Coaster Desision Delayed

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Over 250 Attend Film Critical of DEQ and Kennecott in Marquette

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New Sulfide Mining Documentary Show Times and Locations

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

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

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

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

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

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

“An easy tutorial on one of the most momentous environmental battles in Michigan history”
–Lawrence Cosentino
Lansing City Pulse

Flambeau Debate: No Response from Jon Cherry

An August 16, 2008 letter to the editor, in Marquette’s daily newspaper, proposed a debate between Jon Cherry (Eagle Project Manager) and Laura Furtman (co-author, along with Roscoe Churchill, of the Buzzards Have Landed! The Real Story of the Flambeau Mine). In an August letter to the editor, Laura Furtman responded to the proposal request, challenging Mr. Cherry to an open debate regarding Kennecott’s mining activities at its Flambeau Mine in Ladysmith, Wisconsin. The Flambeau Mine was an open-pit copper mine that consisted of a copper sulfide ore body within 140 feet of the Flambeau River. The facility operated from 1993 and closed early in 1997.

Kennecott Eagle Minerals continues to claim that their Flambeau Mine was an environmentally successful sulfide mine. According to Kennecott’s website “. . . the Flambeau Mine remained in compliance with state permit standards for the 15 years that have included operations and the ten years since the mine’s closure – no permit violations ever occurred.”

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Author Eric Hansen to give Presentation on Sulfide Mining in Wisconsin

Stand By Your Land

Award-Winning Author, Noted Hiker Eric Hansen Will Present the Keynote Address for the Wisconsin Sierra Club Autumn Assembly on October 11 in Wisconsin Dells
His Theme Will Be:

Stand By Your Land:
Wisconsin and the U.P.; The Powerful Storylines of Our Iconic Landscapes and the Citizens Campaigns That Have Defended Them

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Margaret Comfort Completes Walk Across the UP

Margaret Comfort of Bourbonnais, Illinois completed her two-week walking journey on Labor Day that logged 175 miles, beginning at Kennecott’s proposed nickel mine site on Eagle Rock near Big Bay to St. Ignace and the Mackinac Bridge.  The trek was highlighted by rallies and visits to several UP communities along the way that brought awareness to the issue of metallic sulfide and uranium exploration and mining.

Comfort, along with a vehicle support team and several volunteer walkers was generously supported by concerned citizens, businesses and tourists along the way. Donations of food, firewood and funds overwhelmed the walkers. “The love and concern from people opening their hearts and helping out was amazing,” says Comfort. “Folks honking and waving energized us to keep moving towards our goal—the Mackinac Bridge Walk. If I had more time, I would walk all the way to the Capital in Lansing, camp out on the front lawn, and ask our legislators some tough questions. What is the ultimate goal of this destructive new mining process? Why is the state even considering allowing this to happen? Who is to benefit from this risky resource extraction?”

Banners reading “Protecting our Water, Step by Step, from Eagle Rock to the Mackinac Bridge” were prominent on support vehicles and T-shirts worn by the walkers. Says Comfort, “We were always within walking distance of a wetland, stream, inland lake or a Great Lake. That is why we were out there…to help protect our most precious gift of water and the Great Lakes.”

Yellow Dog Watershed Preserve, Save the Wild UP, Keepers of the Water and Northwood’s Wilderness Recovery sponsored the Walk and provided information and materials to communities along the way. For more information and photo’s of the Walk click here.

Our Heartful Gratitude to the following contributors to The Walk from Eagle Rock to the Mackinac Bridge:

The Yellow Dog Watershed Preserve
Save the Wild U.P.
SASM – Students Against Sulfide Mining
Northwoods Wilderness Recovery
Keepers of the Waters
The Keweenaw Bay Indian Community
Ojibwe Cultural Museum, St. Ignace, MI

Bay View Inn, Epoufette, MI (Sharon Stevenson)
Beaudoin’s Café, Naubinway, MI  (Robert and Gene Beaudoin)
Big Cedar Campground, Germfask, MI (Tonya, Barry, Kenny Peters)
Hog Island Country Store and Cottages, Naubinway, MI (Sandy & Tom Jacobs)
King’s Fish Market, Naubinway, MI  (Russ & Sally Schultz)
Lakenenland (Tom Lakenen and family)
Michigan Welcome Center (Harvey)
Naturopathic Associates, MQT  (Dr. Katy Nelson)

John Anderson
Teresa Bertossi
Scott Bouma
Barb Bradley
Solomon Brown
Tom, John, and Jan Bushey
Gabriel Caplett
Gene and Carla Champagne
Doug Cornett
Lon and Lynn Emerick
Nick and Sharon Cartier
Lon and Lynn Emerick
Marcia and Sven Gonstead
Gail Griffith
Rachelle Giulianni
Gale Hausfeld
Michelle Halley
Teri Irving
Sue Jacobson
Wendy, Milo, and Kiah Johnson
Bill and Thomas Kinjorski
Bethany Lyons
Kora Mills
Kristi Mills
Myra McDonald (Detroit)
Chauncey (“River Walker”), Nancy, and Jeremiah Moran
Sue Radloff
Lynn and Ben Rebertus
Lynn Roovers
Cynthia and Bob Pyror
Tom and Johnny Reed
John Saari
Teresa and John Scram
Mary Vaisanen
Beth Webb
Emily Whittaker
Jeff from MQT

Join Us for the Labor Day Bridge Walk

Cross the Mackinac Bridge on foot September 1, 2008! Show your support for the Great Lakes and help us spread the word about uranium and metallic sulfide mining.

