Twenty-nine people made it to Harlow Park, in Marquette, on a cold Valentine’s Day evening, last week, to show their appreciation for the Yellow Dog Plains and express dissatisfaction with the Michigan Department of Natural Resource’s (DNR) approval of Kennecott’s surface land use lease and mining reclamation plan. Simultaneous vigils were held in Big Bay and on Eagle Rock, on the Plains. The event was organized by Yellow Dog Summer and sponsored by Keepers of the Water, Northwoods Wilderness Recovery and Save the Wild UP.

Vigil Starts as Sun Sets photo courtesy Teresa Bertossi

Event organizers staged luminaries along shoveled paths and participants held lit candles and sang, shared stories and offered suggestions for stopping the Kennecott project.

Organizer, Teresa Bertossi, commented, “Our public officials have failed us, this candlelight vigil marks a turning point in the movement to protect our natural resources from sulfide mining…it is now in the hands of the people. If we work together as a community we can stop the Eagle Project”

Because state land belongs to the citizens of Michigan and the land is utilized by the public for recreational purposes, Yellow Dog Summer views the recent DNR action to be a violation of the public trust and a “taking” of public property.

Excluding the public from state lands is illegal under Michigan law and violates public trust rights to open navigation, hunting and fishing. The Keweenaw Bay Indian Community (KBIC) also maintains fishing, hunting and gathering rights in the area, by an 1842 treaty with the US government.

The State of Michigan has shown its disregard for the public’s rights since it began working with Kennecott Minerals Co. A report commissioned by Prime Meridian Resources, which has projects in the UP, correctly notes that “the current political environment concerning environmentally responsible metallic mining is considered favorable in the states of Minnesota and Michigan, particularly the Upper Peninsula (UP).”

Upon initiating a work group to create a statute and rules for metallic sulfide mining in Michigan, Skip Pruss, DEQ Deputy Director, instructed the group that they would not discuss Wisconsin’s “moratorium” law. The agency’s first priority was stripping townships of previous authority to regulate mining activity and granting this authority to the DEQ.

In March, 2007, the DEQ was forced to withdraw a preliminary approval after getting caught suppressing a report (commissioned by the DEQ) critical of Kennecott’s data regarding bedrock stability, a problem shared with the company’s Flambeau Mine.

In December, the DEQ approved Kennecott’s mining application based upon company data that included false, misleading and inaccurate assumptions regarding water drawdown in adjacent wetlands as well as the stability of the crown pillar. Data solicited by three groups, including the Keweenaw Bay Indian Community (KBIC), from established environmental and industry consultants revealed major flaws in nearly every facet of Kennecott’s application.

After delaying a decision, DNR Director Rebecca Humphries approved a surface land use permit and mining reclamation plan, at a February Natural Resources Commission (NRC) meeting. The decision allows Kennecott to fence and occupy 120 acres of public land until at least 2042. Revealing of the rushed manner of the decision, Tom Wellman, Mineral and Land Management Section Manager, at the DNR, was still asking Eagle Project manager, Jon Cherry, to clarify certain issues during the NRC meeting. As with the DEQ, the DNR relied on Kennecott’s own data to formulate its assumptions regarding the safety of the project. The DNR Forest, Mineral & Fire Management Chief, Lynne Boyd, assisted in providing faulty information regarding locations of surface water in the project area.

With final DEQ and DNR approval, Kennecott now feels comfortable discussing the company’s transportation route and plans to power the mine as well as its six other projects in the area.

According to the Alger-Delta Cooperative Electric Association, Kennecott will be purchasing power from the company and utilizing diesel generators at the site. Alger-Delta held a meeting in Powell Township, February 18, to notify the public of its plans for a power upgrade in the area.

Kennecott will also be constructing a road south of the Eagle Project that will likely connect with the Wolf Lake Road, on its way to Humboldt. Much of the land in the road’s path is owned either by private individuals or is Plum Creek Timber Co. land subject to the Commercial Forest Reserve Act. A. Lindberg & Sons has been considered to work on building this road.

Public distrust of state agencies, particularly the DNR and DEQ are now reaching a head. A Sportsmen’s rally, in Marquette, February 16, took place related to concerns that the State is not following its mandate to “protect and conserve the natural resources of the State prevent and guard against the pollution of lakes and streams within the State.” Sportsmen argue that the State is instead prioritizing paying state administrative salaries.

The DEQ and Governor’s office have been under criticism for years regarding handling of the Dow Chemical clean-up process of the Tittawbawassee and Saginaw Rivers. An August, 2007, confidential Environmental Protection Agency (EPA) memo contains a scathing criticism regarding the improper handling of the remediation process by both the Governor’s office and the DEQ. The memo noted that Dow has gained unprecedented access to the Governor and DEQ Director, Steven Chester. The memo criticizes the DEQ and various Michigan legislators for helping Dow to soften environmental standards and delay major clean-up activities, thus reducing potential liability damages for the company.

For 7 years prior to his appointment, Chester worked for the law firm, Miller, Canfield, Paddock & Stone, which represents Dow in litigation involving the dioxin contamination.

The State of Michigan continues to ignore the opposition of 10,000, mostly UP residents, that signed a petition opposing the Eagle Project as well as the more than 80% of registered voters in Powell Township that oppose the project. These citizens are committed to defending their public land and natural resources and stopping Kennecott’s Eagle Project.

Kora Dances With Fire photo courtesy Teresa Bertossi

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