LAKE COUNTY— The Department of Natural Resources has announced that it won’t require Northshore Mining to conduct an environmental impact statement, or EIS, for its proposal to extend two tailings basin dams and relocate a rail line at its Milepost 7 tailings facility near Silver Bay. The tailings basin is utilized to dispose of waste tailings from the processing of taconite mined at the Peter Mitchell pit near Babbitt and processed at the company’s Silver Bay facility. The project also includes some mitigation efforts at several adjacent trout streams. The tailings basin was built in the 1970s and has been in operation ever since.
The company’s proposal generated considerable public interest one year ago during public comment on the DNR’s environmental assessment worksheet, a preliminary review designed to determine whether a fuller EIS is needed.
“More than 1,300 individuals provided comments on the EAW, according to the DNR. Comments were submitted on many aspects of the project, including whether the project would be an expansion of the Mile Post 7 tailings basin and the safety of the tailings basin dams.
The DNR, however, concluded that the project does not entail an expansion. “Because the project proposes to use the remaining capacity of the tailings basin studied in the original (1970s-era) EIS for the facility, and subsequently authorized by applicable permits, the DNR does not consider the project to be an expansion of the Mile Post 7 tailings basin, wrote the agency in a press statement accompanying the record of decision.
As to dam safety, the DNR stated that “dams are subject to extensive regulatory oversight pursuant to the DNR’s Master Permit, issued by the agency pursuant to a decision by the Minnesota Supreme Court in 1977.”
DNR officials say they have enough information to make a sound decision. “We appreciate the public’s comments on the proposed project and their perspectives on the history and regulation of the Mile Post 7 tailings basin,” said DNR Assistant Commissioner Jess Richards. “Our review confirms that potential environmental impacts from the proposed project match those studied in prior environmental review or are subject to robust ongoing regulatory oversight. Importantly, the Mile Post 7 tailings dams are some of the most closely regulated dams in the state, meeting all applicable factors of safety and state dam safety laws.”
Critics expressed displeasure at the decision. “I am disappointed but not surprised,” said Paula Maccabee, chief legal counsel for Water Legacy, which filed extensive comments during the EAW process. “It seems they don’t want to do environmental review, which is a way of avoiding accountability,” Maccabee added, noting that the dams in question were not subject to permitting at the time of their construction.
Next steps
The completion of environmental review means that state and local authorities can now make final permitting decisions regarding the proposed project. The EAW and Record of Decision document the numerous permits that would be required prior to any construction, or are already in place, that regulate the facility and ensure environmental protection and public safety going forward.
The DNR released the EAW on the proposed project in April 2023. The Record of Decision documents the DNR’s thorough consideration of all information generated through the EAW process and includes responses to the comments from the public.
The EAW and Record of Decision are available online at mndnr.gov/input/environmentalreview/mile-post-7-tailings-basin-project.html).