Expected Time Line for Major Decisions

Mid-January or beyond – EPA Draft decision is expected. Public hearing dates will be announced at that time which are expected to be scheduled 60 days from the draft decision.

Mid-April – USFWS will announce whether or not the Coaster Brook Trout qualifies under the Endangered Species Protection Act.

Anytime – A recommendation is expected from the administrative law judge in Lansing, Richard A. Patterson, based on evidence and testimony presented by the National Wildlife Federation, Keweenaw Bay Indian Community and the Huron Mountain Club over the course of last summer. His recommendation is sent to Michigan DEQ Director Stephen Chester for a final decision.

February 12 – Rio Tinto has announced that due to the sagging global economy, some of their projects, including Eagle, could be axed. Kennecott is proceeding into the future with caution.

Holiday SWUP Wish List

Our office is so busy, we rarely get the opportunity to go shopping, let alone have the extra funds to purchase special holiday wishes. Here are a few suggestions for Santa if he decides to swing his sleigh down North Third Street on Christmas Eve!

Teresa would like a new roller paper cutter. Scott is hoping for a new Apple computer for video editing and Kristi would like to upgrade two computers with LCD, 19-20’ flat screen monitors. Other suggestions include upgraded signage for our building, a coat rack, ink cartridges for printing and postage stamps.

HO! HO! HO! and happy holidays to you all!

Students Against Sulfide Mining 2009 Calendar Now Available

Pick up your 2009 edition of the Students Against Sulfide Mining Outdoor Adventure Calendars.

Available at the Save The Wild UP office (413 Third Street, Mqt.). These collector’s items feature nature-loving student activists set against stunning UP landscapes, all at one low price of $15.

Folks can also purchase calendars by mailing a check or cash to: SASM, Box 44 University Center, Marquette, MI 49855. Make sure to include $2 for shipping and your correct delivery address.

Sulfide Mining Documentary YouTube Clips and DVD Ordering

Mining Madness, Water Wars: The Great Lakes in the Balance
A Documentary Film on Sulfide Mining

“Mining Madness, Water Wars: The Great Lakes in the Balance” is a timely, compelling documentary that lays bare a controversial proposal to blast a mine beneath a blue ribbon trout stream in Michigan’s Upper Peninsula.

The 33-minute story is told through the passionate voices of scientists, community activists, tribal officials, and others who care about protecting our most precious asset water. Watch a short excerpt that focuses on one aspect of the controversy — the apparent disregard for Native American treaty rights.

Despite extensive scientific testimony that the project’s flaws could place workers in peril and jeopardize a Lake Superior tributary and its watershed, citizens and environmental organizations have found the state’s leadership unresponsive and now look to the justice system for resolution.

“Mining Madness, Water Wars: The Great Lakes in the Balance” was underwritten by the Charles Stewart Mott Foundation and produced by Brauer Productions, Inc. and Summit Public Relations Strategies, LLC.

Below are clips from the movie:

[youtube]http://www.youtube.com/watch?v=NwFT1cuRyrY[/youtube]

[youtube]http://www.youtube.com/watch?v=5t-TrOCibjk[/youtube]

[youtube]http://www.youtube.com/watch?v=0b3efzkGmZk[/youtube]

[youtube]http://www.youtube.com/watch?v=gheTH8ktXb4[/youtube]

[youtube]http://www.youtube.com/watch?v=xa2n3IfYsi8[/youtube]

Clean Water Concert hosted by Yellow Dog Watershed Preserve

Seth Bernard and Daisy May Erlewine will be playing at A Clean Water Concert on December 19, 2008 at 7pm. This benefit concert will be held at the Messiah Lutheran Church in Marquette (305 W. Magnetic St.) and donations will be accepted at the door. All proceeds will go to the Yellow Dog Watershed Preserve and their work to keep the Yellow Dog River clean and the ecosystem healthy. Seth and Daisy May play an eclectic array of music with acoustic sounds such as folk, country, and rock music. They are part of a group known as Earthwork Music, comprised of musicians with a deep respect for nature. For additional information or questions, call 906-345-9223 or visit http://www.yellowdogwatershed.org.

