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.

Lawmakers downplay possibility of U.P. uranium mining

But mining company spent more than $700,000 on U.P. uranium exploration in 2009

By Michigan Messenger’s: Eartha Jane Melzer 11/13/09 2:12 PM

http://michiganmessenger.com/30150/lawmakers-downplay-possibility-of-u-p-uranium-mining

Upper Peninsula lawmakers are railing against a ballot measure to create standards for uranium mining, claiming that no uranium ore has been discovered in Michigan. However, a Canadian uranium mining company says it’s found uranium in the U.P., scientists have warned that its uranium exploration could harm groundwater, and the Western Upper Peninsula Health Department is warning that residential wells in several counties already have elevated levels of the radioactive metal.

In a statement this week, 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.

“No ‘uranium mining’ activity has ever existed,” the lawmakers stated, “nor has any uranium ore been discovered, in our state.”

However, according to a July 2009 financial report from Bitterroot Resources Ltd., a 17-hole uranium exploration drilling program concluded last December “identified several areas which warrant additional exploration.” The company said it spent $717,403 on Michigan uranium exploration in the first nine months of 2009.

On the sections of the company website devoted to its Upper Peninsula uranium exploration Bitterroot states that early drilling “encountered a 0.6-metre interval containing 75 ppm U, including two 0.12-metre intervals containing more than 100 ppm U. These intervals are significant as they confirm that uranium-bearing fluids have been mobile within the Jacobsville Basin.”

The presence of uranium in this area is also known to local health officials. The Western Upper Peninsula Health Department has issued a uranium advisory.

“Scattered drinking water sources in the Western Upper Peninsula have been found to contain uranium in amounts that exceed the federal Maximum Contaminant Level,” the health department states. “The source of the uranium may be the shale deposits that run inconsistently through the Jacobsville Sandstone formation. Water supplies with radioactivity have been found in Baraga, Gogebic, Houghton, Keweenaw, and Ontonagon Counties.”

The department states that uranium-laced water may be associated with kidney damage and cancer and that people with wells constructed in the Jacobsville Sandstone formation should have their water tested for uranium.

Last year the National Forest Service granted permits for uranium exploration in the Ottawa National Forest and spokeswoman Lee Ann Atkinson told Michigan Messenger at the time that 50 test wells were authorized.

During the public comment period on this uranium exploration proposal by Trans Superior Resources, a subsidiary of Bitterroot Resources Ltd., Todd Warner, natural resources director for the Keweenaw Bay Indian Community, noted that the company’s plan to bury drill cuttings on Forest Service land could result in radioactive compounds leaching into area groundwater.

“If a uranium ore body is disturbed in its natural geological setting, radium and polonium will inevitably be released into our environment,” Warner wrote in comments entered into the record. “The Forest Service has not noted that any additional or added precautions or testing is being required due to the potential or likely presence of uranium, radium, polonium and other radioactive elements.”

Because of the risk of chemical reactions that can cause minerals to contaminate the water supply, metallic mining requires permits from the Michigan Department of Environmental Quality, said Hal Fitch, director of the agency’s Office of Geological Survey. But due to what Fitch called “a weakness in the statute,” exploratory mineral wells in the rocky western half of the Upper Peninsula are exempt from permit requirements.

In the case of the uranium test wells in the national forests, the DEQ will visit and observe operations after being voluntarily contacted by the mining company, Fitch said.

The Michigan Save Our Water Committee says U.P. lawmakers are mischaracterizing their proposed ballot initiative.

“We are not talking about banning future uranium mining,” said spokesman Duncan Campbell. “We don’t have any regulations covering uranium, all we are asking that we have some regulations to cover uranium.”

Read more!

Houghton Mining Gazette writer, Kurt Hauglie covers the issue:

http://www.mininggazette.com/page/content.detail/id/507472.html

Gail Griffith responds to Shawn Carlson Letter to Mining Journal Editor:

No U.P Uranium?

In a recent letter to the Mining Journal titled “No U.P. Uranium”, there is a statement:  “There is no uranium ore anywhere in the state of Michigan.” The important word here is “ore”, which is defined as a naturally occurring material that can be profitably mined. This does not mean that there is no uranium in the state of Michigan. It means that no one has yet found of a profitable ore body.

