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Showing posts with label Michigan Dept. of Environmental Quality (MDEQ). Show all posts
Showing posts with label Michigan Dept. of Environmental Quality (MDEQ). Show all posts

Monday, August 20, 2018

DEQ to hold public hearing Aug. 21 on Humboldt Mill permits for Eagle Mine; public comment periods announced

Aerial view of the Humboldt Mill Wastewater Treatment Plant and the north end of the Humboldt Pit Lake, referred to as the "Humboldt Tailings Disposal Facility" (HTDF). (2017 Photo © and courtesy Jeremiah Eagle Eye)

MARQUETTE -- The Michigan Department of Environmental Quality (MDEQ) is holding a consolidated public hearing from 6 p.m. to 8 p.m. on Tuesday, August 21, 2018, at Westwood High School auditorium, 300 Westwood Drive, Ishpeming, Michigan 49849, to hear comments regarding the following:

(1) The MDEQ’s proposed decision to grant a request submitted by Eagle Mine LLC to amend Mining Permit MP 01 2010, issued under Part 632, Nonferrous Metallic Mineral Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, for approval to add additional tailings to the Humboldt Tailings Disposal Facility to a higher elevation than previously authorized. For additional information, contact Melanie Humphrey, MDEQ Oil, Gas, and Minerals Division, 1504 West Washington Street, Marquette, MI 49855, 906-250-7564.*

(2) The MDEQ’s proposed decision to modify an NPDES discharge permit issued to Eagle Mine, LLC, Humboldt Mill. The applicant proposes to discharge treated process wastewater, treated laboratory wastewater, treated water treatment backwash, treated sump water, and treated storm water to a new outfall through a pipeline directly to the Middle Branch Escanaba River.
Address of permittee: Eagle Mine LLC,
4547 County Road 601
Champion, MI 49814
Location of mining area: Sections 2 and 11, T47N, R29W, Humboldt Township, Marquette County.

Participants in the hearing will be asked to fill out attendance cards at the entrance of the auditorium indicating intentions to speak. Following opening remarks at the start of the hearing, participants will be called to speak in the order of cards received. Presentations will be limited to three minutes. Opportunities for additional time to speak may be offered if time allows.

Written comment deadlines: Sept. 18, Aug. 31, 2018

The DEQ will accept written comments on the Mining Permit Amendment Request from date of the hearing until 5 p.m. September 18, 2018. Comments may be mailed to MDEQ/OGMD, 1504 West Washington Street, Marquette, MI 49855, or E-mail comments to DEQ-Mining-Comments@michigan.gov with "Humboldt Mill" as the subject.

The DEQ will accept written comments or objections to the proposed NPDES permit modification until August 31, 2018. The written comments or objections will be considered in the final decision to issue the permit. Persons wishing to submit comments regarding the NPDES permit modification should go to https://miwaters.deq.state.mi.us/miwaters/#/external/publicnotice/info/-4966034863216180101/details and click 'Add Comment,' enter information into the fields, and then click 'Submit.' Inquires should be directed to Renee Pionk, Permits Section, Water Resources Division (WRD), MDEQ, P.O. Box 30458, Lansing, Michigan, 48909-7958; 517-284-5573; pionkr@michigan.gov.

Documents available

Documents pertaining to the Humboldt Mill Mining Permit Amendment Request and proposed decision may be accessed at the following web page under "Humboldt Mill Permit Amendment": http://www.michigan.gov/deq/0,4561,7-135-3311_18442-359902--,00.html

Copies of the NPDES permit application, public notice, Antidegradation Demonstration, basis for decision memo, and draft permit are available for review at https://miwaters.deq.state.mi.us/miwaters/#/external/publicnotice/info/-4966034863216180101/documents or at the WRD’s Upper Peninsula District Office located at 1504 West Washington Street, Marquette, Michigan 49855; telephone 906-228-4853.

* Editor's Note: For background see our Jan. 2, 2018, article, "Environmental groups, Keweenaw Bay Indian Community question Lundin Mining's permit amendment request for Humboldt Mill tailings disposal."

Monday, November 20, 2017

MDEQ to hold public meeting on Humboldt Mill permit amendment request Nov. 27

Outflow from Humboldt Mill basin. (Photo © Jeremiah Eagle Eye and courtesy Yellow Dog Watershed Preserve)

MARQUETTE -- The Michigan Department of Environmental Quality (MDEQ), Oil, Gas, and Minerals Division, will hold a public meeting from 6 p.m. to 9 p.m. on Monday, Nov. 27, 2017, at the Westwood High School auditorium, 300 Westwood Drive, Ishpeming, Michigan 49849, regarding Lundin Mining’s request to amend their Humboldt Mill Mining Permit MP 01 2010, issued under Part 632, Nonferrous Metallic Mineral Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The public comment period will follow the meeting through 5 p.m., Dec. 26, 2017.

Lundin is requesting approval to place tailings to a higher elevation in the Humboldt Tailings Disposal Facility than currently permitted. The MDEQ has determined that the request constitutes a significant change from the conditions of the approved mine permit, and as such the review of the request will proceed as for a new permit application.
 
The purpose of the meeting is for MDEQ to (1) notify the public that an amendment request is under review and how to access relevant documents (2) provide information regarding the review process and how to submit comments, and (3) receive questions and comments from the public for the MDEQ to consider prior to making a proposed decision.

Written comments will be accepted at the meeting, and until 5 p.m. Dec. 26, 2017. Mail comments to DEQ Humboldt Mill Amendment Request, Oil, Gas, and Minerals Division, 1504 West Washington Street, Marquette, MI 49855, or E-mail comments to the designated MDEQ mailbox at DEQ: Mining-Comments@michigan.gov, including "Humboldt Mill Amendment Request" as the subject.

The Humboldt Mill Amendment Request document is located on the following DEQ web page:
http://www.michigan.gov/documents/deq/deq-ogmd-mining-Eagle_Mine_Humboldt_Mill_Part_632_Amendment_Request_-_Condition_F4_595910_7.pdf 

Documents related to the Humboldt Mill Mining Permit are located on the following web pages: 

Mining Permit MP 01 2010: 
http://www.michigan.gov/documents/deq/Kennecott_Humboldt_Mining_Permit_387350_7.pdf

Environmental Impact Assessment:
http://www.michigan.gov/documents/deq/DEQ_FTP_372266_7.pdf 

Nonferrous Metallic Mining Website: 
http://www.michigan.gov/deq/0,4561,7-135-3311_18442-359902--,00.html


Individuals needing accommodations for effective participation at the hearing should contact Tina Coluccio, 906-228-4524 one week in advance of the hearing date to request mobility, visual, hearing, or other assistance.

Friday, April 08, 2016

EPA posts Web site with information on L'Anse Warden Plant Clean Air Act investigation

By Michele Bourdieu

Railroad ties, one of the fuel sources used in the L'Anse Warden Electric Co. power plant, are stacked near the plant in L'Anse. Michigan Department of Environmental Quality dust wipes taken east of the plant have been analyzed by U.S. Environmental Protection Agency and found to contain pentachlorophenol, a wood preservative used in railroad ties, as well as multiple metals and polycyclic aromatic hydrocarbons, or PAHs. According to the EPA's new Web site on the L'Anse Warden Plant, at this time EPA doesn’t have enough information to determine whether the levels found in the dust wipes were excessive or could cause health problems. Additional investigation is needed to determine risks to the community.* (Keweenaw Now file photo © and courtesy Horst Schmidt)

L'ANSE -- The U.S. Environmental Protection Agency (EPA) Region 5 recently posted a Web site with information on the L'Anse Warden Electric Company (LWEC) to provide publicly available information on EPA's Clean Air Act investigation of the LWEC.*

EPA is working closely with the Michigan Department of Environmental Quality (MDEQ) to investigate L'Anse area residents’ concerns about odors and fugitive dust coming from the LWEC plant, address potential health risks and determine compliance with environmental regulations.

