Conservationists announce intent to file lawsuit over water pollution from Flambeau Mine

Earlier this week, a Wisconsin conservation group and two individuals formally notified the Flambeau Mining Company (FMC) and the Wisconsin Department of Natural Resources (DNR) that they intend to file a lawsuit over water pollution caused by the partially reclaimed Flambeau Mine, near Ladysmith, Wisconsin, unless the pollution and related issues are fully addressed within 30 days by FMC and the DNR.

The formal notification letter was sent to FMC and the DNR by Attorney Glenn M. Stoddard of Eau Claire, Wisconsin, on behalf of the Wisconsin Resources Protection Council (WRPC), Al Gedicks and Laura Furtman.

According to Stoddard: “The notice letter and potential lawsuit is based on the monitoring data that has been collected by FMC and provided to the DNR and WRPC. The data shows that runoff from the Flambeau Mine is in violation of applicable surface water quality standards and is illegally polluting a nearby stream and the Flambeau River. The data also shows that groundwater at the mine site is polluted and, at a minimum, requires expanded monitoring. However, the DNR has failed to properly regulate FMC and has, instead, allowed the company to violate the law and portray the Flambeau Mine as an environmental success story when it is not.”

The WRPC is a conservation organization that was founded in 1982 to address concerns over mining in northern Wisconsin. Al Gedicks, of LaCrosse, Wisconsin, is WRPC’s Executive Secretary and he is also one of the two individuals bringing the case.

“It appears that FMC has been glossing over its own data in order to claim that the Flambeau Mine is an environmental success story, when the data actually shows that the Mine is causing pollution just as we had predicted before it was permitted by the DNR back in 1991. We are pursuing this case now in order to bring out the truth and hold both FMC and the DNR legally accountable for the damage being done to our environment by the Flambeau Mine.”

Laura Furtman, of Webster, Wisconsin, is the other individual bringing the case. Furtman said: “I am concerned about the DNR’s lax approach to enforcement and FMC’s poor science and claims of environmental success, because this sends the wrong message to people in northern Wisconsin and other areas that are faced with new mining proposals. The facts show that the Flambeau Mine is anything but a success and is, instead, a serious environmental problem that neither the DNR nor FMC want to acknowledge publicly.”

The Flambeau Mine, located in Rusk County, Wisconsin, was an open pit metallic sulfide mine that produced 181,000 tons of copper, 334,000 ounces of gold and 3.3 million ounces of silver over its four‐year life span (1993‐1997). The Flambeau River formed the western boundary of the project area, and the pit itself was constructed to within 150 feet of the river. In late 1997, the 32‐acre pit was backfilled with waste rock containing heavy metals, sulfides and sludge.

According to Dr. David Chambers, an expert in geophysics who reviewed FMC’s water quality data for WRPC, there are problems with both surface water and groundwater pollution at the Flambeau Mine site. In particular, a major area of concern involves a small tributary of the Flambeau River known as “Stream C.”

When FMC closed the mine, a drainage ditch and pond were constructed to collect polluted runoff coming from the mine site, and a second ditch was constructed to convey that water to Stream C. According to Chambers, who is the President of the Center for Science in Public Participation out of Bozeman, Montana, “Copper levels in Stream C exceed Wisconsin water quality standards both at the discharge point from the pond into Stream C and from Stream C as it flows into the Flambeau River.” He added, “The latest round of data I’ve seen shows copper levels about seven times higher than the Wisconsin standard at the pond’s outlet.”

A second issue relates to groundwater pollution at the Flambeau Mine site. Dr. Kendra Zamzow, an environmental chemist who works with Chambers, analyzed contaminant levels in a well drilled in the path of water flowing from the backfilled pit to the Flambeau River. She said: “There have been consistent and statistically significant violations of 1991 Flambeau Mine permit standards in this well, which is about 125 feet from the river. The heavy metal manganese, for example, is currently registering over four times higher than the permit standard”

WRPC has also taken issue with FMC’s monitoring program for tracking the biological effects of metals making their way into the Flambeau River from the mine site. The group enlisted the help of Dr. Ken Parejko, an aquatic biologist and Professor Emeritus at the University of Wisconsin‐Stout, to evaluate FMC’s biological studies.

Parejko concluded that there were serious flaws in the company’s study design, making it “difficult to draw any conclusions regarding the presence or absence of a mining‐related effect” on the Flambeau River. Yet, he added, “The combined observation of statistically significant increased copper concentrations in crayfish, walleye and sediment downstream from the mine site raises the possibility of a causal relationship.”

The conservationists are seeking a number of remedies for the pollution at the mine from the DNR and FMC, including but not limited to more restrictive permitting requirements, fines, remedial action, and increased monitoring at the site and in the Flambeau River.

