Surface Mining
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Aquila Resources in Zoning Fight Battle Over Back Forty Mine, Michigan

Published: November 13, 2018 |

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After successfully clearing the hurdles put forth by the EPA and state of Michigan, a Canadian mining company now finds itself about to cross swords with a tiny town board over its proposed Back Forty Mine.

Aquila Resources, which has been working for the last several years to gain state and federal permits needed to develop the open-pit sulfide mine on the banks of the Menominee River, is now finding itself up against the zoning ordinances in the town of Lake.

The tiny town of 849 people purports to have the authority to govern any mine’s hours of blasting, truck routes and the number of trucks moving in and out of the mine site every day, the location of state-required monitoring wells, and a host of other operational details that the town believes could affect the quality of life for its residents.

The mining company, on the other hand, believes itself answerable only to the state of Michigan and exempt from most local controls.

The town board appeared on the mining company’s radar over the last few months as it tweaked its zoning ordinances, causing the company to accuse it of making “unlawful attempts to circumvent Michigan’s non-ferrous metallic mining law … and prevent the development of the Back Forty Mine,” according to a notice the company has been sending out to the public.

The notice, which calls upon mine supporters to launch a letter-writing and phone-calling campaign to town officials and the local newspaper, claims the state’s Natural Resource and Environmental Protection Act clearly limits local authority over mine operations. It states, “Even concerning the limited exceptions, the rules must be reasonable in accommodating customary mining operations.

“The amended ordinances contradict state law and reflect an extraordinary level of overreach,” the notice states.

The company has made no legal challenge, but the town is taking no chances, declining to comment on its ordinances.

“I respectfully decline to be interviewed on the advice of legal counsel,” said town board member, town treasurer and zoning board member Charlene Peterson.

TOWN CLAIMS JURISDICTION

Peterson did provide the Press-Gazette with a copy of its zoning ordinance and its mineral extraction ordinance, complete with markings to show which paragraphs were added or amended in recent weeks.

Included in the ordinances is language explaining the town’s position that it has been granted legal authority by the state to enact ordinances that ensure the public health, safety and welfare, and legal authority under the Michigan Zoning Enabling Act to regulate land use.

The documents require mine developers to apply for a special land use exemption, just as is required of anyone wanting to develop gravel pit operations or even cemeteries.

The site plan submitted as part of the application must lay out building locations, proposed parking, a variety of landscaping considerations and other details.

It requires a description of the size of trucks and daily volume of traffic coming and going, and it demands a detailed description of a full truck wash facility, to “prevent the spread of fugitive dust, invasive species and any other contaminants outside the area of the mine site.”

Among other things, the applicant would also be required to identify all fuels, chemicals and other hazardous materials to be contained on the site and the method of the removal of those materials during the closure phase of the mine.

Types of explosives to be used for blasting, the methods for collecting debris, maps indicating where the explosives will be placed, information on the fish and wildlife that would be affected by blasting all must be provided to the town.

Jeff Lynott, director of exploration and geology for Aquila Resources, says water that would be filtered into the Menominee River from the Back Forty Mine Project in Michigan’s Upper Peninsula would be cleaner than the river.

Once the company would meet all the requirements spelled out in the 45-page chapter on special land uses, it would then find itself facing a variety of requirements under the town’s mineral extraction ordinance.

“This Mineral Extraction Ordinance applies to regulate a mineral extraction use that has already been approved for zoning purposes under the special land use requirements of the Lake Township Zoning Ordinance,” the document states.

The ordinance addresses regulations that it says may be enforced regardless of whether they are subject to review by the Michigan Department of Environmental Quality.

That would include such things as requiring perimeter fencing, hours of operation, vehicle routing, blasting hours, noise and dust control.

“No mineral extraction operation shall commence or continue unless it complies with the requirements of this Mineral Extraction Ordinance, the Lake Township Zoning Ordinance, any other applicable requirements, ordinances or laws, or any combination thereof,” the ordinance declares.

JOBS VS. ENVIRONMENT

Aquila acquired the last of four permits required from the state this summer, although it still needs to meet some technical requirements by the state DEQ.

In June, after gaining the wetlands permit, the company announced it would begin pre-construction activities immediately, including completion of a feasibility study, finalization of a project execution plan to allow preparation for construction and operational readiness and continued discussion with its investors.

The proposed mine is expected to produce 721 million pounds of zinc, 74 million pounds of copper, 21 million pounds of lead, 4.6 million ounces of silver and 532,000 ounces of gold.

The company and supporters say the mine would provide jobs and an overall economic boost to an area that has depended on mining jobs for generations.

Opponents argue the mine’s open pit will ruin resort and retirement properties in its immediate vicinity and threaten water quality down river and possibly into Green Bay.

The Menominee Tribe of Indians counts itself among opponents. The tribe says the proposed mine sits right on land on the Menominee River that represents the birthplace of the Menominee people

Several Wisconsin counties, including Brown, have formally voiced opposition to the proposed mine out of concerns for its potential environmental impact.

Source: Green Bay Press Gazette


To stop by Aquila’s website, CLICK HERE


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