Environmental groups, Keweenaw Bay Indian Community question Lundin Mining's permit amendment request for Humboldt Mill tailings disposal

By Michele Bourdieu
 

This aerial photograph shows the Humboldt Mill Wastewater Treatment Plant and the north end of the Humboldt Pit Lake, referred to by the permit amendment request as the "Humboldt Tailings Disposal Facility" (HTDF). (2017 Photo © and courtesy Jeremiah Eagle Eye)

MARQUETTE --Environmentalists in the Mining Action Group -- part of the Upper Peninsula Environmental Coalition (UPEC) -- along with the Concerned Citizens of Big Bay and the Keweenaw Bay Indian Community, have sent comments to the Michigan Department of Environmental Quality (DEQ) expressing strong concerns about Lundin Mining's permit amendment request for Eagle Mine's Humboldt Mill.

The mining company has asked approval to place tailings to a higher elevation in the Humboldt Tailings Disposal Facility (aka HTDF or the Humboldt Pit) than currently permitted by the Eagle Mine's 2010 mining permit. The public comment period, which followed a public meeting on Nov. 27, officially ended on Dec. 26, 2017, despite requests from concerned citizens that DEQ officials extend the comment period and provide more information. Here are some excerpts from the public comments:

Comments (summary) to DEQ from Mining Action Group: "Don’t Fill Humboldt Pit Lake with Toxic Mine Waste"
Posted Dec. 26, 2017 on their Web site*

The Public Comment period on Lundin Mining’s proposed "Humboldt Mill permit amendment request" came to a close at 5 p.m. today, Dec. 26, 2017. Members of the Mining Action Group participated in the Public Meeting held on Nov. 27. We thank everyone who attended the DEQ meeting and all of the environmental stakeholders who have voiced their concerns about this flawed permit amendment request.

Our Conclusion:

We are concerned that Michigan law (especially Part 301, with regards to the filling of Humboldt Pit Lake with toxic mine tailings) and the Clean Water Act are being applied inconsistently, and that regulations are improperly interpreted. The Humboldt Pit Lake is treated, simultaneously, as an "Inland Lake" according to Michigan’s Part 301 Inland Lakes and Streams Program, but not regarded as "waters of the state" under Part 31.

During the DEQ's Nov. 27, 2017, public meeting on Lundin Mining's request to amend the Humboldt Mill mining permit because of an anticipated increase in tailings to be added to the Humboldt pit, Kathleen Heideman of the Mining Action Group asks questions of DEQ officials concerning the mining regulations, in particular the interpretation of statutes to determine whether the Humboldt Pit qualifies for protection as an inland lake. Joe Maki, geology specialist of DEQ Oil, Gas, and Minerals Division, UP District, and Steve Casey, DEQ Water Resources Division Upper Peninsula District supervisor, reply to her questions. Also representing DEQ is Melanie Humphrey, geological technician, Oil, Gas, and Minerals Division, UP District. (Video by Keweenaw Now)

The DEQ’s stewardship of Michigan’s freshwater natural resources is the shared interest and responsibility of all stakeholders. Concerned citizens, the Keweenaw Bay Indian Community, the Community Environmental Monitoring Program, the Mining Action Group and other UPESG (Upper Peninsula Environmental Stakeholders Group) stakeholders have all expressed our concerns regarding Lundin’s use of the Humboldt Pit Lake as a "waste disposal facility" which appears to violate common sense, as well as the law. We ask the DEQ to regulate this body of water in full accordance with the Clean Water Act and NREPA, keeping in mind that Michigan citizens and the Escanaba River Watershed will bear the burden of these polluting activities long after Lundin’s mining and milling operations have ceased.

We believe the Humboldt Mill amendment request does not fulfill the requirements of Part 632. The applicant failed to provide an updated EIA (Environmental Impact Assessment), failed to update the reclamation plan, dismissed the contingency plan, failed to provide a list of all additional necessary permits, and did not increase the financial assurity to offset the significant, permanent environmental hazards posed by additional tailings storage and reduced water cover at the Humboldt Pit Lake.

The Applicant has Not Met the Standard for Review

Furthermore, the DEQ has a statutory requirement under Section 324.63207 (6)(c) of Part 632 to "submit the request for amendment to the same review process as provided for a new permit application" and consolidate multiple permits into a single review process, to facilitate public participation.

The DEQ has Not Met this Statutory Requirement

The permit amendment request is fundamentally incomplete, as it falsely and narrowly limits discussion to a single permit condition; because Condition F.4 is being considered apart from other connected permits and deprecated permit conditions, steamrolling the permit process without offering an opportunity for public input; and because the applicant provides no supporting material, with no updated analysis of the cumulative Environmental Impacts.

"DEQ shall deny a permit if it determines that the mining operation will 'pollute, impair, or destroy, air, water or other natural resources or the public trust in those resources, in accordance with part 17' (Michigan Environmental Protection Act)."

This permit amendment request is obviously unsubstantiated and incomplete. Environmental stakeholders are unable to consider the implications of such a significant change, in the absence of monitoring data, modeling, and the lack of a revised EIA. Confident predictions made by Lundin’s experts in public presentations do not change our conclusion. Please deny the Humboldt Mill MP-012010 permit amendment request, on the grounds that it fails to meet the standard for review as required under Part 632.

Here is another aerial view of the Humboldt Mill Wastewater Treatment Plant and the north end of the Humboldt Pit Lake, referred to by the permit amendment request as the "Humboldt Tailings Disposal Facility" (HTDF). (2017 Photo © Jeremiah Eagle Eye)

* To read the Mining Action Group’s full public comments on the Humboldt Mill permit amendment request, click here and and follow the link at the end to access their pdf file with the complete comments.

Excerpts from comments to DEQ from Keweenaw Bay Indian Community (KBIC), dated Dec. 21, 2017

In the cover letter to their comments, KBIC President Warren C. Swartz, JR, states the basic reason for the tribe's concerns about the Humboldt Mill permit: "Under the 1842 Treaty of LaPointe, KBIC reserved rights to hunt, fish, trap, and gather on traditional lands ceded to the United States. Today KBIC continues to harvest berries, medicinal plants, water from springs, fish from streams, and wildlife within the Escanaba River watershed for subsistence and cultural lifeways. The Humboldt Mill, and its water treatment outfalls, are in the Escanaba River watershed and within the 1842 Ceded Territory."

During the Nov. 27 DEQ public meeting on Lundin Mining's request to amend the Humboldt Mill mining permit, KBIC tribal member Jeffery Loman reminded the DEQ of the tribe's concern for migratory birds and other natural resources that could be impacted by the Humboldt pit/artificial lake. He suggested the DEQ seek the participation of the U.S. Fish and Wildlife Service in regulating the lake.

Jeffery Loman, Keweenaw Bay Indian Community member, addresses Michigan Dept. of Environmental Quality officials during the Nov. 27, 2017, public meeting on Lundin Mining's request to amend the permit for the Humboldt Mill because of anticipated added tailings in the Humboldt pit. (Video by Keweenaw Now)

In their comments, KBIC also questions Lundin's original EIA, which claims that Eagle Mine activities are not expected to harm threatened, endangered or special concern species: "What is being done to keep Threatened or Endangered and Special Concern species out of the HTDF? Especially if the lake strata turn over. If bald eagles or other birds fly into and land on the HTDF lake, what is being done to keep them off? There could be the potential for animal poisoning." 

At the beginning of their comment document, KBIC states, "Lundin Mining Company, Eagle Humboldt Mill is not prepared to request an amendment to their Mining Permit, MP 012010, Condition F4. This is due to the state of understanding of the pit lake now in 2017, the modeling performed to date and the unavailability of relevant data."