The evidence for the presence  of uranium in the U.P. is strong.  The Western Upper Peninsula Health Department has issued an advisory for people with water wells in the Jacobsville sandstone formation in the Keweenaw Peninsula to have their water tested for uranium, because a 2003 study by a group at Michigan Tech found that about 25% of 300 wells tested in the area had levels of uranium  above what is considered safe by the national Environmental Protection Agency.

Since 2003, Bitterroot Resources has been exploring for uranium in the Ottawa State Forest in the Jacobsville sandstone.  In 2007, they found small amounts of uranium in drill cores.  Cameco, a Canadian company that is  one of the world’s biggest uranium suppliers, has given Bitterroot $1.7 million to do further exploration on the site.  New drilling was done in 2008, and the results are now being evaluated for follow-up.  Given that uranium prices have gone down from a peak of $140/lb. in 2004 to about $45/lb. today, even if this uranium body is large or rich, it may not be profitable now, but may well be later.

Mining for uranium is currently done by an process called in-situ leaching (ISL). This method does’t bring any ore to the surface, but rather pumps chemically-treated water into and through the ore body to dissolve the uranium and brings it to the surface, where it is extracted.  Treated water is pumped back in to dissolve more uranium.  The question is, where does the water come from, and where does it go?

Uranium deposits suitable for ISL are found  in permeable sand or sandstone that must be protected above and below by impermeable rock, and which are below the water table. This means that if there is any connection or leakage into any other water source, that water will be contaminated with uranium.   Further, the water used in the ISL process can’t be effectively restored to natural groundwater purity.

Michigan’s new Nonferrous Metallic Mineral Mining law.was written to deal with the threat of pollution by metallic sulfide ores and wastes that can create acidic, metal- laden water that must be carefully purified before being  released into the environment.  During the rule-making process, it was pointed out that uranium is a nonferrous metal, and could be mined under these rules, even though there were no provisions for the special precautions needed for radioactive materials.  The response by the Michigan Department of Environmental Quality was that, yes, the “rules would apply to uranium mining, however, if uranium mining appears imminent, then the DEQ will review these rules for their adequacy to regulate such mining and determine revisions that may be needed”.

Part of the proposed  MIWater Ballot Initiative language speaks to this issue by  prohibiting uranium mining until new rules have been established.  It is clear that such rules are needed now, and a vote for the initiative would ensure this.  It’s all about our  water.

Gail Griffith
Retired Professor of Chemistry
Northern Michigan University

No U.P. uranium

To the Journal editor:
We’ve all heard the arguments. “Michigan must preserve its proud mining heritage.” Then the counter: “Our environment must be protected from sulfide and uranium mining.” And so the tired argument trudges on, the latest installment of which being known as the MiWater Ballot Initiative. An argument with no clear victors, perhaps for good reason – both sides have some fair points: mining is a valuable industry, but the environment is important, too. If only there were a tie-breaker, something to tip the scales and guide the undecided. Well perhaps there is – the issue of education.

One of the goals of the MiWater Ballot Initiative is to restrict “uranium mining” in Michigan, in response to local activists’ proclamations that “uranium ore” has already been found and that mining could be imminent; one popular calendar says uranium mining has already been proposed and another Web site calls it planned. The problem is, none of that is true.
As contributor to the “Mineralogy of Michigan” textbook and recipient of the Friends of Mineralogy award for a study of Michigan uranium, I present my knowledge as authoritative, so here are the scientific facts.

There is no uranium ore anywhere in the state of Michigan. And since there is no uranium ore, there are neither proposed uranium mines, nor planned uranium mines; statements to the contrary are absurd.

Yes, there has been uranium exploration throughout Michigan since about 1949, but this work has found squat; in the words of one geologist, “If you took all of Michigan’s uranium and threw in 50 cents, you’d have enough to buy a cup of coffee.” Michigan simply lacks mineable uranium deposits, and the finest mineralogists alive today (e.g., George Robinson, Michigan Tech University) do not believe any will be found – ever.

One of the concerns of environmental activism is the lack of credible scientific information within these groups, as exposed in a recent Newsweek article (April 2008). And that’s a problem. At a time when the greatest questions facing us globally (climate change), nationally (energy independence) and locally (mining) all involve science, we owe it to our children to teach real science – not pseudoscience.

