MDEQ to hold public hearing on Humboldt Mill surface water discharge permit Jan. 13

Eagle Mine, LLC, is applying for a renewal of their surface water discharge permit for the Humboldt Mill, pictured here, where they process ore from the mine into separate nickel and copper concentrates. The Michigan Department of Environmental Quality (MDEQ) will hold a public hearing on the draft permit next Tuesday, Jan. 13, at the Westwood High School Auditorium in Ishpeming. (File photo courtesy Eagle Mine)

MARQUETTE -- The Michigan Department of Environmental Quality (MDEQ) will hold a public hearing on the proposed surface water discharge permit for the Eagle Mine -  Humboldt Mill in Marquette County beginning at 6 p.m. on Tuesday, Jan. 13, 2015, at the Westwood High School Auditorium, 300 Westwood Dr., in Ishpeming.

A brief presentation, beginning at 6 p.m., will be followed by a question-and-answer session. The hearing will begin no later than 7 p.m., but may begin earlier. The hearing will end at 9 p.m. and the building vacated by 10 p.m. All interested parties are invited to attend.

Comments or objections to the draft permit and proposed decision regarding the Antidegradation Demonstration received by January 16, 2015, will be considered in the final decision to issue the permit.

Eagle Mine, LLC, operates the Humboldt Mill and the associated tailings disposal facility to process copper and nickel ores. The applicant discharges treated process wastewater, treated laboratory wastewater, and treated water treatment backwash through a pipeline to the wetland contiguous to the Middle Branch Escanaba River in the SW1/4, SE1/4, and in the NE1/4, SE1/4, Section 2, Town 47 N, Range 29 W, Marquette County. This draft permit, a renewal of Eagle Mine's National Pollution Discharge Elimination System (NPDES) permit, includes several modifications on the previously issued permit.

Steve Casey, MDEQ Upper Peninsula District Supervisor, Water Resources Division, said the increase in discharge by the Mill required Eagle Mine to submit an Antidegradation Demonstration.

"Anytime there is an increased discharge, water quality will be lowered," Casey told Keweenaw Now. "We believe the proposed permit and the Antidegradation Demonstration both meet the requirements of the statute."

Two complaints about the water level from discharge into wetlands led to Eagle adding a pipe under U.S. 41 to take some of the treated discharge from the Mill to wetlands that are adjacent to the Middle Branch Escanaba River, Casey explained. Originally the discharge went through culverts from wetlands near the Humboldt pit under the highway to wetlands on the north side of U.S. 41. Some of the increased discharge will continue to take that route and some will go through the pipe.

The DEQ Public Notice on this permit states, "This draft permit authorizes an increased loading of pollutants to the wetland contiguous to the Middle Branch Escanaba River, which will lower the water quality with respect to certain parameters. The permitted discharge shall not lower the existing water quality of the receiving water below State Water Quality Standards."*

Casey also commented on the new discharge limits on various pollutants.

"The limits they are required to meet are protective of water quality in both the wetlands and the river," he said.*

Save the Wild U.P concerned about water quality degradation

Urging concerned citizens to attend the Jan. 13 hearing, Save the Wild U.P. recently made these comments on the proposed permit renewal: "Serious, unresolved environmental issues plague the Humboldt Mill. Tailings produced by Eagle will be deposited into the existing pit, adding to legacy contamination. There is an ongoing investigation by the Environmental Protection Agency regarding the mill’s status as a superfund site. An outflow pipe was built between the tailings pit and wetlands of the Escanaba River without permits or public involvement. As proposed, the NPDES permit for Eagle Mine - Humboldt Mill will degrade water quality in the Escanaba River."

Concerning the EPA investigation, Casey noted he was present when EPA officials and Keweenaw Bay Indian Community (KBIC) tribal staff toured Humboldt facilities last fall, to provide historical information from his long experience with the Humboldt site, but he was not present when EPA met with KBIC officials afterwards.

"They (EPA staff) did not share any conclusions with me," Casey said.

Eagle Mine: Water treatment plant surpasses standards

Eagle Mine also issued a statement concerning the proposed permit: "Since the issuance of the original NPDES permit additional background and operational data has been collected. This data helps ensure the permit conditions align with the operation. For example, the new permit would allow for an increase in discharge volume and a second discharge location which provides operational flexibility and allows for better water management.

