Back Forty Mine Project Update
Advancing the Back Forty Mine
Greetings from Michael Welch, COO
As I approach my first anniversary with Aquila Resources and my time in Menominee County, I can’t help but reflect on the many valuable conversations and engagements that have taken place. There is a desire to grow the economy in the community and the region. From past travels and experiences, I truly understand that this should not come at a cost to the community, the environment, and it certainly should not compromise our commitment to zero harm.
We have secured the permits necessary to construct and operate the mine. As we move through the permit alignment process and initiate pre-construction activities, I encourage you to ask questions about issues you feel have not been satisfactorily addressed. I would also encourage you to ask your community leaders what more the presence of the operations can do to help build capacity and alternative growth opportunities within the community.
On that note, I am pleased to announce two community partnering initiatives: one with the Menominee Conservation District to bring soils and groundwater along with geology and mining education into local classrooms, and another with Menominee & Marinette Area Community Foundation to establish Children’s Savings Accounts with students entering kindergarten in Menominee County. The M&M Area Community Foundation has already grown this initiative to include other financial institutions and businesses which will enable the program to extend to Marinette County.
Our team’s commitment and dedication are integral to Back Forty’s success. I appreciate all their efforts and contributions, and I look forward to growing the team in the coming years.
From all of us at the Back Forty Mine, have a Happy New Year.
Permitting News
In November, we filed a mine permit amendment application with the Michigan Department of Environmental Quality (DEQ). Since the issuance of our original permit, we have refined elements of the design of Back Forty to align with the Feasibility Study and issued wetlands permit.
Examples of the revisions in the amendment application include a reduction in wetland impact, improved dust management, increased water storage capacity, and reduced footprint of tailings facilities post-closure. We continuously look for opportunities to minimize the potential impacts of our operations on the environment and community.
The Michigan Department of Environmental Quality (DEQ) is holding a public meeting regarding the Back Forty Mine Permit Amendment Application on Wednesday, January 9, 2019. The meeting will take place from 6:00 P.M. to 8:30 P.M. CST at Stephenson High School. The purpose of the meeting is to inform the public that the DEQ has received an amendment application and how to access documents, provide information about the review process, and allow community members to provide comment on the amendment.
MDEQ will also accept written comments regarding the amendment application by mail or e-mail from the day of the meeting until 5:00 P.M. EST, Wednesday, February 6, 2019. Mail your comments to Back Forty Mining Permit Amendment, MDEQ-OGMD, 1504 West Washington Street, Marquette, MI 49855. E-mail your comments to the designated MDEQ mailbox at DEQ- Mining-Comments@michigan.gov, including "Back Forty Mining Permit Amendment" as the subject. The MDEQ will only consider comments that pertain to the Mining Permit Amendment Application prior to making a final decision. For additional information, contact Melanie Humphrey, MDEQ, Oil, Gas, and Minerals Division, 906-250-7564, or e-mail humphreym@michigan.gov.
For more information about the meeting and amendment documents, click here.
Legal Update
On December 19, the U.S. District Court for the Eastern District of Wisconsin dismissed the Menominee Indian Tribe’s federal lawsuit challenging EPA and U.S. Army Corps’ failure to exercise jurisdiction over Aquila’s wetland permit for the Back Forty Mine. The Court dismissed the two claims in the Tribe’s original complaint and rejected the Tribe’s motion to file an amended complaint that proposed two additional claims because the amendments would be pointless. The Court held that the Tribe could not challenge the federal government’s refusal to exercise jurisdiction over the state wetland permit under the Administrative Procedures Act or the Clean Water Act.
In November, the Coalition to Save the Menominee River filed a complaint in federal court in Wisconsin. The Coalition’s claims are basically the same as those the U.S. District Court for the Eastern District of Wisconsin recently dismissed.
There are two separate contested case hearings on the DEQ’s approval of the Back Forty mine and wetland permits.
We are confident in our position and expect a favorable resolution in all current legal proceedings.
