The public hearing regarding the renewal of Sargent Sand Company's permit, from Michigan DEQ, to mine sand in the Ludington Dunes, is over. As well, the comment periods have been completed.

 

DEQ's Oil, Gas, and Minerals Division has assessed these comments, and reached a decision to renew the permit, with virtually no changes.

 

The decision can be viewed HERE. The issued permit can be viewed HERE.

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DEQ-OGMD responded to all written and oral inputs. The response was extensive, for which we are grateful. But, the final decision is, in the end, drawn very narrowly.

 

For further expansion of the dredge pond, an Inland Lakes and Streams permit, under MNREPA Part 301, will need to be obtained. Some future care may be taken with respect to endangered plants, namely Pitcher's Thistle. Some increased observation and monitoring of geomorphology effects will be done, with possible mitigations (e.g. plantings to achieve a wind break) implied.

 

No updates or improvements to the EIR (link) will be required. No steps relative to public and private property degradation will be taken.

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In particular, DEQ-OGMD declined completely to exercise its authority under Limitation E of the permit, which has been in place continuously since the original permit of 1981, but under which Sargent Sand has been arguably out of compliance during the permit covering 2012 through 2016. (Limitation E regards injury to private property, and invasion of public or private rights.)

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DEQ-OGMD also declined to address the MNREPA statute provisions relative to alternative sites for the Ludington Dunes mining activity. DEQ-OGMD allowed the 1979 EIR (written by a Sargent Sand employee), to be accepted verbatim, even though the EIR contains multiple, substantive errors. In particular, the EIR claimed no alternative sites existed, and DEQ-OGMD continues to accept this finding without question; whereas, the State-solicited 1979 study by S. Paul Sundeen identified six alternative sites, which would satisfy (and would have satisfied) the MNREPA provision.

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The decision is disappointing, but not surprising.

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We continue to focus upon the next steps we may take. The list is shown below:

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1. --> Sargent Sand Company, and Michigan DNR, had been discussing the possible transfer of all, or a portion, of Sargent's Ludington Site to DNR for inclusion in Ludington State Park. According to confirmation from both Sargent Sand and DNR representatives, these discussions had been ongoing since at least May. The discussions are specifically NOT characterized as negotiations. We want you to write letters, both to Sargent Sand Company, and to Michigan DNR, in support of these discussions. Letters should be copied to various local and state and national governmental representatives. Details of our position, and our suggestions for what you can do, can be found HERE.

2. --> We will continue to gather evidence regarding the issues raised during the 2016 permit review process. For instance, wind storms during the December 20-22, 2016 period caused large loads of sand to blow off Piney Ridge, onto both State and private lands. 

3. --> Sargent Sand representatives have made claims regarding the history of natural resource development -- particularly regarding logging and mining -- in the Ludington Dunes. These claims are at odds with personal experience of, and anecdotal testimony from, long-time residents along Piney Ridge Road. These claims, unsupported, appear only in the 1979 EIR, and so far to our knowledge in no other public records. We are investigating this history. If you have information, or can direct us to sources of information, please share with us, we would be grateful!