The document notes that before considering Lundin's request for a higher elevation of the tailings, the DEQ, the tribe and the public need to know and understand "the complex geochemistry and fluid dynamics of the current pit lake tailings discharge." KBIC also notes concern about very high salts from the Humboldt Mill that potentially threaten the top layer of cleaner water. They also question the modeling being done -- but not yet completed -- by Lundin, specifically modeling wind speed at which lake turnover and mixing would occur.

During the Nov. 27, 2017, public meeting on Lundin Mining's request for an amendment to the mining permit for Humboldt Mill, Chuck Brumleve, Keweenaw Bay Indian Community (KBIC) environmental mining specialist, asks Michigan DEQ officials several questions related to the regulatory limits for tailings in the Humboldt pit. Seated with him (second from left) is Timothy Dombrowski, KBIC Great Lakes resource specialist. DEQ's Joe Maki comments on the geochemistry of the Humboldt pit. (Video by Keweenaw Now)

KBIC also expresses several concerns about the shallow pit lake -- impacts that could result from raising the elevation of the tailings -- in the following comments:

"Without a satisfactory water depth over the tailings, as is requested by the Humboldt Mill's Amendment to Condition F.4, the lower anoxic layers will not develop and the sulfide reducing bacteria will not develop. The thin remaining top layer will stay mixed and oxygenated due to wind-driven upwelling and other natural processes. Metals will remain dissolved and water treatment will be required before discharge well into the future after the mill closes. The elimination of an anoxic layer and sulfide reducing bacteria significantly increases the risk of perpetual or at least long term pit lake treatment."

They add that the irregular pit bottom caused by the cone-shaped mounds of tailings under the water would prohibit the planting of wetland plants, which is a sulfide mining remediation technique that has been used in other pit lakes to produce anoxic conditions.

KBIC adds, "While Lundin goes to great lengths in the Request for Amendment to Condition F.4 to calm questions about a shallow water cover with no anoxic layer for managing the dissolved metals, we fear this removes another safety measure and increases the risk of this tailings disposal site to be a long term environmental problem for the Middle Branch of the Escanaba River, Tribes and people of Michigan."

KBIC's conclusions indicate their concerns for future generations and their unwillingness to take risks based on DEQ's acceptance of Lundin's questionable modeling:

"Lundin Mining Company will be in and out of here in a matter of less than ten years. The logic presented in the amendment request is short term when considering the centuries that the Ojibwa people have been in the area in the past and intend to remain into the future. While laboratory experiments are good starting points for input to modeling, we all know that the modeling of geologic systems over decades in the short term and centuries in the long term is an inexact science if for no other reason than models have not been around for these time periods -- it is a relatively new tool. To gamble the environmental health and sustainability of the Middle Branch of the Escanaba River on model predictions is a risk the mining company and the DEQ expects the tribes to take for little or no reward for the additional risk."

Concerned Citizens of Big Bay: Public needs more information

During the Nov. 27 public meeting, Gene Champagne of the Concerned Citizens of Big Bay asked the DEQ to extend their comment period because of the lack of information available to the public:

During the Nov. 27, 2017, public meeting on Lundin Mining's request for an amendment to the Humboldt Mill mining permit, Gene Champagne of Concerned Citizens of Big Bay asks DEQ officials to extend the public comment period because of missing information needed by the public. He also asks DEQ to consider the impacts of the project as a whole rather than treating it in a piecemeal fashion. (Video by Keweenaw Now)

At one point during the Nov. 27 meeting, Joe Maki, geology specialist of DEQ Oil, Gas, and Minerals Division, UP District, stated that DEQ officials are willing to consider public comments that arrive after the deadline. Champagne took Maki at his word in sending the following comments on Dec. 28, 2017:

"Regarding 'Humboldt Mill MP-012010 Permit Amendment Request':

"I apologize for being late in sending my comments concerning this permit amendment request. The Dec. 26th deadline made it difficult to send my comments on time, as I have been traveling for the Holidays. I was also waiting until the last minute for information that was requested, and agreed upon with DEQ personnel at the public hearing November 27 at Westwood High School, that the information regarding geochemistry was necessary to make both good comment and good judgment on the requested permit amendment. I do appreciate that Joe Maki informed attendees at the November 27th public comment meeting that the DEQ does accept and take into account comments that are received after the deadline date.

"Two of the main points brought up in public comment on November 27th were the lack of geochemistry data and the lack of an anoxic layer being utilized in the 'pit lake.' Without these two pieces of critical information, along with several others, the permit is lacking in data to comment sufficiently on it, thus making it incomplete. At this point the DEQ has a due diligence to either deny the permit, or request further information and begin a new comment period of at least 90 days for the public to be able to dissect and understand, and comment on any new and needed information when it becomes available."

Maki also announced during the Nov. 27 meeting that the 28-day DEQ review of the permit amendment request, should DEQ come to a proposed decision on the permit, would be followed by a public hearing and another comment period on the proposed decision.

Several members of the public have indicated their dissatisfaction with the DEQ timeline, since they find it more difficult to persuade DEQ of their concerns once a "proposed decision" has been made; thus the need for the public to be fully informed at the time of the first comment period.

During the Nov. 27 meeting Carla Champagne of Concerned Citizens of Big Bay also questioned the meaning of "significant" as used by DEQ to determine that changes in the mining company's plans or actions are important enough for new permitting and public input.

Maki admitted that DEQ does not have a formal definition for "significant."

Editor's Note: For links to DEQ documents concerning Lundin's Humboldt Mill Permit Amendment Request, click here.

Environmentalists applaud dismissal of Road Commission's CR595 lawsuit

From Save the Wild U.P.

This photo shows Wildcat Canyon in the potential CR 595 corridor. The proposed 21-mile primary county road, running north-south between U.S. Highway 41 and County Road Triple A, was intended to connect the Eagle Mine with the Humboldt Mill. (File photo © and courtesy Jeremiah Eagle Eye. Reprinted with permission.)

MARQUETTE -- Grassroots environmental groups including Save the Wild U.P. (SWUP), Concerned Citizens of Big Bay (CCBB), the Yellow Dog Watershed Preserve (YDWP), and other environmental groups are hailing the decision of Federal Judge Robert Holmes Bell, who recently dismissed the Marquette County Road Commission (MCRC) lawsuit against the Environmental Protection Agency (EPA).

In his dismissal, Judge Bell stated that the MCRC "doesn't have a viable claim against the EPA."

From the beginning environmentalists have contended that what the Road Commission wanted to build was an industrial road -- a mining haul road known as CR595 -- but serious threats to wetlands and watersheds proved insurmountable. The proposed road would have cut across 22 rivers and streams, including the Dead River and Yellow Dog River Watersheds, the Mulligan Creek headwaters, Voelker Creek, and Wildcat Canyon. It would also have damaged or destroyed numerous wetlands.

This wetland in the proposed CR 595 corridor is one of many sensitive areas that would be impacted by the proposed wilderness road intended primarily for hauling ore from the Eagle Mine to the Humboldt Mill. (Keweenaw Now file photo © and courtesy Jessica Koski) 

Alexandra Maxwell, SWUP’s executive director, applauded Judge Bell for his decision, adding SWUP hopes this will settle the issue of the proposed CR595.

"This decision wholly validates what U.P. environmental groups have expressed all along," Maxwell said. "The EPA’s objections to the construction of this road were valid and protective of one of the world’s largest sources of freshwater."

On Aug. 28, 2012, a crowd of about 400 filled the Ontario, Michigan and Huron rooms in Northern Michigan University's Don H. Bottum University Center for the Environmental Protection Agency's Public Hearing on the proposed County Road 595. Many residents, tribal representatives and other concerned citizens voiced their objections to the road. In December 2012 EPA objected to the wetland and stream crossing impacts in the permit application and prevented permitting of the road. In January 2015 Marquette County Road Commission voted to sue the EPA. (Keweenaw Now file photo)*

Chauncey Moran, Chairman of the Yellow Dog Watershed Preserve Board of Directors, said, "The 595 issue demonstrates the reason we need clear siting requirements, because there are places where Thou Shalt Not."

