DEQ hearing on Aquila Back Forty mining project attracts hundreds; deadline for written comments is Nov. 3

Seated on the floor and the bleachers and standing along the walls, several hundred people filled the Stephenson High School gym on Oct. 6, 2016, for the Department of Environmental Quality (DEQ) public hearing on permits for Aquila Resources' Back Forty Project to construct an open-pit sulfide mine near the Menominee River in the Western Upper Peninsula, near the Wisconsin border. (Photo © and courtesy Emilio Amador Reyes)

By Horst Schmidt*

[Editor's Note: The deadline for submitting written comments on the Aquila Back Forty mining project is 5 p.m. Nov. 3, 2016. See below for information.]

STEPHENSON, Mich. -- On October 6, 2016, a crowd of hundreds filled the Stephenson (Mich.) High School gym for the Michigan Department of Environmental Quality (DEQ) public hearing on mining, wastewater and air quality permits for Aquila Resources' Back Forty Project -- an open-pit sulfide mine for gold, zinc and other metals, proposed for the bank of the Menominee River, 10 miles west of the town of Stephenson.

In the crowded lobby area of the school's gym, the DEQ had tables where one could sign up to speak and obtain informational handouts and where DEQ staff were available to answer questions. In the gym people sat in chairs, on the floor and in the bleachers. The state officials were sitting at tables on one side of the facility. As they ran out of seating, more chairs were brought in; but people still stood along perimeter walls. Several media representatives were recording the event, some staying for almost the entire four and a half hours.

In the lobby of the Stephenson High School gym, attendees sign up to make comments. DEQ staff familiar with the permit applications were also available at tables to answer questions. (Photo © and courtesy Horst Schmidt)

Local police, sheriff's deputies and two DNR conservation officers made themselves evident. Since hostility is vocalized and the feelings are strong at times, DEQ personnel requested security. Those who attend these hearings and meetings in our Upper Peninsula communities are usually well behaved, but at times vocal. Throughout the hearing, some people were defiant, but stayed within the limits of propriety. Audience members applauded frequently and were never rowdy or showed any sign of committing violence.

As the hearing begins, some people are still standing along the walls. (Photo © and courtesy Horst Schmidt)

This consolidated public hearing was intended to cover not only the proposed decision on the extensive (reportedly more than 37,000-page) Part 632 mining permit, but also the NPDES (National Pollutant Discharge Elimination System) wastewater draft permit and the Air emissions draft permit. Aquila submitted an application for a Wetlands permit, but it must be re-done and reviewed separately.

Wisconsin activists, Menominee tribal leaders speak against Aquila project

Laura Gauger, a former Wisconsin activist, came from Duluth, Minn., to testify that mines with sulfide ore bodies are dangerous because the sulfide binds with water to become sulfuric acid.  She cited the former Flambeau mine in Wisconsin as an example of a sulfide pollution that will need perpetual water treatment. Gauger has also published extensive information on the Flambeau Mine to prove it was not, as mining proponents often say, a "successful" sulfide mine and cannot be compared to the Back Forty.

In her Web site document, Flambeau Mine Exposed II, Gauger notes, "There was no on-site processing of ore at Flambeau (all the ore was shipped to Canada for smelting), and hence there are no tailings stored at the project site. This contrasts sharply with the Back Forty’s 11.8 million tons of toxic tailings that will be stored next to the Menominee River in perpetuity. The Flambeau Mine pit was also much smaller than the proposed Back Forty pit. Comparing the two projects is like comparing apples to oranges."**

Residents from Wisconsin brought this large protest sign to the hearing in Stephenson, Mich. (Photo courtesy Save the Wild U.P.)

Al Gedicks, executive secretary of the Wisconsin Resources Protection Council and emeritus professor of environmental sociology at the University of Wisconsin-La Crosse, denounced the destruction of Native American burial sites on the proposed mining site. On Sept. 22, 2016, Gedicks spoke in detail about the Back Forty Project at a gathering of Native and non-Native concerned citizens on the Menominee River. He pointed out that the project would be a risk to investors if it lacks a social license (i.e., support of local communities) to operate.*** 

Guy Reiter, a major force in creating awareness of Native American interest and concern, let the DEQ know about the Menominee Tribe view.

A large number of Menominee tribal members spoke, many eloquently, about the proposed despoiling of their cultural artifacts and their burial grounds along the river and on the property where mining is proposed. A young woman had a staff with feathers with which she accompanied Native American speakers to the podium and stood there until they finished.

Accompanied by another tribal member holding a sacred staff with feathers, Ada Deer, Menominee elder, speaks to the Michigan Department of Environmental Quality on behalf of her nation. (Photo courtesy Save the Wild U.P.)

Native American veterans, the tribal chair, young people, old people, children all made pleas and accusations, citing prophesies and expressing anger and frustration during the course of the evening. Many stated the proposed mine site would desecrate Native American grave sites which have been there hundreds of years. The state says the company will respect the sites while excavating and building a concrete wall and settling ponds. Tribal members cited potential water pollution that would impact sturgeon who spawn in the Menominee River.

Tribal leaders have sent written comments to the DEQ as well.

One letter, from Joan Delabreau, Menominee Tribal Legislature chair, states the treaty origin of the Tribe's objections: "The Tribe’s ancestral territory in Michigan included lands located in what is now known as Dickinson, Menominee, and Delta Counties. These lands were ceded to the United States in the Treaty of 1836. The Tribe retains a historical connection to the land, which includes the creation of the Menominee Indian Tribe at the mouth of the Menominee River and territorial use along the same. This area along the Menominee River remains significant to the Tribe and preservation of our history, culture and site of our ancestors' remains is of utmost concern."****

Emotions high but DEQ security keeps order 

What is at stake?  A rural area along the boundary of Wisconsin and Michigan where tourism and logging have prevailed not far from Stephenson, a small town which has seen better days. The Shakey Lake recreation complex is not far from the river. One can see many signs along county roads -- some supporting, but many more against, the mine.

