Yellow Dog Watershed Preserve » yellow dog plains

Spiritual Day of Fasting on YD Plains

elimywhit — Wed, 14 Jul 2010 19:37:17 +0000

A small gathering a watershed residents and supporters of clean water and pure environment will be coming together this Sunday (July 18th) which is Lake Superior Day. All are welcome to fast together and may arrive anytime to the site. Below is a description on how to get there.

From Marquette: Travel up County Road 550 from the Dead River bridge and continue for approximately 22 miles until you reach County Road 510. Turn left on County Road 510 and continue for 3 miles. Take a right onto County Road AAA and continue for 8.7 until you reach the Clowery Trail. From there, follow the signs that will be posted roadside. If you have questions, call 362-8521.

Activist Songwriter Releases “Eagle Rock”

elimywhit — Fri, 21 May 2010 14:47:13 +0000

Drew Nelson, acclaimed singer and songwriter, recently released his latest song, entitled Eagle Rock-Song for the People. This is a wonderful song that tells of the story of our struggle to keep the Yellow Dog Plains free from pollutants and accessible for all to enjoy. “This is not a local problem, it is a global problem,” says Nelson. You can download the song for free by clicking on the blue hyperlink entitled Eagle Rock below but please, if you are able, think about making a donation below. Look through our pages to read up on the background information about Sulfide Mining and view the posts that keep you updated on the latest happenings. You can also view the lyrics to this beautiful tune below. For those of you who are Drew fans, he will be playing at our Annual Meeting on August 28, 2010 in Marquette, MI at the Peter White Public Library. Keep the support for everyone involved coming! Thank you to all of our supporters and special individuals like Drew. Check out his sound at www.drewnelson.net

Eagle_Rock

Aerial View of encampment on Eagle Rock by Chauncey Moran

Lyrics
sun breaks over the Yellow Dog
call the thunder down
feel the wind rush against my face
sound of the children
breaks the stillness of the morning
red tail rises not a mile from this placeall through the night
they kept the fire burning
all through the night they sang
call the directions, put tobacco down
prayers and smoke on the windChours:
Here at Eagle Rock we will take our stand
Here at Eagle Rock we will pray
for the healing of our people
and the healing of our land
there’s a fire burning in our hearts
Ishkoday
Ishkoday
Ishkoday

For a thousand years
this place has been sacred
it will be for a thousand more
all those who lover her
cry all my relations
see the old ones sing
see the young ones grow

Chrous:

there is a law higher than any government
places more important than a mine
a love that is greater than any corporation
ask the Eagle, ask the Bear, Ask the Pines.

Chours:

Woodland Road permit withdrawn

elimywhit — Tue, 11 May 2010 15:32:58 +0000

The permit application for the Woodland Road project was withdrawn from review according to a letter sent to the Michigan Department of Natural Resources and Environment on May 7. The letter was sent from the Woodland Road, LLC which was planning to build a road connecting the Yellow Dog Plains to M-28 near Humboldt Township. The Woodland Road, LLC is comprised of Kennecott Minerals, John Jilbert Properties, A. Lindberg and Sons, and the Michigan Forest Products Council.

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

Update on Plains Activities

elimywhit — Fri, 07 May 2010 11:00:04 +0000

Over the course of the two weeks, we have seen one arrest, two protests, petitions, and letter writing campaigns. To top it all, members of the Keweenaw Bay Indian Community have come to Eagle Rock to help protect it from mining development. Yesterday, Cynthia Pryor pleaded not guilty which would mean it will go to a jury trial. The article below from the Huffington Post is a great article that sums up what we are all standing for. For more coverage, see these media resources below and be sure to comment where possible:
http://www.huffingtonpost.com/cynthia-pryor/a-sacred-fire-is-burning_b_567652.html

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.

Federal Agencies Disapprove of Haul Road

elimywhit — Mon, 22 Mar 2010 15:42:51 +0000

The U.S. Environmental Protection Agency, U.S. Army Corp of Engineers and U.S. Fish and Wildlfife has recommended to the Michigan Department of Natural Resources and Environment to NOT APPROVE the Woodland Road wetlands permits. There were two important concerns that emerged from all three agency comments:

1. They recognized that the intent of the road was for the use of Kennecott to haul ore from Eagle to Humboldt – no matter how they tried to guise it for the good of the public and part of a greater consortium for other uses. The agencies noted a need for a “holistic” approach to the building of a mining haul road which included noting cumulative and individual impacts of the proposed Eagle Mine, their Humboldt Mill processing plant and any future mining ventures that may utilize the roadway.

2. That Kennecott did not meet the letter nor intent of the law and did not apply the necessary science or diligence to prove their case in the development of this road through this virtually ‘roadless’ region. They cited a lack of good comparative analysis of alternative routes, wetlands mitigation projects that do not meet legal criteria and an overall deficiency in the wetlands permit application itself.

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

Woodland Rd Permit Hearing Scheduled

elimywhit — Mon, 21 Dec 2009 18:13:04 +0000

The MDEQ announced a public hearing to review the permit to build Kennecott’s south haul road, known now as the Woodland Road, from the Yellow Dog Plains to Humboldt Township. The hearing will be held on February 10, 2009 at 7pm at Westwood High School (300 Westwood Drive, Ishpeming, MI 49849). The company plans to cross 8 waterways including the Yellow Dog River, Mulligan Creek, Dead River, Middle Branch Escanaba River, Wildcat Canyon, and more. According to the company, 38 acres of wetlands will be removed. There are several ways to access the information submitted by the company.
1. The Peter White Public Library has the application on file.
2. Visit http://www.michigan.gov/deq/0,1607,7-135-3307_29692_24403—,00.html for the full application. Scroll down to What’s New and click on Woodland Road Permit Application.
3. Visit http://www.deq.state.mi.us/lwmpnh/default.asp?PermitNo=09520086 for notice of hearings and summary of application. Comments can also be emailed by using this link.
4. Use this document, Woodland_Road_Analysis[1], to help understand why the MDEQ should not approve these permit and formulate comments for the hearing.

