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.

http://www.biddingforgood.com/auction/AuctionHome.auction?auctionId=146439168

Hand Etched Necklace

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

YDWP will hold their Annual Meeting at 6:30pm in the Banquet Room of the Upfront and Company, prior to the concert. Elections for board members will take place. In addition, an update of the group’s activities will be given. Positions for board of directors are open to members of YDWP and are listed below.

Vice Chair
Treasurer
Secretary
3 Directors

If you are interested in becoming a part of our board of directors, email us at emily@yellowdogwatershed.org. You must be a member of YDWP and attend our Annual Meeting on December 3rd.

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