Standing at the back of the Stephenson High School gym during the hearing, a protester holds a sign saying "Fight the Greed." (Photo © and courtesy Emilio Amador Reyes)

Aquila Resources, the company doing the exploration and permit applications, makes claims about the safety of their engineering plans -- which include building a wall along the river to protect the pit from potential flooding, tailings ponds, the open pit mine going down 750 feet, the ore processing and water treatment plants. The goal of the DEQ is to facilitate the mining application by allegedly reviewing it against their Part 632 criteria. The question of the appropriateness of a mine so close to a major river does not seem to enter the picture. When challenged, the DEQ cite the rules rather than question the premise of environmental safety raised by environmental groups. Frequently, the agency personnel make arbitrary decisions without consulting anti-mining forces, reflecting a pro-business attitude. And, as with any mining conflict in communities, the company dangles jobs in poor counties.

Seated at this table facing the audience at the Oct. 6 DEQ hearing are Sylvia Heaton (foreground), chief of the Lakes Superior and Michigan (NPDES) Permit Unit of DEQ Water Resources Division; to her left: Hal Fitch, chief of DEQ Office of Oil, Gas and Minerals; Steve Casey, Upper Peninsula district supervisor, DEQ Water Resources Division, who conducted the hearing; and (not visible, on Casey's left) Lynn Fiedler, DEQ Air Quality Division chief. At the far end of the table is the meeting recorder. (Photo © and courtesy Horst Schmidt)

Steve Casey, Upper Peninsula district supervisor for DEQ Water Resources Division, said he believed the hearing was a success. Although comments of five minutes are normally allowed, he was obliged to reduce the comment time to three and finally to two minutes each in order to accommodate all the speakers, Casey said.

"At the start of the meeting, we had well over 100 people indicating they wanted to speak," Casey reported. "Since we had reserved the gym for four hours (which is 240 minutes), I realized that we wouldn’t get through all of the speakers in the allotted time  (240 minutes/100 speakers = 2.4 minutes per speaker).  At the start of the meeting, I shared these facts and said we’d allow 3 minutes for each commentator. I hoped at that point that enough people would use less than 3 minutes so we would make it. With about 90 minutes to go, we still had about 45 commentators waiting. So I shortened the time to two minutes.  Even so, we still had people waiting to speak at 10 p.m., the announced close of the meeting.  Fortunately, staff of the Stephenson High School agreed to give us another half hour, which was EXACTLY what it took to give everyone the opportunity to speak."

One woman asked numerous questions about the mining company application in which many questions are left unanswered.  She later came back when another member gave up his time to allow her to finish. State conservation officers were prepared to remove her after she was admonished by Casey for coming up the second time to speak. The confrontation was quietly settled when she and the person who had given up his time left the podium. Some Native American speakers flouted the time limit with audience support as Casey asked them to stop. Throughout the hearing, Casey maintained a calm facade, reflecting his 31 years of experience with the DEQ.

"We knew emotions were running high, so we did have security at this event," Casey noted. "Fortunately there were no serious incidents."

Emilio Amador Reyes, a resident of Stephenson, said the majority of people seemed to be opposed to the mine and the audience included people from both Michigan and Wisconsin.

"The sense of opposition was really powerful," Reyes said. "But the DEQ bases their decision on our weak mining laws and they don't always go by the opposition unless people can show the company is violating the laws."

That's not to say there were no supporters of mining. Individuals from companies in Iron Mountain expressed support because they would be benefactors. The Champion company of Iron Mountain, a potential supplier to Aquila, favored the mine saying it creates jobs and is safe. An Aquila employee spoke in favor of the mine. Local supporters also touted the economic benefits.

Bill Malmsten former president of Upper Peninsula Environmental Coalition (UPEC) and a long time anti-mining advocate, spoke against the mine. Chuck Brumleve, an engineer working for the Keweenaw Bay Indian Community, was adamantly opposed. Ron Henriksen, who founded the Front 40 advocacy group in Menominee County and has been leading the drive to stop the mine for 13 years, also spoke.

There was a lot of applause from the audience when speakers made especially strong appeals, asked questions DEQ has not answered or has answered inadequately. The pro-mine crowd also cheered for their people.
 
Just as the rhetoric got heated, so did the high school gym with about 400 people in the bleachers and on the floor. Anti-mine advocates usually got about two-thirds of the audience applauding when they made strong, emotional or humorous statements.

Professor David Overstreet, an archeologist specializing in Native American history, spoke about the adverse effects of mining on one of two sites in North America with undisturbed graves. Another person cited statistics about the proposed 83-acre parcel which will be 750 feet deep and where cyanide will be used, approximately 20 kilograms a month, saying it will reach the mouth of the river in 48 hours. Tourism will be will be negatively affected. The water table will drop as the company pumps to keep it out of the mine.

An environmental engineering consultant asked how the sulfuric acid produced and the cyanide used will be cleaned up.  A sportsman spoke about how hunting and fishing will no longer be plentiful.  Others commented that the mine is reckless endangerment and the state should create sustainable revenue sources.

Save the Wild U.P. leaders: Why DEQ should deny permits  

Alexandra Maxwell, executive director of Save the Wild U.P. (SWUP), and Kathleen Heideman, SWUP president, who have been leaders in the fight against the mine, spoke eloquently about its negative effects. They have also sent detailed written comments to DEQ explaining why the agency should deny the permits for this project.

