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. Photo by Steve Garske, 7-31-2015.

——

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

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

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.”

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. 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

##

FOR IMMEDIATE RELEASE

Contacts:
Kathleen Heideman, SWUP president, president@savethewildup.org
Alexandra Maxwell, SWUP executive director, grassroots@savethewildup.org (906) 662-9987

Eagle Mine Wants Mineral Lease Under Yellow Dog Headwaters!

MARQUETTE – The Eagle Mine LLC, owned by multinational conglomerate Lundin Mining, is seeking a new mineral lease from the State of Michigan for 40 acres of land (NE 1/4 of the NE 1/4 of Section 8, T50N, R29W, Michigamme Township, Marquette County). The Department of Natural Resources’ (DNR) announcement of Lundin’s mineral rights lease application was published on Sunday July 26th, 2015, commencing a legally-required 30-day public comment period.

The targeted land lies three miles west of Eagle Mine’s orebody, and south of the Triple A road. Ecologically, the land ranges from from jack pine and blueberry bushes to inundated wetlands known as the Andersen Creek swamp, critical headwaters of the Yellow Dog River. The DNR lease review acknowledges the Headwaters of the Yellow Dog (Andersen Creek) and noted the possible presence of endangered species and a special conservation area. DNR Fisheries staff recommended “Stipulation 15” be included, minimizing surface disruption. The lead agency reviewer removed Stipulation 15, which would require proper drilling and exploration protocol be followed and approved by the lessor (the state). Multiple reviewers noted the presence of Headwaters, but recommended a “development with restrictions” classification.

“This land is part of a sensitive wetlands complex of more than a thousand acres. Headwaters are where rivers are born! Headwaters are simply not compatible with sulfide mining,” said Kathleen Heideman, SWUP president.

Screenshot: Yellow Dog Headwaters, area of proposed mineral lease.
Source: MDEQ, National Wetlands Inventory data.

“Why does the State bother to write a land management plan for this section of the Escanaba River State Forest? Michigan regulators obviously believe that mining 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! What is the purpose of a public comment period, if no one at the DNR listens to public comments?” asks Gail Griffith, emeritus professor of Chemistry at Northern Michigan University and SWUP board member.

In 2014, Eagle Mine made a similar request, seeking mineral rights to a parcel of public land along the Yellow Dog River. Together, 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 Eagle Mine’s mineral lease request, stating, “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 sent out form letters, and approved the lease without notifying the organizations or individuals who 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 — including your backyard garden, the headwaters of rivers, or the park where your children play,” says Jeffery Loman, former federal oil regulator.

In 2006, the Superior Watershed Partnership (SWP) published the Salmon Trout River Watershed Management Plan which included the recommendation to “prohibit sulfide-based mining” (Page 41). “Since the Salmon Trout River and Yellow Dog River are both high quality systems and share a common watershed boundary the SWP recommendation to prohibit sulfide-based mining would hold true for both watersheds,” explained Carl Lindquist, executive director of SWP. “The potential impacts to groundwater, surface water and Lake Superior are simply too great.”

“When will Michigan realize that public lands belong to the public, not private corporations? Leasing this parcel would simply reinforce the perception that the DNR is acting as a land broker for Eagle Mine,” said Alexandra Maxwell, SWUP executive director. “It is 1.5 miles from the McCormick Tract Wilderness and the Yellow Dog Wild and Scenic National River, and surrounded by historic sites like the Nels Andersen homestead, the Bentley Trail, and the Bushy Camp. Eagle Mine is targeting our communal history.”

“It’s no surprise that Lundin is seeking to lease more minerals,” says attorney Michelle Halley. “Save the Wild U.P., the Yellow Dog Watershed Preserve, and others have known that Eagle Mine is just the beginning of a regional mining development strategy. In the long term, the public will pay a high price for mining projects performed with inadequate permitting, monitoring and enforcement.”

“When Eagle Mine’s drill rigs go after new sites, they call it ‘progress.’ I call it Stage 4. When a cancer patient develops a malignant growth some distance from the primary tumor, we say the cancer is spreading, or metastasizing. It’s bad news, with a poor prognosis for the environment.” says Chip Truscon, SWUP board member.

Dave Allen, board member of the Upper Peninsula Environmental Coalition, expressed concerns about the pristine habitat found on these 40 acres. “We at UPEC are against this new mineral lease. The parcel contains Andersen’s Creek, headwaters of the Yellow Dog River, a rather precious stream and prime brook trout habitat, very rich in good macroinvertebrates — benthic bugs like caddis, flies, mayflies and others — and clean water.”

“Much of this land is relatively undisturbed conifer swamp and pristine shrub-sedge meadow,” says botanist Steve Garske. “These headwaters flow into the Yellow Dog River. If Lundin can drill and potentially locate a sulfide mine here, they can do it anywhere. We need to tell the DNR that headwaters are too special to be mined.”

