MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe...

13
RECEIVED MAR 24 2003 March 20, 2002 Land Reclamation Commission MISSOURI LAND COMMISSIOt Dear Commissioners: I am writing in support of SB360 sponsored by Senator Sara Steelman. This bill will give landowners more opportunities to get gravel removed from their streams in a cost efficient manner and also help stop stream bank erosion while improving fish habitat. I am in favor of leaving the gravel removal guidelines as guidelines instead of making them regulations. Sincerely,

Transcript of MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe...

Page 1: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

RECEIVEDMAR 24 2003

March 20, 2002

Land Reclamation Commission

MISSOURI LAND~ECLAMATION COMMISSIOt

Dear Commissioners: I am writing in support of SB360 sponsored by Senator SaraSteelman. This bill will give landowners more opportunities to get gravel removed fromtheir streams in a cost efficient manner and also help stop stream bank erosion whileimproving fish habitat.

I am in favor of leaving the gravel removal guidelines as guidelines instead of makingthem regulations.

Sincerely,

Page 2: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

March 20,2003

Mr. Larry CoenLand Reclamation CommisionP.O. Box 176Jefferson City, MO 65102

Dear Mr. Coen:

RECEIVEDMAR 2 4 2003

MISSOURI LANDqECLAMATION COMMISSION

At the March 18th meeting of the Gasconade County Farm Bureau Board I wediscussed the proposed regulation changes concerning removal of gravel fromstreams. Following discussion, the board unanimously decided to supportSBCS/SB 360, sponsored by Senator Sarah Steelman.

We hope that in your March 26th meeting you will consider the land owners.We feel that landowners should have the opportunity to move or remove gravelin order to maintain the streams on their property. Many times this is necessaryto help prevent erosion of the streambank.

On behalf of the Gasconade County Farm Bureau Board of Directors, Iappreciate your time and consideration of this matter.

Sincerely,

~~Dorathea KoepkePresident

cc: Sarah Steelman

Page 3: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

" COP Y II

!'larch 21, 2003

John Hoakins, DirectorMissouri Department of ConservationPO Box 180Jefferson City, MO 65102-0180

Dear Mr. Hoskins:

RE: DEPT. or CONSERVATION AND GRAVEL

RECEIVED

MAR 2 4 2003

MISSOURI LANDRECLAMATION COMMISSIO

It is our understanding that MDC has coordinated withthe mln1ng industry to develop a draft regulation forgravel mining in ~issourits stre8~s. It is also ourunderstanding that the language favored by ~OC isidentical to language written by the mining industry inOece.ber of 2002.

The MOC/industry draft is a significant weakening of thecurtent standards used by the Department of NaturalResources, which were already the result of a compromisereached with the gravel ~iningmdustry in the mid-1990's.The "DC administration is even contradicting the agency'sown scientists, who earlier recommended aore protectivestandards for Missouri's strea~e.

It aeems to us that an agency such as "DC, which isresponsible for conserving "issouri's natural resources,should be calling for more stringent laws to protect ourprecious natural resources and the environment.

We are vert Much oppo!ed to any draft regulation that lJouldyeaken pro ectIve environmental laws and give the .1n1ngindustry Bven more freedom to despoil the state's forests,streams and lJildli'e.

Sincerely, . ~~

X~~«-~,J~Hanne Hartmann-Phipps, Environmental Advocate4428 Anca Creek RoadReeds Spring, ~o 65737

Copies to: ~ Reclamation Commission, DNRand, ALL CONCERNED

Advocate

Page 4: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the
Page 5: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

".. RECEIVED

,r

About the coverAfter a long, long, winter, thpte

will be some decent temperatOresthis month.. It is a special m()nth foy1routfish~rmen because the troutstocked parks open.

Other spring fed out areas arelegally open all y ar, but really"open" this mo as air tempera­tures finally, t warm enough forfishermen get out for more thanshort per' as. " .; Seein trout fishermen is likeseein early spring wildflowers forthe st of us..

hoto is ofAI Agnew, fishingper Current River.-": j '•• ~.,.:

•-

{;/ ",

....:>' ~~

,-~

'-

Periodical Rate'postage paid at Piedmont, MO" 63957 .and additional entries. (ISSN 87501899) ,

Copyright, 2003, All 'fights reserved No part may be reproduced in any form or byelectronic means including infonnation storage systems; wi thout written permission ofthe publisher, However, reviewers may quote brief passages" freelance writers mayremarket materia1s,advertiser~may reuse their ad layouts' '

Published monthly (except January and February are combined) Publishf'd byTodd Publishing Co, "Known Office of Publication" isRoute 4, Box 4396, Piedmont, Me. 63957

_Editors and publishers Bob and P.at Todd, , Assistant Pubhsher; Doug Mansfield,-", OffIce Manager; Chris Rose

Circulation: ELieU ColvinFrequent Contributing Communicators: CharlieSlovensky, AI Agnew, fullCooper: Don Rathert, Kathleen Brotherton, Charley Schmidt, Russ Doughty, ,',Jim Featherston, Howard Helgenberg.

