August 15, 2014
Minnesota Department of Natural Resources hand-delivered a letter to the operators informing them of the shut down order.
“It’s not that they won’t be able to mine eventually, but we just want to make sure it’s done safely and the resources are protected,” DNR spokesperson Tom Hovey said.
The trout-stream setback permit includes a one-year evaluation and monitoring period which is important to the DNR.
Some believe the mine may take the shut down order to court instead of attempting to obtain the permit. The mine could argue that since it is being used for construction, and not hydraulic fracturing, the new state regulations do not apply.
It could also argue it’s operating under a permit that existed before the new law, meaning it shouldn’t have to follow the new regulations.
This mine’s situation is different from a sand and gravel mine in North Dakota that is risking a shutdown because it refuses to allow inspectors in.