“Here is your country. Cherish these natural wonders, cherish the natural resources, cherish the history and romance as a sacred heritage, for your children and your children’s children. Do not let selfish men, or greedy interests, skin your country of its beauty, its riches or its romance.”
Theodore Roosevelt

Saturday, January 25, 2014

LSP’s draft comments to the EQB’s Tools to Assist Local Governments in Planning for and Regulating Silica Sand Project

On Saturday, January 25, 2014 1:02 PM, Bobby King <bking@landstewardshipproject.org> wrote:

All-
Below are LSP’s draft comments to the EQB’s Tools to Assist Local Governments in Planning for and Regulating Silica Sand Projects. Comments are due in by Monday.  I wasn’t able to get an action alert out on this due to all the activity around the Citizens’ Frac Sand Summit.  Feel free to borrow from this in sending in your own comments.  Also, give me any feedback you have, apart from comments on spelling, punctuation, grammar etc.  It will get a thorough edit for that on Monday.
Overall, the more time I spend with this EQB guidance document the more disappointing I find it. Unless the final document is much improved and includes how to severely limit and ban the industry and the DNR setback recommendations, I think it is a failure, and we will be best served by labeling it as such.
Bobby


DRAFT – To be finalized and sent in on Monday, Jan. 27.

RE:  LSP Comments on draft EQB document “Tools to Assist Local Governments in Planning for and Regulating Silica Sand Projects.

Dear Mr. Seuffert,

Land Stewardship Project believes these items need be included in the final guidance document for local governments in dealing with the frac sand industry:
1. The guide should include the ability of local government to adopt a moratorium (interim ordinance) to protect the planning process while comprehensive plans and zoning ordinance are being created or updated. Use of the moratorium power needs to be encouraged. The Land Stewardship Project has a manual for townships on how to adopt an interim ordinance and it should be included as a reference: “Protecting your Township from Unwanted Development: A guide for Minnesota townships on using an interim ordinance to promote responsible development.”
2. There is no clear explanation of the ability of local government to ban the frac sand industry in portions or all of the municipality if they conclude it is an incompatible use.  A section of the document needs to be devoted to this issue. Banning incompatible uses in specific zoning districts is common and should be done with the frac sand industry. The EQB should recommend that frac sand mines, processing plants, and loading and transfer facilities be prohibited from areas zoned for residential use and agricultural use and possibly others. Some municipalities have determined that the frac sand industry is incompatible all together and chosen to ban it completely.  As long as the local government concludes that the nature of the industry is incompatible with the vision of the community as outlined in the comprehensive plan than this is clearly within their power. Frac sand mining can be distinguished from other types of mining through several means including intensity of the activity (blasting, truck traffic, daily operation etc.) and the production of industrial silica. The frac sand industry argument that it cannot be distinguished from the many existing gravel and aggregate mines is a ruse designed to confuse local decision makers and planners and this guide needs to clarify this issue.
3. The title of this document, “Tools to Assist Local Governments in Planning for and Regulating Silica Sand Project.” suggests that local governments will necessarily be allowing the frac sand industry to operate in their community and their only role will be to put limits on where and how.  This is not the case. Some communities have chosen to ban elements of frac sand mining like processing and other have banned the industry all together.  We would propose the title: “Tools to Assist Local Government in Responding to Silica Sand Projects.”
4. The document needs to include the many violations of state and local laws in both Minnesota and Wisconsin that the frac sand industry is responsible for. Many of the violations in Wisconsin were committed by Minnesota based companies that will likely seek to expand in Minnesota.  In developing local regulations, local decision makers and citizens need to be made fully aware that this is an industry that has a track record of disregarding state and local laws.
5. The document needs to include as guidance the restrictions which the DNR has very publicly made clear are necessary to protect trout streams.   These are:
1.       Ban on mining within one mile of all
·      Designated trout streams (“DTS”),
·      Class 2A waters (trout streams not yet designated as such by DNR),
·      Perennial tributaries of DTS and Class 2A,
·      Springs,especially those feeding designate trout streams and tributaries.
2.       Prohibiting mining within 25 feet of the water table
3.       Capping groundwater use at 1 million gallons per year for mining and/or processing
If the EQB cannot restate what the DNR has clearly stated is necessary on several public occasions and on the public record, then it calls into question the integrity of this entire effort.
6. In the reference section the only link to a local ordinances is to the Winona County ordinance. This is puzzling at the Winona ordinance is among the least protective of any county ordinance.  This shows a lack of familiarity with the many local ordinances that have been passed and the online resources they have created.  Among others, there needs to be a link to these resources:
·         The city of Red Wing has a well-developed ordinance and detailed background information on the issue here: Red Wing Silica Sand Mining Moratorium
·         The Goodhue County ordinances and background information are compiled here: http://www.co.goodhue.mn.us/countygovernment/committees/MiningCommittee/Miningcomm.aspx
·         Florence Township has a comprehensive plan and zoning ordinance that bans the frac sand industry from their township.  They have an excellent website with information on how they did this.  Their website and ordinance need to be referenced for communities seeking to ban the industry. http://www.florencetwp.org/
·         Pepin County. Wisconsin, has a page on the issue Frac Sand Mining in Pepin County that has much useful information.  In addition, Pepin County’s approach to the issue of a protective overlay district and aggressive road use agreements needs to be covered thoroughly in this document.  
·         Save the Bluffs has compiled many of the studies and the literature available on the subject and it should be included as a reference: https://sites.google.com/site/savethebluffs/
7.  The document urges caution on using setbacks and yet provides no model setbacks.  The tone of the setback section should be revised and model setbacks to protect air quality, property values, water quality etc. should be provided. In addition this section states, “If restrictions or prohibitions on silica sand projects are what are desired by the LGU for local reasons, other methods such as zoning or ordinance development can more effectively meet their objective.”  However, the document fails to give guidance on how to best do this.
We appreciate the extension of the comment period, but even this extended time is not adequate for the public to have time to review a complicated 165 page document and prepare a response. Much of the validity of this document will depend on the pubic having confidence in it.  LSP would like to see a process that allows for comment on an updated draft before it is finalized. This will allow for further public participation.
Sincerely,
Bobby King

