EPA Objects to the Issuance of Aquila Back Forty Wetland Permit

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STEPHENSON, MI — The Front 40 Environmental Group and the Mining Action Group (MAG) of the Upper Peninsula Environmental Coalition (UPEC), along with their regional environmental allies and fishing organizations, applaud the Environmental Protection Agency’s (EPA) significant objections to the issuance of the Aquila Back Forty Wetland Permit.

The EPA’s objections were announced in a March 8th letter to the Michigan Department of Environmental Quality (DEQ). Federal concerns are detailed in a supporting document, representing the combined comments of the EPA, the U.S. Fish and Wildlife Service (USFWS) and the U.S. Army Corps of Engineers. The EPA’s letter identifies seven primary areas of concern regarding the wetland application, and directs the DEQ to resolve those concerns within 90 days. If not resolved in that time, DEQ is directed to deny the permit for the mine.

EPA’s objections include:

  • Aquila’s failure to provide a complete description of the project, including a final site plan showing the final location of key features of the project, a proposed power plant, planned underground mining facilities, and stormwater and mining water management facilities.
  • Lack of relevant information on the stability and integrity of the mine pit to be located on a bluff above the Menominee River, including an analysis of slope stability and erosion of the river bank.
  • The application “states that the project will not adversely affect water quality of the Menominee River but does not explain how the project will be managed to ensure discharges will meet water quality standards, including sufficient monitoring locations, minimization measures, and adaptive management procedures to prevent leaching of toxic compounds from mine storage facilities and from the mine pit into the River.”
  • Aquila’s failure to adequately characterize secondary impacts to wetlands and “lacks information regarding the extent of wetlands that will be impacted by the project and how these wetlands will be affected by the proposed project’s Menominee River drawdown of some 125,000 gallons per day.”

Critically, the EPA found that Aquila failed to provide adequate support for their determination that “offsite upland alternatives for some mine features (e.g., tailings storage) are not practicable”, and that they did not provide “needed information to determine whether some 500 acres of wetlands and uplands that were selected for preservation meet statutory requirements to be used as wetland and stream mitigation.”

Unless Aquila Resources satisfactorily resolves all of the EPA’s objections within 90 days, the DEQ cannot issue a Wetlands Permit for the Back Forty Project.

The Michigan DEQ continues their review of the Aquila Back Forty Wetland application, recently sending a letter to the company asking them to respond to more than 34 pages of detailed public comments, selected and synthesized from approximately 3,420 total written comments received on the Wetland application by the DEQ’s Water Resources Division. Aquila was asked to respond by March 23rd. http://bit.ly/DEQ-to-Aquila-PublicComments

“We are thrilled to see EPA leading the charge to protect Michigan’s world-class waters and habitat from the potentially devastating impacts of the Aquila mine development,” stated Cheryl Kallio, Associate Director for Freshwater Future. “We are proud to support the efforts of groups like Front 40 and UPEC Mining Action Group, who are leading the charge to evaluate this complex permit application, helping ensure decision makers within these federal agencies have the facts they need to do their job protecting Michigan’s wetlands.”

“The Aquila Back Forty property, as viewed from Wisconsin side of the Menominee River. A large open pit sulfide mine is proposed for this site.” March 10, 2018. Photo by Deborah Skubal.

“We’ve opposed the Back Forty project since 2003. Fifteen years later, we still object. We are fighting to protect the Menominee River from this disaster-waiting-to-happen. We are encouraged by EPA’s objections to the Wetland permit, and we expect to see this dangerous permit denied,” said Ron Henriksen, spokesperson for the Front 40 Environmental Fight.

According to a statement released by Great Lakes Council of Fly Fishers International President Dennis O’Brien and Conservation Chair Dave Peterson, “The Great Lakes Council is pleased that the U.S Environmental Protection Agency recognizes the significant deficiencies in the Aquila application. This mine poses a threat to the health of the Menominee River and its fishery. The Council is pleased to support the wetlands analysis submitted as part of the permit review process.”

If fully permitted, the Back Forty would be a large open-pit sulfide mine on the bank of the Menominee River, the largest watershed in the Upper Peninsula of Michigan, 100 feet from the water. Aquila proposes to process ore on-site, using cyanide and other chemicals. Tailings waste will be stored permanently at the site. Geochemical testing shows that most of the rock is “reactive” or capable of producing acid mine drainage (AMD) when exposed to air and water. AMD devastates watersheds. It is difficult and expensive to remediate, and may continue leaching from the tailings into surface and groundwater for hundreds or thousands of years.

Under Michigan regulations, Aquila bears the burden of demonstrating that either (a) the proposed activity is primarily dependent upon being located in the wetland, or (b) there are no feasible and prudent alternatives, and must use all practical means to minimize impacts to wetlands. An independent review of the Wetland permit by Dr. Kendra Zamzow of the Center for Science in Public Participation concludes, “The mining permit and wetland permit are inextricably linked.” The Wetland Permit application, however, relies upon a facilities design for the mine site which is significantly different from the design presented in the Mining Permit Application, and “pose risks to wetlands that have not been analyzed.”

“Aquila seems to present different information depending on its audience. It applied for permits for an open pit mine operation of 7 years, while telling investors that the project will include underground mining and operate for 16 years. Our review found that Aquila collected inadequate data on groundwater flow and used textbook values, off-site data, and estimated values for certain parameters in its groundwater models. Based on flawed and inaccurate models, Aquila makes the ridiculous claim that this mine will have ‘NO IMPACTS’ on wetlands just outside the project boundary, the adjacent Ecological Reference Area, and wetlands that straddle the property line,” said MAG member Steve Garske.

“We are encouraged by the diligent approach to qualifying and quantifying the serious issues involved with the Aquila application. The combined comments of the EPA, USFWS, and the Army Corps of Engineers mirror many of our own concerns about this mining company’s plans. As fisher folks and as individuals, we are working to protect water quality for our safe enjoyment of the Menominee waterway – and Lake Michigan. The affected parties are justifiably anxious about the significant environmental impacts effects of the Back Forty mine. We urge environmental regulators to be extremely wary in dealing with Aquila. We hope the entire wetland application gets turned down – flatly,” said Jerry Pasdo, president of the Wisconsin Smallmouth Alliance.

“The Back 40 proposal poses serious risks to drinking and surface water in the region and therefore requires thorough scrutiny.  We are especially concerned about impacts to the ancient sturgeon population in the Menominee River and Lake Michigan that many partners have invested in restoring over the last few years,” said Allison Werner of the River Alliance of Wisconsin.

“EPA’s objections align with our concerns. The Wetland permit application is shoddy, full of untested assumptions about wetland hydrology. The whole scheme hinges on a facility design for the Back Forty mine that no one has reviewed, much less approved,” said Kathleen Heideman, a member of MAG.

Front 40 and the Mining Action Group of the Upper Peninsula Environmental Coalition expect that  the Aquila Back Forty Wetland Permit application, after thorough examination by federal and state regulators, must ultimately be denied.

“Aquila seeks to destroy almost thirty acres of wetlands in order to build a sulfide mine on the bank of the Menominee River. Their permit application is clearly unlawful. This is an alarming proposal, given the proximity of wetlands to the river. The total wetland impacts are underestimated due to flawed groundwater modeling, and additional years of underground mining which would expand the drawdown, with devastating effects on the surrounding ecosystem,” said Heideman.

A diverse coalition of fishing groups, residents, tribal members and environmental groups are united in their opposition to the Aquila Back Forty project. Downstream communities are worried about potential impacts to drinking water and tourism, and have passed nearly two dozen resolutions against the project. “The Menominee is a valuable resource that shouldn’t be damaged or destroyed, which is why I’m working hard to protect it from the proposed Back Forty mine. I don’t want to lose the river to a polluting – sulfide mine,” said Dick Dragiewicz, an avid fisherman.

“Open water on the Menominee River, near the proposed Aquila Back Forty sulfide mine.” Photo by Lea Jane Dale, Coalition to Save the Menominee River.

Fundamental objections to the Aquila Back Forty project remain unresolved. While the Wetlands permit has been under review, two contested case petitions have been filed: one by an adjacent landowner, and another by the Menominee Indian Tribe of Wisconsin, supported by Earthjustice.

“Wetlands are strictly protected under both state and federal law. Before wetlands can be destroyed, Aquila needs to demonstrate that impacts are unavoidable. They failed that test. This permit cannot pass muster with environmental regulators,” said Heideman.

“I was amazed by the EPA’s strong letter in defense of wetlands. Aquila’s mine threatens the cultural and natural resources of the Menominee people, and a globally unique habitat known as the Shakey Lakes Savanna. The Menominee River is the worst possible place for an open-pit sulfide mine. Aquila’s plan for on-site milling is especially dangerous, and would needlessly destroy wetlands. Issuing the Back Forty Wetland Permit would violate the Clean Water Act,” said Horst Schmidt, president of the Upper Peninsula Environmental Coalition.

SUPPORT

Independent review of the Aquila Back Forty Wetland permit was made possible by the generous support of groups and individuals concerned about the future health of the Menominee River. Working collaboratively, the Mining Action Group of the Upper Peninsula Environmental Coalition and the Front 40 secured grants and donations from Freshwater Future, Superior Watershed Partnership, the Western Mining Action Network, DuPage Rivers Fly Tyers (DRiFT), Northern Illinois Fly Tyers (NIFT), Badger Fly Fishers, M&M Great Lakes Sport Fisherman, Wisconsin Smallmouth Alliance, Fly Fishers International, Great Lakes Council of Fly Fishers International, the Emerick Family Fund, and from many individual fishing enthusiasts throughout the Great Lakes area.

“Sixty Islands section of the Menominee River, riparian wetlands located approximately 200 feet from the proposed Project Boundary. Aquila Back Forty Mine site, January 9, 2018.” Photo by Kathleen Heideman, Mining Action Group.

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Mission of the Upper Peninsula Environmental Coalition

Founded in 1976, the Upper Peninsula Environmental Coalition’s purpose remains unchanged: to protect and maintain the unique environmental qualities of the Upper Peninsula of Michigan by educating the public and acting as a watchdog to industry and government. UPEC is a nonprofit, registered 501(c)(3) organization. For more information, call 906-201-1949, see UPenvironment.org, or contact: upec@upenvironment.org.

Mission of the Mining Action Group
The UPEC Mining Action Group (MAG), formerly known as Save the Wild U.P., is a grassroots effort to defend the clean water and wild places of Michigan’s Upper Peninsula from the dangers of sulfide mining. Contact the Mining Action Group at info@savethewildup.org or call (906) 662-9987. Learn more about the Mining Action Group at miningactiongroup.org.

Mission of the Front 40 Environmental Fight

The Front 40 is a grassroots organization that was formed in early 2003 in response to the threat of a metallic mineral mine potentially being developed on the shores of the Menominee River in Lake Township, Michigan. It is the principal objective of the Front 40 Environmental Group to ensure that metallic sulfide mining operations are not allowed to adversely impact our rivers, lakes, groundwater and lands. Learn more about the Front 40 group: menomineeriver.com

Coalition To Save The Menominee River

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Guest article by John Engel 

The Coalition to Save the Menominee River was created on April 7, 2017. The coalition was created by a group of Michigan and Wisconsin residents who live near the proposed Aquila Back Forty mine or downstream of the mine site on the Menominee River. The purpose is to collectively focus their needs of representation in order to vocalize their concerns. The elected representatives are not listening to their constituents about the damage the Back Forty Mine will do to the environment, the reduction of their property value, and how it will affect the long term economic benefits of a clean Menominee River. The Coalition applied and has received 501(c)(3) and tax exempt status.

BACKGROUND – AQUILA BACK FORTY PROPOSAL

A private water well was drilled early in 2001 and zinc-rich minerals were discovered. Follow-up drill testing of the geophysical anomaly resulted in the discovery of a massive sulfide deposit containing Gold, Silver, Copper, Zinc, and Lead.

