Researchers are working to save the endangered Coaster Brook Trout
This video was shot during the reporting for “Vanishing Point,” a story in the March 2009 issue of Traverse, Northern Michigan’s Magazine. The image below will link you to the video.
Tag Archives: Legal
DEQ Holds Hearing on Rio Tinto’s Humboldt Mill Project; Comments Focus on Jobs and Water Quality
by Gabriel Caplett
Humboldt, Michigan – While a blizzard raged in the eastern part of the county, about 100 citizens attended a Michigan Department of Environmental Quality (DEQ) hearing on a mining application for Kennecott-Rio Tinto’s proposed Humboldt Mill project. Comments were starkly divided between those citing perceived job creation as motivation for their support of the project and those concerned about the proposed Eagle Project and potential for water pollution and fugitive dust problems at the site.
The meeting contrasted sharply with hearings held on Rio Tinto’s proposed Eagle Project mine from 2006 to 2007. More than 400 attended one Eagle hearing, with over ninety-percent speaking in opposition to the project.
While not quite the inverse of the Eagle hearings—roughly sixty-percent of public comments were offered in support of the milling project and only about forty public comments were taken—the number in support greatly outnumbered detractors, partly due to the presence of mine company staff and generous amounts of heckling from much of the crowd.
To thunderous applause, one audience member disrupted Big Bay resident and Save the Wild UP (SWUP) director, Kristi Mill’s public comment. The man shouted that discussion of Rio Tinto’s Eagle Mine was “not relevant” to the Humboldt hearing. Moderator, James Collins, replied that Mills had time remaining for her comment and that discussion of Eagle was allowed because the two projects “are related”.
Mills had been questioning why the DEQ was using tax payer dollars to consider Rio Tinto’s Humboldt Mill application while the Eagle Project has been “deferred” indefinitely.
According to Marquette resident and part-time SWUP worker, Teresa Bertossi, “With numerous, unresolved issues revolving around approval of the Eagle Project and serious questions as to whether Rio Tinto will ever fully pursue the project at all, why the DEQ is even considering the Humboldt application at this time is baffling.”
Rio Tinto has had a rough few months.
The company has seen a dramatic reduction in its share value as metal prices have plummeted. Nickel, alone, has fallen from over $25 per pound roughly a year ago to less than $5 per pound today. Burdened with roughly $40 billion in debt, the company announced plans last week, to sell nearly one-fifth of the company to the Chinese government-run aluminum company, Chinalco, currently Rio Tinto’s largest shareholder. Kennecott is, currently, a wholly-owned subsidiary of London-based Rio Tinto.
Economy Main Issue at Hearing
A need for additional area employment and economic growth was, by far, the strongest theme during the hearing. Every comment in support of the project cited the need for more jobs without addressing the Humboldt application specifically. Although not a job creation agency, the DEQ was repeatedly urged to approve the project based on the potential for job creation and economic growth.
County commissioner Deb Pellow said that Rio Tinto’s project is “very important to the county’s overall economic diversification and well being.”
“DEQ: do your job and bring us these jobs,” urged Pellow.
Gerald Corkin, chairman of the Marquette County Board of Commissioners, said the mill project would “provide up to fifty to seventy full-time jobs [and] one-hundred to two-hundred construction jobs.”
“There’s the potential to have mining for another hundred years in the UP,” Corkin speculated.
Joe Derocha, Humboldt Township supervisor, said, “Mining was what raised us, brought us here today.”
“More businesses, more jobs, more people create more economic development,” said Derocha.
Tom Peterson, former Cleveland Cliffs Iron Company general manager and current president of Citizens for Responsible Mining offered his support for the project and represented the hearing’s only complaint coming from a Rio Tinto supporter.
“I did not want to see Kennecott do what they did down in Ladysmith at the Flambeau Mine and that is to high-grade a deposit and leave a lot of ore that could be mined,” said Peterson.
According to Jack Parker, former Rock Mechanics Director at the White Pine Mine, Rio Tinto has similar plans for the Eagle ore deposit. According to Parker, the company plans to leave much of the ore behind, taking only the richest available. Parker maintains that, since much of the ore is owned by the people of Michigan, mining only the high and mid-grades and leaving the rest is “not responsible mining”.