In the Community
Back Forty employees and Nadeau Township Volunteer Fire Department members John Dziedzic (left) and Noah Poupore (right) visit Carney-Nadeau School for Fire Prevention Week. The volunteer firemen spoke to classes from PreK to fifth grade about essential steps to reduce the likelihood of having a fire and how to escape safely in the event of one.
We send out email updates on a regular basis to keep the community on top of our progress.
If you would like to receive these updates, sign up at today.
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ABOUT BACK FORTY MINE
Back Forty Mine is Aquila Resources’ 100% owned permitting stage zinc- and gold-rich mine located in Menominee County in Michigan’s Upper Peninsula.
FOR FURTHER INFORMATION, PLEASE CONTACT:
Chantae Lessard
Director, Social Performance and Engagement
Phone (906) 250-4274
clessard@aquilaresources.com
Mine Permit Amendment Submitted
Permit amendment to reduce impacts on environment and community.
The Michigan Department of Environmental Quality (DEQ) issued our original mine permit in 2016. Since that time, we've refined elements of the mine design, and we have identified measures to reduce the overall impact of the site. DEQ requires mining companies to apply for an amendment when a proposal is made to make changes to operations (e.g., mining, reclamation). The amendment is consistent with the feasibility study and the wetland permit that DEQ issued earlier this year. We will be sharing more information about the amendment shortly.
In the meantime, you'll find a copy of the amendment at the library in Stephenson or online on the DEQ's website. Go to ftp://ftp.deq.state.mi.us/geowebface and click Mining, Back Forty Mine, and you'll see the amendment files at the bottom. The files are very large due to the amount of detail.
RESPONSE TO LAKE TOWNSHIP PROPOSED AMENDMENTS TO ZONING ORDINANCES
STEPHENSON, Mich. September 19, 2018 – Back Forty Mine issues the following statement in response to Lake Township's proposed amendments to zoning ordinances.
"The law is clear that local governments are preempted (prevented) from enacting regulations or requiring a local permit affecting mining that contradicts or conflict with Michigan's Nonferrous Metallic Mining Regulations - Part 632. Concerning limited power is given to local units of government, they may “…regulate hours at which mining operations take place and routes used by vehicles in connection with mining operations. However, such ordinances, regulations, or resolutions shall be reasonable in accommodating customary nonferrous metallic mineral mining operations.”
Unfortunately, certain officials in Lake Township have been actively opposing the Back Forty Mine for more than a decade, and by adding illegal, costly, and excessive local regulations by way of amendments, they are attempting to prevent the project from moving forward. For years now, the Township has turned us away when we have tried to work collaboratively with them to address their concerns. The Township has gone so far as to bar officials, via a resolution, from communicating with Aquila. This censorship is both unreasonable and illegal. More importantly, this behavior is preventing Lake Township residents from having a conversation about what support this mine can provide to the community.
We remain optimistic that constructive conversations with the Lake Township Board will bring improvements that are desired by the community, and we encourage residents to have that conversation with Township officials and Aquila."
Related - Eagle Herald: Crowd packs Lake Township Hall
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ABOUT BACK FORTY MINE
Back Forty Mine is Aquila Resources’ 100% owned permitting stage zinc- and gold-rich mine located in Menominee County in Michigan’s Upper Peninsula.
FOR FURTHER INFORMATION, PLEASE CONTACT:
Dan Blondeau
Manager, Communications
Phone (434) 906-0594
dblondeau@aquilaresources.com
WHAT IS A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT?
The Clean Water Act prohibits the discharge of pollutants through a point source without a National Pollutant Discharge Elimination System (NPDES) permit. A point source is any source that is ‘discernible, confined and discrete conveyance, such as a pipe, ditch, channel, tunnel, conduit, discrete fissure, or container.’ The purpose of the permit is to ensure that a facility meets a state's mandatory standards and the federal minimums for clean water.