More information, news coverage and complete copies of the formal Notice Letter and supporting expert reports are available on WRPC’s website at: www.wrpc.net

Wisconsin Citizens Sue DNR, Kennecott Over Ongoing Flambeau Mine Pollution

June 19, 2009

By Gabriel Caplett

Madison, Wisconsin—The Wisconsin Resources Protection Council (WRPC) announced today at a press conference in the State Capitol Building that it intends to file a lawsuit against the Wisconsin Department of Natural Resources (WDNR) and Kennecott’s Flambeau Mining Company (FMC). The lawsuit would be in response to ongoing water pollution that violates Wisconsin law and the Federal Clean Water Act at the Flambeau Mine, in Rusk County, unless the pollution and related issues are fully addressed within 30 days.

Kennecott, a wholly owned subsidiary of London-based Rio Tinto, is attempting to open a metallic sulfide mine, called the Eagle Project, in northern Marquette County.

“Kennecott, and other mining companies, have misled the public and promoted the Flambeau Mine as an environmental success story to communities throughout the Lake Superior region.” says Gene Champagne, spokesperson for Concerned Citizens of Big Bay, the community closest to the proposed Eagle Project.

Kennecott’s proposed mine is staunchly opposed by local citizens as it would be located on 120-acres of public land and underneath the pristine Salmon Trout River, in an area called the Yellow Dog Plains. The company also plans to blast its mine portal through the Keweenaw Bay Indian Community’s sacred Eagle Rock.

According to Teresa Bertossi of Save the Wild UP and Yellow Dog Summer, “Kennecott’s public relations image of “promises kept” and integrity at the Flambeau Mine is a fantasy, one that has been unveiled by the hard working citizens of Wisconsin.”

In August of 2008 Kennecott’s project manager, John Cherry, stated that the Flambeau Mine is “… an excellent example of our ability today to build, operate, close and reclaim a mine while meeting high standards set by regulators and the community . . . The facts show that Flambeau continues to demonstrate the environment is protected. . .”

But according to WRPC attorney Glenn M. Stoddard, the potential lawsuit is based on the mining company’s own monitoring data.

“The data shows that runoff from the Flambeau Mine is in violation of applicable surface water quality standards and is illegally polluting a nearby stream and the Flambeau River. The data also shows that groundwater at the mine site is polluted and, at a minimum, requires expanded monitoring. However, the DNR has failed to properly regulate FMC and has, instead, allowed the company to violate the law and portray the Flambeau Mine as an environmental success story when it is not.”

Citizens opposing other metallic sulfide mining activities in Minnesota and elsewhere in Michigan are concerned that Kennecott’s failure to protect water at the Flambeau Mine is indicative of any company’s ability to successfully operate a metallic sulfide mine in a water-rich area.

Aquila Resources is attempting to open a large metallic sulfide zinc and gold project adjacent to the Menominee River and Shakey Lakes Savannah in Menominee County.

Ron Henriksen, Lake Township resident and member of the Front Forty citizen group opposing Aquila Resources’ Back Forty project says, that although Aquila promotes the Flambeau Mine there are differences, including Aquila’s onsite processing plans.

“Aquila has frequently touted the Flambeau Mine as environmentally safe, even though there are still problems,” said Henriksen.

“Ironically, they claim that this is an environmentally-friendly mine, said Henriksen. They showcase it in their office, they mention it in their presentations, and now they’re taking people to the Flambeau Mine site this Saturday.”

The potential lawsuit is a yet another chapter in the unprecedented grassroots citizen movement to protect the State of Wisconsin that led to the State’s claim to fame as having some of the strongest mining laws in the country. Citizens of Michigan continue to find inspiration in the courageous efforts of Wisconsin citizens such as Attorney Glenn Stoddard, Laura Furtman and Al Gedicks of the Wisconsin Resources Protection Council.

“I’m pleased that someone is taking the step to expose Kennecott’s deceptions at the Flambeau Mine and the Wisconsin DNR’s inability to regulate a rogue industry” said Bob Rivera of UPriver, a citizens group from Iron River, Michigan concerned with Kennecott’s exploration in the Ottawa National Forest.

“Our neighbors in Wisconsin are an inspiration to average citizens to remain strong and to continue to realize the value of clean water and maintain respect for the water that sustains all life,” said Barbara Bradley of Keepers of the Water and Yellow Dog Summer. “We thank them for this, for their protection of the water.”

