As reported in the last newsletter Preserve the Dunes filed a complaint in early July against the Department of Environmental Quality and TechniSand seeking to have the permit to mine the Nadeau Site in Hagar Township rescinded and to prevent any mining of the critical dunes within the expanded area of the mine. The complaint is based on the Michigan Environmental Protection Act (MEPA) and can be read at the web site: http://www.daac.com/sosdunes/
The DEQ and TechniSand are making various attempts to delay the process and increase our cost to pursue the case. They have maintained that the MEPA is not the appropriate means for handling our complaint. They assert that PTD should have filed for an administrative review, which should have been done within 21 days of the date when the MDEQ issued the permit (November 1996). On this basis they are requesting that the judge dismiss our complaint. The hearing on their motion will be on October 26, 1998 at 10:00 AM on the second floor of Berrien County Courthouse.
In the meantime, TechniSand requested that discovery be delayed until after the hearing on their motion to dismiss. However, on September 14, the judge ruled in our favor and stated that discovery should proceed and TechniSand had to respond by September 25. They have since done so and have filed their own discovery requests, to which PTD is responding.
PTD's attorney, Tom Fette, will be filing a brief opposing the DEQ's and TechniSand's motions to dismiss. After it is filed we will publish it on the web site.
In addition to delaying the process, these tactics by TechniSand and the DEQ are resulting in expanding legal services and escalating fees.
COVERT TOWNSHIP ZONING
The Covert Township Planning Commission has scheduled two public hearings.
The first hearing will address proposed changes in the shoreline setbacks for buildings along Lake Michigan. The proposal is to require setbacks that coincide with the DEQ requirements. This public hearing will be held 7:00 PM Thursday, October 22 at the Township Hall.
The second hearing is to rezone a parcel owned by the township from Agricultural to Industrial. It is the former Austin sand mining site at the north end of 77th Street and just east of I-196 as shown in the map on this page. US Gen is proposing to build and operate a gas fired power generating plant on the site. It will produce 1,000 megawatts of power. The Palisades Nuclear Plant produces only 780 megawatts and is scheduled for shutdown in 2011.
This site provides access to the power lines from the Palisades power plant, access to water from Lake Michigan for cooling and access to a nearby major natural gas line. The hearing is scheduled for 7:00 PM Monday, November 9 at the Covert School on M-140. Prior to the hearing, a public workshop is planned for 7:00 PM Wednesday, October 21, at the School.
These hearings are important to Covert Township residents. If you have any questions about them, call the Township Hall, Monday through Friday, 8:30-4:00, (616)764-8986.
CORRESPONDENCE WITH THE DEQ
In August, we received from Russell Harding, Director of the DEQ, the promised detailed reply to our assertions that there are numerous violations at the Nadeau Pit. In the transmittal letter Mr. Harding stated "We hope our responses have adequately addressed all your questions and concerns regarding the sand mining operations being conducted at the site." We were pleased that the DEQ did admit that a number of violations identified by PTD last December and which the DEQ originally denied, had in fact existed but were now corrected. The DEQ continued to deny that many other violations that we documented were violations.
PTD responded promptly to Mr. Harding's letter and the detailed DEQ reply. This response described the lack of responsiveness of the DEQ to our detailed findings. It documented in detail our communications with the DEQ identifying violations and failures by the DEQ to enforce the law.
In his reply the following month, Mr. Harding stated "Upon thorough review of your recent and previous letters, we find there are irresolvable differences of opinion between Preserve the Dunes, Inc. and the DEQ. . . Therefore, this letter is the last response you will receive from us, unless additional substantive issues are brought forth which have not been previously addressed."
But don't worry. We will continue to keep the DEQ and our elected officials apprised of the violations that the DEQ allows to continue. We will intensify our efforts to get the press to publicize the facts about the Nadeau Pit.
DREDGING AT NADEAU PIT WITHOUT PERMIT
Dredging has continued without a permit at the Nadeau Pit. The consultants for TechniSand are preparing an environmental impact study that will include a detailed hydrogeological study. The latter will determine what impacts, if any, dredging will have on nearby wells and Rogers Creek. Our consulting engineers have provided a review of the study plan to the Land and Water Management Division (LWMD) of the DEQ which is responsible for reviewing the application and issuing the permit to dredge.
PRESS COVERAGE
Since the last newsletter, Fox 28 TV in South Bend, IN interviewed Gerry Thomas and Herm Hoeksema about the sand mining in Covert Township. The South Bend Tribune did an overview article about our efforts to protect the dunes. They are following the progress of our suit and covering the hearings.
PRESS CLIPPINGS
Earlier this month, the Associated Press reported that the Michigan Land Use Institute stated that Michigan "has forfeited the status it once held as a national leader in protecting natural resources."
The Kalamazoo Gazette reported that PEER (Public Employees for Environmental Responsibility) released a report prepared by LWMD employees stating that they "are pressured to process permits to build in wetlands and so have little time to concentrate on enforcement."
8th ANNUAL BEECH SWEEP
September 19th was the yearly Lake Michigan Beach Sweep, organized by the Lake Michigan Federation. Residents of Covert and Hagar Townships who organized their neighbors to collect, document and dispose of non-organic material on the beach were Don Moore and Hugh Anderson (Forest Dunes), Don Boerma (Thunder Mountain) and Don Oderkirk (Hagar Shores).
If you would like to help in this effort next year, please contact Jean Smart, 1516 Nelson Rd., St. Joseph, MI 49085, (616)429-5241.
INTERIM UPDATES: http://www.daac.com/sosdunes/
RESPONSES
Over 500 individuals have responded to the first five 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 an ever larger number of concerned citizens and property owners who want to preserve the sand dunes of southwest Michigan.
FUND RAISING
We received an encouraging and inspiring letter recently and thought we should share it with you.
Dear Sirs and Ladies,
I read about your thoughtful activities in the July 21 local Sentinel and so I hasten to send the enclosure which I feel sure will come in handy, modest though it be.
I'm a 91 year old resident here at Freedom Village - six years now, now a widower. My daughter lives in Grand Rapids. She usually drives over Saturday or Sunday so we can see the Big Water and surrounding dunes.
That selfish interests have the gall to tamper with and despoil our dunes is an iniquity of the first order. So do sock it to them - hard!
Best wishes.
Sincerely,
(Name withheld by request.)
His enclosure was a generous check and certainly welcome. We are in a phase that requires significant legal services. This has increased the need for funds. Please match or exceed your donation of last year. If you have not yet contributed, please do so. Our needs are urgent. The cause is just.
RECLAMATION OF THUNDER MOUNTAIN HEIGHTS. LAND (9/4/98)
Following up on the incursion into the
buffer adjacent to the Thunder Mountain property: It has been regraded to
a 1:3 slope. Provisions for irrigation are being made. We assume that replanting
will be made this fall. The aerial view above shows the effected area after
regrading. (The photograph was provided by Ames Multi-Image of St. Joseph.)VOLUNTEERS
PTD continues to depend on the time and efforts of volunteers. We have no paid staff. The work that is done is the result of numerous volunteers working together to save the dunes. Thank you all for your support!
SPECIAL MEETING OF PTD MEMBERS
Don't forget the special meeting of Preserve the Dunes scheduled for 2:00 PM EST at the Sarrett Nature Center, 2300 N. Benton Road, Benton Harbor, MI.
Chuck Nelson will give a brief presentation about the formation and significance of the sand dunes of Southwest Michigan. The members will consider and vote on a proposal to change the Corporation's method of organization from a Membership corporation to a Directorship corporation.
Members may only vote in person at the special meeting.
