Aquila Resources, a Canadian exploration company that has never operated a mine before, has proposed an open pit metallic sulfide mine deeper than the height of Wisconsin’s tallest building, Milwaukee’s U.S. Bank tower. The John Muir (WI) and Michigan Chapters of the Sierra Club and dozens of other groups oppose the Back Forty sulfide mine proposal for a number of reasons. The proposed 750-feet deep open pit mine alone would be located 50 yards from the Menominee River that serves as the Wisconsin-Michigan border. 70 million tons of acid-producing waste rock and milled tailings would be produced – far larger than the Crandon mine proposal defeated in 2003 after more than 30 years of opposition.
The mine pit would consume 84 acres of land and additional underground mining has been proposed that would extend the life of the mine to more than 16 years of operations. The company has received some preliminary approvals by the Michigan Department of Environmental Quality (MDEQ).
The proposed mine has special significance for the Menominee Indian Tribe of Wisconsin because it is their original tribal homeland site that includes prehistoric burial mounds, village sites, raised farming beds, and more. The Menominee reservation is 60 miles southwest of the proposed mine but the tribe’s sacred place of origin is at the mouth of the Menominee River. The tribe fears that sulfide wastes from the proposed mine threatens pollution of the Menominee River and the spawning grounds for one of the largest populations of lake sturgeon in the Lake Michigan basin.
The proposal would require extensive groundwater pumping for many years that will affect the Menominee River and area wetlands. The river itself is further threatened by wastewater discharged into it and potential short and long-term discharges of acid mine drainage from the mine pit and wastes. In addition to lake sturgeon, the Menominee River watershed supports strong populations of small mouth bass, walleye, northern pike and trout. The Menominee has been named as one of America’s most endangered rivers due to the threats from mining and its importance as an aquatic habitat that supports sport fishing and tourism in both the river, Green Bay and Lake Michigan. Green America published a great article about Back Forty background and issues in their magazine.
In February 2017 the Menominee Tribe filed a petition for a contested case hearing on DEQ’s decision to approve the mining permit for the proposed Back Forty mine. “The MDEQ and Aquila Resources Inc. are well aware of the Menominee Indian Tribe’s close cultural connection to this area and our serious concern in regards to our cultural resources and mounds, including our ancestral burial sites located within the impact area of the proposed mine. Despite these valid and well-documented concerns, a full evaluation of the cultural resources and mounds threatened by this project never occurred,” stated Gary Besaw, Menominee Tribal Chairman. Because Michigan is one of only two states that has been delegated authority under the Clean Water Act, the mine application process is subject only to state permits. Michigan DEQ is not required to consult with the tribe or comply with the provisions of the National Historic Preservation Act.
Nearly five hundred members of the public attended the January 23rd state wetlands permit hearing in Stephenson, Michigan. Over one hundred people provided testimony. All but four speakers spoke in opposition to the project. Over half the speakers represented Native American Nations, including the Menominee, Ho Chunk, Oneida, Stockbridge-Munsee, and Mole Lake Sokaogon Ojibwe.
On March 8, 2018, the EPA objected to the wetlands permit application and told DEQ it could not issue the permit unless deficiencies were addressed within 90 days. . “The Michigan Department of Environmental Quality, Water Resources Division (WRD) has completed review of wet land permit application # 2NN-5PE0-MT3W on April 30, 2018. After due consideration of the permit application, on-site investigation and review of other pertinent materials, the WRD 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”. The preceding quote in bold is from the MDEQ finding of fact and conclusion of law. Monday June 4, 2018 Michigan DEQ Director Heidi Grether issued the Aquila Back Forty wetland permit over ruling scientific findings by the regulators in the MDEQ Wetlands Division. Currently the wet land permit is being contested by The Menominee Nation and The Coalition to Save the Menominee River in Michigan Administrative Law Court. Basic impacts of the project are not identified in the application, including impacts caused by any planned underground mining, a power plant, and mining water management systems.
Opposition to the project goes far beyond the five hundred people who attended the public hearing. Seven local counties, two towns, two cities, dozens of tribal governments and intertribal organizations, environmental, sport fishing and faith-based organizations from both Michigan and Wisconsin have passed resolutions opposing the Back Forty project.
1.) Send Letters to the principal 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.” As described above, the project faces significant regulatory issues due to its threats to cultural and environmental resources. 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.”
Click here to email them. Or mail letters to:
- Mr. Sean Roosen, CEO and Chair of Board of Osisko Gold Royalties Ltd., 1100 Avenue des Canadiens-de-Montreal, Suite 300, Montreal, Quebec H3B 2S2, Canada Email: info@osiskogr.com
- Mr. Alan Hair President and CEO , HUDBAY, 25 York Street – Suite 800, Toronto, Ontario M5J 2V5, CANADA Email: alan.hair@hudbayminerals.com
- Ruffer LLP, 80 Victoria Street, London SW1E 5JL, UNITED KINGDOM, email: ruffer@ruffer.co.uk
- Mr. Oskar Lewnowski, CIO, Orion Mine Finance Group, 1121 Avenue of the Americas – Suite 3000, New York, NY 10036, email: olewnowski@orionresourcepartners.com
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Get your local unit of government (town, county, city), civic organization, sportfishing group or environmental group to pass a resolution opposing the Back Forty proposed mine. A sample resolution is linked here. Contact us if you'd like to do this in your community. Contact Elizabeth at elizabeth.ward@sierraclub.org or (608) 256-0565.
- Get involved with a local group opposing the Back Forty Mine: Learn more about how you can support efforts to oppose the Back Forty proposed mine by contacting:
- The Front 40 environmental group
- The Menominee Indian Tribe of Wisconsin
- The Mining Action Group in Michigan
- The Wisconsin Resources Protection Council
- The Coalition to Save the Menominee River