Richard Hendricksen Candidate for State Representative
Sulfide mining
History/ index: foundation, unresponsiveness= time to speak, patriotism= disrespect of public input, short version, long version, continued observations, perils of individualism, ungodly point =King/Serfs, back to Lansing = statutes, senate meetings, the deal, “all” phrase, industrial man, etc. (total 18 or 19 pages)
A Citizen’s Lament — Disrespect and Deception continue the legacy as Michigan’s
Sulfide Mining Era is set to begin
House Bill 6243
All writing Copyright Richard Carl Hendricksen November 16, 2004
To Senator Birkholz, Chair of Natural Resource Committee of the Michigan Senate:
Allow this document to be recorded for the judicial and executive branches, for future possible legislation, litigation, and for posterity. I am also sending it to people whom I believe will benefit from these words.
This sulfide mining bill fails to reflect the needs and opinions of those
citizens to be most affected by it. Local public input has been largely ignored. For example, the local public of Powell Township has not had the real opportunity for expression. We have been restricted and controlled nearly every time we tried to speak. Such is not “Freedom of Speech”.
Let the record speak that the legislators may intentionally destroyed our environment and lifestyle, with the passage of this bill. Legislators of the past were unaware, but today one has the information at your fingertips to study .
I did not take many notes when in Lansing in the House and Senate buildings on Nov. 9th, o4.
I went there on a lark and nearly changed my mind in going.
I saw little merit in my efforts because I knew I was allowed only 3 minutes, maybe more, such was made very clear to me. I was told this by Blake and aide for the chair of the Agriculture committee. He told me this three times. He even called back because he went to ask if I could be given more time. He found out, “no” was the answer, and I might be cut off at 3 minutes.
A few months earlier I had watched for two days straight as the “work group” discussed the wording of the new sulfide mining law. I quickly realized that there would be essentially no meaningful public input into this legislation; this work group reduced us to little kids sitting aside as an audience. Or maybe we were like gawkers or even prisoners waiting for our heads to be chopped off at the end of the day.
Well, when we got our time to speak, did we ever come forth. The audience was really fuming. We somewhat chopped off their heads. For three or four persons in a row, we were highly critical of the proposed law. The audience would cheer itself. This contrasted ominously with the work group’s response, which was none at all–they sat as mute, giving us no feedback, beyond kind of yawning and squirming in their chairs. They gave us no questions, no opportunity for discussion, and certainly never said our opinions were worthy of the slightest respect.
It felt humiliating to put one’s heart and soul into one’s presentation, and then get no reaction. At this point there was NO communication. We may as well have been speaking a foreign language for all the response we got from them.
Perhaps they had already made up their minds. Maybe they were tired and just wanted to go home. Even their fearless leader Skip, (head of the DEQ) left early and did not listen to public input the second day. If they even considered our comments, that would have been appreciated. But there was no discussion the next day; because I listened, and they proceeded on to their old business.
I waited specifically for the work group to adjust to our apparent public input, but onward they sped like a train out of control, without heeding their own repeated observation of lack of time.
Why is this important?, Because the inclusion of public input was non-existent or minimal. And I am trying to describe to you in detail, what I mean by “non-existent” or controlled or minimal or restricted. Any effort at including public input was a Joke. I will come back to this. But now permit me the opportunity to give you a foundation. Very people know this.
11/10/04
Foundation
In the early 1980's we had the Island/Eight Lake episode. In ‘79 or ‘80 we had the uranium talk, which are mining episodes in Northern Marquette County.
Kennecott started looking for minerals somewhere around 10 years ago. We (local woods people including Fred Rydholm: and x mayor of Marquette, author of 3 books, direct neighbor of the Kennecott mine site) saw an airplane fly over with a big flat thing underneath it. We wondered what it was, and opined minerals or mapping or even moose searching. As it was, it appears to be minerals, still we did not know at all.
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Next, we witnessed strangers driving around looking suspicious. Fred told me this.
Then, a few years ago we observed test drilling in strange spots. We still didn’t make anything of it. But we were real suspicious in a gossiping and laughing way...still totally unaware..
Finally, we hear the rumor that “they” found some form of ore body in the Yellow Dog Plains. We don’t know what “‘they” have found, but we all try to guess.
Time goes by. Now, Sofia (fictitious person) is on the warpath about mining. She found all about it and shortly thereafter we learned of Kennecott. Again, no one had up to this point informed us of anything. She formed “Eagle Alliance”, and lives within 10 miles of the mine site.
Sofia digs in. Meanwhile, Fred sees open pits on the Plains. Chuck Gossingger form Big Bay joins the talk. So does Michelle Halley, and attorney for the Wilderness Society. We are all trying to learn more, but Sofia, Chuck, and Michelle lead the way.
Chuck is an intense, big, and intelligent person. He is so intense, he tends to rub some people the wrong way. He all but calls people stupid, which they indeed may be, or they are just laid back. He labels people “B” types.
Anyway, Chuck got into an argument with Sarah Pelto (former Powell township supervisor, she was just voted out of office), and Vince Bevins, the current supervisor. Since Chuck is so big and smart, Sarah and Vince were afraid of him. So later someone brings a gun into the township office. There was talk all about town. Chuck did apologize but he wouldn’t have hurt anyone. The truths is, those people needed getting after.
Sara was not delivering papers to her board. She had intimidated other board members so that they sat quiet most of the time. She was keeping information to herself about Kennecott (they had visited her in private). We all wondered if she was paid off, but couldn’t prove anything. We couldn’t figure out the truth.
Anyway Sarah got defeated in the primary, by Vince, mind you. The two continued to fight and stab at each other. Sarah ran as a write in, She canvassed hard, but lost again by a large margin. Another lady came in second and Sarah third.
