June 26, 2003

Navajo coalition opposed to uranium mining

By Jim Snyder
The Daily Times

SHIPROCK It is a secret everybody seems to know but nobody talks about: The ground in Shiprock is contaminated with radiation.

The adverse affects of uranium mining throughout the Four Corners region are felt to this day, Norman Brown, a Navajo Din Bidzill Coalition leader, said Wednesday.

The Din Nationalists grassroots organization is hosting an uranium conference July 19 in Shiprock to voice its opposition to current efforts by companies and the U.S. government to extract more uranium from the Navajo reservation.

"Our communities have sacrificed for too long," Brown said. "Sixty years is too long. It's time to stop the (potential) uranium mining industry on Navajo ... we live on the most environmental damaged piece of real estate in the world."

He added the threat of companies wanting to mine uranium in the 21st century on the Navajo reservation was "very real."

Will history repeat itself?

Uranium contamination is widespread

Uranium ore mined in nearby Cove and Red Valley, Ariz., and other locations in the 1940s through the 1960s was transported to an uranium mill behind the Shiprock Fairgrounds where it was processed. The mill is now gone, but the uranium ore tailings and its accompanying radiation remain behind. Resembling a land fill, the tailings form a small mountain sandwiched between the fairgrounds and the San Juan River.

Windstorms once blew those tailings into the river, Brown said. Downstream farmers relied on the contaminated river to irrigate crops which people ate and to water their livestock.

Today, the only thing holding back the radiation there is a level of gravel poured on top of the mountain site. This, after 40 years, is the extent of the clean up by the federal government, which relied on Navajo labor to extract uranium for nuclear weapons during the Cold War without telling them of its dangers.

Uranium contamination has also been found in other areas of Shiprock.

An Albuquerque developer currently excavating land behind the Shiprock Police station for new homes must first remove 4 feet of top soil because it is contaminated by uranium. The location is on the opposite side of the river from the former uranium mill.

Shiprock Chapter Vice President Charley P. Joe said last year a proposed site for the new Shiprock Fairgrounds location at U.S. 491 and Navajo 36, south of the mill site, was contaminated by uranium and would have to be cleaned up before the new site could be developed. The site was once a staging area for trucks carrying uranium ore from Cove and Red Valley.

Shiprock is also contaminated with neglect by the federal government since it has failed to clean up the mess, said Brown.

The ground is not the only thing that is contaminated.

There are so many former Navajo uranium miners now in their 70s and 80s who have uranium-related cancer that the Navajo Nation has a permanent office in Shiprock to take applications for those who qualify under Congress' Radiation Compensation Exposure Act.

Congress passed the act in 1990 because the U.S. government failed to tell the miners decades before that the "yellow cake" could eventually kill them. Those who qualify by having certain cancers are paid $100,000, to make up for a life time of radiation exposure.

Navajo Nation says no' to uranium mining

Navajo President Joe Shirley Jr. said this spring he would oppose any form of uranium mining anywhere on the 27,000 square-mile reservation. Brown warned Shirley and Vice President Frank Dayish Jr., however, that talk is cheap. We want to see some action, he said.

"We're talking soaring health costs and lack of environmental standards on Navajo. This is a good step in exercising our sovereignty. In order to be sovereign we must act sovereign. This is a sovereign act to say no,'" Brown said.

The Eastern Navajo Din Against Uranium Mining is currently fighting an effort by HRI, a private company, which wants to introduce leach uranium mining in the Crownpoint and Church Rock areas.

"The Crownpoint community is preparing to go before the Nuclear Regulatory Commission and ask them not to give permission to mine," Brown said.

"We have an inherent right, a God-given right, a legislative right, to say no. We don't have to ask Congress," he added. "This devastation to our land and culture, our people, has gone on too long. We have to stop this legacy. We don't want our children and grandchildren to go through what thousands of individuals have gone through."

Numerous guests have been lined up for the July 19 conference, including New Mexico state Reps. Ray Begaye, Leonard Tsosie and Sen. John Pinto, and Arizona state Reps. Jack Jackson Sr., Jack Jackson Jr. and Sylvia Laughter.

Other guests include Coconino County Commissioner Louise Yellowhorse, Perry Charley, an uranium educator at Din College, Phil Harrison, who helps workers get RECA benefits, Gilbert Bedoni, who wants RECA benefits extended to family members, Milton Yazzie, a grassroots organizer and uranium educator, Chee Smith Jr., an uranium educator and Mitchell Capitan, founder of ENDAUM.

Also included are Winona Laduke, Ralph Nader's presidential running mate in 2000, and U.S. Rep. Dennis Kucinich, D-Ohio, who is running on the Democratic primary presidential ticket.

Jim Snyder: jims@daily-times.com

 

June 05, 2003

"Colorado Open-Pit Cyanide Mining Ban"

Summitville disaster brings change

By By DAMON HALEY
at zwire.com

Editor's Note: This article is part four of a four-part series on the Alamosa River and its community. This week documents a citizen effort to ban open pit cyanide mines like the one at Summitville.

CAPULIN - Since the Sum-mitville mine was declared a Superfund site in 1992, residents downstream along the Alamosa River have had many victories.

Through community efforts, the Alamosa River basin community has enabled two foundations with a total of $6.5 million in funds that are being used to restore the river basin with input from the people the damaged river affects most.

Residents are also empowering themselves by being part of the technical advisory groups that the state and federal government have set up to dialogue with the community about Superfund clean up efforts, water purifying, and the reintroduction of aquatic life to the river.

Another group is taking on the task to stop future Summitvilles, by trying to ban open leach pit mines statewide.

Dr. Colin Henderson, a physician who lives near the Alamosa River, is the president of a grass roots coalition of concerned Colorado citizens called the Alliance for Responsible Mining, which formed after Montanans passed a bill which prohibited any new open-pit cyanide gold mines in 1998.

"Our goal is to pass similar legislation in Colorado," said Henderson. "We want to see that another open pit cyanide mining disaster never happens again. Open pit cyanide mining is a failed technology. We've been working the last four or five years on legislation to ban open pit cyanide mining statewide."

Senator Ken Gordon recently introduced Colorado Senate Bill SB 26, which aimed to stop new open-pit cyanide heap leach gold mines from being permitted in Colorado.

"The bill died in committee," said Henderson. "But it was the first year we had it introduced. It's a long-term project and we're against the powerful gold mining industry lobbying power in Denver. We're working with counties and we've had 11 counties come out in support of the ban and we're supported by the Conejos County and Costilla County Commissioners."

Costilla and Gunnison counties have passed ordinances prohibiting the mining practice.

"A statewide ban is important, because what if the county up stream doesn't care," said Henderson.

"Every county that's lived through the creation, operation, and shutdown of one of these mines is now against the practice.Rio Grande County had all the advantage of employment when Summitville operated for six years, but Conejos County was downstream and we got all the disadvantage.It's very clear that even folks that benefited economically wouldn't want to do it again. Most counties are saying they don't want this stuff," he said.

The group is trying to expose similar mining practices in other parts of the state. Spills, leaks and other problems poisoned San Luis drinking water, forcing closure of Battle Mountain Gold's San Luis Mine. The state's only remaining cyanide-gold operation is the huge Cripple Creek & Victor, which has been cited for serious federal Clean Water Act violations.

"If Summitville was the only problem, then we wouldn't be doing this," said Henderson. "Battle Mountain Gold had a mine above San Luis that is very problematic. There's a big mine in Victor, that's four times the size of Summitville that already had over 20 violations of the EPA's Clean Water Act last fall. If mines are on federal land, they can get leases from BLM or the U.S. Forest Service for no money. We have a letter from San Luis Chamber of Commerce, saying they're not in favor of these types of mines anymore. In Montana, they understand that the water is so valuable. We're farmers and need it and draught has made us even more aware. Water is one of Colorado's most valuable long-term resources."

Much of the community has used tragedy and bad decision to start a new era in the Alamosa river basin. "One of the goals in my mind is community empowerment," said Alan Miller, who heads the Alamosa River Restoration Project and has been involved with river restoration issues since Summtiville.

"You put them in the equation along with the government and the environment. The whole river has gotten a lot of coverage. It's important to the whole state and to the whole county. We're coming from the bottom. It's so important for us to succeed. The river has been abused. But the local people, farmers, and ranchers want to see the river as it once was."

Nine Mile Canyon, UT:
Drilling for gas seen as threat to rock art

Concerns about protecting archaeological treasures are pitted against hopes to develop natural gas leases in Nine Mile Canyon.

Drilling gas exploration wells could damage pictographs and other ancient treasures in the canyon and a tributary, according to the curator of archaeology at the College of Eastern Utah museum, Price.

The Bureau of Land Management's Price Field Office recently issued an initial finding that the project would cause no significant environmental impact. A final decision is pending.

BLM approval is required before the Bill Barrett Corp., Denver, can work on the seven exploration wells it wants to drill. The agency's Price office wrote an environmental assessment on the project, yet as of Sunday it had not posted the assessment on the Internet.

Elsewhere on its Internet site, the BLM Price Field Office posts this description of the region: "Nine Mile Canyon has the greatest concentration of rock art sites in the U.S.A."

Nine Mile Canyon is northeast of Wellington, Carbon County, and southwest of Myton, Duchesne County. It is actually much longer than nine miles. The BLM's listing of important archaeological sites alone covers more than 24 miles.

Indian art on the canyon walls covers three cultures - the archaic, Fremont and Ute. The earliest may be 2,000 years old.

Agency officials say they mailed copies of the assessment to 30 groups and individuals. They also posted a brief notice on the state BLM web site.

"It's a 30-day public comment period. It expires June 13," Patrick Gubbins, BLM field manager, told the Deseret News.

Gubbins wrote in a cover letter about the initial finding, "BLM has determined that no significant impacts would occur as a result of the implementation of this project and that an environmental impact statement is not required."

During a 100-day construction period, up to 2,000 trips to the site could be made by "construction crews, drill operators and supper services," says the assessment. The average would be 20 round trips daily. The BLM estimates current traffic at 126 round trips per day.

Archaeological sites are located near three of the proposed wells, the document adds.

Dust kicked up by traffic on the dirt roads "could obscure visibility of the rock art and accelerate the erosion of the rock art surfaces. Due to the narrowness of the road in Dry Canyon and the size of the equipment being transported to the pads, vibrations could also affect rock art," it says.

The assessment calls the dust from the 2,000 round trips "minimal when compared with the estimated 46,000 round trips in the canyon."

Some documented archaeological sites in the region are especially vulnerable "and are more likely to be unintentionally adversely impacted."

One proposed gas well, called the Jack Creek 19-2 well, is adjacent to a well-known petroglyph panel. "In this area, we know habitations are commonly found in association with rock art.

"There is a high probability of affecting subsurface sites in the drilling of this well. . . . The context of the natural landscape around the site will be lost," notes the assessment.

The document recommends that an archaeologist monitor construction and that to protect a site near one well "a fence should be created along the boundary of the site to prohibit travel and access."

Nine Mile Canyon has "probably 10,000 archaeological sites and hundreds of thousands or rock art panels," said Pam Miller, assistant director of the College of Eastern Utah museum in price, and the museum's curator of archaeology.

Having worked in Nine Mile Canyon for many years, she says it is known as the world's longest art gallery.

Increased traffic from the construction project could be a serious problem, she contends. "The dust affects the rock art, it makes animals sick, it makes people sick, it covers the crops."

A proposed gas well in Dry Canyon would be "right adjacent to an archaeology site," she said. "There's rock art there and there're two granaries."

New sections of road would have to be built to accommodate the drilling, she said, and roads draw increased traffic.

"There's probably three of those wells that shouldn't be there at all," Miller said.

"We're not talking about the Bob Marshall Wilderness here," said Dean Nyffeler, BLM geologist and project manager. It's a canyon with a back-country road, he added.

Gubbins said development leases have been in place for a number of years, as has a 20-inch pipeline. Ranching and tourism take place there, and the project's traffic and dust are considered to be capable of mitigation, he added.

Bill Walsh, chairman of the protectionist Nine Mile Canyon Coalition, fears the project would cause major changes to the nature of the canyon. "They may well disturb some archaeological treasure."

June 3, 2003
Wisconsin
From: Zoltan Grossman zoltan@igc.org

Crandon mine permit process put on hold

Reminder:
Wolf Watershed Educational Project
meeting at Mole Lake Environmental
Center on Saturday, June 14,
10 am-3 pm (same day as tribal powwow).