"The renewed permit would not change the operation of the water treatment plant. The plant has had an exceptional performance record and continues to treat and discharge water that surpasses NPDES water quality standards."

MDEQ: Eagle's Antidegradation Demonstration "adequate"

MDEQ also states this in the public notice: "The Department proposes that the applicant’s
Antidegradation Demonstration, based on information required by Subrule (4) of R323.1098, shows that lowering of water quality is necessary to support the identified important social and economic development in the area. This is solely for purposes of satisfying state water quality regulations and is not intended to supplant local requirements, including land use or zoning laws. It is not, and should not be construed as, a finding by the Department that the proposed development meets local requirements or ordinances. In addition to the proposed permit, the Department is proposing to accept the Antidegradation Demonstration as adequate."*

Casey also confirmed that, during the Jan. 13 hearing, MDEQ will give an update on the groundwater discharge permit for Eagle Mine, which was the subject of the March 25, 2014, MDEQ public hearing at Westwood High School.

"We had a lot of good comments, and we made changes with regard to those comments -- which took a long time," Casey said. "There's one unresolved issue that we'll talk about on Tuesday (Jan. 13)."**

Notes:

* Click here to read more details on the permit in the MDEQ Public Notice.

** See our April 1, 2014, article on the March 25, 2014, public hearing: "Citizens question, challenge MDEQ proposed Groundwater Discharge Permit for Eagle Mine."

Claudia Schmidt, jazz and folk singer, to perform Oct. 25 at Orpheum Theater

Poster announcing concert by Claudia Schmidt, legendary jazz and folk singer, who will perform at the Orpheum Theater this Saturday, Oct. 25. Proceeds will benefit Save the Wild U.P. and Friends of the Land of Keweenaw. (Poster courtesy Orpheum Theater) 

HANCOCK -- Legendary jazz and folk singer Claudia Schmidt will be performing Saturday, Oct. 25, at The Orpheum Theater in Hancock to benefit Save the Wild UP and FOLK (Friends of the Land of Keweenaw).

The evening will begin with a Happy Hour at 6:30 p.m., followed by the concert at 8 p.m.

Tickets are $15 and will be available at the door or in advance by credit card by calling (906) 485-5100.

Michigan native Claudia Schmidt is known for her original songs accompanied by her 12-string guitar and mountain dulcimer. To learn more about Schmidt and the 19 albums she has recorded and to listen to a sample of her singing, visit her web site claudiaschmidt.com.

The Orpheum Theater is at 426 Quincy St. in Hancock.

Citizens encouraged to attend March 18 Permit Workshop, March 25 MDEQ Hearing on Eagle Mine Groundwater Discharge Permit

By Michele Bourdieu, with information from Save the Wild U.P. and Michigan Dept. of Environmental Quality

MARQUETTE -- Local grassroots organization Save the Wild U.P. (SWUP) will hold a Permit Workshop with a panel including former federal oil regulator Jeffery Loman, Keweenaw Bay Indian Community Geologist Chuck Brumleve, and attorney Michelle Halley to educate concerned citizens about the problems with the proposed Groundwater Discharge Permit for the Eagle Mine project. The panel presentation will begin at 6 p.m. TOMORROW, Tuesday, March 18, in the lower level, classroom 3, of the Peter White Public Library in Marquette.

Poster announcing March 18 Permit Workshop in the proposed Groundwater Discharge Permit for the Eagle Mine. The workshop is intended to help concerned citizens prepare for the March 25 Michigan Department of Environmental Quality hearing on the permit. (Poster courtesy Save the Wild U.P.)

The Michigan Department of Environmental Quality (MDEQ) will hold a Public Hearing regarding a proposed Groundwater Discharge Permit for the Lundin Eagle Mine at 6 p.m. on Tuesday, March 25, at the Westwood High School, 300 South Westwood Drive, Ishpeming. The MDEQ will begin by answering questions regarding the draft permit. During the public hearing, which will follow the question period, MDEQ officials will take comments from the public but will not respond during the hearing. In order to accommodate as many speakers as possible, oral presentations / comments are limited to five minutes.*

Citizens are urged to attend the March 25 MDEQ Public Hearing to raise questions and provide comments to the MDEQ on the proposed permit. The March 18 panel, sponsored by Save the Wild U.P., is intended to provide information to prepare citizens for the hearing.