Click here to watch videos about the Flambeau mine lawsuit

Contact:

Lisa Jackson, EPA Administrator.  Email:  Jackson.Lisa@epa.gov

Nancy Sutley, Council on Environmental Quality.  Contact: http://www.whitehouse.gov /contact/

Sample Letter:

Dear Administrator Jackson and Chairwoman Sutley,

A generation ago, Americans made a commitment to clean up and protect our lakes, rivers and wetlands when we passed the Clean Water Act. Thanks to this commitment, lakes and streams that were once polluted are now once again safe for fishing and swimming. At the time, many argued that the economy would be injured if industry could no longer dump its untreated wastes into our nation’s waterways, but after years of strong pollution control and strong industry, it is clear that clean water is not only essential for public health, but it is good for business.

The Bush Administration’s policies on disposal of mine waste into waters of the U.S. has undermined the intent of the Clean Water Act and America’s commitment to responsibly managing our clean water.  The redefinition of “Fill Material” to include waste material to be used to “fill” streams, lakes, wetlands, and other waters, has allowed for the damaging practice of mountaintop removal and the permitting of the Kensington Mine to destroy an Alaskan lake by dumping toxic, chemically processed mine tailings into it.

I am asking you to immediately revoke the Kensington mine lake dumping permits, revise the Bush Administration’s policies on disposal of mine waste into U.S. waters, and return the definition of fill to what it was before the Bush Administration.

Sincerely,

Congress:

Tell Your Congressman and Senators to support HR 1310, the Clean Water Protection Act.  The Act is a bipartisan bill that would put the definition of “Fill Material” back to what it was before the Bush Administration.

More about the Clean Water Protection Act.

Who are my elected officials and how do I contact them?

Sample Letter:

Dear Congressman or Senator,

A generation ago, Americans made a commitment to clean up and protect our lakes, rivers and wetlands when we passed the Clean Water Act. Thanks to this commitment, lakes and streams that were once polluted are now once again safe for fishing and swimming. At the time, many argued that the economy would be injured if industry could no longer dump its untreated wastes into our nation’s waterways, but after years of strong pollution control and strong industry, it is clear that clean water is not only essential for public health, but it is good for business.

The Bush Administration’s policies on disposal of mine waste into waters of the U.S. has undermined the intent of the Clean Water Act and America’s commitment to responsibly managing our clean water.  The redefinition of “Fill Material” to include waste material to be used to “fill” streams, lakes, wetlands, and other waters, has allowed for the damaging practice of mountaintop removal and the permitting of the Kensington Mine to destroy an Alaskan lake by dumping toxic, chemically processed mine tailings into it.

I am asking you to support HR 1310, the Clean Water Protection Act, an act that would amend the Federal Water Pollution Control Act to clarify that fill material cannot be comprised of waste.

Sincerely,

For more information on the Kensington mine

For more information onmountaintop removal

You are invited to participate in one of several workshops intended for anyone interested in learning about Michigan’s new water withdrawal laws and how those involved with stewardship of our water resources can play a part in the water withdrawal decision making process. These workshops are designed for three audiences: 1) local water-resource advocates (watershed groups, lake associations, environmental groups, etc.); 2) local governmental planning and zoning practitioners; and 3) community/economic development officers in local governments.

A brief review of water law in Michigan will be followed by a tutorial on some key hydrologic terms and concepts. The Water Withdrawal Assessment Process, the use of state-of-the-art online tools, and how to avoid adverse resource impacts will all be covered. An overview of the regional groundwater and surface water resources will be presented specifically for each workshop location. Lastly, we will review several example uses of the Assessment Tool for sustainable community planning and development. Dr. David Lusch (MSU Geography and Institute of Water Research) will be the primary presenter.

Schedule of Events

• MARQUETTE - Thursday, June 25

Northern Michigan University, University Center, Kaye Ave & Lee Drive, Marquette, MI 49855

• ESCANABA - Friday, June 26

Bay de Noc Community College, 2001 N Lincoln Rd, Escanaba, MI 49829-2510

• GRAYLING - Tuesday, June 30
Ramada AuSable Valley Inn & Conference Center, 2650 S I 75 Business Loop, Grayling, MI 49738

• PITTSFIELD – Thursday, July 2
Pittsfield Charter Township Offices, 6201 W. Michigan Ave., Ann Arbor MI 48108

• KALAMAZOO - Wednesday, July 8*
Christine Price Kalamazoo Public Library – 315 S. Rose St., Kalamazoo, MI 49007
• MUSKEGON – Thursday, July 9
Annis Water Resources Institute, Grand Valley State University, 740 W. Shoreline Dr., Muskegon, MI 49441
• ROCHESTER -  Tuesday, July 14
Rochester Community House – Rochester Municipal Park – 816 Ludlow, Rochester, MI 48307

• PETOSKEY - Friday, July 17

Odawa Hotel, 1967 US 131 South, Petoskey, Michigan 49770

These seminars are free and open to anyone to attend. To register please visit: http://www.michigantu.org/index.php/component/content/article/28-council/75-wwat-workshops.