Owner halts Crandon mine review:
Oft-debated project will go on eventually, he says

By Lee Bergquist
Milwaukee Journal Sentinel
June 3, 2003
http://www.jsonline.com/news/state/jun03/145243.asp

The owner of the proposed Crandon mine in northern Wisconsin wants to put a government review of the controversial project on hold.

Gordon P. Connor, a North Woods businessman who bought the mine property in April, expressed frustration Monday with how the state Department of Natural Resources was handling his application for an underground zinc and copper mine.

"We thought that we had a plan and an approach," Connor said. "They (the DNR) have complicated it, so we are going to have to do a review of where we are."

But Connor emphasized that he has no plans to back away from the project, and he noted that a mine near Ladysmith also was delayed for a time before work began.

"This is a very important deposit, and it will be developed," Connor said. "Someday this will happen. But we are not under any time constraints to get it going."

First proposed in 1994, the Crandon mine in Forest County has been a lighting rod for environmentalists, who say that plans to extract 55 million tons of ore near the headwaters of the Wolf River will damage the environment and harm water quality downstream.

But supporters say it would supply badly needed jobs in northern Wisconsin. After buying the mine property, Connor said it would employ 200 people and provide mineral, income and forestry property tax revenue of more than $5 million annually.

Connor formed Northern Wisconsin Resource Group to buy the proposed mine from a unit of BHP Billiton of Melbourne, Australia. Connor's company is continuing to look for other investors as partners.

BHP Billiton has retained no equity stake or mineral royalties to the property.

DNR raises questions

During an interview Monday, Connor said he asked the DNR and the U.S. Army Corps of Engineers to stop their work on an environmental impact statement after he received a letter May 21 in which the DNR expressed safety concerns about how the company would re-fill cavities after extracting the ore.

Connor's company, which goes by the name of the former owners, Nicolet Minerals, plans to use a combination of cement and waste rock to re-fill the underground mine as work progresses.

"Should the backfill not have adequate compressive strength, there could be structural stability problems affecting mine operation and safety," the DNR wrote.

The letter, and request for other detailed information, "came out of the blue," Connor said. "The regulatory process seems out of whack.

"When you have a process that has been going on for nine years, and they want to chase things that are probably irrelevant, why spend the money?" he asked.

He estimated that his newly formed company is spending $100,000 a month for bills from consultants and the DNR. As part of the environmental review process, the DNR's work is billed to the applicant.

DNR is surprised

The DNR said Monday that Connor's request to put the project on hold was unexpected.

"This was a surprise to me," said Elizabeth Kluesner, executive assistant to DNR Secretary Scott Hassett. "Until then, we had received a clear indication that they wanted to continue with the regulatory process."

Kluesner said about 30 consultants are working on the project. She said the agency was trying to determine how to put all of the work on hold.

Environmentalists were pleased by the delay.

Rep. Spencer Black (D-Madison) - an opponent of the mine - said the decision to halt regulatory work would be a major blow for the mine.

"This is something that you cannot start and stop on a dime," Black said. "There will not be a mine at the headwaters of the Wolf River anytime soon.

"The Connors might try to put a good face on this. But if the review process was going well for them, they wouldn't have asked for a halt."

Pull the Plug on the Crandon mine proposal
Regulators Should Refuse Request to "Pause" Permitting Work

News from the Sierra Club
June 3, 2003
Contact: Dave Blouin,
Sierra Club - John Muir Chapter,
608-233-8455 burroak15@aol.com

The Sierra Club believes that State and Federal regulators should reject Northern Wisconsin Resource Group's (NWRG) outrageous request to "pause" the proposed Crandon mine permitting activities while the mining company performs an internal review of the project. The Sierra Club strongly urges State and federal regulators and decision-makers to reject this unprecedented request, and permanently halt processing of the current incomplete mine application.

"NWRG cannot simply turn off a permitting effort and then restart it at its convenience because it failed to do its homework before buying the mining company," said Dave Blouin, Sierra Club spokesperson. "State and federal regulators have no obligation to bend over backward to accommodate this company's incomplete and failed mining application, and should reject this request."

