Presented By:

Julie Christiansen

Kennecott’s “Model” Mine Tests Find Significant Toxins

Flambeau Mining Co., a subsidiary of Kennecott Mineral Co., is showing high levels of toxic pollutants, 14 years after mining operations ceased. Flambeau was an open pit mine that operated from 1993-1997 and produced 181,000 tons of copper, 3.3 million ounces of silver and 334,000 ounces of gold. Kennecott has quoted Flambeau as a model of mineral removal with no evidence of environmental damage as well as “protecting the environment from adverse impact.” Officials from the DNR say they’ve been removing contaminated soil since 2003. The Water Resources Protection Council has filed a lawsuit in January 2011 to dispute Flambeau’s illegal dumping of toxic pollutants since 1998. The Wisconsin Mining Association has regarded the Flambeau mine as meeting the state standards of opening and closing under state law despite the non-existence of baseline water quality readings before mining even began.

Testing exposed 41% of 98 samples taken had two to four times more copper and zinc than standards allowed, set by the state to protect aquatic life. The DNR is deciding whether to classify the water as impaired, which would begin a process of cleaning up the stream, but in some cases would require property owners to pay for this procedure.

Philip Fauble, Mining Program Coordinator for the DNR stated “We weren’t aware of these elevated copper levels that were out there. Once they were detected, Flambeau took proactive steps to control this.” However, according to company documents, high copper levels were in fact discovered in 2003 on a rail spur during reconstruction of a roadway in the vicinity. Two feet of soil, about 7,400 tons were extracted. Flambeau’s reclamation plan includes removing about 1-acre pond area that has shown high levels of copper and zinc and has already spent about $20 million on reclaiming the property.

“It is important to note the elevated levels of toxicity, since this mine has been touted as an example that mining of this type can be done without degrading the environment,” says Emily Whittaker, Executive Director of the Yellow Dog Watershed Preserve. Other communities in the Great Lakes basin are looking at this situation with much interest, since there has been a fervent increase in mineral exploration and extraction applications. “Our group would like to see how our state agencies react to this and if it would change their perspective on whether new projects will live up to everyone’s expectations.”

To read a full article on this subject: http://www.jsonline.com/news/wisconsin/tests-find-toxins-at-flambeau-mine-133051073.html

 MARQUETTE, MICH. (December 12, 2011) – A coalition of groups is appealing a court decision that has allowed a dangerous mine to proceed in Michigan’s Upper Peninsula—despite the threat the mine poses to water quality, the Great Lakes and one of the region’s last spawning grounds for the coaster brook trout. 

 The Huron Mountain Club, Keweenaw Bay Indian Community, National Wildlife Federation and Yellow Dog Watershed Preserve filed the motion with the Michigan Court of Appeals over the weekend. The groups are opposing the mine on the grounds that it poses unacceptable risks to water and air quality—and that it could collapse, endangering workers and the river it is underneath.

 “This mine is the first to be permitted under Michigan’s new mining law, and we must ensure that the law’s protections of human health and the environment are honored and applied,” said Michelle Halley, attorney for the National Wildlife Federation. “So far, they have not been and that is why we are seeking leave to appeal. Many more mines are in the queue and this is a precedent-setting case.”

 The groups are appealing a decision by the Ingham County Circuit Court that allowed international mining company Rio Tinto to start mining activities on Eagle Rock—a site considered sacred to Native Americans.

 “It is very important to the Keweenaw Bay Indian Community to protect Eagle Rock as a sacred place,” said Chris Swartz, President, Keweenaw Bay Indian Community, “and we are hopeful that this appeal will result in the Court of Appeals reversing the decisions of the circuit court.”

 The type of mine being proposed—in which nickel and copper deposits are extracted from sulfide ores—poses severe risks to the environment. One byproduct of so-called “hard rock” or “sulfide ore” mining is sulfuric acid, which has proven deadly to rivers, streams and wildlife in other parts of the country. Rio Tinto, the company overseeing the project, has broken Clean Water Act laws dozens of times in mines they have controlled in other states.