In her official written comments to the DEQ, Maxwell writes, "Aquila resources wants us to believe we can afford to put an open-pit sulfide mine on the banks of the Menominee and rest easy. They want us to believe we can just put our feet up as the dollars roll in! They want us to put faith in the old adage that the solution to pollution is dilution, so they can dump 1.52 million gallons of treated wastewater a day into the Menominee. Wastewater with contaminants at dangerous -- but legal and authorized -- levels -- and that doesn’t even take into account the accumulated emissions from air impacts that settle in soil and make their way to groundwater! The only thing Aquila has relied upon to convince us this mine is a good idea, is the jobs angle, and those are jobs with a very short lifespan. So, really, what this says to me, is that Aquila needs to deliver on promises to stakeholders and investors and they would like to use the Menominee River as their proving ground."

Heideman also submitted written comments to the DEQ, pointing out that Aquila made false statements in their permit application to DEQ.

"Aquila told the DEQ this is a 7 year open pit mine with no underground mine," she writes. "But in every press release published by from Aquila Resources, they describe it as a '16 year life of mine, of which 12.5 Mt is open-pit and 3.6 Mt is underground.'

"By minimizing the Life of Mine number (7 instead of 16 years), the company’s application SIGNIFICANTLY UNDERESTIMATES the mine’s environmental impacts," Heideman notes. 

Heideman also explains that, by leaving out the underground part of the mine, Aquila has submitted a fraudulent application:

"Throughout the permit application, Aquila fraudulently claimed that 'no underground mining' will occur, conveniently sidestepping valid regulatory concerns under Michigan’s Part 632 rules governing sulfide mining," she writes. "Multiple items pertaining to underground mining were marked 'not applicable' such as:

• location of shafts portals and other openings? N.A.
• extent, depth and dimensions of underground workings? N.A.
• provisions to ensure underground mining will not cause material damage to natural features on lands not owned by operator? N.A

"In the permit application, Aquila skipped all of the DEQ’s questions about Subsidence, Impacts to Public or Private Water Supply Wells and Aquifers, Closure of Openings and more, stating 'project does not include an underground mine as such contingency planning is not required' or 'underground mining was considered but rejected (…)' or 'underground mining is not a prudent alternative...'"*****

At the hearing, people who have lived here for generations spoke against it. People who have their summer homes did so as well. There was pleading, cajoling, anger, frustration, a silent-like stoicism at times from the speakers.

The state Office of Great Lakes and DEQ have spent $21 million to clean up the harbor in Menominee from former industrial companies, monitored by the DEQ. Here we have two parts of the same agency cleaning up the legacy mess while getting ready to approve the Back 40.

Steven Garske, botanist with the Great Lakes Indian Fish and Wildlife Commission and a resident of Marenisco, Mich., in the western UP, in his written comments to DEQ, questions the logic of approving this mine.

"The Michigan DNR, the Wisconsin DNR, sportsmen's groups and others have spent a lot of money, time and effort restoring the Menominee River fishery after damage from dam construction in particular," Garske writes. "This effort has partly focused on restoring healthy sturgeon populations to the river. The Menominee River is the primary spawning grounds for Lake sturgeon in Lake Michigan. The open pit would be perched 100 feet at most from the river. What happens if they get 12 inches of rain in 24 hours like Duluth did a few years ago, or 14 plus inches like some spots in northern Wisconsin did this summer? Does the whole thing go sliding into the river?"

The company offers assurances that if there is flooding the mine will not be affected nor will the company take shortcuts nor will there be new poisoning of the river. Will the DEQ offer these same assurances by permitting this project?

Interested persons may submit written comments on this project by mail or e-mail until 5 p.m. November 3, 2016. Mail your comments to DEQ Back Forty Comments, Office of Oil, Gas, and Minerals, 1504 West Washington Street, Marquette, MI 49855. E-mail your comments regarding the Back Forty Mine Project to the designated MDEQ mailbox at DEQ-Mining-Comments@michigan.gov. All verbal and written comments presented during the hearing and comment period will be considered prior to making a final decision on each of the proposed actions.

To access links to Aquila's Back Forty permit applications, click here.

Editor's Notes:

* Guest author Horst Schmidt is a concerned citizen from Tamarack City, Michigan. He attended the Oct. 6 DEQ hearing in Stephenson and wrote this article at the request of Keweenaw Now.

** Click here to read Laura Gauger's well researched comments on the Back Forty project and the Flambeau Mine. 

** See a video of Al Gedicks speaking about the Back Forty mine at a gathering on the Menominee River Sept. 22, 2016. 
See also Gedicks' Sept. 16, 2016, article: "Michigan mine threatens tribe’s sacred sites."
Click here for comments on the Back Forty by the Wisconsin Resources Protection Council. 

*** See the rest of Joan Delabreau's written comments here.

***** Click here to read the rest of Alexandra Maxwell's and Kathleen Heideman's written comments and to access comments by others on the SWUP Web site. 

MDEQ to hold October public hearing on Aquila Back Forty mining project near Menominee River; public comment period continues

By Michele Bourdieu

At a "lunch and learn" informative session on Aquila Resources’ Back Forty Project for an open-pit mine near the Menominee River, Save the Wild U.P. President Kathleen Heideman points out the location of the proposed pit (red circle) and its proximity to the Menominee River. Save the Wild U.P. held three of these sessions in Marquette to inform concerned citizens about the mining project so that they might participate in an upcoming MDEQ (Michigan Dept. of Environmental Quality) public hearing on permits required for the proposed mine. (Photo by Keweenaw Now)

MARQUETTE -- The Michigan Department of Environmental Quality (MDEQ) plans to hold a public hearing in early October 2016 on Aquila Resources' Back Forty Project -- an open-pit sulfide mine for gold, zinc and other metals, proposed for the bank of the Menominee River, 10 miles west of the town of Stephenson, Mich.

