion from an administrative law judge and then make a decision on the permits before receiving it, adding that her clients intend to appeal DEQ’s decision in circuit court.
Kennecott responded to DEQ’s final approval in statement saying that it plans to begin clearing the mine site and constructing a water treatment facility this year.
“Today’s decision by the State is great news for our project and a community and region that has been anticipating the job opportunities and economic contribution our project will trigger,” Rio Tinto / Kennecott Eagle Minerals General Manager Jon Cherry, said in the statement. “Permitting this project has been a very rigorous process that has enabled Kennecott to develop an exceptionally responsible design and approach to mining in the 21st Century in Michigan.”
Kennecott said that it aims to begin production of nickel and copper from the mine in 2013.
The Michigan Environmental Council called DEQ’s final approval “disappointing and inappropriate.”
“Strong Michigan laws were written specifically to protect Michigan’s waters, including the Great Lakes, from toxic byproducts this mining will create,” MEC Spokesman Hugh McDiarmid Jr. said in a statement. “It is unfortunate that the state has chosen not to fully enforce these laws in the permitting process.”
Turtle Talk 