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Friday, February 05, 2021

Phi Kappa Tau wins Winter Carnival Statue Competition

Phi Kappa Tau fraternity in Hancock again wins first place in Michigan Tech's Winter Carnival snow statue competition! Their statue, "Futurama," was designed for this year's theme, "Our Favorite Cartoons for Snowy Afternoons." Click on photo for larger version. (Photo courtesy Michigan Tech University)

By Mark Wilcox, News Writer, Michigan Tech University Marketing and Communications

Posted Feb. 4, 2021, on Michigan Tech News
Reprinted in part with permission.

HOUGHTON -- Despite restrictions put into place due to the COVID-19 pandemic, entries in the month-long snow statue competition in MTU's Winter Carnival exceeded last year's.

For the fourth time in the last five years, Phi Kappa Tau is the overall winner of the month-long snow statue competition in Michigan Technological University’s Winter Carnival. This year’s theme is "Our Favorite Cartoons for Snowy Afternoons." Phi Kappa Tau’s statue, "Futurama," is located outside the fraternity’s house in Hancock. The statue also won the men’s division.

This photo shows some details in the Phi Kappa Tau scene from Futurama, an animated workplace sitcom about a Planet Express delivery company. A crew is loading four cryogenic tanks for interplanetary travel away from the lingering 2020 dangers on earth. (Photo courtesy Michigan Tech University)

There were three divisions in the month-long competition -- men, women and co-ed. Prizes were awarded to the top three statues in each division. The top three scores among all the statues were placed in the overall month-long category.

Second place in the overall category went to Alpha Gamma Delta and Sigma Tau Gamma for "Steamboat Willie and Mickey Mouse." The fraternity/sorority team also took first place in the co-ed division. Third place overall was awarded to Tau Kappa Epsilon for "Looney Toons." Click here for the rest of this article on Winter Carnival winners.

Wednesday, February 03, 2021

14th Annual Barneløpet children's ski race postponed to Feb. 21; new grooming machine acquired for Maasto Hiihto trails

Kids take off for a race during one of the annual Barneløpet ski events at Maasto Hiihto. This year's Barneløpet has been postponed to Sunday, Feb. 21, because of weather predicted for this weekend. (Photo © Keith Meyers and courtesy Keweenaw Nordic Ski Club)

HANCOCK --  Families with young children and teenaged skiers will once again make a colorful sight on the hills surrounding the Hancock Driving Park for the start of the 14th Annual Barneløpet* on Sunday February 21. Originally scheduled for this Sunday, Feb. 7, the annual children's ski event at the Maasto Hiihto ski trails has been postponed to Feb. 21 due to expectations of dangerous wind chills. 

Co-sponsors of the event are Keweenaw Nordic Ski Club (KNSC), Sons of Norway Ulseth Lodge 5-670, the City of Hancock, Steve Zutter of Edward Jones and the Portage Health Foundation. Registration is at the Four Seasons Chalet beginning at 1 p.m. on the day of the race (Feb. 21). Races start at 2 p.m. at the Maasto Hiihto cross country ski trails on the north side of the Hancock Driving Park.

The Barneløpet, a Norwegian word meaning "the children’s race," is open to youth ages 3 through 17 and their families. The event is hosted by Sons of Norway, KNSC, and the City of Hancock.

"This is a special day for youth and their families to spend some time skiing and having fun together," says Wayne Stordahl, longtime member of the local chapter of Sons of Norway and KNSC board. "Cross country skiing is a popular family activity in Norway and we want to encourage that here, too."

Parents are encouraged to ski with their children during the Barneløpet. (Keweenaw Now file photo)

Stordahl adds that another reason for hosting the Barneløpet is to spotlight the great cross country trails in Hancock. He says that the KNSC maintains over 26 kilometers of "striding" ski trails, with grooming services from the City of Hancock.

Four courses will be groomed for the event. Relatively easy one-, two-, and four-kilometer courses will be open, as well as a more difficult six-kilometer course, which includes a descent into the Swedetown Creek gorge, though the traditional trail has been rerouted due to flood damage closures. Skiers can "stride" any of the four courses based on ability.

All youth who finish their course will be awarded a colorful Norwegian Olympic-style enameled medallion. Due to the pandemic the Chalet is closed this season though portolets will be on site.

A Barneløpet registration form can be downloaded at https://keweenawnordic.org/wp-content/uploads/2021/01/Barne-registration_2021_V3.pdf

If possible, please bring a completed registration form with you to the event.

UPDATE: Skis for younger skiers without skis can be reserved by calling 482-0292 no later than Feb. 17th.

For additional information, contact Wayne Stordahl at 906-482-0292 or John Diebel: john.diebel@sbcglobal.net

*Pronunciation guide: Barneløpet = BAR-nuh-lop-it 

KNSC acquires new grooming machine for Maasto Hiihto 

To help keep the reputation of the Copper Country as a world class destination for cross country skiing, the Keweenaw Nordic Ski Club (KNSC) has acquired a new grooming machine through a funding partnership with the City of Hancock’s Recreation Millage Fund, Portage Health Foundation’s Small Grant Program and Community Foundation of the UP’s Upper Peninsula Sustainable Forest and Wildlife Fund.

The new grooming machine acquired by the Keweenaw Nordic Ski Club is pictured here on the Maasto Hiihto cross country trails in Hancock. (Photo courtesy Michael Babcock, Portage Health Foundation) 

Planning for the replacement of the all-terrain utility vehicle used for trail grooming and off-season maintenance on the Maasto Hiihto ski trails in Hancock began late last winter as the previous machine was beginning to show its age.

"Reliability and operator safety are key considerations as most grooming is done in the pre-dawn hours, often in some pretty heavy weather and remote areas without cell service," said John Diebel, KNSC treasurer.

John Diebel, KNSC treasurer, is pictured here with the new grooming machine. (Photo courtesy Michael Babcock, Portage Health Foundation) 

Financing of the machine was not easy but made possible by a number of community players with an interest in maintaining quality ski trails for outdoor recreation and community health during long and snowy Keweenaw winters. The City of Hancock through its Recreation Millage Fund provided $8,750; Keweenaw Nordic Ski Club $8,709; the Portage Health Foundation $3,000; and the UP Sustainable Forest and Wildlife Fund $1,500. The balance of $35,000 for the machine and track pods came from the sale of the old machine jointly owned by the City and KNSC.

Colin Pekkala, experienced head groomer for Maasto Hiihto, operates the new grooming machine in just about any weather. (Photo courtesy Michael Babcock, Portage Health Foundation)

Diebel, who also serves on the Hancock Recreation Commission, also noted, "Through this cooperative effort the City acquired a $35,000 asset for $8,750 -- which is a very effective way to leverage the Recreation Millage Fund."

Ski, snowshoe and snow bike trails have played an even more important part in community health than usual this winter as various restrictions brought on by the pandemic have greatly increased the demand for outside activities that can be performed safely. Sales of annual passes to local ski trails are surging, Diebel reports.

The new machine was delivered in mid-September, wired for equipment control, had the track pods installed and went into service in early December on the Hancock trails.

Learn more about the Keweenaw Nordic Ski Club at their Web site here: https://keweenawnordic.org/.

Saturday, January 30, 2021

UPDATED: Health Department announces discounts for certain food establishments; vaccine supply limited

HANCOCK -- The Western Upper Peninsula Health Department (WUPHD) this week announced some good news for food establishments that have consistently complied with Michigan’s Epidemic Orders. At the same time, WUPHD thanks the public for their patience as vaccine supplies trickle in.

Annual fee discount offered for compliant food establishments

At it’s regular Board of Health meeting on Monday, January 25, the Western Upper Peninsula Health Department (WUPHD) voted in a one-time annual license fee discount for food service establishments that have consistently complied with Michigan’s Epidemic Orders. The twenty-five percent discount will apply to local annual inspection fees only and not the state license fee.

"The Board wanted to recognize the facilities in our jurisdiction that have worked hard over the last few months to help keep our communities safe," said Kate Beer, Health Officer for WUPHD. "The discount will be available for certain establishments renewing their license during the current year, typically by April 30."

The agency is currently working on the details of the new discount policy and will have information available for eligible facilities when renewal notices are mailed. WUPHD licenses over 400 food establishments across the five-county region -- which includes Baraga, Gogebic, Houghton, Keweenaw and Ontonagon counties.

Click here for more information on WUPHD's Food Protection Program.

COVID-19 vaccine supply continues to trickle in

WUPHD extends gratitude to the public for their patience as the COVID-19 vaccination process continues to evolve.

The vaccine supply coming to the area continues to be very limited at this time. The forecast from the state is that this pattern may continue for the next several weeks as the state wrestles with low shipments from the federal government and the need to make sure that vaccine is distributed equitably across the state.

"We have started administering second doses of the vaccine that were received from the state this week," said Kate Beer, Health Officer for WUPHD. "Some first doses were received, but they have already been scheduled out as we continue to work through the Phase 1B priority groups."

Residents are encouraged to watch for additional announcements regarding vaccine clinic availability from the health department and other healthcare providers.

Michigan is currently in Phase 1B of the COVID-19 vaccination effort. Phase 1B includes residents age 65 and older; frontline essential workers including police officers, first responders, frontline state and federal workers and jail and prison staff; and preK-12 teachers and childcare providers. The overall strategy is to have residents 65 and older reach out to the health department or their healthcare provider to schedule a vaccination. Frontline essential workers should reach out to their employer for additional information, as WUPHD expects to work directly with employers to coordinate clinics for their workers.

For more information on COVID-19 please visit www.wupdhd.org, michigan.gov/coronavirus or cdc.gov/coronavirus.

Editor's  UPDATE:

Joshua Vissers of Late Edition posted a detailed article Sunday, Jan. 31, on the present situation of vaccines in the local area, including an interview with Kate Beer, Health Officer for WUPHD. See his article, "Vaccine progress stalling," and other articles of local interest.

Wednesday, January 27, 2021

Guest article: Aquila's Empty Promises

[Editor's Note: This article appeared as a letter to the editor in The Peshtigo Times on Dec. 29, 2020. It is reprinted here with permission.]

By Al Gedicks*

The 2,472 pages of Aquila’s recently submitted Dam Safety permit application for its Back 40 mining project are exclusively focused on the engineering aspects of the proposed tailings dam near the Menominee River. There is no discussion of the corporate organizational and human causes of catastrophic failures like the January 2019 Brazilian tailings dam failure that killed 270 people.

A recent report from the consulting firm ERM noted that the engineering causes of tailings dam failures are well known but warned that the organizational and human causes of tailings dam failures are just as significant (www.erm.com/insights/navigating-the-esg-of-tailings-management/).

ERM has reviewed the incident reports of 11 major dam failures that have occurred in the last 12 years. They concluded that "basic organizational and human factors, such as budgeting, operational leadership, safety and risk culture, and competence, played a significant role in each."

This raises a serious concern about Aquila’s ability to manage the construction, operation, monitoring and emergency action plan for their proposed tailings dam. Aquila’s dam safety application states that "if any potential failure were to develop, it would be detected at an early stage followed by prompt corrective action and remediation. As such, tailings and water would never reach lands adjacent to the Project or the Menominee River."

Why should the public trust Aquila’s ability to closely monitor all aspects of tailings dam safety when it has failed to comply with the minimal legal requirements for conducting business in the state of Wisconsin? According to the Wisconsin Department of Financial Institutions (DFI), Aquila’s registration to conduct business in Wisconsin was revoked on October 21, 2015, because it failed to file annual reports and pay fees. The Sierra Club of Wisconsin has filed a complaint with the DFI showing that Aquila has conducted business on multiple occasions from 2015 through at least 2019 despite the revocation. Aquila either controls or owns two mineral deposits in Wisconsin in Marathon and Taylor counties.

Under state law, Aquila cannot continue to conduct business until it pays all outstanding fees, a fine, and must reapply for authorization to conduct business as a foreign corporation.

"This complaint shows that Aquila Resources can’t be trusted to follow Wisconsin law. Will Aquila Resources respect Michigan law if it gains permits for the Back Forty mine proposal in Michigan along the Menominee River? Michigan and Wisconsin residents along the Menominee River and downstream now have more reason to doubt the promises of this company," said David Blouin, State Mining Committee Chair.

When it comes to evaluating the risk of a tailings dam failure and the release of toxic mine tailings into the Menominee River, the public requires more than empty promises of dam safety oversight. Aquila’s track record to date provides no such assurance.**

* Guest author Al Gedicks is professor emeritus of sociology at the University of Wisconsin-La Crosse and Executive Secretary of the Wisconsin Resources Protection Council. He is the author of Resource Rebels: Native Challenges to Mining and Oil Corporations, South End Press, 2001. 

** Professor Gedicks will give a presentation on the current status of the "Back Forty Mine" as proposed by the Canadian company Aquila Resources at 7:30 p.m. (ET)/6:30 p.m. (CT) on Tuesday, Feb. 16, via Zoom.  Opposed by numerous counties, tribal governments, and a host of environmental organizations, the proposed mine construction was recently stalled when a Michigan judge overturned Aquila’s wetland permit. Find out why the Back Forty name is very misleading and why this proposed mine would be a threat to the Menominee River, which flows into Green Bay just a few miles away from Door County peninsula. What are Aquila Resources' options now that the wetland permit is overturned?

Get a full update and have your questions answered at this online event. Register at: https://www.eventbrite.com/e/professor-al-gedicks-to-provide-the-latest-update-on-the-back-forty-mine-tickets-137879771107

You will receive a Zoom link a week before the event and a reminder the day before the event.

Read about the judge's decision to deny the wetland permit here.