So now, Sarah is out. There is a new board where 3 of 5 people are new. And consequently perhaps this governing board will pay attention to Kennecott in a voting manner. I believe it will because I also ran as a write in candidate, but sadly, my neophyte campaign was last minute, albeit sincere. It lasted all of six very hectic days. I did, however, get approximately 85 of 500 votes. I learned while canvassing door to door that the local normal people are opposed to this mine by a wide margin–about 75% against. All candidates talked of a survey after election.
So, I believe such may occur soon, to reflect this 75% opposition. It’s thus very important.
To summarize, Powell Township has been in disarray, from not knowing what the mining companies are doing, to Chuck being aggressive, to being laid back, to Sarah being secretive, to continued secrecy from Kennecott. So what Marquette saw was Sarah covering up the conflicts, and Marquette usually is in its own world, which is too complex of an issue to deal with here. Powell Township is the public anyway, they are most affected by far, although many Marquette people have camps in the area. This bring up the issue of taxation without representation, a whole new can of worms, which needs study and comment later on.
Back to Unresponsiveness to Public Input
As I said, this bill is a joke, non-existent or minimal in the amount of public input into it. From public hearings to Kennecott meetings to especially the work group meetings, input has been discouraged and restricted.
However, one of the better meetings was at the Big Bay Hotel, where Kennecott chose to not show up. The DEQ came though, and the public really got after them. Here’s where we found out about the lack of law to control underground mining. We also found out how there was no baseline study, and that Kennecott was to do their own. It was pointed out, “here is the fox in the hen house” doing its own baseline study for its own self. There were two times when the audience sat quiet, like you could hear a pine drop…. We were in disbelief. The DEQ tried to appease the audience, and said they needed public help and that they have no money. “Look at the state budget” was expressed. We somewhat were sucked into trusting the DEQ. From this meeting evolved the work group, with Kennecott and other mining interests on this panel, to which we objected to in the very beginning. Again, the expression: the fox is running the hen house.
The next big meeting as far as most of us knew, was held at the Holiday Inn, in Marquette, with the work group. (We had been watching for a meeting but Kennecott would say nothing). Little did we know they had already decided most of the issues, and the bill was mostly already written.
Again, here is a huge point: When you offer the public 2 to 5 minutes to speak and do not cross- examine politely matters with them.... I believe your communication level is disgustingly low.
The public is not used to public speaking...some have practice, most do not. They, individually, are nervous, yet passionate enough to come to testify before you the group or legislators with authority. All of us are one person talking with another, and if the roles could be reversed, you yourself would be nervous.
Then there is a the time limit imposed. Some individuals are fine with a couple minutes, but others who have much to say have a difficult time. Like myself. I need time, I have 30 years of background. Chuck needs lots of time, he has studied this intently for two years. Gail Griffith, a retired chemistry professor, needed much more time. She has a career of scientific knowledge, but was cut off by the work group.
I watched the hands of these citizens as they spoke and many were shaking. What kind of people are we, when we cannot do unto others as you would have them do unto you. Some of us have not learned how to speak under pressure. One’s mind may not function when everyone is staring at you. Beads of sweat roll off the forehead. Maybe one is simply just not a fast talker. Our Bill of Rights clearly and unequivocally speaks of freedom of speech. The intent of our forefathers was not to restrict such speech. You only have freedom of speech for 3 minutes.... the Constitution does not say this or even imply it. Some people need 1 minute, but others need and hour or so...because they have something to say.
So, public input has been restricted at every single meeting I’ve been to except the one at the Big Bay Hotel. And decisions were already made by the time the work group meetings got to Marquette.
Another point here is; Kennecott cannot take debate, solid healthy vigorous open fair debate. Point for point, researched out for truth, answer for answer. Instead, Kennecott has set the stage and blind sided us. Neither side should be blind sided. This is too important an issue.
Disrespect of public input continues in Lansing, or the arrogance and ugliness of the Michigan legislative process.
Now to analyze the lack of public input in Lansing, which I witnessed during my trip on November 9, 2004. The agricultural house meeting was at 10:30 a.m. They gave the public three minutes each. Seventeen or so people spoke for their three minutes, myself included.
I confess I spoke nervously. Than after this restricted and highly regimented period of public input, which lasted less than an hour in a state which has a population exceeding 10 million people, with minimal debate and discussion, the 15 house members all voted yes, and passed the bill forward.
I said I was opposed to the sulfide mining bill, and that I wanted them to come to Big Bay to see how the people in our community were opposed to it. I said 75% of the people were opposed. I did not read my prepared statement, but expressed essentially that I wanted them to come north and see for themselves. I put forth Chauncey J. Moran’s statement of “changing the culture”.
It was then that Representative Casperson interrupted and ranted at me for about 7 or 8 minutes, lecturing me with incorrect information supportive of his position only. I had no opportunity to respond to this rude verbal attack in any way shape or form. I told him I would talk with him privately. The chair asked me how long I had lived there. I replied 30 years. I then went back to my seat. My time was up. As he passed me along.
If I had been given an hour or so, with good vigorous communication back and forth for another two additional hours or fewer, such would have informed these people (legislators) of the issues. After about 15 minutes, I calm down, and good communication and knowledge comes out of my mouth. A day later, more talk would be good, because I usually forget some matters, and I feel such is fair for both sides. In my daily life I use technology, and I realize base metals are vital in our culture. So I do take an objective point of view, otherwise I would be a hypocrite. I have a strong aversion for the word, and have reacted all my adult life as such. Listening is the key.
When Rep.Casperson found fault with me at the house meeting, he employed the infamous “NIMBY” personal attack. “Go somewhere else and mine” is his mocking expression of this “Not in my backyard” accusation. Little does he know, I deal with this thought frequently, and actually have dealt with it most of my life. His demeaning rant was quite hurtful to my inner self and he had no way of knowing this. If I only could have defended myself. But again, no public input. This is actually tragic.
One might ask, why did I drive for 480 miles just to speak for three minutes, and worse yet have a legislator insult me? Although he did say, he did not wish to insult me, which was polite, but he went ahead and insulted me anyway. I wonder if legislators are elected solely because they are so good with their tongues. I mean, if people are going to interpret what you say as an insult to the point where you have to apologize before you say it, those words can indeed truly be interpreted as an insult. So I came to Lansing, only to be insulted and labeled a NIMBY
hypocrite by one of my own Upper Peninsula representatives.
