Court Rules Flambeau ‘Model Mine’ Violated Clean Water Act

Court Rules Flambeau ‘Model Mine’ Violated Clean Water Act

The Flambeau Mine near Ladysmith, WI has a long history of controversy due, in part, to the proximity of the mine to the Flambeau River. This photo was taken in September 1994, when heavy rains   caused flooding at the mine site.

 

State Officials Urged to ‘Learn from Flambeau’ and Stop Proposed Mega-Mines in Wisconsin, Minnesota and Michigan

A federal court ruled yesterday that Flambeau Mining Company (FMC) violated the Clean Water Act on numerous occasions by allowing pollution from its Flambeau Mine site, near Ladysmith, Wis., to enter the Flambeau River and a nearby tributary known as Stream C.

The lawsuit was filed early last year by the Wisconsin Resources Protection Council (WRPC), the Center for Biological Diversity, and Laura Gauger. The complaint charged that Flambeau Mining Company (a subsidiary of Kennecott Minerals Company / Rio Tinto) was violating the Clean Water Act by discharging stormwater runoff containing pollutants, including toxic metals like copper and zinc, from a detention basin known as a biofilter. Continue reading

As Residents Fight Back, Sulfide Mining Strikes Again: Copperwood Project

Submitted by Michigan LCV on Wed, 05/09/2012 – 9:18am

by Alicia Prygoski, Special Projects Associate
Although countless Michigan residents have made it clear that they don’t want their pristine natural areas decimated by sulfide mines, the Department of Environmental Quality (DEQ) doesn’t seem to want to listen.

In the same week that the Huron Mountain Club has made headway in opposing the ever-controversial Kennecott Eagle Mine, the DEQ has gone ahead and unleashed another sulfide mine on the Upper Peninsula, giving mining companies the right-of-way instead of considering the voices of the citizens who live there. Continue reading

Mining firm drops out after Wisconsin bill rejected

March 6, 2012

Madison – The state Senate rejected mining legislation on Tuesday, prompting a prominent mining company to say it was abandoning a project after months of often bitter debate that pitted conflicting claims of economic development against environmental protection.

“Senate rejection of the mining reforms . . . sends a clear message that Wisconsin will not welcome iron mining. We get the message,” said a statement from Bill Williams, president of Gogebic Taconite LLC. “(We are) ending plans to invest in a Wisconsin mine.” Continue reading

Citizen Comment: CR 595 is nothing but a Kennecott Haul Road

Letter to the Mining Journal, 2-10-2012

To the Journal editor:

Marquette County Road 595 is being built because of the mine at Eagle Rock. If there were no mine, there would be no road. It is a road for the mine, a haul road.

Kennecott needs to step up to the plate and do what is right, and it is the Michigan Department of Environmental Quality’s job to make them follow the law. Continue reading

DEQ schedules public hearing for proposed CR 595

Tuesday, February 21, 2012, 6:00 – 9:00 p.m

Country Village Convention Center in Ishpeming.

For talking points, go to   http://standfortheland.com/

DEQ officials announced a public hearing to discuss a proposed new road in Marquette County. The Marquette County Road Commission has submitted to the DEQ an application for a series of permits to create Marquette County Road 595, a proposed 21-mile road to connect US-41 with County Road AAA. Read entire press release…120131CountyRoad595(1)-3 Continue reading

Wisconsin Events calling for mining activists!

Wednesday, January 25th, 5:00p, – 7:00pm
BURY THE MINING BILL PROTEST RALLY: at Lady Forward, to of State Street / Capitol Square, Madison, WI — Protest AB-426 aka “The Mining Bill,” and Wetlands Deregulation Bill AB-463. These Bills will deregulate environmental protections and give immunity to mining operations. The bills are also in direct violation of the treaty rights of the tribes whose resources they affect. The bills are themselves illegal.

Continue reading

Hurley, Wisconsin: Hearing today on Mining Bill

Today: Hearing Held on Assembly Mining Bill in Hurley
The Assembly Jobs Committee just announced it will hold an official public hearing on the mining bill, AB 426,  Wednesday, January 11th in Hurley at the Hurley Inn beginning at 10:00 AM.
This will be an important opportunity for residents who live near the proposed Gogebic Taconite mine to voice their opposition to this disastrous legislation that would roll back commonsense environmental protections, silence the voice of the public, and eliminate accountability for mining corporations. Learn more about the bill here. Continue reading

Common Dreams: Utah Doctors Join “Occupy” Movement

Published on Tuesday, December 27, 2011 by CommonDreams.org  http://www.commondreams.org/view/2011/12/27-3

Utah Doctors Join “Occupy” Movement

Taking inspiration from the Occupy Movement, last week a group of doctors and environmental groups in Salt Lake City, Utah announced a law suit against the third largest mining corporation in the world, Rio Tinto, for violating the Clean Air Act in Utah. This is likely the first time ever that physicians have sued industry for harming public health.

