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This Smells Bad: Aquila Back Forty Wetland Permit Approved

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FOR IMMEDIATE RELEASE — JOINT PRESS STATEMENT

DEQ Director Approves Aquila Back Forty Mine Wetland Permit, Despite DEQ Objections

STEPHENSON, MI — Environmental groups are crying foul over Monday’s decision by the Michigan Department of Environmental Quality (DEQ) to approve the Aquila Back Forty Wetland Permit. In a joint statement, the Mining Action Group (MAG) of the Upper Peninsula Environmental Coalition (UPEC), the Front 40 Environmental Fight, and numerous regional environmental groups say they are outraged by the unwarranted approval and are calling on DEQ Director to explain her decision.

“This smells rotten. Director Grether’s approval of the Aquila Back Forty Wetland permit was a political act, directly contradicting the recommendation of DEQ’s own Water Resources Division (WRD). This permit is inconsistent with the Clean Water Act,” said Kathleen Heideman of the Mining Action Group.

The Wetland permit should have been denied, according to the agency’s “Findings of Fact”:

“After due consideration of the permit application, on-site investigation and review of other pertinent materials, the Water Resources Division finds that the project does NOT demonstrate that an unacceptable disruption to the aquatic resources of the State will not occur and that the activities associated with the project are NOT consistent with the permitting criteria for an acceptable impact to the resources regulated under Parts 301, Inland Lakes and Streams, and Part 303, Wetlands Protection.”

Even the DEQ’s decision letter was not an endorsement: “We have determined that the (Back Forty) project as proposed could not be permitted without additional supporting documentation because the hydrologic modeling provided does not define the anticipated impacts to aquatic resources.”

Ron Henriksen, spokesperson for the Front 40 Environmental Fight, was stunned. “Against the findings of Water Resources staff, Director Grether of the DEQ granted a permit with 28 pages of ‘Special Conditions.’ Why wasn’t this permit denied? The serious hydrological concerns we’ve raised remain unaddressed. Aquila’s mine will harm wetlands of the Menominee River and aquatic resources shared by Michigan and Wisconsin, yet these concerns were somehow overruled. The Menominee River certainly deserves better.”

Overlooking the application’s gaping holes, DEQ issued Aquila’s Wetland permit “conditionally” and has required “submission and approval” of key additional information including “revised hydrologic modeling, an adaptive management plan, a comprehensive monitoring plan, and requisite wetland and stream mitigation.” Under the Clean Water Act, however, this information must be provided BEFORE a wetland destruction permit is granted, not after.

“Accurate hydrologic modeling, monitoring, and compensatory mitigation based on real data are the foundational requirements of a wetland permit application, not special permit conditions! By law, Aquila should have provided this information at least two years ago. This is fundamental to the review of any Wetland permit application,” said Steve Garske of the Mining Action Group.

The Clean Water Act requires compensatory mitigation ratios based on total wetland impacts, and a clear demonstration that the proposal is the Least Environmentally Damaging Alternative. According to the DEQ Water Resources Division’s “Finding of Fact and Conclusion of Law”, the “application does NOT demonstrate that a feasible and prudent alternative does not exist. The application fails to fully define the extent of impacts to regulated resources.” Grether, in approving the permit, ignored the conclusions of those regulators who understood the permit application and its myriad failings.

How Was the Back Forty Wetland Permit Approved?

In a “Wetland Augmentation Plan” recently submitted to the DEQ, Aquila hedged the validity of their data, claiming that “confirmation of the findings pursuant to the modeling can only be accomplished by wetland hydrology and vegetation monitoring during mining operations.” Bad data? No problem, the mine said. Simply pump water from the Menominee River into the wetlands if impacts exceed estimates.

A few weeks earlier, Aquila recalculated their wetland impacts using a hydrological method recommended by multiple technical reviewers, and reported a 50% increase in the total acres of wetland impacts caused by dewatering — the application was getting worse, rather than resolving state and federal concerns.

“I am shocked by DEQ’s approval of the Aquila Wetland permit: in my judgement, there was an airtight case against it. We stand by our extensive technical comments, even though Grether chose to ignore the independent reports we commissioned. With her hasty political decision, the Director says science will not sway her approval process: ‘Mines first, environment be damned!’ Through our efforts, reviewing this permit, regional environmental groups demonstrated the Back Forty mine is a disaster in the making. Polluting the Menominee River again? Harming aquatic life? Damaging wetlands? For our survival, Aquila Resources and the State of Michigan must look beyond short-term profits,” said Horst Schmidt, president of the Upper Peninsula Environmental Coalition.

Strong Federal Objections

The EPA’s objections were first announced in a March 8th, 2018 letter to the Michigan DEQ:

“The applicant has not provided a complete description of the project, including a final site plan identifying the final location of key project features, including storm water and waste management features. The proposed site layout is not consistent with the approved state Permit to Mine. Nor are all impacts of the project identified in the application, including impacts caused by any planned underground mining, a power plant, and mining water management systems. Without this information, the reviewing agencies cannot adequately assess the extent of the proposed mine’s impact on aquatic resources as required by the CWA, and or determine whether the applicant has minimized and avoided aquatic resource impacts, as required.”