In an April 1, 2016, letter to Linda Rulison, president of FOLK (Friends of the Land of Keweenaw), Molly Smith, U.S. EPA Region 5 environmental scientist (Air Enforcement and Compliance Assurance, MI/WI Section), states, "At this time we would like to draw your attention to some new information that became available this week. MDEQ, at the request of EPA, collected dust wipe samples at four locations in the L’Anse, Michigan, community. Results of that sampling have been finalized and are available to view on the web."

At present the Web site includes links to the following: EPA requests to LWEC for information related to their emissions, MDEQ violation notices to LWEC, test results and a history of L'Anse Warden permits.

* Click here for the EPA's L'Anse Warden Power Plant Web site.

Sunday, January 24, 2016

Save the Wild U.P.: "Flint is not a fluke"

From Save the Wild U.P. 

MARQUETTE -- Grassroots environmental group Save the Wild U.P. (SWUP) is calling on the Obama Administration to appoint an individual with proven leadership experience in environmental protection to fill the top position at the Environmental Protection Agency’s (EPA) Region 5 headquarters, following the resignation of EPA Administrator Susan Hedman on Thursday, Jan. 21.

"This situation is urgent and new leadership is critical," said Alexandra Maxwell, SWUP’s executive director. "The EPA needs a leader with an environmental track record, not a career administrator or an industry insider. All Hedman did was throw the problem back at the Michigan Department of Environmental Quality (MDEQ). Meanwhile, an entire city was being poisoned."

In December, MDEQ Director Dan Wyant resigned his position as the scope of the water crisis was revealed.

"What has happened in Flint is egregious," said Michelle Halley, Marquette attorney and advisory board member for Save the Wild U.P. "The public who relies upon their elected officials and the agencies they oversee should know that the problems do not stop in Flint. The same attitude of disregard for citizens and the environment has repeated itself in DEQ decisions across our state for well over a decade."

Halley noted the EPA watched while this happened in Michigan, but they did nothing.

"Flint is not a fluke," said Halley. "Flint reflects the failure of values and lack of thoroughness that has become habitual with Michigan politicians and environmental regulators."

Kathleen Heideman, Save the Wild U.P. president, said she was not surprised by Hedman's resignation.

"I’m afraid the problems in Flint are just the tip of the iceberg," Heideman said. "EPA Region 5 has been turning a blind eye to environmental degradations happening right here in the Upper Peninsula of Michigan, as well. For years, we’ve been calling on the EPA for transparency, accountability and enforcement actions."

In 2015, Save the Wild U.P. brought water quality and permitting problems to the attention of the Environmental Protection Agency -- specifically, discharges of industrial wastewater to the Salmon Trout River (from Eagle Mine), and the Middle Branch of the Escanaba River (from the Eagle Mine’s Humboldt Mill). SWUP petitioned the EPA’s Environmental Appeals Board to uphold the Clean Water Act. The group also requested the veto authority of the EPA over wastewater discharges at the Humboldt Mill, which are known to pollute riparian wetlands of the Middle Branch of the Escanaba River.*

According to Gail Griffith, professor emeritus of chemistry at Northern Michigan University and Save the Wild U.P. board member, "When it comes to water quality, mining companies view the U.P. as a Third-World economy; Lundin Mining called us a 'low-risk jurisdiction' when they purchased the Eagle Mine, referring to our historical experience with mining, the complicity of state regulators, and the EPA’s lack of interest in our environmental problems."

Jeffery Loman, former federal oil regulator and Save the Wild U.P. advisory board member, noted the incompetence of both federal and state regulatory agencies.

"It took the poisoning of hundreds of poor children to demonstrate that the leaders of both EPA Region 5 and Michigan's Department of Environmental Quality were incapable of properly managing those organizations. Why did it take a catastrophe after we provided an abundance of evidence over the last 5 years demonstrating that they were inept?" Loman said. "The EPA has been too busy commemorating, celebrating and congratulating -- mostly themselves -- to care about enforcing water quality."

Maxwell added SWUP simply asks for new, competent leadership.

"Michigan and the Great Lakes deserve real environmental leadership," she said. "We look forward to establishing a positive working relationship with EPA Region 5 in 2016."

Founded in 2004, Save the Wild U.P. is a grassroots environmental organization dedicated to preserving the Upper Peninsula of Michigan's unique cultural and environmental resources. For more information contact info@savethewildup.org or call (906) 662-9987. Get involved with SWUP’s work at savethewildup.org on Facebook at facebook.com/savethewildup or on Twitter @savethewildup.

* See our August 2, 2015, article on citizen concerns about wastewater discharges from the Humboldt Mill.

Monday, January 11, 2016

Save the Wild U.P.: MDEQ needs real leadership in 2016

MARQUETTE -- Grassroots environmental group Save the Wild U.P. (SWUP) is calling on Governor Snyder to appoint an individual with proven experience in environmental protection to fill the leadership vacuum at Michigan’s Department of Environmental Quality (MDEQ), following Director Dan Wyant’s resignation. Wyant resigned, along with a top MDEQ public relations staffer, after a State Task Force blamed MDEQ for Flint’s water quality crisis.

"This situation is urgent and new leadership is critical," said Alexandra Maxwell, SWUP’s executive director. "The MDEQ needs a leader with an environmental track record, not a career administrator or an industry insider. The clock is ticking on a number of environmental permits currently under review by the MDEQ -- including a mine permit application for what could be Upper Michigan’s second sulfide mine."*

Maxwell added that the lack of MDEQ leadership means the task of defending clean water and wild places falls to grassroots organizations such as Save the Wild U.P., FOLK (Friends of the Land of Keweenaw), Front 40, and Yellow Dog Watershed Preserve.

In the case of the Flint crisis, that task has fallen to ordinary citizens whose lives and health depend on their water supply, noted Kathleen Heideman, SWUP president.

"At the highest level, MDEQ leaders have repeatedly failed to protect water quality in Michigan. The MDEQ can’t go on treating our priceless rivers like sewer pipes, useful only for flushing away wastewater discharges," Heideman said. "I applaud the concerned citizens in Flint who spoke out in order to sound the alarm about their contaminated water -- that’s grassroots activism. These ordinary citizens are truly heroes. It’s clear that the EPA only got involved in Flint because of citizen efforts, while the DEQ tried to cover up the problem."

Steve Garske, SWUP board member, said the Governor needs to do more than apologize.

"Michigan visitors, residents, and wildlife alike depend on clean water -- for everything from habitats to recreation to drinking water," Garske said. "The Governor has apologized for the DEQ’s failure to ensure that the city of Flint had a safe water supply, for disregarding the concerns of local citizens and denying there was a problem. Now we hope he gets serious about reorganizing the MDEQ so that it works for the people of this state, instead of benefiting the big corporate polluters they’re supposed to be regulating."

