September 2016 Newsletter
September 8, 2016
Dear WRPC Member and Friends of the Menominee River,
In a surprise news release at the beginning of the Labor Day weekend on September 2, 2016, the Michigan Department of Environmental Quality (MDEQ) announced it was going to approve the mine permit for Aquila Resources’ metallic sulfide mine (the “Back Forty Project”) next to the Menominee River in Lake Township, Michigan. Newspaper headlines have described the announcement as a “draft mining permit” rather than a final decision on an actual mine permit. Nevertheless, Aquila’s stock value increased 27% on the Toronto Stock Exchange after news of the draft mining and pollution permits was announced.
“The Menominee Indian Tribe of Wisconsin is sickened by MDEQ’s decision”
Menominee Tribal Chairwoman Joan Delabreau immediately criticized the decision and promised to “continue to fight to protect any land within our ancestral territory that contains the remains of our Ancestors and our cultural resources.”
Tribal Historic Preservation Officer, David “Nahwahquaw” Grignon also criticized the federal government’s failure to uphold its trust responsibility to Tribes “through their inaction to protect our sacred and cultural resources on the Menominee River and the site of the Back 40 Mine.”
(see http://www.wispolitics.com/1006/160902_Menominee_MIDEQ_Mine.pdf)
What’s the rush on permitting this mine?
MDEQ gives preliminary approval before all the information has been submitted
The MDEQ is holding a 64 day consolidated public comment period, from September 1, 2016, through November 3, 2016, and a consolidated public hearing on October 6, 2016 at the Stephenson High School in Stephenson, MI from 6:00 pm to 10:00 pm CST. The hearing will consider comments on the mine permit, an air and surface waters discharge permit and a wetlands permit. Written comments can be submitted to MDEQ until November 3, 2016. The MDEQ is required by law to issue a final mining permit decision on or before December 1, 2016. However, the public still does not have access to all the information necessary to evaluate the permits.
The wetlands permit application is incomplete. Aquila has not yet responded to comments on its wetlands permit from the Environmental Protection Agency and the U.S. Army Corps of Engineers. Aquila’s original wetlands application overlooked significant wetlands on the mine site.
The National Pollution Discharge Elimination System (NPDES) permit is likewise incomplete.
The proposed mine poses a major pollution threat to the Menominee River and has provoked significant local opposition to the project. Before Michigan can issue a pollution discharge permit they are required to show that the degradation of water quality in the Menominee River is necessary to support important social and economic development in the area.
There is little evidence that MDEQ has considered the negative economic and environmental impacts of the loss of property values, or recreational and sport fishing opportunities from mine pollution downstream on the Menominee River or in Wisconsin communities. MDEQ has likewise failed to consider the devastating cultural impact of the loss of traditional cultural and historical resources for the Menominee Tribe of Wisconsin. This failure is at odds with new legislation in Michigan to recognize and preserve Native American historical sites.
Act 247 and Senate Bill No. 253 encourages collaboration with tribal governments to promote and preserve the history of Native Americans in Michigan
Act 247, approved by the Governor on June 23, 2016, calls for a “master plan to promote and preserve the history of Native Americans in Michigan,” including “the making of applications for inclusion in the National Register of Historic Places.” As I have noted in the last newsletter (July 13, 2016), the Archaeological Investigation Report for the Back Forty project identified several archaeological sites that are likely to be eligible for listing in the National Register of Historic Places. Additionally, the proposed mine is very near other sites of known religious, cultural and historical significance to the Menominee Tribe.
The effective date of this legislation is September 22, 2016. MDEQ’s sudden announcement that Aquila’s application meets the requirements for approval under Michigan’s mining law seems calculated to deprive the Menominee Tribe of the opportunity to submit an application for inclusion in the National Register of Historical Places and thereby protect and preserve these valuable and irreplaceable sites, artifacts and human remains.
Menominee River Water Walk and “Remembering Our Ancestors” Gathering
On September 21, 2016 the Menominee Indian Tribe of Wisconsin will lead a “Walk for the Sacred Water Where Our Wild Rice Grows” beginning on the Menominee reservation and ending at the proposed mine site in Stephenson, MI. The route can be found at: https://www.google.com/maps/d/viewer?mid=z-GcBuwY88xQ.kUruoAITRIN4
The “Remembering Our Ancestors” Gathering will take place the next day, Thursday, September 22, 2016 at the boat landing on the Menominee River.
Directions to boat landing: US 41 North from Menominee, MI to Stephenson (21 miles), G12 West to River Road (11 miles), North on River Road past Back Forty field office to boat landing on left (5 miles). For more information, go to: www.motherearthwalk.com or contact Guy Reiter (715)-853-2776.
This mine is not a done deal. Join the water walk and gathering on September 21 and 22 and show Aquila that they do not have a social license to operate this mine.
If the date on your mailing label is anytime before 09/16, it means your annual membership is due ($15 for regular or $5 for senior/low income). Thank you for your support in our efforts to protect our precious waters.
Al Gedicks, Executive Secretary