  • To date, over 500 diamond drill holes have been drilled over 125,000 meters in which polymetallic ore minerals has been verified from the surface to depths exceeding 700 meters.
  • Rumors of large mineral deposits and possibly an open pit mine were common until 2006 then the exploratory drilling activity subsided, as well as the rumors.
  • Unbeknownst to the general public, Mineral Processing began purchasing land, acquiring mineral rights beginning in 2003.
  • In 2010, the name changed to Aquila Resources which owns 580 acres of land adjacent to the Menominee River near the Shaky Lakes in the Upper Peninsula of Michigan.
  • In 2007, Environmental Resource Management was contracted to conduct an Environmental Baseline Study and Aquila Resources was quietly proceeding with the environmental site work and engineering to obtain mining permits.
  • On November 12, 2015 Aquila submitted their proposals for the mining permits. The project was quietly moving forward until the August Menominee County Journal article stating the Michigan Dept. of Environmental Quality found the application to mine was administratively complete with a public hearing in October of 2016.

As of this writing, Aquila has been granted three of four final permits by Michigan’s Department of Environmental Quality (DEQ): the Nonferrous Metallic Mineral Mining Permit, the Air Use Permit to install, and the Pollutant Discharge and Elimination System Permit. These permits have been granted, but each permit has many pages of conditions attached which have to be met prior to the permit being effective.

WETLAND PERMIT CONTROVERSY

The Wetlands Permit application was submitted and withdrawn in 2016 by Aquila, and resubmitted in 2017. On January 23, 2018 the Michigan DEQ held a public meeting in the Stephenson Michigan High school. The purpose of the public meeting was to gather public opinion regarding the proposed Back Forty Mine Wetland Permit. The number of attendees exceeded 300 with 4 people speaking in favor of the mine and 84 opposing the mine. The Wetland Permit announcement (of decision) was scheduled for April 9, 2018; however the date has been delayed. Michigan DEQ allowed the public to submit written comments on the mine until February 2, 2018 at which time they received greater than 3400 comments and requests for additional information. In response to the public comments, the Michigan DEQ has submitted a 34 page letter of questions to Aquila Resources to verify inconsistencies in their wetland permit application. Aquila has 20 days to respond to the letter which was dated March 2, 2018. The response from Aquila is required before the Michigan DEQ can make a decision on the wetlands permit. If the wetlands permit is issued, site specific conditions will likely have to be met before the wetlands permit is deemed effective.

GROWING OPPOSITION TO BACK FORTY PROJECT

On March 1st, the author traveled to a Coalition to Save the Menominee River meeting. The meeting was held in the Wagner Town Hall on the Wisconsin side of the Menominee River near the McAllister Bridge. Surveys were handed out to a number of the people attending who lived on the river or near the proposed mine site.

The chairman of the group, Dale Burie, opened the meeting with a prayer for the river and the attendees. Dale proceeded with the agenda, providing updates on the Wetlands permitting process, the Menominee Nation’s Clean Water Act federal lawsuit, a treasurer’s report, various public events opposing the Back Forty Mine, future fund raising events, the lack of objective journalism by the Marinette Eagle Herald newspaper, and the lack of representation by their elected officials. Approximately 40 people attended the meeting. After the meeting, I met with each of the people who completed the survey. The news media, industry, and environmental organizations tend to focus on job creation or environmental harm; I propose we meet a few of the people who will be most affected by the Back Forty Mine.

CONCERNED CITIZENS

Dennis and Andrea Piontek retired 2 ½ years ago and live in their retirement home. They worked and saved to build their dream house on river 10 miles downstream of the proposed mine. Prior to building, they saw some signs about a mine but they were assured the investors backed out and the mine was a non-issue. Dennis and Andrea enjoy nature, clean air, clean water, and the variety of bird life. Andrea told me about the eagle family that lives in the area. Dennis enjoys fishing in the river and the fish are currently safe to eat. They are both very concerned about the river being polluted and the destruction of habitat. Another issue is property values, their home valuation has dropped which they believe is a direct result of the proposed mine activity.

Regina Chaltry and her daughter Gracey spend time at their family cottage south of the Oxbow on the Michigan side of the river. The cottage has been in their family since the 1940’s. They enjoy the quiet solitude and harmony with nature at their cottage. This area is beautiful, completely surrounded by forests, it is nearly untouched. They haven’t brought in electricity, opting for a simplified lifestyle. As a family, they enjoy floating down the river. They see eagles, deer, pheasant, porcupine, and beaver; in the evening owls are often heard. The spring ritual of collectively tapping and making maple syrup is an annual event. Regina and her family are very concerned about toxic mine waste polluting the Menominee River and prohibiting them from enjoying their family’s lifestyle.

August Beres has lived on the Wisconsin side of the river for more than 50 years. Augie dreamed about living on the river since he was a teenager. He worked hard saved his money, and his dream came true. When Augie’s grandchildren visit, they fish, canoe, and play in the river shallows. He is gravely concerned that if Aquila is allowed to mine, there will be a breach in the mine or another unforseen disaster. His grandchildren will not be able to grow up enjoying all the recreational and environmental opportunities river has to offer. Augie has written letters to our Governor, both U.S. Senators, U.S. Congressman, State Senator, and State Assemblyman. Augie received some positive feedback from State Assemblyman Jeff Mursau; however no serious action to alleviate his concerns has occurred. Tom Tiffany said the proposed mine was in Michigan and there was nothing he could do.

Tina Lesperance lives on the family farm which is approximately one mile east of the proposed mine site. Currently, the Aquila employees who work at the field office drive past her farm on their way to work. Tina’s farm has been in the family since 1930 and she absolutely loves the farm. In her words, “she loves the peace and quiet living with nature”. The Shakey Lakes area supports numerous species of migrating birds and waterfowl. Frequently Tina sees wolves on the farm; they know her and haven’t been problematic. Tina told me about the time she followed two of them from a distance into the woods. It was beginning to get dark and she thought that it was time to return home. She is concerned about the blasting, construction traffic, the sulfide dust, and her well water. If the mine is permitted, she is afraid the environment will suffer and it will directly affect her lifestyle.

Doug Stephen has been living on the Green Bay north of Menominee Michigan for 1 ½ years. Doug states the Bay is one of the most beautiful places he has ever seen. The wildlife is amazing bald eagles; deer, coyotes, and many fish for sport fishing. For reference, Doug lived in San Diego, Rhode Island, and the Chicago area on the water. Doug made a significant real estate investment when he purchased his house. At the time of the purchase, he had no idea a sulfide ore mine was proposed on the Menominee River. At the DEQ hearing in Stephenson Mi. Doug stated, “This is a moral outrage and should be a federal crime for anyone involved in moving forward with the Back Forty mine, not one sulfide mine has ever not polluted”.

I have additional stories; however, every person who was at the meeting has a personal reason to oppose the Back Forty Mine and they all have been ignored by their elected representatives. For instance, Michigan State Assembly Representative Beau LaFave and Michigan State Senator Tom Casperson have both been contacted numerous times to help but they refused.

What can we do to help?

 

 

John Engel is a resident of Wisconsin, active with the John Muir Chapter of the Sierra Club.

Speaking Out on Behalf of Wetlands

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FRIENDS, THANKS TO ALL WHO SPOKE OUT ON BEHALF OF WETLANDS!

If you weren’t able to attend this week’s Public Hearing on the Aquila Back Forty Wetland Permit, you missed an evening of passionate, accurate testimony. As reported locally by the Eagle Herald: “People came from both sides of the river… they spoke on methylmercury, wetlands degradation, pollutants, preserving cultural sites, tourism, fishing and hunting industries, ecosystems, biodiversity, unborn children and future generations and local interest versus foreign gain. The common thread was their passion; and their pursuit was to voice their opposition to the Back Forty Mine project.”

Truly inspiring! Estimates put the crowd at 400-500 people. Roughly 100 signed up to speak, with folks still waiting for their names to be called when the hearing ended after four hours. Public comment was overwhelmingly opposed – nearly everyone asked the Michigan Department of Environmental Quality (DEQ) to deny this permit.

It’s not too late — submit your own comments on the Aquila Back Forty Wetland Permit  ➤

Meanwhile – on behalf of fishing groups and concerned citizens, the Mining Action Group of the Upper Peninsula Environmental Coalition and the Front 40 Environmental Group secured third party technical reviews of the Back Forty Wetland Permit. These technical reports have revealed errors and inconsistencies in Aquila’s claims: the hydrology review found that indirect impacts to wetlands caused by groundwater drawdown will be far greater than claimed by Aquila, and CSP2’s review found fundamental problems with the mine’s feasibility analysis, also known as the “Least Environmentally Damaging Practicable Alternatives” analysis. (“Red-Flag Review Finds Big Holes in Sulfide Mine’s Wetland Permit”). We’ve submitted these independent reports to the DEQ, and are making them available for your review:

  • Back Forty Wetland Permit – Technical Memorandum by Dr. Tom Myers
    http://bit.ly/Back40TMyers
  • Back Forty Wetland Permit – Red Flag Review by Center for Science in Public Participation, Dr. Kendra Zamzow and Dr. David Chambers
    http://bit.ly/Back40CSP2

As you know, the threat is real. More than 50% of Michigan’s historic wetlands have already been lost, according to a recent article by Michigan Department of Natural Resources. Wetlands are critical ecosystems, providing benefits such as water filtration, erosion and flood control, and essential habitat for a diverse array of species. Any damage to wetlands along the Menominee River would have a negative effect on downstream communities as well.

The deadline for written comment is February 2, 2018. Submit comments online, by email, or mail to: DEQ Upper Peninsula District Office WRD, 1507 W. Washington Street Marquette, MI 49855

Please join the Mining Action Group in urging the Michigan DEQ to deny this application  ➤

Review the Back Forty Wetland Permit and submit your comments today. 

Stay vigilant!

PS: Check out recent media coverage of the Wetland Permit hearing, and the Menominee Tribe’s Clean Water Act Lawsuit:

 

NOTE OF GRATITUDE

Independent technical reviews of the Aquila Back Forty Wetland permit were made possible by the generous support of numerous groups and individuals concerned about the future health of the Menominee River, including small grants and donations from Freshwater Future, Superior Watershed Partnership, the Western Mining Action Network, DuPage Rivers Fly Tyers (DRiFT), Northern Illinois Fly Tyers (NIFT), Badger Fly Fishers, M&M Great Lakes Sport Fisherman, Wisconsin Smallmouth Alliance, Fly Fishers International, Great Lakes Council of Fly Fishers International, the Emerick Family Fund, and individual fishing enthusiasts throughout the Great Lakes area.

 

Red-Flag Review Finds Big Holes in Sulfide Mine’s Wetland Permit

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STEPHENSON, MI  — The Front 40 Environmental Group and the Mining Action Group (MAG) of the Upper Peninsula Environmental Coalition (UPEC), working with regional environmental allies and fishing organizations, have secured an independent red flag review of Aquila Resources’ Back Forty Wetland permit application. The review was provided by the Center for Science in Public Participation (CSP2) which analyzes mining applications and provides objective research and technical advice to communities impacted by mining.

The Wetland application includes technical information regarding wetland hydrology, direct and indirect impacts to wetlands from the proposed sulfide mine and the on-site milling operation, a compensatory wetland and stream mitigation proposal, and more.  CSP2’s technical review was completed by Dr. Kendra Zamzow (Ph.D., Environmental Geochemistry) and Dr. David Chambers (Ph.D., Geophysics).

