Tell the DNR: Don’t Undermine Superior Heartland

FOR IMMEDIATE RELEASE

320 Acre Mineral Lease Would Undermine Environment, Historic Site

MARQUETTE – According to grassroots environmental organization Save the Wild U.P., a new mineral lease request on the Yellow Dog Plains stands to threaten both the environment and a local historical site. North American Nickel, Inc. of Canada is seeking a mineral lease from the State of Michigan for 320 acres of public land (SW1/4; N1/2 SE1/4; W1/2 NW1/4, Section 35, T51N, R29W, Michigamme Township, Marquette County). The Michigan Department of Natural Resources (DNR) published the announcement of North American Nickel’s mineral lease application on September 11th, 2015, commencing a 30-day public comment period. North American Nickel has no experience operating in the United States.  They currently have mining projects in Sudbury, Canada and in Greenland.

The targeted land lies north of Triple A road, northwest of the Eagle Mine. Ecologically, the land supports jack pine forest habitat critical to the endangered Kirtland’s Warbler. The DNR lease review acknowledges the possible presence of endangered species, and notes the presence of a site of “archaeological significance.”

Historically, the land is connected with the Nels Andersen (sometimes spelled Anderson) family homestead, home to early Danish immigrants who settled on the Yellow Dog Plains in 1902. Prior to the 1900’s, the plains were frequented via a trail between L’Anse and Big Bay, used for hunting and berry-picking, with a strong pre-European Indigenous presence. These oral histories and other stories related to the Andersen site were recorded by the late historian and storyteller, C. Fred Rydholm, in Superior Heartland: A Backwoods History.

According to the DNR’s Management Plan for the Yellow Dog Plains, this area “provides multiple benefits including forest products, dispersed recreational activities, and provides habitat for a variety of fish and wildlife species” and the DNR’s stated management priority in this area “is to continue to provide these multiple benefits while minimizing user conflicts.” The DNR’s stated priority for this land is NOT mineral exploration.

“Why does the State bother writing these land management plans?” asks Gail Griffith, emeritus professor of Chemistry at Northern Michigan University and SWUP board member. “Michigan regulators obviously believe that mineral exploration is always the most desirable land use — in every situation, no matter how it undermines or jeopardizes our public land, water, forestry, wildlife and fisheries.”

In their Management Plan, the DNR states that “almost all state lands are leased and extensive exploration has been conducted” but further notes “there is insufficient data to determine the glacial drift thickness” on the Yellow Dog Plains.

Northwest end of Yellow Dog Plains, site of a 320 acre mineral lease request by North American Nickel, Inc. of Canada.  Source: Google Earth map.

Northwest end of Yellow Dog Plains, site of a 320 acre mineral lease request by North American Nickel, Inc. of Canada. Source: Google Earth map.

“Unfortunately, these ‘insufficiently-understood’ glacial sands contain a pristine aquifer — groundwater water unpolluted by any industry, until it flows east toward Eagle Mine,” said SWUP board member and botanist Steve Garske. “Groundwater from the Yellow Dog Plains aquifer feeds headwaters of several rivers and coldwater trout streams, and supports unique spring-fed ponds such as Andersen Lake, which provide key habitat for mammals, migratory birds, reptiles and amphibians, insects and native plants, including threatened species.”

“Once again, we’re asked to trust that the Department of Natural Resources will act as a responsible environmental steward, and that our clean water and natural resources are in good hands,” says Kathleen Heideman, SWUP’s president. “The public is not consulted when exploratory drilling and seismic blasting surveys are done, and regulators are not out in the field, keeping an eye on day-to-day exploration work. Mineral exploration is not a democratic process – there’s no accountability, and no transparency. The public wants an open and responsible process. Why won’t the DNR listen?”

In 2014, Eagle Mine made a similar request, seeking mineral rights to a parcel of public land along the Yellow Dog River. Working collectively, Save the Wild U.P., Yellow Dog Watershed Preserve and the Michigan League of Conservation Voters called on the State of Michigan to hold a Public Hearing on the proposed lease. The groups asked the DNR to deny the mineral lease request, stating that “metallic mineral lease of this land would serve only the short-term goals of industry (…) once again, the State of Michigan seems wholly incapable of serving the public trust.” In response, the DNR simply sent out form letters, and approved the lease without notifying any of the organizations or individuals who had requested a hearing.