MDEQ held an initial public informational meeting on Aquila's Part 632 mining permit application on Jan. 5, 2016. The upcoming consolidated public hearing is intended to cover not only the proposed decision on the extensive (reportedly more than 37,000-page) Part 632 mining permit, but also the NPDES (National Pollutant Discharge Elimination System) wastewater draft permit and the Air Quality draft permit.

Joe Maki, MDEQ geologist for the Office of Oil, Gas and Minerals (Marquette), told Keweenaw Now today that he expects a Public Notice will probably be posted for the upcoming October public hearing as early as tomorrow, Sept. 2, 2016. A 30-day public comment period will precede the hearing and will continue after the hearing.

"Under 632, after the hearing, the statute says we are required to keep the public comment period open for 28 more days," Maki said, "but it could be open beyond that if we receive important technical information."

The NPDES is a wastewater discharge permit which would regulate water treatment and authorize wastewater discharges to the Menominee River.

An August 3, 2016, Public Notice of a 30-day comment period for the NPDES permit stated the following: "The applicant proposes to discharge treated mine drainage, treated wastewater, and treated storm water to the Menominee River. The applicant proposes to develop a polymetallic mineral deposit that will include an open pit mine, beneficiation facilities, and tailings  management facilities. The ores will be processed for zinc, copper, silver, and gold. This draft permit authorizes an increased loading of pollutants to the Menominee River, which will lower the water quality with respect to certain parameters."*

The Public Notice added that Aquila also submitted an Antidegradation Demonstration showing that "lowering of water quality is necessary to support the identified important social and economic development in the area."*

Aquila's NPDES permit application states, "Water discharge is required, since water demands of the milling facility are exceeded by water sources available from precipitation and mine water inflow. Excess water is treated and discharged through a discharge pipe/outfall directly to the Menominee River adjacent to the Project. This application requests approval to discharge treated water to surface waters of the state."*

Comments on NPDES draft permit to be accepted after Sept. 2 deadline

While the 30-day comment period on the NPDES draft permit is stated to end this Friday, Sept. 2, 2016, two MDEQ officials told Keweenaw Now that comments will be accepted beyond that date.

According to Steve Casey, Upper Peninsula District Supervisor, MDEQ Water Resources Division, people can still submit comments on the NPDES after Sept. 2 since another 30-day comment period to precede the consolidated public hearing will include that permit along with others.

Alvin Lam, environmental engineer in the Permit Section of MDEQ's Water Resources Division in Lansing, who receives the NPDES comments, confirmed yesterday that he would continue to accept comments emailed to him at lama@michigan.gov, even after the Sept. 2 deadline, when comments based on the Aug. 3 Public Notice will not be accepted on the Web site.

"If people want to submit comments to me by email I will accept them," Lam said.

Lam noted he has received about 10 comments through the Web site and a few more via email. He expects the gap between the two 30-day comment periods to be brief since a Public Notice on the hearing, tentatively to be scheduled for early October, is expected to be issued soon.

Casey said the NPDES public comment period for 30 days preceding the hearing could possibly be extended after the hearing as well.

"The statute (Part 31) is very protective of the water," Casey said. "It requires that we put restrictions on the discharge so that it doesn't cause significant degradation."

Save the Wild U.P. offers information on Back Forty project

During three "lunch and learn" sessions in Marquette, Save the Wild U.P. (SWUP) an environmental group that opposes sulfide mining, offered presentations and discussion to help concerned citizens learn about the complexities of the Back Forty project so they might be better prepared to participate in the upcoming public hearing.

During the July 18, 2016, session, SWUP President Kathleen Heideman displayed a map that shows the proposed location of the open-pit mine and its proximity to the Menominee River, near the Michigan-Wisconsin border:

During an informational session for concerned citizens in Marquette, Save the Wild U.P. (SWUP) President Kathleen Heideman describes the location of the proposed Aquila Resources Back Forty open-pit sulfide mining project near the Menominee River and notes the company's plan for a land swap with the State of Michigan, which owns much of the area. William Malmsten, former president of UPEC (Upper Peninsula Environmental Coalition), who moved to Marquette from Menominee County, speaks about the popular Shakey Lakes county park adjacent to the proposed mine site. Alexandra Maxwell, SWUP executive director, mentions a nearby savannah that is a special ecosystem. Click on YouTube icon for larger screen. (Video by Keweenaw Now)

In a list of "Aquila Back Forty Facts" on their Web site, Save the Wild U.P. states, "The entire planned Back Forty open pit mine and Tailings Waste Rock Management Facility basins (TWRMF) hinge on a single underlying assumption: that the State of Michigan will agree to a proposed LAND SWAP with Aquila Resources.The proposed land exchange threatens critical habitat, including threatened and endangered species. The mining proposal’s open pit mine, contingent upon the land swap, would disturb or destroy tribal archaeological resources, treaty protected natural resources, and Menominee River fisheries."**

Heideman pointed out the location of archaeological sites on her map. The Menominee Tribe has expressed serious concern that the mine would destroy several historical and sacred sites that date back 1000 years.***

Kathleen Heideman describes the archaeological sites in the area of the proposed mine, including the origin place of the Menominee people, garden mounds and burial sites. She also notes Aquila's proposal of a cutoff wall between the pit and the river. (Video by Keweenaw Now)

In addition to the NPDES permit for wastewater, Aquila must obtain a Wetlands permit since the proposed mine would impact several wetlands in the area.