I therefore ask readers to oppose this new ballot initiative. Supporting it isn’t necessarily a vote to protect Michigan water; that remains to be seen. But it is a vote against the integrity of science education. And that’s unacceptable because it damages us all.

Shawn M. Carlson
Adjunct Instructor
Northern Michigan University
Marquette

MIWater Speaker in Marquette, Thursday, November 12

Save the Wild UP will host its Annual Fall Fundraiser Social on Thursday, November 12 at the Upfront & Company, downtown Marquette, from 6:30 – 11:00 pm. The evening will include a silent auction, appetizers, cash bar, guest speaker, Duncan Campbell, and live music by the Amnesians, a local classic rock band.

8:00 Rally for Water!!!    Speaker: Duncan Campbell

Highlighting the evening will be Duncan Campbell, member of the Save Our Water Committee speaking at 8:00 about the 2010 ballot initiative to protect Michigan’s fresh water resources. Campbell is treasurer for the  Committee and is directing its MiWater ballot initiative campaign. He states, “It is clear the only way to give voice to this threat (sulfide mining) and win the battle for pure water is to take the message to Michigan voters directly via a ballot initiative campaign. This is a powerful and effective tool and provides a grassroots political front to let people take action not only throughout the Lower Peninsula but across the Great Lakes Region and beyond.”

MiWater members will be on hand with information and handouts all evening.

DEQ director asks Judge Patterson to reconsider his recommendation

Fri, 11/06/2009

LANSING, Mich. (AP) Michigan’s chief environmental regulator wants more information about a rocky outcrop in Marquette County that could affect plans for a nickel and copper mine.

Steven Chester, director of the Department of Environmental Quality, on Friday asked Administrative Law Judge Richard Patterson to reconsider his recommendation about the outcrop, known as Eagle Rock.

Patterson last August said Chester should grant Kennecott Eagle Minerals Co. permits to build the mine – but only if steps are taken to protect Eagle Rock, which Indian tribes use for spiritual ceremonies.

Kennecott Eagle plans to run the mine’s entrace tunnel beneath the 60-foot-high rock.

Chester asked Patterson to look further into whether Eagle Rock is legally a place of worship. After getting the judge’s opinion, Chester will decide on the permits.

South Road – Projected Pollution Corridor

(Based on findings from the Red Dog Mine in Alaska)

A study done by the National Park Service in Alaska illustrates the dangers of the Kennecott South Haul Road. The Red Dog Mine in Alaska has a 51 mile haul road, and heavy metal pollution from Fugitive Dust flying off mining trucks has severely polluted the frozen tundra over a mile away from the road. Despite damning evidence of the pollution, nothing has been done, and plans for a second mine are currently being approved.

Below are maps from the NPS study, indicating the extent of pollution at the Red Dog Mine, as well as a projected pollution map for the proposed south road. In Alaska they were dealing with Lead and Zinc, and the problem of sulfuric acid drainage was non-existent because of very little precipitation and permafrost; in the U.P. we will be looking at Uranium dust, Sulfuric Acid, Zinc, Nickel, etc.

“Anchorage, Alaska – Today, Alaska Community Action on Toxics released newly discovered information concerning high levels of lead and zinc contamination at the Red Dog Mine port site. A monitoring program conducted at the Red Dog mine’s port site in the mid-1990s found lead levels in soils as high as 36,000 parts per million (“ppm”) and zinc levels as high as 180,000 ppm, far in excess of state cleanup standards of 1,000 ppm for lead and 8,100 ppm for zinc. Although the monitoring program was conducted at the request of the Alaska Industrial Development and Export Authority (AIDEA), this information was never released to the public.”
Read More

Pb Pollution Corridor

Pb Pollution Corridor

Projected Pollution if the U.P. were covered by permafrost. In actuality, the corridor of pollution would likely be much larger because the U.P. is covered with flowing water.

