Jack Parker Comments on Humboldt Mill Permit Application

Here are some comments on the Humboldt Mill permit.

First, we must thank Hal Fitch for his promise to respond to all written comments. We appreciate the gesture.
I read the newspapers and watched WLUC-TV6 coverage of the event, but didn’t learn much.
I saw a lot of empty seats and heard that the majority of those present were in favor of the project. I have heard nothing more in the past week. But two especially strong points were presented and not reported.

1. Speaker Teresa Bertossi, independent, quoted Michigan Department of Environmental Quality Director Steven Chester who has freely admitted that budget restraints and pressure to handle more projects have left the department underfunded and undermanned. We can understand that, and we commiserate.
In the present context, with the Kennecott applications, Mining Team Leader Joe Maki did not have the help he needed. His team did not have the expertise to evaluate legal and technical issues. He said as much in court. We understand their predicament.

2. Speaker Cynthia Pryor, Yellow Dog Plains Preservation, forcefully read from a long and detailed list of items wherein Kennecott had not met the requirements of Part 632 of the Michigan Mining Law by failing, in each instance, to demonstrate that their plans could be carried out successfully, either by demonstration or with documented evidence that similar plans had been used successfully elsewhere, in similar circumstances. (The alternative would be – “Just trust me.”)

In the first instance the punchline would be: Extenuating circumstances notwithstanding given that the evaluating agency was not qualified then no permits should have been issued, and all permits and agreements must be revoked.

In the second instance it was shown that Kennecott had not met the requirements of the law, so the application should have been turned down as administratively incomplete at a much earlier date, and it should be rejected forthwith. MDEQ must uphold the law.

We ask, therefore, for those lapses to be corrected: That the application be rejected and the permits and agreements revoked immediately. Thank you.

I’m still pro-mining, but only if it’s done right.
Jack Parker
Baltic

Gov. Granholm Announces Interim Director for Department of Environmental Quality

FOR IMMEDIATE RELEASE
December 22, 2009
Contact: Liz Boyd
517-335-6397

LANSING – Governor Jennifer M. Granholm today announced that Jim Sygo will serve as interim director of the Department of Environmental Quality (DEQ) beginning January 5, 2010, following Director Steven Chester’s announcement today that he will leave his post on January 4. Sygo currently serves as deputy director for the DEQ.

“As we continue to prepare for the new department of Natural Resources and Environment, we need continued leadership, and Jim is in an excellent position to spearhead the department,” Granholm said.

In announcing Sygo as interim director of the department, Governor Granholm offered praise for Chester’s commitment to Michigan’s proud traditions of environmental stewardship during his tenure as director.

“Steve Chester believes in the premise that improving our environment goes hand-in-hand with improving our economy,” Granholm said. “He has fought for the ideals that so many Michigan citizens believe in: clean air, healthy forests, and unparalleled water resources, all of which help to define who we are as a people and who we are as a state.”

“On a personal level, I am indebted to Steve for his service,” Granholm added. “As one of my original Cabinet members, he has stood with us to serve the people of this great state during a time of economic upheaval and uncertainty. He has been both counselor and friend, and I will miss him as he begins to write the next chapter in his personal career.”

Director Chester will be leaving to return to the practice of law, specializing in environmental counseling and litigation. Director Chester has served as head of the DEQ since 2003 and has overseen numerous reforms of the department’s operations that have streamlined services and made it one of the most efficient and effective environmental agencies in the nation. Chester also championed significant changes to Michigan’s environmental laws that will ensure Michigan’s natural resources will remain protected for generations to come.

Granholm’s appointment of Jim Sygo to serve as interim director will be in effect through January 17, 2010, when Executive Order 2009-45 will combine the operations of the DEQ and the Department of Natural Resources (DNR) within the newly created Department of Natural Resources and Environment (DNRE). The governor stated she will appoint a permanent director of that new department at a later date.