According to Jeffery Loman, Keweenaw Bay Indian Community tribal member and former federal oil regulator, Dan Wyant was hand-picked as MDEQ director for the very purpose of benefiting industry at the sake of the environment.

"Wyant was totally incapable of managing the agency," Loman said. "Snyder needs to be held accountable for appointing Wyant, just as he should now be held accountable for the egregious mismanagement of Flint’s water quality crisis."**

SWUP's Maxwell summed it up: "Our message to Governor Snyder is simple," she said. "In 2016, Michigan deserves real environmental leadership."

UPDATE: In a recent email, Gene Champagne of Concerned Citizens of Big Bay told Keweenaw Now that experience with the permitting process for the Eagle Mine has made him aware of the need for house cleaning in the upper echelons of state government and the MDEQ.

"The 'Flint Water Crisis' does not surprise people here in the UP who have witnessed first hand the current culture, as imposed by upper management, the MDEQ, our legislature, and our governor," Champagne said. "Those who have followed the permitting process for the Humboldt Mill and especially Eagle Mine have witnessed data manipulation and non-compliance for developing and enforcing the law and rules set forth in Part 632 of our state's mining laws. Perhaps now those with the authority to do so will take a serious look at what has already been presented to them, both in Flint and the UP, and clean house at the MDEQ. The citizens of this state need to know that MDEQ is there to protect them and the environment. Currently the DEQ makes a mockery of the permitting process to the benefit of the applicant at the expense of our children and grandchildren. My heart goes out to the residents, and especially the children, of Flint. I also feel for those at the MDEQ who are trying to do a good job, only to be overturned and given orders from the upper echelons."

Founded in 2004, Save the Wild U.P. is a grassroots environmental organization dedicated to preserving the Upper Peninsula of Michigan’s unique cultural and environmental resources. For more information contact info@savethewildup.org or call (906) 662-9987. Get involved with SWUP’s work at savethewildup.org on Facebook at facebook.com/savethewildup or on Twitter @savethewildup.

Editor's Notes:

* See "Environmentalists criticize proposed open-pit sulfide mine near Menominee River; MDEQ to hold Public Hearing Jan. 5," posted by Keweenaw Now on Jan. 4, 2016.

** See a video from Rachel Maddow's MSNBC show on Dec. 19, 2015: "Flint toxic water tragedy points directly to Michigan Gov. Snyder." 
See also this excellent article on Truth Out: "Brain Damage: Children Suffer the Consequences of Anti-Regulation in Michigan."

Thursday, December 31, 2015

New Houghton County Cardboard Recycling Center to open Jan. 4

This map shows the approximate location of the new Houghton County Cardboard Recycling Center in Atlantic Mine.

HOUGHTON -- If you're a Houghton County resident but not a resident of the City of Hancock, which has curbside recycling, you can benefit from FREE recycling of CARDBOARD beginning Monday, Jan. 4, at the new Houghton County Cardboard Recycling Center located adjacent to the Houghton County Transfer Station in Atlantic Mine.*

Hours will be Monday through Friday from 8 a.m. to 4 p.m. and Saturday 8 a.m. to 2 p.m. DRIVING DIRECTIONS FROM HOUGHTON: Head west on highway M26 toward Atlantic Mine/South Range. One mile past the stoplight at Green Acres Road turn right onto Erickson Drive. The Recycling Center is on the right after about 0.1 mile. The address is 17808 Erickson Dr. Call (906) 482-8872 for information.

Acceptable materials are the following: corrugated cardboard; boxes made of paperboard (shoe, cereal, detergent boxes…); brown grocery bags and packaging; frozen pizza boxes; boxes with small amounts of tape, staples, plastic windows.

Note: All boxes should be free of food and flattened/broken down. Do not place recyclables in plastic bags.

Unacceptable materials: food; grease- or oil-saturated materials; paper products such as newspapers, magazines, junk mail; plastic or plastic bags; styrofoam.

The cardboard products you recycle will be sold to industries that use recycled cardboard to manufacture new products. The money from the sale of the cardboard will be used for operating costs at the Houghton County Recycling Center.

Cardboard and paper waste make up 41 percent of the municipal solid waste stream; in other words, cardboard is the biggest manufactured product in the waste stream by weight.

Recycling cardboard takes 24 percent less energy and produces 50 percent less sulfur dioxide than making cardboard from raw materials. Individuals who recycle will see a reduction in their costs for waste disposal. Waste Management is now charging for recycling, but at the Houghton County transfer station this cardboard recycling is free for residential users; commercial users must check with the office for rates.

One ton of recycled cardboard saves 390 kW hours of electricity, 46 gallons of oil, 6.6 million Btus of energy and 9 cubic yards of landfill space.

The Houghton County Cardboard Recycling Center is funded with a $90,000 grant from the Michigan Department of Environmental Quality (MDEQ) to Houghton County. The Copper Country Recycling Initiative and the Houghton County Board of Commissioners were instrumental in the development of this new cardboard recycling center.

Celebration Jan. 16 at Portage Lake District Library

Celebrate the opening of the Houghton County Cardboard Recycling Center at a special, fun-filled event planned for 11 a.m. - 1 p.m. Saturday, Jan. 16, at the Portage Lake District Library. Lots of fun hands-on activities for kids are planned, including Making Paper, Garbage Pizzas, Recycling Machine, Making Forts, Waste-Free Lunch Safari, and more! A recycling display and information on plans for how to improve curbside recycling in Houghton County will be available, including information on how you can get involved.

Everyone is invited to enjoy FREE refreshments and cake. Several children’s recycling books and other prizes will be raffled.

*Editor's Note: Hancock residents are encouraged to take advantage of monthly curbside recycling, usually on the last Thursday of the month. Click here for details.

Wednesday, September 16, 2015

Groups cite deficiencies in draft air permit for L’Anse Warden plant, potential health hazards from emissions

The playground, left, for the BHK Child Center (preschool) in L'Anse, Mich., is very close to the smokestack of the L'Anse Warden "biomass" plant (behind building). Environmental groups are concerned that a draft renewal air permit is not protective enough. In winter black particulate matter from the plant's emissions is found regularly in the snow where children play. (Photo courtesy Diane Miller)

L'ANSE -- Two environmental groups have charged that a draft state renewal air permit for a power plant located in Michigan's Upper Peninsula provides little or no protection to residents of L’Anse, who have suffered acrid fumes and soot-stained playgrounds from the plant’s emissions.

Michigan-based Friends of the Land of Keweenaw (FOLK) and Massachusetts-based Partnership for Policy Integrity (PFPI) filed comments with the Michigan Department of Environmental Quality (MDEQ) on a draft renewal emissions permit for the L’Anse Warden "biomass" power plant, alleging that "many significant deficiencies" in the document require a public hearing and a rewritten permit.

The plant was converted from coal in 2009 and is permitted to burn waste wood, including creosote- and pentachlorophenol-treated railroad ties, and shredded tires. The facility received an $11,690,566 taxpayer-funded "clean energy" Federal grant in 2010, but did not undergo any significant upgrades in its pollution control equipment.

L'Anse resident Catherine Andrews said, "This plant has been a major source of pollution for years, but the company keeps claiming they’re within the terms of their permit. If that’s true, then the permit needs to be made much more protective."