DEQ: “Mercury would likely be a major concern to the public” at Humboldt Mill
According to documents obtained through an open records request, the DEQ believes mercury discharges may be a serious issue at the mill site. Mercury is known to bioaccumulate in fish tissue and is considered a serious danger to public health. According to the DEQ, “There are no proven technologies to consistently achieve [a] low level…Mercury would likely be a major concern to the public and environmental groups.”
At the hearing, some local citizens expressed concerns regarding potential water contamination and fugitive dust control problems at the Humboldt Mill.
Robert Rivera, from Iron River, told the DEQ that he is opposed to Rio Tinto’s milling plans that could process ore currently being explored by Prime Meridian Resources, in Iron County, where he has lived most of his life.
“I grew up in a mining family, in a mining town a quarter of a mile from an abandoned and toxic mine site on the Iron River. It has been remediated and remediated again and it still leaches yellow boy,” said Rivera.
Ely Township resident and miner, Stephen Johnson, said that he lives along the Escanaba River. “Since the thirty years I’ve lived here I’ve seen the Middle Branch of the Escanaba deteriorate as a quality watershed,” Johnson said. “We used to have brook trout galore in it some thirty years ago and I’m not aware of anybody catching a brook trout down by my residency in the last fifteen years.”
Johnson commented on Callahan Mining’s Humboldt Mill application in the 1980s and said that he was “not really happy with the way, at that time, the DNR handled the situation. There were a lot of questions we asked that were never answered.”
“My major concern is here what is the DEQ going to do to ensure that the quality no longer deteriorates anymore and what are we doing to bring it back to the level that it was thirty years ago,” said Johnson.
Incomplete Application?
Only a handful of comments in opposition to Rio Tinto’s milling project highlighted concerns directly related to aspects of the company’s milling application.
Chuck Brumleve spoke on behalf of the Keweenaw Bay Indian Community and raised concerns regarding water inflow through bedrock surrounding the tailings pit. According to Brumleve, “the applicant seems to treat the pit as if it’s a sealed pool or container for sulfide tailings.”
“There is a whole body of current information by the Canadians and the [Environmental Protection Agency] that indicates surrounding rock considerations are the primary consideration in safe tailings disposal, which is not addressed by the applicant in this mining permit application,” said Brumleve.
Brumleve also addressed the need to clean-up existing mining contamination at White Pine, the Keweenaw Copper district and the Empire and Tilden mines before new mining projects are permitted.
Brumleve urged Rio Tinto supporters to “think of the next seven generations and not of your level of affluence here in today.”
Big Bay resident, Cynthia Pryor, raised concerns that construction plans for a protective berm were not included in the Humboldt application and that the plan lacks adequate contingency plans for such events as an “absolute berm failure”.
“It’s very difficult to give public comment on something that’s not included in the application,” said Pryor.
Defending the DEQ
Even the DEQ’s Office of Geological Survey Director, Hal Fitch, took his turn at the microphone to respond to this writer’s public comment on DEQ malfeasance regarding the handling of Rio Tinto’s Eagle Project application. Fitch also defended his role in forming a non-profit corporation with Kennecott and Bitterroot Resources while the Eagle Project application was under agency consideration.
The Northern Michigan Geologic Repository Association (NMGRA) was formed by the DEQ in 2007, with Fitch as president. Meetings were held in the DEQ’s Lansing office building and were attended by paid DEQ and DNR staff. Company representatives expressed an interest in utilizing federal and state grants to fund NMGRA projects.
In an October 2007 e-mail, Fitch acknowledged “that there would be a problem with a state agency forming a corporation” but “came up with an innovative way to address the problem: formation of a non-profit corporation that is not a part of any state agency, but in which OGS is a participating member.”
Hal Fitch resigned from the NMGRA’s board in Fall 2008.
At the Humboldt hearing, Fitch defended his actions: “To suggest that somehow I’m corrupt because I tried to organize a system where we could get the users to pay for something we’re mandated to do, I don’t think that’s very responsible.”
Fitch also defended the actions of DEQ employee Joe Maki, who testified under oath during a recent contested case hearing, that the DEQ did not follow a key provision in Michigan’s new metallic mining law:
“The applicant has the burden of establishing that the terms and conditions set forth in the permit application, mining, reclamation and environmental protection plan and environmental assessment will result in a mining operation that reasonably minimizes actual or potential adverse impacts on air, water and other natural resources and meets the requirements of this act.”
When questioned by a National Wildlife Federation attorney if either he or “the mining team” applied this key section of the new law to their analysis of the Eagle Project application, Maki responded, “I did not, no.”