But why can not I express myself and defend myself to my own government? If you are raised with civility as I was, and you are beaten down and can not even defend yourself as I was, because my time limit had expired, what sort of nation are we? What can I do but hang my head in grief, and walk away like a man. But later a man may cry in private, if his heart can even allow such, cry to himself and silently out to the world that the truth is that free speech is a myth.. Is my country then just a joke? Does he think I do know the Pledge of Allegiance, or the Star-Spangled Banner? Do you think I do not believe in the principles of democracy?
I do not want to tell you this, but tears are now in my eyes and on my cheek as I write this a day later. But I am a male and I should not tell you this, but keep it to myself and not show my feelings. Yet, I do have them as this is my country. I hold beliefs about my country, built upon the words and concepts and stories that we are all taught in school throughout this land. The doctrines and ideals that we as Americans supposedly live by. Our constitution, and what it took to gain freedom from Britain. And Abraham Lincoln’s Gettysburg Address speaking of our rights and duties as a free people.....that government of the people, by the people, for the people shall not perish..And other words immortalized in our national psyche, like the Alamo. And then, I drive for 8 hours straight, 480 miles, for 3 minutes. And I am told I am a hypocrite.
I wonder what we are, or what we have become. Then Rep. Casperson finished his babbling, and the chairman dismissed me with a nod. Symbolically I was told or nudged to sit down.
How am I in this life to ever find the courage and will to speak before such inconsiderate people again? Because I am a gentleman, polite, and humble to the principles of civil discourse, and my time was up. Actually, I was eight or so minutes beyond my time. I had more time than anyone else, someone said to me. The problem was Rep. Casperson spent 6 of those minutes ranting at me. I cannot share all the pain inside me from this.
Rep. Casperson expressed other points I would have definitely responded to, and I scratched them on paper while he was ranting, but now I cannot figure out the points. I was trying to be polite and listen intently to him. I somewhat thought; it is impolite to write while he is talking, but his points I wanted to respond to as well. But now I have lost them.
Maybe I made a mistake, maybe I should have read my prepared statement which you will find below. This short version is followed by the long version, in order to explain more. One can find detailed and related information in this long version. I very much wanted to present this original long version to the legislative committee, but then I had to cut ruthlessly to meet the time limit.
480 miles- 3 minutes “Short” version
My name is Richard Hendricksen, My personal residence is about 10 miles downwind from the mine site. And I think I am the fourth closest resident.
My profession in the UP is a land and waterfront real estate broker. I have been loyal to this specific type of real estate for 30 years now. I have focused in the Huron Mt. Range, although I have covered many other parts of the U P. I could talk extensively about what I know, but I am only allowed 3 minutes..
This mine site is remote and undeveloped, and I might add, poorly understood. The Yellow Dog Plains has no electric lines, no paved roads, no cell phone towers. It is a base or center of a pristine area, supportive of tourism and long term preservation, all around it, which has been there long before this mine proposal came along.
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I believe this mine site is a mistake. There are or could be few parallels, for this in the entire state. The Pine Era and lamprey may be the worst environmental disasters, yet the land and fish can come back, and Hooker Chemical and Rouge River and others are still not as dangerous as this. This site could be disastrous. This is happening under our noses, on your watch..
I deleted and changed this for politeness sake: (We are being bamboozled to trade away for short-term gains the beauty of generations. This has got to be the stupidest, most brainless, irresponsible type of exploitation possible. There is no parallel for this in the entire state. (Not the devastating pine era, nor Hooker, nor the lamprey, or the Rouge River, or the Kalamazoo River. ) This is happening under your noses. On your watch.)
I am opposed to this mine for the following reasons:
1. Local opposition is strong. A vote would prove it.
2. Existing pollution standards will not protect existing purity..
3. Kennecott thumbs its nose at local zoning laws.
4. Change in character of area, with the law of unintended consequences sure to apply.
5. Damage of existing economy and quality of life.
6. The common sense rule
7 We need to protect Great Lakes water.
8. Kennecott’s reputation (PRIVILEGE):
9. Lack of oversight. Rushing through sulfide mining legislation. .Stakeholders committee was stacked. (Flying under the radar).
10. You cannot keep water away from the mine. There will be acid rock drain
11. The terrible lack of vision by our state of Michigan
The answer to the problem is: Wisconsin has a mining moratorium, we need one, too.
Even now, Kennecott is already polluting on the Plains, but this gets little publicity, and Kennecott continues to maintain a cloak of secrecy over its current activities.
Conclusion
I would love to talk more and support my statements, but you have limited me to three minutes
I invite you all to Big Bay. Come and see for yourselves. I will introduce you to the common people and show you what the tourist sees. Our mountain range is one of the most beautiful areas in the state, but come and see before it’s too late. Once the sulfide mine turns the area into an industrial zone, no one will want to come.
So, knowledge. Does not knowledge lead to wisdom?.
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Are there any question???
Will you please ask me questions.
The following is my longer version, which I wanted to present.
Good morning.
There is a disaster in the making in the Upper Peninsula, a disaster of such magnitude that I have driven over 400 miles for these three minutes. Even if I can’t change anything, at least I will have done my civic duty as a citizen of Michigan to warn and inform my government about that which they do not see. My heartfelt words may fall on deaf ears, but let the record reflect that I have tried.
Just like Alaska, Michigan has its far northern lands, remote and undeveloped, and I might add, poorly understood. The area of which I speak has no electric lines, no paved roads, no cell phone towers. A Goliath of a supranational organization called Rio Tinto mining is poised to take advantage of this relative ignorance and in short order rip this pristine area apart. The sword of Damocles is over our heads, and it’s in the shape of a sulfide mine.
And it’s happening because people are busy; they need to live their busy lives. They have bills to pay, private goals to realize.