 Now, the Michigan Court of Appeals will decide whether to take the case. There is no date by which the court must make its decision.

 “We will continue to put forth our concentrated efforts to ensure that this area remains unharmed and protected for everyone’s enjoyment, not just for special interests,” said Emily Whittaker, executive director of Yellow Dog Watershed Preserve.

Arguments were made in June 2011 by petitioners and respondents of the appeals case. The decision to uphold the issuance of the permits came with a lengthy document regarding the judge’s opinion. It is attached below.

Upon reviewing the opinion, YDWP staff found the verbage to be less than unbiased. Many arguments that the petitioners made were simply considered null and void because there was a counter argument by the respondents. Additionally, for almost each argument the petitioners made, the opinion statement contained the counterargument, as well as information from cross-examination of only the petitioner’s witnesses.

For those of us who live here and will be left to deal with the actual outcomes, the court’s opinions of the Kirtland’s Warbler as a “handful of birds not nesting in the area” are demeaning. The court also agreed with Kennecott’s biologist that the Yellow Dog Plains contain no critical habitat for the Kirtland’s Warbler. Yet many of the surrounding jack pine forests on the plains are specifically managed for the warbler’s habitat.

YDWP encourages supporters to read the opinion for themselves and to assess whether a fair and impartial trial took place.

Final_Appellate_Decision_11-23-11

The parcel is located directly adjacent to the McCormick Wilderness Area, the only federal wilderness in Marquette County. The land itself serves as the north entrance to the wilderness area and is the trailhead that leads to the upper stretches of the Yellow Dog River, where it is considered a National Wild and Scenic River. It contains exceptional cedar forests, wetlands, a small stream, and is home to numerous flora and fauna species. Parcels like these are important not only biologically, but also serve as a buffer between protected and unprotected lands.

YDWP started fundraising for the acquisition early in 2011 by hosting a benefit concert. The event was successful and gave us a great start. We then researched grant opportunities and came upon the J.A. Woollam Foundation. They were willing to give us a $20,000 grant is we could raise $10,000 ourselves. That’s when our supporters came in and made it all happen. We were fortunate enough to be part of an online fundraising competition that Patagonia and Moosejaw put on.  The organization that raised the most money in two weeks got an additional $5,000. So we fundraised until our fingertips hurt but ended up on top, raising a total of $17,000. This more than enough covered the match requirement for the Woollam Foundation and so we were able to secure that funding. As of November, the parcel is fully paid for and belongs to YDWP and its members. We will give our members a chance to explore the parcel this coming spring, when we install a commemorative sign and host a picnic on our new land.

Unique fungus growing near wetlands on the new parcel

According to Orvana Resources, the company entered into mineral leases covering 1,759 acres in an area located in the Upper Peninsula 30 kilometres southwest of the inactive White Pine Mine, which operated between 1953 and 1996.  Based on their calculations, the company targets production start up around 2013.

It is not unlikely to see a cascade of mining applications come to the MDEQ now that Kennecott has begun drilling. Many companies openly admit that they wait for larger companies to test the system, then the smaller ones come in after the most resistance occurs. There are numerous deposits throughout the UP, many within the Yellow Dog, Salmon-Trout, and surrounding watersheds. These deposits are being explored by companies such as Prime Meridian, Kennecott, Aquila, and Hudbay.

Attempts to halt the drilling were made by co-petitioners in the Ingham County Circuit Court. A motion of stay was requested of Judge Paula Manderfield, who is currently reviewing two appeals cases from the petitioners. The stay was requested in order to prevent damage to the site before a ruling on the appeals case was made. Judge Manderfield did not grant the stay, citing that Eagle Rock was not a religious site. The appeals case is still open and is expected to be ruled on sometime this fall.