During the Aug. 28, 2012, EPA Public Hearing on the proposed County Road 595, Chauncey Moran of Big Bay holds up a photo showing some of the wetlands that could be impacted by the proposed haul road. (Keweenaw Now file photo)

Jon Saari, SWUP vice president, said, "Let's hope Judge Bell's dismissal stands. Big highways are destructive swathes to natural habitats and wildlife. Woods roads are good enough in the UP backcountry."

Gene Champagne, spokesperson for Concerned Citizens of Big Bay, said the MCRC has wasted energy on a fraudulent application for this road.

"Moving forward, the MCRC needs to 'Quit Whining, Drop the Lawsuit, and Fix Our Roads.'"

During their Jan. 19, 2015, meeting, members of the Marquette County Road Commission return from a closed session discussion of their proposed lawsuit against the Environmental Protection Agency. (File photo by Gene Champagne for Keweenaw Now)

Champagne noted the judge's decision received little coverage in the mainstream media.

"If the decision had gone the other way it would BIG news!!! The mainstream media must be getting or giving some of that 'dark money,'" Champagne said.

Jeffery Loman, Keweenaw Bay Indian Community tribal member and former federal oil regulator, said, "It should be clear to everyone now -- the Rio Tinto 'Woodland Road' proposal and MCRC’s subsequent CR-595 proposal didn't meet even the minimum requirements under the Clean Water Act. Their efforts to subvert our laws didn't work."

According to concerned citizen Catherine Parker, who has attended most Marquette County Road Commission meetings and followed federal objections to the proposed road, "MCRC doesn't have a case. Period. The evidence is right there in the files I received through Freedom of Information Act requests."

Horst Schmidt, Upper Peninsula Environmental Coalition (UPEC) president, said the UPEC Board has authorized the following statement:

"The court’s decision promotes sound land stewardship by preserving the unique natural resources, including the wetlands and wildlife habitat along the proposed CR 595 corridor. The Upper Peninsula Environmental Coalition acknowledges the persistent efforts of SWUP in supporting the EPA's original decision along with the diverse group of local citizens, businesses and other organizations that rallied behind SWUP and the EPA in support of the rule of law designed to protect our people and our fragile environment here in the U.P." 

Kathleen Heideman, SWUP president, said Judge Bell made the right decision.

"The facts never supported the Road Commission’s claims," Heideman noted.

Keweenaw Now attempted to contact the Marquette County Road Commission Thursday and learned their office is closed until Monday, June 20, for "staff training." We also tried to reach individual MCRC Board members today, but were not able to contact them.

A short article on TV-6 News Thursday evening (June 16) states that MCRC is asking Judge Bell to reconsider his decision.**

Editor's Notes:

* See our two-part article on the Aug. 28, 2012, EPA Public Hearing on CR595: "EPA Hearing on CR 595 permit: Part 1, Questions" and "EPA Hearing on CR 595: Part 2: Comments."

** Click here for the TV-6 article and video clip.

Letter to DNR: Moratorium on Upper Peninsula mineral leases needed to protect watersheds, land use imbalance

[Editor's Note: Today, Oct. 12, is the deadline for public comments on North American Nickel's request for a metallic mineral lease from the State of Michigan on 320 acres of public land in Section 35 of Michigamme Township, Marquette County, Michigan. Gene Champagne of Concerned Citizens of Big Bay submitted the following letter to the DNR and has shared it with Keweenaw Now. The following is reprinted here with permission.]*

Karen Maidlow
Property Analyst, Minerals Management
Department of Natural Resources
P.O. Box 30452
Lansing, MI 48909

Dear Ms. Maidlow:
I am writing these public comments urging you and the MDNR to reject the mineral lease for North American Nickel for a 320 acre state owned parcel in northwest Marquette County. The main reason for rejection by the MDNR is the sensitivity of the location with regards to wetlands and watersheds. The area is also rich in historical and cultural history for this area of Marquette County and the State of Michigan.

In addition to aforementioned reasons, all mineral lease requirements and criteria for metallic minerals in the Upper Peninsula need to reexamined and rewritten. When the current criteria were written, the specter of a new mining region and possible boom did not exist. The potential accumulated impacts of such a region by this segment of the mining industry places this entire region at serious risk for watershed decimation and land use fragmentation.

These mineral leases within the area known as the Yellow Dog Plains are going to continue indefinitely as speculators crowd in regardless of proof of mineralization. If a mineral lease is granted and product is found, a permit will be issued regardless of risk involved. The DEQ will only make an attempt to minimize the risk as much as economically feasible to the lessee, not the interests of the other stakeholders (public) involved and affected.

Until the current system of granting mineral leases particular to this area of the state is reexamined and rewritten with a critical eye to both process and effects to non-leased lands and non-mineral extraction interests, there needs to be a moratorium on mineral leases. The minerals are not going anywhere. They will wait. To not correct the significant imbalance of negative effects caused to other lands and stakeholders outside the leased areas will lead to a totally out of balanced land use opportunity situation in this region that may never again be realized. Please deny this request for a mineral lease.

In addition, I respectfully ask that you pass on the above request for a moratorium to the proper agency personnel.

Thank you,

Gene Champagne                                                      
Big Bay, MI 49808

* Editor's Note: To learn more about this issue see our Oct. 6, 2015, article, "Nickel company seeks 320-acre metallic mineral lease on state land near Eagle Mine; comment deadline is Oct. 12."

Guest article: Letter to DNR on Eagle Mine's proposed mineral lease near headwaters of Yellow Dog River

By Gene Champagne*

[Editor's Note: This letter was sent to the Dept. of Natural Resources as a comment on Eagle Mine's request for a metallic mineral lease from the State of Michigan for 40 acres of public land (NE 1/4 of the NE 1/4 of Section 8, T50N, R29W, Michigamme Township, Marquette County) in the Escanaba River State Forest. The deadline for public comments is Friday, Sept. 25, 2015.** The letter is reprinted here with the author's permission.]

Karen Maidlow
Property Analyst, Minerals Management
Department of Natural Resources
P.O. Box 30452
Lansing, MI 48909

September 23, 2015

Dear Ms. Maidlow:
I strongly urge you to deny the proposed mineral lease sought by Eagle Mine LLC for 40 acres of State-owned land (NE 1/4 of the NE1/4 of Section 8, T50N, R29W, Michigamme Township, Marquette County). Short of outright rejection of this mineral lease, I request a Public Hearing in this matter. I understand from the form letters you send out in such matters that Public Hearings are not routinely called for or done.

The DNR, as well as the DEQ, need to realize that these issues surrounding mineral leases and mining permits, in this part of the UP with this type of mineral exploration, cannot be conducted as business as usual. The issues at hand will impact an area that has historically, socially, and culturally been one of sustainability containing a wide range of public uses that will be negatively impacted far into the future just by the mere presence of exploration and mining. I understand that mineral leases in themselves do not guarantee that a mining operation will follow. I also understand that a mining permit application may not, in theory, automatically be granted. The reality however is that if minerals are economically feasible for extraction, a mining permit no matter how flawed and risky will be granted. Over-weighted and unduly influential political and financial interests will join until extraction becomes a done deal.

The parcel in question is located in an intact watershed and contains an undisturbed headwater wetland ecosystem of over 1,000 acres. Wetlands have been greatly depleted in our state due to fragmentation of land areas with negative consequences for long-term sustainability. Andersen Creek, identified as headwaters of the Yellow Dog River, flows through this land. The Yellow Dog River has been designated as a Scenic and Wild River.

This 40 acre parcel may be the only piece of land that the DNR is required to look at, but the negative impacts of  a mineral lease permit to surrounding  parcels is so overly intrusive as to negate the enjoyment and usefulness of the multi-faceted activities enjoyed by a broader range of the general public.

