Save the Wild U.P.’s Photography Contest brought to you by our Fall Interns!

meme-Fellows-actions-GandhiSave the Wild U.P. and their Fall Interns are holding U.P.wide Photography Contest!

Save the Wild U.P.’s (SWUP) Fall Intern Corps will be holding a photography contest that will highlight the unique blend of natural beauty and industrial history of the Upper Peninsula. The theme of the contest is A Sense of Place: Nature, Culture and Industry in the Upper Peninsula.

Community judges will choose winning pieces to appear in a Save the Wild U.P. 2015 calendar. Christine Hinz-Lenzen, Shawn Malone, and Melissa Matuscak will choose winning pieces to appear in a Save the Wild U.P. 2015 calendar in addition to contributing original work.

Judges Melissa Matuscak, Christine Hinz-Lenzen, and Shawn Malone are celebrated artists in the Upper Peninsula. Melissa Matuscak is the curator and director of the DeVos Art Museum at  Northern Michigan University. Christine Hinz-Lenzen is an Assistant Professor at NMU, and her work has been shown across the country and in Nova Scotia. Shawn Malone runs a photography gallery of her work, Lake Superior Photo in downtown Marquette and her work has appeared on NBC, CBS, PBS and FOX

The calendars will feature the winning photographs and will be available for purchase in time for holiday gift-giving. Save the Wild U.P.’s Outreach Coordinator Alexandra Maxwell believes this project “will be a fantastic way to unite the artistic and naturalist communities toward the common goal of protecting our wild places and sources of inspiration.”

Save the Wild U.P.’s Internship program has continuously focused on empowering tomorrow’s grassroots leaders. NMU students design and implement unique projects dedicated to engaging community members as concerned citizens and advocates for economic security and environmental stewardship. A Sense of Place: Nature, Culture and Industry in the Upper Peninsula is led and organized by interns dedicated  to creating community engagement through creative outreach.

The contest is open to all residents of the Upper Peninsula (this means individuals who can claim to live in the U.P. 75% of the time) who would like to submit a photo. Interested photographers can submit up to 5 photos on October 3rd, 2014 at savethewildup.org until November 10, 2014 when the contest closes. The winners will be announced mid-November and will receive a complimentary calendar featuring their photo.

Contest begins on October 3rd and ends on November 10th at 3 pm. Pre-order your calendar to beat the rush! Please send inquiries and orders to info@savethewildup.org

Claudia Schmidt Live at the Orpheum!

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ClaudiaScmidtConcertOct25-FB-bannerLegendary jazz and folk singer Claudia Schmidt will be performing at The Orpheum Theater in Hancock to benefit Save the Wild U.P. and FOLK Friends of the Land of Keweenaw.

Tickets at the door or in advance by credit card by calling (906) 485-5100.

Join our Facebook event for updates!

fall-speaker-seriesCheck out our Fall Speaker Series! First up:

Monday November 3rd, 7 pm at the Lydia Olson Library

Relatives or Resources? Mining, Native Activism, and the Northwoods

Please join Save the Wild U.P. and Aimee Cree Dunn of NMU’s Center for Native Studies on Monday, November 3rd at 7 pm in the Lydia Olson Library, room 326. Aimee’s presentation will explore how cultural differences shape the ideologies of industrial mining and the Native activism that opposes this activity in the Northwoods. Are the inhabitants with whom we share this land relatives…or are they merely resources to be exploited as profitably as possible?

Monday November 10th, 7pm at Lydia Olson Library, Room 224

Rev. Jon Magnuson on faith-based advocacy
As part of Save the Wild U.P.’s “Walks and Talks” educational series, Rev. Jon Magnuson will speak on faith-based advocacy, including working with Concerned Clergy of Marquette, on Monday, November 10th, 7 pm, room 224 of Olson Library on NMU’s campus in Marquette.

 

Now seeking Winter Intern Corps Members!

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Do you want to save the wild U.P.? Apply today to be an Intern Corps Member to join Team SWUP starting in the Winter 2014 NMU school semester.

Save the Wild U.P. is at the forefront of protecting our environment and unique culture while promoting sustainable economies. We’re calling for a federal corruption investigation of state mining regulators, tracking new mining developments, educating the public on the hazards of sulfide mining — and hosting free hikes, picnics, concerts and more to celebrate the wonderful wild U.P.!

