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.

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

Please call the office of the Governor and lodge your complaint:  517 373-3400 or 517 335-7858.
Letters can be sent to:
Governor Jennifer M. Granholm
P.O. Box 30013
Lansing, Michigan 48909
PHONE: (517) 373-3400
PHONE: (517) 335-7858 – Constituent Services
FAX:(517) 335-6863

Written comments will be accepted 10 days after the scheduled hearing. Please make it to this meeting. This area should be left wild and building a haul road straight through it will endanger wildlife, plant ecosystems, opportunities for solitude, and water quality of 8 different waterways. We will keep you posted on more updates as the comment period approaches.

State threatened gentians could be impacted

Each person will have five minutes to address the MDEQ with their concerns.
Below are links to the permit applications:
Air Use Permit: http://www.michigan.gov/documents/deq/5of4_295852_7.pdf
NPDES Permit: http://www.michigan.gov/documents/deq/doc40f4_295708_7.pdf

Comments can also be submitted via email to DEQ-Kennecott-Humboldt-Mill-comments@michigan.gov or by mail to:
DEQ Kennecott Comments
Office of Geological Survey
P.O. Box 30256
Lansing, MI 48909-7756

MARQUETTE, MI — Wrongfully putting a private company’s profit margin before the public’s interest is at the heart of a Notice of Appeal filed in the Michigan Court of Appeals today by the National Wildlife Federation and three other local organizations.

Earlier this month, Ingham County Circuit Court Judge Paula Manderfield said her court did not have jurisdiction to determine whether the Michigan Department of Natural Resources erred in its decision to lease 120 acres of State of Michigan lands to Kennecott Eagle Minerals Company for mining facilities. Opponents of a risky metallic sulfide mine proposed by Kennecott believe the lease is illegal.

Eagle Rock, a sacred outcropping visited by Native Americans for generations, is at the heart of the debate. Earlier this week, an administrative law judge recommended to the Michigan Department of Environmental Quality that the mine’s entry portal be moved away from the sacred rock. In his decision, the judge stated that Kennecott and the MDEQ “did not properly address the impact on the sacred rock outcrop known as Eagle Rock.”

Availing themselves of the next step in the judicial process, NWF, Keweenaw Bay Indian Community, Huron Mountain Club, and Yellow Dog Watershed Preserve are pursuing their right to present evidence and be heard on whether denying the public access to public lands, including the rock sacred to local Native American tribes, is a violation of the public trust doctrine.

“The practical implication of the judge’s decision is that we could not present evidence regarding the public trust doctrine. We believe that having a hearing on the merits is the only fair way for this matter to proceed. This ruling eviscerates the public’s ability to implement the doctrine that requires that assets held by the State must be managed for the good of the public,” explained Michelle Halley, attorney for the National Wildlife Federation.

“Our challenge of the DNR lease dovetails with the administrative law judge’s finding that the MDEQ did not properly consider Eagle Rock’s use as a place of worship. The MDNR neglected to do so as well,” said the NWF attorney.

In addition to Eagle Rock, the portion of the Yellow Dog Plains that would be off limits to the public if the mine is allowed has historically been used by local hunters, anglers, hikers, and berry pickers.

“The public trust doctrine takes into consideration the historical use of the area, as well as public access. In this case, the public not only had access to the area for centuries, but actively used the lands for a variety of purposes. Now the State wants to take it away from the public and give it to a private, foreign-owned company for private gain. We deserve the chance to make our case and have it decided on merits. We are confident,” Halley said.