MARQUETTE -- -- Citizens concerned about mineral lease requests from UPX Minerals Inc., a division of Highland Copper, filled the Charcoal Room of Northern Michigan University's University Center for an informational meeting held by officials of Michigan's Department of Natural Resources (DNR) on Dec. 4, 2018. DNR officials provided some information on mineral rights in Michigan and tried to answer questions from the public, but some questions went unanswered.
Many property owners asked questions related to the fact that, in Michigan, severed minerals occur when the mineral estate, which includes metallic mineral rights, is severed from the surface estate. In this case, one party may own the right to farm the land, build a house, or graze cattle, while another party may own the right to explore for and produce the metallic minerals from beneath the land at the same property, if such minerals exist.
UPX is seeking to lease thousands of acres of State-owned minerals in Marquette County. These mineral properties are underneath private property, homes, camps, rivers and streams, lakes, wetlands -- even nature reserves and the DNR’s own Rocking Chair Lakes. Located 25 miles northwest of Marquette, the Rocking Chair Lakes are a natural area, managed for trout fishing, in a rugged and nearly inaccessible part of Marquette County.*
"Our property was nominated, and that's how I got involved, Sue Beckstrom-Noël told Keweenaw Now. "We have a creek that flows into the Dead River basin, and we have wetlands on our property that feed into that creek."
Some residents, whose properties are outside the parcels nominated for leasing mineral rights, were still concerned because of their own property's proximity to a parcel nominated for leasing by UPX.
Dennis Ferraro, who lives on Eagles' Nest Road, and his neighbor, Amy Frieden, were among the landowners concerned about potential leases near their properties. Ferraro said his property is only about three or four miles from Echo Lake, which is one of the areas included in the lease request.
Speaking for herself and her neighbors, Amy Frieden told Keweenaw Now, "We're all pretty concerned about the health effects that sulfide mining will have."
Marcia Gonstead of Big Bay shared her experience living 13 miles from the Eagle Mine, noting concerns about the noise of mining trucks, her health and her water.
Should a UPX mineral lease request be approved by DNR, UPX would receive the exclusive right to explore for the presence of metallic minerals in these areas. A lease alone does not grant a lessee a right to mine. While a decision on the leases of state-owned mineral rights was to be made in February, so far the DNR Web site does not indicate a decision has been made. The local residents who gave comments at the Dec. 4 meeting were unanimously opposed to the lease requests and/or the mining exploration those leases would allow, which could lead to further sulfide mining and threats to the environment.
Videos: DNR officials reply to questions
The first part of the Dec. 4 meeting was devoted to questions presented in written form on cards and to open verbal questions from the audience. Steve Casey, now retired, former Michigan Department of Environmental Quality (MDEQ) Upper Peninsula District Coordinator, Water Resources Division, read the written questions and assisted officials from the DNR's Office of Minerals Management in moderating the meeting.
Julie Manson, property manager with the Lease Management Unit of the DNR’s Office of Minerals Management, replied to a question on mineral rights ownership.
Mark Sweatman, director of the Michigan DNR's Office of Minerals Management, explained that when mineral rights are severed from the surface estate, the mineral estate becomes the "dominant estate" and the surface estate becomes the "servient estate." Sweatman also noted that royalties on state-owned minerals are constitutionally protected. Those funds are used for parks and recreation, wildlife, etc.
"People are paying for the resources they're taking from the State," Sweatman said. "We are getting paid for the use of our land or for the taking of those minerals."
On the other hand, Sweatman gave an example of the State of Michigan, as the surface owner, being sued for opposing drilling by an owner of mineral rights under sand dunes. In that case, the court ruled against the State and Michigan had to pay $90 million.
A question from the audience referred to that example in expressing concern that an individual surface-only property owner is in a worse position than the State if drilling occurs on his/her land. Another audience member asked about the possibility of mediation between a property owner and a lessee.
Sweatman also replied to a question on monitoring, based on recent exploratory drilling by Highland Copper near the Porcupine Mountains Wilderness State Park. He explained interaction between Highland Copper and the DNR helped avoid surface damage within the park. Sweatman said the DNR required various safeguards to protect the surface features at the park, including drilling only when the ground was frozen. Some damage was done during the exploratory drilling, but it was outside the park boundaries.***
In the case of Rocking Chair Lakes, Sweatman explained the lease classification of "non-development."
Chris Burnett of the Upper Peninsula Land Conservancy asked DNR officials how they determine value, for example, the value of water rights vs. the value of mineral rights.
Following up on his question, Kathleen Heideman, board member of the Upper Peninsula Environmental Coalition (UPEC) and member of UPEC's Mining Action Group, asked if DNR officials -- before the lease nomination process -- consider their own management plan to determine the actual value of resources that would be impacted should mining occur because of the mineral values below the surface.
Sweatman asked Don Mankee of the DNR Forest Resources Division to reply to their questions on value.
Videos: Concerned residents offer comments to DNR
The last half hour of the Dec. 4 meeting was devoted to individual comments (not questions) from members of the audience.
Marquette County resident Dennis Ferraro commented on mercury pollution from mining, offering facts from recent scientific research, including a study by Charles Kerfoot, Michigan Tech professor emeritus in Biological Sciences, and his research team.
Horst Schmidt, UPEC president, thanked DNR officials for having the meeting and acknowledged the role played by UPEC's Mining Action Group in calling attention to the mineral lease issue. He also mentioned several ongoing mining projects in sensitive Upper Peninsula areas.
Jeffery Loman of the Keweenaw Bay Indian Community contrasted Alaska, where residents receive royalties from oil, with the U.P., where the potential for a renewable fishing industry has been hindered by clearcutting and stamp sand waste from century-old mining.
The UPEC / Mining Action Group's Kathleen Heideman commented on why the minerals in Marquette County should be left in the ground and why landowners should be given the right to re-unite mineral rights to their properties. Heideman reminded DNR staff members that the DNR is reviewing the Lake Superior Watershed Partnership's Watershed Plan, which covers most of the area of the UPX mineral lease requests and recommends not allowing sulfide-based mining in these areas. She also explained why the DNR's nomination process should include contacting landowners.
During his comments at the meeting, Chris Burnett of the U.P. Land Conservancy, learned that the parcels owned by his group and nominated for mineral lease had been withdrawn. While he was glad to hear that, he expressed concern about the nomination process and whether DNR staff actually made site visits to learn about the areas they were leasing.
As a landowner whose property has been nominated for a mineral lease, Sue Beckstrom-Noël noted that the DNR is operating under certain restraints. She challenged residents to be pro-active and continue to speak out if they wish to change laws in order to protect this beautiful environment.
Following the meeting, in answer to a question from Keweenaw Now, Mark Sweatman said, "It (the meeting) accomplished all of my goals for informing the public."****
Notes:
* See our May 9, 2018, article, "Landowners alarmed by Highland Copper subsidiary's mineral lease requests; Highland completes Copperwood 2018 winter exploration in Porkies."
** See "Digging into severed mineral rights (Showcasing the DNR)," by Michigan DNR.
*** See our May 12, 2017, article, "DEQ cites Highland Copper's wetlands, soil erosion violations from mining exploration in Porkies, along CR 519."
**** For more information on the UPX mineral lease requests, click here and scroll down to UPX Minerals Inc. Direct Mineral Lease Request for additional links.