These lands are used for gathering blueberries (of which there are an abundance on this 40 acres being scrutinized), hiking, biking, camping, mental recreation that comes from solitude, and many other uses that benefit a far larger public. This 40 acre parcel lies west of the current Eagle Mine operation and thus is given relief from the noise, truck traffic, light pollution, and other incursions that have interrupted and interfered with the quality of life enjoyed by area residents, camp owners, and tourists alike. The public should not suffer further erosion of enjoyable activities on state (public) owned land for the benefit of such a few.

I have personally set foot on this 40 acre parcel. It is a place of immense beauty and solitude. I have found moss there so thick that sitting on the ground rivals the comfort experienced from sitting on the deepest most comfortable couch available. As mentioned, blueberries are in abundance. Walking along one feels as if walking on a sponge, as the area is that wet; this despite the area being 4.5 inches below average for precipitation so far this year. The southern half of the 40 acres is wet/swamp land. No drilling can be performed on these 40 acres without negatively impacting and degrading the watershed to some degree. I have witnessed the impact of exploratory drilling in the area and the weak to nonexistent oversights that accompany it.

Holding a Public Hearing on this permit request will allow the DNR to witness firsthand the passion that people of this state, and particularly the people who live closest to the affected land, have for the quality of life activities afforded by our land. Fragmentation of land and land use is what has led to the scourge of urban sprawl and diminishing of wetlands that accompanied it. This situation of allowing such an overbearing effect of other area land and activity use through fragmentation will amount to the same negative future for our children and grandchildren.

Respectfully Submitted,
Gene Champagne
Big Bay, Michigan

Editor's Notes:

* Guest author Gene Champagne is a spokesperson for Concerned Citizens of Big Bay.

** See our Sept. 21, 2015, article, "Environmental, conservation groups question Eagle Mine's request to lease 40 acres of state land near Yellow Dog River headwaters."

Yellow Dog Watershed Preserve: Marquette County Road Commission planning to build potential new road sections for Eagle Mine

By Yellow Dog Watershed Preserve (YDWP)
Posted in their Oct. 16, 2013, Newsletter
Reprinted with permission

At the Oct. 15, 2013, Marquette County Road Commission public hearing held in Ishpeming, Mary Ellen Krieg of Concerned Citizens of Big Bay stands up to make public comment. (Photo © and courtesy Emily Whittaker)

BIG BAY -- The Marquette County Road Commission held a public hearing [Tuesday] night [Oct. 15, 2013] regarding the road work that is proposed to service Eagle Mine on the Yellow Dog Plains. Work plans for the road were made public in late September which revealed plans to build new sections of road instead of upgrade County Road 510 and County Road AAA. Some sections of the old road are planned to be kept but the majority of the route would be completely new road.

According to the Road Commission, the road work will cost around $20.8 million dollars and will be paid for entirely by "private" funds.

It was also stated at the meeting that this road would not be built if the mine was not there. It is being paid for by the mine, and would be designed specifically for ore-hauling trucks. It is clearly a mining road, even though Lundin’s mining permit states that they will use existing roads and upgrade CR 510/CRAAA.

It is important for the community to keep in mind that once the mine is closed there is no plan in place for maintenance of these new roads that were made to service large trucks. Public funding would have to be used unless the Road Commission can devise an alternative way to pay for ongoing maintenance well past the life of the mine. Since it is likely this public agency would use tax dollars to maintain this route made specifically for Eagle Mine, Yellow Dog Watershed Preserve urges people to contact both the Road Commission and the Marquette County Board of Commissioners. Let them know that tax dollars should not be used toward this project at anytime, especially for ongoing maintenance after the mine is closed.

Many concerned citizens came to the meeting [Tuesday] night to bring up valid points about this project. Several people commented on the fact that this road is being designed for 55 mph traffic. Concerns about safety, collisions, and speed limits were all made.

Mary Ellen Krieg of Concerned Citizens of Big Bay stated, "I have spoken with several friends who are engineers about this project. They all stated that building the road to service trucks going 55 mph makes no sense. Loaded ore trucks should never go that fast in the first place."

Many spoke about their desire to keep the canopy intact, instead of having a 150-feet clear span on both sides of the road.

"This area is used by our members as a place to come recreate and see the scenic beauty of MarquetteCounty. We urge you to carefully consider whether the public wants this 'new road' if it is not for the public benefit," said Emily Whittaker, Special Projects manager of YDWP.

Please take the time to contact the Road Commission and let them know you do not want to see any new sections of road made. They should stick to the plan of using existing roads only. For more information on the plan, click here to visit the Road Commission's Web site.

Editor's Note: The Marquette County Road Commission will hold another meeting at 6 p.m. on Monday, Oct. 21, at the Ishpeming Township Hall, 1575 US Highway 41 W, Ishpeming, Mich.

Save the Wild U.P.: "Nonprofit" jointly created by regulators and industry execs heads to court Aug. 1

[Editor's Note: Save the Wild U.P. sent this press release today, July 31, 2013]

This "State Warehouse" building at the former K.I. Sawyer Air Force Base, near the Upper Peninsula Michigan Department of Environmental Quality (MDEQ) office outside Marquette, serves as a core shed for the nonprofit Northern Michigan Geologic Repository Association (NMGRA). (File photos © Sally Western and courtesy Save the Wild U.P.)

MARQUETTE -- On Thursday, Aug. 1, a nonprofit corporation set up by Michigan Department of Environmental Quality (MDEQ) regulators and mining industry executives, the Northern Michigan Geologic Repository Association (NMGRA), will appear in Circuit Court in Marquette claiming that it is not a public body and therefore is not subject to public scrutiny under the Freedom of Information Act in response to requests for financial information.

In 2008 high-ranking State officials directly charged with enforcing mining safety and environmental regulations formed the Northern Michigan Geologic Repository Association as a ‘non-profit’ corporation while Rio Tinto was in the process of planning and constructing Eagle Mine. The NMGRA Board of Directors features Rio Tinto and Bitterroot Resources mining executives in addition to DEQ officials.

The Northern Michigan Geologic Repository Association is intended to fund and operate a "core shed" -- a warehouse dedicated to storing mineral core samples -- which is a function of the Office of Geologic Survey according to Michigan law. As a nonprofit 501(c)3 organization, the contributions the Northern Michigan Geologic Repository received from individuals and corporations, including over $32,000 from Rio Tinto in 2012, are fully tax-deductible.

On June 8, 2013, Save the Wild U.P. joined with Concerned Citizens of Big Bay and others calling for a federal corruption investigation of the mining industry and Michigan Department of Environmental Quality.*

Demonstrating for access to information near the Upper Peninsula MDEQ office on June 8, 2013, are, from left, Jana Mathieu, attorney; Jeffery Loman, KBIC member and former federal regulator, Kathleen Heideman, Save the Wild U.P. board vice president; and Gene Champagne of Concerned Citizens of Big Bay.

"It’s in the best interests of Michigan taxpayers and workers that state regulators are doing their jobs of watching the mining industry, not holding hands with its executives. That is why we are also calling for a federal investigation of this so-called nonprofit," said Margaret Comfort, president of Save the Wild U.P.

While Rio Tinto executives assisted in the formation of the NMGRA with state regulators, Rio Tinto constructed a 10 megawatt substation -- 400 percent of the power previously existing in Big Bay -- to electrify a core shed adjacent to the Eagle Mine site. Once the power infrastructure had been installed, the core shed was removed and Eagle Mine permit was granted a minor modification without due process or public participation.**

Citizens are invited to attend the hearing at the Circuit Court House at 234 W. Baraga Ave. in Marquette at 10:30 a.m. this Thursday, Aug. 1, to better understand the NMGRA. More information is available by writing info@savethewildup.org or by calling (906) 662-9987.

