PUBLIC HEARING
On May 5 the Land and Water Management Division (LWMD) of the DEQ held a public hearing on TechniSand's application for a permit to create a lake at the Nadeau Pit. The meeting was held at the Covert Township Hall at 2:00 PM. Given the time and day of the hearing, we had expected no more than 30 people to attend, but hoped for 50. We were elated that over 75 persons attended. In addition, we presented 20 letters from individuals who could not attend.
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LWMD representatives were very surprised by the turn out. They and TechniSand heard very strong public sentiments expressed against sand dune mining and issuing the permit. Over 30 persons spoke in opposition to issuing the permit and half a dozen letters were read. The concerns voiced were wide ranging and covered such issues as:
Tony Canonie galvanized the audience by his questioning how the DEQ could have permitted the dredging activity to continue over the past four years and four months without a permit and are still continuing to do so.
No one could conceive of an activity being allowed to continue when a required permit has not been obtained. Imagine driving an automobile without a license for four years and then telling the traffic court judge that you were not in violation of the law since you had once had a driver's license.
A subsequent review of the prior dredging permit indicates that it was issued to Manley Brothers. TechniSand has never been issued one! The group applauded when someone suggested that TechniSand replace the sand that they had removed without a permit.
LWMD is receiving letters of comment regarding the permit application until May 20. Please send a letter to Land & Water Management Division, DEQ, P.O. Box 355, Plainwell, MI 49080 re: Permit Application 98-12-0018. Protest the creation of the lake and cite the potential dangers.
NEWS BRIEFS
THUNDER MTN. LAND SAVED
Armed with information provided by Preserve the Dunes the Thunder Mountain Association caused the DEQ to issue a cease and desist order to TechniSand before they began mining the Thunder Mountain land that abuts the Nadeau Pit. Georgia Boerma spearheaded the effort with legal assistance from Rodger Bittner.
The mine operator had already encroached on the buffer zone. Mining has come within 26 feet of this private property. Douglas Daniels of the DEQ has stated that a 100 foot buffer is required, though current law requires 200 feet. The DEQ has asked TechniSand to propose a method for reclaiming this buffer. Nothing less than restoration of the original topography of the buffer, replacement of the topsoil and replanting with native indigenous plant material to match adjacent areas will satisfy the Thunder Mountain Association. The slope of the mined face, which is now 1:1, will have to be reduced to 1:3 (1 foot vertical to 3 feet horizontal).
In a follow-up action, Eric Brown, Sr. notified the Van Buren Road Commission that it was unlawful to give permission to mine the right of way. Recently, the attorney for the Road Commission informed Eric that permission to mine any of the right of way has been rescinded!
Congratulations to all!
LEGISLATOR MEETING POSTPONED
Tentatively scheduled for May 8, the meeting of Preserve the Dunes with our four legislators, Russell Harding (Director of the DEQ) and representatives of TechniSand has been postponed for "several weeks." Senator Gast wants to wait until the DEQ completely resolves the Thunder Mountain encroachment issue.
At this meeting we will review our assertions of wholesale violations of the Sand Dune Mining statute by TechniSand, and the permit issued by the DEQ to mine a critical dune in Hagar. This will be our final attempt at a satisfactory resolution of the issues we have raised before taking legal action.
EXPANDED PRESS COVERAGE
In its February 22 issue the Herald-Palladium published an article entitled "Sand Dune Mining, Too Much Fuss?" The article generally supported TechniSand and the DEQ. In response to the article ten letters to the editor supporting Preserve the Dunes efforts were published over the following few weeks.
On April 21 the Michigan AP wire service carried a feature article on sand dune mining. All daily newspapers in the state received it. We know it was printed in the Detroit Free Press, Grand Rapids Press, Kalamazoo Gazette, the Ann Arbor paper and the Herald-Palladium. The Herald Palladium made significant edits to the story. They shortened it to one-third its original length, and deleted notice of the public hearing.
The article presented our concerns and issues to the readers, as well as the mine operators' response. The Chicago Tribune published a feature article about sand dune mining and our efforts on the front page of the Monday, May 11, issue.
The public hearing was covered in the Kalamazoo Gazette on May 6 and the South Haven Tribune on Thursday, May 14. The South Haven Tribune also gave very thorough coverage of Thunder Mountain Association's fight to protect its land from illegal sand mining by TechniSand.
ASSOCIATION MEETINGS
Preserve the Dunes will make a presentation to interested residents of Linden Hills on Sunday, May 24, at 11:00 AM. We will meet with Lake Michigan Beach Property Owner's Association at 2:00 PM that same day.
BUSSE PROPERTY
The Busse Property is just north of Covert Road on the Blue Star Highway. Mining was completed last year. Regrading and "reclamation" efforts began this spring. No top soil was spread as specified in the Progressive Cell Unit Mining and Reclamation Plan. The last cell was hydroseeded over six weeks ago. The revegetation is failing. An inspection on May 13 showed that there is only 10% germination.
LETTERS TO LWMD
Tom Fette, attorney for Preserve the Dunes, has written to the DEQ in response to the public hearing. He made three points of law:
1. "Since January 1, 1994 TechniSand has been operating in violation of Part 301 and the Department of Environmental Quality has unlawfully permitted such violations to continue."
2. "The department's public notice of hearing on TechniSand's Part 301 application was deceptive and misleading"
3. "Issues arising under the Sand Dune Mining Act contained in Part 637 must be considered in reviewing TechniSand's Part 301 application."
4. "If a permit is issued it must, at a minimum, require adherence to township zoning regulations."
Preserve the Dunes is writing a letter on the technical issues and conditions that are required to ensure protection of the environment and adjacent properties should the DEQ issue a permit. Our consulting hydrologist is also sending in comments.
Every Preserve the Dunes supporter is encouraged to write as well.
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