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Defenders of the Black Hills
P. O. Box 2003, Rapid City, SD 57709 Phone: (605) 399
-1868
www.defendblackhills.org Email:bhdefenders@msn.com
UPDATE REPORT
Hello Defenders:
The past three months were running over with deadlines to submit comments to
federal agencies, tabling at Pow Wows, giving speeches, and attending a hearing
in Pierre, SD. Our gratitude to all who helped in these efforts, to all who
generously gave donations so we could accomplish the work, and to those who
provided the opportunities to participate. The following are short summaries of
some of those activities as well as upcoming events.
1. Nuclear Regulatory Commission GEIS Comments - Defenders
submitted comments before Nov. 7th to the Nuclear Regulatory Commission on their
Draft Generic Environmental Impact Statement for areas in Wyoming, South Dakota,
Nebraska and New Mexico. Our comments were specific to the area as delineated in
the Fort Laramie Treaty of 1868. If you wish a copy of Defenders’ comments,
please send a letter to the above address requesting the NRC - GEIS Comments.
2. Craven Canyon Exclusion from mining - The US Forest Service
filed an application with the Bureau of Land Management to withdraw 3,968.7
acres in Fall River County to protect the existing Native American petroglyphs
in the Craven Canyon area from damage by mining. The site will be protected for
the next 20 years. Defenders submitted comments thanking the Forest Service for
their foresight and also supported the withdrawal of the land to protect and
preserve this area sacred to many Native American nations.
3. Presentation given to DIA - Democracy in Action is a women’s
group located in western South Dakota interested in legislative action.
Charmaine gave a presentation on Nov. 18th and spoke about the need for state
and federal legislation. In this region of SD, WY, NE, she recommended a
moratorium in SD on further uranium exploration and mining until the
230 open pit abandoned uranium mines and prospects in SD are cleaned up, and the
more than 4,000 uranium exploratory wells are filled, capped, and marked.
Three federal bills are
needed to protect the public and the environment from further radioactive
pollution.
1) A federal bill to monitor and regulate radioactive particles in the smoke
from coal-fired power plants needs to be passed by Congress.
2) A federal bill is needed to regulate
and monitor radioactive particles in oil.
3) A federal bill needs to be passed to clean up
ALL of the abandoned open-pit uranium mines and prospects in the
United States, and to seal all exploratory bore holes or wells.
4. LNI and Defenders Raffle - The Lakota Nation Invitational Basketball
Tournament will be held Dec. 17-20th at the Rushmore Plaza Civic Center in Rapid
City. Defenders plans on having an information table. Winners in the Defenders
Winter Raffle will be drawn on Dec. 20th. The Raffle has always helped with our
general expenses. Items this year include paintings by Billy Swift Hawk, a tipi
lamp, a star quilt, and jewelry. Tickets are $1 each
or 6 for $5. If you wish to have a name in
the drawing, send your ticket requests with the correct amount to the above
address.
5. Black Hills Pow Wow Defenders handed out information at the
Black Hills Pow Wow on Oct. 10-11-12, 2008, and also the organization was
honored to be able to participate in four Grand Entries on Friday and Saturday.
Charmaine White Face, Coordinator, carrying a war club symbolic of her position,
and Clifford White Eyes, Board member, elder advisor and veteran, carried a
spear as they danced in front of a banner which read “No Uranium Mining in Great
Sioux Nation Territory -
www.defendblackhills.org.
The banner was donated by Coloradans
Against Resource Destruction who are allies with Defenders against a common
adversary, Powertech (USA), a Canadian company exploring for uranium in the
region. The banner was carried by Garvard Good Plume, Wanbli Okiciza, Michael
Elk Head, and Scott Clifford. More than 600 dancers followed. Wopila tanka
(thank you very much) to the Black Hills Pow Wow Association for their strong
support.
6. SD Board of Minerals - The SD Board of
Minerals granted to Powertech (USA) another exploratory permit for 30 more
uranium exploratory wells near Edgemont. Powertech is a Canadian company which
is also operating in Wyoming but have backed out of their operations in
Colorado. They want to explore in a certain area where there will be no uranium
so they can build their uranium processing plant. The information on the permit
request was sent in the last newsletter.
Defenders had a form letter for those wishing to object to
granting the permit. Twenty-seven individuals and three organizations submitted
letters of objection. Defenders had seven members attended the hearing held
before the Board of Minerals in Pierre, SD, on Nov. 19th.
The next step in the process is appealing the Board decision in SD Circuit
Court. This is the same procedure that was used in 2007 when Defenders appealed
the previous decision to allow Powertech to drill 155 uranium exploratory wells.
Powertech already has 4,000 wells in the same area. A copy of Defenders Press
Release is included.
PRESS RELEASE
Nov. 20, 2008
“Board Decision Endangers Bald Eagles and Archaeologic Sites”
Pierre, SD - A decision made by the South
Dakota Board of Minerals and Environment ignored
recommendations by the SD Game, Fish, and Parks Department [GF&P] to protect a
bald eagle nest, and the SD Archaeologist to study five possible cultural
resource sites in an area slated to become a uranium processing plant.
Even though the recommendations were given to the Board in an information packet
from the SD Department of Environment and Natural Resources [DENR] at a hearing
on Nov. 19, 2008, and Defenders of the Black Hills used the recommendations as a
part of the grounds for denial of a permit to drill 30 more uranium exploratory
wells, the Board granted the permit. Powertech (USA) Inc., a Canadian uranium
mining company, wants to build a uranium processing plant on the site in
question.