“It’s outrageous but true: Part 632 doesn’t restrict one square inch of Upper Michigan from sulfide mining and mineral exploration — the one mine permitted under Part 632 is a failure — continuing to lease state lands to international mining companies serves no proper purpose. We are peaceful and respectful people but we are no longer victims. We aren’t afraid of anything. I’m asking the State of Michigan to extend some respect for our treaty rights — deny this leading request,” writes Jeffery Loman, former federal oil regulator and Keweenaw Bay Indian Community tribal member.

In 2006, the Superior Watershed Partnership (SWP) recommended to “prohibit sulfide-based mining” on the Yellow Dog Plains, and they continue to stand by that recommendation. “The potential impacts to groundwater, surface water and Lake Superior are simply too great,” says Carl Lindquist, SWP’s executive director.

“It’s no surprise that another Canadian mining company is seeking to lease minerals,” says attorney Michelle Halley. “Save the Wild U.P., the Yellow Dog Watershed Preserve, and others have known that Eagle Mine was just the beginning of a regional mining development strategy. In the long term, the public will pay a high price for mining projects performed without adequate permitting, monitoring and enforcement.”

 “The Upper Peninsula is under attack, due to poorly-unregulated incremental industrial expansion. It’s a feeding-frenzy. Mineral leasing decisions are being made behind closed doors, regardless of their environmental or cultural impacts, and the comments of concerned citizens are ignored,” says Alexandra Maxwell, SWUP’s executive director. “The public perceives that the DNR is acting as a land broker for industry, and approval of this lease will only reinforce that perception. We urge the public to join us in asking the DNR to DENY this mineral lease request from North American Nickel.” 

Public comment is due by October 12th. Comments can be submitted by email to Karen Maidlow, Michigan Department of Natural Resources, at maidlowk@michigan.gov, or mailed directly to Karen Maidlow, Property Analyst, Minerals Management, DNR, P.O. Box 30452, Lansing, MI 48909.

SPECIAL OPPORTUNITY:

To raise awareness about the land threatened by this mineral lease request, Save the Wild U.P. will lead a hike to the site on Saturday, October 24th. Participants will visit Andersen homestead ruins and Andersen Lake, and hear a social history of the Yellow Dog Plains as recollected in the stories of Superior Heartland: A Backwoods History, by C. Fred Rydholm. Those interested in joining the hike can learn the details on SWUP’s facebook page, or by contacting rsvp@savethewildup.org. Our meet-up site will be Big Bay Outfitters at 12 pm. Tickets for this special hike are $10; all proceeds benefit Save the Wild U.P.’s work.

AndersenHikeOct24_Facebook-EventsBanner1920x1080d

Download event information: http://bit.ly/1WO2GNv

Founded in 2004, Save the Wild U.P. is a grassroots environmental organization dedicated to preserving the Upper Peninsula of Michigan’s unique cultural and environmental resources. For more information contact info@savethewildup.org or call (906) 662-9987. Get involved with SWUP’s work at savethewildup.org on Facebook at facebook.com/savethewildup or on Twitter @savethewildup.

Editors: the following map is available for use with this press release —

“Mineral Lease Request – Andersen Homestead”
(Google Map, interactive)
http://bit.ly/1GwH9zz

“Mineral Lease Request – Andersen Homestead”
(Google Earth map, static)
http://bit.ly/1hruWFN

Caption
North American Nickel, Inc, is seeking a new mineral lease for 320 acres of Public Land on the Yellow Dog Plains. Grassroots environmental group Save the Wild U.P. is urging the Michigan DNR to reject the mineral lease application, stating that it threatens to undermine critical habitat for the Kirtland’s Warbler, and a site of historical significance. The history of the area was well-documented by local historian C. Fred Rydholm, in Superior Heartland: A Backwoods History. The land is part of the Escanaba River State Forest and the Cedar Creek watershed.