~~:- ......~'. ~. '.. ..; ~ •. 4' ... ·:. J_" ,..... I"': •• _.'''' ,~ .••• ,

( . , " ~;:- /~'.":.""~;--'-' ~.~:~:~- ''.>oJ - ISSUES CONTROVERSIES - ~, . -, ~ .,~, " MAR 2-42003, ',':, ~~'" ~1y:~tl ...~'~,.·~,t,~4"/;:'" /,:~ -~", ,'w '~_" . • • " ' ' J '" 1:', ' :"',;

SO'!K!~1J1:Jjtittl)!JiJ{gflQ:I!-J"On ~rave('!1~'!;i!lgj~~~l!hMi~~~~~~~l:. A COuPI~.lmPOM~S-t s cc;u!d conuner~,aJ;gravel;mI.ners." . ";~f The American Fishenes ~ociety "tty as J[ IS, l!luch less seek out newh~Pl?en ~It~.!~g~rd.",,', [ ;~::_:.- .The~dRe.cla~at!on rules ~IllJ{ and others are recommendmg that place~lomme: '.~mnmg I~ ~s:th" "'-~'." --~ follo~CitIzens c?mmIttee meetmgS~ll federal rules previously in affect be Whl1~ ~e thl,nk the wisdom of ~ " .

The ~11~sou.nLand Reclamat~on at v,'hlch everyt:hmg from no ru)es:~ adopted by the state. our posItI?n wIll. eventually beCOmmISSIOn IS expected to decIde at all to no mIning at all were',. Some of those involved say many seen, the ImmedIate need IS to puton rule~ for gravel ~ning - .to ~e~ a~vo~ate~: Odas are, the Commis- ": of the commercial opera,tors also some reasonable regulations inregulatlons. MeanwhIle, a bIll 10 . SlOnlS gomg to adopt rules - ':,i famr reasonable regulatIOn. place and to make them apply to allthe Missouri Senate would make presently there are only recommeri-'.t County hiohway departments seem significant gravel miners.~ules largely ineffective by exeinpt- d~tions - byt they'll be relatively 'to be the p;.imary source of opposi- (Despite hysterical claims to themg all but the largest 26 per cent of mIld. ' tion to 311 regulation. contrary, no one has proposed that

If you want to write, contact a farmer could not take ~ome

"Staff Director, Land Reclamation gravel from a stream gOlng throughCommission, P.O. Box 176, his property - commercial use isJefferson City, MO 65102. the subject of discussion.)

The Senate bill that would ex- So, we urge the Land Reclama-empt most miners fromany regula- ~ion Commiss.ion to adopt mean-tion at all is SB0360 and was mgful regulatIOns, and we urge

.: introduced by Sen. Sarah Steelman, Sen. Steelman 10 withdraw .Qer,'''!chairman of the Commerce and ,. proposal to exempt most mmers

Environment Committee. You can from regulation.' '"contact her and/or your own --

senator regarding this measure.Tr(ll't:'1er's o\\'n view is that

gravel is a valuable resource thatought to be extracted. However, itshould be removed with as little

. ~: risk to the environment as possible.;",'." We goa bit further, actually.

Gravel mining and the channel" .... cutting it sets off grcat distances

from the actual mining operation isa powerful force. There are placesthat \\ould benefit from this actionover the long haul, and we'd like tosee those places identified. We'd

, like to see gravel mining encour­aged in those locations.

But as a practical matter, there.are not enough people available to

- check out all gravel mining atliv-

River Hills Traveler~Sond~ • Route 4, Box 4396ohdd,...Dock...o:, Piedmont, ,'110 (,3957

Phones:,57~.223.7143:~ds1~upscriptions1.800.874.842,~FAX 573·223·2117

Email: editor btodd@riverhillstravelercom

9dvertising: otodd@'riverhillstravelercom

subscriptions; chris@riverhillstraveiercom

. general maiJ@riverhlils,traveJercom

VSbs;te: Il'U'II", ri\'Cfhi/lsl rll ,·e/tr.{"'"

Subscription Prices: SIS per'year (""Iud.. 7~. Me ..In,..,; 2 years, $24 "",i,"", Si I;'MO .... ,.. ,..,

Single copy price,'S2;back issues, 13 (Subs<npuon rat., vary oulSld. U,S,A P;<J~ can.)