DNR Seeks Public Input on Habitat Management for Wildlife

FOR IMMEDIATE RELEASE
Dec. 22, 2009
CONTACT: Kerry Fitzpatrick 517-373-1263 or Mary Dettloff 517-335-3014

The Department of Natural Resources will hold a public meeting in January to help wildlife officials identify species in need of special attention as the DNR develops habitat management plans across the state.
The meeting is scheduled for Jan. 14 from 6:30 to 8 p.m. at the Mt. Pleasant Comfort Inn & Suites, located at 2424 South Mission St. in Mt. Pleasant.
The DNR Wildlife Division recently has completed a management plan for bears and currently is writing a plan for white-tailed deer. In addition, wildlife officials have developed a list of featured species and are asking the public to help focus on the habitat needs of those and other species.
“Knowing which wildlife species Michigan citizens value most will help in the effective management of wildlife habitat,” said DNR wildlife habitat specialist Kerry Fitzpatrick. “These meetings are an important step in creating a wildlife habitat program.”
Featured species are those that are highly valued and have a habitat issue the DNR can address. They may include mammals, birds, reptiles, amphibians or insects. The needs of these species will impact habitat management decisions.
“We’re asking the public: Did we miss any important species?” Fitzpatrick said. “How should we prioritize these species? These are questions we need to answer before we embark on major habitat management efforts.”
All interested parties are encouraged to attend and participate. Persons with disabilities needing accommodations for effective participation in the meeting should contact Kerry Fitzpatrick at 517-3737-1263 or fitzpatrickk@michigan.gov, at least seven days prior to the meeting to request mobility, visual, hearing or other assistance.

Written comments may be sent to Kerry Fitzpatrick, DNR Wildlife Division, P.O. Box 30444, Lansing, MI 48909-7944 or fitzpatrickk@michigan.gov. Written comments will be accepted until Jan. 15, 2010.

The DNR is committed to the conservation, protection, management, accessible use and enjoyment of the state’s natural resources for current and future generations.

Minnesota PolyMet Project:Public Opinion

Published December 20, 2009

Dissenting view: Creating our own Appalachia means giving up too much

By: Marc Fink, For the News Tribune

Over the years we’ve seen, in the Appalachia region of West Virginia and eastern Kentucky, what happens when a single industry becomes a sacred cow, supported by politicians across the spectrum for their own self interest and political survival. The end result has been tops literally blown off mountains, vanishing streams and continued poverty in local communities.

This scene, unfortunately, now seems to be playing out in Northeastern Minnesota as our local, state, and national politicians compete with each other to see who can offer the loudest support for corporations entering our state to strip-mine copper, nickel, and other metals from the Iron Range.

Lost in the politicians’ rush to support this new type of mining in Minnesota is not only the horrid record of similar projects across the country, but facts disclosed in the just-released draft environmental review for the PolyMet proposal.

Continue reading

Mining company surrenders claim to native land in $5-million settlement, opening Ontario’s far north

TORONTO — From Tuesday’s Globe and Mail Published on Tuesday, Dec. 15, 2009

The Ontario government is signaling that the province’s far north is open to business with the settlement of a lawsuit pitting a tiny exploration company against a native band.

The government announced yesterday that it will pay Platinex Inc. $5-million to surrender its exploration claims near Big Trout Lake in Northern Ontario. Platinex has also agreed to drop its lawsuit against the province and Kitchenuhmaykoosib Inninuwug First Nation, a fly-in community 600 kilometres north of Thunder Bay that vowed to stop the company from drilling for platinum on its traditional lands.

The settlement comes just as pressure is growing to open up the northern wilderness. Fast-growing, emerging countries such as China and India are helping to drive up commodity prices, and that has led to unprecedented exploration in Ontario. The number of exploration claims in the Ring of Fire, a mining exploration area in the James Bay Lowlands of Northern Ontario, has more than doubled to 8,200 over the past two years.

The settlement lifts the uncertainty that has hung over those proposals.
“There’s no question that finding a resolution to this very, very difficult situation brings closure to a chapter that certainly in the history of the province is a relief for almost everyone,” Michael Gravelle, Minister of Northern Development, Mines and Forestry, said in an interview yesterday.