CSP2’s report flags significant omissions in Aquila’s permit application, especially concerns related to the Feasible and Prudent (Least Environmentally Damaging Practicable) Alternatives analysis, the fundamental test of any wetland permit:

  • “An environmental analysis needs to be conducted comparing the new proposed facility siting impacts on wetlands with the siting approved in the mining permit. The proposed single mine waste storage area is now two areas, and is much larger. The description of what is to be contained in each is inadequate and there is no description of the protections to be put in place.”
  • “The former site plan was discarded in part because waste would be ‘less dense’ than anticipated. There is no explanation for what is behind the anticipated change in waste material density that drove the need for the greater area required for waste disposal…”
  • “Given the terrain, direction of water flow, and proximity of valley wetlands and the River, this poses risks to wetlands – and aquatic resources in the River – that have not been analyzed.”
  • “Although there is no formal proposal for underground mining, it is reasonable and foreseeable. Therefore the full potential life of the mine should be considered when evaluating feasible and prudent alternatives that are the least damaging to wetlands.”
  • “An economic analysis needs to be conducted to determine the feasibility of moving the mill out of wetland areas.”
  • “It appears that most of the stream and wetland impacts might be avoided if the mine facilities could be moved further upland to a dryland site, possibly on other state lands.”

Under Michigan regulations, Aquila bears the burden of demonstrating that either (a) the proposed activity is primarily dependent upon being located in the wetland, or (b) there are no feasible and prudent alternative, and they must show they are using all practical means to minimize impacts to wetlands. 

According to CSP2’s review, “The mining permit and wetland permit are inextricably linked. The location and size of proposed mine site facilities as presented in the November 2017 Wetland Permit Application are different from those presented in the Mining Permit Application, and pose risks to wetlands that have not been analyzed.”

“This red flag review underscores our existing concerns. Aquila’s Wetland permit application is shoddy. It is mired in untested assumptions about wetland hydrology, and the whole scheme hinges on a facility design which nobody has reviewed, much less approved,” said Kathleen Heideman, a member of MAG.

Front 40 and the Mining Action Group will deliver CSP2’s review to the Michigan Department of Environmental Quality (DEQ) at the Public Hearing on January 23rd, and ask that key finding and recommendations be incorporated into the Wetland Permit review process.

“As soon as we saw the extent of the facility modifications, we asked the DEQ’s Office of Oil, Gas and Minerals to immediately require Aquila to apply for an amendment of the Back Forty Mine permit, or review the facility changes along with the Wetland permit – but they’ve refused to consider these questions until after the Wetland permit review is done,” said Heideman. [ See: “Significant Changes to Aquila Back Forty Mine” ]

“How many wetlands will be destroyed or impaired by the Back Forty? These wetlands are just in the way – Aquila will mine them out, or fill them in, or the surface water will be diverted, or they’ll be buried under mine waste tailings and waste rock storage areas. Are all of these wetland losses unavoidable? That’s the big question,” said Steve Garske, a member of MAG.

“Aquila Resources seeks to destroy wetlands in order to build a sulfide mine on the bank of the Menominee River. It is an alarming proposal, given the proximity of wetlands to the river, and concerns about the company’s plan to follow the orebody deeper underground. This site is complex, hydrologically, with wetlands on all sides, flowing in different directions. And the total wetland impacts may be significantly underestimated, since additional years of underground mining would greatly increase the groundwater drawdown,” said Heideman.

“Local residents are very frustrated, understandably. Aquila is using a bait-and-switch strategy. Since the facility’s impacts on wetlands are at the heart of the review, it would have made more sense to scrutinize all the proposed changes to the design first, before submitting the Wetland permit application. Aquila does everything backwards,” said Ron Henriksen, spokesman for the Front 40 group.

“Our goal is to identify errors and inconsistencies between data and Aquila’s predicted impacts to wetlands. We want to ensure that concerned citizens, stakeholders and environmental regulators are fully informed as to the true impacts of this permit,” said Nathan Frischkorn, a Fellow with the Mining Action Group.

A broad coalition of fishing groups, residents, tribal members and environmental groups are united in their opposition to the Aquila Back Forty project. Downstream communities are concerned about potential impacts to drinking water and tourism, and have passed resolutions against the project. Marinette County unanimously passed a resolution opposing the Back Forty; additional resolutions have been passed by the Menominee Indian Tribe of Wisconsin, the Oneida Nation, Keweenaw Bay Indian Community, Midwest Alliance of Sovereign Tribes, Amberg, Peshtigo, Porterfield, Sister Bay, Wagner, the City of Marinette, Door County, Oconto County, Outagamie County, Shawano County, Menominee County, and Brown County, which includes the city of Green Bay. After concerned citizens levied significant pressure on local officials, Menominee County became the first county in Michigan to pass a resolution opposed to the Back Forty mine.

“The Menominee River is my friend. It gives me and my fishing friends a lot of excitement when those bass, especially the big ones, are seen and when they strike at our flies. The Menominee is a valuable resource that shouldn’t be damaged or destroyed, which is why I’m working to protect it from the problems the proposed Back Forty mine would cause. I don’t want to lose the river to a polluting metallic sulfide mine,” said Dick Dragiewicz, an avid fisherman.

If fully permitted, the Back Forty will be a large open-pit sulfide mine on the bank of the Menominee River, the largest watershed in the wild Upper Peninsula of Michigan, only 100 feet from the water. Milling, using cyanide and other chemicals, and mine waste will be stored at the mine site, with some tailings waste remaining permanently. Most of the rock will be “reactive” or capable of producing acid mine drainage (AMD) when exposed to air and water. AMD devastates watersheds: it is difficult and expensive to remediate, and may continue leaching from the tailings for hundreds or thousands of years. American Rivers named the Menominee River to their list of “America’s Most Endangered Rivers” in 2017.

Suggested caption: “Sixty Islands section of the Menominee River, riparian wetlands located approximately 200 feet from the proposed Project Boundary of the Aquila Back Forty Mine site, January 9, 2018. Photo by Kathleen Heideman, Mining Action Group.”

Fundamental objections to the Aquila Back Forty project remain unresolved, and two contested case petitions have been filed over the Mining permit: one by an adjacent landowner, and another by the Menominee Indian Tribe of Wisconsin. The Back Forty Wetland application is now under review by the public, tribal stakeholders, environmental groups, Michigan DEQ, the Environmental Protection Agency, the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service.