Humboldt Township Board Lends Kennecott Support

Another One Bites the Dust?
December 8, 2008

Humboldt, MI – Humboldt Township board members presented a new letter of support welcoming Kennecott-Rio Tinto to its recently-purchased milling facility at the township’s regular board meeting, Monday. The board also welcomed new Township Supervisor, Joseph Derocha, and thanked Marvin Ruspakka, also present, for his years of service as Humboldt supervisor.

Derocha presented the letter of support as a follow-up to discussions between Kennecott-Rio Tinto and the township, this past spring, that led to a May 12, 2008 resolution of support for the company’s mill plans. However, a letter was not drafted at that time.

“The letter of support I think comes as kind of a surprise, at this point, if it’s been sitting around since May,” said Kristi Mills, Big Bay resident and Save the Wild UP Director. “We’re disappointed to hear that you’re supporting Kennecott.” Mills recommended that the board act “with caution when dealing with Kennecott.” According to Mills, “They’re a company that has a long track record of manipulating communities and taking advantage of the little guys.”

The support letter, addressed to Eagle Project Manager Jon Cherry, expresses the township board’s intention to “expedite any local unit governmental operating permits that will be required” from the township for re-opening the old mill. The mill has been used, historically, to process ore from Callahan Mining’s Ropes Gold Mine and was leased for iron ore use.

The letter also expressed the board’s belief that Kennecott-Rio Tinto would adhere to their verbal “commitment to safe ecological practices”.

In public comment, one citizen expressed his unease with supporting Kennecott-Rio Tinto, claiming that his water has already been contaminated by operations in the past.

The unanimous letter surprised Teresa Bertossi, from Save the Wild UP. According to Bertossi, not all Humboldt Township board members have supported Kennecott-Rio Tinto’s Eagle Mine and Humboldt plans in the recent past.

Mills urged the board to be vigilant in its oversight of the project “because the DEQ [Michigan Department of Environmental Quality] is handling a lot of the oversight and regulation of any permits…they’re understaffed, they’re underfunded. They can’t do the job they’re doing right now effectively. On September 11, 2008, DEQ Director Steven Chester told officials in lower Michigan, “We simply don’t have the kind of funding we need to adequately implement the laws we’re required to implement.”

The Humboldt board also expressed an interest in revamping its road ordinances, in order to plan for Kennecott/Rio Tinto’s planned South Road. The road would cross over the Yellow Dog River and wetlands while utilizing some existing segments of the Wolf Lake Road.

The company has been listed in the meeting agenda for three consecutive months but has not made a presentation due to scheduling conflicts. Kennecott-Rio Tinto’s newly-hired Matt Johnson attended a free township lunch, earlier in the day, but did not attend the public meeting. The board agreed to draft a letter to the company requesting a presentation at their next regular meeting. According to Derocha, the board was “assured that they would be here” and “the public would like some answers and would like to know what is going on.”

In early November, Johnson resigned from his post as Michigan Governor Jennifer Granholm’s UP District Representative to work as a lobbyist and community relations manager for the company. Previously, he was the Governor’s contact for the metallic sulfide mining issue.

Derocha maintained that his board is concerned about the local environment, as well as the economy, and urged a respectful discourse between opponents and proponents of the company’s projects.

Humboldt Township meets the second Tuesday of each month. Kennecott-Tinto is expected to present at the 7pm January 13, 2009 meeting.

Coaster Desision Delayed

The US Fish and Wildlife Service (USFWS) is postponing a decision on the listing of the coaster brook trout (Salvelinus fontinalis) as endangered, under the federal Endangered Species Act. The agency is expecting to reach a final decision by April 15, 2009.

In February, 2006, the Sierra Club and Huron Mountain Club (HMC) filed a joint petition with the USFWS to seek protection for the coaster, under the Endangered Species Act.

