Contested Case Appealed in Ann Arbor

PETITIONS were filed by KBIC, NWF, HMC and YDWP last week to the County of Washetnaw (Ann Arbor) to appeal the Contested Cases Final Determination and Orders issued by the MDNRE in February. The change of venue is sought on the basis of the location of NWF’s state office and HMC’s legal team in Ann Arbor.

Petition for Review of Final Determination and Order of the Michigan Department of Environmental Quality Concerning Groundwater Discharge Permit No. GW1810162 was filed today, March 12, 2010, in the Circuit Court for the County of Washtenaw.

Petition for Review of Final Decision and Order of Administrative Agency in Contested Case (Nonferrous Metallic Mining Permit – Part 632) was filed March 11, 2010, in the Circuit Court for the County of Washtenaw.

TAKE ACTION: Help Stop New Kennecott Exploration

Proposed Mineral LeaseRecently the DNRE announced a public comment period for leasing over 4000 acres of mineral rights to Kennecott for further exploration. The exploration would take place in Southern Marquette County, Northern Dickinson County, and Southern Houghton County.

New Sulfide Mining Exploration

Proposed Mineral Lease Will Affect

Marquette County:

  • T43n-R25w Sec. 18 & 19
  • T43n-R26w Sec. 1, 6-10, 14, & 18

Dickinson County:

  • T43n-R27w Sec. 1, 3, 4-6, 9, & 13

Houghton County:

  • T47n-R36w Sec. 16

Public Comment Should Be Sent To:

Tom Hoane
FMD DNRE
P.O. Box 30452
Lansing, MI
48909-7952

March 11 – DNRE to Host Public Meeting on Modifications to Kennecott Groundwater Permit

Contact: Robert McCann (517) 373-7917
Agency: Natural Resources and Environment

March 2, 2010

The Department of Natural Resources and Environment will be holding an informational meeting at the Westwood High School auditorium in Ishpeming on Thursday, March 11, from 7:00 p.m. until 9:00 p.m., to discuss a request by the Kennecott Eagle Minerals Company to modify the groundwater discharge permit for the Eagle Rock Mine project.

This public meeting is not required for a permit modification of this type, however, the DNRE wanted to give the public an opportunity to ask questions about the changes in design being discussed.

The proposal is available for viewing online at: http://tiny.cc/vkoPN.


Kennecott Attempts to Sidestep the EPA: Seeks permit amendment

BY JOHN FLESHER

AP environmental writer

TRAVERSE CITY — A company preparing to build a nickel and copper mine in Michigan’s Upper Peninsula wants to change its wastewater treatment system in a way that could negate the requirement for a federal permit, officials said Tuesday.

Kennecott Eagle Minerals Co. has asked the Michigan Department of Natural Resources and Environment to modify a 2007 state permit authorizing underground discharge of treated wastewater from the mine planned for rural Marquette County.

Originally, the company proposed injecting the treated water back into the groundwater through a network of soil-covered infiltration pipes. The new plan calls for keeping the pipes on the surface and covering them with Styrofoam insulation and a liner. The treated water would still be pumped into the groundwater.

That would make it easier to inspect and maintain the system while providing better distribution of the treated water, said Robert McCann, a spokesman for the department, which will hold a March 11 public meeting on the proposal in Ishpeming.

There would be no change in the piping apparatus itself or the quality of the water sent underground, which would be treated to drinking standards, Kennecott spokeswoman Deb Muchmore said. Both designs are “common and effective,” she said.

Muchmore said although the primary reason for the proposed change is to improve the system, Kennecott may look into whether it also would nullify a requirement for a separate federal groundwater discharge permit.

“The company is evaluating this as a possible option” but has made no decision, she said.

Kennecott already has applied for the federal permit, the final regulatory hurdle before the mine can be built. The company hopes to begin construction this year.

Environmental Protection Agency officials said Tuesday they were still reviewing the application.

It’s too early to say whether Kennecott’s proposed change would make the federal permit unnecessary, said Rebecca Harvey, chief of the agency’s regional branch in Chicago that oversees underground water discharges.

The company has given the agency information about the would-be modification but “they haven’t made any formal request of us,” Harvey said.

Michelle Halley, attorney for the National Wildlife Federation, said there was little doubt Kennecott’s biggest motive was to sidestep the EPA.

“Why else would they be doing this?” Halley said. “There’s no other reason to change the treated water infiltration system at this point.”

If Kennecott wants to make the change, the Department of Natural Resources and Environment also should require an update of its separate mine construction and operation permit, which the department approved last month, Halley said. Her group plans to file suit this month challenging that decision.

Environmentalists are fighting the mine, believing it would pollute the groundwater and nearby rivers. The company says it will protect the environment.

Author Eric Hansen to do U.P. Slide Shows March 4, 6

Detroit, Lansing: Author Eric Hansen to do U.P. slide shows March 4, 6

Author Eric Hansen will present a slide tour of the U.P.’s best hikes, waterfalls and scenic vistas during two slide show presentations — in Southfield (Detroit area) on March 4 and Lansing March 6.