Tuesday, January 21, 2014

We need quick response to gather thousands of signatures on this petition


  We need quick response to gather thousands of signatures on this petition (you can find it in right hand upper corner of  landstewardshipproject.org/organizingforchange/fracsandorganizing)

Please sign and forward to any Minnesota resident you know who might sign (and continue to forward for more signatures).

Rochester Post-Bulletin coverage of Jan 18th Frac Sand Summit in Winona

"WINONA — When it comes to exposure to silica sand, the tiniest particles are the biggest threat to human health, two experts said Saturday during the Silica Sand Summit in Winona.
Professors from the University of Wisconsin — Eau Claire and West Virginia University said that while silica sand is helping the country become more energy independent, it's also a threat to the health of people working with it and living near it."


Monday, January 20, 2014

We need to forward this to any Wisconsin residents

Dear Friends and Neighbors,

  We need to forward this to any Wisconsin residents we know to generate energy on these regional issues:
  
 Paragraph 2. Sign resolution to stop FSM.
  Paragraph 3. Sign petition to retain local governmental control.

We can join the effort by connecting with our Wisconsin neighbors who can add their names.

Wishing you well,

Bonita

On Monday, January 20, 2014 2:24 PM, Patricia J. Popple <sunnyday5@charter.net> wrote:

FOR IMMEDIATE RELEASE

Citizens Groups to Lawmakers: Stop Frac Sand Mining and SB 349

MADISON--A resolution calling for a ban on frac sand mining and a halt to attacks on local democracy has been sent to Governor Scott Walker, members of the Wisconsin Legislature, and State and Federal environmental regulators.

The resolution (PDF available here) was created by the Wisconsin Network for Peace and Justice's Environmental Working Group and has been endorsed by more than 75 civic and environmental organizations, including 49 Wisconsin groups and 29 groups from seven other states where Wisconsin sand is used for hydraulic fracturing.

An additional online petition with the same language currently has 165 individual signers.

It calls for the rejection of SB 349, a bill introduced last fall that would outlaw local ordinances regulating frac sand mining, local air and water quality, or blasting. The bill impacts communities facing water contamination from factory farms and potential iron mining in addition to frac sand areas. Although the legislation raised an outcry from democracy advocates, it is likely to be reintroduced in the new session.

The number of frac sand mines in the state has more than doubled in the past two years, to over 140 facilities in operation or planned, according to data from the Wisconsin Center for Investigative Journalism. The industry has been exempted from environmental impact studies, despite numerous complaints from nearby residents of 24-hour noise, heavy truck and train traffic, and cancer-causing silica dust.

The Center reported in March that 80 to 90 percent of frac sand sites receive letters of noncompliance from the Wisconsin Department of Natural Resources, and up to a fifth of active sites have been cited for environmental violations, but the DNR can't keep up with all of the industry's problems. The resolution asks Federal agencies to step in with tougher environmental enforcement, and ultimately seeks a statewide ban on frac sand mining.

"Since 2011, Legislative efforts have undermined Wisconsin’s democratic tradition and conservation heritage by weakening environmental protections, eroding the authority of the [DNR] to make science-based rules, preventing DNR enforcement staff from doing their jobs, and reducing public involvement in the iron mine permitting process," the resolution says.

"Wisconsin has historically used strong regulation to ensure that a clean environment is preserved for future generations because our well-informed citizens have stood up to demand it."

The resolution's endorsers are connected by struggles to protect the water, air, and small farming economy from frac sand mining in Wisconsin and hydraulic fracturing (or fracking) for natural gas in other states, for which the sand is used. The resolution cites methane leaks from fracking that contaminate local aquifers and contribute to global warming.

The resolution also goes beyond local agitation to demand broader solutions to the underlying driver of the industry, U.S. dependence on fossil fuels. It calls for improvements to the state's Focus on Energy program and a shift in national priorities to "energy efficiency and the development of local, clean, renewable energy sources."

The Wisconsin Network for Peace and Justice is awaiting a response to the resolution from state lawmakers and regulators. The resolution and more information are available online at www.wnpj.org/fracsand.

