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.