At the Humboldt hearing, Fitch disagreed, saying, “Joe Maki did not say that we did not, that we disobeyed the law in processing the permit,” said Fitch.
Fitch was presented with a copy of Maki’s court transcript.
Rio Tinto is proposing to produce both nickel and copper concentrates at the Humboldt Mill that would “most likely” be shipped via rail to smelters in Canada. The waste material, containing heavy metals and acid-generating material, would be deposited underwater at the mill site, on top of Callahan’s tailings. The company plans to discharge treated wastewater into wetlands that feed into the middle branch of the Escanaba River.
According to the DEQ, the company must still apply for Air Use, Surface Water Discharge and Inland Lakes and Streams permits before the Humboldt Mill can be used again for mine processing. The DEQ expects to issue a proposed decision in “mid-April.” A new public hearing, addressing all of the required permits would follow.
Citizens are encouraged to send in written comments on the Humboldt Mill mining application. Comments are due to the DEQ by 5:00 pm on Wednesday, March 18.
Letters should be sent to:
Kennecott/Humboldt Mill Comments
DEQ Office of Geological Survey
PO Box 30256
Lansing, MI 48909
Or, by e-mail:
Deq-kennecott-humboldt-mill-comments@michigan.gov
Download and Read the Full Parker Files About the KEMC Permit
Below is a link to the full Jack Parker comments on the KEMC application. Click the link to see the technical details about how catastrophic the potential Eagle Project could be.
“Mining Madness, Water Wars” Documentary Showing January 22
Save the Wild UP will host a showing of the compelling documentary, “Mining Madness, Water Wars: The Great Lakes in the Balance” on Thursday evening, January 22 at Peter White Public Library.
Produced by the National Wildlife Federation, this 33 minute production lays bare the controversial proposal to blast a mine beneath a blue ribbon trout stream in Michigan’s Upper Peninsula.
A social gathering with refreshments will begin at 6:00 pm in the Community Room followed by a brief update on the sulfide mining issue at 6:30. The documentary showing will begin at 7:00. A question and answer session will follow. For more information, call Save the Wild UP at 228-4444
Event: Mining Heritage: Past, Present and Future
When: Saturday, Jan. 17, 2009, 10:30 a.m.-5:00 p.m Central Time, 11:30 a.m.-6:00 p.m. Eastern Time
Where: Patrick J. White Conference Room, West Iron District Library; 116 West Genessee; Iron River, MI 49915 (One block South of U.S.2, midtown); (906)265-2831
Contact person: Robert Rivera (906)265-3176
Concerned citizens of Iron County, with assistance from the Northwood Alliance, will hold a public forum, “Mining Heritage: Past, Present and Future”, on January 17, from 10:30 a.m. to 5:00 p.m. at the West Iron District Library in Iron River, MI. A morning session, beginning at 10:30 and ending at noon, will examine the history of mining in Iron County. Two afternoon sessions, beginning at 1:00, will examine remediation efforts at the Dober and Buck mine sites on the Iron River and the prospects of new mining development and its future effects. The sessions will feature a short film by the National Wildlife Federation about the Eagle Rock project on the Yellow Dog Plains near Marquette, and local experts and citizens will report on various aspects of mining. Numerous governmental and corporate spokespersons have been invited to participate, as have representatives of regional groups opposed to new mining development. There will be musical interludes in late morning and mid-afternoon, as well as question-and-answer sessions following the afternoon presentations.
Iron County, Michigan, is part of a mining district extending across the Upper Peninsula, Northern Wisconsin and Northern Minnesota. Both the Iron and Mesaba Ranges have experienced intensive mining, deeply imprinting local culture and significantly affecting the environment. Most mining activity ceased forty or more years ago, but the heritage persists. Now, new mining exploration and development, including uranium exploration, are arising throughout the region. This movement, and techniques such as sulfide extraction, may bring to the area threats historically unseen with traditional methods of copper and iron ore mining. The allure of economic development has been confronted by those concerned with potential environmental damage and future economic costs from short-term gains.
For more information on this event, contact Robert Rivera at (906) 265-3176.
The Latest Issue of The Splash Now Available Online
“The Splash,” is now available. Check inside the Marquette Monthly during the month of January or click here to view the online version.
Sulfide Mining Documentary YouTube Clips and DVD Ordering
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.