--------------------------------------------------------------------

WHAT: Resolution Opposing Frac Sand Mining Industry and Environmental Degradation (attached)

WHO: Sponsored by the Wisconsin Network for Peace and Justice (WNPJ); endorsed by 78 civic and environmental organizations (49 in-state, 29 out-of-state)

CONTACT: Carl Sack, WNPJ Staff, carl@wnpj.org(608) 250-9240; Pat Popple, Frac Sand Activist, sunnyday5@charter.net

Thursday, January 16, 2014

Walz Calls for Hearing on Rail Safety

Mission Accomplished
Walz Calls for Hearing on Rail Safety
Walz staff met with concerned citizens in La Crescent earlier this week
Washington, DC [1/15/14] – Today, Representative Tim Walz (D-MN), a member of the Transportation and Infrastructure Subcommittee on Railroads, Pipelines and Hazardous Materials, joined his colleagues in sending a letter to Subcommittee Chairman Jeff Denham (R-CA) requesting a hearing be held to examine rail safety. Representative Walz’s staff met with concerned citizens in La Crescent earlier this week about the issue and agreed with the Congressman that a hearing is necessary.

“We must do everything we can to protect the communities that these hazardous materials are shipped through,” Representative Walz said.“That is why I’m calling on my friend from California, Chairman Denham, to hold a hearing to examine this issue and find out what can be done to increase rail safety. It’s a miracle that no one was injured after the accident in Casselton. If nothing is done, next time we may not be so lucky.”

Wednesday, January 15, 2014

Letter to Chairman Subcommittee on Railroads

   January 15, 2014
 
 
The Honorable Jeff Denham
Chairman
Subcommittee on Railroads, Pipelines and Hazardous Materials
U.S. House of Representatives
Washington, DC  20515
 
Dear Chairman Denham:
 
        As Democratic Members of the Subcommittee, we write to respectfully request a hearing on rail safety.  Over the last several months, there have been several deadly train incidents which warrant this Subcommittee’s immediate attention.  In fact, several Democratic Members of the Transportation and Infrastructure Committee have written letters dating back to August 2013 requesting a hearing on rail safety, yet a review of Committee activities shows that we have not held one rail safety hearing this Congress.  At the same time, the Committee has failed to reauthorize the Rail Safety Improvement Act of 2008 (Public Law 110-432, Division A), which authorizes funding for the nation’s rail safety program, including the Federal railroad safety inspections and investigations program.  That expired at the end of Fiscal Year 2013.
 
        When this Committee crafted the Rail Safety Improvement Act of 2008, a number of deadly train collisions involving passengers and, separately, poison-by-inhalation hazardous materials had occurred.  Those incidents as well as other safety concerns led to the inclusion of several provisions in the Act, and while the Federal Railroad Administration’s (FRA) data shows that the overall number of train accidents has declined since enactment of the Act, several serious incidents warranting our Subcommittee’s review have occurred.  These include:
 
  • A December 30, 2013, incident in Casselton, North Dakota, where a BNSF train hauling grain derailed and blocked a neighboring track.  A crude oil train traveling in the opposite direction struck the derailed cars, causing massive explosions and a significant post-crash fire.  The incident prompted the Pipeline and Hazardous Material Safety Administration (PHMSA) to issue a safety warning that crude from North Dakota’s Bakken Shale “may be more flammable” than other oil types.  On the same day, a Union Pacific train struck a BNSF train in Keithville, Louisiana, which according to FRA was likely due to an improperly lined switch. 
  • A December 1, 2013, derailment in Spuyten Duyvil, Bronx, New York, involving a Metro-North passenger train.  Four passengers were killed and another 63 injured, making it the deadliest train accident within New York City since 1991. 
  • A November 30, 2013, derailment in Bayard, New Mexico, involving a Southwestern Railroad runaway freight train.  The locomotive and six cars derailed, resulting in the rupture of the locomotive fuel tank and three fatalities. 
  • A July 18, 2013, derailment in Spuyten Duyvil, Bronx, New York, involving a CSX freight train traveling on Metro-North’s system.  Ten of the train’s cars derailed and blocked tracks on Metro-North’s Hudson line. 
  • A July 6, 2013, derailment in Lac-Megantic, Quebec, just a few miles from the Maine border, involving a runaway train carrying crude oil.  The train was operated by U.S.-based Montreal, Maine & Atlantic Railway.  Subsequent explosions and fires resulted in the death of nearly 50 lives, annihilated a significant portion of the town, and caused extensive environmental damage. 
  • A May 28, 2013, incident in West Haven, Connecticut, involving a Metro-North passenger train that struck and killed a Metro-North maintenance-of-way employee who was part of a roadway work group conducting a railroad maintenance and construction project.  According to the National Transportation Safety Board’s (NTSB) preliminary investigation, the roadway work group had established exclusive track occupancy work limits on a controlled main track in order to conduct their work.  A separate railroad grade crossing incident and explosion near Baltimore, Maryland, occurred just one day later. 
  • A May 17, 2013, derailment in Bridgeport, Connecticut, of an eastbound Metro-North passenger train.  About 20 seconds after the derailment, a westbound Metro-North passenger train on the adjacent track struck the derailed train.  As a result of the incident, over 50 people were transported to hospitals, and several million dollars in property damage occurred.  According to the NTSB, broken compromise joint bars were found at the accident scene. 
  • A November 30, 2012, incident involving a Conrail freight train that derailed seven tank cars traveling over a moveable bridge spanning Mantua Creek in Paulsboro, New Jersey.  Four tank cars, three containing vinyl chloride and one containing ethanol, came to rest in Mantua Creek.  One of the derailed tank cars was breached and released approximately 20,000 gallons of vinyl chloride into the creek and surrounding area. 
        Again, we urge the Subcommittee to hold a hearing immediately on rail safety.  We believe the hearing should, at a minimum, include representatives from the NTSB, FRA, PHMSA, the rail industry, and rail labor.  Thank you in advance for consideration of this request.