Since purchasing the mining company less than two months ago, NWRG has repeatedly demonstrated that it is unqualified to operate a mine in Wisconsin. Examples include:

* NWRG stated it will not respond at this time to outstanding requests for information raised on the mining application. WDNR has requested information such as the regulatory compliance history of the applicant and data on the applicant and parent company's financial ability to conduct mining in a responsible manner. WDNR should not continue work on an incomplete mine permit application. (see attached text of NWRG's 5/29/03 letter to WDNR and the U.S. Army Corps of Engineers)

* NWRG stated it will not respond at this time to regulator's requests for additional technical information about the mine proposal needed to complete Draft Environmental Impact Statements.

* At a May 28 meeting with the Forest County Board of Supervisors Mining Committee, a representative of NWRG acknowledged that the company had not yet found a mining company partner for the mine. NWRG's owner has publicly acknowledged that he is unqualified to operate a mine and needs a partner. The Forest County Mining Committee was told that the NWRG had a partner but was "spooked" by recent events and withdrew. NWRG's inability to attract any mining company as a partner demonstrates that it should not be allowed to move forward with the application.

* At the same meeting, NWRG told the Forest County Board of Supervisors Mining Committee that county land under a purchase contract with the mining company would be returned to the county. If so, Forest County would be required to repay up to $600,000 to the mining company. ? NWRG's unprecedented request throws the jobs of dozens of regulatory agency employees, contractors and vendors into limbo. At least 30 people contractors and state staff are employed in Wisconsin's permit review alone and the number involved in the Corps of Engineers' review is likely much higher.

* Without explanation, NWRG has stated it would employ 200 people if permitted to mine. This is a reduction of more than 50% of the number of jobs proposed by previous owners and requires scrutiny by regulators.

"The evidence is clear that this 'request' is the desperate act of a company that does not have the resources or the expertise to operate a mine. Regulators should reject this request - especially from an applicant which refuses to give regulators information required of permit applications," said Blouin. "Now is the time to end this controversy and permanently protect the natural and cultural resources of the Wolf River headwaters area."

Northern Wisconsin Resource Group purchased Nicolet Minerals Company from BHP Billiton on April 10, 2003. The Wisconsin DNR and U.S. Army Corps of Engineers are currently reviewing applications to operate the proposed Crandon mine in Forest County, Wisconsin.

Nicolet Minerals Company
May 29, 2003

Melissa DeVetter
Crandon Project Manager
Wisconsin Department of Natural Resources
101 South Webster St.
Box 7921
Madison, WI 53707

Robert Whiting
U.S. Army Corps of Engineers
St. Paul District
190 5th St. E.
St. Paul, MN 55101

Re: Crandon Mine Project - Hold on Further Action

Dear Ms. DeVetter and Mr. Whiting:

On April 10, 2003, Northern Wisconsin Resource Group LLC ("NWRG") purchased Nicolet Minerals Company from BHP-Billiton. As you know, the previous owners of the Crandon Mine Project have spent over a decade working with regulators and interested parties in preparing the necessary application and analyses for approval of the project. As the new owner we are reviewing those materials to assess how they fit with NWRG's long range plans, goals and vision for the project.

With this recent change in ownership and management, it seems an appropriate time for a pause in the process. This will allow NWRG to complete its internal review of the project and consult with other parties, as appropriate. These efforts should provide an economy of resources in the future approval process for the Wisconsin Department of Natural Resources (WDNR), U.S. Army Corps of Engineers (USACE) and the applicant.

With this background, NWRG requests that the WDNR and USACE:

1.Stay further processing of all pending applications and approvals for the Crandon Mine Project.

2.Delay further work on the draft environmental impact statements until NWRG completes it internal review of the project.

3.Direct all employees, vendors and consultants under WDNR and USACE control to stay all work on the Crandon Mine Project.

During this stay period, NWRG will:

1.Continue monitoring regional groundwater levels, wetland levels, and lake levels to aid in the State and Federal environmental impact process and to establish baseline data.

2.Agree to toll any statutory or regulatory deadlines by which the WDNR and USACE are required to act on permit applications or requests for approval. This tolling shall end upon the applicant requesting that the WDNR and USACE reinitiate the application/approval process.

3.Not withdraw the permit applications or requests for approval that were previously filed for the project. In this regard, NWRG is not seeking to cease approval of the proposed mining project - just place that approval process on hold.

4.Hold the tailings testing program in a stable environment by flooding the cells with deionized water and sealing the cell ports to eliminate tailings exposure to the atmosphere.

