NEW SAND MINING PERMIT
In December TechniSand made application for a new sand dune mining permit in Covert Township. The site is located near the intersection of 38th Avenue and 78th Street. It is across 38th from the cemetery and backs up to the mine known as the Garlanger Property. The site is outside the area regulated by the state's Sand Dune Mining Law. Only a Township permit was required. The Zoning Ordinance allows mining in this area. At issue was compliance with the zoning requirements.
At the public hearing a number of Preserve the Dunes members were present. They expressed concerns that this mining was not in the best interest of the Township:
In return the sand mining company provides no jobs to Covert citizens and pays very little in property taxes (just over $8,000 on 19 parcels in 1997).
In addition, there were contradictions in the permit application. TechniSand stated that they would mine 30 acres, but the permitted site was to be 41 acres. Reclamation would be completed in phases, but they would start reclamation when mining was complete. 100,000 tons of sand would be mined, but the topographic maps indicated 650,000 tons will be removed.
When the Planning Commission reviewed the application at its December 14, 1998 meeting, it was decided that the terms of the permit should be specified in detail. A number of conditions have now been formally incorporated into the permit. They include:
PTD is pleased that the Planning Commission placed specific limitations on the operation of this mine that protect the Township and its citizens.
DREDGING AT NADEAU PIT COVERT
As had been reported earlier, TechniSand has been dredging to remove sand and, as a by-product, creating a lake at the Nadeau Pit. They have done so without a permit for over 5 years. The last permit to dredge, which had been issued to the previous owners of the mine, expired in December 1993. Last year after this violation was reported by PTD to the Department of Environmental Quality (DEQ), TechniSand applied to the Land and Water Management Division (LWMD) for a permit to dredge.
A public hearing was held in May of 1998. On the basis of public concerns expressed at the hearing, the LWMD required a hydrological study of the subsurface water to determine how dredging a lake would effect Rogers Creek and nearby private wells.
TechniSand's consultants filed several interim reports. We had HEC review each one and each was flawed. The final report was reviewed by HEC and by the LWMD's hydrologist. The closer the dredge lake is to Rogers Creek, the lower its water level will be. As a result less and less ground water will flow to and feed the Creek. Already this flow has been reduced by one-third because the water level has dropped seven feet due to dredging. The water temperature will also be affected because the time required for the water to flow through the sand to the creek will be shortened. This could have a deleterious effect on the trout habitat.
Concerns regarding private wells continue. We have been told that the lowered water level should not effect wells further away than 500 feet from the dredge lake or north of Rogers Creek. Closer wells would be affected by the lowering of the aquifer.
In the end LWMD is going to issue a permit to dredge. However, they will require monitoring of water levels to continue and will prohibit dredging closer than 500 feet to the creek, unless TechniSand's consultants can furnish proof that the creek will not be affected.
Independently we have requested Douglas Daniels of the Geological Survey Division to enforce the limits of mining on the northern edge of the mine and to require measures to stop wind erosion of sand from the mine into the creek.
CONTINUED COMMUNICATIONS WITH DEQ
Despite the failure of the DEQ to respond satisfactorily to our reports of wholesale violations at the Nadeau Pit, we continue to keep them informed of our observations. In February, we forewarned the DEQ of an upcoming problem instead of notifying them of violations after the fact, as we have done in the past.
We wrote to Russell Harding, DEQ Director, to inform him that the operator planned to activate another Cell Unit this spring. This would exceed the three active cells allowed. One of these cells was hydroseeded in mid-December, but previous experience with hydroseeding in wind swept, un-irrigated, sandy soils by TechniSand have yielded poor results - falling far short of the vegetation required for a Cell Unit to be placed in Interim Status (and allowing another Cell Unit to be mined).
We also requested that the DEQ direct TechniSand to plant trees in a Cell Unit that had been released from bonding requirements several years ago but has only had grass planted in it. The Progressive Cell Unit Mining and Reclamation Plan specifies dense plantings of trees.