“Wetlands are strictly protected under both state and federal law. Before wetlands can be destroyed, the company must demonstrate that wetland impacts are unavoidable. They’ve failed that test. I don’t see how this permit will pass muster with environmental regulators,” said Heideman.

“This mine threatens cultural and natural resources of the Menominee people, and the Shakey Lakes Savanna, a globally unique habitat. The Menominee River is the worst possible place for an open-pit sulfide mine. Aquila’s plan for on-site milling is especially dangerous, and needlessly destroys wetlands,” said Horst Schmidt, president of the Upper Peninsula Environmental Coalition.

Independent review of the Aquila Back Forty Wetland permit is made possible by the generous support of groups and individuals concerned about the future health of the Menominee River. Working collaboratively, the Mining Action Group of the Upper Peninsula Environmental Coalition and the Front 40 secured small grants and donations from Freshwater Future, Superior Watershed Partnership, the Western Mining Action Network, DuPage Rivers Fly Tyers (DRiFT), Northern Illinois Fly Tyers (NIFT), Badger Fly Fishers, M&M Great Lakes Sport Fisherman, Wisconsin Smallmouth Alliance, Fly Fishers International, Great Lakes Council of Fly Fishers International, the Emerick Family Fund, and individual fishing enthusiasts throughout the Great Lakes area.

PUBLIC PARTICIPATION

A Public Hearing for the Back Forty’s Wetlands, Lakes and Streams permit application will be held at 6 p.m. Central on January 23, 2018 at Stephenson High School, located at W526 Division Street, Stephenson, MI 49887. Note: due to public interest, the hearing has been moved to the school’s large gym. The deadline for submitting written comment is February 2, 2018.

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Mission of the Upper Peninsula Environmental Coalition
Founded in 1976, the Upper Peninsula Environmental Coalition’s purpose remains unchanged: to protect and maintain the unique environmental qualities of the Upper Peninsula of Michigan by educating the public and acting as a watchdog to industry and government. UPEC is a nonprofit, registered 501(c)(3) organization. For more information, call 906-201-1949, see UPenvironment.org, or contact: upec@upenvironment.org.

Mission of the Mining Action Group
The UPEC Mining Action Group (MAG), formerly known as Save the Wild U.P.,  is a grassroots effort to defend the clean water and wild places of Michigan’s Upper Peninsula from the dangers of sulfide mining. Contact the Mining Action Group at info@savethewildup.org or call (906) 662-9987. Learn more about the Mining Action Group at miningactiongroup.org.

Mission of the Front 40 Environmental Group
The Front 40 is a grassroots organization that was formed in early 2003 in response to the threat of a metallic mineral mine potentially being developed on the shores of the Menominee River in Lake Township, Michigan. It is the principal objective of the Front 40 Environmental Group to ensure that metallic sulfide mining operations are not allowed to adversely impact our rivers, lakes, groundwater and lands. Learn more about the work of the Front 40 group: menomineeriver.com

Free Money – Enviro Education + Conservation Projects

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REMINDER: Submit proposals *NOW* for the Upper Peninsula Environmental Coalition’s Community Conservation Grant and Environmental Education Grant programs. Both deadlines are January 17, 2018.

The Community Conservation Grant Program is designed to challenge U.P. communities to promote conservation values within their watershed or local area. In the past, short-sighted actions by corporate or individual landowners often degraded the U.P. landscape. Today state and federal environmental regulations as well as the private conservancy movement work to protect natural areas for public benefit and to safeguard significant populations of wildlife, and the ecosystem processes which support them. The Community Conservation Grants initiative focuses on communities that want to step up the protection of conservation values in their locality.

The Upper Peninsula Environmental Coalition also reminds educators of their annual Environmental Education Grant Program.

Full details and application materials on the UPEC website:

UPEC Grants

“Don’t Fill Humboldt Pit Lake with Toxic Mine Waste”

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Humboldt Mill Permit Amendment Request – Comments

The Public Comment period on Lundin Mining’s proposed “Humboldt Mill permit amendment request” came to a close at 5pm today, December 26th, 2017. Members of the Mining Action Group participated in the Public Meeting held on November 27th. We thank everyone who attended the DEQ meeting, and all of the environmental stakeholders who have voiced their concerns about this flawed permit amendment request.

Aerial photograph showing Humboldt Mill Wastewater Treatment Plant, and the north end of the Humboldt Pit Lake, referred to by the permit amendment request as the “Humboldt Tailings Disposal Facility” (HTDF) or the “facility.” Photo by Jeremiah Eagle Eye, 2017.

 Our Conclusion:

“We are concerned that Michigan law (especially Part 301, with regards to the filling of Humboldt Pit Lake with toxic mine tailings) and the Clean Water Act are being applied inconsistently, and that regulations are improperly interpreted. The Humboldt Pit Lake is treated, simultaneously, as an “Inland Lake” according to Michigan’s Part 301 Inland Lakes and Streams Program, but not regarded as “waters of the state” under Part 31. The DEQ’s stewardship of Michigan’s freshwater natural resources is the shared interest and responsibility of all stakeholders. Concerned citizens, the Keweenaw Bay Indian Community, the Community Environmental Monitoring Program, the Mining Action Group and other UPESG stakeholders have all expressed our concerns regarding Lundin’s use of the Humboldt Pit Lake as a “waste disposal facility” which appears to violate common sense, as well as the law. We ask the DEQ to regulate this body of water in full accordance with the Clean Water Act and NREPA, keeping in mind that Michigan citizens and the Escanaba River Watershed will bear the burden of these polluting activities long after Lundin’s mining and milling operations have ceased.

We believe the Humboldt Mill amendment request does not fulfill the requirements of Part 632. The applicant failed to provide an updated EIA, failed to update the reclamation plan, dismissed the contingency plan, failed to provide a list of all additional necessary permits, and did not increase the financial assurity to offset the significant, permanent environmental hazards posed by additional tailings storage and reduced water cover at the Humboldt Pit Lake.

