Environmental Impact Statement

Swamp Creek, within the mine project study area, exhibits a diversity of stream flow characteristics and aquatic habitat conditions.

According to the state mining law, the Wisconsin Department of Natural Resources is required to prepare an environmental impact statement (EIS) for all metallic mining projects. The environmental impact statement discusses the extent of short-term and long-term environmental impacts on air quality, surface waters, groundwater, animal and plant life, as well as social and economic systems. Included are secondary effects to potentially scarce resources such as historical or cultural resources, scenic and recreational resources, threatened or endangered species, or ecologically sensitive areas. Other issues such as the cumulative effects of repeated similar actions, the possibility of establishing a precedent or foreclosing future options, and the degree of uncertainty or risk in predicting impacts are discussed as appropriate. Project alternatives and mitigation measures to reduce anticipated adverse effects also are presented.

The EIS will be sub-divided into four primary sections:

1. description of the proposed project;
2. the affected environment;
3. environmental impacts from the proposed project; and
4. alternatives to the proposed project and their associated impacts.

It is important to distinguish between the environmental impact statement process and the Department's regulatory processes. The purpose of the EIS process is to disclose potential project impacts and alternatives. The EIS is not a justification or decision-making document. That is, the disclosure of potential adverse environmental effects does not necessarily mean that a proposed project will be denied a permit by the regulatory agencies or terminated by the applicant. The specific guidelines or standards used by each regulatory program to determine if an action is approvable is the basis for the permit decision.

Preparation

The Environmental Analysis and Liaison Section within DNR has responsibility for Department of Natural Resources' implementation of the Wisconsin Environmental Policy Act (WEPA), which was passed into law in the 1970s. WEPA requires that the state prepare an environmental impact statement (EIS) for nearly all state activities, including permit issuance, that can have a significant impact on the quality of the human environment. Furthermore, the state mining law specifies that an EIS must be prepared before the DNR can issue a mining permit for a metallic mining project.

In the case of a complex project like a metallic mineral mine, the Department's EIS project coordinator will rely upon Department staff and outside consultants in a wide range of specialties to assist with drafting the EIS by providing analysis of those facets of the proposed mining project that are within their scope of expertise. Nicolet Minerals Company must reimburse the state for costs associated with reviewing the permits and preparing the environmental impact statement, including costs for DNR consultants and Department staff time. These fees, which the company and its predecessor have paid on schedule, total more than $6 million to date. As the permitting process continues, the company will continue to be billed for these services.

Schedule

For purposes of establishing a schedule for completing the permitting process and environmental impact statement the DNR has identified an "X" date, which will be announced once the Department has received from the applicant all of the required studies, data and reports, and has verified that the submitted materials are adequate and complete. Beginning with this date, the following milestones and their approximate forecasted dates have been identified; however, it is important to mention that listed time frames for the length of the master hearing are only estimates, and the hearing schedule will largely be determined by the Hearing Examiner.