Back Forty Mine project is not a done deal
October 11, 2019
Eagle Herald
Dear Editor,
Back Forty project — is it a done deal? No.
Aquila does not have all necessary Back Forty permits. As of Oct. 6, only one of five required permits has been both issued and deemed “effective,” and that is the NPDES Permit, No. 1 on the list below.
Definitions:
“Issued” — means that a permit has been signed.
“With Conditions” — means a permit is signed and tentatively approved, pending conditions that ALL have to be met before mining could begin
“Effective” — means the permit has met all conditions, if there were any attached, and the permit is fully granted.
¦ NPDES Permit: Issued and effective. This is the National Pollution Discharge Elimination System permit, involving water discharge to the Menominee River.
¦ Mining Permit 632 Amendment: Amendment (with major changes) to the original Mining Permit 632 was in Public Comment period until July 23 and then awaiting final decision by EGLE (formerly MDEQ).
¦ Modified Air Quality Permit: Amendment was in Public Comment period until July 23 and then awaiting final decision by EGLE.
¦ Wetland Permit: Issued but not effective and contains 28 pages, single-spaced typed, of conditions that would have to be met before it was considered effective. This permit is also involved in two contested cases against the MDEQ (now EGLE) and TWO federal court cases against the EPA and Army Corps of Engineers.
¦ Dam Safety Permit: Still under deliberation by EGLE.
On June 20, there was an important ruling from Luke Trumble of EGLE. The project assessment was not adequate to complete the review of the project. Much additional information was requested of Aquila. Also, referenced documents were not provided with the application; EGLE asked for more details on 11 substantive issues.
In response to EGLE’s Oct. 9 request for further information regarding the Dam Safety Permit application, Aquila received one extension until Oct. 3; on Oct. 3 Aquila requested a further extension until Nov. 4.
Dale Burie, president
Coalition to SAVE the Menominee River Inc.