Below are clips from the movie:
[youtube]http://www.youtube.com/watch?v=NwFT1cuRyrY[/youtube]
[youtube]http://www.youtube.com/watch?v=5t-TrOCibjk[/youtube]
[youtube]http://www.youtube.com/watch?v=0b3efzkGmZk[/youtube]
[youtube]http://www.youtube.com/watch?v=gheTH8ktXb4[/youtube]
[youtube]http://www.youtube.com/watch?v=xa2n3IfYsi8[/youtube]
Coaster Desision Delayed
The US Fish and Wildlife Service (USFWS) is postponing a decision on the listing of the coaster brook trout (Salvelinus fontinalis) as endangered, under the federal Endangered Species Act. The agency is expecting to reach a final decision by April 15, 2009.
In February, 2006, the Sierra Club and Huron Mountain Club (HMC) filed a joint petition with the USFWS to seek protection for the coaster, under the Endangered Species Act.
The USFWS cited the recent completion of a genetics study as the reason for the delay. Kim Scribner, professor at Michigan State University’s (MSU) Department of Fisheries and Wildlife, co-authored the study with other researchers from MSU and Michigan Technological University.
Jessica Hogrefe, biologist from the USFWS’s Division of Endangered Species, said that the new genetics information is “important to consider” and that preparing for a decision on the coaster is “a high priority.”
According to the Michigan Department of Natural Resources (DNR), Isle Royale National Park provides habitat for two, distinct, strains of coasters, Tobin Harbor and Siskiwit. The DNR raises and stocks these strains, as well as the Nipigon strain. Efforts have been made, recently, to reintroduce coasters into the Mosquito, Seven Mile and Hurricane Rivers at Pictured Rocks National Lakeshore. According to the DNR, the coasters, once abundant in Lake Superior tributaries and along the coast, faced a rapid decline as a result of overlogging in the 19th century, overfishing and introduction of the sea lamprey, in the 1950s. The introduction of non-native fish species, such as Pacific salmon also contributed to the decline.
Kennecott/Rio Tinto’s metallic sulfide mine project, on the Yellow Dog Plains, threatens the last remaining, naturally reproducing, population of coasters on the southern shore of Lake Superior. Coaster reproduction is dependent upon stable water temperatures produced by groundwater upwelling and is also affected by increased stream sedimentation. Fish populations are also affected by acid mine drainage and increased levels of toxic heavy metals. Kennecott plans to release 184,000,000 gallons of treated wastewater into groundwater adjacent to the Salmon Trout if it receives an Underground Injection Control permit (UIC) from the Environmental Protection Agency (EPA).
Kennecott has already contributed to soil erosion into the Salmon Trout River. In April 2005, a culvert that Kennecott designed and the Michigan Department of Environmental Quality approved, failed, dumping an estimated 98 tons of sediment into a branch of the Salmon Trout River.
Kennecott, and the Michigan Department of Environmental Quality, both neglected to consider the effects of blasting on the coaster population. As a result of fish studies showing the effects of detonating explosives nearby, Alaska now has laws protecting fish from the effects of underground blasting. According to the Alaska Department of Fish and Game, blasting “within, beneath or adjacent” to a “fish-bearing waterbody” can damage fish eggs and traumatize or kill fish, causing damage to scales and internal organs, primarily the swim bladder.
The Michigan Chapter of Trout Unlimited (MCTU) has, repeatedly, expressed concern for the coaster’s safety.
On April 10, 2007, Patrick Kochanny, MCTU Chairman, issued a press release stating that “Trout Unlimited and the Michigan Council strongly oppose this project, and believe that it is in the best interest of the State of Michigan and the Salmon Trout River to deny Kennecott’s application at this time….We are seriously concerned that analysis and review of the permit application may not have been conducted properly.”
Kochanny said this position was made at a March 30, 2007 meeting, following an extensive review of Kennecott’s mining application by “outside experts” and commented that “there is no room for error” when considering projected impacts to the Salmon-Trout River spawning grounds.
Hogrefe emphasized that the agency is still accepting information up until April 15 and the sooner they receive information, the better.
The USFWS has found itself involved in another facet of Kennecott/Rio Tinto’s mine plan. In September 2008, the agency requested the EPA to determine whether Kennecott’s mine plan would affect the endangered Kirtland’s warbler and the threatened Canada lynx. The EPA will also have to consider the threatened gray wolf. The USFWS noted that the warbler was found, near the mine project area, and that the region hosts habitat that could contain the Canada lynx. Because the EPA is mandated only to consider federal law in its actions it cannot consider potential impacts to the coaster until the species is listed under federal jurisdiction.