Kathleen Heideman, SWUP president, said, "It’s a matter of public record that this proposed permit would exponentially increase the pollutants, compared with Rio Tinto’s own 2004 reported baseline data. In some cases, it would allow groundwater contamination to exceed the EPA’s legal limits for drinking water. Clearly, groundwater quality will be undermined by this permit."

According to data from the Community Environmental Monitoring Program, a joint venture of the Superior Watershed Partnership and Lundin Mining (previously Rio Tinto), the Eagle Mine has exceeded its permits over 40 times since the previous 2007 groundwater discharge permit was issued.

Attorney Michelle Halley, who has worked extensively on Eagle Mine issues, said, "This permit allows water that people drink to be polluted. MDEQ is making the same mistakes over and over. If you're relying on MDEQ or Lundin Mining to keep our drinking water as clean as it has always been, don't."

During a presentation on the National Wildlife Federation report, "Sulfide Mining Regulation in the Great Lakes Region: A Comparative Analysis of Regulation in Michigan, Minnesota, Wisconsin and Ontario," in Ashland, Wis., in March 2012, Michelle Halley points out the first loophole in the Clean Water Act, which allows mines to dump untreated waste into waters of the U.S. by impounding rivers, streams, lakes and wetlands. (File photo by Keweenaw Now)

According to Halley's analysis of the permit for Freshwater Future, this permit's exceedances include pH, arsenic, copper, lead, molybdenum, silver, and vanadium.

"MDEQ has taken no enforcement action," Halley writes in her analysis. "In fact, the mine has exceeded its vanadium limit more than 20 times. Instead of enforcing the limit, in this renewal permit, MDEQ is easing the limit. This is completely backwards. The MDEQ’s role is regulator, not conciliator. The limits were set, supposedly based upon sound science, as MDEQ strenuously argued during the months-long contested case that encompassed the current groundwater discharge permit. Now, rather than protecting water quality, the draft simply increases the limits to industry’s preferred levels."

Steve Casey, MDEQ Upper Peninsula District Supervisor, Water Resources Division, told Keweenaw Now in February that he believes Halley's concerns can be appropriately addressed.

"These exceedences are not attributable to the Eagle Mine groundwater discharge," Casey said. "67 percent were before Eagle started discharging; 26 percent occurred after they started but were in the historical ranges for those wells; and the other 7 percent were copper and lead from a well that was disturbed during construction but is now compliant."

In her analysis, Halley also notes that "the scope of monitoring and compliance is far too small to assess impacts to the aquifer that inevitably extend beyond the postage stamp this permit purports to regulate."

Casey's replied to that comment, saying, "The right place to monitor the groundwater is close to the discharge so that if there is a problem we can find out quickly and take corrective action."

Casey admitted Halley's comment on the outdated contour map in the permit was justified.

"We mistakenly attached the old contour map to the new draft permit," Casey said. "Eagle submitted an updated contour map with their application for this permit re-issuance.  Some have said the new contour map is hard to read. We will get a clearer version of the updated contour map and put it on our website and attach it to the permit when it is finalized."

Both the old and the new map show that the water flows to the northeast, towards the Salmon Trout River, he added.

In her analysis of the permit, Halley also points out the following:

"MDEQ continues to refuse to regulate, as required by the Clean Water Act, the surface water discharge at the seeps (aka springs), where the water regulated by this permit indisputably expresses to surface water. The draft permit, in Part III, No. 1 on p. 22 states:

'Discharge to the Surface Waters

'This permit does not authorize any discharge to the surface waters. The permittee is responsible for obtaining any permits required by federal or state laws or local ordinances.'"

This photo shows how groundwater flows into springs, or "seeps" (considered surface water) that eventually flow into the Salmon Trout River. Some volunteers from the Yellow Dog Watershed Preserve and the Keweenaw Bay Indian Community have been sampling these springs for several years. They note that the springs have a measurable physical flow in gpm (gallons per minute) that can be seen as running water, carrying audible sounds. Click on photo for larger version. (Photo © and courtesy Jeremiah Eagle Eye. Reprinted with permission.)

In her analysis of the permit, Halley expresses her concern that state regulators have not required the Eagle project to apply for a federal permit for discharge to surface waters.

"Michigan has been delegated by the United States the authority to regulate surface water discharges via the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)," Halley writes. "Its failure to do so is egregious."**

Keweenaw Bay Indian Community members have also commented on this draft Groundwater Discharge Permit.