Air pollution causes between 1,000 and 2,000 premature deaths every year in Utah. Moreover, medical research in the last ten years has firmly established that air pollution causes the same broad array of diseases well known to result from first and second hand cigarette smoke–strokes, heart attacks, high blood pressure, virtually every kind of lung disease, neurologic diseases like Alzheimer’s, Parkinson’s, loss of intelligence, chromosomal damage, higher rates of diabetes, obesity, adverse birth outcomes and various cancers such as lung cancer, breast cancer and leukemia. Continue reading

Minnesota: Morse town hall overflows for county mining resolution debate

12/26/2011 12:10:00 PM  http://elyecho.com/main.asp?SectionID=2&SubSectionID=2&ArticleID=11748&TM=63988.41
STATE REP. Tom Rukavina talks with Becky Rom during a break at the county board meeting on Tuesday, Dec. 20.

Morse town hall overflows for county mining resolution debate

by Tom Coombe & Nick Wognum

After several hours of testimony Tuesday in a jam-packed Morse Town Hall, the St. Louis County Board went on record in support of copper-nickel mining in northeastern Minnesota.

But the resolution ultimately approved on a 4-3 vote wasn’t as forceful as a measure originally presented the week before by Ely commissioner Mike Forsman.

Commissioners instead resolved to support “the existing open, transparent and comprehensive environmental review and permitting process in place” for various copper-nickel mining projects proposed for the region and supports “the success of these projects,” contingent upon the approval of all federal and state environmental permits.

A more strongly-worded resolution of support stalled at a Dec. 13 meeting in Duluth, and other county business was put aside for more than seven hours Tuesday, when both supporters and opponents of the measure turned out in full force.

As many as 90 people crammed into the Morse Town Hall at times, and dozens more waited outside for a chance to speak or take in the proceedings.

After hearing from more than 50 speakers, most from outside the Ely area, commissioners adopted a resolution that Forsman said was tweaked in part to gain the support of commissioner Steve Raukar of Hibbing.

Raukar joined Forsman, Virginia area commissioner Steve Nelson and Chris Dalberg of Duluth to form a four-member majority. Continue reading

Detroit Free Press 2-part article on U.P Mining

U.P. mines seeing a resurgence as companies hope to cash in

Ruins of the old Quincy Mine in the Keweenaw Peninsula of Michigan, Saturday, Nov. 12, 2011. The Quincy Mining Company was established in 1848, and the city of Hancock developed adter the arrival of  the miners. Copper mining operations stopped in 1945.
Ruins of the old Quincy Mine in the Keweenaw Peninsula of Michigan, Saturday, Nov. 12, 2011. The Quincy Mining Company was established in 1848, and the city of Hancock developed adter the arrival of the miners. Copper mining operations stopped in 1945.

By Tina Lam

Detroit Free Press Staff Writer

PHOTO’s by SUSAN TUSA/Detroit Free Press

It's estimated the Eagle Mine in the U.P. will start extracting nickel and copper in 2013.

It’s estimated the Eagle Mine in the U.P. will start extracting nickel and copper in 2013.
Environmental groups are concerned about the effect mining could have on the Upper Peninsula's abundant nature. They say the state has too few resources to be a proper watchdog. Still, struggling towns view the mines as an answer to their prayers, bringing in much-needed jobs and tax revenue.
Environmental groups are concerned about the effect mining could have on the Upper Peninsula’s abundant nature. They say the state has too few resources to be a proper watchdog. Still, struggling towns view the mines as an answer to their prayers, bringing in much-needed jobs and tax revenue.

Modern uses for some of the metals to be mined in the U.P.

Nickel: Added to stainless steel to prevent corrosion, so it’s found in stainless steel kitchen appliances and pots and pans. Also found in surgical stainless steel, which is easily sterilized, used for medical instruments, some bone implants and body piercing. Used in coins, electronics, rechargeable batteries for laptops and cell phones, and some hybrid car batteries.