But we are being bamboozled to trade away for short-term gains the beauty of generations. This has got to be the stupidest, most brainless, irresponsible type of exploitation possible. There is no parallel for this in the entire state. This is happening under your noses. On your watch. You must look out for the best interests of present and future generations. That’s why we have a government to tend to these concerns.
With all due respect, the ball is being dropped, and it’s dropping fast.
My name is Richard Hendricksen, My personal residence is about 4 miles from Big Bay in Powell Township, Marquette County. I think I am the fourth closest residence to the sulfide mine planned for the Yellow Dog Plains by a subsidiary of Rio Tinto called Kennecott.
My profession is a land and waterfront real estate broker. I have been loyal to this specific type of real estate for 30 years now. Focusing in the Huron Mt. Range, although I have covered many other parts of the Upper Peninsula.. I could talk extensively about my profession but I am only allowed 3 minutes..
I am opposed to this mine for the following reasons:
1. Local opposition is strong. But local control is a myth.
1. About a year ago, Kennecott said to the public, that if the locals were opposed to the mine then they would not pursue it. Recently I was canvassing for Powell Township Trustee. I went from door to door, talking with the common people. I believe 75% is a conservative estimate of percentage of local residents who opposed this mine, some vehemently..
Kennecott is so unaware of this public sentiment. Some prefer underground power lines and not diesel generators, should there be no choice about a mine. Kennecott get such false information because the supposedly local citizens group they have created have not consulted the locals. The representative for Powell township recently was voted out of office. She was unaware (apparently) of pertinent public opinions. I intend to start a survey within one month.
How can the state of Michigan tout its heritage of local control and still allow this sulfide mine to run roughshod over the will of the local people? Where is the vote? Maybe local control only applies to casinos.
2. Existing pollution standards will not protect existing purity..
2. The minimal amount of polluting allowed by state industry evolved during and from an era of existing polluted rivers. We are in a different time period now. Somehow the Salmon Trout and Yellow dog have survived the onslaught of pollution of the past 150 years. They are a pocket of purity that feed directly into Lake Superior only 15 miles away. Today is a new opportunity. The law can and should apply differently here. .
3. Kennecott thumbs its nose at local zoning laws.
3. On Zoning: for my 30 years as a real estate person, I have never disclosed or informed or talked about a mine coming on the Yellow Dog Plains in any offer to purchase form. Actually I have disclosed the land use as timber production and/or recreational. And such is how the people have purchased it for decades. I have spoken or seen “resource production” yet, still the verbal disclosure has been timber and recreational. That is in common laymen terms. This is important to know in my mind, because it is the use of the land. I wonder and think this is like what is called “law of situs”. Law in location
4. Permanent change in character of area, with the law of unintended consequences sure to apply.
4. Rural residential. There will be permanent residents living on the plains after the mine leaves. changing the character of the area permanently. You cannot prevent a person from living on his land, period.
Disruption and damage of existing economy and quality of life. Nonstop truck traffic.
Noise.
5. The economic base in the area is timber production and recreational. Statistical data shows that if a mine were introduced, it would damage tourism, substantially. The tourism industry locally has been built up for 32 years now, step by step, year after year. Who is going to take the responsibility for this loss of business for this one group of peoples. This would be a permanent loss. Further people have also moved to the area for a life style, a clean way of life, and for retirement which was understood to be environmentally sound, and now it is not. How are you going to compensate this loss. If the State of Michigan supports this type of mining, (especially since legislators did not listen to local input) then the State should also go on record as being responsible for losses to the locals. What do you say to those who had Marquette recognized as one of the top small cities to live in, in our nation... What a lie this becomes.
Short term profit not a just trade for the short and long term harm. Who will really benefit?
6. Our government is divided into three major parts. Legislative, Executive, and lastly Judicial.(the courts). We have all learned in high school that each is a check on the other. One of our greatest presidents, Abraham Lincoln, a proponent of common sense follows through in today’s courts. The common sense of this sulfide mine is not there, especially when you open your eyes and see that the majority of the people are against it, and it is harmful to the environment, and there is no shortage of nickel and copper in North America. Canada has
huge amounts in mines. It’s not worth it to send not only our jobs to China but our precious ore as well, at prices no doubt that will consider a bargain.
Incidentally, the jobs Kennecott’s mine will create are boom and bust, short term,. non-union.
6.5 We need to protect Great Lakes water.
How inconsistent is it, when The State of Michigan holds dearly its Great Lakes water preventing the sale to other regions and yet here the state is quite cooperative in opening the door to lasting, injurious pollution with a sulfide mine, a type of mining that has no precedent in this state, and is so potentially devastating to the environment that one of our neighboring Great Lakes states, Wisconsin, has declared a moratorium against it.
7. PRIVILEGE: I speak of this work because sometimes wise leadership is direly needed. In my life and considering my upbringing I consider it a PRIVILEGE to be here, but more pertinent, in this case, it is a greater PRIVILEGE for you to be there. It is a PRIVILEGE of vision, and responsibility. To hold your head up and know, that you had watched over the downtrodden. Or those less fortunate then you. We are a democratic government, not of dictatorship, but one where we mutually work together for the good of all.
If this is an issue of the good of all, then Kennecott should buy out all in the area because they are ones forcing the change. All for the all-mighty dollar. There is no critical national shortage of nickel or copper. The is no national reason to tear up the yellow Dog Plains.
8. Lack of oversight. Rushing through sulfide mining legislation. .Flying under the radar.
Sulfide mining is unprecedented in this state, so unknown that existing mine laws, many of which are obsolete and which Kennecott is taking advantage of, such as the rules for leasing
and mining permits, simply can’t adequately oversee this type of resource extraction.
So— now we have the rush job of sulfide mining regulations. How laughable and absurd to witness Kennecott’s able assistance– like the fox helping in his goodwill to write up the rules for raiding the henhouse. But this is what the Legislature is allowing with this haste for sulfide mining regulations. We should bow our heads in shame for what we are allowing.