According to Steve Casey, the Wetlands permit is different from the other permits because the Public Notice for wetlands is for the complete application, not a proposed decision, as in the case of the Part 632 mining permit, or a draft permit such as the NPDES or the Air Quality permit. He noted Aquila is now working on getting a complete application for wetlands. Consequently, the upcoming consolidated public hearing will not include the Wetlands permit.

"It's very different (for wetlands) because we ask for public input before we've completed our evaluation," Casey said.

In her July 18 presentation, Heideman pointed out the location of wetlands in the Back Forty project area and cited some errors made by Aquila in the wetlands application process.

On this detailed map, Heideman notes with blue stars the locations of wetlands near the proposed open-pit mine. The red star at left marks the location of the (NPDES) wastewater discharge pipe. (Video by Keweenaw Now)

SWUP's Fact Sheet notes that because Aquila's Back Forty is a potential sulfide mine, the danger of Acid Rock Drainage (ARD) is very high since it threatens to leach sulfuric acid into the Menominee River, which flows into Lake Michigan. SWUP cites concerns of the Center for Science in Public Participation, which did a technical review of the Aquila project and reported ARD as one of their concerns in a Feb. 24, 2016, letter to SWUP's Kathleen Heideman.****

Casey said the potential for ARD depends on what is in the ore.

"We're requiring treatment of their wastewater to meet water quality standards to protect the Menominee River," Casey explained.

The Part 31 water quality standards have been approved by the U.S. Environmental Protection Agency (EPA) as protective, he added.

From a request through the Freedom of Information Act, Save the Wild U.P. has received copies of Public Comments on Aquila’s Back Forty Project, received by MDEQ between December of 2015 and March 2016. SWUP says more than 2,000 members of the public -- including local residents, landowners, fishing enthusiasts, business owners, county officials, educators, tourists, tribal members, scientists, environmentalists and other concerned citizens -- expressed serious concerns about the project. SWUP has made these comments available online.

Maki said he read all the comments his office received, but he didn't remember getting as many as 2,000 of them. He said MDEQ has considered all aspects of the application.

"We will not close the public comment period (for Part 632) until we have made a final decision," Maki added.

Maki also pointed out that, under Part 632, a mining permit is not effective until all other environmental permits have been approved.

Editor's Update: A Sept. 2, 2016, press release from MDEQ confirms Oct. 6, 2016, as the date for the consolidated public hearing.

See also: "Aquila Resources: Putting Their Mine Where Our River Mouth Is?" by Tyler Detloff, reprinted from Anishnaabe News, Spring 2016, p. 10, by Save the Wild U.P.

Notes:

* Click here to download the complete Public Notice on the NPDES permit for Aquila Resources' Back Forty project and related MDEQ documents, including the draft NPDES permit.

** See SWUP's "Aquila Back Forty Facts."

*** Click here to read about the Menominee Tribe's connection to the Menominee River and its "Sixty Islands."

**** Click here to read the letter from the Center for Science in Public Participation.

Learn potential impacts of Back 40 sulfide mine: Save the Menominee River Speaking Tour forum July 23; canoe/kayak excursion July 29

(Image courtesy Save the Wild U.P.)

From Save the Wild U.P.: 

MARQUETTE -- Grassroots opposition to Aquila’s Back Forty metallic sulfide mine next to the Menominee River will sponsor its fourth public forum on the cultural, environmental and economic impacts of the proposed mine at 10 a.m. on Saturday, July 23, in the Wausaukee, Wis., Town Hall (N 11856 Hwy 141). Save the Menominee River Speaking Tour sponsored previous forums in Marinette, Wis., and Menominee and Stephenson, Mich. The event is free and open to the public.

Speakers from groups including the Menominee Indian Tribe of Wisconsin, the River Alliance of Wisconsin, the Front 40 citizens group and the Wisconsin Resources Protection Council will present information about mining impacts, including the endangered sturgeon population in the Menominee River, and invite public comments about the proposed open pit mine.

Save the Wild U.P. to host activist trainings

Michigan’s Department of Environmental Quality is expected to hold a Public Hearing on the Back Forty proposal later this summer (TBA). Citizens can learn how to speak out at public hearings in "lunch and learn" activist trainings sponsored by Save the Wild U.P. (SWUP) from noon to 3 p.m. on Monday, July 18; Monday, July 25; and Monday, Aug. 1. followed by a social hour at the Ore Dock Brewing Company’s upstairs public space, 114 W. Spring St. in Marquette.*

Canoe/Kayak Excursion July 29

For those interested in a closer look at the proposed mine site, the River Alliance of Wisconsin is leading a canoe/kayak excursion on the Menominee River on Friday, July 29, to learn about the mine and appreciate the beauty of this river. Starting at the White Rapids dam, east of Amberg, Wis., and northwest of Stephenson, Mich., the excursion will visit significant native American archaeological sites and do a "paddle-by" of the proposed mine site. The River Alliance will be joined by officials from the Menominee Indian Tribe of Wisconsin and the Front 40 citizens group.  The Menominee River takes its name from the Menominee Indians of Wisconsin whose creation stories start at the mouth of the Menominee River. According to Guy Reiter, a Menominee tribal member, "the creator gave us responsibility for watching out for that water thousands of years ago." Click here for more details and registration.

For more information contact: Guy Reiter (715) 853-2776 anahkwet@hotmail.com or Ron Henriksen (906) 563-5766 menomineeriver.com.

* Editor's Note: See Save the Wild U.P.'s recent article, "Public Comments to MDEQ: 98 percent Opposed to Back Forty!"

