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

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

 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

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.

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