The EPA letter pointed out that Aquila “states that the project will not adversely affect water quality of the Menominee River but does not explain how the project will be managed to ensure discharges will meet water quality standards, including sufficient monitoring locations, minimization measures, and adaptive management procedures to prevent leaching of toxic compounds from mine storage facilities and from the mine pit into the River.”

The EPA objected to “Aquila’s failure to adequately characterize secondary impacts to wetlands and “lacks information regarding the extent of wetlands that will be impacted by the project and how these wetlands will be affected by the proposed project’s Menominee River drawdown of some 125,000 gallons per day.”

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

EPA directed the DEQ to “resolve those concerns” within 90 days. If not resolved in that time, DEQ was “directed to deny the permit for the mine.” But Aquila Resources did not resolve these concerns. There is still NO finalized site plan or acknowledgement of planned underground mining facilities, NO approved plan to prevent leaching of toxins into the Menominee River, NO accurate hydrological model for the mine site, and the Back Forty wetland impacts remain UNKNOWN.

All Federal Objections Were Mysteriously Rescinded

“This decision is a stunning example of big-money politics taking precedence over the public good,” said Garske.

“I’d like to say I was surprised by the approval of the Back 40’s wetland permit, but actually was not,” said Deb Skubal of the Front 40. “This whole outcome is consistent with how the DEQ has operated thus far. The Director went so far as to write “the project as proposed could not be permitted without additional supporting documentation”. My conclusion: Aquila Resources has never put any effort into a serious wetland permit request, and DEQ knows it.”

“Aquila’s Wetland permit is the most inept, shoddy heap of paperwork I’ve ever seen. When the permit is held up to the light of legal scrutiny, light will shine in through a thousand holes,” said Heideman.

Environmental Groups Cry Foul: Statements on the Michigan DEQ Approval of Aquila Back Forty Wetland Permit

“We’re appalled that DEQ would overrule its own experts to cater to this company. The issuance of this permit defies the law and betrays the public trust.” – Dave Dempsey, senior advisor for FLOW (For Love of Water).

“A sulfide mine on the shores of the Menominee River endangers the health and way of life of the entire region to profit a foreign owned corporation. Michigan DEQ’s approval of the wetland permit an injustice to all of us.” – Raj Shukla, Executive Director of the River Alliance of Wisconsin.

“I pray for the wild rice people while I take note of the names of each and every federal and state official approving every single aspect of this 800 foot deep open pit mine less than 100 feet from the great Menominee River. Every single one of them must be held accountable when this fails and harms the fishery, the drinking water for millions of people and more. Accountability is a predominate conservative principal. They must all be held accountable in full measure.” – Jeffery Loman of the L’Anse Indian Reservation.

“The Michigan DEQ Director has issued the Back Forty Mine’s Wetlands Permit with 31 pages of conditions ignoring the scientific recommendations of the DEQ’s water quality division, and the overwhelming public opposition to the permit!” – John Engel, Sierra Club John Muir Chapter Executive Committee at Large Member.

“The MDEQ decision is a fundamental violation of their legal responsibility under the Clean Water Act to evaluate the impact of this project on wetlands, aquatic resources and the Menominee River. MDEQ has issued a permit without the faintest idea of what the impacts may be and have entrusted Aquila with the responsibility of assessing the impacts and taking appropriate actions to prevent the adverse impacts that are prohibited by the Clean Water Act. This is the same thing as letting the mining company write their own permit without transparency or accountability to the public, the Menominee Indian Tribe or the environment.” – Al Gedicks, Executive Secretary of the Wisconsin Resources Protection Council.

“DEQ’s approval of the wetlands permit obviously ignored the opposition to this mine by thousands of people. Why were we ignored?” – Dick Dragiewicz, avid Menominee River fisherman.

“The Wisconsin Smallmouth Alliance is extremely dismayed at this blatant disregard for our pristine environment and cultural heritage.” – Jerry Pasdo, President of the Wisconsin Smallmouth Alliance.

“This certainly is not the end of our opposition; it is the resurrection of government ‘of the people, for the people, and by the people.’ We stand united with organizations all across the state of Wisconsin and Michigan, and we are in it for the long haul.” – Dale Burie, President of the Coalition to SAVE the Menominee River, Inc.

“The fact that eight Native American tribes have fought this mine should have been enough. Or the fact that the Menominee River was selected as one of the ten most endangered rivers in America. Or the amount of local opposition. An open pit mine on the edge of a river that flows directly into the Great Lakes — SWP staff can’t imagine a worse location.” – Carl Lindquist, Executive Director of Superior Watershed Partnership and Land Trust

“The Department of Environmental Quality’s disappointing decision represents yet another fundamental failure by the agency to safeguard Michigan’s precious water resources. We continue to see the DEQ give preference to polluting industries, in this case allowing a mining company to make fortunes while polluting the pristine waters of the Upper Peninsula. The impact of this reckless decision will be felt for generations, with negative impacts on waterways in both Michigan and Wisconsin.” – Bob Allison, deputy director at Michigan League of Conservation Voters.

