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SWUP’s Final Comments on Aquila Resources Mining Application

Save the Wild U.P., along with many regional environmental organizations and The Menominee Tribal government submitted extensive public comment on Aquila Resources mining application in February, 2016, including a red-flag review completed by the Center for Science in Public Participation. The Department of Environmental Quality (DEQ) received thousands of comments on the dangers posed by an open-pit sulfide mine on the banks of the Menominee River; so many in fact, that they sent an extensive list of 197 questions to Aquila Resources requesting answers to issues surrounding financial assurances, water treatment plant design, potential harm to state and federally listed species of plants and animals, to name a few. Aquila responded to these questions, offering explanations and justifications of their original answers in the mining application, but no solutions to the significant issues raised by concerned citizens. Save the Wild U.P. had issue with the fact that the answers provided by Aquila resources were inadequate and that the mining application was never edited or revised to reflect the concerns raised by environmental organizations, Menominee Tribal leaders and the Center for Science in Public Participation, so we submitted further questions and concerns to the DEQ during the most recent public comment period.

Here is an example of some of SWUP’s most pressing concerns regarding the mining application, but you can read them in full by clicking here.

“Save the Wild U.P. strongly objects to the State’s proposed “decision to grant a Mining Permit” to the Aquila Back Forty project in the absence of a publicly reviewable Wetland Permit application—

  • The mine proposal conflicts with federal policy protecting wetlands. Based on a review of the draft Wetland Permit, now rescinded, this mining project will result in the direct destruction of regulated and unregulated wetlands, resulting in the impairment and degradation of surface and groundwater.
  • It would irreversibly harm a globally significant and state-endangered oak-pine savanna area.
  • It would harm endangered, threatened and special concern species, including sturgeon, mussels, the Northern Long-eared Bat, dwarf milkweed and the Pitcher’s thistle.
  • It is not in the public interest, would impair tribal resources, and would result in an uncalculated loss of ecological services.
  • Aquila Back Forty wetlands destruction and NPDES-related water quality impairments will have adverse impacts on freshwater fisheries, aquatic life, wildlife, human health and welfare, environmental justice and special aquatic sites.

We formally request that the Michigan Department of Environmental Quality reject the Aquila Back Forty Mining Permit Application and EIA as misleading and inadequate. We ask that the Michigan Department of Natural Resources reject the proposed land exchange of Escanaba State Forest lands for the Aquila Back Forty project. We further request that the U.S. Environmental Protection Agency veto and the U.S. Army Corps of Engineers deny any Section 404 permit that would allow Aquila Back Forty to degrade the Menominee River and the riparian corridor through industrial wastewater discharges and/or wetlands destruction.

We request specific responses to these comments, submitted November 3, 2016, and to the extensive written comments our organization originally submitted on February 16, 2016.”

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