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

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.

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

 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

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.

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.