EIS on 11 proposed frac sand mines

Dear Friends and Neighbors,   An Environmental Impact Statement on 11 proposed frac sand mines in Fillmore, Houston, and Winona counties is beginning this summer, led by the Environmental Quality Board (a MN state agency).    You are invited to a Land Stewardship Project event to help make sure this study starts off right, and the scope includes all of the many concerns local people have about the impacts of this destructive industry.   Come to learn more, share your concerns, and get involved.    Tuesday, July 9, 2013, 6:30-9:00 pm (registration 6:00)   Montini Hall at St. Joseph's Catholic Church, Rushford, MN     Participation by each of us is important in the EIS process.   Details will be coming from Land Stewardship Project, Johanna Rupprecht  (507-523-3366) or jrupprecht@landstewardshipproject.org.

The Price of Sand

a documentary about silica mines, small towns and money

“The Price of Sand”, a documentary film about frac sand mining

“The Price of Sand” is a documentary about the frac sand mining boom in Minnesota and Wisconsin. Due to a rapid increase in demand, pure silica sand has become a valuable commodity, and mines are opening here at a rapid rate.

The silica used in hydraulic fracturing (aka : “fracking”), has other uses– glass manufacturing and toothpaste, for instance — and a few established mines have been in operation here for decades. But now, new companies have arrived, and land with accessible silica deposits is selling for high prices.

In addition to a bonanza for a few lucky landowners, the new mines promise jobs and economic stimulus for the small towns and rural areas nearby.

The Film

Two years ago, an oil company bought a tract of land in near my mother’s house, in rural Goodhue County, Minnesota. The prospect of an open pit mine led to the formation of an opposition group, a series of public meetings, and a temporary county moratorium on frac sand mining.

I’m a filmmaker, so I visited people who live near existing mines and interviewed them. They told me stories–intense truck traffic, plummeting property values, toxic silica dust–a catalog of complaints that surprised me with its variety and intensity. I made clips from the interviews and posted them on YouTube.

YouTube shorts can provoke discussion (56,000 views so far), but the story of this mining boom is more complex.  Good people are on both sides of the issue, and sometimes the facts aren’t obvious.  “The Price of Sand” is a 1-hour documentary film that grew out of my short YouTube video project–more extensive, with new stories–a more comprehensive look at what’s happening.

The goal of this project:   find the real price of frac sand.  Not just in dollars, but in friendships, communities and the future of our region.

Jim Tittle • St. Paul, MN • director

Good news (in other places)

