Legislative

1. Remove financial incentives to the Geological Survey Division (GSD) to issue sand dune mining permits and to allow changes that increase the amount of sand to be extracted or reduce mining costs by not enforcing permit requirements.
2. Strenghten laws protecting the dunes.
   1. Adopt the proposed adjustments to the Atlas of Critical Dune Areas as recommended by the Center for Remote Sensing, Michigan State University in the Evaluation of Critical Dune Areas report. This applies a rational, measurable standard to the definition of Critical Dunes and is one that can be accepted by citizens and businesses.
   2. Prohibit sand dune mining in all Critical Dune Areas. Establish 2005 as a sunset on mining of designated sand dunes.
   3. Limit the maximum size of the "Plant Site" to no more than 10 acres or 20% of the property whichever is less. The operator could have a larger plant site by dedicating an active cell to plant activities.
   4. Require reclamation performance bonds for the "Plant Site"
   5. Increase the required bond amount to $4,500 per acre and link amounts to CPI increases for future periods. The current $2,000 per acre is a dis-incentive for the DEQ to call the bond and undertake reclamation.
   6. Set a time limit on completion of full reclamation at the cessation of mining. For example, require reclamation to be completed after a two year period in which less than 60,000 tons of sand is removed.
   7. Require public notice and public hearings for all renewals and extensions whenever a citizen request is made.
   8. Require public notice and public hearings for all amendments (now hearings are required only a special condition of the permit and by DEQ regulations for significant amendments.) For the past twenty years, the Special Conditions of the sand mining permit required public hearings on any amendments. Hearings for amendments were not held. At the Nadeau Pit in Covert, the permit was amended six times without a single hearing. One amendment allowed mining of land not owned or leased by the operator. This would have been avoided if a public hearing had been held. Also, if amendments have public review, the DEQ will be less likely to reduce requirements of operators.
   9. Increase the amount of fines for failure to comply with the Sand Dune Mining Law. The maximum is now $5,000. This is a fraction of the profits on one days operation on one mine. $5,000 to $10,000 per day is a more reasonable amount.
   10. Prohibit issuance of a sand dune mining permit when a local zoning ordinance prohibits mining, unless a special use permit has been issued.
3. Hold committee hearings on the effectiveness of DEQ enforcement of the Sand Dune Mining Law and take testimony of citizens groups such as Preserve the Dunes.
4. Tax sand extracted from Designated Sand Dune Areas to compensate people of Michigan for loss of this resource and to replace the surveillance fees now paid to GSD. In Critical Dune Areas the tax should be high enough to make use of this sand unprofitable for general construction, beach replenishment, and similar uses.Adopt the proposed adjustments to the Atlas of Critical Dune Areas as recommended by the Center for Remote Sensing, Michigan State University in the Evaluation of Critical Dune Areas report. This applies a rational, measurable standard to the definition of Critical Dunes and is one that can be accepted by citizens and businesses.

Administrative (DEQ Geological Survey Division)

1. Require public review and hearings of significant changes in the sand dune mining permits including: creation of or enlargement of plant areas out of cell units, revisions in extent of mining or buffer areas, any change in reclamation plan including changes in plant material, planting techniques, progression of active cells, changes in boundaries, revision of 15 year mining plan, change in operations, etc.
2. Require mining companies to make biannual aerial photographs of all permitted sand dune mine sites (October 15-November 15 and April 15-May 15) for monitoring conformance with the Progressive Cell Unit Mining and Reclamation Plan.
3. Do not issue permits for mining where local zoning regulations prohibit mining operations.
4. Renewals and extensions of existing sand dune mining permits in Critical Dune Areas should be treated as new permits subject to public review, full environmental impact studies, and not issued unless all prior mining activities are in compliance with the law, regulations and permit conditions. At such reissuance the current regulations and conditions should be applied, e.g. setbacks, reclamation standards.
5. Strictly enforce existing laws and regulations.

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P.O. Box 581, Riverside, MI 49084
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