Seminar Agenda

8:30 – 9:00 - Registration and coffee

9:00 – 10:00 - The Great Lakes Compact: why Michigan is regulating large-quantity water withdrawals

- Brief review of Michigan Water Law

- Tutorial on some key hydrologic terms and concepts

10:00 – 10:15 break

10:15 – 12:00 - Does your community plan for sustainable water uses?

- Brief overview of the Water Withdrawal Assessment Process

· Stream-flow estimation

· Impact assessment of flow reductions on fish habitat

· Modeling groundwater – surface water interactions

- Review of the environmental criteria now used to assess “adverse resource impacts”

- Overview of the groundwater & surface water resources of the region

12:00 – 12:45 lunch (provided)

12:45 – 1:15 - Overview of the Water Withdrawal Assessment Tool (WWAT)

1:15 – 2:30 - Example uses of the WWAT for sustainable community development

2:30 – 3:00 - Wrap-up questions and answers

These free educational seminars are brought to you by the following organizations;

− Report by Jack Parker & Associates, “KEMC Eagle Project, Marquette, Michigan,” April 2009

− Save the Wild UP news release, NEW MINE REPORT: Kennecott Mine Application Incompetent or Fraudulent?, May   11, 2009

Rio Tinto responded to the Business & Human Rights Resource Centre regarding concerns about the company’s Upper Peninsula, Michigan, U.S. Eagle nickel and copper project on 6 May 2009. Rio Tinto would like to thank the Centre for the opportunity to respond to the related items above.

Click here to read the entire letter

The Canadian Federal Court decision requires Environment Canada to make the mining industry annually report the toxic waste accumulating in tailings ponds and waste rock piles.

John Jackson

Great Lakes United

Great Lakes United and Mining Watch Canada, with the legal assistance of Ecojustice, have won a court case, forcing Environment Canada to require the mining industry to annually report the toxic substances put into tailings ponds and waste rock piles to a public inventory. This means that approximately 20 metal mining facilities located on the Canadian side of the Great Lakes basin will have to report their waste. This court decision will allow us to more completely understand threats to the Great Lakes basin as a result of mining activities.

Ecojustice launched the suit in November, 2007 on behalf of Great Lakes United and Mining Watch Canada. On April 23 2009 the Canadian Federal Court issued an order requiring the federal government to immediately begin publicly reporting mining pollution data from 2006 onward to the National Pollutant Release Inventory (NPRI).

The strongly worded decision described the government’s decision-making pace as “glacial” and chastised the government for turning a “blind eye” to the issue and dragging its feet for “more than 16 years”.

In response to the Canadian Minister of the Environment’s failure to require reporting, the Honourable Mr. Justice Russell concluded, “the result is that the people of Canada do not have a national inventory of releases of pollutants that will allow them to assess the state of the Canadian environment and take whatever measures they feel are appropriate to protect the environment and facilitate the protection of human health.”

In contrast, since 1998, the U.S. government has required mining companies to report all pollutants under the Toxics Release Inventory (TRI), the U.S. equivalent of the NPRI. In 2005, the 72 mines in the U.S. reporting to the TRI released more than 500 million kilograms of toxic substances to mine tailings and waste rock. This accounted for 27% of all U.S. pollutants reported. The addition of the Canadian data will give us a more complete picture of the mining threat in the Great Lakes.

Toxics leak through tailings ponds walls and evaporate into the air on an ongoing basis. As climate change threatens to bring more frequent and increasingly intense storms, the potential for tailings ponds’ walls to collapse increases. This means toxic tailings rushing out into the environment and into the lakes. Such devastating collapses of tailings ponds have already occurred in Europe and in the coal mining area of the U.S.

The decision also means that the public will have to be told about the devastating toxic discharges to the massive tailings ponds created by mining the tar sands in Alberta.   The product of tar sands development—one of the largest industrial undertakings in the world—is being touted as the source of oil for proposed expansions of oil refineries throughout the Great Lakes in locations such as Superior, Wisconsin, Gary, Indiana, Detroit, and Sarnia.

Now that we will have knowledge on the toxic contents of these tailings ponds and rock piles on both sides of the Great Lakes basin, we will be more capable of pressuring for action to protect the Great Lakes from these threats.

Environment Canada has stated that they will move quickly to implement the judge’s decision.

jjackson@glu.org

To read the entire legal judgement, click on http://www.glu.org/en/node/293.