 

Monday, January 13, 2014

Tomorrow! Land Stewardship Project Citizens' Frac Sand Summit

On Saturday, January 11, 2014 2:28 PM, Bobby King (LSP) <bking@landstewardshipproject.org> wrote:

Tomorrow!!

Land Stewardship Project Citizens' Frac Sand Summit  

Sat., Jan. 18, at the Tau Center in Winona (directions below)
Registration begins at 9 a.m. Conference from 9:30 a.m. to 4:30 p.m.
Cost is $10 (pay at the door) & includes a lunch of local foods

Traveling from the Twin Cities area and want to car pool? Contact LSP's Bobby King at bking@landstewardshipproject.org or 612-722-6377

At the Summit we will build our power to keep frac sand mining out of our region and to create vibrant sustainable communities. The Summit will bring citizens from around the region together to share strategy, learn from experts as well as each other and strengthen the movement to keep frac sand mining from destroying our communities.  
Topics and workshops include: Frac sand mining’s impact on farmland ("Farmland, not Frac Sand!"), frac sand mining’s role in extreme energy extraction, ensuring that state regulations put public health and well-being before corporate profits, understanding the threat to human health from exposure to silica dust, using township rights to control frac sand mining, and more.
 Featured speakers include:
  • John Linc Stine, Commissioner of the Minnesota Pollution Control Agency
  • Jennifer Krill, executive director of Earthworks. Earthworks focuses on protecting communities and the environment from the impacts of irresponsible mineral and energy development while seeking sustainable solutions.
  • Michael McCawley of the School of Public Health at West Virginia University. McCawley is a leading expert on ambient air quality monitoring and assessing risk to human health.
  • Crispin Pierce, director of the Environmental Public Health Program at the University of Wisconsin-Eau Claire. Pierce is conducting cutting-edge research on monitoring silica dust at frac sand facilities.
Volunteers needed at the summit. To sign up, contact LSP's Bobby King at bking@landstewardshipproject.org or 612-722-6377.
 Directions to Tau Center (Hilbert St, Winona): From Hwy 14/61 in Winona turn east onto Gilmore Avenue. Take a left onto Vila St. Take the second left onto 10th St. Take the next left onto Hilbert St. The Tau Center is on the right. A map is HERE.

Monday, January 6, 2014

Air Quality Research—Seeking Your Assistance

Air Quality Research—Seeking Your Assistance

Dr. Crispin Pierce, UW-EC, and his students are on the leading edge of a research project to study the potential impact of sand mining on the quality of the air we breathe. 
They need the help of every one of you!

Particulate matter including silica dust is released during mining/blasting/crushing/processing and transport processes used by the mining operations. When airborne silica dust in the form of small particulates and at dangerous levels is inhaled into the lungs, it causes diseases which take 10-20 years to develop. There is no cure. Silica dust is carcinogenic!

The most up to date equipment is needed to adequately test ambient air for silica dust. A research fund has been established. Your donations (in any amount) would be greatly appreciated. Donations are tax deductible.


AND WHAT CAN YOU DO NOW?

Donate immediately online @

Sunday, January 5, 2014

FRAC SAND SENTINEL #31 JANUARY 5, 2014

Aerial Fracking Photos

Help purchase a Remote Controlled Multicopter to photo Fracking & Sand Processing sites, documenting Spills & other Ecological Damage.                                 http://www.indiegogo.com/projects/aerial-fracking-photos

We need aerial pictures to expose the truth to governmental and other decision makers who seem not to be aware of the undesirable heavy industrial footprint being irrevocably created by the Gas/Oil/Mining Corporations. We are funding an aerial photo platform from which to take these pictures.  If you know of anyone who is mad enough at their local Mining or Hydraulic Fracking operation to help financially or by publicizing this effort, please let them know and ask them to contribute in any amount. http://igg.me/p/618034/x/400441

Landsmans Handbook: some of you have already encountered the strategies found in this handbook. What does the industry think about having their practices revealed?