This will be the last segment of the Eagle Rock to the Bridge Walk. It will be a culmination of a 200 mile journey that began on August 17 at Eagle Rock just north of Marquette. Margaret Comfort, along with a support team of drivers and walkers are making there way to St. Ignace step by step while meeting with communities along the way to raise public awareness of the threats of uranium and metallic sulfide mining to the Yellow Dog Plains and to our Great Lakes Waters. Click Here to read more about the Walk.

Where:
Meet at St. Ignace Big Boy Restaurant on US-2

When:
6:30 am Meet at Big Boy
7:00 am Start walking the Bridge!
8:30 ish Shuttle back to St. Ignace $5 fee

Printable Bridge Walk information

Say “No” to Great Lakes Cargo Dumping

Attend a meeting in Duluth or Cleveland or send written comments before July 22

The U.S. Coast Guard released a draft Environmental Impact Statement for the rulemaking: “Dry Residue Discharges in the Great Lakes”. In this rulemaking the Coast Guard proposes to deviate from federal and international laws and permit the dumping of cargo- such as limestone, iron ore, coal, and grain- from commercial vessels into the Great Lakes.

The public can comment through July 22 on the proposed Coast Guard policy by submitting written comments or speaking at a public meeting. Public meetings are scheduled for July 15 in Duluth, Minnesota, and July 17 in Cleveland, Ohio.

Background:

When ships on the Great Lakes dump waste material into the water, it is called “cargo sweeping” or “dry cargo discharge.” The actual quantity of waste material dumped into the lakes in a single shipping season is astounding. In 2004-2005, U.S.-flag carriers dumped more than 653,000 pounds of iron ore, 219,000 pounds of coal, 228,000 pounds of limestone and 11,300 pounds of other material into the Great Lakes.

Many of the cargo residues — especially iron ore and taconite — contain mercury and other toxic metals that can harm natural habitats in the lakebeds, as well as people who eat fish contaminated by the metals. Environmental effects of cargo sweeping are largely unknown.

Clear laws exist on both the international and domestic levels that prohibit the dumping of garbage in any of the internal waterways of the United States. The International Convention for the Prevention of Pollution from Ships (MARPOL) is the primary international treaty covering the discharge of pollutants into the ocean. The United States is signatory to MARPOL, which articulates that garbage is not to be dumped within 12 nautical miles off the oceanic coast and therefore does not allow dumping in the Great Lakes. To implement MARPOL Congress passed the Act to Prevent Pollution from Ships (APPS) in 1987. Under both MARPOL and APPS operational wastes (ie: cargo residues) fall under the definition of garbage.

The Coast Guard’s draft interim enforcement policy required under APPS, in place since 1997, has allowed ships to “sweep” cargo residues that litter vessel decks off the side of the ship and into the Great Lakes and St. Lawrence River Basin. Congress recently ordered the Coast Guard to examine cargo sweeping and its effects and the Coast Guard has now proposed a rulemaking on the practice.

The Coast Guard’s proposed rule is illegal, because dry cargo residues fall under the description of garbage in domestic and international law and are thus prohibited to be dumped into inland waters. The Coast Guard should be developing rules that set standards and deadlines to virtually eliminate dry cargo dumping to protect the Great Lakes- St. Lawrence River ecosystem and comply with the law!

Take Action: Comment to the Coast Guard in writing or at one of the two public meetings

Make your comments at the public meetings, or submit them in writing by July 22nd. The Coast Guard’s Notice of Proposed Rulemaking can be viewed, and comments can be submitted, online here.

Other means of submission include:

Fax: 202-493-2251.

Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590- 0001.

Refer to Docket No. USCG-2004-19621 on your submission.

Duluth, Minn. Cleveland, Ohio

July 15, 1 p.m.-5 p.m. July 17, 1 p.m.-5 p.m.

Holiday Inn The Forum Conference Center

200 W. 1st St. 1375 E. 9th St.

Duluth, Minn. Cleveland, Ohio

Phone: 218-727-7492 Phone: 216-241-6338

For more information:

The Coast Guard’s draft EIS can be found here, go down to the bottom of the page to find the draft EIS and its 20 appendices.

Read Great Lakes United’s 2006 comments to the Coast Guard when they were preparing the EIS here

Please feel free to contact:

Alliance for the Great Lakes: Lyman Welch, 312-939-0838 ext. 230 or lwelch@greatlakes.org

Great Lakes United: Jennifer Nalbone, 716-213-0408 or jen@glu.org

Mark Mattson, Lake Ontario Waterkeeper, 416-861-1237

National Wildlife Federation: Michael Murray, 734-887-7110 or murray@nwf.org