Jana Mathieu, the attorney suing NMGRA to disclose their financial information, said, "The murky facts surrounding the Northern Michigan Geologic Repository Association exemplify the need for the Freedom of Information Act and the purpose for which it was enacted: to shine a light on the actions of government officials which directly impact the citizens whom they purport to represent."

Local attorney Michelle Halley, who challenged the Eagle Mine’s permits in court, says the public deserves to better understand the NMGRA’s funding.

"The MDEQ's partnership with corporations demonstrates its inappropriate relationship with the mining industry. The MDEQ's motto of ‘the industry is our customer and we trust them’ is plain wrong. MDEQ's job is to regulate the industry, not form partnerships with them -- they've got it wrong, again," said Halley.

Kathleen Heideman, Save the Wild U.P. vice president, noted a connection between potential pollution from the Eagle Mine and the secrecy surrounding the core samples.

"It can't be overstressed how valuable these rock core samples are -- to both the mining industry and the State of Michigan," Heideman said. "The cores are key to understanding thesafety of the proposed mine, the valuation of the proposed mine, and the toxic cocktail of heavy metals that will soon be raining down on Marquette County when the mine's exhaust vent stack begins spewing unfiltered mining dust into our clean air. Further, as the TWIS (Treated Wastewater Infiltration System) is currently permitted, Eagle Mine will discharge over 500,000 gallons of water that will flow into the East Branch of the Salmon Trout River. That's why, from the beginning, public access to information has been denied and the core samples have been kept from scrutiny."***

Jeffery Loman, former federal oil regulator and Keweenaw Bay Indian Community tribal member, noted, "The collaboration with mining executives for the creation of a non-profit in order to accomplish state mandates by a high level state of Michigan manager is classic regulatory capture: when an agency is captured to operate for the benefit of a private entity and no longer functions in the state’s best interests. We must end this regulatory fiasco."

Gene Champagne of Concerned Citizens of Big Bay (CCBB), a grassroots group which has been active in monitoring regulatory oversight of Part 632, the legislation governing non-ferrous mining in Michigan, recalled CCBB's own administrative law case over Rio Tinto's power infrastructure (mentioned above).

"I find it interesting that NMGRA would bring in the same high-powered downstate law firm on a simple Freedom of Information Act issue that Rio Tinto hired to run interference for the MDEQ in the Concerned Citizens of Big Bay's administrative law case over the permitting of electric lines for Eagle Mine," Champagne said. "It almost makes you think they have something to hide."**

Save the Wild U.P. is a grassroots environmental organization dedicated to the preservation of the Upper Peninsula of Michigan’s unique cultural and environmental resources.  For more information about their work, visit their Web site at savethewildup.org.

Editor's Notes:

* See our June 18, 2013, article, "Citizens demand federal investigation of collusion between state regulators and mining industry."

** Read more about the contested case by Concerned Citizens of Big Bay against Rio Tinto/Kennecott over permitting the power infrastructure at the Eagle Mine in our Feb. 22, 2011, article, "Concerned citizens file contested case: Kennecott Eagle Mine."

*** The Environmental Protection Agency, in 2010, agreed that a federal permit was not needed for the TWIS at the Eagle Mine. See our July 2, 2010, article, "EPA: Federal permit not required for Kennecott wastewater infiltration system."

Opinion: Rio Tinto sale of Eagle Mine to Lundin Mining Corp. raises questions

By Gene Champagne*
Submitted June 21, 2013

Concerning Rio Tinto's sale of the Eagle Mine project to Lundin Mining Corporation, there is not much to react to. The permit is currently the same. The legality of the permit remains an issue, as the DEQ ignored the law and rules in granting it. The amendment for electricity remains fraudulent. I actually feel somewhat sorry for Lundin. I do not know what Rio Tinto told them, or failed to tell them, but they are in for a big surprise and probably a world of hurt.

There are reasons other than strict economic tightening that are causing Rio Tinto to give away this mine for dimes on the dollar for what they have sunk into it. I remember Jon Cherry, in a Mining Journal article a couple of years ago during an economic slowdown, stating that Eagle was a "world-class ore body" and that Kennecott (at that time) would not abandon it. Looks like the "woodshed" is pretty bare now, eh?

Rio Tinto and DEQ officials will still have to answer some very uncomfortable questions concerning their collusion in forming the non-profit Northern Michigan Geologic Repository Association (NMGRA). The answers could result in criminal complaints being filed.**

The list goes on. Is Lundin aware of the ongoing environmental issues that were not anticipated at the mine? I hope, without much hope, that the DEQ demands a more realistic and much higher financial assurance from Lundin, as this is their only mine in the U. S. and they can disappear into the night a whole lot easier than Rio Tinto/Kennecott.

Will Rio Tinto be allowed to leave with all of their financial insurance money? Will Lundin count workers from Canada as local hires, much as Rio Tinto considered workers from Wisconsin to be local? Lundin obviously will have to overcome much public skepticism and mistrust that has been created by Rio Tinto.

Editor's Notes:

* Guest writer Gene Champagne is a member of Concerned Citizens of Big Bay.

** See our June 18, 2013, article, "Citizens demand federal investigation of collusion between state regulators and mining industry."

Citizens demand federal investigation of collusion between state regulators and mining industry

By Michele Bourdieu, with information from a Save the Wild U.P. press release

Concerned citizens demonstrate near the Michigan Department of Environmental Quality (DEQ) Upper Peninsula office outside Marquette with signs calling for a Department of Justice investigation of the alleged "non-profit" Northern Michigan Geologic Repository Association (NMGRA), whose board members have included mining company executives and state regulating agency officials. (Photos © Sally Western and courtesy Save the Wild U.P. unless otherwise indicated.)

[Editor's Update: See below for a clarification concerning the geologic repositories from the DEQ's Melanie Humphrey.

MARQUETTE --  Local residents, including KBIC tribal members, Concerned Citizens of Big Bay, and Save the Wild U.P., rallied at a joint press conference on Saturday, June 8, 2013, calling for a corruption investigation related to activities of an unusual "non-profit" corporation, the Northern Michigan Geologic Repository Association (NMGRA), based in Marquette County.

Nearly two dozen citizens spent that Saturday afternoon in the Department of Environmental Quality (DEQ) Upper Peninsula office parking lot in Gwinn, holding hand-lettered signs that outlined corruption concerns, speaking with locals driving by, participating in a question-and-answer session, and reviewing what they call "the murky facts surrounding NMGRA."

Signs like this one at the June 8 demonstration refer to NMGRA's refusal to disclose financial information requested through the Freedom of Information Act (FOIA). Pictured here are, from left, Rich Sloat of Iron River (Mich.); Gene Champagne of Concerned Citizens of Big Bay; Kathleen Heideman, Save the Wild U.P. Board vice president; and Alexandra Thebert, Save the Wild U.P. executive director.

In 2008, while Rio Tinto was in the process of planning and constructing the mine at Eagle Rock, high-ranking state officials directly charged with enforcing mining safety and environmental regulations formed the Northern Michigan Geologic Repository Association as a "non-profit" corporation, whose Board of Directors featured Rio Tinto and Bitterroot Resources mining executives alongside DEQ and DNR officials. At the same time, according to Save the Wild U.P. and other environmental groups, these state officials were failing to enforce environmental and safety regulations enacted to protect the health and well-being of U.P. citizens.

Jeffery Loman, Keweenaw Bay Indian Community (KBIC) tribal member and former federal oil regulator, led the group on a walking tour of a large cinder block warehouse building located nearby, identified by signage as a "State Warehouse." The property is actually leased from the Marquette County Economic Development Corporation by the nonprofit Northern Michigan Geologic Repository Association -- and serves as its core shed, housing valuable core samples. Local workers report seeing only Rio Tinto vehicles accessing the warehouse.