“Michigan Environmental Council (MEC) and our members are extremely frustrated by DEQ’s issuance of this wetland permit. In particular we are concerned by the large and complex nature of the many extra permit conditions that the DEQ has elected to apply in this case. These additional requests appear to be an attempt to force the mining company to fix major shortcomings that should have been resolved as part of their Part 632 mining permit — including mine closure issues, groundwater modeling needs, adequate baseline data, etc. The extensive conditions of the wetland permit, alongside the basic fact the the mine site plan the company used to get their wetlands permit was completely different than the plan they used in their earlier Part 632 mining permit, suggest to us that the DEQ is simply determined to allow risky mining operations to move forward, even if their plans to protect our water resources are inadequate and flawed. If this company can protect Michigan’s precious water resources as required by law — and that is a big “if” — then the MDEQ should require them to prove it before granting them rights to dig an open-pit mine, unleash acid mine drainage, and process their ore with cyanide in this beautiful and uniquely vulnerable place.” – Chris Kolb, Michigan Environmental Council President.

Key Files
Aquila Back Forty Wetland Permit, Issued 6-4-18
https://www.michigan.gov/documents/deq/wrd-back-forty-permit-wrp011785_624647_7.pdf

Supplemental Comments on Aquila Back Forty “Wetland Augmentation Plan”, Mining Action Group, 5-31-18
http://bit.ly/Augment-Deny

Findings of Fact and Conclusions of Law – Water Resources Division, Michigan DEQ, 4-30-18
http://bit.ly/Findings-of-Fact

EPA Objection Letter, 3-8-18
http://bit.ly/EPAobjects-Back40

EPA Objects to the Issuance of Aquila Back Forty Wetland Permit, 3-15-18
http://bit.ly/EPA-Objects-to-Wetland-Permit

Acknowledgements

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

Mission of the Upper Peninsula Environmental Coalition

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

Mission of the Mining Action Group

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

Mission of the Front 40 Environmental Fight

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

EPA Objects to the Issuance of Aquila Back Forty Wetland Permit

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

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

EPA’s objections include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SUPPORT

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

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

DOWNLOAD FILES

 

Mission of the Upper Peninsula Environmental Coalition

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

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

Mission of the Front 40 Environmental Fight

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

Coalition To Save The Menominee River

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Guest article by John Engel 

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

BACKGROUND – AQUILA BACK FORTY PROPOSAL

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

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

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

WETLAND PERMIT CONTROVERSY

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

GROWING OPPOSITION TO BACK FORTY PROJECT

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

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

CONCERNED CITIZENS

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

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

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

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

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

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

What can we do to help?

 

 

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

Speaking Out on Behalf of Wetlands

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

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

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

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

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

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

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

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

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

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

Stay vigilant!

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

 

NOTE OF GRATITUDE

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

 

ACTION ALERT – DIVEST FROM AQUILA’S BACK FORTY PROJECT!

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TELL INVESTORS THIS PROPOSED OPEN PIT SULFIDE MINE NEXT TO THE MENOMINEE RIVER HAS NO “SOCIAL LICENSE TO OPERATE”

Aquila Resources has proposed a large open pit sulfide mine a mere 150 feet from the Menominee River (a major Lake Michigan tributary which forms the Wisconsin-Michigan border and flows into Green Bay). The mine footprint is located on the original tribal homeland of the Menominee Indian Tribe of Wisconsin. The tribe is concerned about pollution of the Menominee River and the destruction of sacred sites.

TAKE ACTION — Send a letter to the main financial investors in the Back Forty proposed mine letting them know that this project faces growing opposition* in Wisconsin and Michigan and does not have a “social license to operate.” According to mining risk analysts like Ernst & Young, the fourth greatest risk to mining investors comes from “ignoring community voices and their environmental and public health concerns.”

Send letters to the principal investors in the Back Forty project:

Mr. Oskar Lewnowski, CIO
Orion Mine Finance Group
1121 Avenue of the Americas, Suite 3000
New York, NY 10036

Candace Brule, Investor Relations
HUDBAY
25 York Street, Suite 800
Toronto, Ontario M5J 2V5
Canada
Email: investor.relations@hudbaymminerals.com

Ruffer
80 Victoria Street
London SW1E 5JL
United Kingdom

* Growing opposition as indicated by resolutions against the proposed mine by local units of government, including Marinette County, Brown County, the cities of Peshtigo and Marinette and the towns of Wagner and Porterfield in Wisconsin. Tribal governments that have passed resolutions against the mine include the Menominee Indian Tribe of Wisconsin, the Oneida Tribe of Wisconsin, the Bad River Ojibwe Tribe of Wisconsin, the Keweenaw Bay Indian Community of Michigan, the Pokagon Band of Potawatomi,the Saginaw Chippewa Tribe and the Chippewa Ottawa Resource Authority of Michigan. American Rivers, a national conservation organization has listed the Menominee River as one of the 10 most endangered rivers due to the threat from sulfide mining”.