Andrews and Diane Miller presented their concerns about the L'Anse Warden plant in a presentation titled "Power from Trees? An Investigation into the Issues Behind Biomass Claims" at the Portage Lake District Library in April 2015.

This slide from Andrews and Miller's presentation at the Portage Library lists the types of fuel permitted to be burned  -- and the amounts per day -- at the L'Anse Warden plant. (Photo by Keweenaw Now)

In the following video clip, Miller describes the plant's proximity to the preschool, and elementary school and the local health department. Andrews enumerates potential health hazards from burning wood (wood alone, not even including other toxic emissions from railroad ties and tires).

During an April 2015 presentation on biomass at the Portage Lake District Library, Diane Miller and Catherine Andrews talk about the potential health effects from emissions coming from the L'Anse Warden biomass plant in L'Anse, Michigan. They note its proximity to a local preschool, elementary school and health department. (Video by Keweenaw Now)

Among the numerous deficiencies cited by FOLK and PFPI are no limits on soot-blowing despite "periods of soot-blowing three times a day." In a letter accompanying the comments, an employee of the BHK Child Center in L’Anse told the Department of Environmental Quality the following:

"During the winter months black particulate matter is found in the snow on a regular basis. By late winter and early spring the black residue in the snow is very noticeable, with lined black strata in the pinkish hued snow. Children with light colored snow pants leave the playground with black streaks of soot-looking stains. Parents have complained about these marks. Mittens or uncovered hands are subject to the same black debris found in the snow… We are also breathing the same air in which the particulate matter is traveling in. We always have some children and staff with respiratory and/or asthma conditions….The wind pattern regularly blows stack emissions over not only our center, but also public family housing, the Bayside Nursing Home, and the Sacred Heart Elementary School."

Other permit deficiencies identified by the groups include no testing or monitoring requirements for toxic pollutants commonly emitted by burning tires and waste wood. The plant is allowed to burn railroad ties preserved with creosote and pentachlorophenol, a pesticide that according to EPA is extremely toxic to humans. According to news accounts and other public documents, the plant also burns construction and demolition wastes that can contain arsenic, lead and mercury.

Owned by parent company Traxys, the Warden facility has a higher allowable rate of sulfur dioxide emissions than most coal plants in Michigan, and has the highest allowable emission rate for nitrogen oxide, a smog precursor. The plant does not employ emissions controls for either sulfur dioxide or nitrogen oxides. The groups also noted that the permit requires testing for these major pollutants only once every five years. (The air permit must be renewed every five years.)

"L’Anse Warden’s tagline of 'Bringing Green To Michigan' is a sad irony given that this plant emits toxic pollution with impunity," said Mary Booth, PFPI director. "Unfortunately, a lot more communities could face so-called 'green' power plants unless state renewable energy standards are reformed to eliminate subsidies for biomass and waste-burning."

The Michigan Department of Environmental Quality will hold a public hearing on the permit, with time and date to be announced. Ed Lancaster is MDEQ’s contact for the permit. Written comments can be sent to Lancaster at: Upper Peninsula District Office, Department of Environmental Quality, Air Quality Division, 1504 West Washington St., Marquette, MI 49855 (Phone: 906-228-4853).

Sunday, November 16, 2014

Public Notice: Deadline for Greensands Inc. stamp sands removal application to DEQ is Nov. 17

View of old smokestack and stamp sand (mining waste) on the shore of Lake Superior near Gay, Michigan. (July 2014 photo by Keweenaw Now)

[Editor's Note and Update: This is a reminder that the deadline for public comments on the application mentioned below is Monday, Nov. 17 (20 days after the Public Notice of Oct. 28, 2014.) We regret the late posting of the public notice. Comments can be sent directly to field staff by emailing Linda Hansen, DEQ Water Resources Division, at hansenl6@michigan.gov or by locating the file on CIWPIS on Line, at www.deq.state.mi.us/lwmpnh]

From: Michigan Dept. of Environmental Quality
Water Resources Division, Baraga Operations Center
Office, 427 US 41 North
Baraga MI, 49908
906-353-7522


Greensand Inc., 52962 Big Traverse Bay Road, Lake Linden, MI 49945, has applied to the Water Resources Division (WRD), Michigan Department of Environmental Quality (MDEQ), for a conveyance (private use agreement) to 20 acres of Lake Superior public trust bottomlands offshore of Sherman Township, Keweenaw County. The subject Lake Superior bottomlands are filled with stamp sands deposited beginning over 90 years ago resulting from mining operations. The proposed conveyance is for a processing plant building, settling ponds, and storage of excavated stamp sands. The Michigan Department of Environmental Quality (MDEQ) is currently reviewing a permit application (#14-42-0002-P) submitted by the applicant to dredge and excavate the stamp sand deposit on the subject Lake Superior public trust bottomlands located along the Keweenaw County Road Commission property in the Village of Gay. The excavated and dredged stamp sand are proposed to be processed to separate target particle sizes at the proposed conveyance location and shipped to customers out of state via truck and rail. The proposed private use agreement would provide the applicant with the authorization from the State of Michigan to occupy the subject Lake Superior public trust bottomlands.

When an application is received for a conveyance of State-owned bottomlands, pursuant to Part 325, Great Lakes Submerged Lands, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, the MDEQ submits copies for review to the Director of Community Health, the city, village, township, county, adjacent property owners, and other persons where the project is to be located. Additionally, notification is provided to certain persons as provided by statute or determined by the MDEQ.

Any person or agency wishing to make comments on the proposed conveyance shall furnish this office with their comments in writing no later than 20 days from the date of publication of this notice. The MDEQ will judge all proposed conveyances on their effect on the public trust in hunting, fishing, and navigation, as well as other criteria. The determination as to whether a conveyance will be issued or a public hearing held will be based on an evaluation of all of the relevant factors, including the effect of the proposed work on the public trust or interest.

Written comments on these factors will be made a part of the file and will be considered in determining if it is in the public interest to grant a conveyance. Objections must be factual and specific, and fully describe the reasons upon which any objection is founded.

Click here for the full Public Notice from DEQ.

Editor's Update (Nov. 17, 2014): Linda Hansen of DEQ Water Resources Division told Keweenaw Now that comments on this public notice will be accepted until midnight TONIGHT, Monday, Nov. 17. You can email your comments to her at hansenl6@michigan.gov. Comments received after the deadline will be accepted but will not necessarily have as much weight as those received by the deadline, which is prescribed by Michigan statute. Any one person can request a public hearing.

Monday, August 18, 2014

Marquette County Road Commission in violation of Natural Resources and Environmental Protection Act

From: Yellow Dog Watershed Preserve
Posted Aug. 14, 2014, on their Web site
Reprinted with permission


Spring water runs through the construction site on the new County Road AAA, a haul road for Eagle Mine. A series of springs were ruptured during construction activities and led to the pollution of a wetland. (Photo dated Aug. 6, 2014, courtesy Yellow Dog Watershed Preserve.)

MARQUETTE -- On Aug. 4, 2014, the Michigan Department of Environmental Quality (MDEQ) Water Resources Division issued a Violation Notice to the Marquette County Road Commission (MCRC) for an unlawful discharge of sediment and turbid water into a wetland ravine, tributary, and the East Branch Salmon Trout River. The unlawful discharge was created when excavation for the new County Road AAA road corridor reached groundwater level and water began to flow out of the construction site, down slope, and into nearby waterways.