The GF&P letter dated Oct. 17, 2008, stated that the no exploration activity
should be conducted on the land in question for 7 months per year, between Feb.
1 and Aug. 31, “to avoid disruption of bald eagle activity at the nest” and also
a nearby redtail hawk nest. Defenders of the Black Hills further asked about
compliance with other federal laws, the Migratory Bird Treaty Act, and the Bald
and Gold Eagle Act which would protect the bald eagles. The Board did not
respond.
Mike Fosha, the Assistant State Archaeologist for the SD State Historical
Society who gave testimony at the hearing, also talked about several sites that
still needed to be studied. In a letter dated Oct. 15, 2008, to the DENR, Fosha
said “Before any recommendation on these sites can be made, a report outlining
their avoidance or their archaeological potential from a cultural resources
perspective must be reviewed by this office…Five sites have not been evaluated
and require additional archaeological investigation before any recommendation
can be made concerning their eligibility for nomination to the NRHP.” [National
Register of Historic Places]
Defenders again stated that the Board of Minerals must deny the permit as the
State Archaeologist did not have time to conduct a review or make a
recommendation. Without such a review and recommendation, irreplaceable
archaeological and historic sites could be destroyed. Defenders also questioned
Powertech’s comments that a Cultural Resources evaluation was conducted as it
did not state the date or who conducted the evaluation.
Gary Heckenliable, from ACTion for the Environment, had a statement presented
which further questioned the financial viability of the Canadian company to
reclaim the land after the mining operation ceases. Heckenliable asked the Board
to consider the financial capabilities for a reclamation bond when Powertech’s
shares are currently at 22 cents per share. His statement reminded the Board of
their previous permit to Brohm Mining Company, another Canadian company, who
mined gold and left an abandoned mine whose cleanup is now being paid by South
Dakota taxpayers.
Garvard Good Plume Jr., in his individual testimony, quoted a study from the
South Dakota School of Mines regarding the old abandoned uranium mines in the
area contaminating ground water. He stated: “No more uranium exploratory wells
should be drilled until all the aquifers are cleaned up, safe, and protected.”
According to state law, SDCL 45-6D-29., the Board may deny a permit for any of
the following reasons:
(1) The application is incomplete or the surety has not been posted;
(2) The applicant has not paid the required fee;
(3) The adverse effects of the proposed uranium exploration operation on the
historic, archaeologic, geologic, scientific, or recreational aspects of
affected or surrounding land outweigh the benefits of the proposed uranium
exploration operation;
(4) The proposed uranium exploration operation will result in the loss or
reduction of long-range productivity of watershed lands, public and domestic
water wells, aquifer recharge areas, or significant agricultural areas; or
(5) The proposed uranium exploration operation will adversely affect threatened
or endangered wildlife indigenous to the area.
The next step in the process is an appeal of the Board of Minerals decision in
state court.
For more information call Charmaine White Face, Coordinator at 605-399-1868.
7. University of Michigan and
Defenders of the Black Hills Partnership
The University of Michigan in partnership with Defenders will be conducting a
radon study on the Pine Ridge Reservation this winter. Radon is a naturally
occurring radioactive gas but can be increased when uranium is disturbed either
at the surface or below in groundwater. Radon causes lung cancer among other
health risks. Yet, if detected, there are easy, inexpensive ways to correct the
situation. However, without knowing if radon is in your house, then the entire
family is at risk.
The best time to determine the presence of radon in homes is in the winter
months when windows and doors are usually kept closed. Small canisters are
opened and left undisturbed for four days someplace in the home. After four
days, the canisters are sent back to the University where they will be analyzed
for radon.
We are very fortunate to be able to work with Professor Dr. Kim Kearfott,
Nuclear Physicist, from the University. She worked extensively in determining if
radon was in homes in the Southwest. Our deepest gratitude to Professor Kearfott
for her time and expertise.
8. Powertech Mining Company
Requests Special, Exceptional, Critical or Unique Lands
Deadline for Comments - December 28, 2008
The following is a Notification of Request for Determination of
Special, Exceptional, Critical or Unique Lands and Notice of Intent to Operate.
This notice is from the SD Department of Environment and Natural Resources
[DENR]. Powertech, the uranium mining company, submitted the request to DENR as
they want to mine in the area in question.
The decision by DENR will be to determine if the land Powertech wants to mine
should be excluded from being available for mining operations.
The land is located approximately 13 miles north-northwest of Edgemont, SD, on
9,425 acres where Powertech want to do large scale uranium mining in the
Dewey-Burdock area, according to Powertech‘s application. Located in the area is
a bald eagle nest which is listed as a threatened species under the state of
South Dakota. The SD Game, Fish and Parks has recommended no activity in the
area from Feb. to August due the bald eagle nest. There are also many
archaeological sites in the area. According to the application, there is at
least one site for every 8 acres. [We will also send copies of the application
if you wish one.]
Powertech wants clearance of the area to do uranium mining. We are recommending
no clearance for uranium mining in order to protect and preserve all the
cultural resources (archaeological sites) including some that have not been
studied, and also for protection of the bald eagles. Other concerns are the
radioactive pollution of ground and surface water.
Please send your letters of comments to:
Eric Holm, Minerals and Mining Program
Dept. of Environment and Natural Resources
Joe Foss Building - 523 East Capitol,
Pierre, SD 57501-3182
The deadline for submitting a nominating petition or comment is December
28, 2008.
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