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Updated Nov 19, 2008 - 10:07:42 CST

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Sand plant foes blitz city council



33 comment(s)

Patricia Popple of Concerned Chippewa Citizens speaks Tuesday night while attorney Glenn Stoddard of Eau Claire listens. Photo by Rod Stetzer




By ROD STETZER
The Chippewa Herald
Wednesday, November 19, 2008 10:07 AM CST

The conversation was one-sided.  The Chippewa Falls City Council chambers were packed Tuesday by opponents of a proposed Canadian Sand and Proppant sand mine plant in the city.

More than 50 people came to the meeting following a news conference held by the group Concerned Chippewa Citizens. The group is suing the city’s Plan Commission to stop the project.

Six people then appeared before the council, each speaking out against the project.

No one from the council spoke on the subject, partly because the city is being sued and partly because the subject wasn’t on the council’s agenda.

Mayor Greg Hoffman welcomed the plant opponents.

“I appreciate the fact the citizens are concerned,” Hoffman said, noting he wants to make sure city residents are being heard.

“This is good that the citizens are stepping forward,” Hoffman said.

The lawsuit asks the court to void the conditional use permit and prohibit the city from issuing any further approvals of permits and variances, said Patricia Popple, co-president of Concerned Chippewa Citizens.

During the news conference, Popple said the group believes the city and Chippewa County failed to look at the negative health, safety and environmental impact of the sand mine plant.

Popple said the group is also concerned about property values and noise caused by the truck and rail traffic from the project.

“What you see tonight is only the beginning,” said the group’s attorney, Glenn Stoddard of Eau Claire.

He said the Plan Commission failed to address whether the project was in harmony with the city code and whether it was in the public interest.

“It basically ignored the law,” Stoddard said.

He claimed the Plan Commission’s approval of the permit was arbitrary and unreasonable.

The lawsuit asks that the city be required to appoint a new and “unbiased” Plan Commission, and that any related variance requests be sent to the city Board of Appeals.

Stoddard said that it’s not uncommon for individual members of a commission to be replaced. But he said he was unaware of a situation where an entire Plan Commission has been replaced in the state.

“I can’t say that I’ve seen a published case in Wisconsin of that,” Stoddard said.

Hoffman said Chippewa Falls City Attorney Robert Ferg is looking at the lawsuit. The city will have to wait and see if the lawsuit places any limits on city actions, Hoffman said.

No action on budget

On another matter, the council did not take up the proposed 2009 city budget, which is scheduled for a public hearing on Dec. 2. But the council did approve getting bids to restructure $1.2 million of city debt.

Administrator Ron Singel said the city Parks and Recreation Department’s move into offices at City Hall is ahead of schedule and may be completed next month.

He said the field of candidates for the Main Street director’s position has been reduced from about 60 to three.

“Hopefully we can narrow it down and have the person on board by Jan. 1,” Singel said.

Chippewa Falls Main Street has been without a director since Jim Schuh resigned March 31.


PLEASE NOTE:

Comments on stories that are updated may disappear with each update. The comments above are from readers. In no way do they represent the views of the Chippewa Herald.

COMMENTS:

alpine wrote on Nov 25, 2008 3:46 PM:

" correctthinking,

You say you sold land to a sand mine 10 years ago. Was it the same company? What is the life of the average mine, are they still working yours or have they reclaimed the land? You just sold them the mining rights, you still own the land, right? Was it as profitable as you thought it would be from the start? Anything you'd do differently? If you have experience with this I hope you're willing to share it with us all. I'd like to hear more about your operation, any information you could share would be helpful. One other question. Is the sand they are looking for usually found in fields or are the hills and bluffs most valuable? I know in the case of Cooks Valley there are bluffs that are nothing but piles of shale and sand. "

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Sand-Blaster wrote on Nov 22, 2008 6:43 PM:

" First of all... my moniker was chosen before this issue arrived. I operated a sand blaster for several years.
(We used walnutshells or plastic pellets for blasting media)
Anyway...
In the mid 1970s the county highway I lived near was being reconstructed. '74 was a very dry year. The dust from the sand rock being excavated to flatten the hills & fill the valleys PENETRATED EVERYTHING, [even with the windows Closed!! ]
Some days the dust was so bad the Pay Scraper & Bulldozer drivers had to use lights to see & horns to communicate. "

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Jack Covill wrote on Nov 22, 2008 4:00 PM:

" sunshine, I have herd discussion that the trains will head north out of town, but that has no bearing on where they ultimately end up. Im told that the bridge in the Flats is not suitable for these trains and too costly to replace. Im told the train cars are to be covered which also preserves the companies product. It is always curious when a person buys property near train tracks, an air port, or even a pig farm and is later upset about their use.
Earlier I spoke of up to 350 trucks on HY S. This I realized is the number of trucks going to the plant per day. Which means up to 350 each way. "

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allen wrote on Nov 22, 2008 8:43 AM:

" As far as the dust particles go, you won't have to breathe them as your windows will probably be closed. Many of you do not know there is currently a dairy farm being upgraded to a much larger scale operation, which will result in a stench similar to that of the St. Paul Stockyards (less than 1/2 mile from the city). May the northwest winds prevail!

Do you recall that this part of our community was known as the Industrial Park? What did the people who purchased land in that area expect? Perhaps a Burger King and playground? "

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correctthinking wrote on Nov 22, 2008 8:27 AM:

" Between hilltoper and abraham, I can't quite tell which one is more clueless! Oh, you both are, there will be NO health risk, the plant is REGULATED and MONITORED, and watched over by the DNR, did I mention there is NO HEALTH RISK. I sold land to a sand mine over a decade ago, I KNOW how it works, I KNOW the regs. And to suggest there is something illegal about supposed closed sessions is in itself illegal without documented proof. The NIMBY's WILL NOT WIN. Trucks will run, trains will roll and the plant WILL go. Adjust your thinking correctly. "

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hilltopper wrote on Nov 22, 2008 7:21 AM:

" I hope those wanting this plant in town enjoy breathing the sand particles which is a guarantee to shorten your life. At least the smell of Leinekugel's is not a health hazard. So please move over by the plant so you will be close to the hospital where "sick" people already go! "

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hilltopper wrote on Nov 22, 2008 7:16 AM:

" There have been many "closed session" meetings by both the Plann Commission and the City Council that I would like to know what incentives that the taxpayers are paying this company to come into our town and ruin what we all enjy about living in Chippewa Falls. We as taxpayers have a right to know what we are proposing to this company. If this sand is so valuable, the company should be paying the town not vice versa!! "

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sunshine wrote on Nov 21, 2008 9:27 PM:

" Now Jack Covill, I don't think you have done your homework. You say there will be one 80 car train leaving the plant daily. Will all of it go north to Canada? What about the cars that need to go south? It has been said the silica sand will go to Mexico, Texas, Wyoming, N. and S. Dakota..........so some trains will go north and some will go south, east, and west. That means going through the FLATS, past the golf course, a restaurant, an assisted living facility, apartments, condos, duplexes and the like.Have you driven in the Flats to see the crossing. That bridge will soon have to be replaced or repaired as it was said one train would go through there once per week; there are two trains now going through there daily. How many more will be going right through residential areas. On the south side, the lake area as well as the west hill area, there will be an increase in rail traffic. Please ask yourself how many people will be affected as a result of this increased rail traffic. And how much will it cost to repair rails, bridges etc.?What about inconvenience? "

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allen wrote on Nov 21, 2008 6:34 PM:

" Maybe they should call it a "sand factory" or a "sand restaurant". No one seems to complain about these businesses that pay a much lower wage than the new sand plant would pay. The monetary gains for the community will be significant. It's a no-brainer for a community that has been stagnant in growth and development. If the NIMBY crowd would realize that we've had gravel mines/pits in operation north of Eagleton (with trucks running up and down hwy 124 for many, many years), they would accept this new business with open arms. No one seems to complain about the brewery that emits a barley stench that permeates the air we breathe in our community quite often. But we all like beer - this one's for you Jake! "

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Abraham wrote on Nov 21, 2008 5:16 PM:

" Obviously "correctthinking's" home is not in the near vacinity of the sand mine or proposed processing plant. He's one of those that don't really care or have a stake in it and thinks that (It's OK If Not In My Back Yard). I don't live in the vacinity or the proposed mine or plant, BUT I do care and have empathy for those that are negatively impacted... both directly and indirectly. Those people have the right to fight for their interests, and I am more than happy to comment in their support. "

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correctthinking wrote on Nov 21, 2008 9:07 AM:

" Abraham is drinking the kool aid of stupidity and foolishness, trying in his ignorance to promote the NIMBY agenda to stop what has been LEGALLY and properly noticed, open public hearing and correctly passed. Instead of running your mouth, attempt a new tactic, try learning the FACTS, and not what a microminority who want to stay living in the 50s, and wants their surroundings to reflect that. It will not be allowed to happen here. Read Jack Covill's comments, as they are correct, there is NO chance for the doomsday scenario that you and the other NIMBY's think is going to hapen, there are too many regs that will not allow it to happen. This plant WILL happen and it WILL happen despite your ignorance. "

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Alpine wrote on Nov 21, 2008 8:57 AM:

" If the dust is truly a serious health issue then that does need to be examined closer. Certainly the trucks could be covered for transporting to the plant which would eliminate much of the concern. A remote location for the plant might be a better idea as well. If there is truly that much money to be had by land owner and company, then simple concessions made for the safety and betterment of the public should be a no brainer for the company. Tarping trucks when loaded doesn't take much. I would again encourage the company to take this under consideration, and I would encourage the public to keep an open mind. I would encourage Chippewa County, the city of Chippewa Falls, and the townships involved to make sure safety is paramount and that this is a plus plus revenue situation. The company and the land owner don't have to be the only ones benefiting finacially from this. Jobs and revenue are at a premium. "

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paragon wrote on Nov 21, 2008 8:25 AM:

" Well put Sunshine. The wool has been pulled over the eyes of so many people who think this will create the Utopia of Chippewa Falls. History has proven cycles of economic activity and, yes, we're currently in a down cycle. However, allowing companies who intend to take advantage of our resources and "luxuries" without paying their dues is not a way to jumpstart the economy. As soon as the cycle swings the other way one company (and a couple land owners) will be living high at the expense of everyone who travels our roads, breathes our air, drinks our water, and enjoys our area. All we're left with is a hole in the ground. If the council really believes that this company is for real, require them to fix the roads BEFORE, they come in, maintain the roads after they are here, buy the land BEFORE they build, and ditch the TIF. Chippewa County is NOT a bank. CSP is looking to take advantage of our offer...why wouldn't they? "

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Abraham wrote on Nov 20, 2008 10:12 PM:

" To 'correctthinking', you are clearly one of those GUMBYs (goofy uninformed ...). Most good citizens will agree that for most if not all of the families of this community, our homes are our single most valuable and important financial investment. Much of the value of the homes in this community comes from the peace, quiet and rural character of the surrounding community. No one person or company has the right to enrich themselves while concurrently harming the land, property values, potential health hazards, and inconvenience of hundreds of their neighbors. Families who have worked hard all their lives to build up equity in their property, to create an asset for their retirement have the right to protect the value of this asset, and it is a basic principle of fairness and equity under the law. Chippewa County (the mine) and the City of Chippewa Falls (the plant) have had no genuine concern for preserving the rights and wishes of it's citizens. Hats off to the folks that are couragous and fighting this!!! "

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IgnatiusReilly wrote on Nov 20, 2008 9:54 PM:

" Indoor sand piles? Really? Seriously though, this is certainly interesting fodder, but I'm a bit appalled that there would be any kind of revolt against incoming industry/jobs. Yes, those in the vicinity of the operations are going to see some loss in the 'quality of life' department, but the pros far outweight the cons. The various councils are looking out for the community's best interest in allowing this. I would also guess that most of these so-called concerned citizens aren't looking for jobs. (possibly retired by the looks of the picture) "

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nightengehl wrote on Nov 20, 2008 9:32 PM:

" Perhaps the pictures on this website of the trucks and the dust might help interested persons raise their awareness... http://www.savevantassel.com/health.html "

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sunshine wrote on Nov 20, 2008 7:53 PM:

" Gary Stone said on radio that 580 trucks would be going through the round-a-bout on highway 124 and S per day. (1/2 filled with silica sand and 1/2 empty). He also stated that no taxes would be paid on equipment because is can be disassembled. There would be no payback to city for a very long time because of TIF. Any funds would be used for infrastructure or improvement to the operation. TIF funding is to be used to assist created blighted areas not used for developing existing green spaces. In the winter there would be no way to water down piles of silica exposed to winds, and snow even helps carry the sand once it falls on the sand. What would happen during large run offs? I understand there are problems with the storm water plan. How will it take care of large amounts of melt and precipitation along with sludge from the plant? Does all go into wetlands when overflow? Too many unanswered questions exist to move forward on this proposal. "

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Jack Covill wrote on Nov 20, 2008 4:21 PM:

" concerned_citizen, again my understanding is; The city of CF insisted on a sprinkler system above the pile to curtain dust, but it is outside. If a problem arises, we will insist on additional measures and the regulatory agencies will insist on safe standards. The prevailing winds come out of the NW and seldom blow to the SW toward the residential area. (For what that is worth) As to alternate locations, building within the city limits will give CF hundreds of thousands of dollars in tax relief per year long term. They were looking at other locations in other towns. "

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concerned_citizen wrote on Nov 20, 2008 3:18 PM:

" I agree we need more jobs across the country and locally. I have two questions though, will the sand piles be stored indoors to prevent any health risks in order to keep them minimized as I believe that would be the goal right? Also, is this the only location that can be considered for this facility or is there another location within the area that it could be built that won't be directly next door to a residential area? "

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ALPINE wrote on Nov 20, 2008 3:07 PM:

" It appears to be that the people trying to put a stop to the sand mine project represent a very large minority. I have no affiliation to anyone and I myself will not prosper from this. But I see very tough economic times coming for this nation, inlcuding we here in the Chippewa Valley. I don't care what the present cost of gas is we live in an era where energy is at crisis level. Yet we can't build new refineries, we can't drill off shore and in ANWAR, we can't pursue clean coal technologies. At the cost to us all in our pocket book and in the cost of blood. Jobs and revenue are at equal crisis level. This business brings opportunity, brings jobs and revenue. I want the Chippewa Valley to take that under heavy consideration. We need all the revenue and jobs we can possibly get. We have not yet seen how bad this economy is going to get or how bad it's going to affect us all. "

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RAJ wrote on Nov 20, 2008 12:21 PM:

" I'm wondering what would be worse...a train coming by once per day and annoys people like "Concerned_Citizen" because the noise is too much to handle OR a train not coming by, but many of us wishing it would so we can find a place to sleep at night because there are less and less jobs in the area that allow us to afford our mortgage any longer? The fact that any CF resident is protesting this mine is ridiculous. The jobs are needed! I'm not sure if anyone else recognized this, but we're in a recession. Any company that wants to come in and offer jobs in the area should be welcome. These aren't burger flipping jobs either; they'll likely pay somewhat well. "

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Jack Covill wrote on Nov 20, 2008 10:58 AM:

" Concerned Citizen, my understanding of this is;
There is to be one train with 80 cars per day.
The trucks will travel from the west on Hy S.
Hy S is designed to handle 7000 vehicles per day.
There is now less than 5000 per day now.
And there would be as much as 350 per day additional
This a state of the art indoor facility
Health concerns are very remote, even the workers will not be required by OSHA to wear dust masks.
OSHA, the EPA, the DNR and the Mining and Health Association will all require and monitor the latest standards of operation.
There will be 30+ acres from the nearest building to the residential in Chippewa Falls.
The positive side of this is a boost to the local economy through the jobs at the plant and trucking companies and any one who supplies them with housing, food, fuel, etc., etc. Also the long term increase to the tax base will help everyone in CF in future tax savings.
We have looked at this closely, but Im always open to information. "

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paragon wrote on Nov 20, 2008 8:15 AM:

" I think you could ask anyone who lives in western WI and they would agree that new jobs should be created in the area. The problem is that mining operations are not going to create the types of jobs people are looking for. This company is going to import (imagine that in this day and age) the management and probably skilled labor needed to run the plant leaving the unskilled labor to our local work force. So maybe 30 jobs are actually created. Whoop. There's no trickle down effect to this industry coming to town. At the same time, our natural resources are being stripped from under our feet. Believe me, I'm far from a nature lover, but does anyone have any idea how long it's going to take to reclaim this land? It's not about building parks or leveling hills. You don't transplant 40 year old trees. Proper reclamation would cost more than what it takes to mine the area and no company is going to spend more to rebuild than what it takes to "unbuild". People for this project see $$$ that just isn't there. "

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concerned_citizen wrote on Nov 20, 2008 12:04 AM:

" Does anyone know why the trucks must come through the residential area? Isn't there another route that they can take? Possibly through the industrial park?
I also realize that because we have a railroad system it should be utilized, but that sure seems like a whole lot of trains for one day. I won't even be able to drive through town without getting stuck at the tracks.
I'm not trying to be a stick in the mud here, but I am just now being informed of something that will affect my family. I would certainly like to see the research that was done. That would certainly help with gaining a better understanding as to why this is such a crucial move for the area's industries when there seems to be some health concerns and financial issues that will follow. "

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concerned_citizen wrote on Nov 19, 2008 11:50 PM:

" I am not a part of "NIMBY'S". I'm just concerned about how this is going to affect the people living in the surrounding neighborhood both financially and health wise. I'm not complaining about a lack of jobs in the area either. There are businesses opening all over the area where people can work.
My mother does not watch my son while she is sleeping to clear that one up. She watches him after school, but if trucks are running in and out of the proposed driveway during the day she will be kept awake by the noise.
Yes I did see this on the news in the last couple days. Prior to that no I didn't hear one word about it.
I realize that it is next to an industrial park, but currently there is farm land and woods separating most of the neighborhood next to it which will become more or less a sand pit.
If it is inevitable, which it sounds like it is, that this plant be build I don't see why they can't keep the traffic and facility as far away from the residential area as possible. "

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chipboy wrote on Nov 19, 2008 9:17 PM:

" complain about jobs and economy but push them out........spend more time at the obama coffee shops instead of working and doing something productive..... "

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doesthatwork4u wrote on Nov 19, 2008 6:49 PM:

" I find it amazing that concerned_citizen
A) lives in BLOOMER
B) has a mother who won't sleep because of trucks but
C) somehow watches kids IN HER SLEEP
D) thinks railroad tracks are there for asthetics
E) wants us to believe that NO ONE heard about the plant (its been all over the paper and TV)
F) thinks an INDUSTRIAL PARK shouldn't have INDUSTRY
G) believes her mother's sleep pattern concerns me more than several HUNDRED jobs ... that we NEED.

Sorry, I DON'T care; get off our back; and NO I have no money invested but I have neighbors who WOULD like jobs. "

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correctthinking wrote on Nov 19, 2008 5:20 PM:

" concerned_citizen is a great example of "Team NIMBY" and their disinformation campaign getting everyone so worked up over this that they all turn of the city, and the company. The Plan Commission held a PUBLIC HEARING, as REQUIRED BY LAW, again, REQUIRED BY LAW, once more, REQUIRED BY LAW, where the citizens could speak, after said hearing, the commission voted again BY LAW, and passed the project, there is NOTHING ILLEGAL. The only thing missing is the NIMBYs thought capacity to realize and rationalize that the entire process was, and is LEGAL, and their concerns are NOT JUSTIFIED AT ALL. "

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Bob wrote on Nov 19, 2008 4:46 PM:

" Lets just shipp all it over to China! "

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michael wrote on Nov 19, 2008 4:32 PM:

" To the Company that wants to build their operations:

Tell these people to back off or your going to run 24/7 operations. "

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concerned_citizen wrote on Nov 19, 2008 3:52 PM:

" (continued) Not only will she be exposed, but she also watches my son for me which means he will be at risk for health problems as well. I am not okay with this going in. This also affects us where we live in Bloomer as we live near the railroad tracks. I'm sorry, but I don't want to listen to 80 trains go by my house everyday. I think if others were informed about the health risks and the excess noise that they will be dealing with there would be more than a little over 50 people complaining. The whole point in this is to inform the public that was apparantly not informed to begin with and to stop the city from making a huge mistake by not protecting their citizens. I would guess that "correctthinking", you have some money tied up in the deal or you would be thinking more clearly about your neighbors with more concern rather than seeing dollar signs. Some things are more important than making another buck or two. "

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concerned_citizen wrote on Nov 19, 2008 3:43 PM:

" I was not informed, as well as, many others about this new sand plant. Apparantly, it wasn't made public or we would have heard about it prior to the decision being made by the commission. I cannot believe that the citizens that are going to be affected by this were not given a chance to voice there opinions or have a say in this decision. My mother just recently moved in directly next to the field where it is planned to be built. There will not only be a nucense of sand making it's way in to her yard, home and the air that she breaths, but there will also be numerous amounts of trucks going in and out of the site in her backyard. She works 3rd shift which means she will not be getting much sleep during the day with all the noise. A lack of sleep is not good for her health, not to mention all of the other health risks related to the sand that she'll be breathing in. One of the health risks is cancer. (continue to part 2) "

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correctthinking wrote on Nov 19, 2008 1:37 PM:

" In other words, Popple and her band of merry NIMBYs want an "unbiased" Plan Commission, no doubt made up of members of her faction of misinformed, uninformed, never served on any level of government, to reverse a LEGAL decision. Instead of making up goofy signs, holding rambling press opportunities and generally trying to get the informed citizens that see right thru your feeble attempts at NIMBY, try READING and RESEARCH the REGULATIONS regarding this type of facility, but then again, if you did that, you wouldn't have anything to protest. "

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