Join us in L’Anse Feb. 22nd!

We’re delighted to host an informational (and free!) Open House at Java by the Bay in L’Anse, Michigan on Saturday, February 22nd 4-6 pm.

Please come on out to meet SWUP President Kathleen Heideman, SWUP Adviser (and former federal oil regulator) Jeffery Loman, and SWUP Executive Director Alexandra Thebert. They’ll be answering your questions, talking about our plans to protect our lakes, lands, and communities in 2014 — and how you can get involved!

Visit our Facebook event page for more information!

Economist presents results of copper mining study

The Daily Mining Gazette | November 6, 2013
By Garrett Neese  - DMG writer (gneese@mininggazette.com)

HOUGHTON – Despite the economic benefits of mining, the instability and other drawbacks mean the western Upper Peninsula is better off looking elsewhere for prosperity.

That conclusion was reached by Thomas Power, who presented the results of a recent study on the economic impact of copper mining Tuesday night in the Upper Peninsula. Power, a research professor and former economics department chair at the University of Montana, prepared the report for Friends of the Land of Keweenaw, an environmental advocacy organization.

Power appeared at Michigan Technological University Tuesday as part of its Green Lecture Series.

Garrett Neese/Daily Mining Gazette
Thomas Power, a research professor and former economics department chair at the University of Montana, delivers his talk “The Economic Anomaly of Mining: Treasure and Tears” at Michigan Technological University Tuesday night.

In his report, he argues the western U.P. should concentrate on “economic gardening” – supporting start-up and existing businesses – and protecting and enhancing environmental amenities and other “quality of life” assets.

Power said he doesn’t have any animosity toward mining. He came from a metal mining family, and spent the first 18 years of his life falling asleep to the “soft thump” of the Bay View Rolling Mill in Milwaukee. But in many cases, the drawbacks of mining outweigh the positives.

Mining grew popular because of some very real economic benefits: the ability to extract valuable minerals, the high wages for workers – at times, averaging 40 percent higher the average working wage – and the tax revenues for municipalities.

However, any positive impact is tempered by instability, Power said – not just the familiar boom-bust trajectory, but the “flicker.” That occurs as prices in the international metal markets fluctuate, affecting the mine’s profitability. In turn, the mines compensate by reducing the labor force.

“It’s one thing to talk about high wages, but if the high wages are unreliable, the impact of those high wages on the local economy is going to be different than wages people think that they can count on,” Power said.

Technological advances have made mineral extraction more feasible in spots. But the increase in productivity has also reduced the number of employees neede. From 22 workers in 1970, the number needed to produce a thousand megatons dropped to six in 2004, rebounding slightly for unknown reasons to 10 now.

Because the mining job paid better than most of the alternatives laid-off miners are likely to find, they’re more likely to stay around the area and hope to be rehired, Power said.

“They hang on, hoping to be rehired,” he said. “Instead, what they see is more people being laid off.”

The economic benefits to mining are often least felt in the immediate area. Because of their high wages, miners can afford to live in more upscale areas. Often, they don’t want to live near the mine, where environmental degradation or the end of the mine can hurt property values. That potential for instability also discourages investment in local infrastructure, such as schools.

Power didn’t call for an end to mining, but said residents should apply the same kind of cost-benefit thinking mining companies use when they approach projects.

“We have to make choices, and we have to make choices because there are costs as well as benefits,” he said. “What citizens have to do, from a public interest point of view, is to weigh the clear economic benefits associated with mining, but also recognize the potential cost to the community, then make their decision and urge their representatives in government to do the same thing.”

William Keith of Houghton said he hadn’t known miners would commute so far for work.

“I thought it was an engaging presentation,” he said.

Permalink: http://www.mininggazette.com/page/content.detail/id/531850/Economist-presents-results-of-copper-mining-study.html?nav=5006

Full report available at http://www.folkminingeducation.info/wp-content/uploads/2013/07/Minings-Economic-Impact-on-Western-UP1.pdf

*Sold Out* Winter Gala Dec. 7th with The Terminal Orchestra and John Stauber

Join us on Saturday, December 7th beginning at 7 p.m. for an amazing evening celebrating the wild U.P. at the Marquette Federation of Women’s Clubs.

