Johanna Rupprecht
Policy Organizer
Land Stewardship Project
Lewiston, MN
507-523-3366
jrupprecht@landstewardshipproject.org
I want to share this
Houston County action alert with you because the frac sand issue matters to
people throughout southeast Minnesota, and making sure the integrity of state
law is upheld is important for us all. If you can, plan to attend the meeting in
Caledonia on Tuesday to support our Houston County neighbors, and please share
this message with others.
-- Johanna Rupprecht, LSP organizer
LSP Action
Alert:
Tell Houston County Board: Follow the Law
& Reject the Erickson Silica Sand Mine!
On Tuesday, June 3, the Houston County Board of Commissioners is scheduled
to vote on approving the conditional use permit for the Erickson silica sand
mine on Highway 16 near Rushford. Permitting this mine would be a violation of
state law, as well as wrong for people and the land.
The Erickson silica sand mine is currently subject to environmental review, and state law prohibits permitting until environmental review is complete. The mine is currently considered part of the multi-site frac sand mining project proposed by MN Sands, LLC. The Minnesota Environmental Quality Board (EQB) has ordered an Environmental Impact Statement (EIS) on the MN Sands project. State law is clear: no permits may be approved until this environmental review is complete. The mine owner claims he is no longer in business with MN Sands and has asked to be removed from the MN Sands environmental review. However, just last Wednesday the EQB concluded there was inadequate proof of this and did not remove the mine from the MN Sands environmental review. This means under state law, permitting is frozen.
Even if the Erickson silica sand mine is ultimately removed from the MN Sands environmental review, it must still undergo environmental review as an individual mine. The EQB may ultimately remove the Erickson silica sand mine from the larger MN Sands environmental review. However, the Erickson silica sand mine would still need to undergo a separate Environmental Assessment Worksheet (EAW) ordered previously by Houston County. This was the result of a citizens’ petition, and the county board voted unanimously in August 2012 to order environmental review.
Even after environmental review, the Erickson silica sand mine must still apply for a Department of Natural Resources (DNR) Silica Sand Mining Trout Stream Setback Permit before any local permitting can happen. The mine site is located less than one mile from a designated trout stream, which means no mining of silica sand is allowed there unless it receives this special DNR permit after an extensive process including one year of pre-application monitoring. (See a short video of DNR Commissioner Tom Landwehr clarifying this at the EQB meeting HERE.)
Take Action! Your action is needed to ensure Houston County Commissioners do not permit the Erickson silica sand mine in violation of state law.
The Erickson silica sand mine is currently subject to environmental review, and state law prohibits permitting until environmental review is complete. The mine is currently considered part of the multi-site frac sand mining project proposed by MN Sands, LLC. The Minnesota Environmental Quality Board (EQB) has ordered an Environmental Impact Statement (EIS) on the MN Sands project. State law is clear: no permits may be approved until this environmental review is complete. The mine owner claims he is no longer in business with MN Sands and has asked to be removed from the MN Sands environmental review. However, just last Wednesday the EQB concluded there was inadequate proof of this and did not remove the mine from the MN Sands environmental review. This means under state law, permitting is frozen.
Even if the Erickson silica sand mine is ultimately removed from the MN Sands environmental review, it must still undergo environmental review as an individual mine. The EQB may ultimately remove the Erickson silica sand mine from the larger MN Sands environmental review. However, the Erickson silica sand mine would still need to undergo a separate Environmental Assessment Worksheet (EAW) ordered previously by Houston County. This was the result of a citizens’ petition, and the county board voted unanimously in August 2012 to order environmental review.
Even after environmental review, the Erickson silica sand mine must still apply for a Department of Natural Resources (DNR) Silica Sand Mining Trout Stream Setback Permit before any local permitting can happen. The mine site is located less than one mile from a designated trout stream, which means no mining of silica sand is allowed there unless it receives this special DNR permit after an extensive process including one year of pre-application monitoring. (See a short video of DNR Commissioner Tom Landwehr clarifying this at the EQB meeting HERE.)
Take Action! Your action is needed to ensure Houston County Commissioners do not permit the Erickson silica sand mine in violation of state law.
1. Attend the Houston County Board meeting at 9 a.m., on Tuesday, June
3, at the Houston County Courthouse (304 S. Marshall St., Caledonia, in the
second floor board room). Comments are allowed at the beginning of the meeting,
and a large turnout will send a clear message to the Commissioners: they must
follow the law and not approve the permit for the Erickson silica sand
mine.