“We urge concerned citizens to tell the DNR to deny this mineral lease application, or hold a public hearing! This proposal won’t stand up to environmental scrutiny. Headwaters should not be mined,” said Maxwell. Public comment is due by August 26th, and 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.

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

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 maps are available for use with this press release:

Screenshot: Yellow Dog Headwater area of proposed mineral lease. (MDEQ, National Wetlands Inventory data).
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

Suggested caption:
Eagle Mine seeks minerals under Yellow Dog Headwaters. Eagle Mine LLC has applied to the State of Michigan to lease mineral rights under 40 acres of public land in the Escanaba River State Forest (NE 1/4 of the NE 1/4 of Section 8, T50N, R29W, Michigamme Township, Marquette County). This land is part of an extensive Headwater wetlands complex spanning more than 1,000 acres (see National Wetlands Inventory map layers).

##

FOR IMMEDIATE RELEASE

Proposed NPDES Permit Raises Alarming Wetland Implications

MARQUETTE —Grassroots environmental group Save the Wild U.P., reviewing the most recent permit modification request from Eagle Mine, has uncovered several changes with alarming wetland implications.

Earlier this year, there was an exhaustive permit review process for a draft of the same NPDES permit, which authorizes Eagle Mine LLC – Humboldt Mill’s industrial wastewater discharges. At a well-attended Michigan Department of Environmental Quality (MDEQ) public hearing in January, concerned citizens raised serious and substantial objections concerning the addition of a second wastewater discharge point, “Outfall 002,” and expressed outrage over a new pipeline which pumps wastewater a half mile from the Humboldt tailings pit, to the edge of the Escanaba River. MDEQ approved the permit three months ago. On July 2, MDEQ announced it was proposing to the modify permit — again.

If approved, the newest permit modification will authorize the creation of “Outfall 003,” a third pipe from which the mill’s “treated and untreated” industrial wastewater discharges pour into the environment. According to a statement on the MDEQ website, the permit revision comes “in response to citizen concerns.”

“That’s ridiculous,” says Kathleen Heideman, SWUP president. “Citizens remain deeply critical of the MDEQ’s previous permitting decision, allowing degradation of the Middle Branch of the Escanaba River. We asked EPA Region 5 to veto that NPDES permit, in fact, because it was so deeply flawed. Now they’re already revising it. Adding a third discharge point does not address citizen concerns about environmental degradation. The pollution remains unchanged. MDEQ is supposed to be protecting the Middle Branch of the Escanaba River as a coldwater trout stream.”

The MDEQ’s public notice announcement states, “The only change to the permit is to add another outfall location, 530 feet west of their original outfall. Both outfalls discharge to the same wetland.”

The statement is misleadingly oversimplified. While Outfall 003 would be only 530 feet west of Outfall 001, the route taken by the wastewater will be strikingly different. “Wastewater discharged from Outfall 003 would enter the Middle Branch of the Escanaba River at a location at least a mile upstream from Outfall 001. In short, Eagle Mine’s total environmental footprint is expanding again,” says Alexandra Maxwell, SWUP’s interim director.

1 = Outfall 001
2 = Outfall 002
3 = (proposed) Outfall 003
4 = Humboldt Wetland Mitigation Bank
5 = Humboldt Tailings Disposal Facility (pit)
(*) = asterisks indicate Middle Branch of the Escanaba River.
Note: according to the MDEQ’s Steve Casey, “the dominant flow path has historically been along US-41 to Wolf Lake Road” via culverts and ditches (red line), but recent culvert changes in this area have removed impediments to flow, enabling the proposed (pink) flow path.

“Calamitous violations of clean air and water catch our attention, but the more common damage wrought by a thousand small cuts becomes routine and acceptable. That’s the modern way of doing ourselves in: slowly, progressively, inattentively,” says Jon Saari, SWUP’s vice president.

The path of the wastewater raises the most troubling aspects of the proposed permit. The addition of Outfall 003 would divert a portion of the mill’s wastewater to a new location. It will be dumped into a poor-quality cattail wetland adjacent to the Humboldt Pit, a site already polluted by historic mine tailings discharge. From there, the wastewater will flow north, passing underneath US-41 through a culvert before entering the Humboldt Wetland Mitigation Bank property, en route to the Escanaba river.

“Wetland mitigation banks are supposed to replace functional wetlands destroyed by development. Owners of such banks are given credit for restoring functional wetlands.  I find it incredible that this mitigation bank will be allowed to receive wastewater from the Humboldt Mill,” says Gail Griffith, emeritus professor of Chemistry at Northern Michigan University and SWUP board member.

“This whole thing is highly unusual. I spoke to a staffer from Michigan’s Tip of the Mitt Watershed Council, someone familiar with NPDES permitting requirements and regulations concerning wetlands preservation, and they could not think of another situation in which a wetland mitigation bank would be allowed to intentionally receive wastewater discharges from a mine’s tailings facility,” says Heideman.

