Judge overturns Back Forty mine wetland permit
A Michigan judge Monday denied a wetland permit for a large open-pit ore mine that for years has drawn pushback from both local residents and opponents from across Michigan and Wisconsin.
An administrative law judge overturned the permit for the Back Forty mine after seven months of evidentiary hearings, citing that the permit submitted by Aquila Resources does not provide reliable identification of wetland impacts and finding the application to be incomplete, according to documents.
The judge also ruled the company did not provide a complete assessment of potential alternatives to the proposed plan because several of the alternative plans, such as an underground mine, did not include costs for operation.
The Back Forty mine has been in the works for years in Michigan’s Upper Peninsula, just across the border from Marinette. But it has faced pushback at every step. Most of the concern has stemmed from the fact that the mine would be on the banks of the Menominee River, separated from the flowing waters by only an earthen dam.
The wetland permit is one of five key permits needed for the project to begin, in addition to a mining permit, an air permit, a water discharge permit and a dam safety permit. The mining permit and dam safety permits have not yet been issued to the company, said Scott Dean, the strategic communications adviser for the Michigan Department of Environment, Great Lakes and Energy.
Dean said the department agrees with the ruling.
“The ruling raises valid concerns about the potential impacts on groundwater, and surface water including the Lower Menominee River, which was recently delisted as a federal ‘Area of Concern’ after 35 years of collaborative restoration efforts,” he said in an email.
If Aquila does resubmit its application, the department will review it and issue a permit if all legal requirements are met, he said.
The mine would operate on 83 acres and its pit would be 2,000 feet by 2,500 feet, according to a report from the Detroit Free Press. The life of the mine is estimated to be seven years, and it would produce thousands of pounds of zinc, gold, copper, lead and silver. An on-site processing mill would crush and refine the minerals and ores using flotation, separation and cyanide.
In addition to community concern, the Free Press report found there was concern surrounding the project from Michigan officials and the U.S. Environmental Protection Agency, both involved in the permitting process. Some of those concerns were related to the impact on wetlands, which officials felt the company was underestimating.
The project has also drawn intense push-back from the Menominee Indian Tribe of Wisconsin, which has several burial and architectural sites in and around the project area, according to documents. Members of the tribe still go to the area routinely to fish and visit the burial sites.
Aquila, based in Toronto, is evaluating its options, said President and CEO Barry Hildred in a release. These include updating the permit application or appealing the decision.
“Aquila has worked diligently to limit impacts to surrounding wetlands and is only directly impacting 11.2 acres of regulated wetlands,” he said. “Having reviewed the decision, we believe that Aquila will be able to resolve the cited issues and remain confident that Back Forty will be a safe, disciplined operation that promotes and supports local community socio-economic development and is protective of the environment.”
An earlier study by the business school at the University of MinnesotaDuluth projected the mine would create about 250 jobs, $20 million in new tax revenue for federal, state and local governments and provide $16.5 million in royalties to the State of Michigan. The study was underwritten by the company.
Aquila has two exploration projects in Wisconsin: the Reef Project in Marathon County near the Dells of the Eau Claire County Park and the Bend Project in Taylor County. According to information from the company, gold and copper are at both sites.