Yellow Dog Watershed Preserve » eagle project

Petitioners Appeal Court Decision

elimywhit — Mon, 12 Dec 2011 20:05:05 +0000

Groups Appeal Decision Allowing Dangerous Mine to Move Forward

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.

Groups Seeks Motion to Halt Mine

elimywhit — Tue, 06 Sep 2011 16:57:51 +0000

MARQUETTE, MICH. (September 1, 2011) – A coalition of groups yesterday asked a judge to halt imminent mining activity that would desecrate a sacred Native American site and jeopardize water quality for 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 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

Mining Permit Amendment Request

elimywhit — Tue, 23 Nov 2010 16:52:12 +0000

The Michigan Department of Natural Resources and Environment received a request from Kennecott Eagle Minerals Company to amend their mining permit to reflect changes in their plan to supply power to their facilities. As stated in the original permit, the company planned to use diesel generations to power the operation. Since then, KEMC changed course, working with Alger Delta Electric Cooperative to run an underground cable through a previously unpowered area. The new line, which is in the process of being built, branches from County Road 550, up County Road 510, then up County Road AAA.
Groups such as the Yellow Dog Watershed Preserve have expressed disappointment in the fact that a mining permit amendment was deemed unneccessary for running the underground cable before now, even though KEMC is paying for the cable and will be the only user. These activities were considered “outside” of the mining operation by the Michigan Department of Natural Resources and Environment. According to them, a permit amendment is required, however, to finishing running the underground cable from the AAA road to the compound, a distance of perhaps 200 feet or less.
A hearing will be held on December 7, 2010 at 7pm in the Westwood High School Auditorium in Ishpeming to determine whether the amendment will be granted.
To view the letter requesting the amendment, click here: http://www.michigan.gov/documents/deq/Power-Amendment-Letter-2010-11-15_338498_7.pdf
To view the MDNRE response, click here: http://www.michigan.gov/documents/deq/Public-_Meeting-2010-11-17_338793_7.pdf

Contractors laying cable on AAA road to power mine facility

MDNRE grants Kennecott permit amendment

elimywhit — Fri, 20 Aug 2010 17:31:24 +0000

A notice was posted on page 7 of the Mining Journal on August 15, 2010 that the Michigan Department of Natural Resources and Environment had received and reviewed amendments to a mining permit from Kennecott Eagle Minerals regarding Eagle Project. The company sent a letter listing the “modest” changes which include relocation of the Temporary Development Rock Storage Area (TDRSA) as well as the Waste Water Treatment Plant and Contact Water Basins. All structures will also increase in size. Actual dimensions and locations were not supplied to the public on the MDNRE website, which was stated in the article to be the resource for more information.

The agency determined that the amendments did not constitute a significant change to the existing approved permit. Therefore, no public hearing will be held. Not included in the amendment application were changes in mine plan regarding power generation and ore transport. This is surprising since both associated enterprises pose large environmental consequences. At this time, the public can access the letter of intent from Kennecott Eagle Minerals along with a site map. The information can be viewed at http://www.michigan.gov/deq/0,1607,7-135-331_4111_18442-130551–,00.html

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

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

Humboldt Mill Application Decision

elimywhit — Mon, 12 Oct 2009 13:27:06 +0000

Humboldt Mill Environmental Permits Proposed for Approval
The Michigan Department of Environmental Quality (MDEQ) today announced its decision proposing permit approvals that would enable Kennecott to refurbish and then use the Humboldt Mill.
The MDEQ has proposed approvals for three permits required under state law for operating the Humboldt Mill. The MDEQ will hold a public hearing on the proposed permits on December 1, 4:00 – 10:00 p.m. at the Westwood High School Auditorium, Ishpeming. View proposed decisions and all documents related to the Humboldt Mill project at http://www.michigan.gov/deq/0,1607,7-135-3311_4111_18442-205482–,00.html.

Public Meeting on Woodland Rd

elimywhit — Wed, 16 Sep 2009 14:30:41 +0000

Kennecott plans to build a road from the potential Eagle Mine on the Yellow Dog Plains to a potential processing facility in Humboldt Township. This road, known as the Woodland Road, would bisect a large swath of land that is yet undeveloped. The Marquette County Road Commision will be holding a meeting on September 28 at 6pm to discuss the plan. See official notice below. Please attend the hearing if possible.

NOTICE OF PUBLIC HEARING
The Board of County Road Commissioners of Marquette County, Michigan will hold a public hearing on September 28, 2009 at 6:00 p.m. EST. The hearing will be held at the Ishpeming Township Hall .
The purpose of the public hearing is to discuss the Woodland Road Transportation Plan.
Minutes for the above meeting will be filed and available for public use at the Road Commission Office during normal operating hours.