Yellow Dog Watershed Preserve » news

EPA rules permit not needed

elimywhit — Fri, 02 Jul 2010 20:19:41 +0000

Today we received disappointing news that the U.S. Environmental Protection Agency did not agree that Kennecott Eagle Minerals needed a federal permit for discharge of wastewater into groundwater. YDWP disagrees, as the original design was changed slightly from underground piping to above ground piping by the company to get around the permit requirement. The potential effects remain the same and the company should be held to a higher standard.
“Very disappointing is all I can say,” says Emily Whittaker, Director of the Yellow Dog Watershed Preserve, “Regardless, our group will continue with our mission, mine or not, and that is to protect this river from harm.” According to environmental consultants hired by Kennecott, the groundwater flow located near the discharge indicates potential effects for the Salmon-Trout only. But a third party hydrogeological survey was never conducted and the flow model is based on only three field seasons of data. ” I truly believe the adjacent watershed’s aquifers, that of the Yellow Dog River, could be in jeopardy. But data is limited. We will continue to collect as much water quality information as possible to best safeguard our water,” says Whittaker.
Below is the correspondence between the U.S. EPA and Kennecott Eagle Minerals. Please read through the letter, as well as the comments from the Keweenaw Bay Indian Community regarding the UIC permit located at the link below.

http://www.epa.gov/r5water/uic/kennecott/kennecott_correspondence.htm

EPA-_KEMC_UIC_Letter_070110

Rio Tinto’s Idea of Community Relations

elimywhit — Thu, 27 May 2010 18:11:24 +0000

This morning I witnessed a scene that I hoped I never would. As most of you know, a group of citizens, both tribal and non, have been occupying the land known as Eagle Rock for over a month now. They have tents up, a cooking shelter, a sacred fire, and flags flying in the wind at the top of the rock. I traveled to the Rock around 8:30am this Thursday morning but was met by a police officer blockading a public road, County Road AAA, with his squad car. We parked and continued toward the Rock on foot. As we passed, I asked what right he had to block the public off. The officer informed me that the State Police gave him authority to block off a county road and state land. We continued pass the officer on foot and arrived at the encampment. Within five minutes, three officials that work for Kennecott showed up and issued everyone with letters. Matt Johnson, a former aid to Governor Granholm, began by stating that he was so happy to be “working” with this group. He continued with a statement about the land being a construction zone and their need to meet federal safety laws. They asked the group to leave and we all refused. Johnson said they would be forced to have police intervention. We sat back down around the sacred fire for awhile while the police were assembling just beyond Eagle Rock. Some of us put tobacco on the fire, some of us stoked the fire to keep it burning. About 15 state troopers appeared after awhile and informed us that they were just “doing there job”. I’ve heard that so many times it makes me sick. They asked who going to walk out and who wasn’t. Chris Chosa stepped up and stated they would have to remove him if they wanted him gone. Charlotte Loonsfoot watched from above as she was praying on top of Eagle Rock. Police told the group that no filming or cameras were allowed during the arrest. We refused and kept filming. Many members of the group stated that they had no right to be enforcing corporate law and we were enforcing citizen law. This all happened with Matt Johnson, Kennecott spokesman, hiding in the bushes on looking as police swarmed around the small group. Police radioed for Matt and other Kennecott officials to come forward but they did not. After strong words were exchanged, four of the group walked out voluntarily, many in tears. Chosa and Loonsfoot were cuffed and driven to jail as the rest sat on the roadside in the blueberry bushes, watching a company that was ready and poised to build a fence immediately after we were removed.

Now, here we are. Please look through the pictures and videos. This is not the time to give up. Keep checking back for more information as the situation unfolds. Keep everyone in your mind and help when you can. We will keep everyone up to speed.

Sacred Fire and Tobacco

Officer leading the arrest

Cop car blocking County Road AAA

Watch the video of arrested individual being taken away

http://www.youtube.com/watch?v=9pJLU08Rvns

Activist Songwriter Releases “Eagle Rock”

elimywhit — Fri, 21 May 2010 14:47:13 +0000

Drew Nelson, acclaimed singer and songwriter, recently released his latest song, entitled Eagle Rock-Song for the People. This is a wonderful song that tells of the story of our struggle to keep the Yellow Dog Plains free from pollutants and accessible for all to enjoy. “This is not a local problem, it is a global problem,” says Nelson. You can download the song for free by clicking on the blue hyperlink entitled Eagle Rock below but please, if you are able, think about making a donation below. Look through our pages to read up on the background information about Sulfide Mining and view the posts that keep you updated on the latest happenings. You can also view the lyrics to this beautiful tune below. For those of you who are Drew fans, he will be playing at our Annual Meeting on August 28, 2010 in Marquette, MI at the Peter White Public Library. Keep the support for everyone involved coming! Thank you to all of our supporters and special individuals like Drew. Check out his sound at www.drewnelson.net