We can continue to inform ourselves and others. Wishing you well, Bonita Mora County, NM has banned fracking The state of Vermont  has banned fracking Florence Township in Goodhue County has banned frac sand mining Hay Creek Township in Goodhue County has banned "large scale mining" and "mineral processing" I'm told the city of Caledonia has banned nude dancing in bars (well, you said anything, right? And, this is in Houston County) Below is a long list of bans and moratoriums on fracking: You'll need to go through them to separate "bans" from "moratoriums". But, these are just a few resources I came up with after searching around this morning: REALLY GOOD SUMMARY of towns/states/countries: http://keeptapwatersafe.org/global-bans-on-fracking/ The USA The State of Vermont May 17, 2012: Vermont became the first state to ban the controversial natural gas drilling practice known as hydraulic fracturing, or fracking. Governor Peter Shumlin signed the ban into law Wednesday afternoon. New Jersey, NJ May 17, 2012: TRENTON, N.J. - The New Jersey Legislature has accepted Gov. Chris Christie’s recommendation for a one-year ban on a natural gas drilling process known as hydraulic fracturing, or fracking, rather than continue to pursue a permanent ban. June 30, 2012 New Jersey Legislature Bans All Fracking Waste Mindful of a court ruling in 1978 striking down a law they passed banning waste disposal from other states, New Jersey legislators this week passed a new law banning all disposal of fracking wastewater within its borders, even if the waste water is produced within New Jersey. The new law is aimed at prohibiting shipment of 1.3 billion gallons of fracking waste water already generated in neighboring Pennsylvania from being shipped into New Jersey for deep well injection. July 15, 2012  Secaucus, NJ -  bans ‘fracking’ (Local officials also call for statewide and national ban.) The mayor and Town Council banned fracking and fracking waste water in Secaucus at the June 26 council meeting in a resolution that states that the drilling process causes environmental hazards. Pittsburgh, Pa November 16, 2010: In a historic vote, the City of Pittsburgh today adopted a first-in-the-nation ordinance banning corporations from natural gas drilling in the city (Pittsburgh is finding it difficult to enact the ban because of ‘variances’ issued by the State’s Public Utilities Commission overruling their decisions)  Morgantown, WV June 6th 2011: Morgantown City Council went ahead on Tuesday evening with its proposed ban on fracking concerning the drilling of Marcellus Shale. The council approved the first reading of the ordinance which would prohibit fracking in the city and within one mile of the city limits as well.  15th August 2011: On Friday, Monongalia County Judge Susan Tucker ruled Morgantown’s ordinance to be invalid, clearing the way for Northeast to resume drilling. In the court’s opinion, Tucker said the state had exclusive control of regulation. Tucker also noted strides made by the state to implement comprehensive rules for drilling. Syracuse, N.Y. October 24, 2011: SYRACUSE, N.Y. — Syracuse common councilors ban hydrofracking in the city. North Carolina, RALEIGH 1st July 2012-- Governor Bev Perdue vetoed the controversial fracking bill Sunday, the last day she had to act before it would have become law.The governor said she supports hydraulic fracturing, also known as “fracking,” but believes additional safeguards are needed in the bill. Without those safeguards in place to protect drinking water and the health of North Carolina families, Perdue said she was forced to veto the bill. New York State Woodstock enacts ban on hydrofracking – Jul 22, 2012 The Town Board on July 17 delivered the first blow of a proposed two-punch combination aimed at banning hydrofracking in Woodstock, unanimously adopting a zoning amendment that prohibits the controversial natural-gas extraction method and related activities within the town’s borders. By a vote of 5-1-1, Village of Owego passed a 1-year moratorium – 31st July 2012  Animated film of bans, moratoriums and groups in New York State http://www.youtube.com/watch?v=YJIdBfVvCt8&feature=colike • Two legislative bills on hydrofrack drilling were considered by the legislature. The Assembly passed an extension of the current moratorium through June of 2012. The Senate did not act on a parallel bill and the issue is closed for the present. • NYS Executive Order calling for a drilling moratorium by former Governor Paterson has been affirmed by Governor Cuomo. • Yates County resolution unanimously passed calls for similar protection treatment of their watershed as that in NYC and Syracuse watersheds. • The Town of Jerusalem (Yates) enacted a moratorium ordinance for their entire township. The one-year moratorium begins when the Supplemental Generic Environmental Impact Statement (SGEIS) relating to the extraction of natural gas by the process of high-volume hydraulic fracturing now under review by the New York State Department of Environmental Conservation is finalized. • The Town of Milo is drawing up a moratorium statement for board action. • Dewitt, Tully, Marcellus and Skaneateles have enacted moratoria laws. • Highland, (Sullivan Co) is developing a moratorium statement. • Buffalo has banned hydrofrack drilling and wastewater disposal in their city. • Sullivan County is the first county in New York State to enact a moratorium. • Lumberland (Sullivan Co) is considering a moratorium statement. • Town of Ulysses is establishing “industrial zones” attempting to restrict the negative impact of drilling in their water supply. • Tompkins County has enacted a ban on fracking on county land. • Broome County: Ban on hydrofracking on county lands. Waste restrictions for fracking cuttings and flow back water established. • Ontario, Sullivan and Onondaga Counties have enacted bans on fracking on county owned land. • Ulster County has banned hydrofrack drilling on county owned lands. • Gorham in Ontario County enacted a moratorium ordinance. • The towns that ring Cooperstown’s reservoir, Otsego Lake — Middlefield, Otsego, Butternuts, and Cherry Valley — are moving to ban or restrict natural gas drilling and high-volume hydraulic fracturing. • Springfield has adopted local laws prohibiting heavy industry, including gas drilling. • The Medical Society of the State of New York has gone on record supporting a moratorium on gas drilling using high volume hydraulic fracturing. • Cooperstown’s Chamber of Commerce has issued a position statement supporting a total ban on fracking due to the impact it will make on their watershed, farming and tourism. • A group of residents have launched a petition drive designed to ban the use of high-volume, slick water hydraulic fracturing in the Town of Caroline, Tompkins County. • The Village of Penn Yan will not accept any hydrofracking wastewater for processing at the village wastewater treatment plant. • New York City has called on the US Congress to remove hydrofrack drilling’s exemption from the Safe Water Drinking Act. • The Skaneateles Town Board has initiated plans for a ban in their township. • The Otsego County Planning Board approved changes to Middlefield’s master plan and zoning law that would specifically prohibit heavy industry, including gas and oil drilling. • The Board of Trustees of Bassett Medical Center, based in Cooperstown, New York, views the issue of hydrofracking as a public health issue of the highest priorityand resolves that the hydrofracking method of gas drilling constitutes an unacceptable threat to the health of patients, and should be prohibited until such time as it is proven to be safe. • A consortium of interested citizens is planning for a unified moratorium and eventual ban of hydrofrack drilling in the entire Keuka Lake watershed region. To date the towns of Barrington, Milo and Jerusalem have adopted ordinances on a moratorium. Wayne has prepared a resolution for consideration. • Lebanon town board members adopted a memorializing resolution that calls on the New York State Legislature and Governor Andrew Cuomo to repeal and reform compulsory integration laws in the State of New York that currently govern natural gas development. • A petition drive has resulted in the Dryden Town Board unanimously passing a resolution to move forward with an ordinance to ban fracking. • The Croton Watershed Clean Water Coalition, Inc. has sued the Department of Environmental Conservation (DEC) in New York State Supreme Court to declare High Volume Horizontal Hydraulic Fracturing in New York State Forests contrary to the New York State Constitution and applicable environmental laws. • The Otsego Town Board clarified a long-standing prohibition against heavy industry, including fracking for natural gas, in the town’s land use law. By this vote the town, which includes most of the Village of Cooperstown, reaffirmed its home rule right to prohibit drilling through local ordinance. They also approved revisions to its land-use law that strengthen a ban on gas drilling and hydrofracking within the town. The law now specifies that while the removal of gravel, rock, stone, sand, fill, topsoil or “unconsolidated” minerals has been allowed, extraction of natural gas and petroleum is not permitted. • The Common Council of Oneonta voted to ban all forms of natural gas drilling in city limits. • The Town of Wales adopted a community rights ordinance that bans “fracking.” The ordinance establishes a Bill of Rights for Wales residents and “recognizes and secures certain civil and political rights of the residents to govern