How inconsistent is it, when the State does not have the money and resources to for oversight of this potential mine. Look at the record.
Stealthily it has laid its plans for our ore, taking advantage of our lax and obsolete mining laws and our lack of attention
Have we woken up too late to save ourselves?
Kennecott is already polluting on the plains; but this gets little publicity, and Kennecott continues to maintain a cloak of secrecy over its current activities.
9. Wisconsin has a mining moratorium.
I most urgently ask that our state enact the same law passed by Wisconsin, a sulfide mining moratorium. We MUST err on the side of caution. For the sake of our children’s children.
I would love to talk more and support my statements, but you have limited me to 3 minutes
I invite you all to Big Bay. Come and see for yourselves. I will show you what the tourist sees. It is one of the most beautiful areas in the State, but come and see before it’s too late. Once the sulfide mine turns the area into an industrial zone, no one will want to come.
Now, Knowledge. Does not knowledge lead to wisdom?.
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Are there any question???
After I sat down, I watched and listened intently. Was I wrong about this law? Should it be passed?
Some discussion
A point a representative brought up was the subject of jobs, and the economic good. Yet, how could I explain--this just was not true. That the jobs will be temporary and the tourism loss far surpasses the mining gains.... and that mining would leave the UP much poorer then when it started. Read the data, see for yourself. You are relying on lies and manipulation. Propaganda and wishful thinking. Studies have been done by Professor Tom Power whose web site is:.www.umt.edu/econ/power/ Go read for yourself. It is very interesting and enlightening.. Read my web site also: .www.richardhendricksen.com, link to Four Parks. This is the creation of large parks across the northern tier of the UP...being far more beneficial to the people and the timber industry, and future generations.
My continued observations
After I walked out of the morning meeting, I talked with Marvin of the environmental groups. He was quite articulate, and admittedly I don’t understand the depth of his words. He pointed out that we in Michigan have no underground mining law at all, implying that Kennecott can raise all kinds of hell with our lands and neighbors if we don’t at least get this bill passed into law. In other words, half a loaf is better than none. But others disagree.
Marvin and his boss tell me about the afternoon Senate hearing which I knew nothing about. After contemplation, I decided to go.
Just before entering this hearing, I met the township supervisor for Lake Township from Menominee County. He was very organized, strikingly unlike Powell Township.
This township has paid $15,000 to have a mining law drawn up, and he believes his proposed version is better than the work group’s law. He talked about it and presented it at this hearing. I think this is an absolutely fascinating development. A superb point.
He also had earlier presented this document to the house agriculture committee. But, they just took it and then passed the work group’s version without even reading it. Another example of not listening which makes me sick.
Marquette Citizens’ “Input” — More Jokes
I saw Gov. Granholm’s aide at the citizens committee meeting recently in Marquette. This is where Kennecott chose the people (groups) to determine citizen input. They were many of the same stone-faced people from the work group. They chose no one from any opposing group. They even originally wanted no public access, but when Marquette objected, Kennecott relented and gave in. So now, the public can listen, then at breaks the public may mingle with individual group representatives, with the hope that such public comment may reach an airing sometime during the rest of the meeting. But the problem is: the new representatives are ignorant of the facts, therefore their response to your entails a somewhat blank stare, or they say, we’ll see later or some vague thing.
The Powell Township appointee to this citizen committee has now been voted out of office here in Big Bay. So we hope a new appointee will be selected who is more responsive to the majority of the residents’ views. This appointment will most likely be a group person of some sort. Who knows...
The Perils of Individualism
The point to understand is Powell Township is a mixture of views, yet highly individualistic. Up to this point the old supervisor was at odds with part of her board and bickering continually with other parts of the township. There was much in-fighting, and no unification. This attitude ran amok throughout the township. Add to this, a group called Eagle Alliance formed to oppose Kennecott. Some residents did not like members of Eagle Alliance, and Eagle Alliance was bickering within itself.
Remember that Kennecott likes to deal with groups But in a township like Powell that is so individualistic, and with Sarah Pelto setting such a poor example, no group, governmental or otherwise, has formed to take on the sulfide mining crisis. End result: Kennecott doesn’t have to deal with Powell Township. So the individuals are left out, thus leaving the opposition in Powell Township smoking and unheard. There is a kind of void. But don’t think they support this mine, because they don’t. A few do, but very low in numbers.
Consider the similarity to the challenge faced by the diverse and oftentimes warring Native American nations when faced with a monstrous conquering enemy that snuck up on them just like Kennecott is coming unbidden to transform Powell Township. The Indian nations, despite the threat of the white man’s ways, which ultimately destroyed their way of life, could not unite against the common foe. And Powell Township residents, some with petty personal animosities going back years if not decades, appear to be failing in the same way, unable to unite against their common threat. Only the united Iroquois Confederacy had any success in holding off the advance of the white man’s juggernaut.
And is Michigan too arrogant to study the techniques of Wisconsin’s success at gaining a sulfide mining moratorium? Wisconsin succeeded by a relentless grass-roots unified campaign involving the Indian groups, environmental organizations, tourism interests, you name it, even
common people who just liked the woods and wanted to preserve it. Is Michigan too arrogant to learn from a neighbor?
Back to Lansing
So now when we have the apparent opportunity to speak before the State legislators, no one is there from Powell Township except me, yet Lake Township has five or so people expressing their interests in an organized and coherent manner, yet unheard by the house agriculture committee. Powell Township is not being officially represented, and Marquette does not represent it. Ask Marquette city residents if they want a sulfide mine at their doorstep, and you would hear howling clear to the ends of the earth. But Powell Township is partially confused, because......... .
Another ungodly point
An argument continually used by people to block Powell Township expression is that the mine site is in another township, which it techniquelly is, therefore we have no right to have a say. But here is my answer: The arrangement of township boundary lines is quirky and nonsensical, meaning in this case no major road leads to the mine site from the heart of its township, called Michigamme Township. The reason there are no roads is because a mountain range is there. Gee whiz–a high rock elevation blocks the mine area. It is called the Michigamme Highlands or some similar name. If a mine were to go in, all its waste, and vehicle access, would necessarily use Powell Township roads, waterways, and air.