It’s been an amazing year and we’re honored to celebrate with The Terminal Orchestra, a eclectic collection of strings, percussion and more of contemporary classical musings that capture the U.P.’s unique beauty.

John Stauber, author of “Toxic Sludge is Good for You,” joins us as our keynote speaker to inspire and inform a new year ahead. Author of multiple books and founder and former director of Center for Media and Democracy, John first came to the Upper Peninsula in the 80s as an activist, but became active on mining issues following a tour of cave-in grounds in Negaunee and Ishpeming.

With a curated locally-inspired silent auction of art and experiences, hand-selected wines, and hors d’oeuvres featuring local goods, this is an event not to be missed.

Buy your tickets today to reserve your spot for our biggest jubilee yet! All proceeds will kick off our 2014 programs protecting the U.P.’s communities and environment from the hazards of sulfide mining.

To purchase tickets, just click here and then on Contribute on the right and then select how many and you’ll be prompted to enter your credit card number. If you have any questions just call us at (906) 662-9987 or email info@savethewildup.org.

Kick-off celebration of U.P.’s Trap Hills huge success

BERGLAND — On Sunday, August 18th, the Trap Hills Conservation Alliance (THCA) and Save the Wild U.P. (SWUP) hosted an inaugural day of events celebrating the Trap Hills, a rarely-visited scenic area featuring stunning views, at the Bergland Township Park.

Participants traveled from places as near as Wakefield and as far as Big Bay, Houghton, and Duluth for the event. Nearly 30 hikers, ages 5 and up, enjoyed guided hikes on the North Country Trail and the Cascade Falls Trails north of Bergland. Wisconsin folksinger Skip Jones played tunes inspired by nature and labor history as hikers enjoyed a free picnic lunch from local businesses.

Nona Trealoff of SoulsShine in Hudson, Wisc. led a blessings ceremony on the shore of Lake Gogebic prior to the hike. Said Margaret Comfort, president of SWUP, “The Trap Hills are indeed a blessing to behold! We are proud to host this free day of events in conjunction with the Trap Hills Conservation Alliance, as we seek to educate the public and introduce them to the splendor of this truly magical place.”

Two hikes, led by botanist Steve Garske and geologist and retired Ottawa National
Forest wilderness ranger Doug Welker, featured 40-mile views from the edge of a spectacular rock bluff, a trip to Cascade Falls, and a vista that included a 350-foot sheer cliff, the highest in Michigan.

As Welker noted, the Trap Hills are perhaps the most spectacular and fascinating of Michigan’s largely-undiscovered secrets. With high rock bluffs, seemingly endless views, remote and relatively pristine areas, Wild and Scenic Rivers, 50 miles of the North Country National Scenic Trail (NCT), numerous other trails including the Pioneer Multi-use Motorized Trail, and a long historic and prehistoric copper mining history (interpreted at Old Victoria and in area museums), it’s hard to find such a concentration of special places and recreational opportunities anywhere.

“That’s why some of us are working to get the Trap Hills designated as a federal National Recreation Area (NRA), to protect special areas, increase and promote recreational opportunities, and bring more recreation-related dollars into the local economy. Done right, it could be a win-win opportunity for the variety of diverse groups who would have a stake in both developing and protecting this area,” said Welker.

Steve Garske, local botanist and board member of Save the Wild U.P., said, “A Trap Hills National Recreation Area would help protect the beautiful Western U.P. and contribute to a sustainable economy for the region as well.”

SWUP Executive Director Alexandra Thebert agreed. “Many people who live just a few minutes away have never known about the Trap Hills. We’re dedicated to protecting the Trap Hills for future generations — and glad this will include even more hikes, cook-outs, and educational events!”

Assistant Surveyor and SWUP Advisory Board Member Richard Sloat added, “I’ve lived in the Western U.P most of my life, I have visited the Porkies but I had no idea an area of such beauty and geologic diversity as the Trap Hills area existed. Why? Nobody told me.”

Doug Welker can be reached at dwelker@up.net for more information on the North Country Trail or to get involved in crafting a National Recreation Area proposal.

A primer on the Trap Hills is available at http:// www.northcountrytrail.org/pwf/traphills.htm

Save the Wild U.P. is a grassroots organization focused on preserving the U.P.’s unique cultural and environmental resources. Visit SavetheWildUP.org for more information and to get involved.

“Nonprofit” jointly created by regulators and industry execs heads to court Thursday

MARQUETTE — On Thursday, a nonprofit corporation set up by Michigan Department of Environmental Quality (MDEQ) regulators and mining industry executives, the Northern Michigan Geologic Repository Association (NMGRA), will appear in Circuit Court in Marquette claiming that it is not a public body and therefore is not subject to public scrutiny under the Freedom of Information Act in response to requests for financial information.

In 2008 high-ranking State officials directly charged with enforcing mining safety and environmental regulations formed the Northern Michigan Geologic Repository Association as a ‘non-profit’ corporation while Rio Tinto was in the process of planning and constructing Eagle Mine. The NMGRA Board of Directors features Rio Tinto and Bitterroot Resources mining executives in addition to DEQ officials.

The Northern Michigan Geologic Repository Association is intended to fund and operate a “core shed” — a warehouse dedicated to storing mineral core samples which is a function of the Office of Geologic Survey according to Michigan law. As a nonprofit 501(c)3 organization, the contributions the Northern Michigan Geologic Repository received from individuals and corporations, including over $32,000 from Rio Tinto in 2012, are fully tax-deductible.

While Rio Tinto executives assisted in the formation of the NMGRA with state regulators, Rio Tinto constructed a 10 megawatt substation — 400% the power previously existing in Big Bay — to electrify a core shed adjacent to the Eagle Mine site. Once the power infrastructure had been installed, the core shed was removed, and Eagle Mine permit was granted a minor modification without due process or public participation.

Jana Mathieu, the attorney suing NMGRA to disclose their financial information said: “The murky facts surrounding the Northern Michigan Geologic Repository Association exemplify the need for the Freedom of Information Act and the purpose for which it was enacted: to shine a light on the actions of government officials which directly impact the citizens whom they purport to represent.”

Local attorney Michelle Halley, who challenged the Eagle Mine’s permits in court, says the public deserves to better understand the NMGRA’s funding. “The MDEQ’s partnership with corporations demonstrates its inappropriate relationship with the mining industry. The MDEQ’s motto of ‘the industry is our customer and we trust them’ is plain wrong. MDEQ’s job is to regulate the industry, not form partnerships with them — they’ve got it wrong, again,” said Halley.

“It can’t be overstressed how valuable these rock core samples are — to both the mining industry and the State of Michigan. The cores are key to understanding the safety of the proposed mine, the valuation of the proposed mine, and the toxic cocktail of heavy metals that will soon be raining down on Marquette County, when the mine’s exhaust vent stack begins spewing unfiltered mining dust into our clean air. Further, as the TWS is currently permitted, Eagle Mine will discharge over 500,000 gallons of water that will flow into the East Branch of the Salmon Trout River. That’s why, from the beginning, public access to information has been denied, and the core samples have been kept from scrutiny,” said Kathleen Heideman, Save the Wild U.P. vice president.

“The collaboration with mining executives for the creation of a non-profit in order to accomplish state mandates by a high level state of Michigan manager is classic regulatory capture: when an agency is captured to operate for the benefit of a private entity and no longer functions in the state’s best interests. We must end this regulatory fiasco,” said Jeffery Loman, former federal oil regulator and Keweenaw Bay Indian Community tribal member.

“I find it interesting that NMGRA would bring in the same high-powered downstate law firm on a simple Freedom of Information Act issue that Rio Tinto hired to run interference for the MDEQ in the Concerned Citizens of Big Bay’s administrative law case over the permitting of electric lines for Eagle Mine. It almost makes you think they have something to hide,” said Gene Champagne of Concerned Citizens of Big Bay, a grassroots group which has been active in monitoring regulatory oversight of Part 632, the legislation governing non-ferrous mining in Michigan.

“It’s in the best interests of Michigan taxpayers and workers that state regulators are doing their jobs of watching the mining industry, not holding hands with its executives. That is why we are also calling for a federal investigation of this so-called nonprofit,” said Margaret Comfort, president of Save the Wild U.P.