The Back Forty Mine requires this permit to discharge treated water to the Menominee River. Permit conditions place limits on what we can release, monitoring and reporting requirements, and other provisions to ensure that the discharged water does not harm water quality or people's health. The MDEQ, EPA, and the State of Wisconsin have reviewed and determined the water we release will meet all water quality standards applicable to the river.
Other facilities that require NPDES permits include power plants, municipal treatment plants, manufacturers, and recycling facilities. The permit is valid for five years and is available for renewal to allow the discharge to continue.
LEGISLATION PASSES TO IMPROVE TRANSPARENCY AND RULE-MAKING PROCESS
STEPHENSON, Mich. July 2, 2018 –Recently, a series of bills that improve transparency and the DEQ rule-making process have become law. These bills enable fact and science, rather than personal opinion, dictate permit decisions.
Senate Bills 652-654 create three independent bodies with a diverse range of topic experts. The goal of the bills is to provide a further review of permitting processes and decisions and advise on issues safeguarding the environment. Senate Bill 839 focuses on the permit amendment process.
SB 652 reestablishes an Environmental Science Advisory Board to hear scientific evidence and provide a recommendation to the governor.
SB 653 creates an 11-member stakeholder committee to review, amend, deny and approve DEQ rule notifiction.
SB 654 establishes an appeals board that, upon request, would serve as a scientific permit review panel to hear an appeal by a permit application that has been denied by the DEQ.
SB 839 clarifies the process for addressing changes in a mining permit, and allows for punctual action on changes where minimal to no adverse environmental impacts would result.
You can read a legislative analysis for SB 652-654 by clicking here.
For more information on SB 839, including the process for the new law, click here.
If you have questions about this topic or anything else, please contact us.
BACK FORTY MINE ANNOUNCES WETLANDS PERMIT APPROVAL
STEPHENSON, Mich. June 4, 2018 – Today, Back Forty Mine (“Company”) announced that following a rigorous review process, the Michigan Department of Environmental Quality (“MDEQ”) has issued the Company a wetlands, lakes, and streams permit (“Wetlands Permit”). The issued Wetlands Permit also includes conditions requested by the United States Environmental Protection Agency (EPA). The provisions strengthen protections for water quality and other natural resources.
“We commend the work of everyone involved with this process. Community members, local leaders, state and federal regulators have all left their mark on this Wetlands Permit. This is a very significant milestone and we believe this collective effort has resulted in a robust environmental permitting process that allows us to move forward and build a world class mining operation”, said Mike Welch, Chief Operating Officer of Aquila Resources.
The Wetlands Permit is the final permit required to build and operate the mine. The MDEQ previously issued the Company the Nonferrous Metallic Mineral Mining permit, the National Pollutant Discharge Elimination System (NPDES) permit, and the Air Use Permit to Install permit.
Back Forty Mine will commence pre-construction activities immediately. This phase includes; completion of the feasibility study, finalization of the Project Execution Plan that allows preparation for the construction and operational readiness of the Back Forty Mine, and continued discussions with prospective financial partners to secure necessary project capital to build the mine.
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ABOUT BACK FORTY MINE
Back Forty Mine is Aquila Resources’ 100% owned permitting stage zinc- and gold-rich mine located in Menominee County in Michigan’s Upper Peninsula.
FOR FURTHER INFORMATION, PLEASE CONTACT:
Dan Blondeau
Manager, Communications
Phone (434) 906-0594
dblondeau@aquilaresources.com
WITH FEDERAL AGENCY LETTER, BACK FORTY MINE CLEARS PERMIT HURDLE
STEPHENSON, Mich. May 4, 2018 – Today, Back Forty Mine (“Company”) announced that the United States Environmental Protection Agency (“EPA”) removed a majority of its objections to the Company’s wetland/stream/floodplain permit (“Wetlands Permit”). The EPA had expressed its concerns in a March 8, 2018, letter to the Michigan Department of Environmental Quality (“MDEQ”).
