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Kennecott Eagle Minerals Company - Eagle Project
Site Location
Approximately 25 miles west of Marquette, Michigan (Upper Penninsula, Marquette County, Michigamme Township)
Proposed Site Diagram (JPG, 130KB)
Status of Underground Injection Control Program Decision
EPA is conducting a technical evaluation of the permit application and supporting documentation. EPA expects to issue a draft decision by Fall 2008.
Public Participation
EPA will hold an open house on October 22 at the Holiday Inn in Marquette. Sessions will be held from 9 to 11 am, 1 - 3 pm and 6 - 9 pm. For additional details, you can read the press release. If you would like us to notify you of those opportunities, please send an email to Ross Micham (micham.ross@epa.gov).
Contact Information
For permit-related questions:
Dr. Stephen Roy (roy.stephen@epa.gov)
312-886-6556 or 800-621-8431, ext. 66556
For general questions:
Ross Micham (micham.ross@epa.gov)
312-886-4237 or 800-621-8431, ext. 64237
- Presentation from EPA Open House, Oct. 22, 2008 (19 pp, 410KB)
- Frequently Asked Questions About Environmental Aspects of the Kennecott Eagle Mine Project PDF (4pp, 43KB)
- EPA holds open house on Kennecott Mine proposal (Press release)
- About the Project
- EPA's Role
- Other Key Federal Environmental Program Considerations
- State's Role
- Timeline of Events
- Public Participation
- General Overview of UIC Permitting Process
- UIC Permit Application
- Related Documents and Correspondence
About the Project
Kennecott proposes to begin a nickel and copper sulfide mining operation within the Yellow Dog Plains of northwestern Marquette County in the Upper Pennisula of Michigan. EPA notified Kennecott Eagle Minerals Company that it must obtain approval from the Underground Injection Control (UIC) Program before construction and operation of any underground disposal system at the mining site. EPA requires this approval under the Safe Drinking Water Act (SDWA) to protect underground sources of drinking water.
EPA's Role and Regulatory Responsibility Under the Safe Drinking Water Act
EPA's only direct regulatory role in the Eagle Project is the UIC Program requirements. This role is limited to regulation of systems that dispose of wastewater underground. Kennecott Eagle Minerals Company plans to use three types of disposal methods that EPA regulates.
- Sanitary Waste Disposal - Kennecott proposes to use a large-capacity septic system for underground disposal of treated sanitary waste. EPA has approved the company’s request.
- Industrial Waste Water Disposal - Kennecott proposes to use a treated-water infiltration system for underground disposal of up to 504,000 gallons per day of treated industrial process wastewater from mining operations. Based on the significant volume and the industrial nature of wastewater to be discharged, permit conditions are necessary to protect human health and the environment and to meet the requirements of the Safe Drinking Water Act and UIC regulations. Kennecott must also provide assurance to EPA that sufficient money has been set aside to properly close the system. EPA received a permit application for construction and operation of a 153,000-square-foot leachfield – similar to a septic system – for disposal of treated effluent from the mine’s onsite wastewater treatment plant. EPA expects to have a draft decision available for public comment by Fall 2008.
- Mine Backfill - Kennecott will need to place waste rock and concrete into mined-out areas, then pump in water to fill any remaining small empty spaces. This would be done in the future as parts of the mine are closed. EPA is reviewing this aspect of the mining operation to determine what the company must do to comply with UIC regulations.
Other Key Federal Environmental Program Considerations
National Environmental Protection Act (NEPA): An Environmental Impact Statement under the NEPA is not required because provisions of the Safe Drinking Water Act accomplish the same purpose.
Clean Air Act: MDEQ issued an air permit to Kennecott in December 2007 after a 78-day extended public comment period. EPA reviewed the permit, had several discussions with MDEQ about permit conditions, and had no formal comments.
National Historic Preservation Act (NHPA): The Keweenaw Bay Indian Community has stated that a feature near the mine known as Eagle Rock has been used for ceremonial purposes for generations. This feature may qualify as a “traditional cultural property" under the NHPA and regulations require EPA to seek input from all affected tribes and interested parties. If the NHPA is applicable, EPA will consider any possible adverse affect of a UIC permit on Eagle Rock.