On June 8th, Save the Wild U.P. joined with Concerned Citizens of Big Bay and others calling for a federal corruption investigation of the mining industry and Michigan Department of Environmental Quality. Save the Wild U.P. is a grassroots environmental organization dedicated to the preservation of the Upper Peninsula of Michigan’s unique cultural and environmental resources.

Citizens demand federal investigation of collusion between state regulators and mining industry

By Michele Bourdieu, with information from a Save the Wild U.P. press release

Concerned citizens demonstrate near the Michigan Department of Environmental Quality (DEQ) Upper Peninsula office outside Marquette with signs calling for a Department of Justice investigation of the alleged “non-profit” Northern Michigan Geologic Repository Association (NMGRA), whose board members have included mining company executives and state regulating agency officials. (Photos © Sally Western and courtesy Save the Wild U.P. unless otherwise indicated.)

MARQUETTE –  Local residents, including KBIC tribal members, Concerned Citizens of Big Bay, and Save the Wild U.P., rallied at a joint press conference on Saturday, June 8, 2013, calling for a corruption investigation related to activities of an unusual “non-profit” corporation, the Northern Michigan Geologic Repository Association (NMGRA), based in Marquette County.

Nearly two dozen citizens spent that Saturday afternoon in the Department of Environmental Quality (DEQ) Upper Peninsula office parking lot in Gwinn, holding hand-lettered signs that outlined corruption concerns, speaking with locals driving by, participating in a question-and-answer session, and reviewing what they call “the murky facts surrounding NMGRA.”

Signs like this one at the June 8 demonstration refer to NMGRA’s refusal to disclose financial information requested through the Freedom of Information Act (FOIA). Pictured here are, from left, Rich Sloat of Iron River (Mich.); Gene Champagne of Concerned Citizens of Big Bay; Kathleen Heideman, Save the Wild U.P. Board vice president; and Alexandra Thebert, Save the Wild U.P. executive director.

In 2008, while Rio Tinto was in the process of planning and constructing the mine at Eagle Rock, high-ranking state officials directly charged with enforcing mining safety and environmental regulations formed the Northern Michigan Geologic Repository Association as a “non-profit” corporation, whose Board of Directors featured Rio Tinto and Bitterroot Resources mining executives alongside DEQ and DNR officials. At the same time, according to Save the Wild U.P. and other environmental groups, these state officials were failing to enforce environmental and safety regulations enacted to protect the health and well-being of U.P. citizens.

Jeffery Loman, Keweenaw Bay Indian Community (KBIC) tribal member and former federal oil regulator, led the group on a walking tour of a large cinder block warehouse building located nearby, identified by signage as a “State Warehouse.” The property is actually leased from the Marquette County Economic Development Corporation by the nonprofit Northern Michigan Geologic Repository Association — and serves as its core shed, housing valuable core samples. Local workers report seeing only Rio Tinto vehicles accessing the warehouse.

This “State Warehouse” building at the former K.I. Sawyer Air Force Base, near the Upper Peninsula DEQ office outside Marquette, serves as a core shed for the Northern Michigan Geologic Repository Association (NMGRA).

According to Gene Champagne of Concerned Citizens of Big Bay, the warehouse building is a great place for hiding something.

“It looks totally neglected. Here’s this big building covered with peeling paint, surrounded by invasive knapweed and erosion gullies — anyone driving by would assume it was a giant meth lab, not a top-secret core shed set up by mining executives and controlled by the Michigan DEQ,” Champagne noted. “Peeking in the windows, you can see an emergency list of contact people that includes not  only police agencies and  hospitals, but Kennecott/Rio Tinto employees, and DEQ officials.”

Near the Upper Peninsula District Office of the Department of Environmental Quality (DEQ) in Gwinn, this map taped to the wall of a large warehouse labels the facility a “State Warehouse.” Core samples are stored within, but the DEQ claims no further association with NMGRA, the non-profit that has leased the warehouse and is attempting to raise money to make it a state geologic repository.

Champagne says citizens can FOIA information on this for a reason.

“We need to be the watchdog of government to ensure that our business is conducted in the light of day and in the best interest of the people, not special interest,” he explains. “Our elected local, state, and federal representatives and officials who all decry this type of secrecy in government need to demand action and ask questions of the DEQ.”*

DEQ: State not part of NMGRA but new repository needed

Despite the “State Warehouse” sign, though, the warehouse is not (yet) an official state repository, according to at least one DEQ official.