]]> http://www.savethewildup.org/blog/great-lakes-united-wins-mining-lawsuit/feed/ http://www.savethewildup.org/blog/fun-raise-with-swup-at-our-walkpaddleroll-events/ http://www.savethewildup.org/blog/fun-raise-with-swup-at-our-walkpaddleroll-events/#comments Thu, 18 Jun 2009 19:06:54 +0000 savethewildup http://www.savethewildup.org/blog/?p=912

What:                  Great Lakes ‘Walk, Paddle, and Roll’ Fundraising Event

Wilderness Orienteering
When:                 Saturday, July 12, 2009, 12:00 noon
Where:                Big Bay, MI

To Join a Team visit www.firstgiving.com/freshwaterfuture

To donate and help support the SWUP team, visit www.firstgiving.com/savethewildup

For More Information Contact:

Save the Wild UP Kristi Mills 228-4444 Website: www.savethewildup.org

Yellow Dog Watershed Preserve Emily Whittaker, 345-9223 Website: www.yellowdogwatershed.org

Join the staff and supporters of Save the Wild UP, Yellow Dog Watershed Preserve and Freshwater Future in a Great Lakes Walk, Paddle, and Roll Fundraising event! There will be three events throughout the summer, including an orienteering event to be held on Sunday, July 12 in Big Bay as well as a biking event in August in Marquette.  All funds raised will be used to support environmental outreach and educational activities and similar efforts around the Great Lakes region.
Participants may choose to enjoy any event or all three. Participants can either solicit pledges by setting up an individualized website on http://www.firstgiving.com/freshwaterfuture or donate directly to the organizations. This website is a convenient way for individuals to help raise funds for these organizations, or to donate directly to their fundraising efforts.
Here in Marquette County and across the western UP, the threat of sulfide and uranium mining continues with increased levels of exploration. Now, more than ever, it is critical that we work together to ensure the health of our community’s environment and the Great Lakes for our children, grandchildren and future generations.

“Paddle Independence will be a fun opportunity for families and friends to explore this beautiful area and help raise funds to protect our water resources,” said Kristi Mills of Save the Wild UP. “Weather permitting, we will paddle around a good portion of the lake while identifying landmarks such as the Iron River Dam, mouth of the Johnson Creek and Yellow Dog River and scenic high points visible from the water. It will be a fun day!” said Emily Whittaker of YDWP. “We hope to see all of the very supportive community members participate in this worthwhile event.”

We would like to thank all of our sponsors John G. Shedd Aquarium, Grand Traverse Casino and Resort, and Big Bay Outfitters.

To celebrate Michigan’s vast and precious water resources, Governor Granholm has declared June 6 - June 14 as Water Week 2009.

Let the Governor know how you feel about protecting our fresh water resources from the threat of sulfide mining in the Upper Peninsula. Click here for the full announcement and contact information

Rio Tinto Group has scrapped a planned $19.5 billion investment by Aluminum Corp. of China, or Chinalco, and will instead seek to raise $21 billion from a share sale and by selling iron ore assets to BHP Billiton Ltd.

The world’s No. 3 miner announced the new deal Friday, after the Chinese-state owned steelmaker rejected amendments to its initial agreement, leading to a breakdown in talks.

Click here to read the entire article

The annual Kirtland’s Warbler singing male survey of the US Fish & Wildlife Service will be conducted June 6th through June 15th for the entire Upper Peninsula.

Interested volunteers for the Yellow Dog Plains survey can contact Nancy Moran by calling the Yellow Dog Watershed Preserve at 906-345-9223. Surveyors will meet daily at 7:00 am at the intersection of Co Rd 510 and the AAA Road.  Maps of the survey area and instructions will be provided. (Water, bug spray, and a compass/GPS are recommended supplies)

The survey is conducted by driving or hiking this large area, listening for birds and investigating singing warblers.

If you are interested in participating in the survey of other areas of the UP, contact Christie Deloria at USFW, 906-226-1240.

Adult Description of the Kirtland’s Warbler

• Small songbird; large warbler.
• Bluish gray face and back.
• Yellow throat, chest, and belly.
• Black stripes down sides.
• White crescents above and below eyes.
• Constantly pumps its tail.
• Two white wingbars.

Immature Description

Similar to adult female, but duller, and with black spotting across chest.

A rare bird of the Michigan jack pine forests, the Kirtland’s Warbler is dependant upon fire to provide the small trees and open areas that meet its rigid habitat requirements for nesting.