His theme is: The Poetry and Practicalities of Hiking Michigan’s Upper Peninsula

Hansen, an award-winning conservation essayist, is the author of Hiking Michigan’s Upper Peninsula – A Guide to the Greatest Hiking Adventures in the U.P. Nine hundred miles of memorable hiking research went into that project.

Also a well-known advocate for U.P. conservation causes, Hansen’s presentations feature an update on current U.P. conservation themes, including the metallic sulfide mining controversy.

See the url below for his Detroit area appearance, part of the monthly gathering of the South East Michigan Group of the Sierra Club on March 4. The U.P. part of the program is scheduled for 7:30pm. Hansen’s Lansing show is part of the Quietwaters Symposium on March 6 (details at the url below) and will begin at 12:15pm..

Also below is an audio clip, plus other U.P. credits and essays.

He has highlighted the U.P.’s rich natural heritage in adventure features for Backpacker Magazine, the op-ed pages of our region’s leading journals, and in numerous public radio interviews.

Widely traveled, he is a veteran of 30 treks to the bottom of the Grand Canyon, successful ascents of most of the high peaks in Glacier National Park and a mellow and memorable telemark-style ski descent of Colorado’s highest peak, Mount Elbert.

http://michigan.sierraclub.org/semg/index.html

www.quietwatersymposium.org/

A WUWM interview marking the launch of Eric Hansen’s U.P. book.
http://www.wuwm.com/programs/lake_effect/view_at10.php?articleid=57
Drag the bar to the 17 minute, 50 second mark to begin U.P segment.

Essay on the threat of metallic sulfide mining to the pristine waters of the U.P. and Wisconsin
http://www.jsonline.com/news/opinion/29549204.html

Essay on Pictured Rock’s Beaver Basin
http://wilderness.org/content/omnibus-tour-beaver-basin

Feds outline lakes cleanup plan

2-20-2010

$2.2B earmarked to reverse century’s worth of damage

JOHN FLESHER
AP environmental writer

TRAVERSE CITY — The Obama administration has developed a five-year blueprint for rescuing the Great Lakes, a sprawling ecosystem plagued by toxic contamination, shrinking wildlife habitat and invasive species.

The plan envisions spending more than $2.2 billion for long-awaited repairs after a century of damage to the lakes, which hold 20 percent of the world’s fresh water. The Associated Press obtained a copy of the document, which Lisa Jackson, head of the Environmental Protection Agency, will release at a news conference today in Washington.

“We’re committed to creating a new standard of care that will leave the Great Lakes better for the next generation,” Jackson said in a statement.

Among the goals is a “zero tolerance policy” toward future invasions by foreign species, including the Asian carp, a huge, ravenous fish that has overrun portions of the Mississippi River system and is threatening to enter Lake Michigan.

Others include cleanup of the region’s most heavily polluted sites, restoring wetlands and other crucial habitat, and improving water quality in shallow areas, where runoff from cities and farms has led to unsightly algae blooms and beach closings.

Also promised is a strategy for monitoring the ecosystem’s health and holding federal agencies accountable for carrying out the plan.

During his 2008 campaign, Barack Obama pledged $5 billion over a decade toward fulfilling a Great Lakes cleanup wish list developed by a coalition of agencies, scientists and activists.

Congress last year approved his request for a first installment of $475 million. The newly released plan assumes yearly appropriations of the same amount through 2014, except for the $300 million President Obama requested this month in his 2011 budget.

The 41-page plan sets out ecological targets and specific actions to be taken by 16 federal agencies working with state, local and tribal governments and private groups.

Among the goals it seeks by 2014: finishing work at five toxic hot spots that have languished on cleanup lists for two decades; a 40 percent reduction in the rate at which invasive species are discovered in the lakes; measurable decreases in phosphorus runoff; and protection of nearly 100,000 wetland acres.

It also will help save species such as the lake sturgeon, a prehistoric fish that can reach 8 feet long and 200 pounds but is endangered because of overharvesting and habitat degradation. The plan promises to provide 25,000 young sturgeon for stocking programs.

Combined with enforcement of environmental rules and new ones where needed, officials said the plan would help make Great Lakes fish safe to eat, and ensure their waters are suitable for drinking and swimming, and their native plants and animals are thriving.

The lakes provide drinking water to more than 30 million people and are the backbone of a regional economy dependent on tourism, outdoor recreation, shipping and manufacturing.

“We now have a golden opportunity, even a once-in-a-lifetime opportunity, to make huge progress,” Wisconsin Gov. Jim Doyle, co-chairman of the Council of Great Lakes Governors, said in a telephone interview Saturday. “We’ve been talking about this for a long time. Now the federal government is putting some real resources behind it.”

Jeff Skelding, director of the Healing Our Waters-Great Lakes Coalition, which represents environmental groups across the region, praised the plan’s commitment to long-range funding for the restoration but said Congress should boost Obama’s 2011 spending request to $475 million.

The coalition also says too much restoration money is being diverted to fighting Asian carp, which could endanger the region’s $7 billion sport fishing industry by gobbling plankton and unraveling the food chain.