Inset photo: Al Gedicks speaks out against the Back 40 mining project during one of the public hearings on permits held in Stephenson, Michigan. (Keweenaw Now file photo)

UPDATE:  Dale Burie, President of the Coalition to SAVE the Menominee River is asking for your help. Aquila Resources has submitted their application to EGLE of Michigan for their Tailings Dam Permit using the "Upstream" method for their tailings dam. The Upstream Method is the most vulnerable method to failure. Failure of this type of dam would be a sure recipe for disaster for the Menominee River. The Coalition is  requesting all environmental groups and their members to go to http://www.jointherivercoalition.org and click the "Blue" button on the home page, which will open up the page for you to add your information and comment on the objection to the suggested "Upstream Method" that Aquila Resources has made in their application to EGLE. When you click on the "submit" button at the end of the page it will be forwarded to all the decision makers listed on the page.

Houghton City Council to meet Jan. 27 via Zoom

HOUGHTON -- The Houghton City Council will hold a regular meeting at 5:30 p.m. on Wednesday, Jan. 27, by remote participation in accordance with Public Act 254 of 2020. The meeting will include setting two public hearings -- one for Proposed Ordinance 2020-315 and one for Proposed Ordinance 2020-314.

According to Houghton City Clerk Ann Vollrath, these public hearings require a 15-day notice. Although the agenda for this City Council meeting has indicated a public hearing on 314 as "possibly" being set at this Council meeting, it will be set as a separate public hearing now that the Planning Commission has recommended it to the Council, Vollrath explained.

That recommendation followed a lengthy Planning Commission public hearing on Proposed Ordinance 314 on Tuesday, Jan. 26. After hearing from members of the public on both sides of the issue of rezoning an area along Canal Road and bordering on the Portage Canal from R-1 (single-family residential) to B-2 (community business), the Planning Commission voted to send Ordinance 314 to the City Council for their decision. The area proposed to be rezoned is on the Torch Lake Superfund former Michigan Smelter site.*

Proposed Ordinance 315 is intended to re-zone another parcel on Canal Road, near the UPPCO building, from R-1 to B-2 for the Isle Royale Seaplane Service.

ACCESS to Jan. 27 City Council meeting:

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Click here for the Agenda. 

Click here for the Council Packet, which includes maps of the areas that would be rezoned under Ordinance 315 and 314.

* Watch for an article on the Jan. 26 Houghton Planning Commission public hearing.

Monday, January 25, 2021

UPDATED: City of Houghton Planning Commission to hold Public Hearing on proposed rezoning Ordinance 314 at Jan. 26 meeting

This aerial view shows the area of the former Michigan Smelter site under the Torch Lake Superfund. The light grey, striped area marks the covered tailings. This area appears to include the site proposed for rezoning to B-2 under Ordinance 314. (Screenshot from EPA Fact Sheet, August 2012) 

HOUGHTON --  A Meeting of the City of Houghton Planning Commission will be held at 5:30 p.m. on Tuesday, Jan. 26, 2021, by remote participation in accordance with Public Act 254 of 2020. The meeting will include a Public Hearing on Proposed Zoning Ordinance 2020-314.

The original proposed Ordinance 314 included rezoning from single-family residential (R-1) to community business (B-2) -- of an area under the Torch Lake Superfund former Michigan Smelter site bordering on the Portage Canal and Canal Road in Houghton. Because of community objections, a wetland and area near Cole's Creek was removed from the proposed rezoning and the Public Hearing was re-scheduled from Jan. 13 to Jan. 26. However, residents still have objections to the rezoning since proposed development could occur on a Superfund site. More than 500 local residents have signed a petition against this rezoning proposal.*

Proposed Ordinance 314 would permit the construction of a major 5-storey hotel, restaurants, taverns, and bars. The extensive excavation necessary for this type of large-scale construction could expose slag tailings from the Michigan Smelter capped at the site by the EPA Torch Lake Superfund. The Michigan Smelter was the largest copper smelter in Michigan producing over 300,000 pounds of copper per day.

UPDATE: Keweenaw Now received this statement today, Jan. 26, from Nabil Fayoumi, EPA Region 5 remedial project manager in the Superfund and Emergency Management Division: "The EPA is not an interested party at tonight’s City of Houghton public hearing as re-zoning is a local matter and EPA has placed no restrictions on changing the zoning of the affected parcels. There are restrictions in place to protect the Torch Lake remedy, which consists of soil cover and institutional controls in the forms of covenants, and any development of those properties would have to maintain the integrity of the remedy."*

In a Rezoning Standards Worksheet recently submitted to the Planning Commission, a group of residents opposed to the rezoning state, "Entire area is a deleted Torch Lk Superfund location (Michigan Smelter, OU3) with a soil+vegetation cap ... The buried mine waste contains hazardous chemicals, some carcinogenic. Also, the entire area is in a 100-yr flood plain."

Proposed Zoning Ordinance 315, to re-zone another parcel on Canal Road, near the UPPCO building, from R-1 to B-2 for the Isle Royale Seaplane Service is related to the proposed Ordinance 314. While 315 is not officially included under this Public Hearing, the Seaplane Service site could be rezoned to B-2 along with the area included under 314, since the two ordinances were proposed together. Opponents to the rezoning have noted that the correct zoning for the Seaplane Service should be I-1, Industrial.

MEETING ACCESS:

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Click here for the agenda.

Click here for the packet of documents related to this meeting.

* Editor's Notes:

See Keweenaw Now's Dec. 16, 2020, article, "Residents concerned over City of Houghton proposed re-zoning along Canal Road; wetland, Cole's Creek to remain protected in R-1 zoning."

See also: "EPA Requesting Property Owners to Add Deed Restrictions."

Click here for the petition, "Stop Houghton City Ordinance 2020 - 314 and 315."

Friday, January 22, 2021

MDHHS: Indoor dining reopens Feb. 1; caution and focus on enhanced ventilation recommended

As of Feb. 1, MDHHS guidelines will allow some indoor dining and non-residential gatherings. Click on image for larger version. (Photo courtesy michigan.gov)

LANSING -- Following last week’s announcement about the plan to reopen indoor dining, the Michigan Department of Health and Human Services (MDHHS) released its next epidemic order today, Jan. 22. It continues the department’s fact-based approach to reopening activities, and goes into effect on Monday, Feb. 1. The order will allow for indoor dining at restaurants with certain requirements; concessions at casinos, movie theaters and stadiums; personal services requiring mask removal; and non-residential gatherings of up to 10 people from two households. The new order will last three weeks, until Sunday, Feb. 21.

Governor Gretchen Whitmer and Dr. Joneigh Khaldun,  chief medical executive and chief deputy for health at MDHHS, spoke at a press conference this morning, Jan. 22, on this new order, urging Michiganders to support local restaurants following requirements and precautions. Gov. Whitmer is also requesting funding from the legislature to aid businesses and families.*

"The pause has worked. The efforts we have made together to protect our families, frontline workers and hospitals have dramatically reduced cases and we have saved lives. Now, we are confident that starting February 1, restaurants can resume indoor dining with safety measures in place," said Gov. Gretchen Whitmer. "Michigan continues to be a national leader in fighting this virus, and we must continue working to keep it that way. One of the most important things Michiganders can do is to make a plan to get the safe and effective vaccine when it’s available to you. And as always, mask up and maintain six feet of social distancing. We will end this pandemic together."