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

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.

Judge’s decision on mining application made

elimywhit — Wed, 19 Aug 2009 14:47:08 +0000

FOR IMMEDIATE RELEASE
August 18, 2009

Contact: Michelle Halley, NWF – 906-361-0520

Mine opponents find both good and bad in judge’s decision
NWF and partners pleased with Eagle Rock protection, will appeal remainder of decision

MARQUETTE, MICH – Administrative Law Judge Richard Patterson announced today that he will uphold permits issued to Kennecott Eagle Minerals Company by the Michigan Department of Environmental Quality in 2007, with one critical exception that could nix the project or at the very least require a major overhaul of the mining plan. Nonetheless, the petitioners in the case will likely appeal the portions of the permits not struck down or modified. Attorneys say the contested case record provides a remarkably strong basis for appeal.

In his decision, Patterson recommended moving the mine’s portal, or entryway, from Eagle Rock, a sacred outcropping with spiritual importance to local Native American tribes. Patterson stated that Kennecott and the MDEQ “did not properly address the impact on the sacred rock outcrop known as Eagle Rock” and suggested moving the mine’s entry portal away from the rock.

Michelle Halley, attorney for the National Wildlife Federation, said “Kennecott has claimed for years that Eagle Rock is the only possible location for the mine’s portal. Without that option, this mine could be halted or, at the very least, require a complete overhaul of the mining plan. We are pleased that Eagle Rock will be protected, assuming MDEQ Director Steve Chester follows the judge’s recommendations on this issue.”

Patterson’s decision comes in the form of a recommendation to Chester. According to law, the parties in the case will have an opportunity to file exceptions to the judge’s recommendations by submitting a written document outlining those components with which they agree or disagree. Once Chester has received the exceptions, he will issue his final decision. Chester is not obligated to follow Patterson’s recommendations.

“While the protection of Eagle Rock is fantastic, it doesn’t address most of the technical deficiencies we outlined in the course of the contested case. Therefore we will almost certainly appeal the final agency decision should Director Chester adopt the judge’s recommendations on the remaining issues,” Halley stated.

The decision is the latest development in a series of legal challenges to prevent a foreign mining company with a deeply troubled environmental and human rights history from blasting a risky metallic sulfide mine beneath the Salmon Trout River in the central Upper Peninsula. Petitioners in the case are the Keweenaw Bay Indian Community, Huron Mountain Club, National Wildlife Federation and Yellow Dog Watershed Preserve.

In most areas, the judge’s recommendations failed to address issues that are important to protect workers and the environment. Halley, who said she is still reviewing all of the specifics of the decision, went on to say that NWF will address its concerns in written exceptions presented to the MDEQ and ultimately through appealing Chester’s final decision if it comes to that.

“We put on a solid case and created a factual record that will support appealing the remainder of the permit provisions that Judge Patterson left unaddressed. Many of those are too important to be overlooked and if they should remain unaddressed by Director Chester, we are prepared to appeal,” Halley stated.

“This ruling does not change our firm belief that the decision to permit this mine violates the law,” said Andy Buchsbaum, regional executive director of the National Wildlife Federation’s Great Lakes Regional Center. “We remain committed to protecting the people, economy and wildlife of Michigan from this risky type of mine that has proven deadly to rivers, streams and communities in other states.”

During oral arguments in the summer of 2008, NWF and its partners presented more than two dozen witnesses in a variety of technical disciplines. At the time, Halley remarked “the testimony in this case has done nothing but demonstrate Kennecott’s substandard job in preparing the application and the slipshod review by the DEQ. Testimony at the hearing from Kennecott, MDEQ and our experts proves time and time again that the proposed mine is unsafe for humans and the environment.”

Perhaps most stunning was the admission of MDEQ employee Joe Maki, leader of the mining review team that ultimately recommended approval of the mining permit. Asked under oath if he had applied mining law Part 632’s critical standard which states that the company must prove it will not pollute, impair, or destroy natural resources, Maki stated simply “I did not.” Asked if the mining review team had applied that standard, he said “I don’t believe so, no.”

Should MDEQ Director Chester act on Patterson’s recommendation regarding Eagle Rock, Kennecott will remain stymied and cannot conduct mining operations until a new mining plan is submitted and approved. In addition, the U.S. Environmental Protection Agency must still decide whether the company could obtain necessary federal permits.

Humboldt Decision Passes Deadline

admin — Fri, 19 Jun 2009 19:47:24 +0000

The Humboldt Mill proposed decision has passed the dates set by the DEQ and below is DEQ Jim Sygo’s response to Michelle Halley’s query as to what is happening.

“There was a need for additional information as a result of the staff’s review and that has now been requested. Until that information is provided, a preliminary decision will not be provided. Some of the information to be provided may also necessitate contractor expertise which may also take some time to line up. Finally we do have a request form Kennecott to align the hearings for the pending permit reviews. This may result in any action being extended until the review of the NPDES application is completed.”

Currently there is no action on the Yellow Dog Plains – exploration activity or otherwise. There has been no word from the DEQ Administrative court process.

The Public Trust suit with the DNR appeared before Judge Manderfield last week June 11th. We were asking for an evidentiary trial and Kennecott and the State were looking to dismiss the case in total. She did not rule from the bench and will be giving a written ruling at an undisclosed time.