Muskegon-area residents, surrounding municipalities and environmental groups representing thousands of people have voiced their opinion loud and clear: they oppose the Nugent Sand Company's request to discharge 8.3 million gallons of treated mining wastewater per day into Lake Michigan. Resolutions, petitions, letters, postcards, faxes and phone calls have inundated Governor Granholm's office and the state Department of Environmental Quality (DEQ) requesting denial of Nugent's final permit for a 36-inch wide, 600-feet long pipeline running beneath critical dunes to a multi-ton erosion structure on the high-quality beach.

Originally, the DEQ's Geological and Land Management Division denied Nugent's pipeline permit due to destabilization of the dune, erosion, serious environmental impacts and the pipeline and erosion structure violating the law. Nugent contested the denial. Recommending approval, Administrative Law Judge Richard Patterson cited "economic hardship" of the multi-million dollar company and declared the erosion structure "not a structure." DEQ Director Steven Chester is reviewing the case. His decision is forthcoming.

The Muskegon Chronicle conducted a poll of whether Nugent Sand should be allowed to discharge into Lake Michigan. Of 183 respondents, 93% voted no, 7% voted yes. All other local industries use the Muskegon County Wastewater Treatment System, a world-renowned facility. Nugent says that is too expensive.

The proposed discharge would be about one-half mile from the Muskegon Heights Water Filtration Plant and a mile from the Muskegon Water Filtration Plant. DEQ is not allowing the City of Muskegon to put its water filtration plant backwash into Lake Michigan.

Robert Chandonnet, sole owner of Nugent Sand and the Dune Harbor Estates Development, wants the pipeline and discharge for two reasons. First, it would stop residual mining additives from entering the groundwater. Idlewild and Winnetaska residents between Nugent and Lake Michigan have witnessed their well water deteriorate and become unusable. DEQ has found an indirect link between the mining additives Pamak and Pine Oil and excess levels of iron and manganese fouling the groundwater. Both communities have sued Nugent. The current groundwater permit requires Nugent to provide water to the affected residents. Nugent has contested the requirement and has not provided any water.

Nugent's second reason is to stabilize the mining lake levels prior to building Dune Harbor Estates, a multi-million dollar housing development. The mining lake levels are rising beyond expectations and have encroached plotted lots. John Fordell Leone, Assistant Attorney General, says Michigan law provides special exceptions to landowners with structures already built, whose health and safety are threatened. Since this is not the case, Leone says the State of Michigan should not put its rare and natural resources in danger due to the poor business decisions of Chandonnet. Chandonnet chose not to hire experts with sufficient hydrology experience when planning his development. Chandonnet says it is too expensive to redesign the development.

The City of Muskegon has won the National Clean Beaches Award for three years in a row for one of the cleanest beaches in the nation. In addition, the new Muskegon-Milwaukee high-speed cross-lake ferry is proving highly popular. Tourists are coming to the gorgeous Muskegon beaches. Muskegon is working hard to become a tourist destination. Muskegon says, "No way!" to the Nugent proposal.

To find out how to help, go to the Muskegon Save Our Shoreline web site: http://muskegonsaveourshoreline.org/.