This "State Warehouse" building at the former K.I. Sawyer Air Force Base, near the Upper Peninsula DEQ office outside Marquette, serves as a core shed for the Northern Michigan Geologic Repository Association (NMGRA). See UPDATE below.

According to Gene Champagne of Concerned Citizens of Big Bay, the warehouse building is a great place for hiding something.

"It looks totally neglected. Here’s this big building covered with peeling paint, surrounded by invasive knapweed and erosion gullies -- anyone driving by would assume it was a giant meth lab, not a top-secret core shed set up by mining executives and controlled by the Michigan DEQ," Champagne noted. "Peeking in the windows, you can see an emergency list of contact people that includes not  only police agencies and  hospitals, but Kennecott/Rio Tinto employees, and DEQ officials."

Near the Upper Peninsula District Office of the Department of Environmental Quality (DEQ) in Gwinn, this map taped to the wall of a large warehouse labels the facility a "State Warehouse." Core samples are stored within, but the DEQ claims no further association with NMGRA, the non-profit that has leased the warehouse and is attempting to raise money to make it a state geologic repository. (Photo courtesy Save the Wild U.P.)

Champagne says citizens can FOIA information on this for a reason.

"We need to be the watchdog of government to ensure that our business is conducted in the light of day and in the best interest of the people, not special interest," he explains. "Our elected local, state, and federal representatives and officials who all decry this type of secrecy in government need to demand action and ask questions of the DEQ."*

DEQ: State not part of NMGRA but new repository needed

Despite the "State Warehouse" sign, though, the warehouse is not (yet) an official state repository, according to at least one DEQ official.

"It's not officially part of the state at all," said Melanie Humphrey, geological technician in the Michigan DEQ Office of Oil, Gas and Minerals, Upper Peninsula District. "NMGRA is hoping to make it a geological repository for core, rock samples and records that have geological information."

Humphrey is the contact person for anyone who wishes to visit the existing geologic repository in Harvey, near Marquette. That facility is full to capacity -- thus the need for a larger storage area such as the warehouse in Gwinn. At present the repository in Harvey receives visits from the U.S. Geological Survey, graduate students, archaeologists and other persons interested in studying the core and rock samples. The repository serves as a library. Anyone can come and visit the facility in Harvey by making an appointment with Humphrey, who will open it for visitors.**

"I think it would be very nice to have a research center up here," Humphrey said.

UPDATE: In response to a question from Keweenaw Now, Melanie Humphrey sent an email today, June 18, to explain that, while NMGRA's warehouse building at the former Sawyer Air Force Base site is not owned by the state, she sometimes stores cores there because the repository in Harvey is full to capacity: "As a result, NMGRA has given permission to store core samples that have recently been released to the state from various Upper Peninsula exploration projects at the Sawyer building. I can get access to that core if needed. The core at the Sawyer building is stored on pallets and not organized; but, if someone is interested in looking at this core, I could arrange a visit to the Sawyer building with NMGRA’s permission," she writes.**

The Geologic Repository (there is a second one in Kalamazoo) is needed because of a law that requires industries (oil, gas and mining) to give the state core samples or related documents left over from exploration on state land or land with state mineral rights, Humphrey explained. If the drilling is on private property the company is not required to do this.

"It could be valuable information," Humphrey noted.

While NMGRA was formerly associated with the DNR, which leases surface state land, and the DEQ, which regulates it, apparently the non-profit organization is now separate from the state but trying to raise money to pay for the warehouse in Gwinn with the idea of making it a new state repository. Humphrey described it as "a group of people that see the value of having this repository for the state to preserve geological information."

"We wouldn't get core from an active mine, but once the mine closes the leftover core could be donated to the repository," Humphrey added. "The core that we have at our repository in Harvey is all open-record."

Hal Fitch, state geologist and chief of the DEQ Office of Oil, Gas, and Minerals in Lansing, explained that the repository fulfills a function required by Part 601 of NREPA (Natural Resources Environmental Protection Act 451), which states, "The Michigan geological survey shall provide for the collection and conservation of cores, samples, and specimens for the illustration of every division of the geology and mineralogy of this state, to the extent that facilities and funds are available to do so."***

Fitch was a member of the NMGRA board of directors when the non-profit was established in 2008 but is no longer associated with it, he said.

Fitch told Keweenaw Now he is aware of the community group's intention to request a Department of Justice investigation of NMGRA.

"I would say go right ahead because there's nothing improper (about the non-profit), and at the time we (the DEQ and the DNR, Department of Natural Resources) were involved there was nothing improper about our involvement," Fitch said.

Because of the Part 601 requirement and the fact that he was unable to secure state funding for a suitable repository to continue to collect and preserve core samples and related data, Fitch was involved in establishing NMGRA in order to provide for the future support of a repository, he explained.

"We were looking for people who utilized the core repository to support the concept," he said. "We didn't get to the point where we were soliciting funding while we were members."

Geologic repositories are a function of the Geological Survey. In 2008 Fitch's department, the Office of Geological Survey, was the Geological Survey established by Part 601. In 2011 Part 601 was revised, and the Geological Survey was established within Western Michigan University. While that is a state university, the Geological Survey is no longer part of the DEQ, Fitch explained.

Fitch was unable to say exactly when he and the DNR representative on the NMGRA board, Milton A. Gere, Jr., who is now retired, left NMGRA; but it was before 2011, he noted.

"I never contemplated seeking funding from an outside source, such as industry, for the state of Michigan or for the association (NMGRA) during the time I was a member of it," Fitch added. "The association would be a separate entity that would receive funding later. That was the concept."

Fitch noted he just wanted to get the association established. He said he believed industry, academia or grant sources might fund NMGRA later, when he would not be a part of it.

He also said there was no connection between NMGRA and the issuing of mining permits.

"No mining company or outside source offered any money to NMGRA while I was on the board of it," Fitch said.

An Oct. 28, 2008, article in the Lake Superior Mining News, states that Hal Fitch (at that time director of the DEQ's Office of Geological Survey, or OGS) formed a 501(c)(3) non-profit corporation with Kennecott and Bitterroot Resources, "registering the non-profit under the DEQ’s address with himself as the primary contact."

The article also notes, "In an October 2007 e-mail, Fitch acknowledged 'that there would be a problem with a state agency forming a corporation' but 'came up with an innovative way to address the problem: formation of a non-profit corporation that is not a part of any state agency, but in which OGS is a participating member.'"****

Electric infrastructure for Eagle Mine "core shed" installed without permit

In October 2008, Rio Tinto claimed it needed a 10-megawatt substation and miles of private power lines to electrify a core shed adjacent to the Eagle Mine site.

This was approved by Jim Sygo, DEQ deputy director, in a letter to Rio Tinto (Kennecott Eagle Minerals, or KEM) dated Nov. 7, 2008, in which he says,"The DEQ considers the planned core shed to be part of KEM continuing exploration program. It does not constitute nonferrous metallic mineral mining or reclamation and therefore is not subject to a mining permit under Part 632, Nonferrous Metallic Mineral Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended."

This October 2010 photo shows power lines being run along the AAA Road leading to the Eagle Mine without a request from (Rio Tinto's) Kennecott Eagle Minerals Co. (KEMC) for an amendment to their mining permit for this infrastructure. (File photo by Keweenaw Now)

However, once the power had been installed, the core shed was deemed unnecessary, and Eagle Mine was electrified instead -- a bait-switch move that sidestepped permitting, due process, and public participation.

"This core shed symbolizes Rio Tinto's end-run around Part 632, the legislation governing non-ferrous mining in Michigan," said Loman.

