Damakant Jayshi

The Ho-Chunk Nation, one of 11 federally recognized Native American tribes in Wisconsin, is formally opposing an application for a permit from a Canadian company for metallic mining exploration at the Easton Reef Deposit in Marathon County.

In a resolution passed unanimously on July 12 the Ho-Chunk Nation Legislature in Black River Falls, the seat of the tribal government, said they opposed GreenLight Metals, Inc.’s request for an exploratory drilling permit and “any future efforts to engage in gold mining near the Dells of the Eau Claire River in Marathon County.” According to Ho-Chunk Nation leaders, the exploration site is 2.5 miles to the Eau Claire River.

The Ho-Chunk Nation Legislature said the exploration site is in the Indian tribe’s former treaty territories and is now “in close proximity to the Nation’s Territory.” The territory includes “air, water, surface, subsurface, natural resources and interest,” and the tribe’s Constitution grants the Legislature the power “to acquire or purchase lands for the benefit of the Nation and its members.”

Ryan Greendeer, public relations officer for the Ho-Chunk Nation Legislature, said the tribe’s constitution allows jurisdiction on tribal-owned lands and also for tribal members.

“Our people are our most important resource but we must have clean air and clean water to survive. So we take the harmful exploitation of the natural resources in our beautiful homelands very seriously,” he told Wausau Pilot & Review.

The tribe’s resolution was shared with Wausau Pilot & Review by Tricia Zunker, a local Ho-Chunk tribal member in the Wausau area.

GreenLight Metals’ application for an exploratory drilling permit in Marathon County is still in “pending” status.

“We have been in contact with GreenLight about the remaining materials necessary to complete the review,” Laurie Miskimins, director of Marathon County’s Department of Conservation, Planning, and Zoning told Wausau Pilot & Review. This is similar to what the CPZ said on May 10 after officials put the application on hold while seeking additional information and documents. Meanwhile, Miskimins acknowledged the Ho-Chunk Nation resolution but said the department had no further comment.

GreenLight Metals applied on April 29 for a permit for an exploratory drilling for gold in Easton near the Dells of the Eau Claire County Park. The exploration permit, if granted, would allow the company to explore the Easton Reef Deposit, which is “estimated to contain approximately 120,000 ounces of gold,” according to CPZ officials.

The Toronto-based company had applied for a license for conducting metallic mineral exploration in Wisconsin in February. The state’s Department of Natural Resources (DNR) issued the license on Feb. 17, with an expiration date of June 30.

The status of the state-wide license is unclear. When Wausau Pilot & Review reached the company for the updates, the company CEO provided a brief statement but avoided details about the status of their license or how far they are in providing the required materials to Marathon County’s CPZ.

“Mining is a process that takes time and GreenLight Metals remains focused on exploring the potential resources available in the Reef Deposit and working to complete its exploratory license,” said Dan Colton, President and CEO of GreenLight Metals. “We continue to engage with elected leaders and local stakeholders and look forward to continuing to strengthen our community ties and social license here in the region.”

Colton added that the reef deposit has the potential to “help meet the growing need for rare earth minerals that help power our nation’s green economy, and GreenLight looks forward to helping Wisconsin be a leader in domestic development of our critical minerals.”

At a meeting of Environmental Resources Committee on May 31, chair Jacob Langenhahn told the standing committee that he would meet with GreenLight Metals on June 17. He did not say whether he would be meeting them alone or with other county officials.

Langenhahn did not respond to Wausau Pilot & Review’s repeated attempts for comments related to that meeting and for updates about the application for the exploratory drilling.

Ho-Chunk Nation is not the only group to oppose the exploration.

Some residents from the area have raised concerns about the potential environmental impact, including contamination of groundwater, of the proposed gold drilling and have urged county officials to deny the mining request at the Easton Reef Deposit. Some residents have expressed the concern that drill fluids contain forever chemicals called PFAS, which have been found in wells in Wausau and surrounding areas.

Critics recognize that the county has limited authority in light of the law passed by a former Republican governor and the state’s Republican-led state legislature. In 2017, Governor Scott Walker signed the Nonferrous Metallic Mining Bill (Act 134) into law, lifting a de facto moratorium on mining activities for iron and gold in the state since 1998. The law allowed local governmental bodies additional time to review the law and draft metallic mining ordinances accordingly.

Marathon County Corporation Counsel Michael Puerner said that the county’s local ordinance requires that an exploration permit be issued by the county if the application complies with all applicable regulations and ordinance requirements. “Under our ordinance, an application may only be rejected if it does not comply with all applicable regulations (including those spelled out in Wisconsin Administrative Code NR 130 and Wisconsin Statute Chapter 293),” he told Wausau Pilot & Review.

Greendeer, from Ho-Chunk Nation, said that the tribe relies in part on state and federal law when asked about the county’s limited role. “We employ several leaders focused on environmental protection that will help oversee our response.” 

CPZ’s Miskimins specifically pointed out what the metallic mining exploration refers to: the on-site geologic examination from the surface of an area by core, rotary, percussion or other drilling, where the diameter of the hole does not exceed 18 inches, for the purpose of searching for nonferrous metallic minerals or establishing the nature of a known nonferrous metallic mineral deposit and includes associated activities such as clearing and preparing sites or constructing roads for drilling.

If an applicant is looking to file an application for Metallic Mining, that process, and requirements are covered under another ordinance, Miskimins said.

“This is not what GreenLight Metals is applying for at this time,” she said.