themselves and protect themselves from harm to their persons, property and environment.” • The exploration of land for natural gas by horizontal drilling and hydraulic fracturing is prohibited in the Town of Camillus. • Brighton became the first municipality in Monroe County to take a position on hydrofrack drilling calling for a state-wide moratorium. • Kirkland has adopted a one-year moratorium on hydrofracking. • New Hartford has adopted a six-month moratorium on hydrofrack drilling for natural gas •   October 24, 2011: SYRACUSE, N.Y. — Syracuse common councilors ban hydrofracking in the city. . August 14th 2012 Saint Johnsville Village, NY, USA unanimously passed a one year moratorium on hydrofracking and its related activities. Buffalo, NY Feb 8, 2011 6: The city of Buffalo, New York, banned the natural gas drilling technique of hydraulic fracturing on Tuesday, a largely symbolic vote that demonstrates concern about potential harm to groundwater from mining an abundant energy source.The city council voted 9-0 to prohibit natural gas extraction including the process known as “fracking” in which chemicals, sand and water are blasted deep into the earth. Albany, NY (Capitol of NYS) banned hydraulic fracturing within the city limits of the City of Albany in May, 2012. Mayor Jennings didn’t veto it. Sept 2012 The Rochester Town Board voted to ban hydraulic fracturing at its August 30 meeting, to the applause of a town hall packed with residents eager for the decision. Although passing the ban was one of the first things the board did that evening, celebrants were still toasting with champagne in the town hall parking lot when the meeting adjourned over an hour later. The town joins an estimated 35 that have passed an outright ban on the controversial gas-mining practice in the state. A hundred other municipalities have moratoria in place while they study the issue, and 60 more have passed resolutions either in support of the practice, or opposing a statewide ban. Governor Cuomo is expected to announce a decision on whether it will be permitted in New York State or not in the very near future. Pennsylvania:  In February, the legislature passed Act 13, which eliminated local zoning for natural gas operations, which include drilling, compressor stations and pipelines. Passed with support of Republican lawmakers from the Southeast, Act 13 was hailed by the governor, lawmakers and the natural gas industry as crucial because it provided uniformity and consistency for developing shale gas drilling policy. Effectively, this has deprived all the communities from having any power to protect themeselves from the rape of their land, posioning of their water, and harm to people, animals and crops.  Pittsburgh adopts the first-in-the-nation community rights ordinance which elevates the right of the community to decide, and the rights of nature over the “rights” associated with corporate personhood. The City Council unanimously adopted this ordinance banning corporations from conducting natural gas drilling in the city. •Lehman Township in Luzerne County PA NEVER passed a moratorium or ban, the township supervisors voted down CELDF ordinance to protect and  preserve township land and water. The Board of Supervisors for Licking Township, Clarion County, PA, voted unanimously on Wednesday to adopt an ordinance banning corporations from dumping “fracking” waste water in the township. The Licking Township Community Water Rights and Self-Government Ordinance is the first ordinance of its kind adopted in Pennsylvania to confront the threat of Marcellus Shale drilling. Cresson has enacted legislation banning fracking. Washington Township has banned fracking. Philadelphia, Pennsylvania City Council unanimously passed the pro-moratorium Resolution on Marcellus Shale Drilling Environmental and Economic Impacts. The Borough Council of West Homestead, Pennsylvania, unanimously adopted an ordinance that enacts a Local Bill of Rights, along with a prohibition on natural gas extraction to protect those rights. The bill, titled “West Homestead Borough’s Community Protection from Natural Gas Extraction Ordinance; establishes specific rights of West Homestead residents, including the Right to Water, the Rights of Natural Communities, the Right to a Sustainable Energy Future, and the Right to Community Self-Government. Philadelphia refuses to purchase Marcellus Shale gas as the dumping of flow back waters is polluting their water supply. Collier Township upgraded its natural gas drilling ordinance to enhance their Marcellus Shale ordinance that would push drillers farther away from schools and provide baseline measurements for noise levels at drilling sites. United Methodists representing 950 churches across central and Northeast Pennsylvania passed a resolution calling for a temporary halt in gas well drilling in the Marcellus Shale as well as an impact tax on those places where drilling already has taken hold. Religious groups such as the Sisters of Saint Francis of Philadelphia have advocated against fracking and in April, 2011, America, the national magazine of the Jesuits editorialized very critically about the process.  Baldwin Borough Council adopted a community rights ordinance that bans the corporate extraction of natural gas. 30th June 2012 Legislators Pass Moratorium on Gas Drilling in Bucks, MontCo The provision was attached to a state budget measure which lawmakers approved late Saturday night. Companies that want to drill for natural gas in Bucks or Montgomery counties will have to wait. State lawmakers on Saturday night approved a moratorium on gas drilling in Bucks, MontCo and parts of Lehigh, Berks and Chester counties. The moratorium will affect any oil or gas operations in the South Newark Basin, which underlies a swath of territory extending from Bucks through MontCo and into Berks County. Arkansas • A class-action lawsuit has been filed against companies that drill for natural gas in central Arkansas. The suit is asking for millions of dollars in relation to the earthquakes associated with the fracking process the companies use. The damages enumerated in the suit are property damage, loss of fair market value in real estate, emotional distress, and damages related to the purchase of earthquake insurance. Arkansas has a ban on 4 out of more than 500 frack fluid waste-water injection wells because of their 4.7/9 earthquake. Maryland • The first community in Maryland, Mountain Lake Park, adopted an ordinance banning corporations from natural gas drilling. • Attorney General Douglas F. Gansler has sent a letter to Chesapeake Energy Corporation and its affiliates, notifying the companies of the State of Maryland’s intent to sue for violating the federal Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA). • Governor Martin O’Malleyhas signed an executive order for a three year moratorium on drilling in MD while studies continue. New Jersey • The New Jersey Assembly voted to ban hydraulic fracturing in NJ in a bipartisan overwhelming vote (58 to 11, 8 abstained), following the landslide vote 32-1 earlier in the day by the NJ Senate. New Jersey is the first state legislature to ban fracking. Ohio • 22nd August 2012: Wellsburg City Council approved an ordinance prohibiting natural gas drilling in or within one mile of the city as concerns mounted about the city’s water being contaminated by procedures in hydrofrack drilling. A reservoir serving the city is beside property that Chesapeake Energy is leasing for drilling. A pair of proposed deep brine injection wells in Weathersfield Township got the attention of residents and trustees. Now, opposition is growing next door in Niles. “The property’s adjacent right to Niles, also it’s five blocks from downtown so we’re very concerned,” Niles Mayor Ralph Infante said. Niles joined Weathersfield Township trustees on Wednesday, passing a resolution to ban all injection wells in the city and township. That includes the proposed site off state Route 169 next to Niles Commerce Park. 28th August 2012 - Jefferson twp in Crawford county passed an extraction and injection well resolution banning fracking activity in the township Virginia • George Washington National Forest has disallowed horizontal drilling for natural gas within its 1.1 million acres of territory while opening up segments of the forest to the potential for wind energy construction. Texas • Texas Gov. Rick Perry has signed a bill requiring drillers to publicly disclose the chemicals they use when extracting oil and gas from dense rock formations, the first state to pass such a law. Moratorium in the city of Grand Prairie, TX (a suburb of Dallas) until January 2013 on drilling activities within 3,000 feet of water retention structures. It’s been called potentially catastrophic by the United States Army Corps of Engineers. Chesapeake and XTO placed the community in jeopardy by already drilling and fracking in very close proximity to the local Joe Pool Dam. Right hand did not know what the left was doing….it’s a mess. West Virginia • Wellsville has banned fracking. • Lewisburg has banned fracking within their city limits. • Morgantown banned fracking in the city and within one mile of the city limits as well. 8 April 2012: Kaikoura District Council voted 6 to 2 to declare itself a frack-free zone (NZ). It will be revisited after the independent investigation by Dr Jan Wright of the Parliamentary Commission for the Environment (PCE) due out at the end of the year. This resolution followed a request in February for a moratorium from Central Government until the study but that was denied.