Anna Baggio, director of conservation land-use planning with Wildlands League, an environmental group working with the community known as KI, said she is relieved at the settlement, but has mixed feelings about the money Platinex will receive.
“Nobody likes to see bad behaviour rewarded,” she said yesterday.

KI chief Donny Morris and five other residents were sentenced to six months in jail last year for disobeying a court order to allow the Toronto-based company to explore on their territory. After they served almost 10 weeks, the Ontario Court of Appeal ruled in May, 2008, that the sentences were too harsh and reduced them to time served.

Christopher Reid, a lawyer representing KI, said the dispute could have been avoided if the government had negotiated a land-use plan with the community.
“KI never wanted taxpayers to have to pick up the tab for this,” he said.

The province has since reformed the province’s mining rules, but the portion that would introduce a new mechanism for addressing disputes has not yet been proclaimed into law.
Ms. Baggio said the rapid increase in mining activity is turning the boreal forest into a “wild west free for all,” where exploration is taking precedence over protecting a region that has remained virtually undisturbed by human activity since the glaciers retreated.

While the Ontario government has declared a huge swath of land in the boreal forest off limits to industrial development, it has not yet drawn the boundaries for the areas to be protected.

Western Shoshone Prevail at Ninth Circuit Court on Mining Sacred Land

Posted by Ahni on December 6, 2009

In a major ruling last week, the federal Ninth Circuit Court of Appeals blocked construction of the largest open pit gold mine in the United States, Barrick Gold’s Cortez Hills gold mine.
Reversing a January 2009 ruling by the U.S. District Court, the Ninth Circuit concluded that enjoining the mine was in the public interest because of the “irreparable environmental harm threatened by this massive project.”
In part, the mine would:
* Disturb (devastate) 6,792 acres of land, including a heap leach and waste rock facilities covering much of the Horse Canyon pass just south of Tenabo, and extending east into Grass Valley
* Pump groundwater from around the pit with an average dewatering rate of approximately 1.8 billion gallons per year for ten years to keep it dry for mining
* Create a drop in the water table of 1,600 feet surrounding the pit, decreasing to 10 feet at 3-4 mile radius of the pit
* Potentially impact the 50 springs and seeps in the project area with 28 in the Horse Canyon area; however, according to the BLM draft analysis none of the 28 springs are expected to be impacted.
The Ninth Circuit Court also found that the Plaintiffs—the South Fork Band Council of Western Shoshone, the Te-Moak Tribe of Western Shoshone Indians, the Timbisha Shoshone Tribe, the Western Shoshone Defense Project, and Great Basin Resource Watch (GBRW)—would likely succeed in their claims that the US Bureau of Land Management (BLM) violated public land laws and environmental laws when it approved the project one year ago.
“We are pleased with the Ninth Circuit’s ruling,” says Larson Bill, a Tribal Council Member from the South Fork Band Council and Te-Moak Tribe. “This is a result of Western Shoshone people remaining committed to protecting our land and environment. It is unfortunate that the company decided to push this forward without addressing all concerns, especially those of the Shoshone people.”
In addition to the environment, Barrick Gold’s project would severely undermine the Shoshone’s culture and Spiritual practices.
Located in the traditional territory of the Shoshone Nation, Mount Tenabo is ” considered a traditional locus of power and source of life, and figures in creation stories and world renewal,” notes one report by BLM. “As the tallest mountain in the area – the most likely to capture snow and generate water to grow pinon and nourish life – it is literally a life-giver. Water is to earth what blood is to the body, and these subterranean waterways are likened to the earth’s arteries and veins”
It is also paramount to Shoshone creation stories, Spirit life, and several medicinal and ceremonial plants. The region is still used regularly by the Shoshone for medicine gathering, hunting rituals, fasting and other spiritual practices.
In their appeal, the plaintiffs argued that Barrick Gold’s mine would violate the Western Shoshone’s religious rights and “permanently eliminate” their religious and cultural uses in and around the site.
Unfortunately, the Ninth Circuit deferred to the U.S. District Court’s decision, which found the mine would not cause a “substantial burden” to the Shoshone’s religious experience because they would continue to have access to the top of Mount Tenabo.
During the court’s proceedings, “Barrick and the BLM argue(d) that archaeological surveys prove the mine site is not a sacred site and while there is evidence of religious activity at the top of Mount Tenabo, at the White Cliffs and in Horse Canyon, none appears where the open-pit mine is being developed,” explains Amy Corbin, in her 2007/09 report on Mount Tenabo for the Sacred Lands Film Project.
However, “paying attention only to archeological sites — excavating them and then conveying artifacts to museums or universities — is not the same as protecting living spiritual practices, of which there are often not material traces” she continues. The decision itself “points clearly to the fact that the current U.S. religious freedom laws do not take into account the practices of land-based spirituality.”
Nevertheless, with the Ninth Circuit’s injunction, there’s a small chance the region can still be safeguarded for future generations.
That is, providing the US Government can put Barrick Gold in its place. Just one day after the ruling, the company announced that it will not cease construction of the gold mine.