"The MDEQ's proposed revised Groundwater Discharge Permit is inconsistent with federal law, fails to protect the Yellow Dog Watershed -- and the process for issuing this revised permit violates both state and federal administrative procedures act requirements," said former federal offshore oil regulator and KBIC tribal member Jeffery Loman. "I intend to hold the Environmental Protection Agency (EPA) accountable for these failures as they are the trustee for treaty-protected tribal resources threatened by this reckless regulatory fiasco."***

Jessica Koski, KBIC mining technical assistant, told Keweenaw Now she believes the present draft Groundwater Discharge Permit is actually less protective in many ways than the original permit that KBIC and coalition partners challenged in 2007.

"Reporting requirements largely 'report' only on a weekly, monthly or quarterly basis with no maximum daily limits specified," Koski said. "Such lax reporting requirements are unacceptable when discharges will enter the aquifer at a rate of 504,000 gallons per day. How may the company ever be found in violation of discharge limits if there are no numeric permit limits for many constituents? Sounds pretty convenient for the permit holder, in this case a Canadian mining company with no previous mining experience in the United States."

Koski also questioned the wastewater treatment technologies being used at Eagle Mine.

"Michigan's first permitted sulfide mine in the Lake Superior watershed is an experiment in that the company is using an untested combination of wastewater treatment technologies, which, while reasonably successful at treating water individually, may prove difficult and unreliable given its complexity -- especially if the company underestimates the maximum amount of inflow into the treatment system and/or if the influent water is more contaminated than predicted once mining begins," Koski notes. "Uncertainty and risk are further heightened in the current era of climate change, in which our region is expected to experience more frequent and intense rain events that will challenge existing mine infrastructure."

This Reverse Osmosis system in the Eagle Mine Water Treatment Plant removes ions from water that has already gone through previous purification steps. (Keweenaw Now file photo © and courtesy Rio Tinto)

Casey said KBIC has submitted good comments on how MDEQ can do a better job on the allowable operating range for the (reverse osmosis) wastewater treatment plant.

"The allowable operating range should be set in a way that we're more sure that copper and other contaminants won't be above the limits in the permit," Casey explained.

The permit already has a requirement that Eagle stop discharging immediately if the water quality falls outside the allowable operating range.

"They'd have to stop the groundwater discharge right away, even if it meant that they'd have to stop the mining," Casey added.

Dan Blondeau, Eagle Mine advisor in communications and media relations, said in February, "Since issuance of Eagle’s original GWDP (Groundwater Discharge Permit) we’ve collected additional groundwater data. Thus, the permit parameters were adjusted to align with the natural conditions of the water reflected in the data. This does not change the quality of Eagle’s treated water. Our water treatment plant has performed exceptionally and continues to treat water to better than drinking water quality standards."****

The comment period for the draft Groundwater Discharge Permit now extends to April 1, 2014. Written comments can be sent to the following address: Department of Environmental Quality, Water Resources Division, Permits Section, P.O. Box 30458, Lansing, Michigan 48909.

MDEQ officials have been reviewing comments. After the comment period ends they will summarize their responses to comments in writing, Casey said.

*Click here to access the proposed permit, public notice, and application. These documents are also available at the Water Resources Division's Upper Peninsula District Office located at 1504 West Washington Street, Marquette, Michigan 49855. Telephone: 906-228-4853.

**Click here for Michelle Halley's analysis of the permit as posted on Save the Wild U.P.'s Web site.

*** Click here for our May 2013 video clip with Jeffery Loman's questions on groundwater and surface water during a Rio Tinto Community Forum in L'Anse. See especially the second part of the video.

**** UPDATE:  Lundin Mining Company has posted "Water Questions" explaining the Eagle Mine Groundwater Discharge Permit from their point of view.

Save the Wild U.P. hosts poetry contest through March 15

MARQUETTE -- Save the Wild U.P. (SWUP) has announced a new poetry contest, "Putting the Wild into Words," designed to highlight the environment of the Upper Peninsula. SWUP is seeking submissions of nature-related poems -- written in the spirit of wilderness, or inspired by personal connections with the unique landscape of Upper Michigan.

Save the Wild U.P.’s poetry contest is free and open to all current residents of the Upper Peninsula of Michigan. The contest runs February 1 - March 15, 2014. Any U.P. writer may submit online (one entry per person): http://savethewildup.submittable.com.