Mining companies fund core shed for state

During recent Rio Tinto community forums in Marquette and in L'Anse, Loman asked Matt Johnson, Rio Tinto Eagle Mine government and community affairs manager, about funding for the NMGRA non-profit and questioned its report of an annual income of less than $25,000 (an amount that exempts them from reporting financial information) when it has signed a 5-year lease totaling $400,000 for the core shed in Gwinn. The non-profit receives tax-deductible donations but will not reveal information about the donors or amounts.*

During the May 15, 2013, Rio Tinto Community Forum in L'Anse, Michigan, Jeffery Loman, Keweenaw Bay Indian Community member and former regulator, asks Rio Tinto's Matt Johnson questions concerning the non-profit (NMGRA), FOIA requests about it that were unanswered, and the 14th Amendment. (Videos by Keweenaw Now)

Johnson later commented on Loman's questions. In the following video clip, Johnson says state officials are not members of the NMGRA non-profit:

Matt Johnson, Rio Tinto Eagle Mine government and community affairs manager, speaks about NMGRA, the non-profit Northern Michigan Geologic Repository Association, in response to questions from Jeffery Loman at the May 15, 2013, Rio Tinto community forum in L'Anse.

"Their continual denial of access to information about their core shed (warehouse near the DEQ office) is a violation of the 14th Amendment," Loman said. "Something smells bad here. Why create a private non-profit to perform a function of the state of Michigan? The circumstances surrounding these dealings between state officials and mining companies look like a bad rash on this administration," he added. "Sunshine is the best disinfectant. Hopefully Governor Snyder will agree."

Mary Ellen Krieg, a resident of Big Bay, called the situation "a barrel of rotten apples."

No response to FOIA requests for facts about NMGRA

Attorney Jana Mathieu, who represents the Sugar Law Center for Economic and Social Justice, has sent a FOIA (Freedom of Information Act) request for financial information to NMGRA's registered agent, Ron Greenlee, a Marquette attorney; but Greenlee has repeatedly failed to respond. Mathieu eventually served him with a lawsuit for violation of the Freedom of Information Act, to which he also has refused to respond.

In her Feb. 11, 2013, FOIA request sent to Greenlee, Mathieu asked for any and all of the following: year-end reports on activities, full annual budgets and/or year-end financial statements, audits of finances, year-end reports on assets and liabilities, reports on equity ownership, statements regarding tax-exempt status, tax statements and filings, and lists of the board of directors and/or officers for three entities -- the Northern Michigan Geologic Repository Association, the Northern Michigan Geology Data Library, and the Northern Michigan Geological Repository.

"The citizens of Michigan have consistently been denied access to information with regard to this so-called non-profit," Mathieu said. "Today we are pulling back the veil of secrecy."

Demonstrating for access to information near the Upper Peninsula DEQ office on June 8 are, from left, Jana Mathieu, attorney; Jeffery Loman, KBIC member and former federal regulator, Kathleen Heideman, Save the Wild U.P. board vice president; and Gene Champagne of Concerned Citizens of Big Bay.

NMGRA is a public body under the Freedom of Information Act because the DEQ and Michigan Office of Geological Survey were key players in the formation of the non-profit, Mathieu explained.

The non-profit status of NMGRA allows mining companies to make tax-deductible donations to state (public) agencies, she noted.

"They're donating this money to the state regulators who are responsible for regulating their mines and enforcing safety and environmental regulations against these mining companies," Mathieu said.

Loman agreed: "I just think it's an extremely bad way to do government business -- to form a non-profit with mining companies that the state is supposed to regulate," he added.

Mathieu noted the question becomes "What are these mining companies getting from this?"

"That's why we're calling for an investigation by the Department of Justice of this non-profit," Mathieu said. "There's a strong argument that it does violate the Michigan Ethics Act."*****

Attorney Michelle Halley of Marquette said, "As things stand, there’s no plan for any independent review of the quantity, content and grade of the ore removed at Eagle Mine. Essentially, that means the state is allowing Rio Tinto to self-report its income which serves as the basis for the taxes due the state. The DEQ's Hal Fitch will just take Rio Tinto's word for it; and in turn, Hal Fitch wants every taxpayer in Michigan to take his word for it."

For several years Halley represented the National Wildlife Federation in a contested case against the DEQ and Kennecott (Rio Tinto), challenging the mining permit for the Eagle Mine. The case is now at the Michigan Court of Appeals. Other parties challenging the permit in the case are the Keweenaw Bay Indian Community, the Yellow Dog Watershed Preserve and the Huron Mountain Club.

"It was through the contested case, for which I was one of the attorneys, that we found out about this non-profit organization," Halley said. "I support citizens finding out the truth and state officials being accountable for accepting money from private industry, especially when it's the same state officials who make the permitting recommendations for those same companies."

"There are serious concerns about the connections between the mining industry and the regulatory role of the state," agrees Alexandra Thebert, executive director of Save the Wild U.P. "In the best interest of all Michiganders, we are calling for the Department of Justice to investigate."

Projected sale of Eagle Project to Lundin Mining Corporation would not alter plans for investigation

The news (released last week) about Rio Tinto's plans to sell the Eagle Project to the Lundin Mining Corporation does not change the plans by Save the Wild U.P. and other groups to call for a Department of Justice (DOJ) investigation.

"No change here -- same mine, same state permits and lousy state regulators," says Jeffery Loman. "If Rio Tinto executives violated the law, selling Eagle Mine isn't going to get them off the hook."

Gene Champagne agreed: "As far as I am concerned, it does not change my call for a DOJ investigation. The NMGRA is going nowhere and neither is RT. They still have large landholdings and mineral leases in the UP. RT is just moving on to another deposit in the UP and leaving Lundin with the mess they started at Eagle."

In response to a question from Keweenaw Now, Rio Tinto had little to say about the potential investigation.

"We are aware of the recent allegations made by a group of community members," said Dan Blondeau, director of communications and media relations for Rio Tinto Eagle Mine.

Concerning Rio Tinto's future plans in the region following the sale of the Eagle Project, Blondeau said, "The binding agreement between Rio Tinto and Lundin Mining Corporation is for Eagle Mine -- which includes the mine, mill, and selected property  adjacent to the mine. Rio Tinto controls roughly 400,000 acres of mineral rights in the UP and is assessing future plans with other exploration efforts."

Notes:

* Click here for an overview of NMGRA's non-profit status.

** Click here for the DEQ page on Michigan's two geological repositories. The page gives contact information for Melanie Humphrey and links to information on the repositories. UPDATE: According to Humphrey, NMGRA’s intention is that at some point the building at Sawyer will be run by a state agency or the Michigan Geological Survey, which is not a state regulatory agency. The Michigan Geological Survey is currently an entity within Western Michigan University, which oversees its operations.

*** See Part 601, Section 324.60105: Michigan geological survey; collection and conservation of cores, samples, and specimens.

**** See the Oct. 28, 2008, article, "DEQ and Kennecott Form a Non-Profit Corporation," in Lake Superior Mining News.

***** Click here to learn about the Michigan Ethics Act.

Upper Peninsula citizens skeptical of Rio Tinto "Community Forums"

By Michele Bourdieu with press release from Save the Wild U.P.

The decline tunnel for the portal to Rio Tinto's Eagle Mine descends under Eagle Rock, at left, a sacred Ojibwa site. Keweenaw Bay Indian Community tribal members are allowed to visit Eagle Rock, but still object to the placement of the mine portal. (Keweenaw Now file photo, August 2012)

MARQUETTE -- As Rio Tinto continues another round of community forums, local citizens voiced their skepticism at Marquette’s Rio Tinto Eagle Mine Community Forum Tuesday, May 14.

"Rio Tinto portrays this data as scientific -- but that could not be farther from the truth," said Kathleen Heideman, vice president of Save the Wild U.P. (SWUP). "Their 'data' from the last round polled less than 300 people -- hardly representative of the 76,502 residents of Marquette and Baraga counties. It's a global mining corporation's idea of democracy: first they show slides about how great they are -- then we should click to indicate our agreement. That's meaningless. It's not voting."

