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E-M:/ RE: / Re: / Judge OKs dune waste pipe

Enviro-Mich message from "Tanya Cabala" <tcabala@lakemichigan.org>

Any yet one more clarification on this issue --

Cynthia is correct to note the involvement of the Lake Michigan Federation, and yes, it could be characterized as limited at this point, in that we have not been able to put a staff on the issue full-time.  

This is an unfortunate characterization, however, because the Federation has been actively and continuously involved in the Nugent sand mining issue since at least 1999, when we called for a public hearing on the site's mining permit renewal.  When a hearing wasn't held, we held our own public meeting and forwarded citizen concerns to MDEQ and then Governor Engler. That, along with active citizen protests, prompted the state to require Nugent to determine the source of groundwater contamination and begin to take steps to resolve it.  Since that time, Jamie Morton on our staff has continuously "dogged" this issue, contacting state officials, and staying in touch with local residents.  Too, the Federation provide oficial comments on the NPDES permit to discharge to the lake and the groundwater discharge permit.  We were not able to comment on the dune pipe construction permit, as it was not public noticed, even though we were in regular contact with MDEQ.  

This is consistent with one of the important roles we envision for the Federation -- working with local citizens on environmental protection. 

Tanya Cabala, Michigan Director
Lake Michigan Director 

-----Original Message-----
From:	Cynthia  Price [mailto:skyprice@iserv.net]
Sent:	Fri 2/27/2004 5:17 PM
To:	Chris Grubb; enviro-mich@great-lakes.net
Cc:	huronecologic@netzero.net
Subject:	E-M:/ Re: / Judge OKs dune waste pipe
I'm sorry -- I should've sent out a general notice to Enviro-Mich with that
information long ago.

The Muskegon Save Our Shoreline group has been in existence since 1974 and
was originally formed to oppose a steel mill on the shores of Muskegon Lake,
in which effort they were successful. (By the way, Muskegon Save Our
Shoreline is the official legal name of the group, not simply Save Our
Shoreline.) We were very distressed when the other Save Our Shoreline group
started using a similar name, since it was apparent our goals were not at
all similar. At that time I resolved to at least get that message out to
Enviro-Mich, but lately have been waiting to make a general posting on the
Nugent Sand situation. Now that the ALJ's decision is out, I should've done
so right away, but Hamiltreef beat me to it!

Our purview is the "shoreline" in the Muskegon area, which has commonly been
interpreted to mean just that of Muskegon Lake, but because this Nugent Sand
issue is extremely pressing we have expanded that to mean any shoreline in
Muskegon County. Lake Michigan Federation, who would obviously cover this,
has worked with us on this to the best of their ability with limited staff.

I very much appreciate Bill Collins' comments (as well as Chris Grubb's)
because we would like any and all input on what to do next. Individual
Muskegon SOS members have contacted some E-Mers one-on-one, but there may be
many of you out there who could offer advice. I'm hoping Steve Chester will
find it in his heart to side with his own team, especially since I've read
the "Proposal for Decision" and it's full of legal holes. If not, we need to
weigh all our options. A lawsuit has always been a strong contender, so I
thank Mr. Collins for the MEPA reference.

Please feel free to reply to me off-list if you don't think the subject is
of general interest.

Cynthia Price, Secretary-Treasurer, Muskegon Save Our Shoreline
>From: "Chris Grubb" <chrisgrubb@watershedcouncil.org>
>To: <enviro-mich@great-lakes.net>
>Cc: <huronecologic@netzero.net>
>Subject: RE: E-M:/ Judge OKs dune waste pipe
>Date: Fri, Feb 27, 2004, 11:42 AM