"Saving the Wild U.P. means naming, cherishing, and then protecting what makes Upper Michigan such an incredible place -- our language, our lakes, and our lands. We’re delighted to sponsor this new contest, because 'Putting the Wild Into Words' will help spotlight that vital vein that runs between landscape and our identity," said Kathleen Heideman, president of SWUP.

Russell Thorburn, U.P. Poet Laureate, will judge. In April, National Poetry Month, Thorburn will join the winners for two special poetry readings, to be held in Munising and Marquette.

Asked how his own poetry connects, Thorburn shared a few lines of his work: "To the cold stones and sky and those crows who don't know they're only shadows against the snow departing, the voices of all those who sing from a lost wilderness, snow day after snow day, 'in lairs and asylums of the tremendous shout.'"

In 2013, Russell Thorburn was named the first Upper Peninsula Poet Laureate, chosen by literary-minded experts from around the peninsula. Thorburn is the author of five books of poetry, including Father, Tell Me I Have Not Aged (Marick Press), and Approximate Desire (New Issues Poetry).

Winning poets will be contacted in mid-March, and invited to participate in two special "Putting the Wild into Words" poetry readings with judge Russell Thorburn.* Winning poems will be featured on Save the Wild U.P.’s website. Poets awarded first, second and third prize will each receive valuable gift certificates from U.P. businesses who support Save the Wild U.P.’s grassroots environmental work.

* Click here for more details on the contest.

New Groundwater Discharge Permit proposed for Lundin Eagle Mine: Analysis by Michelle Halley

[Editor's Note:  The Michigan Department of Environmental Quality (MDEQ) is seeking to renew the Lundin Eagle Mine’s Ground Water Discharge Permit. MDEQ has extended the comment period and will soon announce a public hearing on the permit. According to Save the Wild U.P. (SWUP), the renewal permit contains significantly weakened environmental regulations. SWUP has posted an analysis of the proposed permit by attorney Michelle Halley for Freshwater Future, an organization working to ensure the healthy future of waters in the Great Lakes region.]

By Michelle Halley for Freshwater Future*
Posted on Save the Wild U.P. Jan. 29, 2014
Reprinted in part with permission

Exceedances and MDEQ’s Failure to Act and Backwards Regulation

During the current permit period, the mine has exceeded it limits at least 47 times, in at least the following constituents and characteristics:

• pH;
• arsenic;
• copper;
• lead;
• molybdenum;
• silver; and
• vanadium.

MDEQ has taken no enforcement action. In fact, the mine has exceeded its vanadium limit more than 20 times. Instead of enforcing the limit, in this renewal permit, MDEQ is easing the limit.** This is completely backwards. The MDEQ’s role is regulator, not conciliator. The limits were set, supposedly based upon sound science, as MDEQ strenuously argued during the months-long contested case that encompassed the current groundwater discharge permit. Now, rather than protecting water quality, the draft simply increases the limits to industry’s preferred levels. The facility’s performance should be required to meet the regulatory standards rather than the regulatory standards being adjusted to meet the facility’s performance. ...
Click here to read the rest of this analysis on Save the Wild U.P.

Editor's Notes:
* Michelle Halley, former National Wildlife Federation attorney and senior manager, is also the author of a 2012 report titled "Sulfide Mining Regulation in the Great Lakes Region: A Comparative Analysis of Regulation in Michigan, Minnesota, Wisconsin and Ontario." Learn more about Freshwater Future on their Web site.
** See also "DEQ proposes new groundwater discharge permit for Eagle Mine; public hearing to be announced."

Save the Wild U.P. seeks to hire Regional Organizer

MARQUETTE -- Save the Wild U.P. (SWUP), a dynamic grassroots group based in Marquette, seeks to hire a Regional Organizer to increase their advocacy work protecting the Upper Peninsula’s unique culture, environment, and communities from the hazards of sulfide mining.

As Regional Organizer, the ideal candidate will join SWUP in educating the public on the hazards of sulfide mining -- and in engaging more people in the work of demonstrating how sustainable economies, our unique culture, and our environment are all linked together.

SWUP is a nonpartisan organization that reaches out to people across the peninsula to communicate the region's need to move beyond a dependence on mining for the good of our economies and communities. Activities as Regional Organizer include training activists to speak out at permit hearings, writing email blasts for the group's next free hike, scheduling volunteers, disseminating evidence-based research and education, and much more.

