NEWS BRIEFS
OOPS!
When mailing labels were prepared for the last newsletter, which was mailed just before New Years, nearly 50 labels were inadvertently not printed due to a computer "glitch." If you missed that issue let us know and we will send it to you.
MEETINGS WITH LEGISLATORS
A number of Board Members met with several of our legislators the week of January 12. These included Rep. Mick Middaugh (80th District - includes Covert Township, VanBuren County), Rep. Bob Brackenridge (79th District - includes Hagar Township, Berrien County) and Sen. Harry Gast (20th District - Berrien and Cass Counties). We briefed them on our concerns, the permit to mine the Taube Road Extension site issued in error, the violations at Nadeau Pit and the Busse Property, and longer term sand dune mining issues. Rep. Middaugh promised to review our concerns with DEQ Director Russ Harding. Senator Gast offered to set up a meeting with Mr. Harding and our group at the appropriate time.
D.E.Q. RESPONDS
Our letters were sent to the DEQ on December 18, 1997. It took quite a while for them to respond. Finally, eight weeks later on February 13 and 14, we received letters from Geological Survey Division (GSD) Chief Harold Fitch and Land and Water Management Division (LWMD) Permit Consolidation. The GSD reply was totally unsatisfactory.
The GSD has taken the position that there are no serious violations. They admitted that there is no current permit from LWMD to dredge and that several minor procedural violations may have occurred. Our list of violations of the cell unit mining and reclamation plan were simply denied or dismissed. We immediately responded point by point to their denials. In several cases we illustrated the violations with photographs as shown below.
 |
 |
| Nadeau Pit - Cell Unit 9 February 1998. Fencing is required to protect reclaimed areas and to restrict access by off-road-vehicles, as well as to protect pedestrians from injury. The DEQ says fencing is adequate. What do you think? | Cells 3 and 6 - November 1997. In March 1997 the DEQ placed Cell Unit 3 in Interim Status (under reclamation, i.e. regradedto a 1:3 slope, revegetated with no bare spots greater than 25 SF). What is that bulldozer doing? What is all that bare sand? |
The GSD continued to maintain that the permit for the Nadeau Site in Hagar Township was properly issued. They claim the right to issue permits to extend mining into Critical Dune areas from permitted mines outside the critical dunes as they have in Hagar. To expand a mine within the Critical Dunes, the operator must have owned the land or the rights to mine prior to July 5, 1989. The DEQ ignored the fact that TechniSand bought this land on July 31, 1991.
LWMD is in the process of issuing a new permit to TechniSand for dredging and creating a 29 acre lake. The Division declined to stop dredging activities. They maintained that allowing operations to continue during the permit process will be more productive in achieving compliance with applicable environmental laws than shutting them down. The application is now in the "public comment" phase. We have responded and raised a number of issues - most importantly, protecting Rogers Creek from being silted up with wind blown sand. As we requested, the application is being treated as a new permit rather than a renewal. The LWMD will fully investigate the situation rather than automatically issue a permit. We have also requested a public hearing so that all concerns can be aired.
ATTORNEY RETAINED
The Board authorized retaining Tom Fetté as attorney to represent us in dealing with the DEQ and TechniSand. Gerry Thomas and Charles Davis met with him February 16 to bring him up to date with the situation, our objectives and our actions to date. Mr. Fetté pointed out that next to the DEQ shutting down the mine, the best response was their complete denial of any violations. It clearly defines their position and their collaboration in creating the current situation. He recommended that we try to interest Attorney General Frank Kelley in investigating our findings and enforcing the sand dune mining law.
Taking on the legal battle ourselves will be expensive. The estimated fee to take over the legal battle in Hagar Township is $15,000 to $25,000. Fees to pursue a lawsuit to stop or limit mining at the Nadeau Pit and have the permit at the Taube Road Extension rescinded could be as much as $50,000 plus expert witnesses.
