Twenty five people including long time Elkhart residents, village
board members, Sierra Club representatives, and Viper Mine
representatives attended the hearing. Several people addressed the
IDNR representatives with their concerns about the proposed storage
area and its impact on the community.
Most of the concerns were about environmental impact to the air and
water and had been previously brought up at another informal hearing
in February 2016 and it was also discussed at hearings before the
area was rezoned in fall 2014.
Elkhart resident Lisa Pasquesi said she is concerned about long term
effects of waste contaminating the water, and resident Paul Lee said
he is concerned about heavy metals in the groundwater. Village Board
Trustee Peggy Lee asked the IDNR to consider how the waste storage
area could affect wildlife and migratory birds and how preserves
will be protected.
Others who spoke had questions about issues such as what would
happen if the dam breaks, who monitors the wells, whether there are
liner leak detection studies, how close the storage is to the road,
and how the impoundment will be removed after work is done.
During the second half of the hearing, Illinois Department of
Natural Resources representatives Scott Fowler, Dan Barkley, and
Christy Dodson addressed questions and concerns.
In regard to concerns over the effects on water quality, Fowler said
the village board can request water sampling results. He said as
part of the application, "the mine must provide background water
sampling and identify pre-existing water quality and quantity of the
area before any work is done, so they can determine if there are any
impacts to the water system by the operation itself." The village
would be notified of any contaminations or rise in levels of metals
that could cause health problems.
To address the question about effects on wildlife, Dodson said their
fish and wildlife office has reviewed the application for the
permit, and wildlife specialists will also be reviewing it. She said
a "Protection Enhancement Plan is available" for anyone to see.
Dodson also said an inspector will monitor tree clearing and make
sure the approved plan is being followed.
Fowler said the IDNR will review protections for preserves and will
ask the mining company to address the issue if it does not meet
standards.
Barkley said there are "rules and regulations" concerning dam
stability. The Department's Office of Water Resources (OWR)
addresses such issues and Barkley said a representative from that
office was at the hearing and will share the comments with the OWR.
Barkley said, "There is routine maintenance on all dams" and no
other refuse dams have failed.
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Fowler said, "The INDR works with the Illinois Environmental
Protection Agency to monitor wells" and will be able to identify any
problems before the well would need to be replaced. He said IDNR
will review all groundwater information and address any deficiencies
in their modification letter.
Fowler said the Department will make sure the mine does what it can to protect
waters and a hydrologic evaluation is included in the application. Fowler said
they will also "follow requirements of the Clean Water Act" and a groundwater
monitoring ring would intercept and identify leaks. The mining company would
have to repair leaks.
Fowler said there is not a leak detection study, but there is a monitoring
program to detect leaks. Barkley said the liner on top of the impoundment "must
meet permeability standards" and high quality materials available are being
used.
Barkley said the storage area is more than 100 feet from the road. Water control
ditches are found in that 100-foot line.
Barkley said an impoundment is used as long as there is slurry storage space,
and when the impoundment is full, it can be capped and covered with topsoil. He
said there would eventually be reclamation and earth, dirt, and vegetation would
cover it.
Fowler closed by saying that IDNR would make sure the mining company is
following all regulations and meeting all requirements of the permitting action.
He said if the company does not follow these requirements and regulations, the
IDNR would deny the application.
As the hearing drew to a close, Lisa Pasquesi once again asked them to really
consider the impoundment's possible adverse effects on the community before they
make their decision.
The hearing officer said people can send written comments to the Illinois
Department of Natural Resources between now and April 11, and the IDNR will keep
the hearing record open until that date. Comments made will be addressed in the
decision finding.
The village will be able to get a copy of the modification letter prior to any
final decision. The Illinois Department of Natural Resources will make the final
decision on the permit application after the record closes on April 11, 2016.
[Angela Reiners]
Illinois Department of Natural Resources
Attention: Scott Fowler
Viper Mine application comment
One Natural Resources Way
Springfield, IL
62702-1271
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