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WRITTEN TESTIMONY

AB1/SB1

Public Hearing in Madison, Jan. 23, 2013

From:Susan Sommer

Date: 1/23/2013

To: Representave Williams and Senator Tiany

Commiee on Jobs, Economy and Mining

Commiee on Workforce Development, Forestry, Mining and Revenue

I have numerous concerns about AB1/SB1 and today register my tesmony in opposion to the bill

(iron mining bill).

Please consider this document as my wrien tesmony. I was unable to take o from work today to

travel to Madison for the public hearing. I come from Phelps, Wisconsin, about 20 minutes north and

east of Eagle River, quite close to the border with the Upper Peninsula.

I have been studying, researching, wring and speaking about the mining issue facing our State since

May 2011.

This bill was rst released shortly aer your 1/16/2013 press conference. The hearing in Madison to-

day on this new bill is inadequate to address the concerns of the cizensthroughout our enre state,

both in ming and in locaon.

This bill most certainly lessens Wisconsin's strong environmental standards. For example:

1. S. 295.40 (7) of the Legislave Findings states: "That because of the xed locaon of ferrous miner-

al deposits in the state, it is probable that mining those deposits will result in adverse impacts to

wetlands and that, therefore, the use of wetlands for bulk sampling and mining acvies, includ-

ing the disposal or storage of mining wastes or materials, or the use of other lands for mining ac-

vies that would have a signicant adverse impact on wetlands, is presumed to be necessary."

2. The bill redenes "sulde ore body" so as to exclude ferrous mining from the concerns surrounding

themining, or disturbing of, sulde ore bodies. See ss. 293.50(1)(b), 293.50 (2), (2)(a), (2)(b).

3. The bill redenes "unsuitability" to exclude archaeological areas and "other lands designated by

the DNR." Legis. Council Memo dated 1/14/2013, p. 15. s. 295.41(46) This new denion allows

the DNR to grant a mining permit in areas that our current law protects. s. 295.58(2)(a)

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4. Under current law, the DNR may or may not grant an exempon from the requirements of

the metallic mining law (under specic circumstances). This bill "requires the DNR to grant

an exempon if the request is consistent with the purposes of the iron mining statutes, willnot violate other environmental laws, and will either not result in signicant adverse envi-

ronmental impacts, or such adverse impacts will be oset through migaon." Legis. Coun-

cil Memo dated 1/14/2013, p. 15-16.

5. Current law expressly prohibits the lling in of lake beds. s. 293.13(2)(d)4. This bill elimi-

nates this specic prohibion. Legis. Council Memo dated 1/14/2013, p. 28.

6. The bill modies the requirements for the applicant's mining plan. For example, the mining

company (the applicant) does not have to provide informaon regarding the nature and

depth of the overburden.

Legis. Council Memo, 1/14/2013, p. 12.

Of great concern is thefact that although the bill retains the standard prohibing violaons of groundwater quality

standards in regard tobacklling of excavaons,it"removes a standard prohibing an ad-

verse eect on public health or welfare." Legis. Council Memo, 1/14/2013, p. 12.

As a former prosecung aorney and now a lawyer in private pracce, my work has always been

about the facts. I do not tolerate exaggeraon, misinformaon, or obfuscaon of the truth. I have

seen that happen with policians as well as with folks represenng environmental groups, mining

companies, businesses, and special interests.

Ulmately, we are all in this together. The Penokee Range is our common ground. The laws of this

great State are our common thread.As legislators, you have been elected to represent all of us. You

may have run on the cket of a parcular party, but your work now as elected ocials is to represent

the interests of every cizen in this state. It is incumbent upon you to do your work and to do it

well. There is alot more at stake here than rushing through a bill because of some perceived but un-

proven goal.

In Service -

Susan Sommer

1/23/2013, 4:27 p.m.

Phelps, WI

715-891-8318

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