Mon Dec 30, 2013 16:46 from Zero Hedge by Tyler Durden
CloseMark as read and hide
*NO INJURIES REPORTED FROM BNSF TRAIN FIRE IN NORTH DAKOTA
Wind is taking toxic smoke towards areas southeast of Casselton, ND, after train derailment. Residents urged to stay indoors
train has derailed west of Casselton, North Dakota just before 2:20 p.m. Monday. As Valley News Live reports, several area emergency teams are on scene and are setting up an incident command center. Emergency crews are urging people to stay inside and a code red alert has been sent out to residents in a two mile radius of the accident. The Casselton Fire Department says a Burlington Northern Santa Fe train is involved. An unknown number of cars derailed, but Valley News Live reports is told one bulk oil car is on fire and toxic black smoke is being released

Fiery Oil Train Crash in Raging Shale Oil Boom State of North Dakota 

CRUDE BY RAIL SAFE?

http://www.mycenturylink.com/news/read/category/Top%20News/article/ap-weather_shift_near_nd_derailment_worries-ap

 Warning issued about oil shipped from the Bakken oil shale patch
http://m.billingsgazette.com/news/state-and-regional/montana/warning-issued-about-oil-shipped-from-the-bakken-oil-shale/article_262d70e0-29f8-5a97-9a68-1d81f6427442.html?mobile_touch=true
 
Industry Related Site so BEWARE! Frac Sands Mines and Related Facilities

Researchers Find 7,300-Mile Ring of Mercury Around Alberta Tar Sands in Canada

Peter Moskowitz, News Report: Environment Canada researcher Jane Kirk recently presented the findings at a toxicology conference in Nashville, Tenn. The revelations add to growing concerns over the environmental impact of mining the tar sands. Many environmentalists charge that extracting oil from the sands will lead to an increase in carbon emissions, the destruction of the land, water contamination and health problems for Canadians. The debate over the tar sands crossed over into the U.S. when energy company TransCanada proposed building the Keystone XL pipeline to transport crude oil to the southeastern U.S. for refining and distribution.
READ  |  DISCUSS  |  SHARE

Land Stewardship Project Citizens' Frac Sand Summit  

Sat., Jan. 18, at the Tau Center in Winona (directions below)
Registration begins at 9 a.m. Conference from 9:30 a.m. to 4:30 p.m.
Cost is $10 (pay at the door) & includes a lunch of local foods
We will build our power to keep frac sand mining out of our region and to create vibrant sustainable communities. The summit will bring citizens from around the region together to share strategy, learn from experts as well as each other and strengthen the movement to keep frac sand mining from destroying our communities. Local government officials are welcome to attend and this is an opportunity for them to learn more about the negative impacts of the frac sand industry.
Topics and workshops include: Frac sand mining’s impact on farmland ("Farmland, not Frac Sand!"), frac sand mining’s role in extreme energy extraction, ensuring that state regulations put public health and well-being before corporate profits, understanding the threat to human health from exposure to silica dust, using township rights to control frac sand mining, and more.
 Featured speakers include:
  • John Linc Stine, Commissioner of the Minnesota Pollution Control Agency
  • Jennifer Krill, executive director of EarthWorks. EarthWorks focuses on protecting communities and the environment from the impacts of irresponsible mineral and energy development while seeking sustainable solutions.
  • Michael McCawley of the School of Public Health at West Virginia University. McCawley is a leading expert on ambient air quality monitoring and assessing risk to human health.
  • Crispin Pierce, director of the Environmental Public Health Program at the University of Wisconsin-Eau Claire. Pierce is conducting cutting-edge research on monitoring silica dust at frac sand facilities.
Volunteers needed. We need help with getting materials ready, processing RSVPs, working sign-in tables at the event, handing out programs and materials, and more. If you can volunteer e-mail LSP's Bobby King at bking@landstewardshipproject.org.
 Directions to Tau Center (Hilbert St, Winona): From Hwy 14/ 61 in Winona turn east onto Gillmore Avenue. Take a left onto Vila St. Take the second left onto 10th St. Take the next left onto Hillbert St. The Tau Center is on the right. A map is HERE.

A LETTER TO THE EDITOR BY DR. JOHN DROST:     Mines-DNR Partners?
In an article published by The Chippewa Herald (October 10, 2013), the DNR indicates that it is making a strong effort to be more business friendly.  Charlie Walker stated that this new approach helps attract industries to the state.  DNR water administrator Russ Rasmussen stated:  “Without a good, healthy economy we can’t protect our water, either.”  In DNR’s new lead on frac sand shares enforcement strategy, it states: “The DNR does provide oversight and enforcement in some areas, most notably, the water: wastewater discharges and storm water runoff.”  (WQOW clip, Oct. 8, 2013)

True, Great Northern Sand (GNS), near New Auburn had a discharge of wastewater. (Early November 2012)  “Months later, there was another alleged violation by GNS.”  Pictures, water samples and mine reports indicate that at least six discharges occurred between the two discharges noted in the article.  For the two discharges which GNS was cited, pictures clearly show that GNS was the point source of the discharges.

The DNR says it doesn’t test for residual acrylamide in water.  DNR agent Debra Dix indicated that acrylamide has numerous uses, including use in drinking water treatment plants.  However, the concentration used in drinking water plants must be ½ part/million or less.  Whereas, mine wastewater discharges most likely contain 6-20 parts/million.  These levels may be lethal to wildlife. 

GNS was given a “wastewater discharge permit.”  Thus, silica silt, clay and whatever else continues to be discharged into Beaver Creek.  Silica sand from the discharges has been found more than 5 miles downstream.  Silica silt and clay have a deleterious effect on waterways and wetlands.