Southroad Projected Pollution

Southroad Projected Pollution

“The Red Dog Mine Haul Road traverses 24 miles of National Park Service (NPS) lands in Cape Krusenstern National Monument (CAKR), Alaska. Ore trucks use the road to transport 1.1 million dry tons of lead-zinc concentrate annually from the mine to a port site on the Chukchi Sea. In the summer of 2000, moss and soil samples were collected from six transects perpendicular to the haul road in CAKR. Laboratory analyses were performed on the moss Hylocomium splendens, soil parent material, road dust, and substrate from materials sites. Analysis revealed a strong road-related gradient in heavy metal deposition. H. splendens was highly enriched in lead (Pb > 400 mg/kg), zinc (Zn > 1800 mg/kg), and cadmium (Cd > 12 mg/kg) near the haul road. Concentrations decreased rapidly with distance from the road, but remained elevated at transect endpoints 1000 m – 1600 m from the road (Pb >30 mg/kg, Zn >165 mg/kg, Cd >0.6 mg/kg). Samples collected on the downwind (north) side of the road had generally higher concentrations of heavy metals than those collected on the upwind (south) side.”
Read More

Read the NPS Full Report

Ballot Initiative Moves Forward

LANSING (AP)

A proposed Michigan ballot measure that would prohibit some types of mining and restrict others took a small step forward Wednesday.

The petition form submitted by a group called the Michigan Save Our Water Committee was approved by a state election board. The group would have to collect more than 300,000 valid signatures of Michigan voters to get its proposal on the statewide November 2010 ballot.

The group has not yet started collecting signatures but says it could begin that process by the end of the year.

Supporters say the ballot measure calls for tougher laws to protect the Great Lakes, inland lakes, rivers and the rest of the environment from contamination caused by some types of mining.

Opponents of the ballot proposal say it would cripple Michigan’s mining industry and severely damage the Upper Peninsula’s economy.

”The proposal winds up being a direct assault, a direct attack on the U.P.,” said Deb Muchmore, a spokeswoman for Citizens to Protect Michigan Jobs, a developing opposition group that is expected to soon include mining interests. ”It would be a job killer and an industry killer for that region of our state.”

The most publicized mining dispute in Michigan is related to Kennecott Eagle Minerals Co.’s plans to mine nickel and copper in the Upper Peninsula. But supporters of the ballot proposal say their effort is much broader.

”This is not about one mine,” said Maura Campbell, Michigan Save Our Water Committee spokeswoman. ”This is us looking down the road.”

The measure would prohibit uranium mining and processing until ”new rules” are established to ”protect against the special risks associated with those activities,” according to the petition language.

Sulfide and other types of mines would have to be located at least 2,000 feet away from any lake, river or stream unless it is proven the mining operation won’t hurt the water.

Companies seeking permits would have to do more studying of potential environmental impact.

The Michigan League of Conservation Voters has endorsed the proposal. Some other environmental groups have not yet taken a position on the measure.

Community Reaction to the Initiative announcement

John Pepin of the Mining Journal questions the community

MARQUETTE – Both proponents and opponents of a new mining and water-related ballot initiative are digging their heels in for what is expected to be a hard-fought, costly battle to win over Michigan’s voters.

The state Board of Canvassers approved a four-page petition form Wednesday from the Michigan Save Our Water Committee. The committee – whose honorary chairman is former Michigan Gov. William Milliken – now has six months to gather 304,000 signatures of registered voters to get the measure on the Nov. 2, 2010 ballot.

“We are just strengthening the law that’s in place with some straightforward common sense (rules),” said Duncan Campbell, treasurer of the Michigan Save Our Water Committee in Detroit. “We think this issue is so important we need to go before all of the voters of Michigan.”

The legislative initiative would amend Part 632 – the non-ferrous metallic mineral mining section of the Natural Resources and Environmental Protection Act – which was enacted in 2004 to govern mining projects like the Kennecott Eagle Minerals Company site proposed for the Yellow Dog Plains in northern Marquette County.

Tougher restrictions – which some critics say are impossible to meet – would be added to the mining law, in an effort to protect Michigan’s water resources.

“This is not a regulatory measure, this is a prohibition,” said Lansing attorney Pete Ellsworth of the Detroit law firm Dickinson-Wright. “This is a measure that prohibits mining. I think that’s the only fair way of characterizing this.”

Ellsworth is offering election process and rules advice to a new Citizens to Protect Michigan Jobs Committee formed over the past couple of weeks to challenge the ballot initiative.

Ellsworth – who called the petition language “a lawyer’s field day” -said the provisions may prove to be unconstitutional. He said attorneys are still reviewing the numerous details of the proposal, but contends “the way the criteria is set up, it cannot be met.”

