While the battle over fracking sand (silica sand) continues to rage on the local level across Wisconsin and Southeastern Minnesota, the Minnesota House rejected an amendment from the floor by Representative Andrew Falk that would have classified silica sand mining as a conditional use and required reclamation plans by their developers.
From the Journal of the House for April 5:
Falk moved to amend H. F. No. 2164, the second engrossment, as amended, as follows:
Page 62, after line 28, insert:
"Sec. 100. [394.302] SILICA SAND MINING.
Subdivision 1. Silica sand mining is a conditional use. Silica sand mining may be conducted within the jurisdiction of the county only pursuant to conditional use permit.
Subd. 2. Conditional use ordinance requirements. In addition to any other condition, a county conditional use ordinance for silica sand mining must require the permit applicant to have a comprehensive reclamation plan and to pay a fee into an account held by the county that will be sufficient to pay all costs of reclamation of the land when the mining operation is ended. All interest earned on the fees on deposit for a permit holder must be credited to that permit holder's account with the county. All money in the account must be used for reclamation of the land affected by the mining operation, whether directly or indirectly.
Sec. 101. [462.3596] SILICA SAND MINING.
Subdivision 1. Silica sand mining is a conditional use. Silica sand mining may be conducted within the jurisdiction of the municipality only pursuant to conditional use permit.
Subd. 2. Conditional use ordinance requirements. In addition to any other condition, a municipal conditional use ordinance for silica sand mining must require the permit applicant to have a comprehensive reclamation plan and to pay a fee into an account held by the municipality that will be sufficient to pay the costs of reclamation of the land when the mining operation is ended. All interest earned on the fees on deposit for a permit holder must be credited to that permit holder's account with the municipality. All money in the account must be used for reclamation of the land affected by the mining operation, whether directly or indirectly."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Falk amendment and the roll was called. There were 41 yeas and 82 nays
Bluestem is told that this is the first time fracking sand mining has been addressed by legislative language in the Minnesota legislature. Counties and townships that have enacted interim ordinances (moratoriums) to deal with the special issues posed by the rush to mine silica sand for fracking have been struggling, but the message from the House is clear: you're on your own, folks.
What does this mean in Greater Minnesota? Bluestem is told that silica sand mining interests are looking as far west as Renville County for sites to develop.
And headlines like this one in the Red Wing Republican Eagle are beginning to appear: Citizens ready to move forward without county's help. The content:
When citizens initially formed Save-The-Bluffs, they clearly opposed silica sand mines in Goodhue County, but a few of them advocated maintaining an open mind.
Rather than shut down the idea entirely, they said they hoped for the time to learn more about mining and find a way to control and safely operate mining so it results in as little disruption to the area as possible. After fighting for a moratorium, time is exactly what they got. The Goodhue County Board approved a yearlong moratorium in September 2011 and established a committee to study silica sand mines.
With five months to go, Save-The-Bluff members are unhappy with both the County Board’s decisions and the mining committee’s work. As a result, they’re ready to change that open mindset. . ..
Read the rest at the Eagle. The Rochester Post Bulletin reports that Trucking concerns take center stage in Winona silica sand discussion and Safety concerns linger for historic Winona bridge.
With the "Wild West" no regulation, no-bonding bill attitudes of representatives like Steve Drazkowski running amok in the Minnesota House, it's no wonder citizens are using township and muncipal tools to fight for their quality of life. Unfortunately, the Minnesota House also voted to gut local control; fortunately, the legislation went to the senate to die.
Photo: A fracking sand mine near Bloomer, Wisconsin. Photo by Jim Tittle.
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