Copper: Used in wiring and plumbing. Essential component of the motors, wiring, radiators, connectors, brakes and bearings in cars and trucks. Added to brass to make doorknobs germ-resistant. Coating for U.S. pennies.

Gold: Eighty percent is used in jewelry. Also used as bullion and coins, and in small amounts in computers, cell phones, calculators, GPS devices and televisions.

Silver: Used in jewelry, silverware, photography and coins. Silver ions are used in water purification because they retard the growth of bacteria and algae.

NEW MINES FOR THE UPPER PENINSULA:

Mine: EAGLE

Location: south of Big Bay, central UP

Owner: Rio Tinto and its wholly owned subsidiary, Kennecott Eagle Minerals

Permit: Applied 2006, granted 2007, mine permits have survived two legal challenges

Metals: Nickel, copper

Jobs: 220, including mill

Operation: Mine is under construction, expected to open 2014

Other: Company plans to reopen abandoned Humboldt Mill about 30 miles away to process ore

Mine: COPPERWOOD

Location: north of Wakefield, far western UP

Owner: Orvana Minerals Corp.

Permit: Applied Sept. 2011, company expects permit spring 2012

Metals: Copper, silver

Jobs: 250

Other: Ore is in rock with less sulfide than the other two mines, making it less risky for sulfuric acid drainage

Mine: BACK FORTY

Location: west of Stephenson, southern UP

Owners: 51% HudBay Minerals, 49% Aquila Resources

Permit: Expect to apply June 2012

Metals: Gold, silver, zinc, copper

Jobs: 230

Other: Open pit mine, next to Menominee River

The entrance to the Eagle Mine in Michigamme Township goes under Eagle Rock, rather than through it. Environmental groups and some residents of the towns near new mines are worried about noise, truck traffic, new roads, new power lines and contaminated air and water. / November photos by SUSAN TUSA/Detroit Free Press
Mine president Adam Burley said because Eagle — the nation’s first primary nickel mine — is the first new mine in the U.P. in decades, he wants to make it a model for others. “We’re raising the bar,” he said.
Kristi Mills, director of Save the Wild UP, with son Thomas Kinjorski, said the Department of Environmental Quality’s staff and budget have been gutted. The group is concerned about contamination.

First of 2 parts | Part 2

BIG BAY — In Michigan’s Upper Peninsula, it’s drill, baby, drill.

The drilling that began there in September is not for oil, but for gold, silver, copper and nickel.

In a resurgence of mining in the region whose mineral heyday was more than a century ago, foreign companies are finding rich bodies of ore they hope to mine for billions of dollars.

New technology and higher prices for metals are making mining profitable again, spurred by increases in demand for high-tech gadgets such as smartphones, kitchens full of stainless steel appliances and hybrid cars — all of which use the metals that can be found in the U.P.

Three new mines are either under way or planned, with more possible. Also, an abandoned mill to process ore is expected to reopen. Mineral rights on more than 1 million of the U.P.’s 7 million acres have been leased by companies prospecting for metals.

The new mines are less than a football field away from streams, rivers or Lake Superior, and environmental groups say the risks of contamination from acidic rock waste are high and that the state has too few resources to be a proper watchdog.

“I’m not anti-mine, I’m anti-mining pollution,” said Marla Tuinstra, a writer and retired dairy farmer near Stephenson, where an open pit gold mine is planned.

For struggling towns hungry for tax revenue and jobs, the mines are an answer to their prayers.

John Cox is supervisor of Wakefield Township, where a new copper mine is planned not far from the White Pine Mine, which closed 15 years ago.

“This is the best news we’ve had for years,” he said.

Rush is on as mining firms scour U.P. for deposits

Coming Monday: Is the state making enough money from these mines?

BIG BAY — The scream of hydraulic drills against bare rock echoes through the underground tunnel in the Eagle Mine. Dark figures are silhouetted against daylight at the tunnel’s entrance.

For international mining giant Rio Tinto, that light is symbolic: It’s the end of a 10-year push to start the mine — the nation’s first primary nickel mine and the first new mine in the Upper Peninsula in decades.

With its tunnel growing deeper at the rate of 12 feet per day, a Lansing judge on Wednesday cleared the mine’s path completely, dismissing a lawsuit that challenged its permits.

Other mining firms see Eagle’s start as a signal to push forward. Orvana Minerals, based in Toronto, has submitted a permit application for Copperwood, an underground copper mine near Wakefield in the U.P. And a third firm is preparing its application for Back Forty, an open pit gold, zinc and copper mine near Stephenson.