During a press conference on Friday morning, Jan. 22, MDHHS Chief Deputy for Health Dr. Joneigh Khaldun, left, and Gov. Gretchen Whitmer speak about the new epidemic order that will allow indoor dining and other easing of restrictions. (Photo courtesy Michigan Executive Office of the Governor)

"We are pleased to see the improvements in case rates, hospitalizations and percent positivity that have allowed us to reopen more activities," said Dr. Joneigh Khaldun. "However, we must remain vigilant, especially since we now have a new more easily transmitted variant of this virus present in our state. This is not the time to let our guard down and Michiganders should minimize their risk by avoiding gatherings, wearing masks properly, social distancing and making a plan to get their vaccine when it is their turn."

MDHHS had been closely monitoring three metrics for stabilization or declines over the past several weeks. Michigan continues to see improvements in these metrics, which have allowed for additional relaxing of protocols and reopening of activities. In recent days:

  • Hospital capacity dedicated to COVID-19 patients has been in seven-week decline, with current capacity at 9.9 percent for beds with COVID-19 patients. Peaked at 19.6 percent on Tuesday, Dec. 4.
  • Overall case rates:  Currently at 225 cases per million. Peaked at 740 cases per million on Saturday, Nov. 14, plateaued after a decline to 239 on Friday, Dec. 25 and has been in decline for 11 days.  
  • Positivity rate: currently at 6.8 percent and declining.

Restaurants and bars will be allowed to reopen at 25 percent capacity with up to 100 people. Tables must be six feet apart with no more than six people per table. Outdoor tents with four sides are permitted under these same rules. Bars and restaurants must close by 10 p.m. Additionally, contact information must be collected from diners for contact tracing purposes.

"Today’s announcement is possible because of our progress over the last two months," said Robert Gordon, MDHHS director. "Even so, the science is clear that unmasked, indoor activities like dining and drinking are still a source of high risk around COVID-19. The safest course remains to support your favorite restaurant with carryout, delivery or outdoor dining. If individuals choose to eat out, there are two things they can do to make it much safer: go out only with members of their own household and choose a restaurant participating in the MI COVID-19 Safer Dining certification program."

The voluntary MI COVID-19 Safer Dining program allows food service establishments to become certified by having their ventilation system inspected and submitting their inspection report to the state indicating they are optimizing airflow. Once certified, businesses will be featured on the Michigan.gov/COVIDSaferDining website and receive a copy of their certification to post at their establishment to alert diners of their participation. Funding is proposed for food service establishments to participate as part of the $10 million included in the recent supplemental budget request for restaurant supports administered by the Michigan Occupational Safety and Health Administration.

Two webinars will be hosted on Monday, Jan. 25, to provide additional information about the Safer Dining certification program -- one at noon for HVAC contractors interested in conducting inspections and one at 3 p.m. for food service establishments interested in becoming certified. More information will be available at Michigan.gov/COVIDSaferDining.

Indoor residential and non-residential gatherings are limited to 10 people and two households. MDHHS continues to urge families to avoid indoor gatherings or to pick a single other household to interact with consistent with guidance already released by the department. Families are encouraged to stay home as much as possible to maintain momentum and to protect loved ones. Families are also encouraged to Mask Up, Mask Right, using guidance for what masks to wear and how to wear them.

The epidemic order continues to temporarily pause indoor contact sports and other venues and activities where participants have close physical contacts and are not consistently masked, like water parks. However, as of Jan. 22, stadiums can allow up to 500 people at venues that seat over 10,000 people and stadiums that seat less than 10,000 are allowed to be at 20 percent capacity, up to 250 people. This will allow for additional attendance at high school football finals being hosted this weekend. 

As before, employees who work in jobs that cannot be performed from home can continue to go to work, while employees who can work from home should continue to do so. 

Information around this outbreak is changing rapidly. The latest information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus. To learn more about the COVID-19 vaccine, visit Michigan.gov/COVIDVaccine.

*Editor's Note: A video of this morning's press conference is now available on Gov. Whitmer's Facebook page.

Tuesday, January 19, 2021

UPDATED: Houghton County Commissioners to discuss proposed Resolution in Support of Local Business at special meeting

By Michele Bourdieu 

[UPDATE #2: The Jan. 20 meeting previously announced  has been postponed to 3 p.m. Friday, Jan. 22, according to a message we received today, Wednesday, from Houghton County Commissioners Glenn Anderson and Gretchen Janssen.The zoom link has now been announced on the Houghton County Web site

HOUGHTON -- The Houghton County Board of Commissioners will hold a special meeting at 3 p.m. Friday, Jan. 22, on Zoom. New Business will include discussion, and a vote, on a proposed Resolution in Support of Local Business. Public comments will be allowed before and after the New Business. The public is invited to join the Zoom meeting (see below).

At the Jan. 12 regular meeting of the Board, Commissioners Tom Tikkanen and Roy Britz offered to write this Resolution. They were assisted later by Commissioner Glenn Anderson, who shared this proposed Resolution with Keweenaw Now:

RESOLUTION 21-01
IN SUPPORT OF LOCAL BUSINESS

WHEREAS, the Novel Coronavirus (Covid-19) is a respiratory disease that can result in serious illness or death; and
WHEREAS, the Houghton County Board of Commissioners recognizes that Covid-19 is having direct impacts on all County residents, impacts which include but are not limited to, physical and mental health care difficulties, educational constraints, and financial strains; and
WHEREAS, to date, the County has had 2268 cases of Covid-19, or one in 16 residents, and 34 deaths, or one in 1076 residents, and
WHEREAS, the Houghton County Board of Commissioners understands that many local businesses have suffered and continue to suffer economic harm due to Covid-19; and
WHEREAS, Governor Whitmer’s administration has now opened the state to most business except, restaurants, bars, night clubs and contact sports; and
WHEREAS, Michigan is currently one of only three states with a statewide ban on indoor dining; and
WHEREAS, we call on Governor Whitmer and the Michigan Legislature offer state grants to financially assist affected small restaurant and bar owners;* and
WHEREAS, Houghton County Board of Commissioners recognizes that our citizens and visitors are resourceful, intelligent and capable of safely supporting businesses while following safe Covid-19 protocols; and
NOW THEREFORE, BE IT RESOLVED that the Houghton County Board of Commissioners call upon Governor Whitmer and MDHHS Director Gordon to immediately suspend restrictions on in person dining, bars and indoor rinks.**
BE IT FURTHER RESOLVED that copies of this resolution be transmitted to Governor Whitmer, both Speakers of the House of Representatives and the Senate, along with the Michigan Association of Counties and all Counties within Michigan.

Houghton County Board of Commissioners

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Click here for the Jan. 22 meeting agenda. 

EDITOR'S NOTES:

* Concerning state grants to assist small businesses, Gov. Whitmer recently announced the Michigan Survival Grant Program:
The State of Michigan has allocated $55 million to implement the Michigan Small Business Survival Grant Program to support the needs of Michigan businesses that have been disproportionately impacted by the COVID-19 virus and the Gatherings and Mask Order (including restaurants, bars, etc.) The application to apply is now open and will close at 12:00 p.m. (Noon) EST on Friday, January 22, 2021.