For more information on the Cortez Hills Project, Mount Tenabo, and the legal challenge go to www.gbrw.org and www.wsdp.org. The Ninth Circuit Decision can be downloaded at: http://www.gbrw.org/images/stories/publications/tenabo/Ninth_Circuit_injunction_ruling_12-3-09.pdf

Ballot Initiative Needed

Chuck Glossenger, Big Bay
POSTED: December 5, 2009

To the Mining Journal editor:

In a recent statement, local politicians Sen. Mike Prusi, D-Ishpeming, Sen. Jason Allen, R-Traverse City, Rep. Mike Lahti D-Hancock, Rep. Steve Lindberg, D-Marquette, and Rep. Judy Nerat, D-Wallace, accused sponsors of a proposed 2010 ballot measure on mining of talking about uranium mining in order to scare people and destroy the mining industry.
This irresponsible statement tells us more about politicians than the group, Save Our Water, and the ballot initiative. Everyone in Marquette County who has followed the mining controversy knows in 2003 local mining groups were telling anyone with ears that Michigan didn’t have regulations covering sulfide mining or underground mining.
Then Gov. Granholm created a mining work group to create new legislation. The playing field wasn’t even from the beginning, as the Michigan Department of Environmental Quality told the group that a Wisconsin-type mining law wouldn’t even be discussed.
If Michigan’s new mining laws had a regulation that a sulfide mine had to be at least 2,000 feet from a body of water, we wouldn’t need a ballot initiative. If Michigan’s new mining laws had a regulation requiring an example of another sulfide mine that operated and closed without polluting, we wouldn’t need a ballot initiative.
Why do I as a homeowner have to be so many feet from water to build a house or put in a septic field and a mining corporation doesn’t have such a restriction?
When a group of politicians get together from supposedly different parties and recite the same mantra, it tells us there is only one party in America and that’s the Corporate Party. Both Republicans and Democrats are conduits for that party.
Have you ever wondered why the wealthiest 5 percent of our nation controls 95 percent of everything? By controlling politicians to secure the legislation they want with exemptions, loopholes and financial breaks. The top U.S. corporations know this and contribute equally to Democrats and Republicans. Currently there are 250 former congressman and senior government officials who are active lobbyists.
A recent report from the Center for Responsive Politics describing the wealth of members of Congress indicates that 237 members of Congress currently are millionaires. That’s 44 percent of the body – compared to about 1 percent of Americans over all.
The time for a legitimate second party is now, and without one we will never have anything resembling a green economy.