So, imagine a King, and all his serfs. The serfs serve and care for the King, provide him food and take care of his waste, and make his bed. The serfs do all the work, and the King reaps all the rewards. This is the way it is with this mine site. Michigamme gets all the property tax benefits, while Powell Townships grades and improves all the roads, puts up with the noise and truck traffic, and receives all the risk from possible water pollution and probable air pollution, because we are also downhill and downwind. The key to this unfair situation is America is not a Kingdom, it is a constitutional democracy in case you all have forgotten. No court in its right mind would support such a Kingdom. We’ll call this the Kennecott Kingdom.
Back again to Lansing
Shall we continue. The Lake Township supervisor presented his points which revolve around state versus township authority to watch over a sulfide mine company. He is absolutely correct but again the legislators are “not listening”.
Let me tell you a story, an observation.
When I was watching the work group in Marquette (for 2 days); if Cherry (Kennecott’s representative) or the other mine person objected to something the DEQ people dipped their heads, looked down at their papers, looked up at Cherry to feel out what he wanted, acting as if Cherry were the master of all. Conversely, when Sofia2 expressed opposition, the DEQ lectured her, and joked with her, and talked to her as if she were a little girl.
But Cherry, he would talk some; the DEQ would adjust and Cherry had what HE wanted.. Although, some debate came from Marvin mostly. Sofia2 tried her heart out. She was looked at but not listen too. Lake Township brought out its opposition too, but no one listened. The Indians objected but they too were disregarded.
This behavior pattern was pungent throughout. It stunk of bias and Cherry the fox in the henhouse was very evident. The DEQ (four of ‘em) played its role too, that of a pack of powerful gate-keeping guard dogs over-seeing the situation. Ultimately its this government-funded bureaucratic agency that is responsible for enabling this farcical legislative process, by encouraging leases and poor mineral laws and continuing Michigan’s sorry legacy of “rape and plunder of such natural resources as the State of Michigan land areas were gifted with from the Indians.”
Think of this point: if Michigan wants to keep its nonrenewable Great Lakes water from being piped to the western parched states why wouldn’t it want to hold on to its nonrenewable minerals too, until there is a dire national emergency requiring we tear them out of the land? I perceive a certain hypocrisy here.
Rep. Casperson can label me such, but the state is the ultimate hypocrite. And the irony in this unnecessary plundering of a mineral resource via sulfide mining so close to Lake Superior may well succeed in damaging the water resource, too. Way to go, sulfide mining.
Kill two birds with one stone, or so it goes.
So, what I am saying is: due to the dogs and the fox in the hen house; the opposing views were superficially treated, nor was the opportunity given for strong, vigorous expression or debate. Such is brought out in full force by the Indians refusing to accept this potential law. Thank god/spirit they were there and have the money and determination to step forward. To be counted.
Another point on township rights is: Read Ruin and Recovery by Dempsey: our state is laced with examples of DEQ lack of enforcement, lack of money, lack of political will, lack of order, and now it is broken up from the DNR. Another book I recommend is The New Resource Wars Native and Environmental Struggles Against Multinational Corporations by
Al Gedicks.
It is a very good idea for a township to watch over the mine on their own soil. This topic greatly needs expansion.
I’m off to the 3:00 PM meeting with the Natural Resource committee with Senators.
To me it was bewildering to watch this chair compliment the work group, over and over. I guess we all were on TV.
Skip, the head of the DEQ, spoke of the unity of the work group. It appeared to me a gathering and near celebration of such a fine law they all had written, so they expressed such mutual admiration and solidarity. But the opposing truths were yet to come.
A fine older lady from Lake Township somewhere, and of the Back 40 environmental group, politely criticized Skip and the work group and Marvin representing all the environmental groups. She was special in my mind.
She said, around 23% tourism will be lost due to mining. This is the point.
Seek it, read it, find it out. It is TRUE.
Next, somewhere in here it was my turn. Again I did a poor job. I wish I had done better. I was given less than 2 minutes this time. But I tried, stuck my neck out, spoke for those even shyer than I, these words of mine expressed even after the dressing down I received courtesy of Rep. Casperson.
Soon, the Indian attorney spoke and criticized the bill. I hope they study what he said.
Next came the Lake Township supervisor. He did a great job. They seemed to be listening.
The Deal
But the chair senator asked: would Lake Township still want the law, or accept the law – if their specific “lack of township authority” was eliminated or not put in the bill? In a beautiful gracious way, those people did say they would (after all) accept the bill because; something was better than nothing (as best as they could understand).
Their public acquiescence is psychologically impressive because it reflects how rural people or “youppers” are willing to cooperate, when there is fairness. We are indeed not saying the NIMBY syndrome because we all use technology. What we are saying is: you better absolutely not harm our environment, plus, what are you going to do about our loss of tourism and loss of growth of tourism, the years that this mining boom-and-bust nonsense puts us backwards. Believe me, it has already put us backwards. I’m a real estate broker, and I know. So far, every time I disclose this mine, people turn away. Think about how I must disclose things in our state.
A lie (?) before your eyes.
What is it? The undue haste continues.
As I said above, Skip, a head of the DEQ, told the Natural Resources Committee, “We all support this bill, it was hard work.” Marvin, who represents all the environmental groups, repeated the same thing. Kennecott spoke in a similar way... it was their celebration time at the beginning of this meeting. By the way, they were given as much time as they needed to pat each other on the back.
Then, about 10 to 15 minutes later, Lake Township politely said they objected, the Indians firmly objected, I objected. Hmm, but I missed this at the time: all means all. Well, it sure appears in this case it is not all. So, was this just a harmless exaggeration for effect, or a little white lie, or maybe a big fat lie? What did the DEQ mean by ALL?
