December 18, 1997

Mr. Les Thomas

Permit Consolidation

Land & Water Management Division

Michigan Department of Environmental Quality

P. O. Box 30204

Lansing, MI 48909-7704

Dear Mr. Thomas:

I am writing to you on behalf of the membership of Preserve the Dunes, Inc. We are a citizens group comprised of over 250 residents and property owners primarily in Covert Township, Van Buren County, and Hagar Township, Berrien County.

Based on the information that you recently provided to me, TechniSand, Inc.'s Part 301 Permit (No. 83-12-50) to create a lake and conduct dredging and sand washing operations at the Nadeau Pit expired December 31, 1993. However, the operations are continuing. The attached letter has been sent to Mr. Michael Coté of the Geological Survey Division requesting specific actions regarding a number of permit violations related to the sand mining activities.

• Should TechniSand request a reinstatement of their Part 301 Permit, we request that:
• We be notified and invited to comment
• It be considered a new application
• The Land & Water Management Division fully investigate the current situation
• Further dredging be halted until a new permit is issued.

We are especially concerned about impacts on Rogers Creek at the North end of Nadeau Pit due to the lake and the mining operations. It is a designated trout stream. T. C. Bureau (DNR, Land Resource Division) noted in 1983 that Rogers Creek is a "top quality trout stream." The possibility of environmental impacts increase as mining activities move closer to the creek. The environmental impacts may include:

1. Ground water quantity or quality impacts as the mining encroaches on the unconfined aquifer recharge/discharge areas around Rogers Creek basin.
2. Increased surface water flow in Rogers Creek from discharge through the thin sand berm separating the mine from Rogers Creek.
3. A sudden failure of the thin sand berm with concurrent release of the contents of the Nadeau Pit lake into the creek.
4. The filling of Rogers Creek by the wind erosion of sand from the unprotected mining face adjacent to Roger Creek.

Should TechniSand not request a reinstatement we expect the matter to be referred to the Attorney General to enforce compliance with the laws of Michigan.

We request your immediate attention to and action upon these matters. I can be reached at the above address, or via fax at (312)922-6056, or email at ____@________, or by phone during business hours at (312)922-6050.

Sincerely,

Charles F. Davis, III

President

Enclosure

copies:

The Honorable Harry Gast, State Senator­District 20

The Honorable William VanRegenmorter, State Senator­District 22

The Honorable Robert Brackenridge, State Representative­District 79

The Honorable James Middaugh, State Representative­District 80

Mr. Jerry Sarno, Covert Township Supervisor

Ms. Constance Castor, Covert Township Clerk

Mr. Russell J. Harding, Director, M/DEQ

Mr. Larry Witte, Chief, Land & Water Management Division, M/DEQ

Mr. Charles D. Fowler, President, TechniSand, Inc.

© Preserve the Dunes, Inc.
P.O. Box 581, Riverside, MI 49084
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