The rush is on.

Search for minerals

Websites of companies exploring for minerals show maps of the U.P. dotted with drilling targets. “Great Lakes: unparalleled potential,” says the map from Aquila Resources, a company listed on the Toronto stock exchange that discovered gold and copper in Menominee County. Its map shows four other sites it is targeting in the U.P.

Kennecott Eagle Minerals, the Rio Tinto subsidiary that discovered the rich copper-nickel deposit near Big Bay in 2002, said it’s continuing intensive exploration in the central and western U.P. Prime Meridian Resources of Calgary, Alberta, is hunting for copper, gold and nickel.

Bitterroot Resources of Vancouver, British Columbia, says it has mineral rights across 363 square miles in the U.P. and is scouting copper, nickel and platinum. Other firms have told the state they’re seeking uranium.

It’s not just Michigan: Companies also are planning mines in Ontario, Wisconsin and Minnesota.

“It’s like looking for elephants,” said Ted Bornhorst, professor of economic and engineering geology at Michigan Technological University in Houghton. “If you see one, you may find more.”

The state, excited about the prospect of new mining in the U.P., has set up an interdepartmental team to deal with issues surrounding mines.

“We see this as major economic development needed in the U.P.,” said Dan Wyant, director of the Department of Environmental Quality.

He said the state expects to see more than the three mines already proposed.

“The governor is very open to this, as long as we can make sure the companies meet requirements for air and water quality,” Wyant said.

He noted that new technology has changed mining. “It’s a different day and a different time,” he said.

All three companies said they will have modern water treatment plants that will make water discharged from the mining process cleaner than rain, which has contaminants deposited from air pollution. State law requires the new mine sites to be restored, with the buildings gone, pits and tunnels filled and flooded, and trees and shrubs planted when the mine shuts down.

Environmental concerns

Environmental groups and some residents of the towns near the new mines are worried about noise, truck traffic, new roads, new power lines and contaminated air and water. The new mines are in sulfide rock; its tailings contain sulfur that can create sulfuric acid when exposed to air and moisture. Critics say the state has suffered such deep budget cuts that it doesn’t have the funds or staff to do a good job protecting the environment. They also say the DEQ has become a booster rather than a watchdog over mines.

The Eagle Mine will be beneath the Salmon Trout River, which flows into Lake Superior; Back Forty is a few hundred feet from the Menominee River, and the Copperwood Mine is 200 feet from Lake Superior. Hunting, fishing, canoeing and hiking are popular in all three areas, and groups such as Save the Wild UP are concerned they’ll be contaminated by mine drainage.

The DEQ’s staff and budget have been gutted in recent years, said Kristi Mills, director of Save the Wild UP. The DEQ has only two staff members in the U.P. to oversee two existing iron mines, the three future mines and exploratory drilling.

Former director Steve Chester told the Free Press in 2010 that the agency’s general fund budget was cut 75% between 2003 and 2010.

Wyant said some staff in Lansing also work on mine issues, and that its resources are sufficient.

But Michelle Halley, an attorney for the National Wildlife Federation, which has challenged the Eagle permits in court, said the new mines, both in Michigan and elsewhere, will affect water quality in the Great Lakes Basin, not just the U.P.

She also said Michigan’s mining law places no restrictions on where mining can occur. “Every square inch is open.”

Bringing in the jobs

Mills of Save the Wild UP said the issue right now is jobs.

“It’s bad timing,” she said.

Not only does Rio Tinto intend to hire 300 people at Eagle, it also plans to reopen a mill to process its rock, and possibly that of other future mines. The Humboldt Mill hasn’t operated since 1989 and it, too, will bring jobs.

Dan Hornbogen is one of eight generations that lives, or have lived, in Marquette. He has served on an advisory committee to the company and is among the mine’s avid supporters.

“There are no guarantees, but these people know what they’re doing,” he said.

Jon Saari of the Upper Peninsula Environmental Coalition doubts the mine can avoid polluting air and water.

“There is human hubris here,” he said.

A coalition of environmental groups and the Keweenaw Bay Indian Community had argued in court documents that a long list of problems with the Eagle Mine should have led the state to reject its permits, including a potentially unstable roof and environmental studies that were flawed or not done. The judge in the case disagreed and dismissed their lawsuit.