The Yellow Dog Watershed Preserve (YDWP) was informed in late July by an anonymous source that a spring that feeds the East Branch of the Salmon Trout River had been damaged during road construction on County Road AAA. Site visits by our organization continued for several weeks and confirmed the damage had occurred, mitigation had begun, but that the MCRC did not have a formalized plan to control the release. The Michigan Department of Environmental Quality and Michigan Department of Natural Resources were notified of the situation immediately and completed several site visits in July and August.

The Yellow Dog Watershed Preserve sent in a formal complaint letter to MDEQ on Aug. 1, urging the agency to issue a citation for polluting the water. We also urged the agency to require the implementation of a mitigation plan to clean up the site. We are currently informing the EPA of the incident and speaking with tribal entities and our legal team. Sedimentation at these levels can have serious impacts on fish and other aquatic organisms.

In the Violation Notice, the MDEQ states that they observed the unlawful discharge of sediment and turbid water on July 14, 2014. Improved erosion and sediment control measures were installed at their direction. When the groundwater mixed with rain and sediment after a storm event, the flow rates increased, the water was polluted and was not properly contained -- in violation of Part 301, Part 303, Part 91, and Rule 2190 of Part 31 of the Natural Resources and Environmental Protection Act. The MCRC is being directed to remove sediment from selected portions of the wetland and intermittent tributary as well as monitor the water color at several locations for the remainder of the 2014 construction season.*

It is unclear what ongoing hydrological impacts can be expected by this. It is also unclear what long-term solution can be adopted that would manage the continued increased flow of water. YDWP will continue monitoring the waterways and the engineering decisions of the Marquette County Road Commission. We would also like to see a complete hydrological assessment of the whole impacted area and have pushed for one since 2004.

* Editor's Note: The Marquette County Road Commission will hold its regular monthly meeting at 6 p.m. TONIGHT, Monday, Aug. 18, at the Marquette County Road Commission Office, 1610 N. Second Street, Ishpeming. According to Big Bay resident Gene Champagne, citizens concerned about the road construction violations plan to attend the meeting.

"The MCRC ignored 99 percent of public comment that the project was too ambitious and broad for its intended purpose and was on an unrealistic schedule for completion that could lead to mistakes, as happened on CR 550 last year," Champagne told Keweenaw Now. "Many also urged the MCRC to perform an EIA (Environmental Impact Assessment) and a hydrology study, which they also ignored. Furthermore, some visitors to Big Bay have commented that they will never return to Big Bay again after traveling the new 510/AAA construction and witnessing the unnecessary scope of the project. This may very well have an impact on our local economy."

Click here for the agenda for tonight's MCRC Meeting.

Click here for more photos of the violations.

Tuesday, July 01, 2014

Highland Copper finalizes purchase of Copperwood mining project, hopes to process ore at White Pine

By Michele Bourdieu

This map from the Jan. 16, 2014, Highland Copper Co. presentation in Houghton shows the Copperwood ore deposit at left and the former White Pine Mine. Highland has acquired parts of the White Pine property and, most recently, the Copperwood Project. Highland is also doing exploration at sites in Keweenaw County. (Photo by Allan Baker for Keweenaw Now)

HOUGHTON, CALUMET -- Highland Copper Company Inc. announced on June 17, 2014, that they have completed their acquisition of the Copperwood Project -- located near the Porcupine Mountains Wilderness State Park and the town of Wakefield in Gogebic County -- from Orvana Minerals Corporation.*

Highland Copper, a Canadian company, also recently acquired parts of the former White Pine mine site, which they hope to develop for new mining, chiefly copper, for processing and possibly eventually for refining. Conceptual plans would include using the infrastructure (existing and potential) to process ore from White Pine and from other mining projects -- which now may include copper ore to be transported to White Pine from the Copperwood site.

In January 2014, shortly after their purchase of the north end of White Pine for a new mine, Ross Grunwald, Highland Copper vice president for exploration, and Carlos Bertoni, Highland Copper White Pine manager (at that time), spoke at several local community meetings about their concept of making White Pine a "center of gravity" for processing ore from projected mines in the Western Upper Peninsula. At that time Highland had not yet completed the Copperwood purchase, but Grunwald mentioned it as part of a larger deposit (shown in the map above and the video clip below).

In this video clip from Highland Copper's presentation in Calumet on Jan. 15, 2014, Ross Grunwald, Highland Copper vice president for exploration, points out several copper deposits on the Keweenaw Peninsula and nearby that are of interest to his company for copper mining potential -- including sites in Keweenaw County, White Pine and Copperwood. (Video by Keweenaw Now)

At the June 4, 2014, meeting of the Keweenaw Economic Development Alliance (KEDA) in Houghton, Grunwald spoke to KEDA members about Highland's imminent purchase of Copperwood.

Since Highland's plans for White Pine include building a mill to process ore not only from a new White Pine mine but also from other projected mines in the area, ore mined at Copperwood, which is about 18 miles southwest of White Pine, could be transported -- possibly by rail or truck or both -- for processing, thus potentially eliminating a projected tall tailings pile at Copperwood.

"If you do that, you take away a lot of environmental impact," Grunwald said at the KEDA meeting.

The projected tailings pile at Copperwood, despite Department of Environmental Quality permits received by former owner Orvana, has raised many questions among environmental groups, and the Keweenaw Bay Indian Community (KBIC).**

According to Jessica Koski, KBIC mining technical assistant, "The current permits for Copperwood allow for the development of a very large permanent surface tailings dump that would store approximately 32.2 million tons of mine tailings and destroy over 16,000 feet of existing streams (despite the company initially predicting less than 6,000 feet of stream impact in order to obtain their initial mining permit) and about 60 acres of wetlands."

Copperwood, Koski explained, is situated within KBIC's 1842 treaty territory homeland, in which Anishinaabe bands retain rights to hunt, fish and gather -- including Lake Superior fishing rights.

The tailings site, as planned by Orvana, would reach about 14 stories high towards the end of the mine's projected 14-year life span and could possibly be visible from the Porcupine Mountains Wilderness State Park. KBIC has expressed concern that the tailings could release heavy metals and other contaminants into the area environment -- including wetlands, streams and Lake Superior.

Highland's concept would eliminate the need for a mill and tailings disposal at the Copperwood site, thus reducing the environmental footprint considerably.

Grunwald notes, however, that changes to the mining plan for Copperwood are still in the conceptual stage.

"What I say today is conceptual in nature and doesn't reflect any definite plans," he told KEDA members.

Highland Copper is now embarking on feasibility studies for both White Pine and Copperwood as an integrated operation, Grunwald told Keweenaw Now on June 30.

Carlos Bertoni, now project manager for the combined White Pine and Copperwood operation, is coordinating the pre-feasibility study for that project, Grunwald said. It is expected to be completed by the end of 2014. The actual feasibility study will then begin in 2015 and hopefully be completed by the end of 2015, he added.

This map of the White Pine site shows the North Deposit, where Highland hopes to construct a new mine. It already contains 100 drill holes of exploration. (Photo by Keweenaw Now)

"The first step is to come up with an Environmental Impact Statement (EIS), which is based on historical information at White Pine," Grunwald told Keweenaw Now recently.