The initiative seeks to “prohibit uranium mining and processing until new rules have been established to protect against the special risks associated with those activities.” It would also “require a mining area to be located more than 2,000 feet away from any water body, unless it is proven that the mining operations will not cause any injury to groundwater or water bodies.”
A permit applicant would also be required to provide a regional groundwater and surface water analysis to enable an assessment of all potential impacts to those waters from the proposed mining project.

In a provision fashioned after a Wisconsin mining statute, applicants would also have to “show that another mine in the United States or Canada is similar to the applicant’s proposed mine in all relevant ways and operated for at least five years and has not harmed natural resources or caused any exceedance of applicable environmental criteria for at least 10 years after closure.”

The initiative would also “prescribe additional requirements for reporting, notification, permit review, permit amendments and enforcement.”

In Michigan, Kennecott’s proposed nickel and copper Eagle Mine is the first non-ferrous mining project to be permitted under Part 632, but it has not been built or operated, with legal and permit challenges still pending.

“You’ve got a call for regulation updates on a law that hasn’t been tested in terms of going into operation,” Ellsworth said.

Jon Cherry, general manager of Kennecott, said, “Kennecott is prepared to join others in fighting for the Upper Peninsula, and to protect the hundreds of jobs our company and its planned operations alone are set to create.”

“We’re still reviewing the proposal, but would initially observe that it is very misleading, with the sole intent of creating an outright prohibition of the mining industry in the U.P.,” Cherry said. “We don’t believe people will stand for that once they understand the true agenda of the proposal’s backers.”

And while some critics say the “Mi Water” ballot initiative is just the latest attempt to stop the Kennecott Eagle project, proponents say the scope of their amendments are also aimed at a much broader group of mining interests waiting for the outcome of Kennecott’s mining attempt – interests whose efforts could result in a new regional mining district in northern Michigan.

“There’s exploration across the U.P.,” said Kristi Mills, director of Save the Wild U.P. in Marquette. “The district is a concern, this mining district.”

Mills said the initiative would not affect the U.P.’s traditional iron mining operations, which Cliffs Natural Resources and other companies have undertaken for decades.

Employing technological advances, a good deal of resource exploration has been conducted in the U.P. over the past few years by several companies seeking gold, silver, copper and other minerals.

This may yield great potential for further development, which many people in the area see as an opportunity for a resurgence of mining jobs and economic prosperity.

“We could see a revival of mining across the Upper Peninsula not different than what it was, in terms of volume, dating back to the 1930s and 40s,” said Jon LaSalle of Marquette, chairman of the Citizens to Protect Michigan Jobs Committee.

“We stand to have a lot of jobs come out of the exploration and mining of those resources.

“This would really foreclose on the U.P.’s economic future if we were to say no to non-ferrous mining.”

Campbell said green jobs and sustainable jobs have been growing while mining and construction jobs have faltered.

“The problem with mining jobs are they are boom and bust and what’s left over is pollution for our children and our grandchildren,” Campbell said.

Babette Welch of Marquette has been working with Mi Water proponents to raise money to promote the ballot initiative. Alluding to Michigan’s recent successful “Pure Michigan” tourism advertising campaign, Welch said, “I’d like to change the concept of Michigan from being the rust belt to the water belt. I’m interested in preserving our water, having our pure Michigan with pure water.”

Many proponents of the ballot proposal contend clean water is essential to protect Michigan’s tourism industry. Welch said many of the images in the Pure Michigan campaign focused on the state’s beautiful water resources.

Mills said, “If we’re going to move forward into a more sustainable future, then we don’t need this type of mining that threatens our water.”

LaSalle said the U.P. cannot rely on tourism to provide jobs with health insurance, good wages and other benefits attractive enough to keep the region’s children working here after graduation from high school. He said 7 out of 10 people living here could not make a living from tourism.

“We all love to be tourists, but whether we should paint the U.P. into that economic corner, I doubt that,” LaSalle said.

Amy Clickner, chief executive officer of the Lake Superior Community Partnership in Marquette, agreed with LaSalle jobs are greatly important to the region, as is the environment.

“I don’t think it’s jobs at any cost,” Clickner said. “I don’t think there’s any group that thinks the environment is more important than those of us who live here, and to live here you have to have a job.”

