Minnesota has a comprehensive set of mining laws and regulations established in the state’s Constitution, statutes, and administrative rules to govern the exploration, extraction, and management of mineral resources. All mining projects in Minnesota must obtain various permits or certifications from the DNR (in addition to several other permits from the Minnesota Pollution Control Agency (MPCA), local governments, and typically the federal government) in order to operate.
Below are all DNR-issued permits required for the NorthMet Project as proposed in 2018. Due to the recently proposed changes to the NorthMet Project, NewRange may be required to obtain new or amended permits and other approvals from state, federal and local agencies before construction and operation could proceed. Final decisions about any required state or local permits cannot be made until the SEIS is deemed adequate.
- Permit to Mine
- On Nov. 1, 2018, the DNR issued the permit to mine (PTM) for the NorthMet Project, following review, due investigation, and consideration of public comments based on the information contained in the permit applications, and pursuant to Minnesota Statutes 93.44 to 93.51. The approved 2018 PTM includes special conditions for mineland reclamation, wetland replacement plans, and financial assurance. Together, NewRange’s applications and DNR’s special conditions constitute the PTM. The purpose of a permit to mine is to control the possible adverse environmental effects of mining by ensuring orderly construction and development of a mine, sound operational practices, and progressive reclamation of mined areas.
- Dam safety permits
- On Nov. 1, 2018, the DNR issued two dam safety permits for the NorthMet Project. Dam safety permits are required to regulate the construction, operation, and maintenance of dams, and to protect public health and safety. Specific to the NorthMet Project, one permit covers the proposed flotation tailings basin, which will be located on the site of the existing tailings basin of the historic LTV iron ore mine and will receive tailings (a mixture of finely ground waste rock and water). The second dam safety permit covers the proposed hydrometallurgical residue facility, which will receive residue (mostly gypsum) generated by a process that uses pressure and temperature reactions to extract additional precious metals beyond what can be achieved by the primary processing facility.
- Water appropriation permits
- On Nov. 1, 2018, the DNR issued six water appropriation permits for the NorthMet Project for various construction and operational activities at the mine and plant sites. Minnesota Statute requires the DNR to manage water resources to ensure an adequate supply to meet long-range seasonal requirements for domestic, agricultural, fish and wildlife, recreational, power, navigation, and quality control purposes. The Water Appropriation Permit Program exists to balance competing management objectives that include both development and protection of Minnesota's water resources.
- Endangered and threatened species takings permit
- On Nov.1, 2018, the DNR issued an endangered and threatened species takings permit for the NorthMet Project. Minnesota’s Endangered Species Law prohibits the take of endangered or threatened plants or animals without a permit from the DNR, including takings resulting from a development project, such as the NorthMet Mining Project.
Permits, if issued, must include compensatory mitigation that will result in a net benefit to the species taken, and must be approved by the DNR Commissioner.
- Public waters work permit
- On Nov. 1, 2018, the DNR issued a public waters work permit for the NorthMet Project. The permit is for a culvert extension to widen Dunka Road, the connecting road between the NorthMet plant site and mine site. The DNR’s Public Waters Work Permit Program regulates water development activities below the ordinary high water level in public waters and public waters wetlands. Proposed projects affecting the course, current, or cross-section of these water bodies may require a Public Waters Work Permit from the DNR, as well as permits from other state agencies.
Reference documents