The Applicant has Not Met the Standard for Review

Furthermore, the DEQ has a statutory requirement under Section 324.63207 (6)(c) of Part 632 to “submit the request for amendment to the same review process as provided for a new permit application” and consolidate multiple permits into a single review process, to facilitate public participation.

The DEQ has Not Met this Statutory Requirement

The permit amendment request is fundamentally incomplete, as it falsely and narrowly limits discussion to a single permit condition; because Condition F.4 is being considered apart from other connected permits and deprecated permit conditions, steamrolling the permit process without offering an opportunity for public input; and because the applicant provides no supporting material, with no updated analysis of the cumulative Environmental Impacts.

“DEQ shall deny a permit if it determines that the mining operation will “pollute, impair, or destroy, air, water or other natural resources or the public trust in those resources, in accordance with part 17 (Michigan Environmental Protection Act.)”

This permit amendment request is obviously unsubstantiated and incomplete. Environmental stakeholders are unable to consider the implications of such a significant change, in the absence of monitoring data, modeling, and the lack of a revised EIA. Confident predictions made by Lundin’s experts in public presentations do not change our conclusion. Please deny the Humboldt Mill MP-012010 permit amendment request, on the grounds that it fails to meet the standard for review as required under Part 632.

Aerial photograph showing Humboldt Mill Wastewater Treatment Plant, and the north end of the Humboldt Pit Lake, referred to by the permit amendment request as the “Humboldt Tailings Disposal Facility” (HTDF) or the “facility.” Photo by Jeremiah Eagle Eye, 2017.

Read the Mining Action Group’s full public comments on the Humboldt​ ​Mill​ ​Permit​ ​Amendment​ ​Request, Condition​ ​F.4​ ​of​ ​MP-012010, here.

Download this file (PDF)

Concerned Citizens Fight to Protect Wetlands from Sulfide Mine

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FOR IMMEDIATE RELEASE

CONTACTS
Kathleen Heideman, Mining Action Group, info@savethewildup.org (906) 662-0037
Nathan Frischkorn, Mining Action Group, frischkornnathan@gmail.com (906) 251-0113
Gregg Bruff, UPEC Coordinator, gregg.upec@gmail.com (906) 201-1949

Concerned Citizens Fight to Protect Menominee River Wetlands from Sulfide Mine

The Mining Action Group of the Upper Peninsula Environmental Coalition (UPEC), in collaboration with regional environmental allies and fishing organizations, has secured independent, third party reviews of Aquila Resources’ Back Forty Wetland permit application. If granted, this permit would authorize the destruction and impairment of wetlands caused by the Back Forty mine.

“Aquila proposes to destroy wetlands in order to build a sulfide mine on the bank of the Menominee River. Is this a good idea? We don’t think so, given the proximity of wetlands to the river, and concerns about the company’s plan to follow the orebody deeper underground. This site is quite complex, hydrologically, with wetlands surrounding the facility. We believe that wetland impacts may be significantly underestimated, since additional years of underground mining would greatly increase the groundwater drawdown. To help protect the Menominee River watershed, we have secured two independent reviews of this permit,” said Kathleen Heideman, UPEC board member and a member of the Mining Action Group (MAG).

The Wetland permit was public noticed on December 8th, and the Public Comment is now open. A Public Hearing has been scheduled for January 23, 2018 at 6:00 P.M. The hearing will take place in the small gym at the Stephenson High School, W526 Division Street, Stephenson, MI 49887.

A red flag review will be conducted by Dr. Kendra Zamzow of the Center for Science in Public Participation (CSP2), which analyzes mining applications and provides objective research and technical advice to communities impacted by mining. The permit will also be reviewed by Dr. Tom Myers, a hydrologic consultant who works with conservation organizations and others on mining, natural gas, and water rights development, with specific interests in contaminants and mine dewatering.

“These technical reviews will help us identify whether there are any errors or inconsistencies between groundwater data and Aquila’s predicted impacts to wetlands, and assist our grassroots effort to ensure that concerned citizens, stakeholders and regulators are fully informed as to the true impacts of this permit,” said Nathan Frischkorn, a Fellow with the Mining Action Group.

A broad coalition of fishing groups, local residents, tribal members and environmental groups are united in their opposition to the Aquila Back Forty project. Downstream communities and residents are concerned about the potential impacts to drinking water and tourism, and have passed resolutions against the project. Marinette County unanimously passed a resolution opposing the Back Forty; additional resolutions of opposition have been passed by the Menominee Indian Tribe of Wisconsin, the Oneida Nation, the Keweenaw Bay Indian Community, the Midwest Alliance of Sovereign Tribes, the towns of Porterfield, Wagner and Peshtigo, and the city of Marinette. On the Wisconsin side of the river, counties opposed to the project include Door County, Oconto County, Shawano County, Menominee County, and Brown County, which includes the city of Green Bay. After concerned citizens levied significant pressure on local officials, Menominee County became the first county in Michigan to pass a resolution opposed to the Back Forty mine. Of deep concern are downstream impacts to fisheries and water quality, since the Menominee River flows into Lake Michigan.

“The Menominee River is my friend. Since my brother and I were first introduced to the river’s terrific bass fishing by my friend Dave, I’ve taken multiple two and three day fishing trips on the Menominee every summer. It gives me and my fishing friends a lot of excitement when those bass, especially the big ones, are seen and when they strike at our flies. The Menominee is a valuable resource that shouldn’t be damaged or destroyed, which is why I’m working to protect it from the problems the proposed Back Forty mine would cause. I don’t want to lose the river to a polluting metallic sulfide mine,” said Dick Dragiewicz, an avid fisherman.