On Oct. 3, the Upper Peninsula Association of County Commissioners adopted a resolution against the ballot initiative, with hopes of gaining the support of the state’s other 68 counties. Marquette County Board Chairman Gerald Corkin said the initiative would be detrimental to both the U.P. and Michigan. Corkin expressed concern about the location of the Mi Water campaign’s headquarters.

“It’s always a little scary when you’ve got a downstate group putting out a ballot initiative that mostly affects the U.P., but I guess that’s what we’re dealing with,” Corkin said.

Campbell said given the number of petition signatures needed, and the U.P.’s roughly 300,000 total population, the battle to put the proposal on the ballot must be fought from the Lower Peninsula where there are more people.

Campbell said that while the non-ferrous mining activities may be located in the U.P., the Great Lakes waters fed by the rivers and streams of the region reach the length of the state. Any pollution from mining activities could potentially impact the whole state.

“We all live downstream,” Campbell said.

Eagle Rock Honored, Small Homeland Victories

August 18, 2009

Contact: Michelle Halley, NWF – 906-361-0520

NWF and partners pleased with Eagle Rock protection, will appeal remainder of decision

MARQUETTE, MICH – Administrative Law Judge Richard Patterson announced today that he will uphold permits issued to Kennecott Eagle Minerals Company by the Michigan Department of Environmental Quality in 2007, with one critical exception that could nix the project or at the very least require a major overhaul of the mining plan. Nonetheless, the petitioners in the case will likely appeal the portions of the permits not struck down or modified. Attorneys say the contested case record provides a remarkably strong basis for appeal.

In his decision, Patterson recommended moving the mine’s portal, or entryway, from Eagle Rock, a sacred outcropping with spiritual importance to local Native American tribes. Patterson stated that Kennecott and the MDEQ “did not properly address the impact on the sacred rock outcrop known as Eagle Rock” and suggested moving the mine’s entry portal away from the rock.

Michelle Halley, attorney for the National Wildlife Federation, said “Kennecott has claimed for years that Eagle Rock is the only possible location for the mine’s portal. Without that option, this mine could be halted or, at the very least, require a complete overhaul of the mining plan. We are pleased that Eagle Rock will be protected, assuming MDEQ Director Steve Chester follows the judge’s recommendations on this issue.”

Patterson’s decision comes in the form of a recommendation to Chester. According to law, the parties in the case will have an opportunity to file exceptions to the judge’s recommendations by submitting a written document outlining those components with which they agree or disagree. Once Chester has received the exceptions, he will issue his final decision. Chester is not obligated to follow Patterson’s recommendations.

“While the protection of Eagle Rock is fantastic, it doesn’t address most of the technical deficiencies we outlined in the course of the contested case. Therefore we will almost certainly appeal the final agency decision should Director Chester adopt the judge’s recommendations on the remaining issues,” Halley stated.

The decision is the latest development in a series of legal challenges to prevent a foreign mining company with a deeply troubled environmental and human rights history from blasting a risky metallic sulfide mine beneath the Salmon Trout River in the central Upper Peninsula. Petitioners in the case are the Keweenaw Bay Indian Community, Huron Mountain Club, National Wildlife Federation and Yellow Dog Watershed Preserve.

In most areas, the judge’s recommendations failed to address issues that are important to protect workers and the environment. Halley, who said she is still reviewing all of the specifics of the decision, went on to say that NWF will address its concerns in written exceptions presented to the MDEQ and ultimately through appealing Chester’s final decision if it comes to that.

“We put on a solid case and created a factual record that will support appealing the remainder of the permit provisions that Judge Patterson left unaddressed. Many of those are too important to be overlooked and if they should remain unaddressed by Director Chester, we are prepared to appeal,” Halley stated.

“This ruling does not change our firm belief that the decision to permit this mine violates the law,” said Andy Buchsbaum, regional executive director of the National Wildlife Federation’s Great Lakes Regional Center. “We remain committed to protecting the people, economy and wildlife of Michigan from this risky type of mine that has proven deadly to rivers, streams and communities in other states.”