By CHRISTOPHER DIEM Journal Staff Writer
POSTED: May 14, 2009

MARQUETTE -Members of the environmental group Save the Wild UP are celebrating the organization’s fifth anniversary by enjoying that which they strive to protect - the Upper Peninsula wilderness.
Members and supporters of Save the Wild UP -along with partner organizations Yellow Dog Watershed Preserve and Freshwater Future -are putting on a summerlong fundraising event called Great Lakes Walk, Paddle and Roll.
The event kicks off on June 6 with a 5-mile paddle around Lake Independence, continues on July 12 with an orienteering event in Big Bay and a biking event in August in Marquette.
“It’s a really positive way to get people out and enjoying the out-of-doors,” said Kristi Mills, director of Save the Wild UP.
She said participants can either solicit pledges by setting up a Web site at www.firstgiving.com/freshwaterfuture or donate directly to the organizations. All proceeds will support environmental outreach and educational activities around the Great Lakes region.
Babette Welch, board president and co-founder of Save the Wild U.P., said she and Dick Huey of Marquette started the organization to protect the open land and access to water, hunting, fishing, biking and hiking widely available in the U.P.
“We saw that that was becoming at risk … because many of the large tracts of land were coming up for sale and being sold. We were also concerned when we saw this proposed proliferation of mines,” Welch said.
The organization is strongly opposed to Kennecott’s proposed Eagle Mine on the Yellow Dog Plains. In February, Kennecott’s parent company, Rio Tinto, deferred the mine project until market conditions improve.
Welch said members of the organization will continue to oppose the mine project but will also begin new efforts to preserve the water and land in the area, encourage activity in the outdoors and try to promote economic development while protecting the environment.
“Everyone recognizes water is going to be one of the next real in-demand resources on the planet, and preserving the quality of the water in the Great Lakes is critical,” Welch said.
Save the Wild U.P. staff compiled data from Michigan courthouses and environmental protection advocacy Web sites in assembling a Lake Superior-area map showing the locations of proposed metallic sulfide mining sites and proposed metallic sulfide/uranium exploration and mining sites.
“These are all near watersheds too, so that’s a big concern,” Mills said about the exploration sites.
Mills said there is uranium mining exploration going on near the Ottawa National Forest.
“That’s some scary stuff to a lot of people who know a little bit about the dangers of radioactive materials and the handling of those,” she said.
Welch said the organization also wants to educate the public about surface-owners’ rights.
“The rights of surface owners have been divorced from the mineral rights and right now mineral rights trump surface owners,” she said, adding people’s homes and camps could be affected. “If mining companies want to develop the mineral rights underneath them, mining companies can come in and build a road, put a building, put a vent shaft, whatever they need to access those minerals.”
Members of Save the Wild U.P. support only non-violent opposition to Kennecott’s and other proposed mining activities. In a recent news release, the organization said it will not condone or tolerate violence and will take legal action if the organization or its members are targets of violence.

For further media coverage:
http://www.duluthnewstribune.com/event/article/id/120559/

According to one paragraph of the letter, “Rio Tinto has earned significant community support for the Eagle mine project over the last five years. Notably, this support has been demonstrated by townships near the mine, as well as other organisations, passing resolutions welcoming Kennecott Eagle Minerals Company, their families and contractors to their communities to live and work. A coalition of six counties has enacted
support resolutions, written letters of support and has testified at public hearings in support of the project.”

Apparently Rio Tinto thinks the majority of people in Michigan’s Upper Peninsula support the Eagle Project. And, it seems our township and county officials are speaking for themselves and not for the citizens they represent.  We encourage you to continue to contact your representatives, attend township and county meetings, and let your representatives know that if they want your vote, they need to represent the citizens of the UP and not their own self interests.  We must speak up louder before it is too late.

Click Image for Full Report (.pdf)

Please contact your local, state, and federal representatives regaurding this new information which has come to light, and ask the the question, “Is the Eagle Project Idiocy or Outright Fraud.

To the editor:

The Ottawa National Forest in Ironwood is accepting comments during the public input process on whether to grant Kennecott three permits to do exploratory drilling on federal land.

One of their permit requests is the Bates parcel, a 395 acre site right on the shore of Perch Lake. The immediate question is, do we want a sulfide mine on the shores of an inland lake? What about one of the Great Lakes?

Kennecott already has the controversial Eagle Project nickel mine beneath the headwaters of the Salmon Trout River, and now they want our lakes?
Trans Superior, Inc. wants to drill near the Sturgeon River Gorge Wilderness, next to Pricket Lake and the Sturgeon River. Do you want a sulfide mine in this area?

My concern is that Kennecott will want to do sub-aqueous tailings disposal at these inland lakes, like they want to do at the Humboldt Mill facility. This is exactly what Coeur Alaska Inc. wants to do at their proposed Kensington Gold Mine in the Tongass National Forest at Lower Slate Lake.

They will kill off the fish and aquatic life and then replant fish when the mine life is over. This case has now been submitted for a ruling by the United States Supreme Court.

Meanwhile, the United States Environmental Protection Agency has signaled it is going to crack down on mountain top removal coal mining. Mountain streams are being used for deposit of overburden and entire valleys are being filled. So far, over 500 mountains in Appalachia have been decapitated with dangerous heavy metals being placed in aquifers.

