By JOHN PEPIN, Journal Munising Bureau
POSTED: July 1, 2008
MARQUETTE – Parties involved in an ongoing contested case hearing over permits issued to the Kennecott Eagle Minerals Company said the proceedings will likely continue for at least two more weeks.
Administrative Law Judge Richard Patterson is presiding over the hearing, which began on April 28 and was expected to close by Monday.
The hearing is considering a challenge to a DEQ decision last year to grant Kennecott permits for its nickel and copper mine planned for the Yellow Dog Plains.
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.
The hearing will probably conclude by mid-month, according to Kennecott officials.
Then, Patterson is expected to make his recommendation to Michigan Department of Environmental Quality Director Steve Chester, and the parties involved will have an opportunity to provide feedback before Chester makes a final decision in the case.
This week, scheduled testimony will be from witnesses discussing Kennecott’s groundwater discharge permit.
Eric Chatterson, a DEQ groundwater modeling expert, is expected to discuss the groundwater modeling research conducted to assess the projected impacts of the water discharge to the environment.
Bill Creal, a DEQ Permits Section chief, will primarily focus on the section’s process, expertise and capabilities relative to the groundwater discharge permit processing.
Sarah LaSage, of the DEQ’s Surface Water Quality Division, will testify on the DEQ’s review of the groundwater discharge approach as it relates to ensuring the protection of area surface water bodies.
A recess is scheduled to begin Thursday and run through next week.
The hearing process is expected to wrap up the following week with several days of rebuttal witnesses for the petitioners. This will be followed by closing arguments by all parties, which will be in writing.
These “Proposed Findings of Fact and Conclusions of Law” submitted to Patterson will outline the legal basis for the arguments presented by each side.
After Patterson receives those last briefings, he is expected to make a written recommendation to Chester, who will then make the final DEQ decision.
All parties have a right to appeal the decision to the Ingham County Circuit Court.
Kennecott is not allowed to begin work on its mine until the contested case hearing has been decided and the company receives a permit from the U.S. Environmental Protection Agency.
Company officials said they remain hopeful they will prevail, the permit will be granted and they will be able to begin work on the project this year.
Opponents said they hope the outcome of the contested case hearing or the federal permitting process will result in their favor, blocking the mine project.