 

Letter of Unified Opposition to Headwaters Lease

Dr. Susan Hedman, Regional Administrator
US EPA Region 5
77 West Jackson Blvd.
Chicago, IL 60604-3590

Benita Best-Wong, Director, Office of Wetlands, Oceans & Waters
Environmental Protection Agency
1200 Pennsylvania Ave, N.W.
Washington, DC 20460

Keith Creagh, Director
Michigan Department of Natural Resources
P.O. Box 30028
Lansing, MI 48909

Karen Maidlow, Property Analyst, Minerals Management
Department of Natural Resources
P.O. Box 30452
Lansing, MI 48909

Submitted on September 22, 2015

Dear Ms. Maidlow,

On behalf of our collective members and supporters, including property owners, environmentalists and concerned citizens, tribal organizations, and on behalf of the watersheds we seek to protect, we strongly urge you to deny the proposed mineral lease sought by Eagle Mine LLC for 40 acres of State-owned land (NE 1/4 of the NE 1/4 of Section 8, T50N, R29W, Michigamme Township, Marquette County).

The Michigan Department of Natural Resources (MDNR) is entrusted with managing and conserving lands under the public interest doctrine. This lease proposes to sacrifice the use and integrity of public lands for the benefit of a foreign mining company.

The parcel in question is located in an intact watershed and contains an undisturbed headwater wetland ecosystem of over 1,000 acres (in a state that has lost 50% of its wetlands). Wetland functions include benefits to fisheries and recreation; with tourism playing a major role in Michigan, it is unwise to despoil areas valued by our visitors.

Critically, these 40 acres contain headwaters of the Yellow Dog River, a federally-designated Wild and Scenic River. Mining is incompatible with the values espoused by the Wild & Scenic Rivers Act, which specifies additional “regulations for minimizing surface disturbance, water sedimentation, pollution and visual impairment.” Headwaters and wetlands, once polluted, would negatively affect downstream users and ultimately damage the Lake Superior watershed. The State of Michigan should not allow mineral exploration on headwater wetlands. Andersen Creek flows through this land; identified as headwaters of the Yellow Dog River.

  • The Superior Watershed Partnership published the Salmon Trout River Watershed Management Plan (2006), which included a recommendation to “prohibit sulfide-based mining” (p.41). Since the Salmon Trout River and the Yellow Dog River share common watershed boundaries at this critical headwaters site, the sulfide mining recommended prohibition applies to both watersheds.
  • The State’s mineral rights on this parcel are currently unsevered.
  • The MDNR departmental lease review acknowledges the headwaters of the Yellow Dog (Andersen Creek) and noted the possible presence of endangered species and a Special Conservation Area, protecting the “wet willow marsh and its unique lowland wildlife habitat.” MDNR Fisheries staff recommended that a “Stipulation 15” be included, minimizing surface disruption, but the lead agency reviewer removed Stipulation 15, which would have required proper drilling and exploration protocol. Multiple MDNR reviewers identified this land as headwaters, but (ultimately) recommended a “development with restrictions” classification.
  • After reviewing comments from MDNR staff, we request that further review of the site be done in a timely manner by third party consultants.
  • Additionally, we request a Public Hearing, in order to discuss concerns about the site of the proposed mineral lease, and review hydrologic data.

In announcing the Clean Water Rule, the Environmental Protection Agency has recently clarified the scope of protections intended by the Clean Water Act; in their analysis of peer-reviewed studies of watersheds, there was overwhelming consensus: “All ephemeral and intermittent streams, and the wetlands that are connected or next to them, will be subject to federal oversight under the proposed rule.”

The State of Michigan has delegated authority from the Environmental Protection Agency (EPA) for protecting wetlands, especially headwater wetlands and other waters of the United States, from degradation, pollution and destruction. The state-administered 404 program must be consistent with all requirements of the federal Clean Water Act (CWA) and associated regulations set forth in the Section 404 guidelines, including the Clean Water Rule (effective August 28, 2015).

In order to meet its responsibility to protect “waters of the United States,” the State of Michigan needs to recognize that sulfide mining and associated mineral exploration is wholly incompatible with the protection of valuable headwaters. In accordance with new federal guidance, the State of Michigan must now act to provide enhanced protections for rivers, wetlands, headwaters and their aquatic resources — or risk revocation of delegated authority.