FREE INFORMATIONAL MEETING: EFFECTS OF FRAC SAND MINING ON AIR QUALITY AND YOUR HEALTH

Join us as we attend a talk presented by Crispin Pierce, PhD, Professor of Environmental Public Health at UW-Eau Claire.

More info....

June 11 - FILM: The Price of Sand

Tuesday, the Winona County Board approved the first frac sand mine in the County!

It's even more important to see "The Price of Sand."

Doug

Gov. Dayton still needs to hear from us to give the provisions strength.

Take Action! 

The test of the provisions will be, “Do they make a difference on the ground?” That will depend on how aggressively the Dayton administration implements and enforces these laws. We will be pushing for the DNR, MPCA and Environmental Quality Board to use this new authority to put the well-being of rural communities before profits for the outside investors driving the frac sand industry. 

1. Contact Governor Mark Dayton at 651-201-3400 or 800-657-3717, or e-mail him HERE.

Suggested message: “I was disappointed that in the end you did not support a hard setback of a mile from trout streams for frac sand mines. These most sensitive areas of southeast Minnesota should have been clearly put off limits to the frac sand industry. We know from looking at western Wisconsin that without strong regulation the frac sand industry will pollute our air and water, destroy our roads and harm the local economy. The Legislature has now given the MPCA, DNR and Environmental Quality Board new authority to control the frac sand industry. I am calling on you to direct these state agencies to adopt strong controls that put the well-being of the community before corporate profits for the frac sand industry. I want you to make it clear that the DNR’s policy should be that issuing “trout stream setback” permits for frac sand should happen rarely, if ever. Also, the MPCA needs to establish an enforceable air quality standard for silica dust at frac sand facilities. This needs to be monitored at the property line and if exceeded, the operation needs to be shut down until it can comply. Long-term exposure to silica can cause serious health problems, including silicosis.”

2. Thank Sen. Matt  Schmit via e-mail at sen.matt.schmit@senate.mn or by writing him at 75 Rev. Dr. Martin Luther King Jr. Blvd., Capitol, Room G-24, St. Paul, MN 55155-1606. 

Let Sen. Schmit know you appreciate that he stood with us and fought to the end even when that meant standing up to powerful special interests and some Senate leaders. The bills he authored gave us the opportunity to fully address the scope of the problem, to show the depth of local opposition to the frac sand industry and what a comprehensive state level solution would look like.

For more information on this issue, contact LSP's Bobby King at 612-722-6377 or bking@landstewardshipproject.org.