Environmentalists applaud dismissal of Road Commission's CR595 lawsuit

From Save the Wild U.P.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Editor's Notes:

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

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

Action Alert: Citizens oppose Aquila Back Forty sulfide mine!

From Save the Wild U.P.:

This photo shows how close the proposed open-pit sulfide mine could be to the Menominee River. (Photo courtesy Save the Wild U.P.)

MARQUETTE -- Citizen opposition to the Aquila Back Forty project is growing -- ADD YOUR VOICE!

Please take a moment to let Michigan’s elected officials know that you oppose the Back Forty open pit sulfide mine, proposed for the bank of the Menominee River. First, click to READ THE LETTER OF OPPOSITION. Feel free to add your own specific concerns to the letter. When you’re ready, click SIGN AND SEND NOW -- it’s that simple!

Your letter will be sent to Michigan State Representatives Ed McBroom, John Kivela, and Scott Dianda; State Senator Tom Casperson; Governor Rick Snyder; U.S. Senator Debbie Stabenow; and U.S. Congressman Dan Benishek. It will also be sent to Director Bill Moritz (Michigan DNR), Director Keith Creagh (Michigan DEQ), and Joe Maki (DEQ). Additional info is available on the DEQ’s website: http://www.michigan.gov/deq/0,4561,7-135-3311_18442---,00.html.

Editor's Note: For more background on why Save the Wild U.P. opposes the Back 40 project, see "Save the Wild U.P.: Will Michigan DEQ reject fraudulent Back Forty mine permit?"

Hike wilderness trail with Save the Wild U.P., The Nature Conservancy May 7; EPA meeting on L'Anse Warden Plant; forums on Back 40 project

From Save the Wild U.P.

MARQUETTE -- A special collaborative event between The Nature Conservancy and Save the Wild U.P. will be held on Saturday, May 7. Enjoy a guided hike of the Elliott Donnelly Wilderness Trail, one of the wild gems of Marquette County.

The Donnelley Tract was purchased by Elliott Donnelley and gifted to the State on behalf of Trout Unlimited. The purpose of this gift was to protect the Little Garlic River and its watershed for the trout fishery it provides. The special guide for this hike is Mac Strand, Northern Michigan professor of biology, who will help participants appreciate the "river flowing under the river," groundwater interactions, and the key importance of unnamed tributaries to health of the Little Garlic River. Jeff Knoop of The Nature Conservancy will also be along to discuss TNC’s work to protect this area. Meet-up is at 12:30 p.m. at the Little Garlic Trailhead off CR-550. There is a $10 fee to participate, with all proceeds benefiting the work of Save the Wild U.P.

Thanks to those who participated in the recent Earth Day "Cleaning Up after Sulfide Mining" event -- a great success!

"We removed four bags of trash and seven bags of recyclables from the AAA road," said SWUP Executive Director Alexandra Maxwell. "Even small events like this make a big difference, and seeing individuals do their part is incredibly inspiring -- stay tuned as we plan to offer more clean-ups down the road!"

More upcoming events

What’s happening with the L'Anse Warden Plant?

As you may know, the L’Anse Warden Electric Plant has been spewing toxic chemicals into the air and water in L’Anse. Concerned citizens and grassroots efforts from the Friends of the Land of Keweenaw (FOLK) have resulted in renewed scrutiny over the plant's Clean Air Act violations.*

The USEPA (United States Environmental Protection Agency) will be holding a meeting from 6:30 p.m. to 8:30 p.m. (EDT) on Monday, May 9, in the L’Anse Area Schools Cafetorium, 201 N. 4th St. in L'Anse.

1. USEPA will give a summary update on Warden’s violations and non-compliance points.
2. USEPA will listen to public comments and concerns. Written comments will also be accepted.

PLEASE ATTEND IF YOU CARE ABOUT THE HEALTH OF OUR CHILDREN, RESIDENTS, AND ENVIRONMENT.

Forums on Back Forty Sulfide Mining Project

Friends and collaborators from the Menominee Tribe, Front 40 and Wisconsin Resources Protection Council will be holding a series of informational forums on the Aquila Resources Back Forty Project. The Save the Menominee River speaking tour kicks off at 6:30 p.m. (Central Daylight Time) on May 9 at University of Wisconsin Marinette. The May 17 forum will be held at the Menominee VFW Hall at 6:30 p.m. CDT, and the final forum will be held at 10 a.m. on May 25 CDT at the Stephenson Annex. See more details on menomineeriver.com. **

Editor's Notes:

* Click here for the EPA Web site with recent info on the L'Anse Warden Plant. Both Save the Wild U.P. and FOLK members held a press conference on Apr. 25 concerning the L'Anse Warden Plant. Click here for the TV-6 report.

** See Save the Wild U.P.'s March 9, 2016, article, "'Red-Flag Review' Reveals Flaws in Sulfide Mine Application."

Environmental groups to hold forum "Save the Michigamme Highlands" March 1 in Marquette

Save the Wild U.P. and the Upper Peninsula Environmental Coalition invite the public to the forum "Save the Michigamme Highlands" on Tuesday, March 1st. (Photo courtesy Save the Wild U.P.)

MARQUETTE -- Local environmental groups Save the Wild U.P. (SWUP) and the Upper Peninsula Environmental Coalition (UPEC) will co-host "Save the Michigamme Highlands," an informational forum concerning threats to Marquette County’s last stretch of wild lands. The forum will take place from 6 p.m. to 8 p.m. on Tuesday, March 1st, in the Community Room of the Peter White Public Library in Marquette. The event is free and open to the public.