To learn more and watch a video to help you apply for a grant visit: https://www.michiganbusiness.org/survival/ 

**  In a recent slide show, Gov. Whitmer announced plans to ease some restaurant restrictions by Feb. 1:

Sunday, January 17, 2021

Governors Whitmer, Evers, Walz: Trump Administration must purchase more vaccines, allow states to purchase directly

LANSING -- On Friday, Jan. 15, Michigan Governor Gretchen Whitmer, Wisconsin Governor Tony Evers, and Minnesota Governor Tim Walz sent a letter to Health and Human Services Secretary Alex Azar expressing their frustrations with the Trump administration’s botched COVID-19 vaccine distribution and urged him to grant permission for states to directly purchase doses of the safe and effective vaccine. The governors also urged the Trump administration to purchase as many doses of the safe and effective vaccine as possible so states can get more shots in arms in the coming weeks.

"It has become abundantly clear that not only has the Trump administration botched the rollout of the safe and effective COVID-19 vaccine, but also that the American people have been misled about these delays," the governors said. "Pfizer just announced that as of yesterday (Jan. 14), they have millions of doses of the vaccine on hand and are waiting on addresses from the Trump administration so they can deliver the vaccine to states. If you are unable or unwilling to give us that supply, we urge you to grant permission for us to directly purchase vaccines so we may distribute them to the people of Michigan, Wisconsin, and Minnesota as quickly as possible. Without additional supply or authorization to purchase directly, our states may be forced to cancel plans for public vaccination clinics in the coming weeks, which are expected to vaccinate tens of thousands. It’s time for the Trump administration to do the right thing and help us end this pandemic."

After Governor Whitmer and eight other governors sent a letter to Secretary Azar last week requesting that the federal government distribute the millions of safe and effective COVID-19 vaccine doses that are currently being held back by the Trump administration, the administration announced that they will release the available vaccine doses. But according to a Washington Post article published on Jan. 15, federal officials backtracked and are now claiming that the reserve has already been exhausted, despite the fact that we have not seen an increase in our allocations and despite Pfizer’s recent announcement that they currently have millions of doses of the vaccine on hand and are waiting on addresses from the Trump administration so they can deliver the vaccine to states.

To view the full Jan. 15 letter to Secretary Azar, click here.

Monday, January 11, 2021

Water protectors celebrate judge's denial of Back 40 sulfide mine Wetlands Permit

By Michele Bourdieu

This map shows local wetlands data (State of Michigan Wetlands Map Viewer, 2021) combined with a Back Forty mining site diagram (Aquila Resources, 2018). This map illustrates how direct and indirect wetland impacts extend beyond the project boundary to adjacent wetland complexes and the Menominee River. (Note dark green wetlands beyond mining site boundary). Click on map for larger version. (Map provided by Kathleen M. Heideman, Mining Action Group, 2021)

LANSING -- Regional environmental groups, the Menominee Indian Tribe of Wisconsin, and water protectors on both sides of the Menominee River -- Michigan and Wisconsin residents -- are celebrating the news that a disputed Wetlands Permit for Aquila Resources’ Back Forty sulfide mine has been denied by Michigan Administrative Law Judge Daniel L. Pulter, concluding a two year review of the contested case. 

The permit -- which was under Part 301, Inland Lakes and Streams; and Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act (NREPA) -- was contested by multiple petitioners including the Menominee Indian Tribe of Wisconsin, represented by Earthjustice attorneys; the grassroots Coalition to SAVE the Menominee River; and adjacent landowner Tom Boerner. Aquila offered testimonies as an Intervenor in the case.

The Michigan Department of Environmental Quality (MDEQ) -- now the Department of Environment, Great Lakes, and Energy (EGLE) -- sparked controversy when it approved Aquila’s Wetlands Permit in 2018, over the objections of regulatory staff who were prepared to deny the permit. The permit was approved by MDEQ with conditions suggested by the Environmental Protection Agency (EPA).

EGLE regulatory staff testified during the contested case, which was conducted over twenty days on June 3-7, 2019; June 10-13, 2019; August 5-9, 2019; August 12-14, 2019; and October 23-25, 2019. Judge Pulter issued his "Final Decision and Order" on Jan. 4, 2021. The 76-page document gives detailed reasons for the permit denial and cites evidence from witnesses on both sides.

Kathleen Heideman of the Mining Action Group (part of the Upper Peninsula Environmental Coalition, or UPEC), who spoke at several public hearings concerning Back 40 permit applications, applauded Judge Pulter's decision. 

Sixty Islands section of the Menominee River, riparian wetlands located approximately 200 feet from the proposed Project Boundary of the Aquila Back Forty Mine site. (Jan. 9, 2018, file photo by Kathleen Heideman, Mining Action Group.)

"This decision is a thoughtful, clear-eyed rebuke of Aquila Resources," Heideman said. "Aquila’s approach to permiting the Back Forty project has been hasty and incompetent, and reveals a disregard for Michigan’s natural resources. The decision demonstrates that the Wetland Permit was subject to denial for dozens of reasons -- critical data was never provided to regulators, hydrological modeling was unsupported, and statutory requirements were not met. Most critically, Aquila failed to undertake any meaningful review of the feasible alternatives, in order to minimize the impacts to wetlands, or avoid wetlands altogether." Inset photo: Kathleen Heideman. (Photo courtesy Mining Action Group)

The Back Forty project -- intended to mine for gold, zinc, and other metals -- proposes to excavate an 84-acre open-pit sulfide mine, 800 foot deep, on the banks of the Menominee River, 150 feet from the water. Most of the mine site would be covered by waste rock, ore storage, milling facilities and tailings storage. Nearly all of the Back Forty rock is reactive -- capable of producing Acid Mine Drainage (AMD) when exposed to air and water. AMD pollution devastates watersheds and lasts hundreds of years. According to Aquila's plan, tailings and waste rock will be stored on-site during mining; tailings waste will remain on the surface forever. During closure, the open pit mine will be backfilled with waste material. Once this takes place, groundwater contaminated with AMD is predicted to seep into the river. 

The permit would have allowed Aquila Resources to destroy  wetlands of the Menominee River watershed in order to construct and operate an open-pit sulfide mine, waste storage dam, and mill. Wetland impacts included direct and indirect losses due to excavation, placing of fill, or building parts of the facility on top of wetlands, removing groundwater, permanently changing hydrology, impairing wetland ecosystems, and contaminating the surrounding watershed with toxic dust from mining operations, and causing Acid Mine Drainage.

According to Earthjustice attorney Janette Brimmer, Aquila "refused to provide all of the information the state needed to determine the full environmental impacts the mine will have on the Menominee River and the surrounding area."  

Al Gedicks, professor emeritus of sociology at the University of Wisconsin-La Crosse and Executive Secretary of the Wisconsin Resources Protection Council, commented on the scientific testimony presented during the contested case.