If fully permitted by the Michigan Department of Environmental Quality (DEQ), the Back Forty will be an 83 acre, 800 feet deep, open-pit sulfide mine. The mine site is located on the bank of the Menominee River, the largest watershed in the wild Upper Peninsula of Michigan, only 100 feet from the water. Milling will take place on site – using cyanide and other chemicals – and waste will be stored on site, with some tailings waste remaining permanently. When mining is complete, the pit will be backfilled with waste rock and tailings, most of which is considered “reactive”, capable of producing acid mine drainage (AMD) when exposed to air and water. AMD devastates watersheds. It is difficult and expensive to remediate, and may continue leaching from the tailings for hundreds or thousands of years. In light of the extreme risk posed by this sulfide mining project, American Rivers included the Menominee River in their 2017 list of “America’s Most Endangered Rivers.”

The destruction of wetlands threatens not only the Menominee River, but Michigan and the Great Lakes. Michigan has lost about 4 million acres of wetlands since the early 1800s, or 40% of the total wetlands that covered the state before European colonization. According to a 2014 report by the DEQ, the state lost 41,000 acres between 1978 and 2005, or more than 1,000 acres per year on average. Wetlands are important ecosystems that provide many benefits, including water filtration, erosion and flood control, and essential habitat for a diverse array of species. Any damage to wetlands along the Menominee River would have a negative effect on not only the river, but on downstream communities as well.

Independent technical reviews of the Aquila Back Forty Wetland permit are made possible by the generous support of numerous groups and individuals concerned about the future health of the Menominee River. Working collaboratively, the Mining Action Group of the Upper Peninsula Environmental Coalition and the Front 40 secured small grants and donations from Freshwater Future, Superior Watershed Partnership, the Western Mining Action Network, DuPage Rivers Fly Tyers (DRiFT), Northern Illinois Fly Tyers (NIFT), Badger Fly Fishers, M&M Great Lakes Sport Fisherman, Wisconsin Smallmouth Alliance, Fly Fishers International, Great Lakes Council of Fly Fishers International, the Emerick Family Fund, and individual fishing enthusiasts throughout the Great Lakes area.

The Wetland Permit application materials are available for download and review: https://miwaters.deq.state.mi.us/miwaters/#/external/publicnotice/info/3338938032851742207/documents

Concerned citizens may submit written comments to the DEQ through February 2, 2018: https://miwaters.deq.state.mi.us/miwaters/#/external/publicnotice/info/3338938032851742207/comments

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Founded in 1976, the Upper Peninsula Environmental Coalition’s purpose remains unchanged: to protect and maintain the unique environmental qualities of the Upper Peninsula of Michigan by educating the public and acting as a watchdog to industry and government. UPEC is a nonprofit, registered 501(c)(3) organization. For more information, call 906-201-1949, see UPenvironment.org, visit our Facebook page, or contact: upec@upenvironment.org.

The UPEC Mining Action Group (MAG) is a grassroots effort to defend the clean water and wild places of Michigan’s Upper Peninsula from the dangers of sulfide mining. Contact the Mining Action Group at info@savethewildup.org or call (906) 662-9987. Learn more about the Mining Action Group at miningactiongroup.org or follow MAG’s work on Facebook or Twitter.

More information: http://bit.ly/SaveMenominee

 

Significant Changes to Aquila Back Forty Mine

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Significant Changes have been made to the Aquila Back Forty Mine. Since the mining permit was issued (December 28, 2016), the Back Forty mine site has been expanded and redesigned. The changes impact critical components such as project boundary, affected area, location of haul roads, relocation of mine waste (tailings) storage areas (TWRMFs), sumps, contact water basins, ore stockpiles, and beneficiation (milling) buildings. The edge of one tailing basin is now approximately 1,000 feet from the Menominee River. 

None of these facility changes have been reviewed or permitted — yet these site designs are included in the Aquila Back Forty Wetland permit application. Again – these are Significant Changes. We are calling on the Michigan Department of Environmental Quality (DEQ) to immediately subject the Back Forty Mine permit to an AMENDMENT REQUEST. 

This is urgent. The Aquila Back Forty Wetland Permit application is currently undergoing a review for administrative completeness, and will soon be “Public Noticed”. The design of the Aquila Back Forty Mine is clearly integral to a comprehensive review of the pending Wetland permit application. 

We have asked that the DEQ act swiftly, requiring an amendment of the Back 40 mining permit (#MP012016) — before any further consideration is given to the pending Wetland permit, since it is clearly based upon an unpermitted facility design.
We urge all concerned citizens and stakeholder groups to submit their own request, as soon as possible. For full details, see our letter, below.

Ask Michigan’s Attorney General for Independent Review of Eagle Mine!

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ACTION ALERT— an urgent message from Freshwater Future and the Mining Action Group of the Upper Peninsula Environmental Coalition:

The Michigan Department of Environmental Quality is reviewing an expansion request—what they’re calling a “significant amendment” to the original permit—by Eagle Mine in Michigan’s Upper Peninsula. We have serious concerns that critical decisions are being made based on inaccurate and incomplete information. If so, the environmental impacts could be disastrous for the surrounding watershed .

Will you help ask the Attorney General to intervene and ensure that information used in decision making for this mine is scientifically sound and properly reported?

A glaring example of our concern is in the original Eagle Mine application. The mining company’s geotechnical data from their drill hole shows shows sand between the river and the bedrock (orebody). However, in the modeling submitted as part of their permit application, a clay cap is shown that didn’t exist in their drill hole samples. Inconsistent information like this makes it difficult to trust Lundin Mining. Nevertheless, the decision to permit this mine was granted. We are concerned that serious errors and missing pieces of information exist in this “significant amendment.”

Click here to send a letter to Attorney General Schuette asking him to initiate an independent review to ensure information accuracy, identify any gaps of information that should be gathered, and review modeling for inaccuracies that influence decision making.

Thank you for taking a few moments to reach out!

Sincerely,

Cheryl Kallio, Freshwater Future
Kathleen Heideman, Mining Action Group of the Upper Peninsula Environmental Coalition

PS: The Michigan Department of Environmental Quality is poised to issue permits for the “Eagle East” expansion of Eagle Mine. ACT NOW — ask Attorney General Schuette to investigate whether last year’s underground collapse at Eagle Mine indicates a general risk of geological instability!