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In the Matter of the Application of Flambeau Mining Company for Issuance of a Certificate of Completion of Reclamation
Background: Following years of controversy, the Flambeau Mining Company obtained a permit in 1991 to operate a metallic mine near Ladysmith. They removed copper and gold from the mine until ceasing operations in the late 1990s. Wisconsin’s mining laws require the Flambeau Mining Company to return the mining site to its original natural state. This is called “reclamation” and under Wisconsin law and the permit the DNR gave Flambeau Mining Company, the open mine pit was supposed to be filled in, plants re-established, and the waters surrounding the site left uncontaminated. Although the Flambeau Mining Company has filled in the pit, restored vegetation to the site, and put in some trails, this type of superficial reclamation has not satisfied the law. There is evidence that Flambeau Mining Company has contaminated groundwater and surface waters, but the company claims they do not need to clean up these waters under their reclamation plan. They have prematurely petitioned the DNR to give them a Certificate of Completion of Reclamation and asked the state to return 80% of an $11 million dollar bond the DNR was holding in the event Flambeau Mining Company failed to reclaim the site. The Lac Courte Oreilles Tribe is trying to stop this by challenging the decision in a contested case hearing (an administrative trial). The Lac Courte Oreilles Tribe is working to protect the waters and land impacted by the mine. This mine is adjacent to the Flambeau River. Not only are these waters important recreational and aesthetic resources, they are also part of the “ceded territory” in which the Lac Courte Oreilles Tribe has hunting, fishing and other treaty rights. Additionally, we are working with many other groups and individuals who are interested in ensuring protections for the environment, including the Wisconsin Resources Protection Council, the Sierra Club, and Northern Thunder. For more background information about this issue, click here. On April 27, 2007, and again on May 8, 2007, MEA submitted briefs to the judge arguing that the hearing should include a review of whether the mine has polluted ground and surface waters. A public hearing occurred on May 16, 2007, at 2 pm and 6:30 p.m. and May 17, 2007, at 8:30 a.m. in the County Board Room of the Rusk County Courthouse. Status: On May 31 st, 2007, Flambeau Mining Company (FMC) agreed to a binding stipulation in response to the Lac Courte Oreilles (LCO) Band and other opposing parties’ concerns regarding the issuance of a Certificate of Completion (COC) of Reclamation for the Flambeau mine. The stipulation denied a COC for the portion of the mine site that has shown considerable copper contamination and requires FMC to clean up all existing contaminants in the streams and waterbodies on the site and wait three years before petitioning for a COC. The agreement also requires surface water, soil and sediment sampling for contaminants at the site for the next five years. Read the Stipulation Agreement here. The stipulation was ratified by the LCO tribe on June 4th, 2007, and will become final upon ratification by Northern Thunder, the Sierra Club, and the President of FMC. Read the press release from MEA and LCO here. |
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LCO Tribe Takes on Mining Company and Wins Pro- Anti- Forces Focus on Flambeau More Work and Reviews for Former Mine Site First Modern Mine Cleanup in Wisconsin Comes to a Compromise Environmental Groups Claim Victory in Deal with Mining Company Environmental Groups Claim Victory in Deal with Mining Company Environmental Groups - More Work Needed on Mine Site New Agreement Reached on Ladysmith Mine Former Rusk Co. Mine Goes 'Natural' Flambeau Mining Company Reaches Regulatory Agreement on Ladysmith Mine New Agreement Reached on Ladysmith Mine Flambeau Mining Co. Reaches Regulatory Agreement with Ladysmith Mine Why Wisconsin's Flambeau Mine Matters to Michigan The Public Gets a Chance to Speak at the Public Hearing Should Flambeau Mine be Released from Ladysmith Mine More Debate Over Whether Wisconsin Mine Can Be Returned to the Wild Urge the DNR to Continue to Hold Ladysmith Mining Company to Cleanup Responsibilities Comments Needed on the Flambeau Mine Memorial: Roscoe Churchill Flambeau Mining Company Says It Has Reclaimed Ladysmith Mine |
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MEA is representing the Lac Courte Oreilles Band of Lake Superior Chippewa Indians in a challenge to Flambeau Mining Company’s request for a Certificate of Completion of Reclamation of the Flambeau Mine, near the town of Ladysmith, Rusk County, Wisconsin.