Clearly, the decision to proceed with a mineral lease to Eagle Mine LLC, a company with active mineral exploration and mining in the immediate vicinity, may cause irreparable harms to headwaters of the Yellow Dog River and Salmon Trout River. While mineral leases in themselves do not guarantee successful exploration, it is widely understood that if a viable mineral product is discovered, political and financial collaboratives will join until extraction becomes possible.

We collectively voice our unified opposition to this proposed mineral lease and urge the Michigan Department of Natural Resources to take this opportunity to immediately reclassify the 40 acre parcel as non-leasable, in light of significant headwater protection concerns.

Mineral exploration on this fragile property will threaten unspoiled wetlands and the headwaters of two watersheds. The State of Michigan cannot afford to be reckless in regulating the vital water systems that feed our Great Lakes.

Sincerely,

Alexandra Maxwell, Executive Director, Save the Wild U.P.
Save the Wild U.P. Board of Directors
Save the Wild U.P. Advisory Board
Yellow Dog Watershed Preserve Board of Directors
Carl Lindquist, Executive Director, Superior Watersheds Partnership
The Upper Peninsula Environmental Coalition Board of Directors
Friends of the Land of Keweenaw Board of Directors
Central Upper Peninsula Group of the Sierra Club for the Michigan Sierra Club, Chair John Rebers
Social Action Committee, Marquette Unitarian Universalist Congregation
Rev. Jon Magnuson, Concerned Clergy of Marquette
Rev. Tesshin Paul Lehmberg, Concerned Clergy of Marquette
Charles West, Concerned Clergy of Marquette
Gene Champagne, Spokesperson for Concerned Citizens of Big Bay
Chippewa Ottawa Resource Authority, Jane A. TenEyck, Executive Director
Keweenaw Bay Indian Community, KBIC Tribal Council, Warren C. Swartz, President
Michigan League of Conservation Voters, Charlotte Jameson, Policy Manager
Amy Conover, President of Superior Sustainability
Wisconsin Resources Protection Council, Al Gedicks, Executive Secretary
Front 40, Ron and Carol Henriksen
June Rydholm, adjacent landowner
Daniel C. Rydholm, adjacent landowner
Catherine Parker
Edie Farwell
William F. Ogden Jr.
Kippy Isham Phelps
Laura Farwell
Maddie Dugan
Marianne Pyott
Mary H. Campbell
Jeffery Loman
Kathleen Scutchfield
M. Comfort
Dave and Beverly Stromquist
Laurie Serchak, Allan Stromquist
Kurt Stromquist, adjacent landowners
Andy Cocallas, President of Chicago Whitewater Association
Tom Hafner, kayaker with Chicago Whitewater Association
Steve LaPorte, member of Illinois Paddling Council, Prairie State Canoeists
Mari Denby
Pamela McClelland
J. Kevin Hunter
Steve Washburne
Tom Mountz
Judith Bosma
Dick Huey
Tracy Heenan Walklet
Justine Yglesias
Erin Bozek-Jarvis
David Kallio
Nancy Olsen
Jennifer Brown
Marian Gram Laughlin
Louis V. Galdieri
Luke Mountz
Allyson Dale
Martin J. Reinhardt
Gerry Stromquist

Yellow Dog Headwaters - Anderson Creek Panorama

Yellow Dog Headwaters, Anderson Creek Panorama. Photo by Steve Garske, 7-31-2015.

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ArcGIS Map showing location of proposed mineral lease
http://arcg.is/1UqnIRl

ArcGIS Map (interactive map slideshow with detailed views)
http://arcg.is/1eTFFYo

Save the Wild U.P. Summer Fellows Program a ‘Wild” Success

MARQUETTE — Local grassroots environmental organization Save the Wild U.P. (SWUP) just completed the 2015 Summer Fellows program. SWUP’s Fellows enjoyed a dynamic summer, learning how to become better stewards for the environment and their community. The program included educational seminars on social justice, environmental awareness, and mining-related issues, and trainings geared toward becoming effective advocates through grassroots outreach.