The USFWS cited the recent completion of a genetics study as the reason for the delay. Kim Scribner, professor at Michigan State University’s (MSU) Department of Fisheries and Wildlife, co-authored the study with other researchers from MSU and Michigan Technological University.

Jessica Hogrefe, biologist from the USFWS’s Division of Endangered Species, said that the new genetics information is “important to consider” and that preparing for a decision on the coaster is “a high priority.”

According to the Michigan Department of Natural Resources (DNR), Isle Royale National Park provides habitat for two, distinct, strains of coasters, Tobin Harbor and Siskiwit. The DNR raises and stocks these strains, as well as the Nipigon strain. Efforts have been made, recently, to reintroduce coasters into the Mosquito, Seven Mile and Hurricane Rivers at Pictured Rocks National Lakeshore. According to the DNR, the coasters, once abundant in Lake Superior tributaries and along the coast, faced a rapid decline as a result of overlogging in the 19th century, overfishing and introduction of the sea lamprey, in the 1950s. The introduction of non-native fish species, such as Pacific salmon also contributed to the decline.

Kennecott/Rio Tinto’s metallic sulfide mine project, on the Yellow Dog Plains, threatens the last remaining, naturally reproducing, population of coasters on the southern shore of Lake Superior. Coaster reproduction is dependent upon stable water temperatures produced by groundwater upwelling and is also affected by increased stream sedimentation. Fish populations are also affected by acid mine drainage and increased levels of toxic heavy metals. Kennecott plans to release 184,000,000 gallons of treated wastewater into groundwater adjacent to the Salmon Trout if it receives an Underground Injection Control permit (UIC) from the Environmental Protection Agency (EPA).

Kennecott has already contributed to soil erosion into the Salmon Trout River. In April 2005, a culvert that Kennecott designed and the Michigan Department of Environmental Quality approved, failed, dumping an estimated 98 tons of sediment into a branch of the Salmon Trout River.

Kennecott, and the Michigan Department of Environmental Quality, both neglected to consider the effects of blasting on the coaster population. As a result of fish studies showing the effects of detonating explosives nearby, Alaska now has laws protecting fish from the effects of underground blasting. According to the Alaska Department of Fish and Game, blasting “within, beneath or adjacent” to a “fish-bearing waterbody” can damage fish eggs and traumatize or kill fish, causing damage to scales and internal organs, primarily the swim bladder.

The Michigan Chapter of Trout Unlimited (MCTU) has, repeatedly, expressed concern for the coaster’s safety.

On April 10, 2007, Patrick Kochanny, MCTU Chairman, issued a press release stating that “Trout Unlimited and the Michigan Council strongly oppose this project, and believe that it is in the best interest of the State of Michigan and the Salmon Trout River to deny Kennecott’s application at this time….We are seriously concerned that analysis and review of the permit application may not have been conducted properly.”

Kochanny said this position was made at a March 30, 2007 meeting, following an extensive review of Kennecott’s mining application by “outside experts” and commented that “there is no room for error” when considering projected impacts to the Salmon-Trout River spawning grounds.

Hogrefe emphasized that the agency is still accepting information up until April 15 and the sooner they receive information, the better.

The USFWS has found itself involved in another facet of Kennecott/Rio Tinto’s mine plan. In September 2008, the agency requested the EPA to determine whether Kennecott’s mine plan would affect the endangered Kirtland’s warbler and the threatened Canada lynx. The EPA will also have to consider the threatened gray wolf. The USFWS noted that the warbler was found, near the mine project area, and that the region hosts habitat that could contain the Canada lynx. Because the EPA is mandated only to consider federal law in its actions it cannot consider potential impacts to the coaster until the species is listed under federal jurisdiction.

“The EPA was expected to issue a draft decision on Kennecott-Rio Tinto’s injection permit in December 2008. However, further information was required from the company, delaying a decision until at least late January 2009. If the coaster is listed, as endangered, following approval of the company’s permit, the EPA would have to reconsider its decision.”