Eagle_Rock

Aerial View of encampment on Eagle Rock by Chauncey Moran

Lyrics
sun breaks over the Yellow Dog
call the thunder down
feel the wind rush against my face
sound of the children
breaks the stillness of the morning
red tail rises not a mile from this placeall through the night
they kept the fire burning
all through the night they sang
call the directions, put tobacco down
prayers and smoke on the windChours:
Here at Eagle Rock we will take our stand
Here at Eagle Rock we will pray
for the healing of our people
and the healing of our land
there’s a fire burning in our hearts
Ishkoday
Ishkoday
Ishkoday

For a thousand years
this place has been sacred
it will be for a thousand more
all those who lover her
cry all my relations
see the old ones sing
see the young ones grow

Chrous:

there is a law higher than any government
places more important than a mine
a love that is greater than any corporation
ask the Eagle, ask the Bear, Ask the Pines.

Chours:

Woodland Road permit withdrawn

elimywhit — Tue, 11 May 2010 15:32:58 +0000

The permit application for the Woodland Road project was withdrawn from review according to a letter sent to the Michigan Department of Natural Resources and Environment on May 7. The letter was sent from the Woodland Road, LLC which was planning to build a road connecting the Yellow Dog Plains to M-28 near Humboldt Township. The Woodland Road, LLC is comprised of Kennecott Minerals, John Jilbert Properties, A. Lindberg and Sons, and the Michigan Forest Products Council.

The group submitted the application earlier this year but was met with challenging opinions from local citizens, federal agencies, state biologists, and environmental groups like the Yellow Dog Watershed Preserve. During public hearings regarding this permit application, many individuals spoke out about the potential negative consequences of building a 22 mile haul road through a remote and wild section forest land. Issues ranged from the impacts on wetlands to habitat destruction/fragmentation and more. The majority of the concerns from federal agencies included a lack of analysis regarding alternative routes and wetland mitigation. To address the concerns, the group withdrew their permit right as the 90 day decision period was closing.

As a group that has reviewed the application, submitted comments, and attended the public hearings, YDWP commends the U.S. EPA for taking a closer look and not simply rubber stamping this project. If such oversight was used during the permit review for the mining plan, we might be in an entirely different situation.

Below is the document that was sent to the MDNRE from Woodland Road, LLC.

Memo to MDNRE

Plain to See

elimywhit — Fri, 23 Apr 2010 18:38:09 +0000

Falls on the threatened Yellow Dog River by Zac Luhellier

In our ongoing effort to persuade the public and our elected officials that developing a mine in this watershed is not the best choice both environmentally and economically, we invite our members and the public to get involved now more than ever. As many of you know, a private citizen, Cynthia Pryor, was arrested Tuesday for “trespassing” on public land, Eagle Rock. Cynthia was sitting near a bulldozer that was unoccupied and shut off when Kennecott personnel came over to inform her that she was trespassing. The personnel left to call security and the police over her actions. She was taken into custody, pled not guilty, and was released yesterday due to a judge’s ruling. She will still face charges at her trial set for May 6, 2010.

Many people have expressed concern over her treatment and are in disbelief with the company over their withdrawal of a permit application so they could skirt around the federal government and begin to clear the surface. Some believe they do not have an executable permit since they never heard from the U.S. Environmental Protection Agency over the issue. Some believe since the MDNRE concurred with the company, they do have their permits. The Yellow Dog Watershed Preserve believes that whether or not they have a permit in hand, their actions have been reflective of how they would operate the mine, careless and hurried.

There is still opportunity to put this mine to rest. There any several actions you can take that will keep the water and land protected and for all to use. The good news is that we will never go away but Kennecott/Rio Tinto will. Here are some things you can do to try and improve the situation for those of us who will not trade off our morals and way of life for a paycheck.

1. Take just a few minutes each day to read through the Mining Journal and TV-6 website. Look for opportunity to voice your opinion. TV-6 frequently has a blog and/or poll that you can post on. It is not a waste of time, so speak up! This shows the internet community that it is not a one sided way of thinking. Writing letters to the editor of the Mining Journal always helps. We need more people to speak up.

2. Take a little trip out to the plains. Go with a friend, take pictures to share, and see for yourself what is going on. Be mindful that if you occupy the land that has traditionally been open to the public, you can be arrested! We advise that you stay on the road.

3. Write letters to the MDNRE and express your concern with how this project is proceeding and how the company is handling people in the community where the mine would be located. We can help you write letters if needed.