In a letter to the MDEQ dated May 3, 2018, EPA said there is a pathway forward to resolve the remaining objections through MDEQ’s inclusion of specific conditions in a final Wetlands Permit. After reviewing the proposed permit conditions, we’re confident that we can meet the requirements.
The MDEQ has until June 6, 2018, to work with the Company to ensure that the proposed permit conditions fully address the EPA’s concerns. We’re confident that we can meet the EPA’s requirements within the prescribed timeframe.
We commend the EPA, MDEQ and our team for more than two years of hard work and careful attention they’ve dedicated to reviewing this permit. The agencies followed a rigorous process, leaving no stone unturned. The proposed conditions strengthen protections for water quality and other natural resources.
We look forward to final regulatory approval of the Wetlands Permit. This permit is the fourth and final permit required to construct and operate the Back Forty Mine.
###
ABOUT BACK FORTY MINE
Back Forty Mine is Aquila Resources’ 100% owned permitting stage zinc- and gold-rich mine located in Menominee County in Michigan’s Upper Peninsula.
FOR FURTHER INFORMATION, PLEASE CONTACT:
Dan Blondeau
Manager, Communications
Phone (434) 906-0594
dblondeau@aquilaresources.com
AQUILA RESOURCES PROVIDES PERMITTING UPDATE
TORONTO, March 9, 2018 /CNW/ - Aquila Resources Inc. (TSX: AQA) ("Aquila" or the "Company") announced today that the United States Environmental Protection Agency (the "EPA") has provided comments to the Michigan Department of Environmental Quality (the "MDEQ") regarding the Company's wetland/stream/floodplain permit (the "Wetlands Permit") application for its Back Forty Project in Michigan. The EPA has had 90 days since December 8, 2017, when the MDEQ deemed the Company's Wetlands Permit application administratively complete, to provide comments.
The EPA's opportunity to comment on the application is subject to strict statutory processes, regardless of the significance of the comments. The MDEQ now has 90 days from March 8, 2018, to work with Aquila to resolve the comments made by the EPA and to provide the requested information. This information request, which is required to be framed as an "objection" to the issuance of the Wetlands Permit by the MDEQ, raises issues that the Company believes have already been reviewed through other state-issued permits that have been granted for the Back Forty Project. Aquila believes the issues are readily addressable. The Company is confident that it can work with the MDEQ within the prescribed timeframe to provide the additional information requested by the EPA.
Aquila has taken great care to design a project that meets and exceeds applicable environmental standards and is committed to ensuring that the Back Forty Project is a safe, disciplined operation that promotes and supports local community socio-economic development and is protective of the environment.
SOURCE Aquila Resources Inc.
OFFICIAL STATEMENT REGARDING WETLAND PERMIT APPLICATION
STEPHENSON, Mich. Jan. 23, 2017 – Aquila Resources appreciates the community’s interest and feedback on our permitting efforts, as well as the hard work undertaken by our team on the wetland application. We’re confident the application minimizes total wetland impact and protects the environment.
It’s important to note that the United States Environmental Protection Agency (“EPA”) has delegated permitting authority to the Michigan Department of Environmental Quality (“MDEQ”). Michigan has maintained this designation by administering laws and regulations that remain consistent with the Clean Water Act (CWA). The state has been conducting a thorough review of the wetland permit application for more than two years, during which time the EPA has been involved and providing input. We look forward to regulatory approval of the application during the first half of 2018. This is the fourth and final permit required to build and operate the Back Forty Mine.
Back Forty Mine Project Update
Advancing the Back Forty Mine
Greetings from Michael Welch, COO
As I approach my first anniversary with Aquila Resources and my time in Menominee County, I can’t help but reflect on the many valuable conversations and engagements that have taken place. There is a desire to grow the economy in the community and the region. From past travels and experiences, I truly understand that this should not come at a cost to the community, the environment, and it certainly should not compromise our commitment to zero harm.