"In a stunning rebuke to the leadership of the DEQ, the judge ruled that Aquila’s wetland permit application failed to disclose the extent of wetland impacts and deprived the public of the right to review and comment on the application," Gedicks said. "The scientific testimony  in the contested case revealed a consistent pattern of Aquila’s manipulation of scientific research to conceal significant negative impacts to wetlands from the proposed mine."

Al Gedicks, professor emeritus of sociology at the University of Wisconsin-La Crosse and Executive Secretary of the Wisconsin Resources Protection Council, speaks out against the Back 40 mining project during one of the public hearings held by the former DEQ. (Keweenaw Now file photo)

"Ms. Kristy Wilson, an environmental quality specialist from EGLE’s Water Resources Division (WRD) testified that Aquila consistently failed to provide information requested by the WRD regarding dewatering of the open pit and its effects on wetlands within the project area," Gedicks explained. "Without this information the WRD could not evaluate the impact to wetlands. The decision of former DEQ director Heidi Grether to approve the wetland permit, over the objections of the scientists in the WRD, was a corrupt political act that rejected science in favor of corporate power politics."

In fact, in Section 1C, Administrative Completeness, of his "Final Decision and Order," Judge Pulter comments on Ms. Wilson's testimony during the contested case concerning the lack of reliable identification of wetland impacts.

Judge Pulter writes, "While Aquila eventually landed on approximately 11 acres of direct wetland impacts from the project, the amount of indirect impacts was indeed a 'moving target.' The WRD’s concern with indirect impacts was due, in part, to the effects of pit dewatering on the wetlands within the project area."*

Aquila's use of computer modeling to substantiate anticipated wetland impacts was criticized by several witnesses during the contested case.

From that scientific evidence, the judge then concluded, "Based on the evidence in this case, I find, as a Matter of Fact, that Aquila’s computer groundwater model does not provide a reliable identification of wetland impacts, particularly those related to groundwater drawdown due to pit dewatering."** 

Judge Pulter also noted that the permit granted with conditions raised a question: "Whether Michigan law authorizes the deficiencies in the permitting process to be alleviated with conditions in a permit that require the applicant to supply after-the-fact evidence which satisfies the statutory criteria. There are at least five legal bases that demonstrate that such a conditional permit is improper," he writes.

To summarize, he noted the following: 

1. The language of the statutes -- both Part 303 and Part 301 -- required that the project be in the public interest -- which a conditional permit cannot determine.

2. In this contested case, a decision must be based on evidence, not on "an applicant’s promise to provide this information to the agency in the future through permit conditions."

3. "[T]he use of a conditional permit impermissibly avoids public participation in the permitting process."

4. If Aquila's revised model determines a double amount of indirect wetland impacts, a second permit would be necessary; and under Part 303 a second permit for one project would be impermissible.

5. If Aquila's after-the-fact evidence fails to meet statutory requirements, "there are no statutory provisions for Aquila to challenge the agency’s after-the-fact determination."

Judge Pulter concluded the permit issued by DEQ with conditions was administratively incomplete, that the application should be denied and the contested case dismissed. He gave many more details to provide a substantive review of the project under Parts 303 and 301.***

Wetlands are strictly protected under state and federal law. Before wetlands can be destroyed, Aquila must demonstrate that the impacts are unavoidable. The applicant failed that test, and so Judge Pulter concluded that Aquila’s Wetland Permit must be denied, strongly stating, "Aquila failed to demonstrate that there are no feasible and prudent alternative locations and methods because it did not proffer evidence of how it had re-designed its site plans with a view toward reducing wetland impacts."****

After citing several testimonies on the project's potential impacts to Menominee cultural sites, Judge Pulter concluded the following:

"Even though these archaeological sites will not be destroyed, they will be affected by the proposed project. From the map contained within the application, dozens of recognized archaeological sites are located in and around the project area. Exhibit P-287 at p 78. These sites are important to the Tribe because this area is an ancestral home of the Menominee people. Whatever 'values' are attributed to these archaeological sites, such values will be affected by the proximity of the mine. For example, a mining project in close proximity to the Colosseum in the City of Rome would affect its 'values.' Therefore, I find, as a Matter of Fact, that the proposed project will have a probable negative effect on historic and cultural values."*****

EGLE issued a statement of agreement with Judge Pulter's decision.

"The Michigan Department of Environment, Great Lakes, and Energy (EGLE) has reviewed the Administrative Law Judge’s decision and agrees with his rationale for denying  the wetlands permits issued during the previous administration by our predecessor agency, the Department of Environmental Quality (DEQ)," said Scott Dean, EGLE strategic communications advisor. "The ruling raises valid concerns about the potential impacts on groundwater, and surface water including the Lower Menominee River, which was recently delisted as a federal 'Area of Concern' after 35 years of collaborative restoration efforts."

Petitioners welcome decision to deny wetlands permit

Menominee Indian Tribe of Wisconsin:

The Menominee Indian Tribe of Wisconsin welcomed the decision to deny the wetland permit. For over a decade the Menominee Tribe has been opposing the Back Forty Mine project that will destroy Menominee sacred cultural sites and harm the Menominee River, the sacred place of origin of the Menominee Tribe.

This ancestral burial mound near the Menominee River is among the archaeological sites that could be impacted by the proposed Back 40 mine. (Keweenaw Now file photo)

"This decision is one that we can all celebrate," said Joan Delabreau, Menominee Indian Tribe chairperson. "It reaffirms the Tribe's fight to protect against harmful sulfide mining that will disrupt and destroy the Menominee River, its wetlands, and our cultural and burial sites near the mine. The Menominee Tribe have long known that the Menominee River is no place for a mine like the Back Forty Mine Project. The Judge determined the same, acknowledging the fact [that] the Back Forty Mine is too dangerous for the area and will devastate the environment and the communities."

Guy Reiter, executive director of Menīkānaehkem, a grassroots community organization based on the Menominee Reservation in northeast Wisconsin, also praised the decision.

"Menīkānaehkem applauds Judge Pulter's decision, in denying this wetland permit," Reiter said. "Menīkānaehkem has always been a strong defender of our beautiful Menominee river and our vast Menominee cultural resources located around the river." Inset photo: Guy Reiter speaks out against the Back 40 mining project during a public hearing by the former DEQ in Stephenson, Mich. (Keweenaw Now file photo)

Menominee tribal members Dawn Wilber and Wayne Swett -- co-organizers of two annual canoe trips by Native and non-Native water protectors on the Menominee River, calling attention to the threats posed by the Back 40 mining project -- offered Keweenaw Now their comments on the decision.

The three Menominee tribal members who made the first Canoe Trip in 2019 -- from left, Dawn Wilber, Wayne Swett and Jwin Zillier -- pose near the Great Bear at the conclusion of the 2020 Canoe Trip on July 5, 2020. (Photo © and courtesy Tina Lesperance)******

"I am absolutely ecstatic about this decision," said Dawn Wilber, who teaches Menominee language and culture at the Menominee Indian High School on the Menominee Reservation where she lives. "I know there is the possibility of an appeal on their behalf. That’s to be expected, I guess. But we will all keep on with our prayers and will not stop our work protecting our precious Menīkān sēpēw or as it’s known now the Menominee River."

