Rock mining could be issue at Legislature

'The legislature finds that certain of Minnesota's rivers and their adjacent lands possess outstanding scenic, natural, historical, scientific and similar values. It is in the interest of present and future generations to retain these values, and a policy of the state, and an authorized public purpose to preserve and protect these rivers.'

--Minnesota Wild and Scenic Rivers Act

By FRITZ BUSCH

Journal Staff Writer

REDWOOD FALLS -- Conservationists -- particularly those opposed to more liberal mining laws along Minnesota's designated Wild and Scenic rivers -- will likely pay close attention to the 2004 Minnesota legislative session that begins Feb. 2.

While Gov. Tim Pawlenty is expected to propose a special fund to pay for cleanup of impaired waters, legislation that would allow more liberal mining near Minnesota's Wild & Scenic Rivers could be an even hotter issue.

Designated river segments include the Minnesota River, from Lac Qui Parle dam to Franklin; and parts of the Mississippi, Kettle, Rum, St. Croix, Cannon and North Fork of the Crow rivers.

Conservationists insist that Renville County commissioners acted illegally when they granted a mining permit to Duininck Brothers Construction Co. of Prinsburg to mine 20 acres of gneiss and granite rock outcropping east of Redwood Falls several years ago.

The issue came to light last year when Renville County commissioners disregarded their own legal and staff advice and granted Duininck Bros. another mining permit for about half the amount of land the original permit included. The latest permit put the mining area out of sight from the river and road and included site cleanup and restoration.

Dave Leuthe, regional hydrologist for the New Ulm regional office of the Department of Natural Resources, said that after reading the Renville County Board's recommendations, he learned legislation to allow more mining near Minnesota's Wild and Scenic Rivers could be considered.

"That would be of big concern to us," Leuthe said. "What's driving this is the federal highways administration and transportation department's need for more angular rocks for new road standards."

Leuthe said the exposed rock in the Minnesota River valley is the cheapest and easiest to mine. He hopes for legislation that would protect environmentally-sensitive areas from mining.

Scott Sparlin of New Ulm, the executive director of the Coalition for a Clean Minnesota River, said his organization is not against mining and commerce -- it just want laws enforced.

"When something is designated by law and legal parameters are established, you're supposed to stick with that," Sparlin said. "If you need sand, gravel and rocks, get it from a legal operation. Why are we allowing Renville County to do this?"

Sparlin said the issue has ramifications far beyond Renville County. He added that more liberal mining laws could spread operations to other protected areas of the state.

"Let's hope good, common sense prevails in this situation. Leadership on issues like this should start at the top level of state government," Sparlin said.

Tom Kalahar, technician for the Renville County Water and Soil District, said public servants don't have the luxury of saying they don't care what the law says.

"People make mistakes, but should we continue to make it? Once you find out you are in violation of the law, you should stop," Kalahar said.

He added that it may take a lawsuit by private conservation groups like the CCMR to stop the mining.

Kalahar said the area being mined is rich in American Indian heritage, but there has been no input from any tribal members yet on the issue.

Renville County Commissioner Paul Setzephant of Bird Island has asked for research to find out if the law really prohibits rock mining, and for two more years time so the Legislature can make changes if it is.