The Kennecott Eagle Story, FACT or FICTION? by Jack Parker

November 15th 2008

Every few weeks for the past couple of years Kennecott has served up a dose of pablum to the general public, letting us know how much they care and what a good job they are doing as they prepare a prosperous future for the local economy.

It is perhaps a sign of the times that nobody seems to mind when the facts are bent a bit – except for a few spirits living and crying out there in the wilderness – just as few folks objected strongly enough when we were talked into going to war and spending our way into bankruptcy. The “dumbing down” process has worked like a charm.

But people may be coming to their senses, and I, an innocent bystander, semi-retired, with sixty-odd years of mining experience, here and abroad, am led to shed some light on the Kennecott Eagle project and the propaganda to which we have been exposed.

In April 2006 I agreed to help the National Wildlife Federation to review the Kennecott application for a permit to mine – with a reservation that I would help with technical matters but wanted no part of politicking. I am not against mining; I believe that there are good orebodies on and around the Yellow Dog Plains; I believe that they should be mined – but, if they are to be mined then let it be done responsibly and not necessarily for instant gratification. Leave some resources in the ground for our children. They are, after all, worth more than money in the bank.

I have studied the application and related documents almost full-time since April 2006 (without pay after the first year) because I wanted to see the job done right. After a couple of weeks I had seen so many errors and omissions in the application that I recommended, verbally and in writing, that the document be “Returned to sender, collect, as inadequate”. I added that if a student had handed it to me I would have told him to take it home and do a better job, or flunk. Period! The application itself was not a responsible document. Further study only made it look worse. I have not changed my mind.

Later I learned that David Sainsbury, a respected consultant hired by the DEQ to review the mining aspects of the application, had expressed a similar opinion, stating, more discretely, that the methodology of the study and design work on which the application was founded was “Not considered to be defensible” – which my dictionary tells me means that it can not be supported by fact. No good. So his reports were suppressed. Following a protest the DEQ sponsored an internal “investigation” and mysteriously found that “No wrong had been done”. However, since they did not address his concerns but decided to ignore them – they are in fact still suppressed. The wrong has been done.

Further support came from the other world-renowned mining consultant hired by the DEQ, Wilson Blake. In answer to questions from Bruce Wallace, attorney, he told us, p.857 of transcript: I was probably the first to apply finite element analysis to mine design. After a few years I dropped it. On pages 861, 864 and 878 he used the “I don’t do” words, summing up on p878 thus: “I – as I say, I don’t do RMR’s (a building block for Kennecott design). I don’t do scale spans. I don’t do CP (crown pillar) analyses. I don’t do numerical modeling anymore.” In essence he prefers to go and take a look at situations …

Thus both of their hired mining experts decried the Kennecott approach to mine design – not defensible – should be returned to sender.

A very real concern is that nobody has made an independent evaluation of the application. Nobody but Kennecott had access to all or most of the original data. All were fed data which had already been interpreted and, in some cases, doctored, by Kennecott. Not one was independent, thus all are suspect and of no value.

Please be aware that the basic assumptions on which all of the analyses and designs were based are not valid, therefore the conclusions and recommendations are likewise not valid. Period! There’s nothing to quibble about. Throw it out!

Be aware too that nobody can give a reliable assessment of potential stability or instability of the mine, and the crown pillar in particular, without knowing the state of stress in the rocks there – and nobody does know the state of stress. Calculated safety factors and probabilities of failure are therefore worthless. They are actually worse than worthless because they offer a false sense of security to the unwary or uninformed.

These very basic concerns were made known to Kennecott and to Rio Tinto; to the MDNR and DEQ and to the courts, and to all “experts” involved in the project – but without exception they have been, to date, blithely ignored and the project has been pushed as if all was satisfactory.

I must presume that nobody else has applied enough time and effort to evaluate the application properly, responsibly, and can only conclude that those in authority and/or advocating permission to mine as planned do not know what they are talking about, or were misled and are mistaken, or are practicing deception to ensure and expedite permits, which is illegal and merits time in jail.

For me the matter was brought to a head by a recent newspaper headline that a judge had “Case dismissed against the Eagle project”. That, of course, was devious wording since it implies that the project could now go ahead. The decision was questionable too because Kennecott’s plan would result in air, ground and water pollution greater than the required standards. Results will be cumulative, and worse, if the size and life expectancy of the mine are increased.

Remember that this discussion pertains to the mine as planned in the Feb 2006 application – on which the permits were to be adjudged. Any changes will have to be reviewed before action is taken.

To save time and space I will now jump ahead to the last paragraph in that article (in both Mining Gazette and Mining Journal, mid-November 2008) in which the spokesman for Kennecott regurgitates his pablum.

I quote:

“KENNECOTT HAS ALWAYS BEEN COMMITTED TO BUILDING THIS MINE THE RIGHT WAY, USING THE BEST DESIGN, ENGINEERING AND PRACTICES AVAILABLE FOR ENSURING THE PROTECTION OF THE ENVIRONMENT WHERE EAGLE WILL BE LOCATED”, SAID JON CHERRY, EAGLE PROJECT GENERAL MANAGER.

Absolutely wrong on all counts.

We can, if necessary, repudiate the statement – itself a blatant deception – by documenting the shortcomings in the application – error by error, omission by omission, deception by deception. We have already done that for the authorities. It remains to be seen how they will handle the situation. It boils down to integrity.