The relationship between “a good healthy economy” and “clean water” does not appear to be positive.  Does the relationship between the DNR and businesses protect our water or is it a ruse?
John P. Drost
1710 Hoover Ave.
Eau Claire, WI 54701
Phone:  715-835-5093 


Big News: The Army Corp of Engineers won’t be working with the WI DNR!

ALEC calls for penalties on “free rider” solar-panel owners | Grist

13 major clean energy breakthroughs of 2013 | Grist


Trempealeau Co. now 24/7





NEWS FROM PRESERVE WAUPACA COUNTY FOLKS: CONGRATULATIONS TO ALL OF YOU!
The citizen’s group Preserve Waupaca County was presented with the Jan Moldenhauer Environmental Award from the Fox Valley Sierra Group at its October 10 meeting in Appleton.

The Sierra Club group serving northeastern Wisconsin gives an award each year to honor a person or organization in the area that has achieved significant benefits to the environment through their efforts and contributions, or has demonstrated environmental leadership.

During the past year Preserve Waupaca County has demonstrated an incredible amount of dedication and courage in their exhaustive effort to stop industrial sand mines from coming into Waupaca County. They formed and led a coalition that researched the impact of sand mining. They knocked on doors, wrote letters, signed petitions, met with lawmakers, provided people with signs, spoke eloquently at meetings, and educated neighbors in order to stop a Town of Union sand mine or at least make sure that appropriate restrictions were in place.

The award is named in honor of Jan Moldenhauer, a Sierra Club leader devoted to the environment.  Jan was involved with Preserve Waupaca County.  She died in July.

In the photo from left to right:  Alan Lawrence (Fox Valley Sierra Group Chair), Kelly Ramstack, Tania Wadzinski, Donna Simons, Bob Phelan, Coleen Phelan, Cy Simons

Ethanol loses friends and influence as reform movement grows
Corn ethanol's EROI is about 1.1 - meaning as much carbon is emitted producing it as when it is combusted in the engine - resulting in twice the emissions.
Fracking EROI is probably low enough that we can make the same argument, but so far no one has really come up with an EROI number for fracking.
Karen Gaia Pitts, Motherlode Chapter

Truly strange political allies on this issue. 

Here are 2 resources for you:
West Wisconsin Regional Planning Commission
http://wcwrpc.org/Frac_Sand/frac_sand.html

Hay creek township zoning docs and flow charts --
https://sites.google.com/site/haycreektownship/services-fees


A Letter and a Slide Show from Mary:
I took some of the google photos and put together a 6 slide presentation.
I like ppts because you can get pictures up on a big screen cheaply.

I hope the title, "Landslide?" isn't too melodramatic-but sometimes you have to clobber politicians with the obvious.

I'm sending a link to the presentation.

I downloaded it, but it's 5.84 MB and I didn't know if your ISP carried attachments that big.

So here's the url, and anyone who has the address can look. Click your way through this one!

NOTE: The comment period  on the Notice of Proposed Rulemaking (NPRM) on Occupational Exposure to Crystalline Silica ends Jan. 27 and the deadline for submitting notices of intention to appear at DC hearings March 18-19 is December 12 :

  

Judge Deals a Blow to BP’s Efforts to Dodge Deepwater Horizon Payments

Rebecca Leber, News Report: BP has sought to cut down on payments for the 2010 Deepwater Horizon disaster by asking that local businesses prove the link between their economic losses and the oil spill. A federal judge halted BP’s effort to skip payments on Tuesday, ruling that BP cannot reverse its interpretation of the settlement simply because the cost is higher than what the oil g

Message from the Wood County, Marshfield Area: Big Time Violations
State wins pollution control judgment against frac sand company : Madisondotcom

Honor the Earth Video: Triple Crown of Pipeline Rides 

Solar Beats Natural Gas in Game-Changing Court Ruling 

Acid fracking in Florida proposed, just outside Naples city limits
I just posted this article to the FracTracker blog. http://www.fractracker.org/2013/12/florida-drilling/ on one of the latest controversies in oil and gas extraction...this time, in Florida

Transatlantic Trade Agreement Threatens Environment and Health in US and Europe | Common Dreams

Crystalline Silica Rulemaking

https://www.osha.gov/silica/

 "Occupational Safety and Health Administration has spent years mulling proposed rules to limit silica particles that would save an estimated 700 lives per year."

Obama delayed regulations until after the election, but that’s just a symptom of the problem

http://grist.org/politics/obama-delayed-regulations-until-after-the-election-but-thats-just-a-symptom-of-theproblem/?utm_source=newsletter&utm_medium=email&utm_term=Daily%2520Dec%252017&utm_campaign=daily





Allamakee, Winneshiek counties to benefit from University of Iowa grant - The Waukon Standard - Waukon, IA
http://www.waukonstandard.com/main.asp?SectionID=24&SubSectionID=103&ArticleID=55903

Delaware Riverkeeper Network, Municipalities, and Pennsylvania Physician
Prevail in PA Supreme Court on Act 13, Municipal Preemption Law
Gas Industry Takeover Law thrown out by State’s Highest Court

Pittsburgh PA - The PA Supreme Court has ruled Act 13 is unconstitutional on the grounds that it violates the Environmental Rights Amendment to the Pennsylvania Constitution.  Notably, the Court stated, ““As the citizens illustrate, development of the natural gas industry in the Commonwealth unquestionably has and will have a lasting, and undeniably detrimental, impact on the quality of these core aspects [life, health, and liberty: surface and ground water, ambient air, etc.] of Pennsylvania’s environment, which are part of the public trust.” Opinion at 117.