Rebecca Humphries
Department of Natural Resources
Mason Building, 6th floor
P.O. Box 30028 Lansing, MI 48909

4. Donate to a legal defense fund that is set up for people like Cynthia. You can visit http://www.savethewildup.org/donate. You can also donate to groups like ours who continue to do all they can to help this community make a better choice for their future at http://www.yellowdogwatershed.org/blog/contribute-today/donation-station/

5. Attend rallies, events, and informational sessions to be part of the movement. Check back for event details and updates as things unfold.

Federal Agencies Disapprove of Haul Road

elimywhit — Mon, 22 Mar 2010 15:42:51 +0000

The U.S. Environmental Protection Agency, U.S. Army Corp of Engineers and U.S. Fish and Wildlfife has recommended to the Michigan Department of Natural Resources and Environment to NOT APPROVE the Woodland Road wetlands permits. There were two important concerns that emerged from all three agency comments:

1. They recognized that the intent of the road was for the use of Kennecott to haul ore from Eagle to Humboldt – no matter how they tried to guise it for the good of the public and part of a greater consortium for other uses. The agencies noted a need for a “holistic” approach to the building of a mining haul road which included noting cumulative and individual impacts of the proposed Eagle Mine, their Humboldt Mill processing plant and any future mining ventures that may utilize the roadway.

2. That Kennecott did not meet the letter nor intent of the law and did not apply the necessary science or diligence to prove their case in the development of this road through this virtually ‘roadless’ region. They cited a lack of good comparative analysis of alternative routes, wetlands mitigation projects that do not meet legal criteria and an overall deficiency in the wetlands permit application itself.

Further detail about their comments can be viewed in this document
EPA_Comments_3-17-10[1]

The MDNRE has 90 days to either get compliance from the applicant with their concerns or deny the permit. If the company can comply with these agencies’ concerns within the next 90 days these agencies may withdraw their objection and the wetlands permit may be approved. If, however, the MDNRE approves this permit without these agenies withdrawal of their concerns – the applicant must file for a permit under Part 404 Clean Water Act with the Army Corp of Engineers.

The outcome is still to be determined, so we urge all citizens to again weigh in with their comments to the DNRE asking them to deny this wetlands permit. A simple email to Mr. Smolinski supporting the EPA, U.S. Fish and Wildlife Service and the Army Corps of Engineers’ recommendations to NOT APPROVE the Woodland Road LLC wetland permit, with a cc: to Director Rebecca Humphries AND a little call to our Governor would be nice. Keep it all nice and polite and urge them to DENY this permit.

Mr. Mike Smolinski – DNRE

SMOLINSKIM@michigan.gov

cc: Director Rebecca Humphries – DNRE
Lansing MI

HUMPHRIR@michigan.gov

CALL:

Governor Jennifer M. Granholm
PHONE: (517) 373-3400
PHONE: (517) 335-7858 – Constituent Services

MDEQ gives permits “final” approval

elimywhit — Mon, 18 Jan 2010 16:15:19 +0000

Two days before the Michigan Department of Environmental Quality ceases to exist, a statement was issued giving “final approval” of mining permits that were being contested by Huron Mountain Club, National Wildlife Federation, Yellow Dog Watershed Preserve, and Keweenaw Bay Indian Community. The approval was given before the administrative law judge had submitted a clarification of his ruling. The MDEQ stated the judge’s ruling was not needed since it pertained to Eagle Rock as a place of worship. They believe that a place of worship must be a building and therefore negates comments that were not in favor of the mining company.
The four co-petitioners have indicated that an appeal to circuit court will be made. However, the company purports that construction and clearing will begin this year, even though they do NOT have their Underground Injection Control permit from the U.S Environmental Protection Agency. The former MDNR stated that they cannot begin construction until Kennecott has received this permit.
Cynthia Pryor, of the Yellow Dog Watershed Preserve, stated, ” This is an egregious act that now will absolutely require appeal to a higher court and should require an appeal to the new DNRE Director Rebecca Humphries and the Governor of this state. We should not sit by and accept such action as the accepted mode of “lawfulness” in this state.”

Please call the office of the Governor and lodge your complaint: 517 373-3400 or 517 335-7858.
Letters can be sent to:
Governor Jennifer M. Granholm
P.O. Box 30013
Lansing, Michigan 48909
PHONE: (517) 373-3400
PHONE: (517) 335-7858 – Constituent Services
FAX:(517) 335-6863

Humboldt Mill Permit Hearing

elimywhit — Fri, 20 Nov 2009 19:01:30 +0000

The MDEQ gave preliminary approval to Kennecott for the reopening of a crushing facility in Humboldt township in Marquette County. Four separate permits were given draft approval and the MDEQ is now seeking comments from the public and stakeholders. A public hearing is scheduled for December 1, 2009 from 4pm to 10pm in Ishpeming, MI at Westwood High School, located at 300 Westwood Dr. Comments are sought on the 1) Air Use permit, 2) NPDES for discharge of treated water into the Escanaba River watershed, 3) Non-ferrous metallic mining permit to operate and reclaim the facility, and 4) deposition of tailings into a pit.