An “all-out effort” is needed to keep the carp out of the lakes, but funding should come from elsewhere in the federal budget, the coalition said.

Cameron Davis, EPA’s senior adviser on the Great Lakes, said about $58 million in restoration funds would go to the carp battle this year. But invasive species programs are getting less restoration money than other needs, such as toxic cleanups and habitat improvements.

Readmore :    Great Lakes Restoration Initiative Action Plan

Skip Jones to perform March 2

Please come join us for an evening of song and storytelling and a celebration of our place and land.

Tuesday – March 2, 2010  – 7:30 pm

Women’s Federated Clubhouse, across from Peter White Library, on the corner of Front and Ridge.

More about Skip Jones – www.skipjones.net

Beverages and refreshments available

Donations not required but thankfully accepted

For more information, call Cynthia at 360-2414

Rio Tinto Uranium Mine Leak

Uranium mine leak ‘5400 times normal level’

By Emma Masters – http://www.abc.net.au/news/stories/2010/02/09/2814665.htm

9 February 2010

Contaminated water seeping from a mine in Kakadu National Park has a uranium concentration more than 5,000 times the normal level, a Senate estimates committee has heard.

The Office of the Supervising Scientist is the environmental regulator of the Ranger uranium mine, which is owned by Energy Resources of Australia.

The office today told the committee that water seeping from underneath the dam has about 5,400 times the level of uranium than the natural background level.

Greens Senator Scott Ludlam says the environmental regulator told the committee about 100,000 litres of water seeps from the tailings dam every day.

Mr Ludlam says the water has been leaking from the dam for years.

He says the regulator says it will be impossible to rehabilitate the site.

“The uranium concentation in the billabong surrounding the mine are about three to five parts per billion,” he said.

“But the uranium in the processed water that is leaking from beneath the tailings dam is 27,000 parts per billion.

“So it’s roughly 5,500 times as much uramium in that water as there is the surrounding environment and that means the company has got a huge problem.”

He says ERA must make clear the effect it is having on the nearby environment.

“ERA made a quarter of a billion dollars in profit last year,” he said.

“I think the least they can do for the cultural and environmental integrity of Kakadu National Park is do some proper water quality sampling so we know what kind of contamination we are dealing with.”

ERA says it cannot confirm the uranium concentration figure because it says it does not know the context in which it was reported.

The company refutes that 100,000 litres a day are leaking from the dam.

It says the Ranger uranium mine is one of the most environmentally regulated mines in the world.

Woodland Road – Written Comment Accepted Until 20th

Note Sure What to Write?  These articles can help give you a better understanding of the issue:
Woodland Road Analysis by Cynthia Pryor
Woodland Road Comments by David Allen
Part 632 (HAUL ROADS) by Cynthia Pryor

Public Written Comment can be sent to the DNRE until the 20th of February.
Please send to:
Michigan DNRE
420 Fifth Street
Gwinn, MI 49841
Attn: Mike Smolinski

DNRE Meeting Overview
by: Cynthia Pryor

Well, the place was packed. There was a healthy mix of proponents and opponents and you never knew which way the tide was going to swing. The opponents to the road project were well informed and brought good comment to the hearing. (Of course!) Through the diversity of comment many of our issues were brought to the table. I was proud of the showing and maturity of the public comment given. Good work! The proponents were union bosses, business owners and citizens who would be looking for the jobs. The hearing official made it clear that they were looking for comment about the road – not about the mine jobs or side issues. We were all given three minutes and many of us were allowed a second chance at the podium as the evening went on. The public hearing lasted past 9:30 and it was efficiently run by the MDNRE.

The psychological win for me was near the close of the hearing when a man in his 30’s stood up and talked about how he was a multi-generational Yooper, mining was his heritage and he owned a business with 35 workers and they needed jobs and everyone was going O.K. yada, yada and he closed his statement with: And we want Rio Tinto out of here – they will destroy this place! Wow! the crowd was stunned and broke into huge applause and roars of approval. It was great.

Mike Smolinski is the MDNRE wetlands permitting agent and will be the decision maker. We have until the 20th of February to make public comment. There is no time line associated with the decision. I encourage you all to send in multiple entries bringing up as many of the REASONS TO DENY this permit as you can. DO send copies of your comments to the Governor and Rebecca Humphries. DO call the Governor’s hot line. DO take the opportunity to let your voice be heard. We need to win this one.

Solid factual data is the key. Focus on the fact that they do have alternative routes. Focus on the number of wetlands that will be disrupted. Focus on the wildlife issues. Focus on the fact the this is a Kennecott road that will be used to connect the Eagle Mine with the Humboldt Processing facility and as such requires legal approval of an amendment to their Part 632 Mining permit Then DEQ Director Jim Sygo made it clear that Kennecott needed to file an amendment – if they were to construct and use any other road to haul ore – than the one they indicated in their permit (AAA, 510/550). This wetlands permitting process BEFORE they have filed a Part 632 Amendment is nothing more than Kennnecott’s effort to bypass the legal law of the land of the state of Michigan.

My personal thanks to all who attended. Thanks so much for evening out the odds!

Keep it going . .

Cynthia Pryor