Provisions pass that can make a difference if implemented aggressively by the Dayton administration.

Wrap-up & Action to Take on MN State Legislation to
Control Corporate Frac Sand Interests

We Fell Short on our Legislative Goals but Important Progress was Made 

During the recently adjourned session of the Minnesota Legislature, frac sand provisions were passed and signed into law, but they did not include a moratorium or a hard setback from trout streams. The provisions were part of the Omnibus Environment and Agriculture Finance bill signed by Governor Mark Dayton this week.The Senate floor vote on a setback from trout streams for frac sand mines ultimately did not happen. Before the vote could happen, Gov. Dayton met with industry representatives and withdrew support for a hard setback of a mile. After that, legislative leaders, industry representatives and state agency representatives developed provisions short of that, which were eventually added into the omnibus bill. (Details on those provisions are below.)

We called for legislation that put rural communities before corporate profits. We started the legislative session calling for a comprehensive approach to the threat the frac sand industry poses to southeast Minnesota. We called for an in-depth study that would be used to establish strong state-level regulations and appropriate fees and taxes. We wanted a moratorium to be in place while the study was being conducted and regulations adopted. This approach would also keep local control strong, allowing local government to keep their right to set stronger controls if they felt they were necessary

We had a big impact at the Capitol. LSP members and others packed hearing rooms. At the first three hearings, the rooms were filled to capacity with more supporters in overflow rooms. Literally busloads of southeast Minnesotans and others were at the Capitol to demand strong action. We garnered front page coverage in the Star Tribune, the Winona Daily News, the Winona Post, Red Wing Republican Eagle, the Rochester Post-Bulletin and many other papers time and time again. The Winona Daily News and Star Tribune weighed in with editorials in favor of what we were working for. Dozens of letters to the editors from around the region were published. 

The movement to control frac sand mining was strengthened. Local activists from around southeast Minnesota came together time and time again and made deeper connections on bus rides to the Capitol. The Land Stewardship Project, Save the Bluffs, Houston County Protectors, Winona Area Citizens Concerned About Silica Mining, Minnesota Trout Unlimited, Friends of Wabasha, Audubon Minnesota and others worked as an effective and unified coalition. The new documentary The Price of Sand was shown to crowds who moved from education to action.

Sen. Matt Schmit of Red Wing took up this cause with us. Sen. Schmit authored legislation that put a comprehensive approach forward, incorporating all the elements of what we wanted. Sen. Schmit pushed to the end to get as much passed as possible. Without his leadership, it is likely that no meaningful legislation would have passed. All the other legislators from the heart of southeast Minnesota — Sen. Jeremy Miller (Winona), Rep. Greg Davids (Preston), Rep. Gene Pelowski (Winona), Rep. Tim Kelly (Red Wing), and Rep. Steve Drazkowski (Mazeppa) — all sided with frac sand interests in opposing a moratorium, and none proposed any meaningful legislation on the issue.

Provisions pass that can make a difference if implemented aggressively by the Dayton administration. In the end, we did not win the comprehensive approach that was necessary to fully protect southeast Minnesota. Here is a summary of the most important pieces that did pass and how they could be helpful if aggressively implemented:

• In southeast Minnesota, frac sand mines within a mile of a trout stream are prohibited unless granted a “trout stream setback permit” from the Department of Natural Resources (DNR). The DNR Commissioner testified at the legislature that a mile setback is necessary to protect trout streams. We need the DNR to be consistent and deny these permits.
• Local governments can now extend moratoriums on frac sand facilities until March 2015 regardless of how long moratoriums have already been in place. State law limited local moratoriums to two years at most and some local governments are approaching this limit..
• The Minnesota Pollution Control Agency (MPCA) must create rules to address silica dust from frac sand projects. We need the MPCA to use this authority to set an ambient air quality standard this is enforceable at the property line of the frac sand facility.
• The DNR must create rules for reclamation of frac sand mines. Among other things, this must include posting a bond so that frac sand companies that go out of business or go bankrupt don’t shift this reclamation cost onto the public.
• For two years, the threshold for environmental review for frac sand mines is lowered from 40 acres to 20 acres and the environmental review requires studies dealing with water quality and quantity, air quality and traffic impacts.  
• During this two-year period, the Environmental Quality Board must update its environmental review rules to better address the frac sand industry. We need to ensure that, among other things, the new rules set strict standards on cumulative impacts and defining as one project multiple mines that will be operated or managed by the same owners.

All the provisions that passed in the bill can be found HERE. If you have other ideas about how these should be implemented or how they can help on the ground let us know.

speak to Governor Dayton directly

An opportunity to speak to Governor Dayton directly. We can share rides.  

Please let me know if you can go.  507/467-2157

Wishing you well,

Bonita

On Apr 26, 2013, at 1:02 PM, tillie81@hbci.com wrote:

Hi. I just heard from Bobby King. On Gov. Dayton's website he is slated to have a public meeting on Monday, April 29 More...

Chair (Tomassoni ?) said that they have mining up north, and the trout fishing is fine.