5.Not respond to any outstanding requests for information or concerns raised on the application (eg. the mining moratorium and paste backfill submittals). The applicant will file responses, as appropriate, after the stay.

We look forward to working with the WDNR and USACE in the future. In the interim, please do not hesitate to contact me.

Sincerely,

Gordon R. Connor
Project Manager

Cc:Stephen V. Donahue, Foth & Van Dyke
Cindy Emmons, Emmons & Associates

Monday, June 2, 2003
www.thewheelerreport.com/releases/Jun03/Jun2/0602blackmine.PDF

Black Hails Decision To Put Mine on Hold

Today's action by the owners of the Crandon mine to stop regulatory work on the project is a good news for the environment and for Wisconsin, according to Representative Spencer Black, author of the state?s mining moratorium law.

"The mining company's action to stop all consideration of its Crandon mine application means there will not be a mine at Crandon any time soon," Black said.

"This is a victory for the citizens of Wisconsin who worked so hard to pass the mining moratorium law. The mining moratorium law prevents a sulfide mine like the one at Crandon from opening unless the owners can show a similar mine has operated and closed without harming the environment. As today's letter from Nicolet Minerals indicates, the Crandon mine's owners have been unable to meet that requirement," Black said.

"Construction of the Crandon mine, which is located at the Wolf River headwaters, would pose a significant threat to one of our state's most pristine waterways. That's why today's announcement is good news," Black said.

Indigenous Mining Campaign Project

June 01, 2003

Federal report calls for
new regulation of mountaintop mining

By Nancy Zuckerbrod, Associated Press

WASHINGTON - A study examining how mountaintop coal mining is regulated says the government needs to better oversee the practice in which ridges are blasted away and rocks and dirt dumped in valleys and streams.

Environmentalists said they expected more from the report produced by five government agencies - four federal and one in West Virginia.

"It says nothing about protecting the environment and the communities nearby," said West Virginia environmental lawyer Joe Lovett.

Coal operators increasingly have relied on mountaintop removal because it is efficient. Opponents say this type of mining destroys the environment.

Several agencies regulate mountaintop mining, and the new study said they must do a better job sharing information and creating a common system for permit applications.

The industry-backed National Mining Association said in a statement that the report's key recommendation, improved coordination among those agencies, "can not only clarify permitting and mitigation requirements but also produce better environmental results."

Environmentalists also are upset the study did not call for a general limit on the size of valley fills, where dirt and rock are pushed into nearby stream beds.

"The studies show that limiting the size of valley fills is one of the most effective ways of reducing the environmental effects of mountaintop removal coal mining, especially on waters," said Joan Mulhern, senior attorney at Earthjustice, a nonprofit law firm.

Mike Robinson, a program head at the Interior Department's Office of Surface Mining, said it would be more beneficial to the environment to look at valley fills on an individual basis when deciding whether to grant coal operators permits.

The report supports a Bush administration plan to finalize a rule addressing discrepancies between the Clean Water Act and surface mining regulations regarding the ability of coal companies to place valley fill in streams.

A surface mining regulation generally bans coal mining activities within 100 feet of streams, but such a rule is not outlined in the Clean Water Act.

"We need to be consistent with the Clean Water Act. We can't supersede it by saying something more stringent than the Clean Water Act," Robinson said.

Environmentalists say they do not want the buffer zone rule scratched.

The focus of the study involves about 12 million acres and 59,000 miles of streams in Kentucky, West Virginia, Virginia, and Tennessee.

The study found that 1,200 miles of headwater steams, 2 percent of those in the study area, were directly impacted by mountaintop mining between 1992 and 2002. It also found an estimated 724 stream miles were covered from valley fills between 1985 and 2001.

The study was required as part of an out-of-court settlement of a 1999 federal lawsuit that challenged the way West Virginia permits and regulates mountaintop removal strip mines.

A West Virginia judge ruled twice in recent years that mountaintop mining violated environmental laws, but he was overturned both times.

Five agencies have been at work on the study since 1999: the Office of Surface Mining, the Environmental Protection Agency, the U.S. Army Corps of Engineers, the Fish and Wildlife Service, and the West Virginia Department of Environmental Protection.

The agencies that wrote the report are seeking public comment prior to issuing a final report.

Source: Associated Press