RE.Nn...,tAL POLlCX, v..e Srtnd onr rcntwaJ nonCt and ontStmlndt:-I That'S It

No nouce~ month~ In advan\. t. nor endltss topirs'-aftt! a subscnptlon tic.pHCS.(-~ I

..

,.:..

,-':-:':-,.

.', ~'.' ',' ~::'

/f:;'~'l? :4L<S ~4//~L~/G' m~/lc/~ Zao 3/ ...- .. - ----

/S£'t:Jt:-

:;;- ! ... ',. ,~. ~

Page 6: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

Mr. Larry CoenLand Reclamation ProgramMissouri DNRP.O. Box 176Jefferson City, Mo.65102

Innovative Building SystemsRichard and Diane Stroner1340 State Route CCWest Plains, Mo. 65775

Mr. Coen:

Date: 13 Mar. 03

RECEIVEDMAR 2 4 2003

MISSOURI LAND-=lECLAMATION COMMISSION

We are distributors of insulated concrete forms and are writing this letter to express oursupport of the performance requirements 10 CSR 40-10.050 covering in-stream sand andgravel mining. The collaborative effort to produce a set ofregulations that can beaccepted by all parties we would hope can be endorsed by your commission. Sinceconcrete is used with all the products we sell, any increase in its cost could have a seriousimpact on our new business. The regulations as written, will still enable concreteproducers in the Ozarks to provide us with a cost effective product, but yet ensure theprotection ofour streams and watershed. For your consideration on this matter we thank­you.

Page 7: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

Conservation Federation of Missouri728 West Main Street. Jefferson City MO 65101-1559

573-634-2322 • 800-575-2322 • 573-634-8205 (fax)

Gary Van De VeldePresident

March 24,2003

Land Reclamation CommissionDepartment ofNatural ResourcesLand Reclamation ProgramP.O. Box 176Jefferson City, MO 65102

Dear Sir,

Dennis BallardExecutive Director

RECEIVEDMAR 25 Z003

MISSOURI LANDRECLAMATION COMM'SS'O~,

The Conservation Federation of Missouri takes this opportunity to remind theCommission of the CFM's position on in-stream sand and gravel mining and on ourposition on maintaining the quality of Missouri's water resources.

Our two most recent Resolutions, approved in conference at our delegate's convention of1999, are attached for your review.

Sincerely yours,

~~Dennis R. Ballard

"Guarding Our Natural Heritage"[email protected] + www.cortfedmo.com

Page 8: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

I" .... /

#1

IN-STREAM Si\ND AND GRAVEL MINING REGULATION

WHEREAS, sand and gravel are important economic commodities of Missouri streams whichcan be mined in an environmentally friendly manner when properly regulated; and

WHEREAS, sand and gravel mining can be very harmful to streams and their watersheds whenconducted improperly; and

WHEREAS, rivers and streams are vital economic and recreational resources for Missourians;and

WHEREAS, the U.S. Army Corps of Engineers (COE) recently lost authority to regulate mostin-stream sand and gravel mining operations in Missouri; and

WHEREAS, the Missouri Water Quality Standards and the authority and ahility of the MissouriDepartment of Natural Resources must be greatly enhanced in order to adequately regulate in­stream sand and gravel mining;

NOW, THEREFORE, BE IT RESOLVED that the Conservation Federation of Missouri inAnnual Convention assembled at Country Club Hotel on this 28th day of March, 1999 supportsinclusion of in-stream sand and gravel mining in the Missouri Quality Standards;

AND BE IT FURTHER RESOLVED that the Water Quality Division of the Department ofNatmal Resources be funded to hire the staff neede~ to adequately regulate in-stream sand andgravel mining.

RECErVEDMAR 2 5 2003

MISSOURI LANDRECLAMATION COMMISSION

Page 9: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

#9

FUNDING FOR WATER QUALITY PROTECTION

WHEREAS, the Missouri Clean Water Law describes the state's policy regarding protection ofour water resources, " ... it is hereby declared to be the public policy of this state to conserve the\VaiCrS of the state ... " and further states our policy" ... to protect, maintain and improve thequality thereof for public water supplies and for domestic, agricultural, industrial, recreationaland other legitimate beneficial uses and for the propagation of wildlife, fish and aquatic life ... ";and

WHEREAS, the Conservation Federation of Missouri and its partners recognize the importanceof good water quality to the State of Missouri; and

WHEREAS, the Conservation Federation of Missouri encourages partnerships between agencies,progran1s and the public to protect our state's water resources, induding soil and waterconservation, public drinking water protection and protection from contamination; and

WHEREAS, the Conservation Federation of Missouri encourages these partners to encompass aholistic approach to watershed protection and water quality efforts; and

WHEREAS, the Conservation Federation of Missouri believes impaired waters should receiveevaluation and remediation; and

VlHEREAS, the Conservation Federation of Missouri believes that state and local efforts h~st

determine the solutions to impair-::d waters.