I ask that the Senate review their own proceedings of this session., to confirm what Skip of the DEQ and the others said. Did they not say “all”? Did they not at least imply “all”? So, the next question is to ask why this authoritative government agency misrepresented the circumstances of sulfide legislation to a Senate committee. Did they also over-state themselves to the House committee? What if I were to put forth such an exaggeration in reverse, and say “Everyone supports me.” Note the all-inclusive word “everyone.”
This inaccurate and misleading ALL expression by the DEQ is a red flag, a clue to a large part of the problem. That problem is that in this important and far-reaching legislation, there can be no room for hyperbole or lies or exaggeration or misleading public statements from a supposedly objective and responsible government entity.
This deception on the part of the DEQ exposes the bias coming from the working group, and this is one huge reason why this bill MUST be rejected. This lie or half-truth or whatever you prefer to call it occurred right before the Senate committee’s eyes, in fact was said for their
consumption. Please think about this.
Further: the time factor here also exposes a bias...... the favoring groups were allowed plenty of time for expression, but when the chair ran out of time, she reduced the time allowed to the opposing group of people who happened to be last, me included.
To give the public a few measly minutes and then send them away, after they have driven 480 miles. No consideration. Can you see the rush job.
Why rush through this legislation?
The answer is: Kennecott wants to file a permit to mine soon, probably early this coming summer of 2005. And “talk” is Kennecott has the right anyway you look at it to mine because of a convenient lack of any current underground sulfide mining laws or regulations. I find this reasoning a poor excuse for rushing far-reaching legislation. “Haste makes waste.” Such rash hastiness is inconsistent considering how slow and messy much of our law-making process is.
The following are points to this question of undue haste.
1. When observing John Cherry and his other mining person; in the answer of “we want to mine next summer” I am left suspicious and asking why?
2. This sulfide mining legislation is so important, why rush the issue? The ore will still be there in a year or so. I suspect that rushing makes a sloppy law beneficial to the mining industry.
Moreover, speed catches the opposition relatively flat-footed and unaware.
But more importantly, the mining industry, specifically Kennecott itself, knows sulfide mining is not a good thing and should be banned until it can be done safely and proven so. Marvin speaks of “taking” for the mining companies. When an asset was not justifiably yours to begin with, and it is destructive to the environment then “taking” is a different matter. Note the word: destructive, I’m not using “causes a little damage.” I also wonder if it’s like the Nuclear Power issue, where the public finally got its act together and realized the terrible problems and consequently one doesn’t see more plants being built.... the same thing will apply to sulfide mining. Kennecott is fearful of the public, therefore they rush matters along.
Further, Kennecott has known the extent of this ore body, the locals and other have not. If indeed Kennecott was honorable and wanted this mine and indeed believed it was safe for the public... issues like government power (townships) and others testing for environmental quality and other points too, brought out by the Indians, would not have to be argued for at the work group meetings. Psychologically, these points would have been agreed to wholeheartedly because, remember sulfide mining can be done safely, so Kennecott says. But such is not the case; look at their record..
Why is it, local mothers like Kelly and Wendy, young women with little children, are lividly opposed to this sulfide mine? Because they know, they have checked it, and they understand the grave risks to their children and the environment those children will inherit.
.
Kennecott also has kept knowledge away form the locals, they have not helped us learn about sulfide mining. Why have they kept knowledge away from us and not listened to us, when they originally said, “if the public does not want us, we will not mine.”
If Kennecott were sincere and honorable; they would have tried on all levels to create goodwill and build trust and openness. Respecting that the UP has an important tourism and recreational traditions that they are at odds with. And at odds with zoning, in that most people will not want this.
In my mind: this multinational company must buy out all of the Big Bay area, including the seasonal camps and residences if locals so choose. They have to provide an area where these people can move and live and raise their families. This assumes of course this sulfide mining is for the national good. It is not, you say? For whose benefit, then? Whose principal gain?
Industrial Man
Our parks seem to be in large measure off-limits, a resource that industrial man cannot exploit at will, something left for posterity. Something sacred. Something protected from the greed and waste. Ironically, even as the rich plunder and become richer, they seek unspoiled places to live and retreat to, that they privately enjoy and keep undeveloped. Such places are still sacred for humankind, rich or poor...because the animals know no boundaries, find protection where they can, among the lands of rich or poor. It doesn’t matter.
The Huron Mountain Club, a private wilderness for the very wealthy, is a 105-year old preserve, and to its south, separated by the Yellow Dog Plains, lies the public wilderness of the McCormick Tract, a glorious tangle of roadless forest protected for nearly as long. The stability and integrity of these two jewels, sacred areas set aside from industrial man, are now ironically threatened by the distinct possibility of long-term disruption by intensive industrial exploitation on the Yellow Dog Plains.
Michigan is truly making a deal with the devil, trading its inheritance for a mess of pottage.
And what of the common people, the private owners of the classic camp forties, who have over the years latched on to the Yellow Dog Plains, and dwell there. To take this is to take what little they have. Where is the heart? Everyone loses here, the private and public preserves, but most of all the common man. His sacred ground, his forty acre parcels are the ground zero which Kennecott destroys and exploits without compensation.
Lower Michigan is so stupidly misguided to have largely obliterated its natural endowment. And now they are willing to allow this atrocious sulfide mining in the Upper Peninsula, which has a reputation as “God’s country.” Again, where is the heart? These mining leases are everywhere. Let us become our own state. And end this plundering from Lansing.
There are two issues that have galvanized me:
Zoning and deception.
The zoning issue just is.
The deception issue has evolved
Kennecott told us they would respect our wish if we did not want a mine. This earlier statement is forgotten and evaded. Then Kennecott finds people to support their desires, which are clearly the minority opinion. Or they are people who stand to gain finically, or they are actually perhaps already paid by Kennecott. They build upon this minority.