On a tour of the mine site, Kristin Mariuzza, environmental manager of the mine, points out the multiple water treatment systems proudly. A former DEQ employee and U.P. native, she said the $10-million system will make water from the mine site cleaner than what most people drink.

“We treat it more,” she said. The water must be clean enough to protect fish in nearby streams under state law.

Mine president Adam Burley said because Eagle is the first new mine in the U.P. in decades, he wants to make it a model for others. “We’re raising the bar,” he said.

A crown jewel?

HudBay Minerals of Toronto and partner Aquila Resources call their planned Back Forty Mine a “crown jewel,” with nearly 1 million ounces of gold and 1 billion pounds of copper, as well as other metals.

To Ron and Carol Henriksen, it’s no jewel. The couple created their retirement dream home on 6 acres along the shores of the Menominee River west of Stephenson. But after mining rigs began drilling exploratory holes down the road, they decided to sell to the mining company and have yet to find a new home.

Their property and many of those around it are marked with red anti-mine signs, and the Henriksens are active in Front 40, a group formed to encourage locals to ask tough questions about the Back Forty mine.

“If people understand the facts, they won’t be for it,” Ron Henriksen said.

The 250 jobs generated by the mine will last only nine years — the mine’s expected life — but the effects on hunting, fishing and recreational tourism could be long-lasting, Henriksen said.

“I don’t want my grandchildren saying to me, ‘Why did you let this happen?’ ” he said.

Some fear the mine will drive down property values. And the mine’s owners are Canadian companies, so even if 75% of jobs go to locals as promised, the profits will go back to Canada.

Cyanide will be used in the processing of the mine rock, and the Front 40 said it fears that could contaminate the Menominee River and create hazards when it’s transported to the site.

Mine spokesman Tom Shields said the cyanide will be used only in processing gold and silver and will be neutralized afterward.

Area residents have mixed opinions.

Jeff Anderson is a financial adviser and stock broker who has sold thousands of shares in HudBay. He sees it as a good investment, both for individuals and for the community, where he has lived for decades and is on the Downtown Development Authority board.

“What we have is an opportunity for higher economic development and better-paying jobs,” he said. Besides direct jobs, the mine is expected to create 220 support jobs, he said. “Higher wages and jobs could have a good impact,” he said.

He said he’s convinced, after a recent forum, that the DEQ will do a good job overseeing environmental risks.

Mick Lawler is project manager for HudBay. He said he’s confident the company can avoid the pollution opponents fear. The firm plans to build a concrete pillar between the mine and the river, treat water that is used in the mining process or falls on the site, and neutralize and bury rock waste in the mine pit, flooding it with water when the mine shuts down.

The company hopes to apply for a permit next June.

“I don’t know who to believe,” said Robin Leaveck, who works at her parents’ Stephenson Family Restaurant and grew up in the area. On one hand, the metals are needed for cars, electronic gadgets and wiring. On the other, “this is God’s country,” she said. “I hope they can do it without destroying it.”

‘Now we struggle’

Even with a rebirth in mining, the U.P. won’t see thousands of mining jobs from these projects. The numbers will be in the low hundreds at each mine, and the mines will be short-lived, open for at most a dozen years.

But the boost to small, hard-hit local economies will be impressive.

Wakefield Township Supervisor John Cox grew up in the area but left as a young man to get a good job and returned as a retiree.

“A lot of kids here have to leave like I did,” he said.

The proposed Copperwood Mine, which expects to get a state permit by next spring, will bring up to 250 jobs when it opens. “We’ve had unemployment over 10% for a long, long time,” and it’s even higher in neighboring Ontonagon, he said.

In the iron mining days, the area had swimming pools, community centers, good paved roads and other things small communities often don’t have. But those days ended when the White Pine Mine closed in 1995.

“Now we struggle,” he said.

Bornhorst, the Michigan Tech professor, said that because the U.S. is capable of protecting its environment, it should have mines that produce metals its citizens use, rather than sticking other countries with the risks.

“People don’t want copper mines in their backyard, but they’ll go down to Lowe’s to buy copper wire,” he said. “We’re the ones that use these metals the most. We should have the mines.”

Contact Tina Lam: 313-222-6421 or tlam@freepress.com

Part 2:   Will mines get state’s riches for a paltry sum?     by staff writer Tina Lam   http://www.freep.com/article/20111128/NEWS05/111280328/Will-mines-get-state-s-riches-paltry-sum-?odyssey=tab|topnews|text|FRONTPAGE