Michelle Halley, an attorney for the National Wildlife Federation, said Manderfielddid not consider the rock outcropping near the mine portal, known as Eagle Rock, a sacred site. Emily Whittaker, of the Yellow Dog Watershed Preserve, said, “This denial, to me, reflects more on the state of the judicial system and its ability to be swayed by politics than a decision made through unbiased justice.”

The groups will continue to work to preserve the area as well as await a decision in the appeals case.

The Huron Mountain Club, Keweenaw Bay Indian Community, National Wildlife Federation, and Yellow Dog Watershed Preserve filed the motion to stay Rio Tinto’s permits  with the Ingham County Circuit Court. If granted, the stay would prohibit Rio Tinto from blasting Eagle Rock—a sacred site that sits over a proposed nickel mine.

Extracting nickel from the site poses extreme risks to water quality, wildlife and recreation. The metals are embedded in sulfide ores, which produce sulfuric acid when exposed to moisture and air. The so-called acid mine drainage has devastated natural resources in other parts of the country. And the company overseeing the project—Rio Tinto—has broken Clean Water Act laws dozens of times in mines they have controlled in other states.

Community and conservation partners have challenged the mine in court, arguing that it presents  unacceptable risks to water and air quality—and that it could collapse, endangering workers and the river it is underneath. The court challenge is currently under appeal. The motion for a stay is necessary because the mining company intends to blast into Eagle Rock on or near September 14, 2011, even though the judge has not issued a final ruling on the appeal.

Commenting on the motion to stay, conservation groups said: “Without this emergency stay, Rio Tinto could begin blasting Eagle Rock before the judge has had a chance to determine whether the mine is safe,” said Andy Buchsbaum, regional executive director of the National Wildlife Federation’s Great Lakes office. “The serious questions we have about this mine need to be addressed—and allowing the company to blast away in one of Michigan’s most pristine and important areas will only further jeopardize the region’s water quality, tourism industry, wildlife and quality of life.”

“My people have prayed and held ceremonies at Eagle Rock since time immemorial,” said Susan LaFerniere, a member of the Keweenaw Bay Indian Community.  No one should be allowed to blast it apart.  I hope the judge grants this request.” 

Eagle Project as of 8-4-2011

Why I’m Fasting to Halt Construction of the Eagle Mine

Friends,

On July 9, I began a water-only, open ended fast to protest the construction of the Eagle Mine that is being built in the Yellow Dog Plains of Marquette County by Kennecott Eagle Minerals.  Kennecott is a subsidiary of the London based mining giant, Rio Tinto. 

I’m undertaking the fast as a part of the U.P. Grassroots Campaign to Defend our Water and Stop the Eagle Mine organized by WAVE  (Water Action Vital Earth) and SWUP (Save the Wild UP).

The campaign. is urgently required. It may be our last, best chance to stop the mine.  Kennecott has indicated that it may begin blasting the mine’s portal in mid-September. 

The goal of the campaign is to arouse, inspire, and mobilize our citizens to make a renewed effort to block the mine.  Its specific objective is to convince Governor Snyder to issue an executive order to halt work on the mine and call for a complete third party impact study on every aspect of the Eagle Mine project. 

The mine is a badly flawed project. It is poorly designed and may collapse.  The review of the Kennecott application by the Michigan Department of Environmental Quality ignored the design deficiencies, suggesting that it was either incompetent or in collusion with Kennecott.  Furthermore, metallic sulfide mines are inherently risky.  There has never been one that hasn’t contaminated the surrounding water sources.

In March, Governor Snyder refused an earlier request by WAVE to halt construction on the mine and order an EIS.  In our letter we said:

Allowing the development of the Eagle mine to continue or to close the mine down is, quite simply, a question involving life and death choices.  Physicians and public health professionals have testified repeatedly that our health and the health of our children is being placed at great risk by the Eagle mine for generations to come. We think you would agree that we should not compromise the lives of our people for a short term economic gain.