The problem is that mining is the largest producer of solid waste in the world!

For example, the Kennecott Eagle Project ore body is 3.68 percent nickel, 3.06 percent copper and gold, palladium and platinum at one-tenth of an ounce per ton. This means that 92 percent of the mining is WASTE - such as arsenic, boron, mercury and other carcinogens.

Due to lax interpretation of the Clean Water Act during the Bush era, the subject of mining waste and its toxic legacy was ignored. Now President Obama wants science to trump politics at the EPA. I urge all to call the Ottawa National Forest at 906-932-1330 and urge them to halt their prospecting permit process until the Supreme Court and EPA decide their cases.

Chuck Glossenger

Big Bay

FOR MINING PERMIT, KENNECOTT EAGLE MINERALS

PROPOSED HUMBOLDT MILL PROJECT

Michigan Department of Environmental Quality

April 15, 2009

Proposed Decision

The Michigan Department of Environmental Quality (MDEQ) is deferring the proposed decision on the application for a Mining Permit submitted by Kennecott Eagle Minerals Company (KEMC) for the Humboldt Mill Project in Humboldt Township, Marquette County. The application was submitted under the provisions of Part 632, Nonferrous Metallic Mineral Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). KEMC also submitted applications under the NREPA for a Michigan Air Use Permit - Permit to Install under Part 55; a National Pollution Discharge Elimination System Permit under Part 31; and an Inland Lakes and Steams Permit under Part 301.

Part 632 requires the MDEQ to make a proposed decision by April 15, 2009. However, KEMC waived the deadline for the proposed decision to allow for processing all MDEQ permits related to the project in a coordinated fashion. Section 63205(15) of Part 632 provides that the applicant may waive certain timelines to facilitate the coordination. It is anticipated the MDEQ will make a proposed decision on the application for a Mining Permit by June 17, 2009. In addition, at that time the MDEQ will establish a time and place for a consolidated public hearing on the proposed decision for the Part 632 application and draft decisions on the applications for the other MDEQ permit applications noted above. Notice of the public hearing will be posted on the MDEQ web site.

Application Review Process

The MDEQ received the KEMC application for a Mining Permit on December 26, 2008. Prior to receiving the application, the MDEQ had formed a Mining Application Review Team (the “Mining Team”) to review the application and public comments. The review team consisted of technical experts from MDEQ, MDNR, and one outside contractor.

The MDEQ determined the application was administratively complete (i.e., it contained all of the required documents and information) on January 9, 2009. The MDEQ held a public meeting on the application on February 18, 2009 and accepted public comments for 28 days after the meeting.

The Mining Team conducted an initial review of the application and identified areas that needed clarification or additional information. MDEQ sent KEMC a letter on February 25, 2009 listing areas where supplemental information and data are needed to complete a thorough, accurate, and comprehensive review of the application. Part 632 provides for the submission of additional information and data to supplement and clarify information supporting the application.

All information submitted to date by KEMC relating to the Part 632 application has been posted on the MDEQ internet site. Paper copies of the information were made available for review at the Peter White Library in Marquette, the Humboldt Township Hall, and MDEQ offices in Gwinn and Lansing. As additional information is submitted by KEMC it will be made available at all of the locations listed above.

Public Comments and DEQ Response available at the following link:

http://www.michigan.gov/documents/deq/Response-Public-Comments-2009-04-15_275038_7.pdf

UP Citizens Return to London to Address Rio Tinto About Eagle Mine

For pictures and more information visit: http://riotintoagm2009.wordpress.com/

London UK—A beleaguered Rio Tinto board defended itself from criticisms coming from a number of shareholders at the company’s annual general meeting (AGM) Wednesday (April 15^th, 2009), in London, England. High on shareholder’s minds was the proposed $19.5 billion deal to sell access to a number of key company assets, including Kennecott, to the Chinese government-owned Chinalco as part of what many speakers described as offensive to existing shareholders and a direct result of poor investment and management decisions made by the company over the last several years.

At the meeting, Lutheran pastor, Jon Magnuson, from Marquette, Michigan, presented a document signed by one hundred faith leaders of ten faith traditions in Marquette, Baraga and Keweenaw counties. Magnuson said that the document was part of a petition that collected roughly ten thousand citizen’s names in opposition to Rio Tinto’s Eagle Project nickel and copper mine, located on the Yellow Dog Plains, in Marquette County.

“Many of our parishioners and members of our faith communities are . . . involved in the mining industry,” said Magnuson. “But on this particular project we have taken a very strong position - in this place, at this time, for these specific reasons. And one is the massive environmental damage that is threatened to the Great Lakes and the second and most prominent concern is that, what we perceive and experience is a cavalier dismissal of the claims of one of the major Indian tribes in Michigan, the Keweenaw Bay Indian Community.”

