Kennecott claims it needs no federal permit for UP mine

Kennecott Eagle Minerals Co. said this week that a modification to its wastewater management plan means that it no longer requires a permit from the U.S. Environmental Protection Agency and is free to begin construction of a controversial nickel sulfide mine northwest of Marquette, AP reports.

Kennecott notified EPA on Wednesday it was withdrawing its application for a permit for underground discharge of treated wastewater from the mine planned for rural Marquette County, spokeswoman Deb Muchmore said.

Previously, the company agreed it was legally required to get a permit because it planned to inject the treated water back into the groundwater through a network of soil-covered infiltration pipes.

Kennecott announced a new plan this month that calls for keeping the pipes on the surface and covering them with Styrofoam insulation and a liner. The treated water still would be pumped into the groundwater. But because the pipes no longer would be underground, the company’s legal advisers believe federal permission is unnecessary, Muchmore said.

EPA has not yet decided whether Kennecott can be excused from federal permitting.

Kennecott has received all necessary permits from the state, though opponents of the mine continue to appeal those permits in court.

Last week EPA objected to Kennecott’s plans for a mining road, saying that it would directly impact 27 acres of wetlands in the wilderness near the planned mine.