Additionally, the Court stated, ““By any responsible account, the exploitation of the Marcellus Shale Formation will produce a detrimental effect on the environment, on the people, their children, and future generations, and potentially on the public purse, perhaps rivaling the environmental effects of coal extraction.” Opinion at 118.

MN Environmental Quality Board “Tools to Assist Local Governments in Planning and Regulating Silica Sand Projects”

 Hi all,

The temptation to draw the comparison between Wisconsin and Minnesota on this issue is overwhelming.  Here in Buffalo County we cheerfully approve mines like the Segerstrom mine pictured above (which later went broke, leaving this hillside as a reminder).  In Minnesota, they’re being a little more thoughtful.
Here’s the “Introduction” section of Minnesota’s draft “Tools” handbook.  Click HERE to download the whole document.  Very useful material if you’re dealing with a sand mine in your area.  It’ll be harder for your opponents to make those “Google educated” “radical fringe” “global conspiracy” wisecracks they’re so fond of.
Minnesota Environmental Quality Board
Tools to Assist Local Governments in
Planning for and Regulating Silica Sand Projects
DRAFT DECEMBER 13, 2013
INTRODUCTION
In May 2013 the Minnesota Legislature adopted Laws 2013, chapter 114, commonly referred to as HF 976, now codified in Minnesota Statutes chapter 116C. Minnesota Statute 116C.99, sub division 2 requires the Environmental Quality Board (EQB) to develop model standards and criteria that may be used by local units of government (LGUs) in developing local ordinances regarding the mining, processing, and transporting of silica sand. This Tools to Assist Local Governments document fulfills this legislative requirement.
Authority to plan for and regulate land use activities rests primarily with local government. The EQB supports good local planning that articulates the future vision of a community. This should be supported with the adoption of sound local ordinances as the means to implement the planning. This document provides information that may be useful for LGUs when discussing issues related to silica sand.
The EQB strongly encourages each individual local unit of government to seek the advice of legal counsel in connection with the use of this document and its contents. The recommendations, standards, criteria, and considerations included in this document are not substitutes for local government planning and the contents of this document are not a substitute for legal advice.
The document is organized by topic. Each topic section or subsection discusses potential impacts from silica sand activities. Considerations for addressing potential impacts are discussed and then suggestions are provided on how to address the impacts.
This document is essentially a box of tools available for consideration by local governments. In some situations, there are several tools that may be chosen or used in conjunction with other tools to address a particular concern. The toolbox also includes instructions on how to use the tools themselves. As with any box of tools, the user should decide what is to be built before selecting a tool.
Two regions of the state were the focus of the statute: the Minnesota River Valley and southeastern Minnesota. These two regions are the areas most likely to experience the greatest effects of silica sand operations because they are where most of the sand exists. However, the toolbox can be applied to other areas of the state, where an LGU could compare its own circumstances to the geology, hydrology, and other characteristics discussed in this document.
This document is the work of staff from the Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Minnesota Department of Transportation, Minnesota Department of Health, Minnesota Department of Agriculture, and the EQB itself.
Local units of governments are not required to adopt any elements of this document and Minn. Stat. 116C.99 does not authorize the EQB or any other state agency to impose or enforce anything on local governments. The EQB and its member agencies are not enforcing or attempting to enforce the suggestions in this document as if they are duly adopted state rules.
It also is important to note that this document does not represent legal advice or legal opinions. The EQB assumes and recommends that an LGU will obtain appropriate legal advice before making any decisions to adopt or amend its official controls.
For reference, Minn. Stat. 116C.99 is included below in its entirety.
116C.99 SILICA SAND MINING MODEL STANDARDS AND CRITERIA.
Subdivision 1. Definitions. The definitions in this subdivision apply to sections 116C.99
to 116C.992.
(a) “Local unit of government” means a county, statutory or home rule charter city, or town.
(b) “Mining” means excavating silica sand by any process, including digging, excavating,
drilling, blasting, tunneling, dredging, stripping, or by shaft.
(c) “Processing” means washing, cleaning, screening, crushing, filtering, sorting, processing,
stockpiling, and storing silica sand, either at the mining site or at any other site.
(d) “Silica sand” means well-rounded, sand-sized grains of quartz (silicon dioxide), with very little impurities in terms of other minerals. Specifically, the silica sand for the purposes of
this section is commercially valuable for use in the hydraulic fracturing of shale to obtain oil and natural gas. Silica sand does not include common rock, stone, aggregate, gravel, sand with a low quartz level, or silica compounds recovered as a by-product of metallic mining.
(e) “Silica sand project” means the excavation and mining and processing of silica sand; the washing, cleaning, screening, crushing, filtering, drying, sorting, stockpiling, and storing of silica sand, either at the mining site or at any other site; the hauling and transporting of silica sand; or a facility for transporting silica sand to destinations by rail, barge, truck, or other means of transportation.
(f) “Temporary storage” means the storage of stock piles of silica sand that have been transported and await further transport.
(g) “Transporting” means hauling and transporting silica sand, by any carrier:
(1) from the mining site to a processing or transfer site; or
(2) from a processing or storage site to a rail, barge, or transfer site for transporting to
destinations.