Dawn Wilber, carrying the Menominee tribal flag, prepares to set out on July 2, the first day of the 2020 Canoe Trip down the Menominee River. (File photo © and courtesy Tina Lesperance)

Wayne Swett expressed his appreciation for the petitioners in the contested case and applauded Judge Pulter's decision.

"The day I read the decision letter on our page I had to re-read it," Swett said. "Dawn Wilber called me and we celebrated the decision. I'd like to say Waewaenon (thanks) to the Menominee Nation, The Coalition to SAVE the Menominee river and Tom Boerner for challenging the wetland permit."

Wayne Swett, co-organizer with Dawn Wilber of the two Menominee canoe trips, prepares to unload his canoe from his vehicle for the first day's launch as the 2020 trip begins on July 2. (Photo © and courtesy Tina Lesperance)

"This is a huge win for us and a costly loss for Aquila Resources," Swett added. "I hope investors divest. Aquila's stock isn't doing so well. I think the last time I checked, which was a while ago, it was at 10 cents a share. Aquila has financial problems that are wearing them down. In the perfect world Aquila would Pack up and move on but we must still be vigilant bcuz they are not out of options yet. Water Protectors can celebrate this victory. I'd also like to give a shout out to Judge Pulter for presiding over this case and ruling in favor of us."

Wayne Swett, who shared with Keweenaw Now many of his photos and videos of the canoe trips, captured this view of the Menominee River from his canoe, which displays an eagle feather. (Photo © and courtesy Wayne Swett)

Wayne Swett joined members of the Coalition to SAVE the Menominee River during a bus trip two years ago to Door County. Here they are offering their message in Egg Harbor, Wis. (Photo © and courtesy Wayne Swett) 

Coalition to SAVE the Menominee River

Dale Burie, president of the Coalition to SAVE the Menominee River, said the Coalition is very pleased with Judge Pulter's decision to deny the wetlands permit.

"His decision validates many of the objections the Coalition raised with respect to the Permit," Burie stated in a press release. "One of our big arguments was that the application should never have been considered administratively complete by EGLE because the wetland impacts were not reliably identified, which deprived the public of its right to review and comment. Judge Pulter agreed.

"Another issue we raised was that Aquila did not properly assess the alternatives to avoid wetland impacts. Again, the Judge agreed.

"And, on the big question of whether EGLE could issue a permit with conditions that would have allowed Aquila to submit new and updated modeling to support the wetland impacts, the Judge said such conditional permits are not allowed.

"The decision itself is over 70 pages long, and our attorney is still assessing what it all means. We do understand that the next step, should any of the parties so choose, would be to seek review from the Environmental Permit Review Commission. That request would have to be made within 21 days." Inset photo: Dale Burie testifies against the Back 40 project during a public hearing held by the former MDEQ. (Keweenaw Now file photo)

Coalition member Mary Hansen, who has led protests against the Back 40 Mine, especially those confronting the Ogden Club, supporters of Aquila, in Menominee, Mich., told Keweenaw Now the fight against Aquila's proposed mine would continue.

"We haven't protested since October because of Covid," Hansen said. "We decided because Friday was New Years Day. We got together to wish the River a Happy New Year. We froze for an hour but it felt so good to be together again."

Mary Hansen, foreground with "Happy New Year Menominee River" sign, is pictured here with other Coalition water protectors, ranging in age from 19 to 84, in the most recent protest against the Back 40 -- opposite the Ogden Club in Menominee, Mich., on a cold Jan. 1, 2021. (Photo © Kianna Marie Callaghan and courtesy Mary Hansen.)

"We never give up and we will not back down," Hansen said. "We're stronger together Red, White, Black and Brown. We're 'Water Protectors.' We do what we say, Protecting our water day after day. There is strength in our numbers when we stand hand in hand. Don't threaten our water, Stay off of our land! We'll fight you Aquila from dusk until dawn. We'll fight for our water until you are GONE!"

During one of the Coalition's protests, Mary Hansen displays a banner expressing her determination. (Photo courtesy Mary Hansen)

Coalition member Tina Lesperance, who participated in the Menominee canoe trips as support staff and photographer, is one of the original members of the Facebook group Save the Menominee River, Stop the Back 40 Mine. She was one of the first to announce the Wetlands Permit denial on that Facebook page.

Tina Lesperance, center, with her camera, is pictured here on July 4, 2020, during the 2nd Annual Menominee Canoe Trip, at McAllister Bridge, where paddlers launched canoes and kayaks after a portage from Grand Rapids. (Photo © and courtest Wayne Swett)

"In 2018, the Water Resources Division of the MDEQ deemed that the Wetlands Permit application submitted by Aquila Resources did NOT meet their requirements to safely protect surrounding wetlands, surface and groundwater," Lesperance noted. "They recommended the permit be denied. In a political move by then state senator Tom Casperson and a few other pro-mine lawmakers in the U.P., the permit application was given to Gov. Snyder's appointed DEQ Director, Heidi Grether, to approve, which she did. The Wetlands Permit denial by Judge Daniel Pulter was a decision every water protector prayed for and our prayers were answered. We will continue to stand against Aquila and protect our beautiful Menominee River."

Yesterday, Jan. 10, Tina Lesperance took this photo of the Menominee River near the Menominee sacred sites, which are very near the projected Back 40 mine site. Lesperance has shared many of her photos and videos with Keweenaw Now. (Photo © and courtesy Tina Lesperance)

Water protectors pause for a photo following their water ceremony in the Menominee River held at dawn on July 2, 2020, near the Menominee Tribe's sacred sites, just before launching canoes and kayaks the first day of their trip. (Photo © and courtesy Tina Lesperance)

Coalition member and retired teacher Diane Woods of Marinette, Wisconsin, lives down river from the wetlands.

Diane Woods took this photo while kayaking on the Menominee River near her home on Dec. 10, 2020. "An eagle crossed the river as I made my way to the Carviou Boat Landing," she said. (Photo © and courtesy Diane Woods)

"My father taught me how to swim in the Menominee River over 60 years ago," Woods told Keweenaw Now. "The rejected permit for the wetlands will ensure our grandchildren can learn to swim in this clean beautiful river too."

Karen Prange owns both a house and a cabin on the Menominee River.

Recent view of the frozen Menominee River near Karen Prange's house -- with Coalition sign. (Photo © and courtesy Karen Prange)

"I joined the Coalition to do whatever I can to protect this beautiful river. I’ve lived here for 53 years," Prange said. "I love the river! The mine site is about 20 miles, I think, up river from me."

Karen Prange enjoys snowshoeing near the river. These are her tracks during a snowshoe hike after a snowstorm. (Photo © and courtesy Karen Prange)

Karen Prange's granddaughters enjoy a last get-together in the summer before going off to college, staying a night in her cabin and kayaking on the river during the day. (Photo © and courtesy Karen Prange)

Coalition member Nancy Buyarski Dunn, who was born and raised in Menominee County and owns her family home and property there, commented on Facebook in response to the announcement on the denial of the permit.  

