Keeping Roscoe's Struggle Alive
Published by MAC on 2007-03-13Keeping Roscoe's Struggle alive * (see note below)
Laura Furtado
13th March 2007
Dear environmental friends,
This is a call to rally the troops. Kennecott (AKA Flambeau Mining Company) has applied to the Wisconsin DNR for a Certificate of Completion (COC) for its reclamation activities at the Flambeau Mine site (see attached news article from the Ladysmith News, labeled as LN20071018). What it boils down to is that FMC wants to get back its $11 million reclamation bond, based on the company's claim that the site has been successfully reclaimed (If a COC is awarded, the State of Wisconsin can return up to 80% of the bond - the remaining 20% would be held for an additional 20 years).
This issue not only impacts those of us who live in Wisconsin, but people in the Upper Peninsula of Michigan and Minnesota as well. You see, Kennecott is trying to gain approval to construct mines in those two states at the present time and has been using the Flambeau Mine as its calling card, telling everyone what a wonderful job the company did at Ladysmith. If Kennecott succeeds in getting a COC for the Flambeau Mine, the company WILL use this to bludgeon down Wisconsin's mining moratorium law and claim the company has done what no one else has ever managed to do - successfully reclaim a metallic sulfide mine. The only problem is that the Flambeau Mine site has NOT been successfully reclaimed. Basically, everything that Roscoe and Evelyn Churchill said would happen with regard to acid mine drainage is happening even as we speak - and at some point down the line (it may take decades), I fully expect the area will be declared a Superfund site. Here are some of the issues of concern:
1. The groundwater within the backfilled mine pit is grossly polluted with heavy metals, and the groundwater is seeping through fractured bedrock directly into the Flambeau River. Not only did the company underestimate the amount of groundwater pollution that would occur within the backfilled mine pit, but the rate at which it would seep into the river. Take the example of manganese! Prior to mining, levels ranging from 30-290 mcg/l were measured in "deep Precambrian wells" at the mine site. Since the drinking water standard is 50 mcg/l, that meant some wells already exceeded the safety limit even before Kennecott crushed up the bedrock and pushed it into the unlined pit. Kennecott predicted at the time of the Master Hearing that levels would increase to 522 mcg/l within the backfilled pit. But guess what really happened! Levels of 42,000 mcg/l were measured in April 2005 in one of the wells (80 times higher than predicted) and will undoubtedly remain grossly elevated for centuries (levels bounced around in 2006, decreasing to 22,000 in January, increasing to 36,000 in July and decreasing to 23,000 in October 2006). By the way, high manganese intake from drinking water can cause nerve problems similar to those seen in Parkinson's disease.
2. Sediment, crayfish and walleye specimens collected in the Flambeau River downstream from the mine site already show higher levels of heavy metals than upstream samples, even though the mine has been closed for only ten years.
3. It appears that FMC may be positioning itself to try to avoid any discussion of groundwater and surface water issues at the contested hearing - and instead limit the scope of the hearing to above-the-ground issues (i.e., plant species, hiking trails, bird surveys). As Sandy Lyon put it, "That's a 'half COC'd plan,' and if the DNR goes along with it and allows Kennecott to declare ''Mission Accomplished,' the hearing will be nothing but a scam/sham." (We are checking into converting Sandy's statement into a cartoon that we hope to run in newspapers as a paid advertisement!)
4. FMC's annual reclamation reports make no mention of the various endangered species found at the site prior to mine construction. Were those species impacted by the mine?
5. The company has failed to monitor a naturally-occurring wetland located directly between the backfilled mine pit and Flambeau River for adverse impacts.
6. And the list goes on and on (see attached letter that contains comments I plan to send to the DNR - labeled as LFWrittenComments).
The DNR has put a March 22, 2007 deadline on submitting written comments to the department regarding Kennecott's COC (see attached notice from the DNR, labeled as DNR20070221), and a prehearing conference has been scheduled for Tuesday, April 17, 2007 at 1:00 PM in the County Board Room of the Rusk County Courthouse. The actual hearing, which will be conducted as a contested case, will likely be held in May.
So what can you do? There are three things:
1. Submit written comments to the DNR by the March 22nd deadline. At a minimum, would you be willing to write to the DNR and make the point that the hearing MUST include a discussion of groundwater and surface water quality issues? Here is where to send your letter:
Philip Fauble
Wisconsin DNR
Bureau of Waste and Materials Management
101 South Webster St.
PO Box 7921
Madison, WI 53707-7921
If anyone wants or needs additional information about any of the issues listed above or in the attached letter (labeled as LFWrittenComments), please contact me and I will try my best to get you whatever factual information you may need to back up your concerns. In addition, FMC's 2006 annual report (which contains groundwater data) and annual reclamation report (which contains "surface" data like plant, bird and butterfly surveys) is available on the internet at: http://www.flambeaumine.com (click on reports).
2. The Wisconsin Resources Protection Council, an organization that Al Gedicks and the Churchills founded in 1982 with the help of other concerned citizens (www.wrpc.net), has hired Attorney Glenn Stoddard of Eau Claire to represent its interests in the upcoming hearing. Any money you could contribute to help cover legal expenses, the cost to hire expert witnesses and/or paid advertisements to alert the public to what's happening would be greatly appreciated. If you wish to contribute, please make your check payable to WRPC and send it to Al at the following address:
Al Gedicks
210 Avon Street #4
La Crosse, WI 54603
3. Send this information around to people and distribute it widely on your environmental lists. This is especially important for the Michigan and Minnesota people. If Kennecott gets away with its "half COC'd plan" in Wisconsin, it will cause GREAT pain across the entire mining district.
Roscoe may no longer be here as our "lead goose," but the formation needs to stay intact and keep flying! Thanks for your help.
Sincerely,
Laura Furtman
Webster, WI 54893
* Roscoe Churchill, along with his wife Evelyn, was a founder of the movement against Rio Tinto's Flambeau Mine. His death in early February this year, was commemorated on the MAC website. See: