Tomorrow afternoon, the LaSalle County Board will vote on a resolution to place a temporary moratorium on new silica sand mining operations. The county is currently working to update its Comprehensive Plan, a document they regularly rely upon to make land-use decisions. The moratorium will not only (temporarily) stop new mines from going in, but will also allow community members to weigh in on the plan revision and future zoning restrictions that protect unique and special places in the area. That’s the good news.

Unfortunately, the resolution will not retroactively change past land-use decisions, particularly one that involves a 24-hour, 7-days-a-week, open-pit silica mine next to Illinois’ most-visited state park. Although the moratorium will not stop the mine adjacent to Starved Rock State Park, if passed, it could open a constructive dialogue about the implications of widespread silica mining on land use, public health, and the environment. If you live in LaSalle County, and you’re concerned about the impacts of silica mining, tell your local elected officials to vote in favor of the moratorium.

**Updated on April 12, 2013:

Temporary moratorium passes!

The Times: Environmentalists laud county sand mine moratorium (April 12, 2013)

In a rare find, freshwater shrimp officially known as Mississippi grass shrimp have been found in the Des Plaines River. Shrimp are an indicator of cleaner water systems, so it’s a good sign that the Des Plaines River’s aquatic habitats are improving. You can see from the photo below why they are also known as glass shrimp. This is the first documentation of this species in Lake County.

Photo by David Argent, courtesy of USGS

Prairie Rivers Network also gets a mention in the same article for our joint statement with the Sierra Club and Openlands criticizing the Illinois Environmental Protection Agency’s decision to grant a wastewater discharge permit to Mississippi Sand, LLC. The permit would allow Mississippi Sand to discharge up to 5.1 million gallons a day of wastewater from its planned mining operation adjacent to Starved Rock State Park, into Horseshoe Creek, which flows through the park. Introducing that much water will likely cause damage to Horseshoe Creek and destroy its low-flow ecosystem.

This decision enables the degradation of the irreplaceable natural and recreational value of Starved Rock. In particular, IEPA’s granting the permit without holding a public hearing to listen and to respond directly to numerous public concerns about the mining operation’s environmental and economic impacts is simply inadequate. Read our full statement here and see our previous article about this issue.

Read the full article in the Lake County Sun-Times. (pdf)                                                           Share this story!

Failed to Comply with Legal Requirements in Permit Review Process

Springfield, IL – On December 12th, the Sierra Club, Prairie Rivers Network, and Openlands filed a complaint in Circuit Court in Springfield, Illinois demanding judicial review of a massive open pit silica sand mining permit granted to Mississippi Sand, LLC by the Illinois Department of Natural Resources (IDNR) Office of Mines and Minerals. The complaint alleges that IDNR failed to protect Starved Rock State Park—one of the most beautiful and popular state parks in Illinois—when it approved an 80-acre open pit mine to harvest and process silica sand for use in the hydraulic fracturing (or “fracking”) natural gas extraction process. The permit clears the way for Mississippi Sand, LLC to start blasting the sand, mining it to about 80 feet over the span of 10 years, leaving a large reclamation lake on the site.

About the Complaint

The 24-page complaint alleges that the Office of Mines and Minerals failed to follow state law—as well as its own guidelines—in reviewing the permit for Mississippi Sand, LLC’s permit. Mississippi Sand provided incomplete and inaccurate information in its mining permit application to the Office of Mines and Minerals. The Office of Mines and Minerals approved its reclamation plan and map, even though Mississippi Sand couldn’t follow certain parts of it within the approved mining area. The Office of Mines and Minerals didn’t fully consider 13 factors that address natural resource impacts, including the short and long term impact of the proposed mining on vegetation, wildlife, fish, land use, land values, local tax base, the economy of the region and the State, employment opportunities, air pollution, water pollution, soil contamination, noise pollution, and drainage, as required by the Surface Mined Land Conservation and Reclamation Act and its regulations. The Office of Realty and Environmental Planning didn’t perform a proper natural areas consultation under the Illinois Natural Areas Preservation Act. As a result the Office of Mines and Minerals made an arbitrary and capricious decision by issuing the permit. For this reason, Sierra Club, Prairie Rivers Network, and Openlands are asking the Sangamon County Court to void the mining permit.

Concerned citizens protest the proposed mine earlier this year

About the Potential Effects of the Mine

The operation would erode the natural value of the park for both people and wildlife, as well as tarnish a major driver of the local economy. The mine will pump up to five million gallons a day of water from its operation and stormwater into Horseshoe Creek, which runs through Starved Rock State Park. Introducing that much water will likely cause damage to Horseshoe Creek and destroy its low-flow ecosystem.

Despite their concerns, local residents were not allowed an opportunity to speak formally with the Office of Mines and Minerals. In not considering the opinions and impacts to local citizens, the Office of Mines and Minerals neglected to consider the full, long-term impacts for this mine with respect to how it will impact adjacent landowners and local businesses that depend on the health and natural beauty of the area.