The Humboldt Wetland Mitigation Bank, registered with the State of Michigan, and owned by local aggregate company A. Lindberg and Sons, has the stated goals of “Water Quality Improvement, Flood Storage, and Wildlife Habitat.”  “It seems like this permit modification is being done for the benefit of channeling Eagle Mine’s wastewater into Lindberg’s wetland mitigation bank. According to the permit files, Lindberg is also the contractor designing and constructing this outfall. Isn’t that a conflict of interest on several levels?” asks Maxwell.

“Obviously, we have real concerns about the current and future biological integrity of this wetland mitigation bank. Comparing the Eagle Mine’s water balance diagrams, it’s clear that the underlying hydrology was misinterpreted. Previously, this area received groundwater that escaped through the unconsolidated north wall of the Humboldt Pit. After Eagle Mine reinforced the pit wall with a bentonite dam, the hydrology changed. Now the wetland mitigation bank needs water, so Eagle is proposing to intentionally divert some industrial wastewater in their direction? The proposed discharge plan is illogical at best — illegal at worst,” says Heideman.

Under Michigan law, R 281.954, Rule 4, “(1) A mitigation bank is a site where wetlands are restored, created, or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of the unavoidable loss of wetlands authorized by the act. A mitigation bank shall be maintained in perpetuity. (2) The objective of mitigation banking is to provide for the replacement of chemical, physical, and biological wetland functions (….) Single function, low quality wetlands, such as wastewater ponds, will not qualify as mitigation sites.”

MDEQ, in issuing the current NPDES permit, granted Eagle Mine an exemption to the Clean Water Act’s critical antidegradation policy, based on the mine’s claim that water quality degradation in the Escanaba River watershed is necessary to accommodate “economic and social benefits” in the area — a claim debated by many local residents, environmentalists, and the Keweenaw Bay Indian Community, which views degradation of the watershed as a threat to treaty-protected resources.

“Humboldt Mill’s NPDES permit authorizes discharges that will, in the short term, degrade water quality in the Escanaba watershed. But it would be manifestly unreasonable, and clearly contrary to Michigan law, for the MDEQ to allow these industrial wastewaters to enter a state-registered wetland mitigation bank,” says Marquette attorney Jana Mathieu.

“Mitigation banks are required to be protected from contaminants, reviewed for biological integrity, and maintained in perpetuity. Anything less would be contrary to the administrative code which governs wetland mitigation banking,” according to Heideman.

“I can’t believe the laws (regulating wetland mitigation banks) intended for the landowner to dig out sand and gravel for commercial sale, let the hole fill with water, including contaminated water seeping from an old tailings basin, and wastewater discharges from the processing of copper-nickel-sulfide ore at Humboldt Mill, let whatever aggressive, weedy invasive plants that are around move in, put up “no trespassing” signs and call it wetland mitigation. Is anybody monitoring this? Something’s gotta be wrong,” says Steve Garske, botanist and SWUP board member.

Save the Wild U.P. requested a site visit to review the Humboldt Wetland Mitigation Bank, but has received no response from the bank’s sponsor, A. Lindberg and Sons; MDEQ’s Water Resources Division declined to facilitate the site visit.

No public hearing has been scheduled. SWUP encourages concerned citizens to submit written comments, or request a public hearing for further review of this proposed permit modification and related environmental impacts. “Mine permitting keeps getting streamlined for the benefit of industry, while concerned citizens find the process time-consuming and opaque. Before the ink is dry on a permit, it is being revised, with additional loopholes and leniencies inserted. It is up to concerned citizens to follow every revision, ask questions, and loudly demand that due process be followed,” says Maxwell.

Public comment is due by August 3, 2015. Written comments should be submitted to the MDEQ’s Samuel Snow, by email: snows2@michigan.gov or by mail to: Samuel Snow, Permits Section, Water Resources Division, Department of Environmental Quality, P.O. Box 30458, Lansing, Michigan 48909.

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 or follow SWUP on Facebook at facebook.com/savethewildup or Twitter @savethewildup.

Editors: the following photos are available for use with this press release.

Aerial photograph showing the location of Humboldt Mill’s tailings pit, discharge points, and environmental footprint. Sizes available:  700 px wide or original, 4608 px wide.

Suggested Caption:
1 = Outfall 001; 2 = Outfall 002; 3 = (proposed) Outfall 003; 4 = Humboldt Wetland Mitigation Bank; 5 = Humboldt Tailings Disposal Facility (pit); (*) = asterisks indicate Middle Branch of the Escanaba River. Note: according to the MDEQ’s Steve Casey, “the dominant flow path has historically been along US-41 to Wolf Lake Road” via culverts and ditches (red line), but recent culvert changes in this area have removed impediments to flow, enabling the proposed (pink) flow path.