Kennecott Mine Claims It Doesn’t Need EPA Permit

Here:

MARQUETTE COUNTY — According to Kennecott Minerals, construction for the Eagle Mining Project might start within the next few months.

With modifictions to their water infiltration system, company officials now claim they don’t need a permit from the Environmental Protection Agency, but not everyone agrees.

One major obstacle stood in the way of constructing the controversial nickel and copper mine in Marquette county: its underground water discharge system. The system required a permit from the epa- but kennecott says moving the system above ground has changed everything.

“The EPA regulates wells that are sub-surface, that inject water back into the ground,” said Kennecott representative Matt Johnson. “This new design builds our infiltration system above surface, covered with synthetic materials and it obviates a need for an epa permit.”

Since their above-ground system doesn’t require an underground injection control permit from the EPA, Kennecott withdrew their application for one.

“What this changes for the Eagle project is the fact that now we can certify that we have all permits necessary to begin construction,” said Johnson. “We have sent a letter to the state of Michigan certifying that we have all permits necessary to start construction of the mine and the state has agreed and sent a letter back to Kennecott letting us know that it’s okay to move forward with the project.”

Although Kenecott says that they have state permission to begin construction of their mine, the national wildlife federation says that they’re jumping the gun and they could seek preliminary injunction

“Their belief that they don’t need any UIC permits stems from a recent modification to their treated water infiltration system plan,” said National Wildlife Federation attorney Michelle Halley. “However, the EPA has not made that determination and there are other things that trigger the need for UIC permits other than is there dirt on top of the pipes- that’s a very elementary and simplistic view of what triggers the need for a permit.”

Still, Kenecott officials say they have all the permits they need. They’ve now begun the search to hire contractors