“The granting of this permit highlights the Illinois Department of Natural Resources’ inherently conflicting roles of promoting conservation and permitting natural resource extraction,” said Elliot Brinkman, Habitat Conservation Specialist with Prairie Rivers Network. “Until these roles are reconciled, we can expect to see IDNR’s Office of Mines and Minerals continue to allow risky mining projects that jeopardize the special places and resources the Department holds in public trust.”

“If the permitting process followed by the Illinois Department of Natural Resources can fail at Starved Rock State Park, our premier state park, it can fail anywhere,” said Openlands president Jerry Adelmann. “IDNR has long been, and will continue to be, a valued partner of Openlands and many other conservation organizations in Illinois. However, in granting this permit, the Office of Mines and Minerals did not adhere to procedures required by state law, and this forced us to stand up for what we believe through this action.”

“Starved Rock is one of the crown jewels of Illinois’ state park system, and we count on IDNR to protect it for future generations,” said Jack Darin, Director of Sierra Club, Illinois Chapter. “It is not only a very special place to people from all over Illinois, but an important economic asset for Illinois River valley communities.”

The plaintiffs are represented by Mark Templeton and students of the Abrams Environmental Law Clinic of the University of Chicago Law School, Albert Ettinger (Chicago), and Eric Schwing (Springfield).

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CONTACT:
Cindy Skrukrud, Sierra Club Illinois Chapter: (312) 251-1680 x110, 815-353-5123 (cell)
Elliot Brinkman, Prairie Rivers Network: (217) 344 – 2371 x 202
Jerry Adelmann, Openlands: (312) 863-6260

Press Coverage (updated on February 7, 2013)

Read all about it in the Chicago Tribune here (PDF) and here (PDF), State Journal Register (Springfield) (PDF), Quad City Times (no link available), Bloomberg Businessweek (PDF), Rockford Register Star (PDF), WREX (Rockford, IL) (PDF), Illinois Valley News Tribune (no link available),  Peoria Journal Star (PDF), Fox 32 Chicago (no link available), Chicago City & Press (PDF), SaukValley.com (PDF), and The Pantagraph (Bloomington, IL) (PDF), The Republic (Columbus, IN) (PDF), and The Morris Daily Herald (Grundy County) (PDF).

The proposed mine would be located directly across the road from the park. The sand from the mine will be used for natural gas “fracking,” a controversial process used to mine greater stores of natural gas.  Prairie Rivers Network and others are concerned that noise and dust from the mine will negatively impact the people and wildlife that use the park.

Read this story, published June 4, 2012 in Midwest Energy News and our previous posts about the mine.

Earlier this year we learned of a proposed sand mine to be located near the entrance of Starved Rock State Park. We were concerned because the sand mine (for sand to be used in the natural gas extraction or “fracking” process) could drain a rare, brackish wetland, with high quality plant communities and specific habitat for threatened and endangered species. The noise generated from blasting and constant truck traffic will have a negative impact on the wildlife populations that inhabit the area. We issued an action alert and have been monitoring the process with other partners.

Prairie Rivers Network, along with other groups and citizens have rallied in support of a transparent decision-making and permitting process and requested that IDNR hold a public hearing on the matter. In March, the LaSalle County Board voted against holding a public hearing on the mining company’s reclamation plan, denying citizens this opportunity to voice their concerns.

We have therefore worked hard to find another way for your voice to be heard. Our push for transparency and public involvement in the permitting process has paid off! The upcoming Public Availability Session is a result of our effort to allow concerned citizens’ voices to be heard.

When: May 23rd, 6-9 PM

Where: IL Valley Community College, 815 North Orlando Smith Street, Oglesby, IL

If you go, and we hope you do, here’s what you need to know:

A Public Availability Session is an open house format where agency representatives will address questions and concerns regarding permitting and also accept written comments. YOU can have one-on-one access to agency officials and the opportunity to have all your questions answered!

The Illinois EPA will answer questions about the permits which Mississippi Sand needs from the Bureau of Air for the mine’s air emissions, and from the Bureau of Water for construction activities. The Department of Natural Resources and Historic Preservation Agency will also have representatives at the Availability Session and will be providing information to the public concerning their roles in evaluating the project. Mississippi Sand representatives will also be present.

At the session, IEPA will solicit written comments from the public. Comments regarding the air and water impacts will become part of the record on those permits and IEPA will pass on comments on other aspects of the project to the other agencies.

More resources:

Illinois EPA’s Public Availability Session Notice

Talking points developed by the Sierra Club for the hearing

Provide comments to the EPA through Sierra Club

Past media coverage:

Lt. Gov and NGOs call for public hearing; it gets rejected by LaSalle County Board

http://www.sj-r.com/breaking/x503112894/Lt-Gov-Simon-wants-hearing-on-sand-mine-near-Starved-Rock

http://www.mywebtimes.com/archives/ottawa/display.php?id=452047

IDNR citizen complaint letter

http://newstrib.com/main.asp?SectionID=2&SubSectionID=27&ArticleID=18190