Preserve the Dunes, Inc.

SAND DUNE MINING
BACKGROUND & OBSERVATIONS

Our investigation indicates that serious violations exist in two of the sand dune mines operated by TechniSand in Covert Townships. These have already been described in correspondence to the DEQ.
Michigan jobs do not depend upon sand from designated sand dunes. Ford and GM do not use such sand in their foundry operations or in glass making. Furthermore, significant portions of a site (the Nadeau Pit being a prime example) are mined to produce sand for beach replenishment, general construction, and similar uses for which there are no strict quality requirements.
Sand dune mining brings no benefits to citizens of Covert and Hagar Townships - only noise, destruction of the land, heavy truck traffic, dust, worn out roads, decrease in desirability of area for recreation and enjoyment of the natural environment. According to 1990 census data, all types of mining provide no jobs in either township, 9 jobs in all of VanBuren County and 85 in Berrien (0.09% of jobs).
Tourism, recreation, and associated businesses generate significant revenues and taxes for Covert and Hagar townships. The destruction of the designated sand dunes areas undermines the value of the land and the income source that it represents.
We support the rights of property owners to use their land as they see fit. However, property rights are not absolute and are subject to regulation. Property rights are tempered by one's neighbors' rights and by the rights of society. Home owners in Critical Dune Areas must comply with very strict guidelines for construction and land use. One cannot even build a deck without approval by the DEQ. Why should a multinational corporation be allowed to totally destroy large Critical Dune Areas?
The law requires thorough analysis and supporting documentation before a sand dune mining permit is issued. However, once it is issued, significant permit modifications can be simply and easily made by the GSD without public discussion or comment. Such revisions make a mockery of the permitting process.
Funding the DEQ Geological Survey Division (GSD) through surveillance fees based on the tonnage of sand extracted creates a conflict of interest. The GSD's hammer to enforce the law is the threat of revocation of a sand dune mining permit. However, if the permit is revoked, the budget of the GSD may be reduced. This may affect jobs within the division. Our observation is that the GSD regularly allows actions that reduce costs and maximize the sand extracted but that violate the permit.
GSD sand dune mining permits place pressure on local townships to give approvals even when doing so is in conflict with local zoning. The expansion of the Busse Property was approved in Covert even though mining is not allowed in Environmentally Sensitive Areas. The permit was issued by the township only after mining had begun. In Hagar, the Township Supervisor was looking for ways around the prohibitions of the Zoning Ordinance before public outcry deterred the search.

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