The local newspaper is the Mining Journal. Note the word “mining.” Sadly, it is terribly slanted towards this sulfide mine. It is like Kennecott paid off this newspaper. Perhaps the editorial staff cannot accept that sulfide mining is a different breed of cat; this is not your grandfather’s iron ore mining, which was destructive enough in itself. Or maybe the newspaper is naturally stupid, which many readers agree with anyway. But we have nothing else, so we have to live with it. We want some news, but we don’t get the full story. Not nearly.
Kennecott has really nice polished professional presentations, and we as opposing individuals are somewhat crude, and emotional. Some of the Marquette businessmen fall for this slick presentation. But the opposition groups are building. They include a student group at NMU, and a group of local health industry employees. I am working on the Realtor community. We have many more groups, too.
We also have to battle the old Iron Ore mentality, which as I have stated the newspaper in town makes no effort to change. People think all mining is the same.
Deception runs wild.
Even in Lansing, Rep. Casperson accuses me of the NIMBY principle whereas we locals know quite well that we use today’s technologies and jobs are needed and we would adjust if such a result were just and fair.
But Kennecott is not coming to us. On the contrary, it practices secrecy and I believe outright deception in its claims and promises. It is avoiding and has avoided direct dialogue with us. And it controls the setting for our comments. Therefore something is wrong. We need to be treated with respect.
So the process goes to Lansing. Here I had hoped our legislators would listen to our logic. Because such is their purpose, to represent the people and carefully analyze the issue. But when I hear Rep. Casperson and see other agriculture house members and hear their votes.
I see the sickening reality of misplaced trust. Everything I have believed in about my country and the democratic way is now called into question; I may lose my faith entirely.
Maybe the Senate or Governor or media will respond.
This bill should be sent back to the House for further consideration, and true public input.
Richard Hendricksen
To Senator Patty Birkholz
November 29, 2004
Chair of the Natural Resource Committee,
Michigan Senate
RE: House Bill 6243, Senate Bill 1457
Copies to: Senators Basham, Brater, Paterson, and Van Woerkom
and to the rest of the Senate by email. Also copies to media and friends.
The essay below contains my opinion, as articulated by my friend and wife. She makes me sound good.
Please note: Ancient Rome was a republic before Julius Caesar came to power. What happened? I politely ask you this for the sake of the people of America.
Thank you for the privilege of communicating with you again,
Richard C. Hendricksen
You Snooze, You Lose,
or How the State can’t have its Cake and eat It, too
Retired South African Anglican bishop Desmond Tutu said recently,
“Truth can’t suffer from being challenged and examined.”
He said this during a speech encouraging public debate about his country’s lingering problems.
This statement about truth applies equally well to sulfide mining in Michigan. The issue has not been openly and vigorously and publicly debated. But as a free society we need and deserve open discussion from which truth cannot suffer.
As part of the debate, we need to question and examine the relevance and validity of the claim upon which sulfide mining is based, namely so-called mineral rights.
Discussion and airing of obvious facts of contemporary reality will reveal that over the past several decades our state government has encouraged and funded many changes in surface land use. In fact, so much has changed and evolved on the surface that the heretofore un-asserted claim of mineral rights will inevitably place an unjustifiable burden on surface rights holders.
Surface rights holders have increased and developed their use of the land in many ways, such as the expansion of tourism, more people moving into the woods, and the creation of snowmobile trails snaking through the land. The many new laws and regulations governing surface rights attest to this reality, including new laws on disclosure, pollution, taxation, and zoning, to name a few.
In the meantime, the holders of so-called mineral rights have not publicized or asserted their so-called rights. Except for tourist attractions, there is not today a single operating underground mine in Michigan. There used to be hundreds. Inadequate and paltry public notice is given when mineral leases change hands. The exploration phase for minerals is a closely-guarded activity.
Thus veiled in secrecy and disuse, and obtuse to the ongoing and obvious changes in surface land use patterns, mineral rights have lain low, slumbering for years, maintaining a very low profile deep in title insurance; in fact it costs extra to do a title search for them. And thus the people never gave them a second thought.
The state has created its own monster. The heretofore unexercised relic claim of mineral rights conflicts directly with the current circumstances of life above ground. The state cannot for decades encourage and foster one pattern of economic development, and then abruptly pull that direction and focus away, in order to transform the region into an industrial mining zone.
There is a saying, “You snooze, you lose.” Mineral rights have slept. Now they awake and demand to be recognized. But too much water has flowed under the bridge. True and open public debate will show that common sense, if nothing else, demands that changes in surface usage supersede the obsolete claim of mineral rights.
Mineral rights may have no statute of limitations, but our changing times exerts its own power and truth. By not keeping up with surface developments, by failing to give timely and open notice and disclosure of themselves, by lack of precedence of mining in the disputed areas, such as the Yellow Dog Plains, for these and many other reasons mineral rights have rendered themselves an unjustifiable claim on the land. They cannot impose themselves on today’s world without inflicting lasting damage and suffering.
This is why this new sulfide mining law is nonsensical. The environmentalists believe that half a loaf is better than none. But they need to see that this mining industry-driven law attempts to regulate an outdated claim, one that is no longer an economic bargain, and one that conflicts irreconcilably with life on the surface today and tomorrow. It should be rejected on its face.
We need to step back and take the time to closely study this issue of justification before we enact this legislation, before we subject surface owners to sulfide mining near their land. The 10 million people of Michigan deserve as much. We need open debate from which the truth cannot suffer.
And the truth is the de facto obsolescence of mineral rights in light of changed circumstances that have been aided and encouraged by the state itself. Recognize this truth. Half a loaf bread will stick in our throats for generations.
Moreover, if you think the idea of mineral rights obsolescence is too extreme a thought, consider that certain Michiganians believe homosexual marriage is a perfectly acceptable concept–such a radical idea was unthinkable a generation ago.
Given such shocking boldness, beyond doubt we possess the mental fortitude to re-think and debate the relevance and validity of mineral rights in the state of Michigan.
One way or another, the truth must come out. It may well ooze through the pores of this hasty legislation.