The primary threat to this region remains the twice-defeated County Road 595 (CR-595) proposal, which is the subject of ongoing lawsuit brought by the Marquette County Road Commission (MCRC) against the Environmental Protection Agency (EPA). The contentious CR-595 plan would have torn open the wild heart of Marquette County, pushing a paved mining haul road disguised as a "county road project" through 22 miles of remote wild lands, fragile wetlands and critical wildlife corridors, and necessitating stream and river crossings of the Dead River, Escanaba River, Mulligan Creek, Voekler Creek and Wildcat Canyon, Yellow Dog River, and many more.

This aerial photograph shows Wildcat Canyon Creek wetlands and the proposed 595 route (2015). (Photo courtesy Save the Wild U.P.)

Tuesday’s forum will offer an overview of the Michigamme Highlands and discuss federal objections to wetlands destruction along the CR-595 route, the lawsuit brought by the Marquette County Road Commission, the role of "dark money" in funding the lawsuit, recent road work that has taken place along the route, and other emerging threats.*

"Save the Michigamme Highlands" will feature mini-presentations addressing rare plants in the path of CR-595, basic elements of the MCRC lawsuit, the importance of interconnected "Wild Lands," the EPA’s 2015 Clean Water Rule, the beauty of remote wetlands as seen through the eyes of artists who visited Wildcat Canyon Creek in 2015, and more. Speakers include Jon Saari, Northern Michigan University professor emeritus of history and vice president of Save the Wild U.P.; Catherine Parker, concerned citizen and environmental advocate; Gene Champagne, spokesman for the Concerned Citizens of Big Bay; Michelle Halley, local attorney; Steve Garske, botanist and SWUP board member; Kathleen Heideman, SWUP’s president; and Alexandra Maxwell, SWUP’s executive director.

In 2015, Save the Wild U.P. focused their outdoor summer programming on multiple threats posed by the CR- 595 proposal. They led concerned citizens on several well-attended hikes at remote locations ranging from Pinnacle Falls to the Mulligan Creek wetlands.

 

SWUP Summer Fellows at the Dead River (2015). (Photo courtesy Save the Wild U.P.)

"This stretch of wild land is irreplaceable. The Michigamme Highlands are ideal habitat for moose and other wide-roaming mammals, rich with creeks, rivers and wetlands, and home to the narrow-leaved gentian, a threatened native species found only in three U.P. counties," said Maxwell. "In addition to the enormous environmental impacts, there’s the very real issue of regulatory capture. Why is our Road Commission so dedicated to building a road-to-nowhere -- for the benefit of one sulfide mine? We don’t even have enough money to fill potholes in Marquette County, much less fix our old bridges. Who is the Road Commission serving, if not taxpayers?"

Maxwell said the cumulative impacts of road construction in this environmentally sensitive area must be calculated.

“Any road construction in this environmentally sensitive area must be seen as part of a network of actions related to CR-595," Maxwell explained. "We need to be ever-vigilant to stop creeping incrementalism -- a new bridge here, a gravel mine there, and lots of wetland destruction all along the way. The CR-595 proposal remains a bad deal for taxpayers and the environment."

In 2014, SWUP, along with regional environmental allies, alerted citizens to illegal construction along snowmobile Trail #5, which served as the only functional trail through much of this isolated region.

Marquette County Trail #5, 2014, before road work. (Photo courtesy Save the Wild U.P.)

Kathleen Heideman, SWUP president, noted, "The EPA’s position was clear: no CR-595 route may be constructed without permits from the U.S. Army Corps of Engineers."

Marquette County Trail #5, 2014, after road work by Plum Creek. (Photo courtesy Save the Wild U.P.)

Heideman said the forum is an opportunity for the public to learn why this stretch of wild lands needs to be protected -- for its clean water and its contribution to a better quality of life for all U.P. residents.

"Our organizations remain outspoken opponents of the CR-595. The damage would be too great, period," said Heideman.

* Editor's Note: See Louis V. Galdieri's recent article, A Postscript on the Political Project of MCRC v. EPA.

Save the Wild U.P.: Will Michigan DEQ reject fraudulent Back Forty mine permit?

"Don’t Undermine the Menominee River!" -- an informational forum reviewing the Back Forty sulfide mine proposal and what’s at stake -- will take place from 6 p.m. to 8 p.m. on Wednesday, Feb. 17, 2016, in the Shiras Room of the Peter White Public Library in Marquette. (Poster courtesy Save the Wild U.P.)

From Save the Wild U.P.
Posted Feb. 5, 2016, on savethewildup.org
Reprinted with permission. 

MARQUETTE --  Grassroots environmental group Save the Wild U.P. (SWUP) has announced that they will be asking Michigan Department of Environmental Quality (MDEQ) to reject Aquila’s Back Forty mine permit application. SWUP is raising alarming questions about false or contradictory statements made in Aquila Resources’ Back Forty mine permit application. Aquila plans on developing an open pit sulfide mine on the Menominee River, extracting rock, processing ore -- containing lead, zinc, copper, gold and other heavy metals -- with flotation, cyanide and smelting, and dumping their waste on the banks of Upper Michigan’s largest watershed.

The Back Forty mine permit application -- over 37,500 pages, including the environmental impact assessment -- is currently under review by the MDEQ. Concerned citizens, regional environmental organizations, and the Menominee Tribe of Wisconsin are also scrutinizing the permit.*

When reviewing any mine proposal, one basic question must be answered: "What is the proposed Life of Mine (LOM)?" In order to correctly calculate a mine’s risks, benefits and cumulative environmental impacts, an accurate LOM estimate is essential. According to Aquila’s permit application, "The (Back Forty) Project will be an open pit mining operation" and the “Life of Mine (LOM) operation is planned to be approximately 7 years."