Doctors resign en masse over uranium exploration

The Montreal Gazette
December 4, 2009 1:58 PM

MONTREAL – Twenty doctors have handed in their resignations at the Centre hospitalier régional de Sept-Îles.
In an open letter addressed to Quebec Health Minister Yves Bolduc, the physicians say they have quit, as a group, to protest plans to build an uranium mine on the North Shore.
The protest comes on the heels of the introduction new government mining legislation, which does not impose a moratorium on uranium exploitation in Quebec.
The doctors say they fear for their own families’ health as well as for the health of the population in the region.
The letter’s signatories say they plan to leave the region and, in some cases, the province.
Lorraine Richard, the Parti Québécois MNA for Duplessis, says the doctors’ departure will be a disaster for health care in the Sept-Îles region.
The town of Sept-Îles, with a population of 26,000, is located on the shores of the St. Lawrence River, about 915 kilometres northeast of Montreal.
© Copyright (c) The Montreal Gazette

Humboldt Mill Written Comment

Written Comments:

Can be mailed to the DEQ at deq-kennecott-humboldt-mill-comments@michigan.gov until December 29th at 5:00pm. If you wish to mail your response, it can be sent to the DEQ at Office of Geological Survey, PO Box 30256, Lansing Michigan 48909-7756. Please Refer to the “DEQ Information” Link below for complete copies of the permit application.

Kennecott Humboldt Mill Public Hearing

The Department of Environmental Quality (DEQ) will hold a consolidated public hearing on the Kennecott Humboldt Mill Project at Westwood High School Auditorium, 300 Westwood Dr., Ishpeming, MI 49849, on December 1, 2009, from 4:00 p.m. to 10:00 p.m.

Talking Points, and General Info:

~Mine Engineer’s Question Sheet

~Save The Wild U.P.’s Talking Points

DEQ Information:

http://www.michigan.gov/deq/0,1607,7-135-3311_4111_18442-204738–,00.html

An informational meeting will be held on

Monday, November 30

6:30 – Marquette Room in the UC Center on NMU campus  (south entrance near hospital)

TALKING POINTS provided by Michelle Halley and SWUP

EPA: Uranium From Polluted British Petroleum Mine Found In Nevada Water Wells

SCOTT SONNER | 11/21/09 06:31 PM  Huffington Post

YERINGTON, Nev. — Peggy Pauly lives in a robin-egg blue, two-story house not far from acres of onion fields that make the northern Nevada air smell sweet at harvest time.

But she can look through the window from her kitchen table, just past her backyard with its swingset and pet llama, and see an ominous sign on a neighboring fence: “Danger: Uranium Mine.”

For almost a decade, people who make their homes in this rural community in the Mason Valley 65 miles southeast of Reno have blamed that enormous abandoned mine for the high levels of uranium in their water wells.

They say they have been met by a stone wall from state regulators, local politicians and the huge oil company that inherited the toxic site – BP PLC. Those interests have insisted uranium naturally occurs in the region’s soil and there’s no way to prove that a half-century of processing metals at the former Anaconda pit mine is responsible for the contamination.

That has changed. A new wave of testing by the U.S. Environmental Protection Agency has found that 79 percent of the wells tested north of the World War II-era copper mine have dangerous levels of uranium or arsenic or both that make the water unsafe to drink.

And, more importantly to the neighbors, that the source of the pollution is a groundwater plume that has slowly migrated from the 6-square-mile mine site.

The new samples likely never would have been taken if not for a whistleblower, a preacher’s wife, a tribal consultant and some stubborn government scientists who finally helped crack the toxic mystery that has plagued this rural mining and farming community for decades.

“They have completely ruined the groundwater out here,” said Pauly, the wife of a local pastor and mother of two girls who organized a community action group five years to seek the truth about the pollution.

“It almost sounds like we are happy the contamination has moved off the site,” she said. “But what we are happy about is … they have enough data to now answer our questions.”

“Prior to this, we didn’t really have an understanding of where water was moving,” said Steve Acree, a highly regarded hydrogeologist for the EPA in Oklahoma, who was brought in to examine the test results. “My interpretation at this stage of the process is yes, you now have evidence of mine-impacted groundwater.”

The tests found levels of uranium more than 10 times the legal drinking water standard in one monitoring well a half mile north of the mine. Though the health effects of specific levels are not well understood, the EPA says long-term exposure to high levels of uranium in drinking water may cause cancer and damage kidneys.