During oral arguments in the summer of 2008, NWF and its partners presented more than two dozen witnesses in a variety of technical disciplines. At the time, Halley remarked “the testimony in this case has done nothing but demonstrate Kennecott’s substandard job in preparing the application and the slipshod review by the DEQ. Testimony at the hearing from Kennecott, MDEQ and our experts proves time and time again that the proposed mine is unsafe for humans and the environment.”

Perhaps most stunning was the admission of MDEQ employee Joe Maki, leader of the mining review team that ultimately recommended approval of the mining permit. Asked under oath if he had applied mining law Part 632’s critical standard which states that the company must prove it will not pollute, impair, or destroy natural resources, Maki stated simply “I did not.” Asked if the mining review team had applied that standard, he said “I don’t believe so, no.”

Should MDEQ Director Chester act on Patterson’s recommendation regarding Eagle Rock, Kennecott will remain stymied and cannot conduct mining operations until a new mining plan is submitted and approved. In addition, the U.S. Environmental Protection Agency must still decide whether the company could obtain necessary federal permits.

DEQ Response to Humbolt Mill Public Comments

DEQ recently received public comment on Kennecott’s proposed Humbolt Processing Mill.

FOR MINING PERMIT, KENNECOTT EAGLE MINERALS

PROPOSED HUMBOLDT MILL PROJECT

Michigan Department of Environmental Quality

April 15, 2009

Proposed Decision

The Michigan Department of Environmental Quality (MDEQ) is deferring the proposed decision on the application for a Mining Permit submitted by Kennecott Eagle Minerals Company (KEMC) for the Humboldt Mill Project in Humboldt Township, Marquette County. The application was submitted under the provisions of Part 632, Nonferrous Metallic Mineral Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). KEMC also submitted applications under the NREPA for a Michigan Air Use Permit – Permit to Install under Part 55; a National Pollution Discharge Elimination System Permit under Part 31; and an Inland Lakes and Steams Permit under Part 301.

Part 632 requires the MDEQ to make a proposed decision by April 15, 2009. However, KEMC waived the deadline for the proposed decision to allow for processing all MDEQ permits related to the project in a coordinated fashion. Section 63205(15) of Part 632 provides that the applicant may waive certain timelines to facilitate the coordination. It is anticipated the MDEQ will make a proposed decision on the application for a Mining Permit by June 17, 2009. In addition, at that time the MDEQ will establish a time and place for a consolidated public hearing on the proposed decision for the Part 632 application and draft decisions on the applications for the other MDEQ permit applications noted above. Notice of the public hearing will be posted on the MDEQ web site.

Application Review Process

The MDEQ received the KEMC application for a Mining Permit on December 26, 2008. Prior to receiving the application, the MDEQ had formed a Mining Application Review Team (the “Mining Team”) to review the application and public comments. The review team consisted of technical experts from MDEQ, MDNR, and one outside contractor.

The MDEQ determined the application was administratively complete (i.e., it contained all of the required documents and information) on January 9, 2009. The MDEQ held a public meeting on the application on February 18, 2009 and accepted public comments for 28 days after the meeting.

The Mining Team conducted an initial review of the application and identified areas that needed clarification or additional information. MDEQ sent KEMC a letter on February 25, 2009 listing areas where supplemental information and data are needed to complete a thorough, accurate, and comprehensive review of the application. Part 632 provides for the submission of additional information and data to supplement and clarify information supporting the application.

All information submitted to date by KEMC relating to the Part 632 application has been posted on the MDEQ internet site. Paper copies of the information were made available for review at the Peter White Library in Marquette, the Humboldt Township Hall, and MDEQ offices in Gwinn and Lansing. As additional information is submitted by KEMC it will be made available at all of the locations listed above.

Public Comments and DEQ Response available at the following link:

http://www.michigan.gov/documents/deq/Response-Public-Comments-2009-04-15_275038_7.pdf

Send Kennecott Humboldt Mill Comments to the DEQ

Kennecott is proposing to operate a metallic sulfide mine in one of Michigan’s last wild areas, the Yellow Dog Plains, and recently submitted an application to re-open a milling facility in Humboldt Township, Michigan for processing of ore from the mine site. If approved, Kennecott’s proposed milling facility operations could result in environmental degradation and human health hazards. The DEQ is accepting written comments until 5:00 p.m. Wednesday, March 18, 2009.

Click here to start the online comment process