The feasibility studies are based on the EIS. These must be done before Highland can apply for permits or amendments to existing permits.

Steve Casey, Michigan Department of Environmental Quality (MDEQ) Upper Peninsula District Supervisor, Water Resources Division, told Keweenaw Now recently that while Highland has talked to MDEQ officials, the company hasn't brought any specific proposals to MDEQ.

"They don't know what they're going to do yet," Casey said. "They can always use the existing permits (for Copperwood) and do less; for example, the wetland permits."

The Copperwood permits include impacts from the tailings, which could be eliminated if the ore is transported to White Pine. Casey noted the present tailings ponds at White Pine have more room in them. The old mine contains water that could be used for processing and space that might be used to contain some of the tailings, he explained.

"As long as they stay within the existing permitted footprint, they can go forward," Casey added. "It would make sense that they would be doing less (at Copperwood) -- (it would be) less problematic for the environment -- but until we have a specific proposal we can't judge that."

Copperwood's MDEQ Water Resources Permit for Wetlands and Inland Lakes and Streams, issued Feb. 22, 2013, authorized Orvana, the former owner, to do the following: "Excavate approximately76,973 cubic yards of materialfrom 3.40 acres of wetlands and place approximately 7,314,277 cubic yards of fill in 54.71 acres of wetlands impacting a total of 58.11 acres of wetland to construct the Copperwood underground mine and appurtenant facilities. Construction will include an access road, a tailings disposal facility, mill and mine entrance."

In addition, as Jessica Koski noted, construction of the tailings disposal facility at Copperwood would eliminate 16, 557 lineal feet of stream and require both stream and wetland mitigation.***

This map shows the area of the projected Copperwood Project and nearby Lake Superior and streams. Should ore be transported to White Pine for processing, the TDF (Tailings Disposal Facility -- purple area near center) would not be needed nor would the projected mill. (Keweenaw Now file map courtesy Jessica Koski)

Koski and KBIC have also expressed concern about contaminants that could leach into the water from the tailings.

"The tailings disposal site is predicted to leach 24-62 million gallons per year which will release heavy metals and other contaminants into the area environment and Lake Superior," Koski says. "Substantial amounts of partially treated mine waste water discharges would flow directly into the surface waters of Nabeminag Creek, which empties into Lake Superior."

Grunwald noted conditions on the permits received by Orvana would probably carry over to Highland -- if they don't apply to the tailings or the mill, which would not be needed if the ore is transported to White Pine.

Highland would need to construct a water treatment plant at both Copperwood and White Pine, though the plant at Copperwood would be smaller if the mill and tailings are eliminated from the plan.

"We will be pumping material which has to be treated before it is discharged," Grunwald said.

He said the transportation of the ore would also need permitting.

"All of the impacts of that transportation have to be evaluated and mitigated," Grunwald added.

This photo shows the location of infrastructure and buildings that were used in the old White Pine mining operation. The smelter and process plant (mill) no longer exist. The power plant and refinery are presently owned by Traxys. A new water treatment plant would need to be constructed for the mining operations. (Photo by Keweenaw Now)

Joe Maki, MDEQ geologist, will be working with Highland on the Part 632 mining permit and related issues.

Maki told Keweenaw Now recently that if Highland decides to do combined processing of ore from both White Pine and Copperwood and/or other potential mines in the region, they would need a new Part 632 permit for White Pine that includes the ore from the other mine(s).

If ore from Copperwood is transported to White Pine for processing, "there would probably be no need for a tailings pile (at Copperwood)," Maki said.

For the permits Orvana received for Copperwood from MDEQ all rock they proposed to handle had to have geo-chemical testing, he explained.

"If there's any material that has to be put on the ground, they would still have to follow Part 632 rules," Maki noted.****

Regulations for transporting the ore would be under the State of Michigan Department of Transportation (MDOT) and the U.S. Department of Transportation rather than the MDEQ. However, MDEQ would require covers on vehicles or train cars transporting mine materials in order to prevent fugitive dust problems, Maki explained.

Dave Anderson, who was Copperwood director of health, safety and environment under Orvana's ownership, now holds that same position with Highland Copper. He told Keweenaw Now he is optimistic about the future of Copperwood and the concept of transporting the ore for processing at White Pine -- which would eliminate the tailings pile at Copperwood.

"We're obviously excited to be working with Highland Copper," Anderson said. "If these two projects move forward, there's an opportunity to have a much smaller imprint for Copperwood. "

Anderson said he anticipated future public meetings on the project.

"As we move through the transition there will be more community involvement," he noted. "We need to hear from people. I expect to get a lot of input -- share ideas and concerns -- before we go to the drawing board."

As for transporting the ore, Anderson said his goal would be to see a transportation solution that would have the smallest carbon footprint.

At the KEDA meeting Grunwald noted Highland has "whole-hearted government support at the present time."

He said a strict permitting process provides for bonding that must extend 20 years after the mine stops producing and a severance tax based on production and revenue. The full concept -- with a skilled work force and technical assistance from Michigan Tech University -- could employ hundreds of workers, Grunwald told the KEDA members.

"It's going to be a substantial work force," Grunwald said. "Our objective is to use local employees as much as possible."

At Highland's Jan. 15, 2014, community information meeting and presentation in Calumet, residents asked questions related to local employment and skills needed for modern mines.


Following the Jan. 15, 2014, presentation by Highland Copper Co. in Calumet a local resident asks a question on skill levels required of present-day miners who might be employed by Highland Copper Co. (Video by Keweenaw Now)

Grunwald told Keweenaw Now that construction of a mill at White Pine could take from a year to 18 months after engineering is completed. He estimated mining at Copperwood and the new mining at the north end of White Pine would be happening at the same time; however, developing the new White Pine site for mining would take more preparation. The fact that Copperwood is already permitted is an advantage for Highland.

Grunwald noted Orvana spent $20 million on Copperwood and 8 or 9 million of that was for environmental studies and permitting.

"It would take more time to develop the White Pine site for mining," Grunwald said. "It's a huge area."

Mining the north end of White Pine would require driving a decline several miles underground and (possibly) raising shafts from below, he explained. The ore is 2000 to 3000 feet deep.

During Highland's January meetings in Calumet and Houghton, Carlos Bertoni, presently Highland Copper's manager for the combined White Pine and Copperwood project, described the concept of developing White Pine as a "center of gravity" for processing ore from multiple mines and potentially refining it into metal.

During Highland Copper's Jan. 16, 2014, presentation in Houghton, Mich., Carlos Bertoni, then White Pine project manager (now manager for the combined White Pine and Copperwood project), explains concepts of potential development at White Pine so it could be a center of gravity for processing ore from White Pine and from other potential mines in the region, such as Copperwood. He also describes new technology -- a Staged Flotation Reactor -- that would replace a smelter and could result in a smaller footprint and ultimately a way to feed the existing refinery at White Pine to produce copper metal. (Video by Allan Baker for Keweenaw Now)

Grunwald said Highland, through its subsidiary Keweenaw Copper Co., will continue its exploration of Keweenaw sites 543S near Gratiot Lake and G-2 near Bete Grise; but at least two years of baseline studies are needed before they can plan to mine these.

"We haven't started any detailed environmental studies for the Keweenaw sites since the focus is on White Pine and Copperwood," he explained.