To learn more about the position and to apply on line, click here.

Save the Wild U.P. to host Winter Gala Dec. 7 in Marquette

MARQUETTE -- Join Save the Wild U.P. (SWUP) beginning at 7 p.m. on Saturday, Dec. 7, for their end-of-year Winter Gala event at the Marquette Federation of Women’s Clubs.

The keynote speaker will be John Stauber, author of Toxic Sludge is Good for You; Trust Us, We’re Experts and more. John is a life-long rabble-rouser, founder of the Center for Media and Democracy, and an expert on how well-funded public relations teams work to manipulate science for their own benefit.

In addition to hand-selected wines, the celebration will include hors d'oeuvres, giveaways, and an amazing U.P.-inspired silent auction designed for holiday gift-giving that supports local artists and businesses.

SWUP is proud to feature works by Kathleen Conover, Russell Thorburn, Aaron Peterson, Christine Saari, Beth Millner, Yvonne LeMire, Barry Bernstein, and experiences including a guided fishing trip, dinner at the Sweet Water Café, and massages -- just to name a few. This is truly an event not to be missed!

Tickets are going fast and will likely sell out, so buy yours today at rally.org/SWUPgala or call (906) 662-9987. If you can’t make it, but would like to make a contribution, visit rally.org/savethewildup.

All proceeds will kick off SWUP's 2014 programs protecting the U.P.’s communities and environment from the hazards of sulfide mining. Plans for 2014 include the launch of SWUP's Intern Corps, new grassroots outreach efforts, more cultural events and hikes, and continued clear-eyed advocacy as the group continues working to protect our water and land for generations.

Hike in the Trap Hills Oct. 6

View of the Ontonagon River. The river and fall colors will be part of a hike sponsored by Save the Wild UP and the Trap Hills Conservation Alliance on Sunday, Oct. 6. (Photos © and courtesy Margaret Comfort unless otherwise indicated.)

Save the Wild UP and the Trap Hills Conservation Alliance will sponsor a hike to the gorgeous Trap Hills (near Ewen and Bergland, Mich.) on Sunday, Oct. 6.  This time they will be hiking in the eastern end of the region.

Meet at 11 a.m. EDT at Old Victoria Museum near Rockland, Mich.

Meet at 11 a.m. Eastern Time at Old Victoria Historic site, 3.7 miles west of Rockland.

Those who so desire can take a guided tour of Old Victoria (former mining town) Museum and grounds for $4 per person. The group will then have lunch. Please bring a sack lunch and water bottle. Trail snacks, desserts, and hot apple cider will be provided.

Participants will then carpool to the launch site.

Once again, this will be a guided hike with botanist Steve Garske and retired wilderness ranger/geologist Doug Welker. The hike will include a visit to Gleason Falls. Stunning panoramic vistas abound!

 

Bluff east of Whiskey Hollow Creek in the Trap Hills. (Photo © and courtesy Doug Welker)

This is a MODERATE-DIFFICULTY, THREE-MILE hike of more than three hours, suitable for the entire family!

Following the hike, those who wish will have supper at Henry's in Rockland. Sandwiches, vegetarian selections, and homemade soup will be available. Self-pay.

Enjoy supper at Henry's Inn after the hike. Sally, Erica, and Cassandra will have your table waiting!

Carpooling is available  from your region!

SPACE IS LIMITED, SO PLEASE RSVP to Margaret Comfort at president@savethewildup.org or call 906-250-3284. Once you RSVP, you will receive further information and directions to Old Victoria.

Editor's Note: Read about the August hike in the Trap Hills and see more photos in Save the Wild UP's article, "Kick-off celebration of U.P.’s Trap Hills huge success."

Save the Wild U.P. to hold hike, picnic, concert in Trap Hills Aug. 18

MARQUETTE -- Save the Wild U.P. is sponsoring a free Celebration of the Trap Hills -- including a guided wilderness hike, picnic and folk music concert on Sunday, Aug. 18, 2013, in Bergland Township Park, Bergland, Mich.

