Wiggle Worm: How Kennecott Got Off-the-Hook
Marquette County, Michigan - New information has surfaced suggesting that the Michigan Department of Environmental Quality (DEQ) assisted Kennecott-Rio Tinto by forgoing proper procedure in allowing the company to reconstruct a road crossing in Fall of 2004. With Kennecott’s persistence, the DEQ approved an ill-designed plan to install a new culvert on the Triple A Road where a branch of the Salmon Trout River flows. Kennecott was contracting with Pete O’Dovero, of Associated Contractors, to rehabilitate the road crossing.
The Salmon Trout River houses the last remaining naturally-spawning population of native coaster brook trout on the south shore of Lake Superior. The coaster, a rare strain of brook trout, was once abundant in Lake Superior fisheries. Years of hard logging and soil erosion nearly sealed the fish’s fate by the early 20th century. Kennecott plans to construct a metallic sulfide mine underneath the unique river.
In early August 2004, Joan Duncan, from the DNR’s Geological and Land Management Division, contacted Department of Natural Resources (DNR) biologist George Madison with Kennecott’s plans in order to procure his expertise regarding issuance of a permit. Kennecott planned to begin constructing the new road crossing the last week in September.
“Due to the sensitivity of the Salmon Trout River, the coaster brook trout, and the large public audience,” Madison recommended maintaining a five-year sediment trap program, in order to prevent over 80 years of sediment from mobilizing and washing down the Salmon Trout, a concern of the DNR’s Fisheries Division.
According to Madison, “I spoke about this issue with Andrew Ware [Kennecott geologist] and the Kennecott folks may be willing to adopt this trap as a PR front.”
At an August 23 meeting, Kennecott representatives told the DEQ that the company decided not to construct the sediment trap. According to DEQ floodplain specialist, Sheila Meier, “Kennecott is not really interested in building it at this time both because of the exposure (it is going to look bad) and trying to figure out the need for it.”
George Madison wasn’t buying it. He appeared to be surprised with the sudden change in direction noting, “we had total agreement on what to do last week.”
According to Madison, Kennecott’s soil erosion information was “wrong” and there was “obvious sediment transport,” in the river, that “anybody should be able to recognize.”
Madison indicated that the DNR does not typically allow in-stream construction after August 15, “due to spawning coaster brook trout.” Madison warned, “to do this in September is a bad, bad, bad idea. For the minimal effort of a sediment trap, to mitigate public and biologic concerns, seems like a wise way to proceed.”
Madison cautioned, “We wouldn’t allow this on any other trout stream…and the Salmon Trout should have a higher standard to uphold.”
Meier sought a second opinion, from Kevin Swanson, field representative in the DNR’s Land and Water Management Division. Swanson said that he was “quite certain the material will not move as a result of the culvert replacement” and, “if Kennecott is willing” they could “reach a compromise by asking them to construct a smaller basin within reach of the backhoe.”
Meier told Madison that, while Kennecott’s planned culvert would match up on the downstream side, “I expect that they will have to do some work on the [upstream] side” in order to funnel the stream into the culvert.
Kennecott’s Manager of Environment and Governmental Affairs, Jon Cherry, indicated that the company was eager to begin construction and began to force the DEQ’s hand. Cherry wrote Meier, on September 10, informing her that Kennecott would begin installing a new culvert on September 21. Interestingly, the State had yet to issue a permit for the project or even reach agreement on whether the construction plan would be feasible or not. Cherry thanked Meier for her “assistance and cooperation on this matter.”
During a September 14 phone conversation, Meier was able to convince Madison to endorse the project, per Kennecott’s design, and to forgo his previous concerns. That same day, an elated Meier wrote Cherry: “Hi! I made one last attempt to work out my differences with George before going to the next level. Persistence paid off. I am going to go ahead and issue the permit, hopefully today, for the crossing.”
Kennecott did not have to install the sediment trap. This time, the illustrious fish lost.
Meier thanked Cherry “for being so patient” and indicated that she was “looking forward to a great project!.”
The road crossing, of course, failed in Spring 2005, releasing over 90 tons of sediment into the river. The coaster brook trout? The US Fish and Wildlife Service will decide, by April 2009, whether or not to list the fish on the endangered species list. A listing decision would throw a wrench in Rio Tinto and the DEQ’s plans to open the company’s metallic sulfide Eagle Mine River.
Maybe, with enough wriggling…?
Author's Note: DEQ floodplain specialist, Sheila Meier, is married to Kennecott-Rio Tinto's John Meier. John Meier formerly worked for Cleveland-Cliffs Iron Company and now assists Rio Tinto with permitting issues as a paid employee. He is currently assisting the company with the "South Road" haul project. The proposed road would connect the proposed Eagle Mine with the old Humboldt milling facility. The road would traverse the remote Michigamme Highlands and cross at least eight rivers or streams.
