BABBITT — Yet another hurdle now stands in the way for the NewRange Copper Nickel mining proposal near Babbitt.
An administrative law judge is recommending the Minnesota Department of Natural Resources deny the “permit to mine” for the company formerly known as Polymet.
Judge James E. LaFave said the company’s solution for storing waste at the site by lining a tailings pond with bentonite clay is not a “practicable or workable reclamation technique.”
The clay applied to the basin of the holding pond would not ensure the waste is stored in a way to render it nonreactive, according to the order. The judge also said it would not permanently prevent water from moving through or over the tailings, as required by the state’s reactive waste rule.
The ruling is not binding and the DNR may choose to issue the permit despite the judge’s findings. But the recommendation is the latest setback for the NorthMet proposal, which has been in the works for nearly 20 years.
The Minnesota Supreme Court ruled in August that the Minnesota Pollution Control Agency must make additional considerations before issuing a water quality permit for the project.
And in a big blow, the U.S. Army Corps of Engineers revoked a federal wetlands permit based on the potential impact downstream on the Fond du Lac Band. The band has its own water quality regulations and the Corps said the permit did not guarantee compliance.
If the mine were to reach the point of operation, it would be the first copper-nickel-platinum mine in Minnesota.