Court to reconsider Winona County frac sand mine decision

Opponents of the first permitted frac sand mine in Winona County told a three-judge panel of the Minnesota Court of Appeals today that the county should have required further study before allowing the mine to start work.

Last year, the county required a brief environmental review of the 19-acre Nisbit mine in Saratoga Township. But a group of citizens thinks the county should have required a more in-depth study.

The Nisbit sand mine in question sits on a 150-foot-tall hill in the middle of a farm about 40 minutes southeast of Rochester.

It's the only mine approved in the region since the debate over silica sand mining began a few years ago.

The county approved the mine with 40 conditions, including requirements to control dust, noise, erosion and protect water quality. But it didn't require a more detailed environmental impact statement because of the mine's size. Such studies are required for mines that are 160 acres or larger.

Critics say the county's decision failed to look at possible cumulative effects if permits are also given to other proposed mines in the area.

"We believe that it's part of a huge picture and the members of Winona County, southeast Minnesota as a whole, value our air and water and quality of life far more than any measly benefits from the oil industry," said Barb Nelson, who lives on Highway 14, the mine's truck route. Nelson is one of 12 residents appealing the county's decision.

Silica sand is the crucial ingredient in the oil and natural gas extraction process known as fracking. There are large deposits of frac sand in southeast Minnesota.

Last year, the Minnesota Pollution Control Agency and the state's Department of Health called for a broader and more detailed environmental study of two proposed silica sand mine projects, including the Nisbit mine.

But Tom Rowekamp, who owns Winona-based IT Sands and is mining the Nisbit site, argues the agencies made that recommendation based on the expectation other permit applications would be approved. But they haven't yet.

"It looks to me they're going to have a hard time proving that there's any other permits that were valid for mining sand in southeast Minnesota," Rowekamp said. "I can't be considered phased and connected with something that's not real. And that's exactly what's going on."

The panel has up to 90 days to rule in the citizens' appeal. If it reverses Winona County's decision and requires a more detailed review of the Nisbit mine, Rowekamp likely would have to stop the project while he conducts the more in-depth review.