1-4-11 by John Pepin, Mining Journal Staff Writer

MARQUETTE – Michigan Department of Natural Resources and Environment officials are refuting claims by Kennecott Eagle Minerals Company opponents that a recent public hearing included testimony from members of the public preferring the mine run on diesel generator power, rather than electricity from lines run to the mine by the Alger Delta Electric Cooperative.

The hearing was held as part of the process of the DNRE determining whether Kennecott’s change to its mining permit, to use electricity instead of electric generators as it had originally planned, constituted a significant change. After the hearing, the agency determined the change was not significant.

In a press release, DNRE officials said comments received focused primarily on the DNRE not requiring Kennecott to include the extension of power from Marquette County Road 550 to the vicinity of the mine site in their amendment application.

Others voiced concerns over the entire permit process for the mine. But according to the DNRE, no objections were received to Kennecott’s plan to use the Alger Delta electrical line versus diesel generators as their primary power source.

Gabriel Caplett of Skandia said he videotaped the meeting and there were several people who testified against the use of electricity. Hal Fitch, chief of the DNRE’s Office of Geological Survey, said he listened to the tape of the meeting and reaffirmed the agency’s position.

“Nobody said we would rather have two generators running 24-7 than electrical cable,” Fitch said. “Nobody objected to the cable in lieu of generators.”

Kennecott officials requested the amendment in November. The DNRE release said the original KEMC mining permit application called for power to the mine to be provided by two diesel generators. The new power source is electric lines run to the mine by the Alger Delta Electric Cooperative, funded by Kennecott, along Marquette County Road AAA.

Jack Parker, a mining engineer from Baltic who has been outspoken against the Kennecott project, said the company’s original permit application sought three generators, not two, as the DNRE suggests.

Fitch said the company’s permit requested three generators, but only two would be used. The third generator would be on the mine site as a backup. Fitch said a back-up generator will remain at the mine, even with electricity being used, in case of power failures.

DNRE officials said their decision followed the state’s nonferrous mining law, which requires Kennecott to request permit amendments for anticipated changes in its mining operation. Amendments must address potential impacts to the mine site and surrounding area from activities within the mining area.

Parker said: “permits must be denied simply because the power line ought not to be there. It should not have been extended from County Road 550 to a point at the site opposite the gatehouse.”

Parker said the DNRE was required to consider the whole operation for power line installation, both the point of departure and the destination. He said the DNRE only dealt with the destination at the mine.

“The presence is illegal. The contractor should be required to take up the cables and lay them again if or when permitted, under Part 632 of the law,” Parker said. “Injunctions may be appropriate.”

Michelle Halley, an attorney with the National Wildlife Federation, said the comparison of electric lines to diesel misses the mark. She agrees with Parker the lines should not have been extended to the mine without review.

“The real issue here is that the company had the lines run from (County Road) 550 to the edge of the site with no environmental assessment, no amendment to the permit – nothing,” Halley said. “So the hearing that discussed the extension of the power lines from the roadside to the fence line was a farce. I know plenty of people objected to the procedural joke this power line made of (mining law) Part 632’s requirements for public involvement.”

DNRE officials said the mining area at the Eagle Project mine lies within the fenced area where the mine surface facilities are being constructed. The mining area does not include the right of way where the electrical cable was run. Also, the electrical cable will serve other KEMC facilities, including a core shed building at the site, that are not subject to the mining permit, Fitch said.

John Pepin can be reached at 906-228-2500, ext. 206. His e-mail address is jpepin@miningjournal.net.