Dear Friends and Neighbors,   In yesterday's hearing, after testimony from DNR Commissioner Landwehr about how valuable our trout streams are and the need to protect them with a set-back for sand mines, the Chair (Tomassoni ?) said that they have mining up north, and the trout fishing is fine.  We continue to have opportunities to speak for what we value. Please call Governor Dayton today and be sure to mention that you want him to "Use his executive authority to enact a moratorium to protect the Department of Natural Resources Paleozoic Plateau Ecological Section."    He has the authority to do this for a geological region but not a political region. He can do this. His number is 1-800-657-3717 Sen. Matt Schmit's bill SF  796 sections 50 and 51 were defeated yesterday, with even some dems--Tomassini, Saxhaug and Sparks. Section 50 covered the 1 mile setback from trout streams, springs, fens and class 2a water. Again, this is within the DNR Paleozoic Plateau Ecological Section. Section 51 dealt with no DNR water use permits within the Dept. of Natural Resources Paleozoic Plateau Ecological Section in connection with frac sand mining or processing. Also, Within the areas of the Paleozoic Plateau Ecological Section no mining, etc. within 25 feet of our water table. Donna

No EIS for Rein

Aren't we lucky to live in a county where our commissioners are so far-sighted? They believe, because oversight is so important they fund it generously, they'll be able to monitor Rein and make sure he's being a good frac sand miner (how's that for a resume entry?). How cool is that?!

- not Bonita

Action Needed to Support Senate Bill

Action Needed to Support Senate Bill that Protects Southeast MN Trout Streams from Frac Sand Mining  

Bill to be heard as early as Wednesday, April 24, in Senate Environment Finance Committee

Working with Minnesota Trout Unlimited, Sen. Matt Schmit has included language in Senate File 796 protecting southeast Minnesota trout streams from frac sand mining and processing. SF 796 is the Omnibus Game and Fish Policy Bill and Sen. Schmit is the author. The provisions in the bill say that in southeast Minnesota:

• No frac sand mining is allowed within a mile of any spring, groundwater seepage area, fen, designated trout stream, class 2a water or any tributary of class 2a water or designate trout stream.
• The DNR cannot issue groundwater appropriation permits for frac sand-related activity, including frac sand processing.
• Mining frac sand within 25 feet of the water table is prohibited.

The bill applies these provisions in an area defined by the DNR as the Paleozoic Plateau (222) Ecological Section. This area generally encompasses Minnesota's five southeast counties. A detailed map is on the DNR’s website HERE.   

These provisions protecting trout streams would help dramatically in limiting the harm frac sand mining can do in southeast Minnesota and would go into effect immediately. As reported in a Rochester Post-Bulletin article, Gov. Mark Dayton has weighed in against supporting a moratorium at this time. Without a moratorium, we need standards in place NOW before any more frac sand mines or processing facilities are established in southeast Minnesota. The provisions in Senate File 796 are a good step in that direction.

TAKE ACTION! Senate File 796's next stop will be in the Senate Environment and Agriculture Finance Committee. It will likely be heard Wednesday, April 24, at noon in Room 107 of the Capitol. If you plan to attend the hearing, please e-mail me at bking@landstewardshipproject.org.

1.  Call or e-mail members of the Senate Environment and Agriculture Finance Committee and urge them to support these critical provisions protecting trout streams in southeast Minnesota from frac sand mining.

Here is a suggested message for the committee members: “I live in southeast Minnesota. As a member of the Environment and Ag Finance Committee, you will soon be hearing Senate File 796, the Omnibus Game and Fish Policy Bill. This bill has important provisions to protect southeast Minnesota’s trout streams from frac sand mining and processing. The karst topography in southeast Minnesota creates conditions for cold streams and some of the best trout fishing in the country. However, it also allows for these streams to be easily polluted. The state has invested millions in maintaining these trout streams and trout fishing is an important economic industry in our area. Sen. Matt Schmit has included provisions in the bill for southeast Minnesota that prohibit frac sand mining activity within a mile of sensitive trout streams, prohibit groundwater from being used for frac sand mining and processing, and prohibit frac sand mining within 25 feet of the water table. These are common-sense provision needed to protect southeast Minnesota’s trout streams. Please support these provisions and oppose attempts to remove them from the bill.”

Members of the Senate Environment and Agriculture Finance Committee:

• Sen. Rod Skoe (DFL), 651-296-4196 or sen.rod.skoe@senate.mn
• Sen. Dan Sparks (DFL), 651-296-9248 or sen.dan.sparks@senate.mn
• Sen. Carrie Ruud (R), 651-296-4913 or sen.carrie.ruud@senate.mn
• Sen. Kari Dziedzic (DFL), 651-296-7809 or use contact form
• Sen. Tom Saxhaug (DFL), 651-296-4136 or use contact form
• Sen. Foung Hawj (pronounced “her” ) ( DFL), 651-296-5285 or sen.foung.hawj@senate.mn
• Sen. Bev Scalze (DFL), 651-296-5537 or sen.bev.scalze@senate.mn
• Sen.  Scott Dibble (DFL), 651-296-4191 or sen.scott.dibble@senate.mn
• Sen. David  Osmek (R), 651-296-1282 or sen.david.osmek@senate.mn
• Sen. Bill Ingebrigtsen (R), 651-297-8063 or sen.bill.ingebrigtsen@senate.mn
• Sen. Bill Weber (R), 651-296-5650 or sen.bill.weber@senate.mn
• Sen. Torrey Westrom (R) or sen.torrey.westrom@senate.mn

2.  Call Governor Dayton at 651-201-3400 or 800-657-3717 or e-mail him HERE.

Here is a suggested message for Gov. Dayton:  “I live in southeast Minnesota and am very concerned about the harm the frac sand industry poses to my community. I was disappointed when you said that you do not support a moratorium on frac sand mining at this time. I believe it is critical that we get strong state standards in place before this industry pollutes the air and water and destroys roads in southeast Minnesota like it has in western Wisconsin. I believe it makes sense to have a moratorium while those state standards are created. However, without a moratorium we must have strong standards for southeast Minnesota now. Sen. Matt Schmit has included provisions in Senate File 796 for southeast Minnesota that prohibit frac sand mining activity within a mile of sensitive trout streams, prohibit groundwater from being used for frac sand mining and processing, and prohibit frac sand mining within 25 feet of the water table. While more is ultimately needed, these standards are a good start and I would like you to publicly support them and work for their passage. Without a moratorium we need standards like this in place now."