We have secured the permits necessary to construct and operate the mine. As we move through the permit alignment process and initiate pre-construction activities, I encourage you to ask questions about issues you feel have not been satisfactorily addressed. I would also encourage you to ask your community leaders what more the presence of the operations can do to help build capacity and alternative growth opportunities within the community.
On that note, I am pleased to announce two community partnering initiatives: one with the Menominee Conservation District to bring soils and groundwater along with geology and mining education into local classrooms, and another with Menominee & Marinette Area Community Foundation to establish Children’s Savings Accounts with students entering kindergarten in Menominee County. The M&M Area Community Foundation has already grown this initiative to include other financial institutions and businesses which will enable the program to extend to Marinette County.
Our team’s commitment and dedication are integral to Back Forty’s success. I appreciate all their efforts and contributions, and I look forward to growing the team in the coming years.
From all of us at the Back Forty Mine, have a Happy New Year.
Permitting News
In November, we filed a mine permit amendment application with the Michigan Department of Environmental Quality (DEQ). Since the issuance of our original permit, we have refined elements of the design of Back Forty to align with the Feasibility Study and issued wetlands permit.
Examples of the revisions in the amendment application include a reduction in wetland impact, improved dust management, increased water storage capacity, and reduced footprint of tailings facilities post-closure. We continuously look for opportunities to minimize the potential impacts of our operations on the environment and community.
The Michigan Department of Environmental Quality (DEQ) is holding a public meeting regarding the Back Forty Mine Permit Amendment Application on Wednesday, January 9, 2019. The meeting will take place from 6:00 P.M. to 8:30 P.M. CST at Stephenson High School. The purpose of the meeting is to inform the public that the DEQ has received an amendment application and how to access documents, provide information about the review process, and allow community members to provide comment on the amendment.
MDEQ will also accept written comments regarding the amendment application by mail or e-mail from the day of the meeting until 5:00 P.M. EST, Wednesday, February 6, 2019. Mail your comments to Back Forty Mining Permit Amendment, MDEQ-OGMD, 1504 West Washington Street, Marquette, MI 49855. E-mail your comments to the designated MDEQ mailbox at DEQ- Mining-Comments@michigan.gov, including "Back Forty Mining Permit Amendment" as the subject. The MDEQ will only consider comments that pertain to the Mining Permit Amendment Application prior to making a final decision. For additional information, contact Melanie Humphrey, MDEQ, Oil, Gas, and Minerals Division, 906-250-7564, or e-mail humphreym@michigan.gov.
For more information about the meeting and amendment documents, click here.
Legal Update
On December 19, the U.S. District Court for the Eastern District of Wisconsin dismissed the Menominee Indian Tribe’s federal lawsuit challenging EPA and U.S. Army Corps’ failure to exercise jurisdiction over Aquila’s wetland permit for the Back Forty Mine. The Court dismissed the two claims in the Tribe’s original complaint and rejected the Tribe’s motion to file an amended complaint that proposed two additional claims because the amendments would be pointless. The Court held that the Tribe could not challenge the federal government’s refusal to exercise jurisdiction over the state wetland permit under the Administrative Procedures Act or the Clean Water Act.
In November, the Coalition to Save the Menominee River filed a complaint in federal court in Wisconsin. The Coalition’s claims are basically the same as those the U.S. District Court for the Eastern District of Wisconsin recently dismissed.
There are two separate contested case hearings on the DEQ’s approval of the Back Forty mine and wetland permits.
We are confident in our position and expect a favorable resolution in all current legal proceedings.
In the Community
Back Forty employees and Nadeau Township Volunteer Fire Department members John Dziedzic (left) and Noah Poupore (right) visit Carney-Nadeau School for Fire Prevention Week. The volunteer firemen spoke to classes from PreK to fifth grade about essential steps to reduce the likelihood of having a fire and how to escape safely in the event of one.
We send out email updates on a regular basis to keep the community on top of our progress.
If you would like to receive these updates, sign up at today.