Each person will have five minutes to address the MDEQ with their concerns.
Below are links to the permit applications:
Air Use Permit: http://www.michigan.gov/documents/deq/5of4_295852_7.pdf
NPDES Permit: http://www.michigan.gov/documents/deq/doc40f4_295708_7.pdf

Comments can also be submitted via email to DEQ-Kennecott-Humboldt-Mill-comments@michigan.gov or by mail to:
DEQ Kennecott Comments
Office of Geological Survey
P.O. Box 30256
Lansing, MI 48909-7756

MDEQ reaction to court ruling

elimywhit — Tue, 10 Nov 2009 17:04:28 +0000

Mich. regulator wants more info on proposed mine
(AP)
LANSING, Mich. — Michigan’s chief environmental regulator wants more information about a rocky outcrop in Marquette County that could affect plans for a nickel and copper mine.
Steven Chester, director of the Department of Environmental Quality, on Friday asked Administrative Law Judge Richard Patterson to reconsider his recommendation about the outcrop, known as Eagle Rock.
Patterson last August said Chester should grant Kennecott Eagle Minerals Co. permits to build the mine — but only if steps are taken to protect Eagle Rock, which Indian tribes use for spiritual ceremonies.
Kennecott Eagle plans to run the mine’s entrace tunnel beneath the 60-foot-high rock.
Chester asked Patterson to look further into whether Eagle Rock is legally a place of worship. After getting the judge’s opinion, Chester will decide on the permits.

Below is the actual Order of Remand from Chester

DEQ_Remand_-_Place_of_Worship[1]

MDEQ and MDNR merge

elimywhit — Mon, 12 Oct 2009 13:34:07 +0000

According to state officials, the creation of a new Department of Natural Resources and Environment (DNRE) will take effect on January 17, 2010. The department’s mission will be a familiar one to our state government family: To conserve, manage, protect and promote Michigan’s natural resources, environment and related economic interests for current and future generations. This includes implementing an ecosystem-based strategy for resource management, effectively using natural resources in a sustainable manner, and providing for continuous improvements in Michigan’s air, water and soils while facilitating and encouraging economic growth.

Here are some proposed changes.

Natural Resources Commission. The Commission of Natural Resources will be transferred, intact, to the new DNRE but will be renamed the Natural Resources Commission (NRC). Commission members will continue to serve through the end of their existing terms, and vacancies will continue to be filled by the governor with the advice and consent of the Senate. The NRC will retain existing authority to regulate the taking of game, establish periods of validity for hunting and fishing licenses, and regulate the feeding of deer and elk, without review by or appeal to, the DNRE director. The NRC will also assume functions currently performed by the Citizens Committee for Michigan State Parks and the Water Resources Conservation Advisory Council to further reduce administrative overhead. However, the governor, not the commission, will appoint the department director.

Trails Advisory Council. A seven-member Trails Advisory Council will be established under the executive order, and the functions of the existing Snowmobile Advisory Council and Michigan Trailways Advisory Council, which are being abolished under the order, will be given to this council. The Michigan Trails Advisory Council will focus on the creation, development, operation, and maintenance of snowmobile, equestrian, hiking, skiing, and off-road vehicle trails.

Environmental Science Board. The director of the DNRE will be authorized to convene a seven-member Environmental Science Review Board (ESRB) to advise the DNRE on scientific issues affecting the protection and management of Michigan’s environment and natural resources. The ESRB will be comprised of individuals with expertise in biological sciences, chemistry, ecological science, geology, risk assessment, and other related disciplines. The Site Review Board process under Part 111 of the NREPA is being eliminated for greater efficiency in environmental proceedings.

Agriculture. The executive order also impacts the Michigan Department of Agriculture by giving the governor responsibility for appointing the Agriculture director, a responsibility that is currently held by the Agriculture Commission. The Office of Racing Commissioner will be transferred to the Michigan Gaming Control Board and the Racing Commissioner’s position will be abolished. The executive director of the control board will assume the commissioner’s duties. Several boards and commissions within the Department of Agriculture are also being abolished.

The Governor is appointing Bruce Rasher to serve as transition manager to implement the order and begin building the new department with our help. Bruce has a degree in fisheries and wildlife management from Michigan State University and worked for many years at Consumers Energy, where he was actively engaged in issues related to brownfield redevelopment, energy efficiency and environmental management. He served as mayor of the city of Marshall from 1995 to 1998.