---

Update on other key frac sand bills. Both the Senate and House Omnibus Environment and Agriculture Finance Bills contain frac sand provisions. Senate File 1607 and House File 976 have both passed off the Senate and House floors. They are now headed for a conference committee to have the differences reconciled. The conference committee members have not yet been named. As soon as this happens, look for an LSP action alert.

SF 1607 has the stronger frac sand provisions. The following provisions are only in SF 1607:

• For one year from passage of bill, all frac sand mines that will be over 20 acres in size and at least 10 feet deep require an environmental assessment worksheet.
• The Environmental Quality Board must amend the environmental review rules for frac sand facilities to take into account increased activity and concerns over the size of specific operations.
• Local governments can extend local moratoriums to March 1, 2015, no matter how long they have already been in place.  

Both bills contain provisions that require the Minnesota Pollution Control Agency to adopt rules for the control of particulate emissions from frac sand mines, the Minnesota DNR to adopt rules for reclamation of frac sand mines, and for the Minnesota Department of Health to adopt air quality standards. Both require that state agencies create a technical team to help local government and to create model ordinances for local governments to use.

Decision on Need for EIS for Rein

The Draft Findings of Fact & Conclusions Re: Decision on Need for EIS for Rein's is on the Fillmore County Zoning website. 

This is dated to be presented at Tuesday's (April 23) Commissioners' Meeting 9:00 am, Preston Courthouse.

Gov Dayton is doing another public meeting

   Meeting with Mark

Monday, April 22 at 6:00pmAlbert Lea High School Auditorium
2000 Tiger Lane

Albert Lea, Minn.

Gov Dayton is doing another public meeting like the one he did Rochester in Albert Lea.

  It would be good to have a group there to ask him to support the language in SF- 796 creating setback from trout streams, no mining within 25 feet of water table and no water appropriations for southeast Minnesota and for strong STATE action in general.

  At his meeting in Mankato last week there were a crowd of employees from Jordan Sands who spoke against raising taxes on the frac sand and against a moratorium 

  Dayton only talked about support “for ways to help local governments make responsible decisions.”  He needs to know we want MUCH more than that.   

  Reply if you can. It would be good to have at least 10 people there.

 

we need to do something very very soon!

The legislative session is drawing to a close, and things are moving  quickly. Sen. Mat Schmit's bill SF 786 which asked for the things we wanted - a GEIS, a moratorium, state permitting and standards is probably dead. Sen. Schmit has another bill, SF 796 the Game and Fish Bill, which calls for setbacks for frac sand mining from springs and  trout streams, and limits how close mining can come to the water table. It is a good bill and is receiving support (and being resisted by industry). It will be heard the week of 4/22 in the Sen. Environment & Ag Finance Committee. The bill that is gaining traction is HF 976. The industry likes this bill and it  does NOT address our concerns. It sets up a model ordinance and a technical team and could later be held up to say "See, we did something".  It has neither strong state pollution standards nor funding by the industry to pay for permanent damages it will make to our fragile karst region. What you can do today. Call or email Gov. Mark Dayton (800-657-3717 or google him for his email form) and tell him: (in your own words) We in S.E. Minnesota need you to be engaged in the frac sand issue before it's too late. We're disappointed that you didn't support a moratorium and wish you would change your mind. We need strong standards enacted in this session. HF 976 the EQB model ordinance does not address our concerns. Please support SF 796 the Game and Fish bill, which will help protect our ground and surface water. A call or email to Sen Schmit (651-296-4264  sen.matt.schmit@senate.mn) would be good as well. He will be getting a lot of pressure from here on out. Thank him for all his work on SF 786 and tell him how important SF 796 is to you and why, and encourage him to hang in there. Thanks for your help.

State wants Fillmore County silica-sand quarry part of bigger EIS

Fracking and Frac Sand Mining MPR: Frac sand mining: What are the alternatives? MPR: Slowing frac sand industry leaves mark on SE Minn. Rochester Post Bulletin: State wants Fillmore County silica-sand quarry part of bigger EIS Winona Daily News: Planning commission balks at frac sand traffic studies

What could possibly go wrong? Right?

posted on "go left" Facebook page

This is one of our last chances to be heard before the legislation session ends!!!!

 On short-notice, please spread the word to phone in  and show up if you can.

Wishing you well,

Bonita

Here we go again. It's important. Let Amanda know if you can join us. 

FORWARD THIS MESSAGE ON PLEASE:

SE MN EXPRESS

GET IN THE VAN!!!

This is one of our last chances to be heard before the legislation session ends!!!!

JUST IN!!!  