This is a photo of Norwich Bluff in the Trap Hills. Enjoy a guided wilderness hike here in Bergland Township Park with botanist Steve Garske on Sunday, Aug. 18. Save the Wild U.P. is sponsoring the hike, a picnic and folk concert. RSVP now for the hike and picnic! (Photo courtesy Margaret Comfort)

Meet at Bergland Township Park. Following a Blessing Ceremony with Nona Trealoff at 10 a.m., botanist Steve Garske will lead a Guided Trap Hills Hike from 11 a.m. to 2 p.m. You must reserve your place on the hike: only 25 spots available. To RSVP for the hike and/or lunch call 906-250-3284 or e-mail president@savethewildup.org. A picnic lunch of brats, grilled veggies and shortcake will be served from 2 p.m. to 3 p.m.

Carpooling is available from Marquette and other regions. Don't be afraid to call the above number and ask.

Wisconsin folk singer Skip Jones will offer a free concert from 3 p.m. to 5 p.m. All are welcome.

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."

60-Day Notice to Sue EPA for regulatory failure at Eagle Mine

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

MARQUETTE -- On Monday, June 24, 2013, Jeffery Loman, a Keweenaw Bay Indian Community member, and Save the Wild U.P., a grassroots environmental group based in Marquette, filed a 60-day Notice to Sue the Environmental Protection Agency (EPA) for violations of the Clean Water Act at the Eagle Mine near Big Bay, Michigan.

View of the Salmon Trout River. Rio Tinto is drilling toward an ore body of copper and nickel located under this trout stream. Citizens concerned about potential groundwater and surface water contamination question the permits given to Rio Tinto for the Eagle Mine near Big Bay. (Keweenaw Now file photo)

According to Loman, a former federal regulator with the Bureau of Ocean Energy Management in Alaska, the EPA failed to require a National Pollution Discharge Elimination System (NPDES) permit for treated mine water discharges at Rio Tinto’s Eagle Mine. In 2010 Rio Tinto told the EPA that the discharges from the revised treated water filtration system were not below the surface of the ground. The State of Michigan issued a groundwater permit while acknowledging that these discharges would actually flow into the East Branch of the Salmon Trout River.

Both Loman and Alexandra Thebert, executive director of Save the Wild U.P. agreed that "the decision to file the notice to sue was done after great circumspection and careful review of what is occurring at the Eagle Mine."

"We seek to correct what is nothing short of a regulatory fiasco at the Eagle Mine," said Thebert. "This is just the first step in a multifaceted plan to do that in full measure -- we are also calling for a federal investigation of the relationship between State of Michigan regulators and the mining industry."

Jeffery Loman also asked questions about Rio Tinto's treated mine water discharges during Rio Tinto's May 15, 2013, Community Forum in L'Anse. At that time, Kristen Mariuzza, Rio Tinto Eagle Project environmental and permitting manager, explained the company's position on their groundwater discharge permit.*

On June 8, 2013, members of Save the Wild U.P., KBIC, Concerned Citizens of Big Bay and other local residents rallied outside a "state" warehouse near the Department of Environmental Quality (DEQ) Upper Peninsula office parking lot in Gwinn, 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. When NMGRA was established in 2008, its Board of Directors featured Rio Tinto and Bitterroot Resources mining executives alongside DEQ and DNR officials. State officials say they have since withdrawn from NMGRA.**

Loman and Save the Wild U.P., however, continue to question the legality of some parts of the permitting process for the Eagle Mine.

"In order to protect our communities and environment, we must ensure that regulations are followed," said Margaret Comfort, Save the Wild U.P. president. "Rio Tinto -- and other mining companies -- cannot operate outside the law."

The 60-Day Notice to Sue was sent by certified mail Monday, June 24 at 2 p.m. EST. The notice went to the Acting Administrator of the EPA in Washington D.C., the EPA Region 5 Administrator in Chicago, the U.S. Attorney General, the Governor of Michigan, and Rio Tinto’s Eagle Mine President Adam Burley.***

Editor's Notes:

* Click here to see our video clip with Loman's questions on NMGRA and on groundwater discharge at Eagle Mine.

See also questions about Rio Tinto's discharges to groundwater which some observers still believe to be unanswered in our Aug. 4, 2012, article about the water treatment plant at Eagle Mine: "Updated: Keweenaw Now tours Rio Tinto Eagle Mine water treatment plant."

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

*** In an article posted yesterday, June 27, 2013, in the Marquette Mining Journal, "City wants changes in Eagle Mine permit," concerning the City of Marquette's concerns about Rio Tinto's haul route through city streets, Rio Tinto spokesman Dan Blondeau was quoted as saying any permits the company has received will remain with the Eagle Mine when the pending sale of the mine to the Toronto-based Lundin Mining Corporation is complete.

