The approval of a permit for the Tilden Mine to deposit mine waste into regulated wetlands and streams, has raised concerns among environmentalists. (Photo courtesy of the Citizens for a Safe & Clean Lake Superior)

TILDEN TOWNSHIP — Cleveland-Cliffs, Inc.’s Tilden Mine recently had a permit approved to permanently fill regulated wetland and stream with rock stockpile and mine waste.

Permit #WRP045322 was approved by the Michigan Department of Environment, Great Lakes, and Energy on June 11 and authorizes the Tilden Mine to conduct the following:

≤ Permanently fill 32.5 acres of regulated wetland and 272 linear feet of regulated stream to provide an additional 93 million long tons of rock stockpile capacity to support the Tilden Mine 20-year iron ore production plan.

≤ Compensate for impacts by preserving 114.9 acres of wetland within the Green Creek Preservation Area, by protecting streams and wetlands within the Goose Lake Inlet Conservation Area via conservation easement and by utilizing 31.53 wetland credit acres available in the Republic Wetland Preserve.

Regulated wetlands and streams, as the name implies, are subject to regulations at the federal, state and local levels, designed to protect ecological functions and requiring permits for any activity that would impact the area, such as the Tilden Mine depositing their mine waste. Kayla Conklin, an environmental quality analyst for the Water Resources Division of EGLE, elaborated on how the permit includes protections put in place and reviewed by the EGLE WRD to ensure compliance with water quality standards.

“The recently permitted Tilden Mine waste rock stockpile expansion was reviewed and authorized under Part 301, Inland Lakes and Streams, and Part 303, Wetlands Protection, of Michigan’s Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. As part of the permit review process under these statutes, EGLE Water Resources Division evaluated potential secondary impacts to the surrounding watershed to ensure compliance with Michigan’s Water Quality Standards,” explained Conklin in an email to The Mining Journal. “EGLE’s WRD Resource Unit worked closely with EGLE’s Water Quality Unit to confirm that the proposed stockpile expansion met these standards. In addition, the Tilden Mine is required to submit an updated Stormwater Management Plan to ensure that the expansion complies with all applicable water quality regulations.”

The permit approval follows two unsuccessful applications in prior years. One was in 2022, where Cleveland-Cliffs applied to fill 99 acres of wetlands for the same project but later withdrew its application following concerns from regulators and the public. They tried again in 2023, instead proposing to fill 77.9 acres of wetlands and the application was withdrawn in June 2024 after significant pushback from tribal entities, federal regulators and public opinion.

“Compared to the first application in 2022, the final permitted project reduces wetland impacts by 67% and stream impacts by 96%. It also includes additional permanent wetland preservation within the Escanaba River Watershed to help offset not just wetlands impacted by the authorized activities but also Tilden and Empire mine’s cumulative impacts within the watershed,” said Conklin. “EGLE determined that the project met all applicable statutory requirements for authorization under Parts 301 and Part 303 of the Natural Resources and Environmental Protection Act.”

When approving permits, the Michigan EGLE determines issuing a permit based on the following criteria:

• If the permit would be in the public interest.

• If the permit would be otherwise lawful.

• If the permit is necessary for the applicant to realize the benefits from the activity.

• If no unacceptable disruption to aquatic resources would occur, and

• If the proposed activity is wetland dependent or no feasible and prudent alternatives exist.

Since the Tilden, an open pit iron ore mine with an approximately 30% ore grade, and Empire mines have been operating under Cleveland-Cliffs since the 1960s, they have permanently filled over 800 acres of wetlands with waste rock from the mining process, according to a press release from the Citizens for a Safe and Clean Lake Superior.

As the citizens of Marquette County live not only right on Lake Superior, but amongst numerous other sources of freshwater, wetlands, and inland waterways, concerns surrounding the permit’s approval focus on the potential effects on the local ecosystems and watersheds.

“EGLE’s decision to issue this permit condemns wetlands and ponds of the Ely Creek watershed, an ecosystem which currently supports bats, wolves, an active bald eagle nest, and beavers,” said Kathleen Heideman of the Upper Peninsula Environmental Coalition’s

Mining Action Group, in the CSCLS. “Research shows that beaver dams and ponds have persisted on the Ely Creek landscape for hundreds – possibly thousands – of years. It is outrageous that Tilden Mine and Cleveland-Cliffs continue to use natural wetlands and water bodies as the cheapest, most convenient place to dispose of their waste rock. We are all diminished by the loss of these public trust water resources.”

Public trust water resources refer to the Michigan’s version of the Public Trust Doctrine, which is a legal principle typically adopted in state common law, requiring governments to hold and manage natural resources for the benefits of both the resources and the public, as the PTD is based on the idea that the lives of all people depend on natural resource access, and therefore the public should be able to access these resources for their benefits and recreation. While each version differs by state, Michigan’s primarily focuses on navigable waters, such as the Great Lakes and the land that exists beneath it.

“To mitigate unavoidable wetland impacts from the project, the permit requires protecting 114.9 acres of wetland and 4,079 linear feet of stream within the Green Creek Preservation Area of the Escanaba River Watershed, as well as utilizing 31.53 wetland credit acres from the Republic Wetland Preserve. All preservation areas will be protected in perpetuity through a conservation easement and monitored annually,” said Conklin. “In addition to requiring mitigation, EGLE will oversee the project through permit compliance monitoring, reporting, and site inspections to ensure that permit conditions are met. EGLE remains committed to administering Michigan’s environmental laws to protect regulated water resources while balancing the public’s need for raw materials like iron ore and the benefits mining provides to the local, state and national economies.”

According to the CSCLS’s press release, the Tilden Mine’s bright orange tailings (or the material leftover after separating the valuable and invaluable ore fractions) are so large that they are visible from space. It also states that the newly approved permit accounts for some of the largest wetland impacts allowed by the state in the past five years.

“Wetlands filter our drinking water, prevent flooding in our watersheds and neighborhoods, and ensure our communities’ environmental resilience. EGLE’s decision to allow Tilden to fill dozens of acres of wetlands with waste rock is a disturbing reminder that despite the critical services they provide to our ecosystems and communities, wetlands are still considered a resource to be

consumed,” said Jane Fitkin, director of Citizens for a Safe & Clean Lake Superior, in a CSCLS press release responding to the permit. “We’re thankful that due to input from tribes, regulators and many concerned citizens, Cliffs’ wetland impacts were cut in half compared to last year’s application. However, our regulators must do better to prevent massive impacts like these to our continuously threatened water resources.”

The Mining Journal reached out to Cleveland-Cliffs for comment, but did not hear back from them prior to publication.

The full permit, its conditions and maps of the affected areas can be read online at mienviro.michigan.gov/nsite/map/results/detail/1455974968459131173/documents.

More information about EGLE permits can be found at michigan.gov/egle/regulatory-assistance/permits.

Abby LaForest can be reached at 906-228-2500, ext. 548. Her email address is alaforest@miningjournal.net.