In March, we again wrote to Mr. Harding, to inform him that TechniSand had surreptitiously revised the plan of Cell Units. These unilateral revisions were used to stake the corners of the Cell Units on the site prior to a DEQ inspection made in response to PTD's findings of violations. As we suspected the corners were in new locations that minimized the violations.
In one major revision, TechniSand increased the Plant Site from 19 to 29.7 acres. The Plant Site is primarily bare sand. It does not have to be reclaimed until after mining is complete. No conformance bond for reclamation is required. We asked Mr. Harding to have TechniSand take immediate action to reclaim the 10.7 acres that should have already been reclaimed and to require TechniSand to cease operations until the mine complies with the law and the permit.
STATUS OF LAWSUIT NADEAU SITE, HAGAR
Tom Fette, our attorney, has filed a motion for summary disposition of our suit against the MDEQ and TechniSand. We are claiming under the Michigan Environmental Protection Act that the mining of the Critical Dunes at the Nadeau Site in Hagar Township would destroy a natural resource; and that the 1989 amendments to the Sand Dune Mining Act prohibit mining of Critical Dunes with only two exceptions - neither of which applies in this case.
TechniSand claims to have the right under these exceptions to expand a mine into Critical Dunes from a noncritical dune area because they owned the land before 1989 and had a valid permit to mine in the noncritical dune area. The facts are that TechniSand did not exist prior to 1991 and did not buy the land until then.
We assert that the law does not permit expansion to critical from noncritical dunes under any circumstances. Furthermore, we maintain that even if the previous owner of the land qualified for an exception to the prohibition against mining a critical dune area, the exception ceased to exist when the mine was sold. We hope for an April hearing on this motion.
INTERIM UPDATES: http://www.daac.com/sosdunes/
Preserve the Dunes has received several grants to pursue these legal actions - one from the Pritzker Foundation of Chicago, IL for $50,000 and two from the Brickman Foundation of Huntingdon, PA for a total of $57,500. We are extremely grateful to these foundations for the encouragement and financial support they have provided. Funds are also needed to document sand dune mining and enforcement practices at other mines, to familiarize the public at large with the ongoing destruction of the dunes, and to create an awareness among our elected officials that citizens support preserving the dunes - an unique, fragile, and irreplaceable natural resource.
Nearly eight acres of land on the Blue Star Highway in Covert have been donated by Don & Georgia Boerma, and Rodger & Barbara Bittner to the Southwest Michigan Land Conservancy. The gift will permanently protect a portion of this scenic drive which is enjoyed by local residents and tourist alike. We hope that this gift will encourage others to donate land for protection. For more information contact Renee Kivikko at the Conservancy: 8135 Cox's Drive #106, Portage, MI 49002, (616)324-1600.
Board Members elected last October are Hugh Anderson, Treasurer; Georgia Boerma, Vice Pres.; Steve Brickman; Eric Brown, Sr.; Charles Davis, President; Marshall Eisenberg; Hub Erickson; Herman Hoeksema; Butch Kelley; Don Moore; Dr. Frank Newman; Nancy Owen; Susan Pritzker; Marilyn Rendell; Bob Shaffner; Mary Stephenson, Secretary; Gerry Thomas.
Join with us in fighting to preserve the sand dunes of southwest Michigan. Complete the form on the opposite side and return it. If you can, please make a contribution.
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Several mines in Covert Township, owned by TechniSand.
TechniSand sand mining sites in Covert Township. (Busse Property, Cemetery Site, and Garlanger Property).
According to the Covert Township Zoning Ordinance, when mining is complete, the site must "present as nearly as possible, except for contour, its natural state before the sand removal was begun." So far we have some grass and a lot of bare sand. Where are the trees the oaks, the beeches, the maples, the hemlock, the white pine? And where are the ferns, the shrubs, the wild flowers, the mosses?