Clean Water Act: MDEQ determined that there is no immediate connection between the water discharged underground at the site and local surface water. Therefore, MDEQ did not require the company to apply for a surface water discharge permit. EPA evaluated this decision and concurred.
Endangered Species Act: U.S. Fish & Wildlife Service informed EPA that there may be federally listed species or critical habitat in or near the site of the proposed UIC-regulated facility. The Endangered Species Act requires the UIC Program to determine whether the proposed UIC permit may affect a threatened species or its habitat and to consult with the U.S. Fish & Wildlife Service if such an effect is found.
EPA Indian Policies: EPA has been working directly with the Keweenaw Bay Indian Community and other affected tribes on how UIC program regulations apply to the Eagle Project. EPA has additional responsibilities when implementing environmental programs to work with tribal governments on those actions that may affect tribal lands and resources. The proposed mine is located within ceded territory under the Treaty of 1842. The Keweenaw Bay Indian Community is located 30-40 miles west of the proposed mine.
State's Role
The Michigan Department of Environmental Quality
has issued a mining permit, an air use permit, and a ground water discharge permit to Kennecott Eagle Minerals Company for the Eagle Project Mine. The Michigan Department of Natural Resources
has granted the company two land leases. Keweenaw Bay Indian Community, National Wildlife Federation, Huron Mountain Club, and Yellow Dog Watershed Preserve have filed legal challenges against the state approvals.
Timeline of Events
2008
Fall
- EPA expects to issue a draft decision on Kennecott's UIC permit application. (Public Hearing to follow)
July
- EPA requests additional details from Kennecott that are needed to complete the technical evaluation. Kennecott must respond on or before September 8, 2008.
February
- Grand Portage Band of Chippewa requests to be a consulting party on the project. (02/15/2008)
2007
December
- EPA meets with the Keweenaw Bay Indian Community officials. (12/13/2007)
November
- Lac Vieux Desert Band of Chippewa requests to be a consulting party on the project. (11/19/2007)
October
- EPA notifies other potentially affected tribes of NHPA issue and requests information about their connection to any traditional cultural property in the mine project footprint. (10/31/2007)
July
- U.S. Fish and Wildlife Services notifies EPA that their records do not indicate the presence of federally listed species or critical habitat in or near the proposed project. (07/10/2007)
- Keweenaw Bay Indian Community requests consultation related to “traditional cultural property” and NHPA issues.
May
- EPA determines that the UIC permit application is complete. (05/29/2007)
April
- EPA receives the requested UIC permit application. (04/27/2007)
- EPA approves the large capacity septic system for underground disposal of treated sanitary wastewater. (04/16/2007)
March
- EPA requires Kennecott to submit a UIC permit application for the treated industrial wastewater infiltration system. (03/22/2007)
February
- Kennecott provides information EPA requested about the septic system and the treated industrial wastewater infiltration system. (02/08/2007)
January
- EPA meets with Kennecott officials to discuss UIC requirements (01/16/2007).
2006
March
- EPA notified Kennecott of UIC requirements. (3/31/2006)
- EPA reviews state permit applications and determines that three disposal aspects of the project require UIC approval.
February
- State receives permit applications from Kennecott for Eagle Project.
Public Participation
Please send an email to Ross Micham; (micham.ross@epa.gov) if you would like to be added to our UIC program mailing list of interested parties.
General Overview of UIC Permitting Process
The flowchart below shows eight main steps that the underground injection control program follows to process a permit application from start to finish. The steps identified are: (1) receive the permit application, (2) conduct a completeness review and technical evaluation, (3) make a draft decision, (4) announce the draft decision and public comment period, (5) accept public input by mail and at public hearing, (6) prepare responses to public comments, (7) issue final decision and distribute responses to public comments, and, (8) if the final decision is appealed, process the appeal. EPA is at step two of this process.
You will need the free Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.
UIC Permit Application
EPA received Kennecott's UIC permit application on April 20, 2007. Kennecott submitted most of the same information they used to apply for their groundwater discharge permit from the Michigan Department of Environmental Quality. The table below shows the various documents submitted and their equivalents to the state application.