DNR wants say in Redwood Falls mining issue

Says it must stop

by Jan. 1, 2006

By FRITZ BUSCH

Journal Staff Writer

REDWOOD FALLS -- The Minnesota Department of Natural Resources wants input on the Processing and Reclamation Strategy Agreement regarding Duininck Brothers Construction Co.'s mining operation in the Minnesota Wild and Scenic River District in Beaver Falls Township.

Assistant DNR Commissioner Brad Moore wrote a letter dated April 21, 2004 to Renville County Board of Commissioners Chairman Ralph Novotny about terms and conditions for elimination of the mining operation at the Duininck site east of Redwood Falls by Jan. 1, 2006.

"As you have been informed by our staff, mining in the scenic district of the Minnesota Wild and Scenic River is prohibited by state law and county ordinance," Moore wrote in the letter.

Moore said the most important issue is that mining in the scenic district cease and that no future bedrock mining be allowed in it.

The DNR agreed that the County's exit strategy was a reasonable approach to allow time to finish work started and finalize site reclamation. It did not agree that allowing an additional acre disturbance proposed for the Southwest portion of the mining site nearest the river was appropriate.

The area flagged by the Soil and Water Conservation District staff included land that is sloped toward the river and only marginally screened from view of the river by a few trees.

The DNR requested that a different staging area be used on a different portion of the disturbed site to avoid new encroachment closer to the river. It further stated that it would be beneficial to remove rock that had been pushed over the riverward slope as part of final reclamation work.

The DNR requested four more considerations:

* attendance of its staff at an upcoming site visit between the County and Mr. Duininck;

* the ability to make recommendations and provide technical assistance in the final reclamation plans;

* all site work be completed by Jan. 1, 2006; and

* the County work with DNR staff in a planning effort to address aggregate mining needs in consideration of scenic and environmental values.

Tom Kalahar, technician for the Renville County Water and Soil District, said he felt the reclamation plan was basically a stall in hopes of legislation that would allow the mining to continue.

He called the mining operation a blatant violation of state law and County ordinance.

"The sad thing is the whole situation was so easily avoidable," Kalahar said. "It's about a whole bunch of people screwing up. I hope we can avoid that in the future."

Last November, by a 3-2 vote, the Renville County Board disapproved renewal of a Conditional Use Permit to allow continuation of hard (bed) rock mining and crushing operation owned by Duininck Bros., Inc., Roger, Tim and Mike Sowder, Donald Swoboda; and Harlan Burdick; in Beaver Falls Township.

By another 3-2 vote, last November, Commissioners approved an exit strategy for Duininck Bros. and environment and community development staff to bring back to the board for review.

The action came after staff findings said the proposed use would have a negative impact on the general welfare of occupants in the surrounding lands, Renville County residents, and the State of Minnesota.

The land was described as "a natural sanctuary for several different species of plants and animals," according to language in the original permit application.

The Renville County Land Use Ordinance lists "sand and gravel extraction" as a conditional use in the land use district. All uses not listed as permitted or conditional uses shall not be allowed, according to Chapter 5, Section 6.4G of the ordinance list.

Wild and Scenic River designations include the Minnesota River from Lac Qui Parle dam northwest of Montevideo to Franklin; and parts of the Mississippi, Kettle, Rum, St. Croix, Cannon and North Fork of the Crow rivers.

Scott Sparlin of the Coalition for a Clean Minnesota River, said the DNR's stand on the issue could be considered a landmark.

"I anxiously await to see if state policy comes from this," Sparlin said.

He noted that federal law requires all new roads to use crystalline rock. He said such rock needs to be identified where it is and doesn't adversely affect points of beauty.

"Once these (protected points of interest) are gone, they're gone. You can't put them back," Sparlin said.

He added that it's important that the DNR handle the mining site reclamation, not Duininck Bros. He felt that point was implied in Assistant Commissioner Moore's letter.