Supervisors approve moratorium through June 2014 on frac sand mining Monday after public hearing Thursday

by Lissa Blake

Allamakee County stakeholders will have additional time to explore the pros and cons of frac sand mining, following the passage of a moratorium on that mining process by the Allamakee County Board of Supervisors that will be in effect until July 1, 2014.
At its Monday, February 4 regular meeting, the Allamakee County Board of Supervisors unanimously voted to approve the moratorium, following a public hearing Thursday, January 31 which drew more than 40 people. Although the public hearing took place last Thursday, Supervisors Larry Schellhammer and Dennis Koenig decided to table the issue until the Board's regular meeting Monday, February 4, as fellow Supervisor Sherry Strub was absent from the public hearing.
The action by the Board of Supervisors followed a recommendation in December from the Allamakee County Planning and Zoning Commission to enact the moratorium.

PUBLIC COMMENT
Concerns at Thursday's public hearing ranged from environmental impact to potential loss of tourism revenue and damage to the county’s infrastructure.
Robert Nehman of New Albin presented the Board with more than 800 signatures supporting a moratorium. He said signatures continue to come in daily. “Many of these are from out-of-state residents who do enjoy this county and might not come if we see this destruction,” he said.
Jeff Abbas of Dorchester reminded the Supervisors frac sand mining is a “boom and bust” industry, which lasts from two to five years. “Once they’re done, they’re gone. We do not regain business we lose from hunting, fishing, hiking or camping,” said Abbas. “It’s time to put the laws of man aside and put the laws of God in place, because what we’re leaving behind is garbage.”
Mary Abbas of Dorchester encouraged the Board to take a “long view” of the process. “People come here from other places for relaxation and recreation. In doing that, they sustain, financially, the people who live here. We need to be certain the changes we make now don’t endanger our tourism and agricultural business. What they want to take for short-term wealth, in a few years will leave us with scarred land unsuitable for farming and recreation. No one will want to come. What will be left for our children?” she reasoned.
Jacob Jonkman of Waukon, quoting extensively from the bible and patriotic songs, said, “We are to be God’s stewards of his beautiful creation. We don’t have the right to exploit waste, or pollute what is given by God. We don’t own this earth.”
Ann Klees of Waterville said one of her primary concerns is traffic safety. “A lot of farmers use these same rural roads for hay wagons, gravity boxes and chopper boxes. There is an inherent danger of accidents happening because tractors go slower (than the sand trucks),” she said.
Deitzy Weymiller of New Albin said in addition to her concern about the health issues, she does not wish to lose land value.
“It has never been in the interest of society or culture for the economic short-term gain of the few to justify the irrevocable damage to the environment for all. The governing body of this county needs to be applauded for taking the time and consideration on what you’re doing,” added Bill Kern of Lansing.
Ric Zarwell, representing the Allamakee County Protectors, reminded the Supervisors that one-third to one-half of all Iowans get their drinking water from northeast Iowa. He also expressed concerns over health issues, such as silicosis, a respiratory disease caused by inhaling silica dust. “They’ll be moving the sand around by rail and by truck. The dust blows off those piles. It’s a serious problem,” said Zarwell.
Karl Knudson, an attorney from Decorah who represents the Allamakee County Protectors, also spoke in favor of the moratorium. “As legal counsel, I would encourage you to pay heed to the comments being made by the people at this hearing,” he said, adding the proposed moratorium “is totally legal and appropriate.”
“The issue was just not on the radar when the county’s comprehensive plan was made. It has become a major issue now,” said Knudson.
Also speaking in favor of the moratorium was Allamakee County Engineer Brian Ridenour. “Of all the issues, my main responsibility is the road system of the county. To ensure we have safe, passable roads takes revenue, passing ordinances and state laws. We have to make sure we can cover the impact of these developments. I think the moratorium is a great idea. We could be kind of the leader in Iowa. We need time to approach our state legislature, develop impact-fee legislation, so we can handle funding for impacts on our infrastructure,” said Ridenour.
Zarwell added he recently learned from Northeast Iowa Resource Conservation & Development (RC&D) that Allamakee County has the highest amount of money brought in from tourism, per capita, in the state. “It’s something we take for granted,” he said.

PRESERVE THE STATUS QUO
Knudson next urged the Supervisors to “act tonight to preserve the status quo, and to waive the second and third readings.”
In response to concerns the moratorium addresses stockpiling but not trans-loading (from trucks to rail), Knudson said he felt the moratorium covered it, as trans-loading could not occur without some amount of stockpiling.
“You can see we’re trying to do everything by the law so everyone can weigh in on it. I think all of us at this table feel the weight of what is on us,” said Board Chairman Schellhammer.
Allamakee County Zoning Administrator Tom Blake said his office had not received any correspondence, verbal or written, on the issue, adding he didn’t see any reason to delay a vote on the matter.
The motion was tabled, however, after Koenig said that with Strub absent from the meeting, he would feel more comfortable waiting to vote until the regular meeting Monday, February 4. With the Supervisors following through on that passage, the moratorium went into effect immediately and will remain in effect until July 1, 2014, unless repealed prior to that date, according to the published notice regarding the moratorium.