ATTORNEY GENERAL CONTACTED
Immediately after the meeting with Tom Fetté, we wrote to Mr. Kelley and requested that he take action to protect the environment as he is empowered to do under the Environmental Protection statute. We are currently following up to see what action he and his office are willing to take. If he declines to become involved, we will have to take legal action to require the DEQ to enforce the sand dune mining law and TechniSand to stop mining the Nadeau Pit or to comply. The only other option is for one or more of our legislators to persuade the DEQ to responsibly enforce its regulations.
NEWSPAPERS PICK UP OUR STORY
On Sunday, February 22, the Herald Palladium published an article about Preserve the Dunes and our concerns about sand dune mining. Unfortunately, they were very general in describing our findings and then "poisoned the well" with quotes from Rodger Whitener of the DEQ and a spokesman for TechniSand. The article left the impression that we were misinformed and had some hidden agenda. A number of letters to the editor have been published and have helped correct this impression.
Other correspondents are also writing articles. We expect that these will be more supportive or at least more factual. We were able to review with these writers the DEQ's reply and our response to it. We expect state wide distribution of some of these articles.
 |
Looking across Cell Unit 9 on December 27, 1997. An aerial survey photograph taken January 14, 1998 by TechniSand indicates that except for being covered with snow nothing had changed in the meantime. |
 |
The same view on February 4. What had taken 14,000 years to create was destroyed in less than three weeks. |
MINE ENCROACHES ON THUNDER MTN.
New documents received from the DEQ revealed that TechniSand's permit for the Nadeau Pit was amended in April 1997 to extend the mine onto property owned by Thunder Mountain Heights Association. TechniSand sought and received approval from the VanBuren County Road Commission to incorporate several pieces of the Blue Star Highway right-of-way into the mining site. Included in the land areas were 0.83 acres of land owned by the Association. The Road Commission gave its approval. The DEQ issued the permit amendment. This is an example of the inadequate surveillance and environmental management typical of the DEQ's Geological Survey Division.
BUT JUST A MINUTE . . .
Why did the Road Commission give away public property for strip mining of critical dunes? As a result of their actions we, the tax payers, are underwriting TechniSand. After deducting the Association's 0.83 acres, the land grant is still 0.38 acres. Assuming that 75 feet depth of sand can be extracted over this area and that the profit is only $1.00/ton, this gift is worth $62,000. That's the property tax on the entire mine for over thirty years at the current tax rate. Are we missing something? What has TechniSand done for VanBuren County or Covert Township? Other than ruin our roads; disturb our sleep; spoil the drive down the Blue Star Highway; and destroy an irreplaceable environmental assets. They have not brought jobs for VanBuren County residents or increased the tax base.
Maybe the state can collect a gift tax.
STATUS REPORT
RESPONSES
Over 350 individuals have responded to the first two newsletters and the world wide web site. We need to hear from even more of you - so we can tell our elected officials and government employees that Preserve the Dunes represents a large number of citizens and property owners who want to preserve the sand dunes of southwest Michigan.
FUND RAISING
Contributions have exceeded $20,500 through March 15. Gifts have varied from $5.00 to $5,000. So far, funds have only been spent for printing, postage, reproductions, engineering consulting services, and aerial photography. We currently have nearly $15,000 on hand.
Now, we are moving into a phase where we will require significant representation by legal counsel. This will increase the need for funds. So if you can help, please do so.
VOLUNTEERS
A tremendous amount of volunteer time has gone into assembling information on taxes, land ownership, and mining permits; photography; writing, preparing and mailing the newsletter; setting up the corporation and writing bylaws; expert legal advice; creating the web site; coordinating with other environmental groups; meeting with legislators and township officials; monitoring township board and planning commission meetings; dealing with the press; and so forth. The value of donated time has certainly exceeded the cash contributions. Thank you, volunteers!
INTERIM UPDATES
You can keep up to date by visiting this web site.