At the mine itself, wells tested as high as 3.4 milligrams per liter – more than 100 times the standard. That’s in an area where ore was processed with sulfuric acid and other toxic chemicals in unlined ponds.

Moving north toward the mine’s boundary and beyond, readings begin to decline but several wells still tested two to three times above health limits.

“The hot spots, the treatment areas on the site, are places you totally expect to see readings like that,” said Dietrick McGinnis, an environmental consultant for the neighboring Yerington Paiute Tribe. “But this shows you have a continuous plume with decreasing concentration as you move away from the site.”

The new findings are no surprise to Earle Dixon, the site’s former project manager for the U.S. Bureau of Land Management, which owns about half of the property.

An administrative judge ruled last year that the BLM illegally fired Dixon in 2004 in retaliation for speaking out about the health and safety dangers at the mine.

“The new data depicts the story that I had tried to hypothesize as a possibility,” Dixon told the AP.

“It was speculation, because I didn’t have the dramatic evidence they have now. You just had all the symptoms,” he said from New Mexico, where he is now a state geologist.

“The way the state has been telling the story and BP and Lyon County … is this is mostly all natural. Well, no it’s not,” he said. “We now know for a fact that most of this uranium as far as 2 miles out from the mine comes from the mine.

“This site becomes a poster child for mining pollution.”

Officials for BP, formerly known as British Petroleum, and its subsidiary Atlantic Richfield have insisted until now that the uranium could not be tied to the mine. They maintained the high concentrations were due to a naturally occurring phenomenon beneath Nevada’s mineral-laden mountains.

The new discovery has Pauly, McGinnis and others renewing a call for the EPA to declare the mine a Superfund site – something the state and county have opposed despite a new potential source of money to help cover cleanup costs that could reach hundreds of millions of dollars.

Jill Lufrano, spokeswoman for the Nevada Department of Environmental Protection, said an investigation into the source of contamination is continuing but “the new finding does put scientific confirmation behind the theory that this would migrate off site.”

She said the new evidence doesn’t change the state’s opposition to Superfund listing. Nevada has a long tradition of supporting mining and now produces more gold than anywhere in the world except China, South Africa and Australia.

Copper first was discovered around Yerington in 1865. Anaconda bought the property in 1941 and – fueled by demand after World War II – produced nearly 1.75 billion pounds of copper from 1952-78.

A mineral firm launched a then-secret plan to produce yellowcake uranium from the mine’s waste piles in the 1970s. An engineer reported in 1976 that they weren’t finding as much uranium as anticipated in the processing ponds. “Where could it be now?” he wrote. “Should we continue to look for it?”

Had they continued the search outside the processing area, Wyoming Mineral Corp. likely would have detected the movement of the contamination. But the market for uranium dipped and the company scuttled the venture.

Pauly never suspected the mine was leaking contamination when she and her husband finished building their home in 1990. They drank water from their well until 2003 – and used it to mix formula for a baby from 1996-98 – before becoming suspicious as rumors swirled about the contaminated mine.

“Everybody said it was fine,” she said. “Legally they didn’t have to disclose anything because technically there was nothing definitive then that showed the contamination was moving off the site.”

BP and Atlantic Richfield, which bought Anaconda Copper Co. in 1978, have stopped claiming there is no evidence the mine caused any contamination, but they aren’t conceding anything about how much.

“We know the mine has had an impact but to what extent is not really known at this time,” Tom Mueller, spokesman for BP America in Houston, told The Associated Press in a recent e-mail. He said the sampling “remains inconclusive regarding relative impacts from the mine” compared with other potential sources.

Yerington Paiute Tribe Chairman Elwood Emm said he hopes the new findings help expedite cleanup. “In the meantime, we continue to lose our water resource,” he said.

So who will pay for the cleanup?

“That is the million-dollar question,” Dixon said. “Every Superfund site needs an advocate or two or three and in my view there are none for Yerington except for Peggy Pauly.”

Regardless of who pays, Acree said, it likely will take decades to clean up.