Travel to the capitol (see below) or make calls to the:

Environment, Economic Development and Agriculture Division.(click the link)  

Tomorrow, testimony will be heard on both SF786 (the one we like) and SF1018.  The committee is NOT going to vote, but will however lay them over for the omnibus bill.  The OMNIBUS hearing will be held the following day, Thursday April 11th at 12 - 2:30pm and  6pm -?.   

WE MUST CALL AND/OR GET ON THE BUS TO SUPPORT THE FOLLOWING:

Need for a GEIS:

Local governments need solid, research-based information on which to base their regulations. The state doesn't have this information. They need to study the topic to get the information.

Need for a moratorium:

Local governments need the time to get the information and integrate it into their regulations.

"NEWS" TO PASS TO SENATORS:

The frac sand industry in Wisconsin has destroyed rural communities and flouted pollution regulations. In a recent article, a Wisconsin Department of Natural Resources official said he “expects 90 percent of companies in a regulated industry to comply with rules on their own. But in his visits to a dozen frac sand facilities, [DNR official] Sellers encountered the opposite pattern, and he sent letters of noncompliance to 80 to 90 percent of the sites.”  The article says nearly a fifth of all Wisconsin frac sand facilities were cited for environmental violations last year (La Crosse Tribune: “Growing frac sand industry faces DNR violations, warnings,” March 3, 2013).

I have rented a 14 passenger VAN leaving for the capitol tomorrow.    

VAN Information/Schedule:

To reserve your seat please contact:
Amanda Griggs: 507-896-2165 / griggsamanda1@gmail.com
2:15 PM Houston 

Barista's Coffee House. (Barista's will open at 6:30 AM)

2:25 PM Rushford 

Lynndyn-Bridge Restaurant (102 West Jessie St.)

3:00 PM Winona 

JC Penney parking lot (Hwy. 61 and Pelzer St.)

3:45 PM Wabasha

City of Wabasha overflow parking lot across from Supervalu

4:30 PM Red Wing 

Target Store parking lot just off Tyler Road on the north side of town

5:30 PM Arrive at the Capitol

6:00 PM Hearing: RM112 Capitol 

Please pack a lunch, as no meal stops are planned.  

We can either come home or stay over night to attend the omnibus bill hearing the next day at 12-2:30?  

Please let AmAndA know what your preference is!!!

Environment, Economic Development and Agriculture Division:  

(click on this link for member contact informations)

Wednesday, April 10, 2013 Environment, Economic Development and Agriculture Division Chair: Sen. David J. Tomassoni 06:00 PM Room 112 Capitol Agenda:   S.F. 786 Schmit Silica sand mining provisions; southeastern Minnesota silica sand mining joint powers board authorization. S.F. 1018 Schmit Silica sand and nonmetallic minerals mining model standards and criteria

THANK YOU!!!!

AmAndA S GriGGs

507-896-2165

AmAndA S GriGGs

507-459-6700

Tomorrow morning (Tuesday, April 9) - Commissioner's regular meeting

Dear Friends and Neighbors,   Tomorrow morning (Tuesday, April 9) at the Commissioner's regular meeting there will be a chance to show/speak up to have the Rein sand mine project included in the joint EIS to be done by the EQB.   Numbers of people attending can matter!   Zoning Administrator Chris Graves was quoted in the Post-Bulletin (3/21/13) as saying, when the Rein mine got its permit in 2010, "there wasn't a soul that cared,"..."they have been good about reclamation." Although there were 16 public comments to the EAW, the article said, "About a dozen people or governmental agencies commented on the document."------minimizing.   If you or anyone you know can attend, please encourage it by carpooling.  If people have already spoken, their presence is a solid reminder. If people have not yet spoken, three or four sentences will be enough to build the public record.   The decision before the Commissioners is to decide if there is        POTENTIAL  FOR  SIGNIFICANT  ENVIRONMENTAL   IMPACT.   If so, the law says they must call for an EIS.   This decision is not to be based on:       Personality of the applicant;       Previous business dealings (aggregate for local roads & projects);       Minimizing serious risks noted by MPCA & State Dept. Health and citizens;       Hope that we can pass up the chance now to get better information on areas of serious concern, and then, when the inevitable troubles occur, we can "work them out" well enough to protect the health, safety, and general welfare of the public into a sustainable future.         Skimming over questions about protecting our aquifer in our fragile and active karst geology does not deal with those questions.       Harvey and I will have to miss tomorrow's meeting, but shall be grateful for your efforts.  Thanks for your energy and wishing you well, Bonita

We have time to write letters-to-the-editor

 We have time to write letters-to-the-editor before the Commissioners' "decision meeting" on April, 23.  

Letters submitted to the Fillmore County Journal need to be in by Tuesday (April 9) noon to be published on April 15 and spread the message.  

Once you have a letter written, might as well submit to the region's newspapers: Bluff Country Reader, Houston Banner, Winona Daily News, Winona Post, Spring Grove Herald, Rochester Post-Bulletin, Minneapolis Star Tribune.

Brief (125-150 words) letters that mention "our region" or "Bluff Country" are likely to be printed in more papers than if it only refers to "Fillmore County."

We have 2 weeks to impact legislation

We can do this.  Please pass the word along.

A message from save the bluffs....

 We have 2 weeks to impact legislation on frac-sand mining at the MN State Capital. Please share. Please attend. The following dates and times have been confirmed. 
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