2. Call the Houston County Commissioners now and tell them not to illegally approve the Erickson silica sand mine.
2. Call the Houston County Commissioners now and tell them not to illegally approve the Erickson silica sand mine.
· Commissioner Teresa Walter, Board Chair (District 4): 507-895-2446 or teresa.walter@co.houston.mn.us
· Commissioner Judy Storlie (District 1): 507-895-8994 or judy.storlie@co.houston.mn.us
· Commissioner Justin Zmyewski (District 2): 507-450-8297 or justin.zmyewski@co.houston.mn.us
· Commissioner Steve Schuldt (District 3): 507-724-3639 or steve.schuldt@co.houston.mn.us
· Commissioner Dana Kjome (District 5): 507-498-5676 or dana.kjome@co.houston.mn.us
Suggested message: “I ask you to follow state law and reject the permit for the Erickson silica sand mine at Tuesday’s County Commissioners meeting. The EQB has not removed the mine from the MN Sands environmental review. Even if the mine is removed from the MN Sands environmental review, Houston County must still do environmental review on this individual mine. The Board ordered this by a unanimous vote in August 2012. Under state law, permitting is frozen while environmental review is in process. Also, the Erickson silica sand mine is within one mile of a trout stream and will require a DNR Silica Sand Mining Trout Stream Setback Permit before any local permitting can happen. Please, follow the law and protect our community.”
· Commissioner Judy Storlie (District 1): 507-895-8994 or judy.storlie@co.houston.mn.us
· Commissioner Justin Zmyewski (District 2): 507-450-8297 or justin.zmyewski@co.houston.mn.us
· Commissioner Steve Schuldt (District 3): 507-724-3639 or steve.schuldt@co.houston.mn.us
· Commissioner Dana Kjome (District 5): 507-498-5676 or dana.kjome@co.houston.mn.us
Suggested message: “I ask you to follow state law and reject the permit for the Erickson silica sand mine at Tuesday’s County Commissioners meeting. The EQB has not removed the mine from the MN Sands environmental review. Even if the mine is removed from the MN Sands environmental review, Houston County must still do environmental review on this individual mine. The Board ordered this by a unanimous vote in August 2012. Under state law, permitting is frozen while environmental review is in process. Also, the Erickson silica sand mine is within one mile of a trout stream and will require a DNR Silica Sand Mining Trout Stream Setback Permit before any local permitting can happen. Please, follow the law and protect our community.”
Contact LSP organizer Johanna Rupprecht at 507-523-3366 or jrupprecht@landstewardshipproject.org
for more information.
Additional Details:
More details are in this LSP blog post: EQB Tables Erickson Mine EIS Question
Here are short videos of key parts of the May 21 EQB meeting:
More details are in this LSP blog post: EQB Tables Erickson Mine EIS Question
Here are short videos of key parts of the May 21 EQB meeting:
- Minnesota Pollution Control Agency Commissioner John Linc Stine’s motion to table the decision on removing the Erickson mine from the MN Sands EIS due to the lack of information provided by the project proposers is HERE.
- DNR Commissioner Tom Landwehr’s comments about the need for the trout stream setback permit and the EAW ordered by Houston County are HERE.
HERE is a video of the May 22 Houston County Planning
Commission vote to recommend approval of the Erickson mine permit in spite of
the prohibition on permitting.
Minnesota Statute 116D.04 Subd. 2b. states: “If an
environmental assessment worksheet or an environmental impact statement is
required…a project may not be started and a final governmental decision may not
be made to grant a permit, approve a project, or begin a project” until the
environmental review requirement has been fulfilled.
The “60-day rule” does not apply. Houston County staff are inaccurately claiming the county permit for the Erickson silica sand mine must be acted on now because of the “60-day rule.” This is a state law that requires permits to be acted on within 60 days. However, state law clearly states this fact: while a project is subject to environmental review, the 60-day clock stops.
Silica sand is silica sand even when it is called “construction sand.” Even though the mine owners claim they now want to mine for “construction sand” instead of frac sand, the material is still silica sand and the DNR permit is required. Also, the operation plans for the mine that were submitted to the EQB in May are nearly identical to the earlier plans for frac sand mining at the site. The Erickson mine already has a troubling history: in 2012, the owners began operations to mine frac sand there in spite of Houston County's moratorium on silica sand mining. After the county issued a stop work order, MN Sands and the Ericksons sued Houston County (their lawsuit was eventually dismissed).
The “60-day rule” does not apply. Houston County staff are inaccurately claiming the county permit for the Erickson silica sand mine must be acted on now because of the “60-day rule.” This is a state law that requires permits to be acted on within 60 days. However, state law clearly states this fact: while a project is subject to environmental review, the 60-day clock stops.
Silica sand is silica sand even when it is called “construction sand.” Even though the mine owners claim they now want to mine for “construction sand” instead of frac sand, the material is still silica sand and the DNR permit is required. Also, the operation plans for the mine that were submitted to the EQB in May are nearly identical to the earlier plans for frac sand mining at the site. The Erickson mine already has a troubling history: in 2012, the owners began operations to mine frac sand there in spite of Houston County's moratorium on silica sand mining. After the county issued a stop work order, MN Sands and the Ericksons sued Houston County (their lawsuit was eventually dismissed).
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