“The EPA was expected to issue a draft decision on Kennecott-Rio Tinto’s injection permit in December 2008. However, further information was required from the company, delaying a decision until at least late January 2009. If the coaster is listed, as endangered, following approval of the company’s permit, the EPA would have to reconsider its decision.”
Over 250 Attend Film Critical of DEQ and Kennecott in Marquette
Over 250 people attended a December 7 showing of the National Wildlife Federation’s (NWF) new film, “Mining Madness, Water Wars: The Great Lakes in the Balance.” The film was shown at Northern Michigan University.
The film focused on questionable behavior, at the Michigan Department of Environmental Quality, in permitting approval of Kennecott’s Eagle Mine application and featured members of the Keweenaw Bay Indian Community (KBIC), mining, geology and water quality experts, as well as UP State Senator, Mike Prusi.
Retired mining engineer and expert on local mine geology and rock mechanics, Jack Parker, attended the showing and participated in a panel that answered audience questions. According to Parker, because Kennecott’s plan is riddled with “errors and omissions” and looks like “an amateur had written the application,” the plan is “all bullshit” and the DEQ should “throw it out.”
Parker, who says he is adamantly “not against mining,” has over 60 years of mining experience and has worked on over 500 mining operations, including about ten years at the White Pine Mine.
According to Parker, Kennecott plans to leave much of the ore behind, taking only the richest available. Parker maintains that, since much of the ore is owned by the people of Michigan, mining only the high-grade and leaving the rest is “not responsible mining.”
The film focuses on the cover-up of a rock mechanics report highly critical of Kennecott’s mining operation. In March 2007, the DEQ was forced to withdraw proposed approval of the project when NWF pressed the agency for a report, commissioned by the DEQ, that criticized Kennecott for not using “industry best-practice” and maintained that the company’s conclusions were “not defensible.” The report noted the possibility that the roof of the mine could collapse, endangering workers and draining a branch of the Salmon Trout River.
In the initial report, reference was made to local mines, with similar geology, that have suddenly collapsed. This has occurred at the Athens Mine, west of Marquette. Subsequent versions of the report omitted any reference to case history that could affect permitting of Kennecott’s project.
Joe Maki, geologist with the DEQ’s Office of Geological Survey and Mine Team Coordinator for review of Kennecott’s application, acknowledged that he personally discarded the report, considering it “not useful” and “too technical.” Maki was absolved of wrong-doing through an investigation conducted by an unqualified former DNR employee who interviewed only DEQ employees for his assessment.
In the film, Senator Prusi said that Kennecott has not shown “good corporate stewardship” at some of its other operations and that he is “not fully confident” in the Michigan DEQ’s ability to monitor Kennecott’s activities effectively. Prusi acknowledged possessing little knowledge regarding the legal importance of Native American treaty rights.
KBIC member Pauline Spruce said that Kennecott’s plans to construct its mine portal at Eagle Rock, a culturally-significant site for area Native Americans, violates the Native American Freedom of Religion Act of 1979.
The film highlights communication from the DEQ’s Steve Wilson referring to Native American treaty rights as a “trump card” that could affect approval of the Eagle Mine.
According to NWF attorney, Michelle Halley, who hosted the event, at a recent contested case involving the DEQ’s mine project approval not one of Kennecott’s witnesses would personally guarantee the success of any portion of the mine.
Engineer Dr. Stanley Vitton, from Michigan Technological University, said that he was “shocked” when he discovered that companies can drill, without a permit, in nearly every part of the Western UP and cited Kennecott’s mine safety projections as inadequate. “Five percent [fail rate of the mine’s roof] is not acceptable.”
Parker compared Kennecott’s mine plan to a used car that looks decent, initially, but upon closer inspection has “doors that don’t fit,” “drips” and, when you kick the tire, “the wheel falls off.” According to Parker, Kennecott’s application is “deceptive, therefore illegal.”
Under Michigan’s new metallic mining laws, “A person who…intentionally makes a false statement, representation, or certification in an application for or form pertaining to a permit…is guilty of a felony and may be imprisoned for not more than 2 years.”
According to Halley and film co-producer, Angela Nebel, NWF plans to organize future showings of the film throughout the state. The film will be available on the NWF website.
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