This is misleading. Elsewhere, Aquila describes the Back Forty project as having a "16 year life of mine (LOM), of which 12.5 Mt is open-pit and 3.6 Mt is underground." Back Forty is described as a 16 year mine in Aquila’s press releases, in communications with the Menominee Indian Tribe, and in letters to investors and local community leaders. According to their Project Fact Sheet: "we support a transparent process(…) visit our website at aquilaresources.com/projects/back-forty-project for more information." Visitors to Aquila’s website find a 16 year mine described.

"Apparently, the only folks who haven’t been told about Aquila’s 16 year open pit and underground mining plan are the DEQ regulators who are busy at this very moment, reviewing Aquila’s application for a 7 year open pit mine," said Kathleen Heideman, SWUP president.

Significantly, the 16 year LOM is described in Aquila’s current NI 43-101 report, required by Canadian Securities Administrators.

"Aquila’s NI 43-101 report should be used by Michigan regulators to truth-test whether this company is being 'open and transparent' concerning the Back Forty project," said Michelle Halley, Marquette attorney and member of Save the Wild U.P.’s advisory board.

Diagram from Aquila's NI 43-101 report. (Image courtesy Save the Wild U.P.)

Is Aquila lying To state regulators? Should DEQ Care?

Aquila’s application asserts that mining and milling facilities are scaled to accommodate the life of the mine. By minimizing LOM, the company can misrepresent all of the mine’s impacts, including tailings capacity, size of waste rock storage areas, total limestone needed for neutralizing total waste rock, total need for importing and storing cyanide and other chemicals used in the processing of the ore, total crushing and processing throughput, milling equipment capacity, water treatment plant capacity, dewatering and draw-down estimates, air pollution quantities, noise, pit backfilling estimates, remediation planning, post-closure timelines, and more.

"The Back Forty mine application raises more red flags than I can count -- critical oak savannas, sturgeon fisheries, treaty-protected natural resources, and indigenous archaeological sites will be threatened or destroyed by this mining operation," said Alexandra Maxwell, SWUP’s executive director. "Sulfide mines are known to pollute indefinitely. This mine doesn’t belong on the Menominee River."

Aquila's application indicates the project will not include underground mining. Click on image for larger version. (Figure courtesy Save the Wild U.P.)

By claiming that "no underground mining" will occur, Aquila’s application sidestepped valid regulatory concerns under Michigan’s Part 632 rules governing sulfide mining. In the application checklist, underground items were marked "not applicable," and Aquila skipped questions about Subsidence, Impacts to Public or Private Water Supply Wells, Closure of Openings and more, stating "project does not include an underground mine as such contingency planning for subsidence is not required." In the permit application, Aquila flatly states "underground mining was considered but rejected (…) underground mining is not a prudent alternative for this ore body. The shallowness of the ore body, specifically the shallow ore zones, heavily influences the effectiveness of open pit mining."

Heideman noted Aquila has ruled out underground mining only in their permit application, not in other documents.**

"Are they talking out of both sides of their mouth?" she asked. "It undermines their credibility."

"The Aquila Back Forty project must not be permitted on the basis of a fraudulent permit application for a short-lived open pit mine, only to have the company request endless revisions until Back Forty’s open pit gradually morphs into an unrecognizable and potentially unregulated underground mine," warned Maxwell.

The Back Forty mine permit application for a 7 year mine appears misleading and inaccurate, at best, and fraudulent at worst. Aquila’s clear intent -- expressed in every document except their mine permit application -- is to develop a 16 year mine. Tacking on a subsequent underground mining phase could increase the mine’s life by a factor of 129 percent, forcing dramatic and non-public-involved revisions to every aspect of the permit application currently under review by the State of Michigan.

"If Aquila affirms that this 7 year open pit LOM is accurate, and defends the permit application, all public statements containing the Back Forty’s 16 year life of mine estimate should be viewed as baseless or fraudulent statements, designed to attract investors and gain greater political and community support," said Heideman.

Maxwell added, "Misinformation about the 'life of mine' has infected this permit application. We are asking DEQ regulators to act promptly to dismiss Aquila’s mine permit application, given the inaccurate statements. Public trust in our regulatory process is at stake."

DEQ Public Comment Deadline extended; info sessions to be held

Public Comment Deadline has been EXTENDED to February 16! -- Concerned citizens and other interested persons are urged to submit written comments by mail or e-mail until 5 p.m. on Tuesday, Feb. 16, 2016. Mail your comments to MDEQ Back Forty Mine Comments, Office of Oil, Gas, and Minerals, 1504 West Washington Street, Marquette, Michigan, 49855; or by email to Joe Maki: makij3@michigan.gov.

Save the Wild U.P. and Front 40 will host "Don’t Undermine the Menominee River!" -- an informational forum reviewing the Back Forty sulfide mine proposal and what’s at stake. The forum will take place from 6 p.m. to 8 p.m. on Wednesday, Feb. 17, 2016, in the Shiras Room of the Peter White Public Library in Marquette.

NEW:  DEQ Information Session -- MDEQ staff have been asked to hold an additional educational session for the public, concerning Aquila’s Back Forty Mine Permit Application. This meeting is tentatively schedule to take place at 7 p.m. CST on March 9, 2016, at the Lake Township Hall Co. Rd. 577/G-12, Stephenson, MI 49887. For confirmation, contact Joe Maki: makij3@michigan.gov -- for directions, contact Lake Township at 906-753-4385.

* Concerned citizens are invited to TAKE ACTION by signing a letter from Save the Wild U.P. asking Michigan DEQ to deny Aquila Resources’ Back Forty mine permit application, in light of serious and fundamental misrepresentations. Click here to read and sign the letter.

** See Aquila's Web site for statements about the underground mine.

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.

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."