The 2015 Fellows  program focused on the controversial County Road 595. “The wealth of knowledge and experience that our Fellows gained this summer was transformational, “ said Lauren Yellen, SWUP Fellowship Coordinator. “They left prepared to advocate for clean water and responsible environmental legislation.”

Fellows began with an intensive two-day grassroots “Bootcamp”  which covered topics ranging from geology and the history of mining in the Upper Peninsula to hydrology and environmental movements. While the Fellow’s focused on educating community members about the issues surrounding the Marquette County Road Commission’s lawsuit against the Environmental Protection Agency, the larger goal was to gain a comprehensive understanding of mining issues at local, regional and global scales.

“Mining is never an isolated incident,”said executive director, Alexandra Maxwell.  “Mining affects the people and environments that witness the extraction, it affects economies, and the insatiable demand for minerals seems inextricably woven into modern life — but clearly we all need to make more responsible decisions. The next generation of environmentalists will need to view these issues as complex, multidimensional — and filled with opportunities to effect positive change. We strive for our fellowship program to do just that —this is hands-on learning at its best. We do our best to prepare our students with real-world skills and we certainly work hard to ignite their passion for wild places. We’re so proud of them!”

Maxwell is confident that the experiences Fellows were exposed to this summer will help them become better leaders in their communities. “Working on behalf of clean water,” says Yellen, “is a clear priority for all who are concerned about their fellow citizens and the health and integrity of Lake Superior Watersheds.”

“Too often, citizens are shut out of democracy — especially young adults,” said Kathleen Heideman, president of SWUP. “SWUP’s Summer Fellows program demonstrates our commitment to educate a new generation of environmentally-responsible leaders. This is critical to the future of the U.P., where we face regulatory capture, road and industrial encroachment, the risk of acid mine drainage from sulfide mining, legacy mining pollution, and serious threats to wild lands, wetlands, rivers, and Lake Superior.”

Headwaters Mineral Lease Hits Unified Opposition

 

MARQUETTE — Local landowners, tribal organizations, concerned clergy, leading environmental organizations from the Upper Peninsula of Michigan and other concerned citizens have delivered a letter to the Michigan Department of Natural Resources (DNR), expressing their unified opposition to Eagle Mine’s application for a mineral lease of State-owned land — minerals that lie under headwaters of the Yellow Dog River.

In a unified letter of opposition sent to the DNR and the Environmental Protection Agency on Tuesday, September 22nd, they request that the mineral lease application be denied, citing that “Mineral exploration on this fragile property will threaten unspoiled wetlands and the headwaters of two watersheds. The State of Michigan cannot afford to be reckless in regulating the vital water systems that feed our Great Lakes.”

Eagle Mine LLC, owned by Canadian mining conglomerate Lundin Mining, applied to the DNR to lease an additional 40 acres of publicly-owned land on the Yellow Dog Plains, NE 1/4 of the NE 1/4 of Section 8, T50N, R29W, Michigamme Township, Marquette County. The parcel in question is located in an intact watershed and contains an undisturbed headwater wetland ecosystem of over 1,000 acres (in a state that has lost 50% of its wetlands). Critically, these 40 acres contain headwaters of the Yellow Dog River, a federally-designated Wild and Scenic River.

The area under consideration includes fragile wetlands. On this topic, the letter-writers state, “Wetland functions include benefits to fisheries and recreation; with tourism playing a major role in Michigan, it is unwise to despoil areas valued by our visitors.”

The collective letter of opposition is signed by individual citizens as well as major regional groups, including the Michigan League of Conservation Voters, Upper Peninsula Environmental Coalition, The Superior Watershed Partnership, Friends of the Land of Keweenaw’s Board of Directors, Chippewa Ottawa Resource Authority, the Keweenaw Bay Indian Community, Central U.P. Group of the Michigan Chapter of the Sierra Club, Yellow Dog Watershed Preserve, Concerned Citizens of Big Bay, Save the Wild U.P., Wisconsin Resources Protection Council, Superior Sustainability, Front 40, Concerned Clergy of Marquette, the Marquette Unitarian Universalists Social Action Committee and numerous individual property owners from Marquette County, including the owners of adjacent camps and forest lands.