NOW, THEREFORE, BE IT RESOLVED that the Conservation Federation of Missouri. inAnnual Convention assembled at Country Club Hotel on this 28th day of MaJ"ch, 1999 supportsadequate general revenue funding to support increased efforts by the Missouri Department ofNatural Resources to protect and preserve Missouri's water quality resources and to satisfy theFederal Clean Water Act and further encourages the Missouri Department of Natural Resourcesto continue its efforts in reviewing services and funding of water pollution control permitactivities;

AND BE IT FURTHER RESOLVFD that the Conservation Federation of Missouri encourageswater quality protection efforts in the State of Missouri b~ supported in the General Assembly.

flECijtMHIDMA~ ~55wmn

~ECLAM'~ tANo.~H/fj~ eOMM/SS/ON

Page 10: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

--I.:.MAR- ~ llo'lJJ)3

~g;.~=~r-

Res ecrflA-JI;U ifirehe. ~rm.s;(2;£ IJro/f/// S)qJiJ. I(Of{~

!lerlJJqllnj MtJ 'b5t?f'J

f Ol/YI n/I/t/, I/J 51/a/ I 01 5B3 68sf'ns~reo{ bl 5eJ1q-foy ~rQj S;e~qy/, /A;5 i://Jr;',I/ jef /ctflc?Jl//ler5 To flt4.ftJe -rje//,

streqms /11 'l jeq/;;f !YIQJ111 ej" C~5r C'/:4cj;,)-~f ctlYl:11 ("\VC>Y of Jew;', 1")<2- Jrf1ve/ ;e~

~t{;~e/jhe s qs 'l{; le//lJe5 ;lt5 teq'- of /YJ'ik" ~1iL l! rY) reJ'1.ht ; 0'n5 ~

Page 11: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

!1lJ.(vh J.5) ~&J3

RECEIVED

MISSOURI LAND"lECLAMATION COMMISSIO~

Page 12: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

JOHN M. CREGER, ARBITRATORP.O. BOX 26301

KANSAS CITY. MISSOURI 64196

TELEPHONE (818) 304·8397

FACSIMILE (4171 485·2n8

jmcregerOaol.com

March 23, 2003

John Hoskins, DirectorMissouri Department of ConservationP. O. Box 180Jefferson City, Missouri 65102-0180

Dear Sir:

RECEIVEDMAR 25 Z003

MISSOURI LAND>lECLAMATION COMMISSION

I am disturbed to learn that the Department of Conservation has joined thegravel mining industry in crafting weak regulations that will do little to preventor even reduce the damage to our streams done by that industry each year.

As a landowner on an Ozark stream, my land is vulnerable to increased erosioncaused by sand and gravel mining. If meaningful regulation of this irresponsibleindustry is not established, I will have no recourse for protecting my land whengravel miners upstream or downstream cause damage to it.

I realize that the Department funds are being threatened by the actions oflegislators who depend on industry for campaign funding. Nevertheless, if theDepartment is no longer willing to function within scientific guidelines to protectthe wildlife in Missouri, what is the use of its existence? Perhaps it will finallytake the complete elimination of the Department to awaken the complacentMissouri public to what is happening.

The regulations you seem willing to adopt are little but a sop to industry and dovery little indeed to protect wildlife which, I thought, was your statutorymandate.

srJt1y~-Cc: Land Reclamation Commission

Department of Natural ResourcesP. O. Box 176Jefferson City, Missouri 65102

Page 13: MISSOURI LAND ~ECLAMATION COMMISSIOt · ~uleslargely ineffective by exeinpt-d~tions-byt they'llbe relatively 'tobe the p;.imary source ofopposi- (Despite hysterical claims to the

March 20, 2002

Land Reclamation Commission

RECEIVEDMAR 25 2003

MISSOURI LAND~ECLAMATION COMMISSION

Dear Commissioners: I am writing in support of SB360 sponsored by Senator SaraSteelman. This bill will give landowners more opportunities to get gravel removed fromtheir streams in a cost efficient manner and also help stop stream bank erosion whileimproving fish habitat.

I am in favor of leaving the gravel removal guidelines as guidelines instead of makingthem regulations.

Sincerely. ('~ &..~~-