Subd. 2. Standards and criteria. (a) By October 1, 2013, the Environmental Quality
Board, in consultation with local units of government, shall develop model standards and criteria for mining, processing, and transporting silica sand. These standards and criteria may be used by local units of government in developing local ordinances. The standards and criteria shall be different for different geographic areas of the state. The unique karst conditions and landforms of southeastern Minnesota shall be considered unique when compared with the flat scoured river terraces and uniform hydrology of the Minnesota Valley. The standards and criteria developed shall reflect those differences in varying regions of the state. The standards and criteria must include:
(1) recommendations for setbacks or buffers for mining operation and processing, including:
(i) any residence or residential zoning district boundary
(ii) any property line or right-of-way line of any existing or proposed street or highway (iii) ordinary high water levels of public waters
(iv) bluffs
(v) designated trout streams, Class 2A water as designated in the rules of the Pollution
Control Agency, or any perennially flowing tributary of a designated trout stream
or Class 2A water
(vi) calcareous fens
(vii) wellhead protection areas as defined in section 103I.005
(viii)critical natural habitat acquired by the commissioner of natural resources under
section 84.944
(ix) a natural resource easement paid wholly or in part by public funds
(2) standards for hours of operation
(3) groundwater and surface water quality and quantity monitoring and mitigation plan
requirements, including:
(i) applicable groundwater and surface water appropriation permit requirements
(ii) well sealing requirements
(iii) annual submission of monitoring well data
(iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events
(4) air monitoring and data submission requirements
(5) dust control requirements
(6) noise testing and mitigation plan requirements
(7) blast monitoring plan requirements
(8) lighting requirements
(9) inspection requirements
(10) containmentrequirementsforsilicasandintemporarystoragetoprotectairandwater
quality
(11) containment requirements for chemicals used in processing
(12) financialassurancerequirements
(13) road and bridge impacts and requirements
(14) reclamation plan requirements as required under the rules adopted by the
commissioner of natural resources

Subd. 3. Silica sand technical assistance team. By October 1, 2013, the Environmental
Quality Board shall assemble a silica sand technical assistance team to provide local units of government, at their request, with assistance with ordinance development, zoning, environmental review and permitting, monitoring, or other issues arising from silica sand mining and processing operations. The technical assistance team may be chosen from representatives of the following entities: the Department of Natural Resources, the Pollution Control Agency, the Board of Water and Soil Resources, the Department of Health, the Department of Transportation, the University of Minnesota, the Minnesota State Colleges and Universities, and federal agencies. A majority of the members must be from a state agency and all members must have expertise in one or more of the following areas: silica sand mining, hydrology, air quality, water quality, land use, or other areas related to silica sand mining.

Subd. 4. Consideration of technical assistance team recommendations. (a)When the technical assistance team, at the request of the local unit of government, assembles findings or makes a recommendation related to a proposed silica sand project for the protection of human health and the environment, a local government unit must consider the findings or recommendations of the technical assistance team in its approval or denial of a silica sand project. If the local government unit does not agree with the technical assistance team’s findings and recommendations, the detailed reasons for the disagreement must be part of the local government unit’s record of decision.
(b) Silica sand project proposers must cooperate in providing local government unit staff, and members of the technical assistance team with information regarding the project.
(c) When a local unit of government requests assistance from the silica sand technical assistance team for environmental review or permitting of a silica sand project the local unit of government may assess the project proposer for reasonable costs of the assistance and use the funds received to reimburse the entity providing that assistance.

EFFECTIVE DATE. This section is effective the day following final enactment.

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Over Fracking Waste Spill

Emily Atkin, News Investigation: Exxon Mobil Corp. subsidiary XTO Energy will have to face criminal charges for allegedly dumping hydraulic fracturing waste at a Marcellus Shale drilling site in 2010, according to a Pennsylvania judge’s ruling on Thursday. Following a preliminary hearing, Magisterial District Judge James G. Carn decided that all eight charges against Exxon—including violations of both the state Clean Streams Law and the Solid Waste Management Act—will be “held for court,” meaning there is enough evidence to take the fossil fuel giant to trial over felony offenses.
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The First Frac Sand Congress Providing Perspectives From The Entire Supply Chain

The explosive growth experienced by the frac sand industry may be leveling off from the historic price-per-ton pricing highs of 2012, but with more than half-million new wells due to be drilled by 2035, the demand for high quality frac sand clearly presents a lucrative opportunity to stakeholders across the supply chain
However crippling transportation logistics costs remain a significant bottleneck, exacerbated by limited rail access, terminals, freight cars and unpredictable user requirements, contributing to substantial demurrage and detention, especially in the last mile.
With this in mind, the Frac Sand Logistics Supply Chain 2013: Rail, Trucking & Transloading Opportunities Congress has been designed to bring together perspectives from across the entire supply chain to identify long term market opportunities and solutions for reducing logistical costs as well as optimizing timely delivery of product.
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Pat Popple