Over 250 Attend Film Critical of DEQ and Kennecott in Marquette

Over 250 people attended a December 7 showing of the National Wildlife Federation’s (NWF) new film, “Mining Madness, Water Wars: The Great Lakes in the Balance.” The film was shown at Northern Michigan University.

The film focused on questionable behavior, at the Michigan Department of Environmental Quality, in permitting approval of Kennecott’s Eagle Mine application and featured members of the Keweenaw Bay Indian Community (KBIC), mining, geology and water quality experts, as well as UP State Senator, Mike Prusi.

Retired mining engineer and expert on local mine geology and rock mechanics, Jack Parker, attended the showing and participated in a panel that answered audience questions. According to Parker, because Kennecott’s plan is riddled with “errors and omissions” and looks like “an amateur had written the application,” the plan is “all bullshit” and the DEQ should “throw it out.”

Parker, who says he is adamantly “not against mining,” has over 60 years of mining experience and has worked on over 500 mining operations, including about ten years at the White Pine Mine.

According to Parker, Kennecott plans to leave much of the ore behind, taking only the richest available. Parker maintains that, since much of the ore is owned by the people of Michigan, mining only the high-grade and leaving the rest is “not responsible mining.”

The film focuses on the cover-up of a rock mechanics report highly critical of Kennecott’s mining operation. In March 2007, the DEQ was forced to withdraw proposed approval of the project when NWF pressed the agency for a report, commissioned by the DEQ, that criticized Kennecott for not using “industry best-practice” and maintained that the company’s conclusions were “not defensible.” The report noted the possibility that the roof of the mine could collapse, endangering workers and draining a branch of the Salmon Trout River.

In the initial report, reference was made to local mines, with similar geology, that have suddenly collapsed. This has occurred at the Athens Mine, west of Marquette. Subsequent versions of the report omitted any reference to case history that could affect permitting of Kennecott’s project.

Joe Maki, geologist with the DEQ’s Office of Geological Survey and Mine Team Coordinator for review of Kennecott’s application, acknowledged that he personally discarded the report, considering it “not useful” and “too technical.” Maki was absolved of wrong-doing through an investigation conducted by an unqualified former DNR employee who interviewed only DEQ employees for his assessment.

In the film, Senator Prusi said that Kennecott has not shown “good corporate stewardship” at some of its other operations and that he is “not fully confident” in the Michigan DEQ’s ability to monitor Kennecott’s activities effectively. Prusi acknowledged possessing little knowledge regarding the legal importance of Native American treaty rights.

KBIC member Pauline Spruce said that Kennecott’s plans to construct its mine portal at Eagle Rock, a culturally-significant site for area Native Americans, violates the Native American Freedom of Religion Act of 1979.

The film highlights communication from the DEQ’s Steve Wilson referring to Native American treaty rights as a “trump card” that could affect approval of the Eagle Mine.

According to NWF attorney, Michelle Halley, who hosted the event, at a recent contested case involving the DEQ’s mine project approval not one of Kennecott’s witnesses would personally guarantee the success of any portion of the mine.

Engineer Dr. Stanley Vitton, from Michigan Technological University, said that he was “shocked” when he discovered that companies can drill, without a permit, in nearly every part of the Western UP and cited Kennecott’s mine safety projections as inadequate. “Five percent [fail rate of the mine’s roof] is not acceptable.”

Parker compared Kennecott’s mine plan to a used car that looks decent, initially, but upon closer inspection has “doors that don’t fit,” “drips” and, when you kick the tire, “the wheel falls off.” According to Parker, Kennecott’s application is “deceptive, therefore illegal.”

Under Michigan’s new metallic mining laws, “A person who…intentionally makes a false statement, representation, or certification in an application for or form pertaining to a permit…is guilty of a felony and may be imprisoned for not more than 2 years.”

According to Halley and film co-producer, Angela Nebel, NWF plans to organize future showings of the film throughout the state. The film will be available on the NWF website.