Tribe threatens to sue mining company

The Nez Perce Tribe threatened to sue Midas Gold Corp. under the Clean Water Act on Wednesday for allegedly discharging arsenic and other heavy metals into the headwaters of the South Fork of the Salmon River.

The Canadian-based company with offices in Idaho owns mining rights in the Stibnite area near the unincorporated town of Yellow Pine. The mine, which dates back to the 1930s, has a legacy of pollution.

Midas Gold became involved about 10 years ago and has proposed reopening and expanding the gold and antimony mine while at the same time restoring the area and remedying the pollution and degradation left behind by previous owners.

Shannon F. Wheeler, chairman of the Nez Perce Tribal Executive Committee, sent a letter to company officials notifying them of the tribe’s intent to file litigation if the alleged discharge of pollutants doesn’t stop.

“All of these discharges are ongoing and without the authorization of a National Pollutant Discharge Elimination permit,” he wrote. “These discharges enter various water bodies, including Meadow Creek, wetlands adjacent to Meadow Creek, Sugar Creek and the East Fork of the South Fork of the Salmon River.”

Wheeler went on to say the creeks and river provide habitat for spring and summer chinook salmon, steelhead and bull trout, all protected as threatened under the Endangered Species Act, as well as aquatic insects and several plant species.

“Midas Gold’s unlawful discharge of pollutants into waters within and below their proposed Stibnite Gold Mine threatens Nez Perce Treaty rights,” Wheeler said in a news release. “Midas Gold portrays itself as a socially-responsible mining company committed to environmental restoration of the area. Contrary to their public promises, the data clearly show that Midas Gold is harming the environment.”

The remote, open-pit mine in the Stibnite Mining District sits west of McCall on both private land and in the Payette National Forest. It is also within the tribe’s historic homeland and where tribal members continue to fish for salmon and steelhead, according to rights reserved in the Treaty of 1855.

Wheeler contends the discharge of heavy metals is harming the protected fish species as well as other animals and plants. He said it is also harming the tribe’s efforts to restore salmon and steelhead.

“The tribe is a leader in restoring fish runs throughout its aboriginal waters in Idaho and has spent millions of dollars every year to this end for the benefit of all Idahoans. The tribe expects Midas Gold to take our Notice of Intent seriously and pursue immediate steps to remedy and cure the underlying violations short of litigation. The tribe will continue to be vigilant and will aggressively defend its treaty-reserved rights against such threats.”

Officials from Midas Gold did not immediately respond to requests for comments on the threatened lawsuit.

Barker may be contacted at ebarker@lmtribune.com or at (208) 848-2273. Follow him on Twitter @ezebarker.