“It’s not officially part of the state at all,” said Melanie Humphrey, geological technician in the Michigan DEQ Office of Oil, Gas and Minerals, Upper Peninsula District. “NMGRA is hoping to make it a geological repository for core, rock samples and records that have geological information.”

Humphrey is the contact person for anyone who wishes to visit the existing geologic repository in Harvey, near Marquette. That facility is full to capacity — thus the need for a larger storage area such as the warehouse in Gwinn. At present the repository in Harvey receives visits from the U.S. Geological Survey, graduate students, archaeologists and other persons interested in studying the core and rock samples. The repository serves as a library. Anyone can come and visit the facility in Harvey by making an appointment with Humphrey, who will open it for visitors.**

“I think it would be very nice to have a research center up here,” Humphrey said.

The Geologic Repository (there is a second one in Kalamazoo) is needed because of a law that requires industries (oil, gas and mining) to give the state core samples or related documents left over from exploration on state land or land with state mineral rights, Humphrey explained. If the drilling is on private property the company is not required to do this.

“It could be valuable information,” Humphrey noted.

While NMGRA was formerly associated with the DNR, which leases surface state land, and the DEQ, which regulates it, apparently the non-profit organization is now separate from the state but trying to raise money to pay for the warehouse in Gwinn with the idea of making it a new state repository. Humphrey described it as “a group of people that see the value of having this repository for the state to preserve geological information.”

“We wouldn’t get core from an active mine, but once the mine closes the leftover core could be donated to the repository,” Humphrey added. “The core that we have at our repository in Harvey is all open-record.”

Hal Fitch, state geologist and chief of the DEQ Office of Oil, Gas, and Minerals in Lansing, explained that the repository fulfills a function required by Part 601 of NREPA (Natural Resources Environmental Protection Act 451), which states, “The Michigan geological survey shall provide for the collection and conservation of cores, samples, and specimens for the illustration of every division of the geology and mineralogy of this state, to the extent that facilities and funds are available to do so.”***

Fitch was a member of the NMGRA board of directors when the non-profit was established in 2008 but is no longer associated with it, he said.

Fitch told Keweenaw Now he is aware of the community group’s intention to request a Department of Justice investigation of NMGRA.

“I would say go right ahead because there’s nothing improper (about the non-profit), and at the time we (the DEQ and the DNR, Department of Natural Resources) were involved there was nothing improper about our involvement,” Fitch said.

Because of the Part 601 requirement and the fact that he was unable to secure state funding for a suitable repository to continue to collect and preserve core samples and related data, Fitch was involved in establishing NMGRA in order to provide for the future support of a repository, he explained.

“We were looking for people who utilized the core repository to support the concept,” he said. “We didn’t get to the point where we were soliciting funding while we were members.”

Geologic repositories are a function of the Geological Survey. In 2008 Fitch’s department, the Office of Geological Survey, was the Geological Survey established by Part 601. In 2011 Part 601 was revised, and the Geological Survey was established within Western Michigan University. While that is a state university, the Geological Survey is no longer part of the DEQ, Fitch explained.

Fitch was unable to say exactly when he and the DNR representative on the NMGRA board, Milton A. Gere, Jr., who is now retired, left NMGRA; but it was before 2011, he noted.

“I never contemplated seeking funding from an outside source, such as industry, for the state of Michigan or for the association (NMGRA) during the time I was a member of it,” Fitch added. “The association would be a separate entity that would receive funding later. That was the concept.”

Fitch noted he just wanted to get the association established. He said he believed industry, academia or grant sources might fund NMGRA later, when he would not be a part of it.

He also said there was no connection between NMGRA and the issuing of mining permits.

“No mining company or outside source offered any money to NMGRA while I was on the board of it,” Fitch said.

An Oct. 28, 2008, article in the Lake Superior Mining News, states that Hal Fitch (at that time director of the DEQ’s Office of Geological Survey, or OGS) formed a 501(c)(3) non-profit corporation with Kennecott and Bitterroot Resources, “registering the non-profit under the DEQ’s address with himself as the primary contact.”