In response, company CEO Tom Albanese said that Rio Tinto is “not unmindful of the questions and the controversy” and claimed that Rio Tinto Copper CEO Bret Clayton “visited the site and met with a number of the stakeholders as a result of requests of some of the questions that came up in last year’s AGM.”

While Clayton did visit with a number of parties sympathetic to the mine’s development, including the local Chamber of Commerce and various local politicians, he made no attempt to meet with Michigan citizens and tribal representatives while in the area.

Gabriel Caplett, from Skandia, Michigan, spoke to a lack of competence and care in designing the Eagle Project mine.

“I’m just wondering if other shareholders are curious as to why this project hasn’t been brought on line yet and I think there’s a very simple reason for that and it lies within the mine design itself,” said Caplett. “The mine as designed could be charged with fraud under Michigan’s metallic mining law. The mine, as designed, would collapse - the crown pillar holding up the mine ceiling would collapse. Many technical experts have agreed on that.”

Caplett explained that Dr. David Sainsbury, a rock mechanics expert hired by the State of Michigan to review the mine’s mine structure inquired with Rio Tinto if anyone at the company had rock mechanic’s expertise. “He didn’t receive a response,” said Caplett. Sainsbury, who was transferred to work overseas after continually reporting to the State that the company’s conclusions regarding the crown pillar’s stability were “not defensible,” told a mine engineering colleague that the Eagle application, produced by Golder & Associates and Foth & VanDyke, was equivalent to “high school level” work.

Caplett asked the Rio Tinto board if, “after deferring the Eagle Project mine are you willing to waste any more shareholder money on this project or will you ultimately abandon it instead of pursuing this project.”

Two shareholders addressed concerns regarding Rio Tinto’s continued involvement in the controversial Grasberg Mine, in West Papua. According to shareholder Andrew Hickman, last year the government of Norway divested roughly $800 million in shares, calling the company’s record in West Papua “grossly unethical”. Hickman said that mine officials have acknowledged to paying the Indonesian military “less than” $1.6 million to guard the facility and repress local opposition to the mine.

Other shareholders addressed the recently acknowledged leakage of roughly one-hundred thousand liters of contaminated tailings water at Rio Tinto’s Ranger uranium mine, in Australia; as well as concerns regarding the company’s joint venture arrangement with Muriel Mining Co. in Columbia that has forced the relocation of an indigenous community and occupied a sacred mountain.

The Reverend Magnuson and Caplett have also met with representatives at the Church of England’s Pension Board and Ethical Investment Advisory Group and will be meeting with the United Kingdom’s Department for Business Enterprise and Regulatory Review on Friday.

For more information, or to conduct an interview, please contact Teresa Bertossi at teresa@savethewildup.org

Private investors in Rio Tinto vented their anger at the mining group’s annual meeting in London today over the board’s decision to pursue a $20bn (£13.3bn) bailout from the Chinese government.

Andrew Hickman, another shareholder, criticised the practice of dumping tailings – water containing waste minerals and chemicals – directly into rivers at the Grasberg mine, in a remote forest region of Indonesia. Rio holds a stake in the mine, one of the world’s largest copper and gold deposits. Skinner said there was nowhere else to dispose of the tailings. He said Rio did not operate the venture but had many suggestions about how to improve the mine’s environmental impact.

The Government Pension Fund of Norway, one of the world’s largest pension funds, does not invest in Rio or its joint venture partner Freeport because of environmental damage caused by the mine.

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Private investors in Rio Tinto vented their anger at the mining group’s annual meeting in London today over the board’s decision to pursue a $20bn (£13.3bn) bailout from the Chinese government.

John Farmer, a shareholder, said the deal with state-owned firm Chinalco “could be construed as selling part of the family silver”.

“Why have you got us into this mire?,” he asked. “You are mortgaging part of Rio Tinto to China. It’s something you will regret.”

Outgoing chairman Paul Skinner did not rule out a compromise deal to appease shareholders angry at being shut out from the fundraising.

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Save the Wild UP invites you to celebrate historical Earth Day ‘09, Wednesday, April 22 by stopping by our office in Marquette. Register for door prizes, sign a banner, taste a fruit smoothie, and chat with other visitors about green solutions to our global problems. Listen to the tunes of local musicians. If you bring in a dead battery (to be recycled) you will receive a FREE T-Shirt!!!!

Speaking at the Indigenous Earth Summit in Marquette, Michigan, tribal vice chair Susan LaFernier expressed her great concern about the tribe’s future in the Ceded Territory if a proposed metallic sulfide mine is permitted to operate.

The proposed mine is known as the Eagle Project.

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