The article states, "The Eagle Mine is a stand-alone legal entity and the mining operations are permitted to Eagle, which Rio Tinto currently owns. When the pending deal is completed, full ownership of the mine will shift to Lundin, but the permits will remain with Eagle. No transfer will be necessary, according to Blondeau."

Click here to read the Mining Journal article.

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."

Save the Wild U.P. Director Alexandra Thebert speaks about Rio Tinto's Eagle Mine at events in London

Alexandra Thebert, Save the Wild U.P. executive director, speaks critically about Rio Tinto's Eagle Mine during the London Mining Network's "Stories of Resistance" event at the Amnesty International offices in London, England, on Apr. 15, 2013. She also spoke during Rio Tinto's Annual General Meeting (AGM) for shareholders on Apr. 18. (London photos by Amy Scaife and courtesy Save the Wild U.P.)

LONDON, ENGLAND -- Alexandra Thebert, Save the Wild U.P. executive director, attended Rio Tinto’s Annual General Meeting (AGM) for shareholders on April 18, 2013, in London and voiced community concerns regarding Eagle Mine near Big Bay, Mich.

Thebert reminded Rio Tinto’s shareholders of the mine’s fraudulent permitting, engineers' warnings of unsound structure, the location of the portal under sacred ground (Eagle Rock), the removal of air filtration at the mine portal, uranium, and the continually growing opposition to Eagle Mine and growing support for protecting the community’s health and environment.*

"At what cost to our health and environment do you plan to continue this project for the so-called value of your shareholders?" Thebert asked.

Thebert's brief comments were followed by a rebuttal from Rio Tinto’s CEO, Sam Walsh, who states the mine has been awarded all the necessary permits. He also mentions the recent independent community monitoring program through the Marquette County Community Foundation and the Superior Watershed Partnership. He adds the uranium is naturally occurring in small percentages and is being tightly controlled by the company.* (Audio link below)

Thebert was one of several dissidents who protested Rio Tinto's practices around the world. She joined them on Monday, April 15, 2013, at the London Mining Network's "Stories of Resistance" event at the offices of Amnesty International.

During the London Mining Network's "Stories of Resistance" event on April 15, 2013, Save the Wild U.P.'s Executive Director Alexandra Thebert, center, joins an international panel of dissidents critical of mining practices of Rio Tinto and Anglo American mining companies.

At that event, UK journalist John Vidal of the Guardian moderated a passionate, informative panel discussion, in which Alexandra joined representatives from Arizona, Columbia, Mongolia, South Africa, and West Papua to highlight the appalling labor and environmental records of global mining companies Rio Tinto and Anglo American.** (Video link below)

The London Mining Network is an alliance of human rights, development and environmental groups. They pledge to expose the role of companies, funders and government in the promotion of unacceptable mining projects.

More photos from Save the Wild U.P.

Pictured here with Alexandra Thebert, right, at the London Mining Network's "Stories of Resistance" event are Sukhgerel Dugersuren, left, executive director of Oyu Tolgoi Watch in Mongolia and Benny Wenda of West Papua, now living in exile in the UK, having been granted political asylum by the British government following his escape from custody while on trial. (London photos by Amy Scaife and courtesy Save the Wild U.P.)

Roger Featherstone, left, of Arizona Mining Reform Coalition, a group that opposes Rio Tinto's water diversion and tailings pile plans for a proposed mine in Arizona, speaks at the London Mining Network's "Stories of Resistance" event in London on April 15, 2013.

Audience members applaud for speakers at the "Stories of Resistance" event in London.

 

In solidarity, Save the Wild U.P.'s Alexandra Thebert attended this protest against Anglo American's practices at a gold mine in South Africa. "Yesterday I went to the protests surrounding mining giant Anglo American's shareholders meeting to show our solidarity," Thebert writes on Apr. 20. "You'll be totally unsurprised to find out that Anglo American swoops into communities just like Rio Tinto -- promising jobs and environmental protection and delivering neither."  

* AUDIO: Click here to listen to this MP3 audio recording of Alexandra Thebert speaking at the Rio Tinto AGM on April 18, 2013.

** VIDEO: Click here to see a video clip of Alexandra Thebert speaking at the London Mining Network's "Stories of Resistance" event.

For more info visit Savethewildup.org and for more photos see Save the Wild U.P.'s Facebook page.