The article also notes, “In an October 2007 e-mail, Fitch acknowledged ‘that there would be a problem with a state agency forming a corporation’ but ‘came up with an innovative way to address the problem: formation of a non-profit corporation that is not a part of any state agency, but in which OGS is a participating member.’”****

Electric infrastructure for Eagle Mine “core shed” installed without permit 

In October 2008, Rio Tinto claimed it needed a 10-megawatt substation and miles of private power lines to electrify a core shed adjacent to the Eagle Mine site.

This was approved by Jim Sygo, DEQ deputy director, in a letter to Rio Tinto (Kennecott Eagle Minerals, or KEM) dated Nov. 7, 2008, in which he says,”The DEQ considers the planned core shed to be part of KEM continuing exploration program. It does not constitute nonferrous metallic mineral mining or reclamation and therefore is not subject to a mining permit under Part 632, Nonferrous Metallic Mineral Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.”

This October 2010 photo shows power lines being run along the AAA Road leading to the Eagle Mine without a request from (Rio Tinto’s) Kennecott Eagle Minerals Co. (KEMC) for an amendment to their mining permit for this infrastructure. (File photo byKeweenaw Now)

However, once the power had been installed, the core shed was deemed unnecessary, and Eagle Mine was electrified instead — a bait-switch move that sidestepped permitting, due process, and public participation.

“This core shed symbolizes Rio Tinto’s end-run around Part 632, the legislation governing non-ferrous mining in Michigan,” said Loman.

Mining companies fund core shed for state 

During recent Rio Tinto community forums in Marquette and in L’Anse, Loman asked Matt Johnson, Rio Tinto Eagle Mine government and community affairs manager, about funding for the NMGRA non-profit and questioned its report of an annual income of less than $25,000 (an amount that exempts them from reporting financial information) when it has signed a 5-year lease totaling $400,000 for the core shed in Gwinn. The non-profit receives tax-deductible donations but will not reveal information about the donors or amounts.*

During the May 15, 2013, Rio Tinto Community Forum in L’Anse, Michigan, Jeffery Loman, Keweenaw Bay Indian Community member and former regulator, asks Rio Tinto’s Matt Johnson questions concerning the non-profit (NMGRA), FOIA requests about it that were unanswered, and the 14th Amendment. (Videos by Keweenaw Now)

Johnson later commented on Loman’s questions. In the following video clip, Johnson says state officials are not members of the NMGRA non-profit:

Matt Johnson, Rio Tinto Eagle Mine government and community affairs manager, speaks about NMGRA, the non-profit Northern Michigan Geologic Repository Association, in response to questions from Jeffery Loman at the May 15, 2013, Rio Tinto community forum in L’Anse.
“Their continual denial of access to information about their core shed (warehouse near the DEQ office) is a violation of the 14th Amendment,” Loman said. “Something smells bad here. Why create a private non-profit to perform a function of the state of Michigan? The circumstances surrounding these dealings between state officials and mining companies look like a bad rash on this administration,” he added. “Sunshine is the best disinfectant. Hopefully Governor Snyder will agree.”

Mary Ellen Krieg, a resident of Big Bay, called the situation “a barrel of rotten apples.”

No response to FOIA requests for facts about NMGRA

Attorney Jana Mathieu, who represents the Sugar Law Center for Economic and Social Justice, has sent a FOIA (Freedom of Information Act) request for financial information to NMGRA’s registered agent, Ron Greenlee, a Marquette attorney; but Greenlee has repeatedly failed to respond. Mathieu eventually served him with a lawsuit for violation of the Freedom of Information Act, to which he also has refused to respond.

In her Feb. 11, 2013, FOIA request sent to Greenlee, Mathieu asked for any and all of the following: year-end reports on activities, full annual budgets and/or year-end financial statements, audits of finances, year-end reports on assets and liabilities, reports on equity ownership, statements regarding tax-exempt status, tax statements and filings, and lists of the board of directors and/or officers for three entities — the Northern Michigan Geologic Repository Association, the Northern Michigan Geology Data Library, and the Northern Michigan Geological Repository.

“The citizens of Michigan have consistently been denied access to information with regard to this so-called non-profit,” Mathieu said. “Today we are pulling back the veil of secrecy.”