If the Keweenaw sites were to be mined in the future, Grunwald noted, it would make good economic sense to transport that ore to White Pine for milling. However, at more than one of Highland's informational meetings, the question of how to transport ore from the Keweenaw has come up.

Residents' questions, comments

At Highland's Jan. 16, 2014, community meeting in Houghton, some local residents asked questions about Highland/Keweenaw Copper's Keweenaw sites, including questions about potential transport:

During the question period following Highland's Jan. 16 presentation in Houghton, Chuck Brumleve, a geologist for KBIC, asks about feasibility studies for the 543S and G-2 sites in Keweenaw County and about mining methods. A resident who worked at the former White Pine mine comments on Michigan Tech's involvement in methods used at that mine. (Video by Allan Baker for Keweenaw Now)


During the Jan. 16 Highland meeting in Houghton, Mich., Linda Rulison, President of FOLK (Friends of the Land of Keweenaw), asks about transportation of ore from projected Keweenaw mining sites to White Pine for processing. (Video by Allan Baker for Keweenaw Now)

Anne Newcombe, a concerned resident at the Houghton meeting, commented on her experience with company-community relations and local environmental concerns in Marquette and Big Bay during events preceding and following the construction of the Eagle Mine. Here she challenges Highland staff to do what they say they will to protect the environment:

During the Jan. 16 presentation by Highland Copper Co. in Houghton, local resident Anne Newcombe expresses her love for the outdoor recreational value and beauty of the local area and states her hope that Highland can mine as safely as possible without impacting a pristine environment. (Video by Allan Baker for Keweenaw Now)

Grunwald has said at the community meetings and at his presentation to KEDA that he welcomes communication with citizens who have concerns about the potential mining and hopes to clear up any misconceptions people might have so that Highland can focus on the real problems.

"We have to date whole-hearted community support," he told the KEDA audience at their June 4 meeting.

Bruce Woody, chair and CEO of Blue Harbor Energy, who attended the KEDA meeting, had a positive reaction to Highland's potential for creating jobs with the combined Copperwood-White Pine project.

"It looks like it's a project that will bring some jobs to the Upper Peninsula (and) revitalize areas near Ontonagon that have a very high unemployment rate," Woody said.

KEDA member Steve Karpiak, who also attended the June 4 meeting, noting Highland's projects are still at the exploration stage, told Keweenaw Now he believes these projects will depend on the international price of copper.

"This is all exploratory," Karpiak said. "This is something they might hang on to for decades (until the price of copper is high enough)."

He said he believes the environmental impact of new mining will be less than it was in the past since the state and federal governments have more rules and regulations now and mining uses modern technology. Because of this technology, mining jobs will be fewer -- high tech and more skilled.

Karpiak also said he thinks that if manufacturing becomes part of the project it will be high tech as well, possibly with the use of robotics. Some local Smart Zone businesses are an example of how manufacturing has changed radically because of new technology, he added.

During the KEDA meeting, Karpiak asked whether the 543S site near Gratiot Lake would likely be an underground or a surface mine.

Grunwald told Keweenaw Now that 543S would require some surface mining for ore that is near the surface, but 90 percent would be underground at that site if it is mined.

"You want to reduce the surface impact as much as possible," Grunwald said.

As with any mining project, especially with these sites located so close to Lake Superior, many residents are still concerned about environmental issues.

One of these is Ellen Campbell, a KEDA member, vice president of The Nitrate Elimination Company, Inc, a biotechnology business in Lake Linden. Although Campbell was not able to attend Highland's recent presentation to KEDA, she told Keweenaw Now in an email message that she would not want to see this area become dependent on resource extraction companies who take the wealth and leave a mess behind.

"Appalachian coal mines? Copper in Colorado open pit mines? Why would we want be like that?" Campbell asks. "When my husband and I moved here in 1985 the area was in decline from the last of the mine closures. Everyone has worked hard to bring it back to life. The SmartZone, more parks and trails, Pine Mountain Music Festival, First Fridays in Calumet, Tech gaining national credit. And then there's the Lake. Water will always be precious, and someday soon it will also have economic value. Who's planning for that?"

Grunwald said he is aware of concerns about the water.

"That's the number-one concern. It's always about the water," Grunwald said. "We're very concerned about maintaining the current high water quality."

Campbell adds, "If there's enough value in the raw materials to make it worth their while to extract them, then it's worth while to do it right. Safely, and with long term planning for waste removal and habitat protection -- and I include habitat that pleases resident humans -- built in."

Grunwald said Highland plans to hold more community meetings in the near future.

However, his own position with the company will be changing soon.

"I'm going to be cutting back to one-fourth time after the end of July," Grunwald told Keweenaw Now on June 30. "It's my personal choice."

He said he wants to be able to spend more time with his family in California.

Grunwald noted he will still be involved with the Highland Copper project and will still be back in Michigan from time to time.

Notes:

* The financial details of Highland's purchase of Copperwood from Orvana are available in a press release dated June 17, 2014, on their Web site. See also a Keweenaw Now guest article by Steve Garske, who attended Highland's Jan. 9, 2014, community meeting in Ironwood and comments on several of the company's investors.

** See our two-part article on the June 28, 2012, public hearing on Copperwood's water and air permits held by the Michigan Dept. of Environmental Quality. In addition to statements of support, MDEQ heard many questions and challenges raised by the public concerning the project as planned by Orvana. See: MDEQ hearing on Orvana Copperwood air, water quality permits: Part 1, Questions and MDEQ public hearing on Orvana Copperwood mine: Part 2.

*** Click here to read the MDEQ Wetlands, Inland Lakes and Streams permit for Copperwood.

**** Click here for our January 2013 video clip of Joe Maki's comments in answer to a question on Orvana's Copperwood project during a presentation he made to the Keweenaw Land Trust.

Sunday, June 08, 2014

Michigan Court of Appeals Lansing hearing on Eagle Mine state permits draws 500 KBIC members

By Michele Bourdieu (with information from Keweenaw Bay Indian Community and Eagle Mine)

Members of the Keweenaw Bay Indian Community (KBIC) drum in front of the Michigan Hall of Justice in Lansing on June 3, 2014, the occasion of a long-awaited hearing by the Michigan Court of Appeals on a contested case brought against the State of Michigan for issuing permits to Kennecott/Rio Tinto (now Lundin Mining) for the Eagle Mine Project near Big Bay, Michigan. KBIC leaders pictured here include Ogimaa (Chief) Shalifoe, left in red on the drum, and KBIC Councilman Eddy Edwards to his right in orange also on the drum. (Photo © and courtesy Jessica Koski)

BARAGA -- About 500 members of the Keweenaw Bay Indian Community (KBIC) stood united around the importance of keeping their waters clean from contamination associated with sulfide mining on June 3, 2014, at the Michigan Court of Appeals in Lansing. Oral arguments were heard involving the Eagle Mine, Michigan’s first permitted sulfide mine in the Upper Peninsula.

"This is the first time in our generation that the community as a whole came together to fight for true sovereignty and engage in spontaneous government participation. The goal of the new moving-forward Tribal Council is to bring transparency and involvement to the Anishinaabeg (the people)," said Donald Shalifoe, Sr., KBIC’s Ogimaa (Chief).