>Enviro-Mich message from "Chris Grubb" <chrisgrubb@watershedcouncil.org>
>Just for clarification, I think the Save Our Shoreline group referred to
>in the original message is from the Muskegon area and is focused on
>protecting sand dunes in that area. They unfortunately share a name with
>another SOS group that must of us know about. 
>Chris Grubb, Program Assistant
>Tip of the Mitt Watershed Council
>426 Bay Street
>Petoskey, MI 49770
>(231) 347-1181 ext. 118
>email: chrisgrubb@watershedcouncil.org
>-----Original Message-----
>From: Huron Ecologic LLC [mailto:huronecologic@netzero.net] 
>Sent: Friday, February 27, 2004 12:02 PM
>To: Enviro-Mich
>Subject: Re: E-M:/ Judge OKs dune waste pipe
>Since SOS owns our shoreline, I'm not sure whether to say more power to
>the ALJs or that this is an excellent opportunity for SOS to educate
>themselves and work with Michigan environmentalists on a MEPA suit. This
>is just one of many egregious decisions by these ALJs we have studied.
>The EPA was even critical of them in its review of Michigan's wetland
>program. Engler used his imagination to get what he wanted, and I can
>only hope this administration would do the same. One way or another,
>Granholm should get the DEQ out from under these ALJs to the extent
>possible (understanding that most agency decisions are subject to
>administrative review), whether by recombining the DEQ with the DNR (and
>saving $$ while we're at it), creating the promised NRC-type citizen
>commission for the DEQ, or reorganizing the Civil Service Commission. In
>other words, "Her Majesty" should get a "bustle" in the "hedgerow" and
>do a little "spring clean for the May Queen".
>  FALL 2002:
>  Key elements of the Granholm/Cherry environmental plan
>  * A ban on new sand dune mining in coastal dunes.
>  * Expansion of Michigan's bottle deposit law to generate
>additional revenue 
>  for the Natural Resources Trust Fund for purchasing
>critical dunes and 
>  habitats.
>  * Creation of a citizen oversight commission for the DEQ
>to assure public 
>  participation in decisions on sand dune protection and
>other critical 
>  environmental issues.
>  * Protection of more than 12,000 acres of critical dunes
>identified by 
>  scientific experts but never brought under protection by
>  Engler-Posthumus Administration.
>  * Vigorous enforcement of environmental laws and a crack
>down on polluters. 
>Bill Collins
>Huron Ecologic, LLC
>3335 Crooks Road
>Rochester Hills, Michigan 48309 USA
>phone & fax: 248-852-4682 
>e-mail: huronecologic@netzero.net <mailto:huronecologic@netzero.net> 
>Huron Ecologic provides wetland delineations, wetland permitting,
>wetland mitigation design & monitoring, tree inventories, botanical &
>ecological surveys, natural area protection, nature education, and
>technical training.
> -----Original Message-----
> From: HAMILTREEF@aol.com <mailto:HAMILTREEF@aol.com>  <
>HAMILTREEF@aol.com <mailto:HAMILTREEF@aol.com> >
> To: enviro-mich@great-lakes.net
><mailto:enviro-mich@great-lakes.net>  < enviro-mich@great-lakes.net
><mailto:enviro-mich@great-lakes.net> >
> Date: Thursday, February 26, 2004 12:11 PM
> Subject: E-M:/ Judge OKs dune waste pipe
> Judge OKs dune waste pipe
> A state judge recommended Wednesday Nugent Sand Co. be allowed
>to build a pipeline through a protected 4,000-year-old Lake Michigan
> Saying the environmental impact of millions of gallons of
>treated wastewater flowing over the Lake Michigan beach will be minimal,
>Michigan Department of Environmental Quality administrative law judge
>Richard A. Patterson sided with Nugent. He overturned a denial of the
>permit by the DEQ's Grand Rapids district office. 
> Darlene DeHudy, vice-president of Save Our Shoreline, a local
>citizen's group opposed to the project, blasted Patterson's decision. 
> "The public is nearly unanimously against the Nugent pipeline
>and discharge into Lake Michigan," said DeHudy. "Twenty-five
>organizations and three municipalities have declared opposition to the
>project. Over 1,250 letters and signatures have been delivered to Gov.
>Granholm opposing the project." 
> The case then goes before DEQ Director Steven Chester, who will
>make the agency's final decision on Nugent's request.
> "The director can accept it, reject, modify it or send it back
>for a rehearing," said Dennis Mack, an administrative law judge with the
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