July 10, 2008 Mr. Tom Harrell RE: Kennecott Eagle Minerals Company Electric Service Dear Mr. Harrell, As we discussed at our meeting with the Marquette County Road Commission and other interested parties, it is important for Alger Delta to recognize the legal issues regarding the upgrade of existing service along CR 550 and the extension of existing services with the installation of new service along CR 510 and CR AAA to the Kennecott Eagle Mineral Company (KEMC) proposed mine site on the Yellow Dog Plains. As we discussed, the following of Non-Ferrous Metallic Mine permit statute (commonly known as Part 632) pertain to this project: R 425.103(a) the definition of ‘mining activity’ includes (iv) Beneficiation; (x) Construction of haul roads; and (xi) Construction of utilities or extension of existing utilities. 1. Ongoing Contested Case proceedings with the State of Michigan regarding the mining permit, It is the opinion of our organization and of our attorneys, that Kennecott’s current mining application and the subsequent permit issued, do not permit for the work Kennecott has contracted with Alger Delta in the extension of power to the proposed mine site. The current mining permit stipulates the use of diesel generators at the site, not electrical service provided by a utility. Subsequently, KEMC has not submitted an amendment request to the DEQ changing the existing permit as required by the statute and rules of the Non-Ferrous Metallic Mine permit process (commonly known as Part 632). Under these rules the following language applies as taken directly from the Part 632 rules: R 425.206 Amendment of permits. Rule 206. (1) A mining permit may be amended at any time to address changes in the mining operation, natural or humanmade conditions, or technology, or to correct an oversight. An application for amendment of a mining permit shall be submitted on a form prescribed by the department, signed by the permittee or an authorized representative of the permittee. The application shall include revisions of any of the following that are affected by the changes: (a) The environmental impact assessment. Under this rule, an amendment to the current permit is necessary in order for the work Alger Delta plans to be legal under Part 632. It is our opinion that Alger Delta would be working as an agent to KEMC and therefore, may be responsible for violations of this law. At this time, we urge Alger Delta to rethink their planned work to the upgrade and extension of services for Kennecott Minerals until the following conditions are met: 1) the mining permit is final, (2) the conditions of the state lease are met allowing KEMC to begin working on the mine and (3) Kennecott addresses the necessity of amending their mining permit. Until these conditions are all accomplished, any work performed by Alger Delta to extend existing service or to install new service on CR 550, CR 510 and the CR AAA roads to service Kennecott Minerals – will be in direct violation of the Part 632 statute and rules. If you would like to discuss further, please contact me at 906 360-2414. Sincerely, Cynthia Pryor cc: Mr. Jon Cherry – Kennecott Eagle Minerals Company |
As a concerned citizen and property owner/taxpayer (since the 1930’s) in Powell Township and Marquette County, Michigan, I am troubled and disgusted in regard to both Alger Delta Electric and Rio Tinto/Kennecott’s “cavalier attitude” as regards a “preface” of their several preparatory, new, mining worksite infrastructure operations prior to any needed Michigan State DNR and DEQ permits, as well as the US EPA’s Region 5 office’s final permits–to begin any potential metallic sulfide mining operations in Marquette and Baraga Counties.
Any new roads, electrical lines, and other new infrastructure-creating operations (which also affect the bordering private properties, access, public roadways and watersheds), seems to indicate a “done deal” for these corporations and a complete disregard to the present laws, public lands, crucial information, documents and public meetings that are needed prior to any such actions. This is not a “done deal”.
We are not slaves to foreign corporations who intend to take our valuable minerals and also use and potentially pollute our clean water resources and wartersheds. And also use (and damage) the present and publicly owned infrastructure (such as County Road 550 and its easements) to further their selfish corporate goals of mega-profits. With their lack of present responsibility for transparency to the public of their full intentions and by also ignoring the timetable for public input and the legal permit process, they again show their arrogance and disregard for the public’s rights to be heard and recognized in this important matter.
thank you Douglas Scott Treado for putting into words what many many of us in Marquette County are thinking.