The public believes that the DEQ is a regulatory agency, protecting the environment. But the DEQ works with the sand dune miners to minimize requirements, minimize the appearance of violations and maximize profits at the public's expense. This story is just one example of their enabling role.
In response to numerous complaints from Preserve the Dunes (PTD) about violations at this mine, the DEQ told us (and the legislators) that they had instructed TechniSand to have a registered land surveyor locate the corners of all cells on the site. PTD questioned whether the markers were in the location shown on the cell unit plans. In response to a Freedom of Information Act (FOIA) request for documents, (PTD) obtained a copy of a site plan prepared by the surveyor to document the location of the markers he had placed in the field. The partial site plan below shows how the cell bounaries were changed. Dashed lines are the original edges of the cells. With some amendments these had existed for 20 years. Solid lines are the changed boundaries. As a result the area of the Plant Site was increased by over 55%, by 10.7 acres to nearly 30 acres. Red areas in the plan were added to the plant site, green areas were eliminated. To put this in perspective, the law limits the maximum area of active cells to 30 acres.
When we notified Russ Harding, Director of the DEQ, of this unlawful change he responded by saying that the DEQ staff knew where the corners were located and had instructed the surveyor to relocate the markers. Perhaps, they knew where they thought the boundaries were or where they wished the boundaries were, but obviously they did not know where the boundaries are. But by expanding the plant site to the east (right in the plan), the DEQ included the plant office and some storage areas in the plant site. The additions to the south, included the road, the sand storage area and equipment storage in the plant site.
The large, irregular shape had been under water at one time, but was filled in with reject sand from the washing operation. In April, 1999, the DEQ told PTD that they would require TechniSand, the mine operator, to dredge that area so it was below water again. As can be seen in the aerial photograph taken October 31, 1999, the area has not been dredged.
So why care? First, there is no assurance that this plant site will ever be reclaimed. Or if so, when and how well? No performance bond is required for the Plant Site. At other mines the DEQ has allowed plant sites and the last cells mined to go unreclaimed for years. Second, even now neighbors are complaining of blowing sand and silica dust. This creates a health hazard. Prolonged exposure to silica dust can cause silicosis, for which there is no cure. Dust control is the only preventive measure. And the DEQ is certainly not insisting on dust control or reclamation that might prevent the wind erosion.
