by Cynthia Andre
In the fall of 2002, facing strong resistance from the sand and gravel mining industry, the Land Reclamation Commission was once more stalled in their three-year attempt to establish regulations for the industry. At the recommendation of the staff of the Land Reclamation Program of the Missouri Department of Natural Resources (DNR), which is overseen by the Commission, a workgroup was formed. Workgroup participants, invited by the Reclamation staff, were charged with the task of negotiating a set of regulations that would be acceptable to the industry.
The mining of sand and gravel in and beside our streams in Missouri contributes annually to the loss of many acres of fertile streamside land upstream and downstream of mining sites, destroying the wildlife habitats in and beside the streams. As consolidating gravel bars with maturing trees are scraped bare and destabilized by mining, increased sediment is introduced into the streams, filling in small areas in the cobble where the macroinvertebrates on which fish feed live, smothering fish fry and interfering with the feeding and mating of aquatic wildlife. Both widening of the streams and the loss of riparian vegetation from mining raise water temperatures, driving out native species.
Representatives of the Sierra Club met with the workgroup four times during late fall and early winter. Other participants included representatives of the industry, representatives of county commissions that use gravel for road construction and repairs and private landowners who lease their land to miners or mine themselves. Negotiations continued for four long days, during which many of the participants continued to protest any regulation of the industry. In the end, we agreed to disagree and voted on all the regulations proposed by each side.
If this sounds reasonable and fair, recall that the devil is in the details. The workgroup included at least six mining operators (representing about 200 operators statewide), three representatives of two county commissions and three representatives of “property rights”, i.e. the right of landowners to do whatever they want to with their own land. Each of these individuals was allowed one vote, therefore a total of several per faction. By contrast, there was only one representative present for each of the environmental organizations, and although representing thousands of Missouri citizens each, these were also allowed only one vote.
All regulations receiving any votes were passed onto the Commission, but an explanation of the voting process was not.
Still the Commission delayed action, setting still another date for more hearings, until Senator Steelman, chair of the Missouri Senate Commerce and Environment Committee, who had attended one of the workgroup meetings to question DNR’s right to regulate the gravel mining industry, introduced Senate Bill 360.
SB360, dubbed the “Ruined Rivers Bill” by Missouri environmentalists, exempts all sand and gravel mining operators in Missouri, including private landowners who commercially mine gravel on their own land, from any oversight or regulation, with the exception of only the largest operations (removing more than 5000 tons per year).
Now that it appears 75% of everyone mining sand and gravel in Missouri will be exempt from any regulation, the Commission, after three years of stalling, is scheduled to vote on the proposed regulations on March 26th.
ACTION: Members are urged to write to the Land Reclamation Commission in support of the sand and gravel mining regulations proposed by the environmental and fisheries groups participating in the Land Reclamation workgroups. Send letters to: Land Reclamation Commission, Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102. If you live in Senator Steelman’s district, please contact her to voice your opposition to SB 360 or any amendment she might attach to other bills that would allow any miners on our streams without regulation. If you are not sure if you are in her district go to http://www.senate.state.mo.us/zipsrch.htm.