Yellow Dog Watershed Preserve » sulfide mining

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

Rally at the Capitol

elimywhit — Tue, 01 Jun 2010 14:21:39 +0000

We are taking the cause down to Lansing as we rally on the capitol steps. Please read below for more information and attend if you can!

Thursday, June 3, 2010
11:00 am – Gather on the Capitol Lawn
11:30 – 2:00pm Reading of the Environmental Justice Petition
Reading a Tribal Rights Statement
Performance – There are many musicians joining us including, Drew Nelson, Miko Fossum, Rachael & Dominic Davis, Jen Sygit, Sam Corbin, Josh Davis, Wanda Degen, Victor McManemy, Seth Bernard, and May Erlewine. We have a P.A. system so that all can hear. Please tell everyone!

2:00pm – Deliver the petitions and Tribal Rights Statement to the Governor’s office

At 3:00 pm, we will walk from the Capitol Steps to the Lansing Center – 333 E. Michigan Ave – three blocks away to attend Natural Resources Commission Meeting. Public Comment starts at 4:30. Those on the schedule for Public Comment get 5 minutes – those not scheduled get 3 minutes. To get on the speaking schedule you must email Teresa Gloden glodent@michigan.gov and inform her you would like to be on the schedule for Public Comment at the June 3rd NRC meeting – subject: Yellow Dog Plains or whatever you want. If you do not schedule, after all confirmed speakers are finished they will open it up to the public for the 3 minutes each time frame. We will NOT demonstrate inside the meeting other than with our presence. Link to Agenda: http://www.michigan.gov/documents/dnr/agnJUNE10-G_321393_7.pdf

Anyone needing a ride or willing to drive to Lansing and take riders from the U.P. – please contact Wendy Johnson at 906 361-5179 or ydwp@yellowdogwatershed.com . Everyone is on their own getting there and coming back! Blue Flags! Make them up – just buy the material and put it on a staff. Small or large – we want blue flags waving!!

This is a peaceful demonstration of our rights. Be there.
Please check this Facebook event for last minute updates: http://www.facebook.com/event.php?eid=126546587362974

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

Update on Plains Activities

elimywhit — Fri, 07 May 2010 11:00:04 +0000

Over the course of the two weeks, we have seen one arrest, two protests, petitions, and letter writing campaigns. To top it all, members of the Keweenaw Bay Indian Community have come to Eagle Rock to help protect it from mining development. Yesterday, Cynthia Pryor pleaded not guilty which would mean it will go to a jury trial. The article below from the Huffington Post is a great article that sums up what we are all standing for. For more coverage, see these media resources below and be sure to comment where possible:
http://www.huffingtonpost.com/cynthia-pryor/a-sacred-fire-is-burning_b_567652.html

http://www.uppermichiganssource.com/news/video.aspx?id=453744

http://www.miningjournal.net/page/content.detail/id/543839.html?nav=5006

http://www.standfortheland.com/

In addition, there will be a small drumming circle on Eagle Rock next Tuesday evening with local group Log Jam. If you are interested in coming up, bring your drum and some friends around 5:30pm.

Environmental Justice Action

elimywhit — Wed, 28 Apr 2010 19:35:31 +0000

Another way to support the efforts of our group is to read through the principles of environmental justice and the accompanying letter created by the Yellow Dog Watershed Preserve. We believe that the main tenets of environmental justice have been violated throughout the entire process thus far. Attached to this post are accompanying materials such as petition sheets for those interested in collecting. Please be sure to send them back to:

Yellow Dog Watershed Preserve
P.O. Box 5
Big Bay, MI 49808

Letter to Governor Granholm
This letter explains our and hopefully your viewpoint through the lense of environmental justice. Please read through it, print it out, and sign your name. Feel free to make changes so the letter can be in your own words.

Principals of Environmental Justice
These principles are accepted by the federal government as the tenets of environmental justice. Although the wording indicates it applies to people of color, environmental justices is for all.

Principals Violated
This document is a synopsis of what principles of environmental justice were violated. Please read through this and print it out for all to see.

Petition Copy
We ask that each person collect 50 signatures. Please read through the petition language, print it out, and collect signatures! Do not have people sign more than one time. If this file type does not download, try the format below.

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

Kennecott seeks Groundwater Permit change

elimywhit — Wed, 10 Mar 2010 16:49:57 +0000

Kennecott filed an amendment letter to the MDNRE in February seeking modification of a Groundwater Discharge permit. Details indicate that they would bring the water to the surface and covering it all with 8″ of gravel, two layers of styrafoam board and a 40 ml liner, as opposed to an underground injection. There will be a public hearing scheduled for March 11th 7:00 at Westwood High School in Ishpeming for interested citizens to ask questions and get more details on the changes.

Here is the link to the actual proposal amendment: http://tiny.cc/vkoPN

Photo by Chauncey Moran