In the letter, the groups enumerate serious environmental concerns, including:

  • The Superior Watershed Partnership published the Salmon Trout River Watershed Management Plan (2006), which included a recommendation to “prohibit sulfide-based mining” (p.41). Since the Salmon Trout River and the Yellow Dog River share common watershed boundaries at this critical headwaters site, the sulfide mining recommended prohibition applies to both watersheds.
  • The State’s mineral rights on this parcel are currently unsevered.
  • The MDNR departmental lease review acknowledges the headwaters of the Yellow Dog (Andersen Creek) and noted the possible presence of endangered species and a Special Conservation Area, protecting the “wet willow marsh and its unique lowland wildlife habitat.” MDNR Fisheries staff recommended that a “Stipulation 15” be included, minimizing surface disruption, but the lead agency reviewer removed Stipulation 15, which would have required proper drilling and exploration protocol. Multiple MDNR reviewers identified this land as headwaters, but (ultimately) recommended a “development with restrictions” classification.
  • After reviewing comments from MDNR staff, we request that further review of the site be done in a timely manner by third party consultants.
  • Additionally, we request a Public Hearing, in order to discuss concerns about the site of the proposed mineral lease, and review hydrologic data

“These are serious and unresolvable objections,” said Alexandra Maxwell of Save the Wild U.P. (SWUP), who helped organize the collective letter of opposition. “Our message to the Michigan Department of Natural Resources is simple: protect our headwaters, and deny this mineral lease application.” According to Maxwell, “A clear majority of environmental organizations and concerned citizens are in agreement– this mineral lease is wholly incompatible the DNR’s responsibility to protect wetlands and headwaters .”

Earlier in 2015, the Environmental Protection Agency announced the Clean Water Rule, clarifying the scope of protections intended by the Clean Water Act. In the analysis of peer-reviewed studies of watersheds, there was clear consensus: “All ephemeral and intermittent streams, and the wetlands that are connected or next to them, will be subject to federal oversight under the proposed rule.”

The State of Michigan has delegated authority from the Environmental Protection Agency (EPA) for protecting wetlands, especially headwater wetlands. The state-administered 404 program must be consistent with all requirements of the federal Clean Water Act (CWA) and associated regulations set forth in the Section 404 guidelines, including the Clean Water Rule (effective August 28, 2015).

On the application of the Clean Water Rule, the letter-writers state, “In order to meet its responsibility to protect “waters of the United States,” the State of Michigan needs to recognize that sulfide mining and associated mineral exploration is wholly incompatible with the protection of valuable headwaters. In accordance with new federal guidance, the State of Michigan must now act to provide enhanced protections for rivers, wetlands, headwaters and their aquatic resources — or risk revocation of delegated authority.”

The DNR accepted written comment from the public concerning Eagle Mine’s new mineral lease application until Friday, September 25th, 2015. “We encouraged our supporters to review the facts — these are critical headwaters. This parcel should be reclassified as non-leasable, in light of the significant headwater protection concerns. ” said Maxwell, “We asked the public to join us in letting the DNR know they should reject this lease application. Concerned citizens need to continually work together to protect our valuable headwaters!”

“A moose would need to wear hip-waders to cross these wetlands.” said Heideman. “It’s outrageous — you couldn’t pick a worse place for sulfide mining exploration if you tried.”

The full letter can be read here: http://bit.ly/1MBc0SM

Founded in 2004, Save the Wild U.P. is a grassroots environmental organization dedicated to preserving the Upper Peninsula of Michigan’s unique cultural and environmental resources. For more information contact info@savethewildup.org or call (906) 662-9987. Get involved with SWUP’s work at savethewildup.org on Facebook at facebook.com/savethewildup or on Twitter @savethewildup.

Yellow Dog Headwaters - Anderson Creek Panorama

Yellow Dog Headwaters, Anderson Creek Panorama. Photo by Steve Garske, 7-31-2015.

Screenshot map link: http://bit.ly/1DtmS1W

Source: http://www.mcgi.state.mi.us/wetlands/

ArcGIS Map showing location of proposed mineral lease
http://arcg.is/1UqnIRl

ArcGIS Map (interactive map slideshow with detailed views)
http://arcg.is/1eTFFYo

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