I was morally outraged by his decision. The decision precipitated the Campaign 

I am fasting to support the goal of the campaign.  It is my way to say “NO” to the unknown and possibly devastating consequences of the mine and “YES” to protecting our water and assuring a sustainable future for our children. 

As a person of faith, I perceive the fast as a way of nonviolently placing myself between the Eagle Mine and our precious water resources and the people whose health and well being depend on them.  If the Governor will not take responsibility for these matters, then we-the-people must do so.    

Perhaps the Governor will listen and give some thought to his decision.  Perhaps his conscience will tell him that he should do the right thing and suspend work on the mine. 

And, hopefully, the people of Michigan will hear WAVE’s call to join the Campaign and condemn the mine, demanding that the Governor call for a halt in its construction.

I hope also that the campaign and my fast not only halt the Eagle Mine but serve as a catalyst for concerted action across the western UP to anticipate and resist strongly future mines that are planned for our region.  There has been and continues to be extensive exploration for new mines.  Recently Kennecott Minerals began exploratory drilling in the Ottawa National Forest.

One further thought.  I believe the mine is a symbol of the consequences of an alliance between the corporate sector of our economy, dominated by multi-national giants like Rio Tinto, and our state government that has effectively disenfranchised we-the-people and shredded the social contract.  We no longer have an effective voice in the most basic decisions that affect our health and well being.  How did this come about?. What is to be done about it?  How are we to regain a voice in these decisions at every level of government?  My conviction is that it can only be done by creating our own alliances, finding common ground, and working together to regain our voice.  I invite other thoughts about this.

I look forward to hearing from you.  Contact me at the email address above.  You can also find me Monday through Thursday at 4:30 PM in front of the main Marquette post office on the corner of Washington Ave. and  N.  Third St. 

In peace,

Scott Rutherford

Biodata
I’m a 77 year old resident of Hancock, Michigan.  I’m a graduate of Dartmouth College and served three years in the U.S. Navy.   After working for  A.I.D  for six years, I went to work for the Economic Development Administration from which I retired in 1986.  I am one of the founders of Omega House, a home for the terminally ill in Houghton.  I am married to the artist, Joyce Koskenmaki.  I have three children from a previous marriage and five grandchildren.  I am a member of Good Shepherd Lutheran Church in Houghton, Michigan..

Contact Information
Save the Wild UP
PO Box 562
Marquette MI 49855 
906.228.4444 
info@savethewildup.org
scottru33@yahoo.com 

Scott Rutherford and supporters

1. HR 2018- This federal bill is being called the Clean Water Cooperative Federalism Act. While the term clean water is in the title and it sure sounds nice, this bill is being made to change who is granted authority of water quality standards under the Clean Water Act. Currently, federal water quality standards serve as a base for states to either meet or make more stringent. If HR 2018 is passed, the authority would be turned over to each state and they can individually create water quality standards. As many of us know, our state government fluctuates so much that water quality standards could actually get worse if the administration chooses to do so.

2. HR 872- This federal bill has passed the U.S House of Representatives but the bill has been placed on hold in the Senate after it cleared the Senate Agriculture Committee by a voice vote. The bill would exempt pesticide users from having to obtain a new Clean Water Act permit if they spray pesticides over navigable waters.

3. HB 4303- Thisstate bill limits the DEQ from imposing compensatory wetland mitigation in certain roadwork projects.  Wetland mitigation is a payment that offsets the environmental impact of projects on wetlands and helps to protect them for future generations. Under this bill, if the road in question already exists or the activity takes place within the road right-of-way, the DEQ would first need the consent of the entity with legal jurisdiction over the road to before it could require compensatory wetland mitigation.

Please take the time the contact your elected officials, both state and federal, about these issues. If you do not know who they are or how to contact them, visit this site: http://www.usa.gov/Contact/Elected.shtml