Keweenaw Bay Indian Community (KBIC) tribal members gather in front of the Michigan Hall of Justice for the June 3, 2014, contested case hearing on the Eagle Mine, in which KBIC and three other groups petition against what they consider illegal permitting of a sulfide mine by the State of Michigan. (Photo © and courtesy Jessica Koski)

Many tribal members carpooled and traveled about eight hours to line up for the 10 a.m. Lansing hearing. KBIC’s remarkable presence overwhelmed the Michigan Hall of Justice, whose staff reported it was their largest turnout ever for a court hearing.

Some of those in the crowd in front of the Hall of Justice carry signs asking for protection of the water on the Yellow Dog Plains. (Photo © and courtesy Gene Champagne)

Tribal leaders and elders observed the hearing from within the court room, while hundreds watched and listened to the proceedings in an overflow video conferencing room.  Traditional drumming and singing resounded outside the building following the hearing.

KBIC’s Vice President Carole LaPointe remarked, "It was a very educational experience for our membership and youth."

One of the youngest KBIC members, Skyler Sandman-Shelifoe, has a special seat -- a tikinaagan, meaning cradle board -- for this peaceful family gathering of all ages in Lansing. (Photo © and courtesy Jessica Koski, Skyler's Mom)

The Anishinaabeg band has opposed the Eagle Mine development, located on Treaty of 1842 ceded homeland, since it was first permitted by the Michigan Department of Environmental Quality (MDEQ) in 2006.

Unsettled concerns involve the mining regulatory process, improper permitting and inadequate assessment of impacts to the area environment, cultural resources and water quality, including groundwater contamination and the potential for perpetual acid mine drainage upstream from Lake Superior.

Donald Shalifoe, Sr., KBIC’s Ogimaa (Chief), foreground in red, addresses Keweenaw Bay Indian Community members gathered in front of the Michigan Hall of Justice in Lansing for the June 3, 2014, contested case hearing before the Michigan Court of Appeals. (Photo courtesy Keweenaw Bay Indian Community)

KBIC -- along with the Yellow Dog Watershed Preserve, National Wildlife Federation, and Huron Mountain Club -- originally brought the case forward in 2008, asserting that the Michigan Department of Environmental Quality (MDEQ) issued permits for Eagle Mine without assuring the permittee followed the criteria set in Michigan’s non-ferrous mining law, Part 632. Initially, the case was heard by an administrative judge. The case then went to Circuit Court in Ingham County, where Judge Paula Manderfield concluded that the MDEQ rightfully granted the permits. The petitioners filed an appeal, which has been in limbo, waiting for a date for the Court of Appeals to hear the case.

Tribal member Jeffery Loman said on June 3, "The hearing today is another testimony to the fact that inadequate regulation and collusion between industry and government results in endless litigation."

A sign in the crowd points out the contradiction between "Pure Michigan" (a state slogan to attract tourism) and the potential dangers to water quality posed by sulfide mining. (Photo © and courtesy Gene Champagne)

Preceding the hearing, Yellow Dog Watershed Preserve Executive Director Mindy Otto was quoted on their Web site as saying, "There are many points that prove the MDEQ should not have issued the permits. They should have taken certain things into consideration, such as the fact that under Part 632, it is required to assess the impacts to the 'affected area.' The company stated that the only affected area was everything inside the fence line at Eagle Mine. It is clear this is not true, with a plethora of impacts that have happened and continue to happen today."

One aspect of the evolving case questions what qualifies as a "place of worship" under Michigan’s sulfide mining statute. An initial ruling by Michigan Administrative Law Judge Richard Patterson recommended mitigation of impacts to an Anishinaabeg sacred place, Migi zii wa sin (Eagle Rock), but the MDEQ made a final permit decision asserting only built structures are places of worship. Since then the portal to the Eagle Mine has been constructed under Eagle Rock.

This 2012 photo shows the decline tunnel that has been constructed under Eagle Rock (tree-covered outcrop at left behind fence) to serve as the portal to the Eagle Mine. The decline tunnel is 18 feet in diameter and descends under Eagle Rock at a 13 percent grade (Every 100 feet it drops 13 feet). (Keweenaw Now file photo)

Discriminatory enforcement of Michigan law has led to substantial degradation to KBIC’s sacred site.  This includes obtrusive mine facilities and a decline access ramp into the base of Eagle Rock, non-stop noise and activity, and hindered traditional access and use.  Spiritually significant high places like Eagle Rock are used in solitude by the Anishinaabeg for multi-day fasting, vision quest and ceremony.

Despite the passage of the American Indian Religious Freedom Act of 1978, Native people still struggle to protect their remaining sacred places in the face of extractive development agendas.

"It is a shame that the United States of America, proudly founded upon values of religious freedom, has trouble guaranteeing this right to all of its nation’s first people," said tribal member Jessica Koski.

Gene and Carla Champagne of Concerned Citizens of Big Bay were also present in the Hall of Justice during part of the hearing.

"We were able to squeeze into a standing-room-only TV room to watch the proceedings," Gene Champagne said. "The courtroom itself was full. The appeals panel had already heard arguments about the desecration of a sacred site and were finishing up discussion on the water treatment plant."

Gene noted he was impressed by the solidarity in the gathering outside and the cautious optimism of those who had witnessed the entire hearing.

"I was moved that so many people had traveled so far to defend a fundamental constitutional, tribal, and universal right -- the freedom of religion and the right to worship and practice as we believe," he added. "It is too bad the MDEQ does not regard the constitution as relevant. Hopefully the Appeals Court will."

KBIC anticipates a decision from the Michigan Court of Appeals within six months. The Eagle Mine’s time frame for production start-up is the end of 2014.

"While the court deliberates, it is important to remember that regardless of the outcome, we are in the right for standing up for the Yellow Dog Plains," said Emily Whittaker of Big Bay, Mich., who joined KBIC members and other locally affected residents during the hearing in Lansing. "We hope the court understands their decision will have long lasting implications for this place, as well as other areas that are slated for mining."

According to KBIC, several environmental groups and many concerned citizens, the Michigan Court of Appeals ruling will be an important precedent for additional sulfide mining proposals threatening Michigan’s Upper Peninsula and waters of the Great Lakes.

Eagle Mine issues statement on Court of Appeals hearing

A recent aerial view of Eagle Mine near Big Bay, Michigan. Eagle Rock, the Anishinaabeg sacred site, is the green outcrop in the lower right quarter of the photo. (Photo courtesy Eagle Mine. Reprinted with permission.)

On June 3, Eagle Mine issued a statement noting they are confident in their own position and optimistic about the pending Appeals Court decision.

Commenting on the arguments made before the Michigan Court of Appeals on June 3, Eagle Mine General Manager Mike Welch said, "Eagle Mine appreciates the opportunity to argue the merits of the case in support of the permits granted by MDEQ and the agency's extensive review process that has withstood previous challenges over the past eight years.

"This is a testament to our team's expertise, experience and professionalism in terms of its environmental protectiveness, safety culture and commitment to the community in which we operate. We are confident the project complies with all state and federal laws and regulations for safeguarding the environment. Even more, we are extremely proud of the nearly 800 men and women that have built Eagle."

Eagle Mine's statement notes the small, high-grade deposit will produce 360 million pounds of nickel, 295 million pounds of copper and small amounts of other metals over an estimated eight-year mine life. They expect to begin operations in late 2014.