NEWS BRIEFS
BOARD OF DIRECTORS ELECTED
At the November 8, meeting Preserve the Dunes elected 12 board members. They are
Officers of the Board are Charles Davis President, Georgia Boerma Vice President, Don Moore Treasurer, and Mary Stephenson Secretary.
ENGINEERING STUDY COMPLETED
The Board authorized retaining an engineering firm (Harrington Engineering & Construction, Inc. of Chesterton, IN) to prepare an assessment of permits, zoning ordinances, Michigan Department of Environmental Quality requirements and existing conditions, and to identify alternative courses of action. The report has been completed. The technical report is summarized in this newsletter.
HAGAR TOWNSHIP
Last May, the Township Board voted unanimously to stand by its mineral removal ordinance. They instructed the Attorney to inform TechniSand that there was no need to continue informal talks about mining the Nadeau Site-Taube Road Extension but that they had the right to make formal application for a permit, if they wanted to do so. Since then, the Township has not heard from TechniSand.
COVERT SUPERVISOR MEETING
In early December, several board members with residences in Covert Township met with Jerry Sarno, Covert Township Supervisor. He informed us of his opposition to bringing sand in from Hagar for processing at the Nadeau Pit (on the Blue Star Highway in Covert) as proposed in TechniSand's permit application that was approved by the Michigan Department of Environmental Quality (M/DEQ). He had instructed the Township Attorney to inform TechniSand that to do so was in violation of the Covert Township Zoning Ordinance. He also promised to place limits on the hours of operation if early morning noise continues to disturb residents.
WEB SITE OPENED
A web site for Preserve the Dunes has been open-ed. Its address is http://www.daac.com/sosdunes. We will be posting news, scheduled meetings, public hearings, photographs, etc. on the web site. For those with access to the web, it offers the opportunity to review source documents and photographs, and keep up to date on Preserve the Dune events and activities.
LETTERS TO M/DEQ
As our first step to ensure that regulations and laws are followed we have written to the Supervisor of the Plainwell District for the Geological Survey Division of the M/DEQ and to Permit Consolidation, Land and Water Management Division of the M/DEQ. The letters describe known and suspected violations at the Nadeau Pit and the Busse Property (just north of Covert Road). The letters asks that TechniSand's permits for the Nadeau Pit and Nadeau Site be revoked.
Copies have been sent to our legislators, Hagar and Covert Township Supervisors and Clerks, and higher up officials in the M/DEQ. Text of the letters should be posted at the web soon.
OWNERSHIP OF TECHNISAND
While TechniSand, Inc. often uses its Bridgman address and some think of it as a local Michigan company, it is not. It is Delaware Corporation, headquartered in Chardon, Ohio, near Cleveland. Its principal place of business is in Wedron, IL. It is owned and controlled by Fairmount Minerals, Ltd., a privately held corporation with thirteen locations in ten states. Fair-mount appears to be a large, foreign, multinational mining company and supplier of minerals and abrasives related products.
Aerial Photograph with Cell Unit Boundaries overlaid. Photo by Ames Multi-Image
ENGINEERING REPORT
The engineering assessment identified a number of apparent permit violations on the part of Techni-Sand, the sand mining company.
The most serious is the excessive extent of mining activity. As we described in the first newsletter, only 3 cells may be "active" at one time. Three more may be in "interim status." All other cells must be reclaimed or inactive. An inactive cell cannot have plants, trees or topsoil removed and the mine operator must confine vehicles and equipment fundamental to the mining operation to active cells. Based on the aerial photograph shown here overlaid with the cell unit boundaries, the report indicates that at least six cells are active, but probably nine. (Our site visit indicates that 10 of the 11 cells should be considered active.)
Another very serious violation is that the small amount of reclamation that has been completed does not comply with what the company committed to do in its Progressive Cell Unit Mining and Reclamation Plan. Even if they eventually comply, as much as 15 years of growth have been lost.
Numerous other violations include the failure to stockpile top soil, site fencing that does not comply with requirements, and setbacks that are less than described in the original permit application.
With regard to the Taube Road Extension the report points out that application to mine the Taube Road Extension in Hagar Township was made under the 1994 Sand Dune Mining Statute. The statute allows mining in a Critical Dune Area only if (a)the operator had been mining the site prior to July 1989 or (b)the operator had been mining or permitted to mine an adjacent property in a Critical Dune Area and prior to July 1989 owned the property for which the amended permit is being sought. The law prohibits new mining operations in Critical Dune Areas. The Taube Road Extension includes land in a Critical Dune Area. The Nadeau Site is not in a Critical Dune Area. Therefore the Extension is a new mining operation in a Critical Dune Area. The statute does not allow an operator to come from an area outside the Critical Dune Area and by amendment begin mining in a Critical Dune Area.
The full report is posted at the web site.
Dredging Operation between Cell 3 and 6. Photo by Ames Multi-Image
Strip Mining between Cells 7 and 9. Photo by Ames Multi-Image
FUND RAISING RESULTS
Almost 250 individuals responded to the first newsletter. We need to hear from even more of you - so we can say to our elected officials and government employees that Preserve the Dunes represents 1,000 or more citizens and property owners who want to preserve the sand dunes of southwest Michigan.
Contributions and pledges have totaled $16,827.43 through December 13. They have varied in amount from $5.00 to $5,000. So far, funds have only been spent for printing, postage, reproductions, engineering consulting services, and aerial photography.
A tremendous amount of volunteer time has gone into assembling information on taxes, land ownership, and mining permits; photography; writing, preparing and mailing the newsletter; setting up the corporation and writing bylaws; creating the web site; coordinating with other environmental groups; and so forth. The value of donated time has probably exceeded the cash contributions. Thank you, volunteers!
Now, we are moving into a phase where we may require significant representation by legal counsel. This will increase the need for funds. So if you can help or can help again, please do so.
HELP!
Please register at the guest book if you support the goals of Preserve the Dunes. Only your name and address are necessary. We need to be able to tell elected officials and government employees how many persons are on record supporting these efforts. This measure of support is critical to successfully protecting the dunes and restricting sand dune mining.