Demonstrating for access to information near the Upper Peninsula DEQ office on June 8 are, from left, Jana Mathieu, attorney; Jeffery Loman, KBIC member and former federal regulator, Kathleen Heideman, Save the Wild U.P. board vice president; and Gene Champagne of Concerned Citizens of Big Bay.

NMGRA is a public body under the Freedom of Information Act because the DEQ and Michigan Office of Geological Survey were key players in the formation of the non-profit, Mathieu explained.

The non-profit status of NMGRA allows mining companies to make tax-deductible donations to state (public) agencies, she noted.

“They’re donating this money to the state regulators who are responsible for regulating their mines and enforcing safety and environmental regulations against these mining companies,” Mathieu said.

Loman agreed: “I just think it’s an extremely bad way to do government business — to form a non-profit with mining companies that the state is supposed to regulate,” he added.

Mathieu noted the question becomes “What are these mining companies getting from this?”

“That’s why we’re calling for an investigation by the Department of Justice of this non-profit,” Mathieu said. “There’s a strong argument that it does violate the Michigan Ethics Act.”*****

Attorney Michelle Halley of Marquette said, “As things stand, there’s no plan for any independent review of the quantity, content and grade of the ore removed at Eagle Mine. Essentially, that means the state is allowing Rio Tinto to self-report its income which serves as the basis for the taxes due the state. The DEQ’s Hal Fitch will just take Rio Tinto’s word for it; and in turn, Hal Fitch wants every taxpayer in Michigan to take his word for it.”

For several years Halley represented the National Wildlife Federation in a contested case against the DEQ and Kennecott (Rio Tinto), challenging the mining permit for the Eagle Mine. The case is now at the Michigan Court of Appeals. Other parties challenging the permit in the case are the Keweenaw Bay Indian Community, the Yellow Dog Watershed Preserve and the Huron Mountain Club.

“It was through the contested case, for which I was one of the attorneys, that we found out about this non-profit organization,” Halley said. “I support citizens finding out the truth and state officials being accountable for accepting money from private industry, especially when it’s the same state officials who make the permitting recommendations for those same companies.”

“There are serious concerns about the connections between the mining industry and the regulatory role of the state,” agrees Alexandra Thebert, executive director of Save the Wild U.P. “In the best interest of all Michiganders, we are calling for the Department of Justice to investigate.”

Projected sale of Eagle Project to Lundin Mining Corporation would not alter plans for investigation

The news (released last week) about Rio Tinto’s plans to sell the Eagle Project to the Lundin Mining Corporation does not change the plans by Save the Wild U.P. and other groups to call for a Department of Justice (DOJ) investigation.

“No change here — same mine, same state permits and lousy state regulators,” says Jeffery Loman. “If Rio Tinto executives violated the law, selling Eagle Mine isn’t going to get them off the hook.”

Gene Champagne agreed: “As far as I am concerned, it does not change my call for a DOJ investigation. The NMGRA is going nowhere and neither is RT. They still have large landholdings and mineral leases in the UP. RT is just moving on to another deposit in the UP and leaving Lundin with the mess they started at Eagle.”

In response to a question from Keweenaw Now, Rio Tinto had little to say about the potential investigation.

“We are aware of the recent allegations made by a group of community members,” said Dan Blondeau, director of communications and media relations for Rio Tinto Eagle Mine.

Concerning Rio Tinto’s future plans in the region following the sale of the Eagle Project, Blondeau said, “The binding agreement between Rio Tinto and Lundin Mining Corporation is for Eagle Mine — which includes the mine, mill, and selected property  adjacent to the mine. Rio Tinto controls roughly 400,000 acres of mineral rights in the UP and is assessing future plans with other exploration efforts.”

Notes:

Click here for an overview of NMGRA’s non-profit status.

** Click here for the DEQ page on Michigan’s two geological repositories. The page gives contact information for Melanie Humphrey and links to information on the repositories.

*** See Part 601, Section 324.60105: Michigan geological survey; collection and conservation of cores, samples, and specimens.

**** See the Oct. 28, 2008, article, “DEQ and Kennecott Form a Non-Profit Corporation,” in Lake Superior Mining News.

***** Click here to learn about the Michigan Ethics Act.