Judge denies request to delay U.P. mining permit

By John Flesher AP Environmental Writer TRAVERSE CITY (AP) -- A judge Wednesday dealt another blow to opponents of a planned nickel and copper mine in Michigan's Upper Peninsula, refusing to delay initial underground blasting until their appeal of state permits for the project runs its course. Circuit Judge Paula Manderfield of Ingham County rejected a motion to delay implementation of a mining permit that the state Department of Environmental Quality issued to Kennecott Eagle Minerals Co. in 2007. Manderfield is considering opponents' appeal of the DEQ's decision and said she would issue a ruling in four to six weeks. The opposition wanted her to order Kennecott not to begin drilling the underground entry tunnel until she rules on the appeal. But following a two-hour hearing, she declined. "Kennecott appreciates the court's thoughtful consideration of the merits in this case," Kennecott president Adam Burley said. "While we are pleased that the ruling enables us to continue forward with productive progress and associated job creation, we remain sensitive to the concerns of others and will continue to seek opportunities for conversation." Kennecott Eagle, a subsidiary of the Anglo-Australian mining company Rio Tinto PLC, is targeting an underground ore deposit in northwestern Marquette County that is expected to yield up to 300 million pounds of nickel and about 200 million pounds of copper, plus smaller amounts of other metals. It would be the only U.S. mine where nickel is the primary target, not just a byproduct from extraction of other minerals. The groups fighting the mine are the National Wildlife Federation, the Huron Mountain Club, the Keweenaw Bay Indian Community and the Yellow Dog Watershed Preserve. They contend the mine would pollute groundwater and streams in the remote Yellow Dog Plains area of northwestern Marquette County. Kennecott Eagle promises to protect the environment and says the mine would create hundreds of jobs in the economically struggling region. Of particular concern to opponents is Eagle Rock, a 60-foot-high outcrop that the Keweenaw Bay tribe considers sacred ground. The mine entrance would be drilled into the base of the rock beneath the earth's surface. The company says it will leave the aboveground outcrop undisturbed and fenced off so tribal members can continue worshipping there, but that doesn't satisfy the tribe's objections. Manderfield's ruling Wednesday opens the way for Kennecott Eagle to begin blasting. The company has declined to say when it will start. A spokeswoman said drilling would begin "in the coming weeks." Michelle Halley, attorney for the National Wildlife Federation, said Manderfield didn't appear to consider Eagle Rock a place of worship and did not accept the opponents' warnings that the mine's rock ceiling is poorly designed and could collapse. "We're disappointed," Halley said. "We're considering our options and have not made any final decisions" about further appeals. Kennecott began clearing the site in 2010 and has largely completed its surface buildings. Production of nickel and copper is scheduled to begin in 2013. Published: Fri, Sep 16, 2011