Jack Parker
South Range MI 49963

Get Your Holiday Gifts

Holiday Offer! Limited supply!

  • Beautiful Thanksgiving table centerpieces, created by the gals at Garden Bouquet and Design, now located at 130 E. Baraga Avenue, are available for purchase through SWUP for $30. They’re fresh, colorful, and naturally accented with familiar local flora. Call our office to order, 228-4444.
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New Sulfide Mining Documentary Show Times and Locations

Mining Madness, Water Wars: The Great Lakes in the Balance
A Documentary Film on Sulfide Mining

“Mining Madness, Water Wars: The Great Lakes in the Balance” is a timely, compelling documentary that lays bare a controversial proposal to blast a mine beneath a blue ribbon trout stream in Michigan’s Upper Peninsula.

The 33-minute story is told through the passionate voices of scientists, community activists, tribal officials, and others who care about protecting our most precious asset water. Watch a short excerpt that focuses on one aspect of the controversy — the apparent disregard for Native American treaty rights.

Despite extensive scientific testimony that the project’s flaws could place workers in peril and jeopardize a Lake Superior tributary and its watershed, citizens and environmental organizations have found the state’s leadership unresponsive and now look to the justice system for resolution.

“Mining Madness, Water Wars: The Great Lakes in the Balance” was underwritten by the Charles Stewart Mott Foundation and produced by Brauer Productions, Inc. and Summit Public Relations Strategies, LLC.

[youtube]http://www.youtube.com/watch?v=NwFT1cuRyrY[/youtube]

“An easy tutorial on one of the most momentous environmental battles in Michigan history”
–Lawrence Cosentino
Lansing City Pulse

Holiday Tree Decorating

This year SWUP will participate in the annual holiday tree display at the Peter White Public Library. We will decorate a 4 foot holiday tree and would like your help. Please mail or drop off pictures of your favorite wild places in the UP to SWUP’s office. Please send all pictures by Tuesday, December 2. Pictures should be mailed to Save the Wild UP, PO Box 562 Marquette, MI 49855.

Governor’s UP Director Resigned to Work for Kennecott

Revolving Door:  Governor Granholm’s UP Director Takes Government Relations Job with Rio Tinto

By Gabriel Caplett

Marquette, MI – Matt Johnson, director of the Governor’s Office for the Upper Peninsula, has resigned from his post and now works for Rio Tinto, the parent company of Kennecott Minerals. The company has an office in Ishpeming, MI, and is seeking to develop a nickel-copper mine on the Yellow Dog Plains, in addition to other mineral projects in the area.

Johnson is now involved with government relations for the company. Prior to working in the Governor’s office, Johnson was Congressman Bart Stupak’s Upper Peninsula district administrator.

Johnson was the Governor’s contact on metallic sulfide mining in the UP, since 2003. According to Michigan Department of Environmental Quality (DEQ) documents, Johnson assisted in coordinating the Governor’s involvement in the formation of Michigan’s new nonferrous metallic mining laws and kept her informed on updates from the DEQ, the company and citizens. The DEQ’s deputy director provided Johnson with talking points for the Governor regarding contentious issues related to Kennecott’s project.

Speaking for the Governor in a 2005 visit to the Keweenaw Peninsula, Johnson said, “We believe that the mining laws, because they’re some of the strongest in the nation, will balance economic development and environmental protection.”

According to the Governor’s press secretary, Liz Boyd, Johnson’s “role was to facilitate communication . . . We’re disappointed to lose Matt. He was a great asset to the governor and to this office… we wish him the very best in his new role.”

Boyd reiterated the Governor’s stance on the DEQ’s approval of Kennecott’s mining plan, maintaining that “the Department of Environmental Quality handled this permit application appropriately and followed the letter of the law.”

In a recent contested case on the DEQ’s approval, Joe Maki, a geologist with the DEQ’s Office of Geological Survey and Mine Review Team leader for the review and recommended approval of Kennecott’s application, acknowledged that the DEQ did not apply a central tenet of Michigan’s metallic mining law in considering Kennecott’s application. Maki affirmed that neither he, nor his mining team, required Kennecott to provide a mine plan that “reasonably minimizes actual or potential adverse impacts on air, water and other natural resources,” a legal requirement.

Many local citizens have previously expressed a lack of confidence in the Governor’s oversight of the DEQ in approving Kennecott’s mining operation. Johnson’s new role as government lobbyist for the company raises serious doubt as to the Governor’s ability to maintain an ethical responsiveness regarding metallic sulfide and uranium mining proposals in the Upper Peninsula.

According to Kristi Mills, Director at Save the Wild UP, “Obviously this is a lucrative career opportunity for a young professional living in the Upper Peninsula. However, Mr. Johnson’s move is indicative of the questionable relationship between our state government and Rio Tinto. This mining company, along with the DEQ, has entered a partnership by forming a nonprofit corporation to further their new mining project plans. We have not seen the end of this type of arrogance and corruption coming from these two parties.”

Halloween Costume Contest with Raffle to benefit SWUP

When: Friday October 31st, 7:00 – midnight
Where: UpFront and Co.

Judging begins at 9:00pm. $3 entry fee (ages 18 and older)

Costume Categories:
Best movie Costume – Grand prize
Best Overall Costume – Cash Prize
Best Couple
Funniest
Scariest

Bring some extra cash for a snap shot of you and your friends taken by CK Unlimited. Presented by Third Street Video and CK Unlimited Photography.