One category of the voting, "Leaving more wood on the woodpile," is intended to show Rio Tinto's contributions to benefit the community after they leave. SWUP President Margaret Comfort commented on one of the these.

"I am surprised to see the addition of 30 miles of power lines referred to as 'more wood on the woodpile,'" said Comfort. "Rio Tinto manipulated the public process by saying they needed 30 miles of power lines for mining exploration and then sought a small modification to their Eagle permit to bring the lines to the mine site. It might be illegal, and it’s definitely unethical. They should have had their Eagle Mine permit modified, which would have included public scrutiny to discover if the public approved of this action."*

This October 2010 photo shows power lines being run along the AAA Road leading to the Eagle Mine without a request from (Rio Tinto's) Kennecott Eagle Minerals Co. (KEMC) for an amendment to their mining permit for this infrastructure. (File photo by Keweenaw Now)*

Jeffery Loman, Keweenaw Bay Indian Community tribal member and former federal oil regulator, spoke about Eagle Rock, the Ojibwa sacred site used as a portal for the mine.

"Rio Tinto touted 75 visitors to Eagle Rock as demonstration of their willingness to work with Native Nations. But we know full well that Rio Tinto placed the mine portal into Eagle Rock for one reason and one reason only: They knew that this would draw the attention away from what all Upper Peninsula residents value -- water," Loman noted. "That worked yesterday but from this day forward we will, as guided by our Great Spirits, bring the attention squarely back to the protection of our waters and everything that depends on water."

SWUP Executive Director Alexandra Thebert commented on the fact that, in early April, citing "economic headwinds," Eagle Mine announced the layoffs of 11 employees and downsized contractors by 20 per cent.

"Rio Tinto representatives announced the life of the mine has been extended to 8 years by discovering a 20 per cent increase in ore, but that’s no career for the people working in the area. The U.P. needs and deserves stable jobs to support families and send kids to college, not layoffs and short-term work," said Thebert, who recently attended Rio Tinto's Annual General Meeting (AGM) for stockholders in London, England.** 

Save the Wild U.P. is a grassroots environmental organization dedicated to the preservation of the Upper Peninsula’s unique cultural and natural resources.

Rio Tinto will hold their next community forum on the Eagle Mine from from 6 p.m. to 7:30 p.m., with additional time afterwards for discussion, TONIGHT, May 15, at the L’Anse American Legion Building, 115 N. Front St., L'Anse, MI 49946.***

Editor's Notes:

* Concerned Citizens of Big Bay filed a contested case petition on this electric power issue in 2011. See our Feb. 22, 2011, article, "Concerned citizens file contested case: Kennecott Eagle Mine."

** See our Apr. 20, 2013, article, "Save the Wild U.P. Director Alexandra Thebert speaks about Rio Tinto's Eagle Mine at events in London."

*** See "Rio Tinto Community Forum to be held in L'Anse May 15; videos: Sept. 2012 forum held in L'Anse."

Big Bay citizens' kayak trip to raise funds for third-party air monitoring program at Eagle Mine

BIG BAY -- Some members of Concerned Citizens of Big Bay are having a kayaking fundraiser to help create public awareness for an independent, third-party air monitoring program for the Eagle Mine.

This is a view of the bay of Big Bay, where kayakers will set out on one part of their fundraising journey, which will be divided into two trips for safety concerns. (Photo © and courtesy Gene Champagne of Concerned Citizens of Big Bay)

The group -- Carla and Gene Champagne, Ben Kent. Emily Whittaker, Cynthia Pryor, and Bill Kinjorski -- will soon kayak from the mouth of the Iron/Yellow Dog River to the mouth of the Salmon Trout River. This fundraiser will fulfill part of a Fresh Water Future grant of $2,500 the group received last year. The kayakers are also the proposed Eagle Mine Air Quality Monitoring Team.

"The fumes (from the Eagle Mine) are making folks nauseous. Kennecott is venting right into the pristine air up there," says Gene Champagne, author of a recent opinion article on this issue, published in the Marquette Mining Journal on June 3, 2012.

In that article, Champagne writes, "The time has come to seek the best available, and least disputable, science with regards to air quality monitoring for the Eagle Mine in northern Marquette County and any other hard rock (sulfide) mines that follow. To this end. the Powell Township Board, at its May 22 meeting, passed a resolution that calls for an independent, third party air monitoring program for any current and future mines that may affect Powell Township."*

The second part of the kayaking trip will require crossing Big Bay (3.5 miles across), resting perhaps at the black rocks on the west side of the bay, and then continuing around Salmon Trout Point (center of this photo) and into Salmon Trout Bay and the mouth of the Salmon Trout River. Lake Superior can be seen to the right beyond the point. (Photo © and courtesy Gene Champagne of Concerned Citizens of Big Bay)

Two other members of this group, Carla Champagne and Cynthia Pryor, recently requested this independent, third-party air monitoring program for the Eagle Mine at Rio Tinto's Annual General Meeting with shareholders in London, England.**

Concerned Citizens of Big Bay will be collecting donations through July on their Web site and plan to post photos of the two-day kayaking trip on the site as well. The kayakers hope to start the journey, which is weather and wave dependent, this month (or possibly as early as this week). They have a maximum of six kayakers in order to leave little to no footprints and impact upon the private lands they will be launching from.

Concerned Citizens of Big Bay fund many of their activities out of their own pockets, with the help of supporters.

"If you can give a little to our own fundraiser we can hopefully have some added impact to the proper and scientific monitoring at Eagle Mine," Gene Champagne notes.

Click here to donate to the fundraiser on the group's Web site.

Editor's Notes:
* Click here to read Gene Champagne's guest op-ed article, "Science, public relations are two different things."

** In case you missed it, see Keweenaw Now's updated May 23, 2012, article, "Big Bay residents report on Rio Tinto AGM in London."

Two Big Bay residents to address air quality concerns at Rio Tinto London meeting Apr. 19

BIG BAY, MICH. -- Two Upper Peninsula women are traveling to London, England, to attend the Rio Tinto Annual General Meeting taking place April 19, 2012.

Carla Champagne of the grassroots citizens group Concerned Citizens of Big Bay and Cynthia Pryor of the Yellow Dog Watershed Preserve plan on attending the Rio Tinto AGM meeting for two reasons: 1) the lack of air monitors at or near Rio Tinto / Kennecott's Eagle Mine and 2) Rio Tinto / Kennecott's intention to remove air filter controls from the Main Vent Air Raise of the Eagle Mine.

"Air Quality is of prime importance to the people and community of Big Bay," states Carla Champagne. "We are directly downwind; and no one -- including Kennecott and the DEQ (Michigan Department of Environmental Quality) -- knows what is currently in the air coming from this mine, or, even more importantly, what will be coming from the mine once they are in full operation. There are no air monitors either at the mine or anywhere near Big Bay. We will be asking the Rio Tinto Board of Directors and their shareholders for a comprehensive air quality program to be installed in the region -- a program that will be regulated by the DEQ, monitored by DEQ-approved third party scientists -- and all costs paid for by Kennecott."

Cynthia Pryor considers this meeting an opportunity to express outrage at Kennecott’s new Air Quality application to remove the air filter controls from the Main Vent Air Raise, which will be used as the only exhaust for all the underground mine workings of the Eagle Mine.

"This 65-foot high stack sits within 150 feet of the Salmon Trout River," Pryor said. "We worked hard to get the air filter included as part of Kennecott’s original Air Quality permit as they intended the mine exhaust to be vented directly to the air. Now, they are back pedaling and want this air filter to be removed. We are vehemently opposed to such a notion, and we wish to make this clear to the Rio Tinto Board."

Rio Tinto filed their new Air Quality permit March 20, 2012; and the DEQ Air Quality Division is currently evaluating it. Public hearings for this application have been requested for Big Bay and Lansing. The application is on the DEQ website at http://www.deq.state.mi.us/aps/AppsOfInterest.shtml.