"After all the work the Coalition and all the others did on the court cases it is wonderful for all involved to celebrate this huge success," Dunn posted.

In a message to Keweenaw Now, Dunn added, "The Coalition is an extraordinary group of people who have learned to peacefully engage in a wide range of efforts to stop the Back Forty Mine."

Petitioner Tom Boerner

Adjacent landowner Tom Boerner, a petitioner in this contested case, has 380 acres of woodlands, wetlands and streams and over one mile of Menominee River frontage near the mine site. Boerner says he and his family have interacted with persons from the Menominee Nation for over 100 years. He shared the following positive response to Judge Pulter's decision with Keweenaw Now:

"I am in agreement with Judge Pulter's decision. His decision mirrored the arguments we've been making to EGLE and ultimately in our contested case hearing. This decision is a very big win for the truth. And, regardless of what Aquila is telling the world about what they do have in place: the fact is they don't have a valid mining permit (part 632). How did this happen? Last year Aquila filed an amended mining Permit application. EGLE determined the changes made by Aquila were significant. That prompted the Part 632 review process to begin all over. Aquila fails to tell people that a contested case hearing IS PART OF THE PERMIT PROCESS. And, until the process is completed, the Part 632 Permit is not in play and Aquila cannot mine. As of earlier today the Part 632 mining Permit amendments were being contested in an ongoing Part 632 hearing. Again, and until that case concludes the Part 632 mining Permit is not valid. NEWS FLASH: And, a few hours ago Aquila's attorneys asked the judge (same as who wrote the wetlands permit opinion) to put the part 632 Amended contested case hearing, which was scheduled to start testimony in 2 weeks, on hold for at least 2 more months. EGLE agreed and so did the Menominee Indian Tribe to allow this. And, in 2 months, maybe more, there would be a meeting between the parties to discuss what Aquila wants to do -- move on with the hearing or drop their permit request. 

"The judge agreed to Aquila's request -- so no Part 632 permit hearing for now. In my opinion this action on Aquila's part is the direct result of the judge's decision outlining significant issues with Aquila's information and Aquila's lack of money -- as Aquila's Q3 financial statement showed them to only have enough money to last through part of Q4 2020 -- unless they were able to raise more. Aquila has allegedly spent 100 million dollars on this mine -- and they don't have a mine? Aquila is a Canadian corporation and the people in Canada make millions per year in compensation. There are many issues that are also against Aquila. There is a Public County Road running over what would be the center of their open pit. They would be less than 147-feet from the Menominee River, a State boundary water with Wisconsin. They would be about 1-mile from Shakey Lakes County Park, the only park in Menominee County that pays for itself and actually subsidizes most of the others. This park is full throughout the summer and is the source of millions of dollars in tourist-generated revenues. Being within feet of Wisconsin and generating billions of pounds of toxic waste -- this would be a disaster now or for the next dozens of generations." 

Environmental groups applaud Wetlands Permit denial

Front 40 Environmental Fight

Ron Henriksen, spokesperson for the Front 40 Environmental Fight, said, "We are so appreciative of the hard work by individuals, tribes, and environmental organizations which helped the judge reach this important decision. Front 40 Environmental Fight was founded in 2003 to help defend the Menominee River and Shakey Lakes from the hazards of sulfide mining; for the past 17 years, we have informed the public about the dangers of sulfide mining through education and outreach -- and the community responded overwhelmingly, rejecting Aquila’s dangerous Back Forty mine! We thank everyone who is working to protect our wetlands and the Menominee River." Inset photo: Ron Henriksen. (Photo courtesy Mining Action Group)

Superior Watershed Partnership and Land Conservancy

"We applaud the decision to deny this permit," said Carl Lindquist, Superior Watershed Partnership and Land Conservancy executive director. "We’ve worked with eight Native American tribes and other stakeholders to list the Menominee among American Rivers’ Top Ten Most Endangered Rivers in the United States. We are convinced that Aquila’s open pit mine is too risky. In addition to exposing sulfide based ore, the mining process would use cyanide and other toxins, a stone's throw from one of the largest tributaries to Lake Michigan. The risks to wetlands, groundwater, surface water, the Great Lakes and the cultural legacy of the Menominee Indian Tribe are simply too great."

Upper Peninsula Environmental Coalition (UPEC)

"This is great news for the people of Wisconsin and Michigan," said Horst Schmidt, president of the Upper Peninsula Environmental Coalition (UPEC). "Aquila’s inability to submit a permit without major deficiencies reinforces our concern that this company is unable to meet the minimum standards for developing a safe mining operation. It's a shame people must waste their time for years fighting to keep the State of Michigan from approving a mine that threatens one of Lake Michigan's best sports fishing habitats, even as Michigan and Wisconsin nonprofits and environmental agencies work jointly to restore sturgeon habitat in the Menominee River. I congratulate the Administrative Law Judge on this wise environmental ruling."

UPEC will hold a Livestream Event "A WIN FOR WETLANDS" at 7 p.m. Thursday, Jan. 14, on Facebook and Zoom, with a panel discussion on this important environmental legal decision. Panelists will include Al Gedicks of the Wisconsin Resources Protection Council, Dale Burie of the Coalition to SAVE the Menominee River, Guy Reiter of Menīkānaehkem, and Kathleen Heideman of the Mining Action Group. Click here for details on how to join the event.

Independent review of the Aquila Back Forty Wetland permit was made possible by the generous support of groups and individuals concerned about the future health of the Menominee River. Working collaboratively, the Mining Action Group of UPEC and the Front 40 received grants and donations from Freshwater Future, Superior Watershed Partnership, the Western Mining Action Network, DuPage Rivers Fly Tyers (DRiFT), Northern Illinois Fly Tyers (NIFT), Badger Fly Fishers, M and M Great Lakes Sport Fisherman, Wisconsin Smallmouth Alliance, Fly Fishers International, Great Lakes Council of Fly Fishers International, the Emerick Family Fund, and from many individual fishing enthusiasts throughout the Great Lakes area.

Editor's Notes:

* See p. 24 of the "Final Decision and Order" on this contested case.

** See p. 29 of Judge Pulter's "Final Decision and Order" and preceding discussion.

*** See pp. 37-40 in above document.

**** See Summary, p. 73, and pp. 54-61 on alternatives in above document.

***** See pp. 62-65 in above document.

****** Keweenaw Now published three articles on the 2020 Menominee Canoe trip:

"Second annual Menominee canoe trip against Back 40 mine begins; water protectors overcome challenges on Menominee River"

"Guest article: Hosting the water protectors on the Menominee River"

"Water Protectors arrive at Great Bear after 2nd annual 4-day canoe/kayak trip on Menominee River against Back 40 mine" 

To read about the first Menominee Canoe Trip in July 2019, see: "Water protectors canoe, kayak on Menominee River to raise awareness of proposed Back 40 mining project's threats to environment, culture."

Keweenaw Now wishes to thank all the water protectors who contributed photos to this article and photos/videos to our previous articles.