Map        Projectplan (pdf-file)      More information about Nemoland (pdf-file)

DESTRUCTIVE MINING PLANS THREATEN UNIQUE LANDSCAPES
IN POLISH KARKONOSZE AND IZERY REGION

Despite massive local protests and legal democratic procedures against devastating mining plans in Stara Kamienica, on 31-3-2005 the Province (Wojewoda) of Lower Silesia gave the Polish mining company Pol Skal concession to start the preparations of the mining activities on 53 ha. of ground. The Province also refused to accept any local organizations as a legitimate party in the proceedings. Now only the Polish Minister of Environment, mr. Tomasz Podgajniak can prevent the devastation of valuable nature and landscape in the Stara Kamienica district by annulling the decision of the Province.

The Mayor and Council of Stara Kamienica, local Protest Committees, regional NGO’s, cultural organizations and national park authorities are asking the Minister to prevent the Pol Skal mining plans. They also ask urgently support from foreign NGO’s and EU-authorities.

The people who appeal to the Minister against the mine fear the catastrophic devastation of the natural landscape, so far not touched by industrial activity. In their opinion opening up a mine here would be a disaster for the surrounding area. They are afraid that the preparations alone which the company wants to conduct first, can turn the picturesque hills of
Izery Mountains into a lunar landscape. In Stara Kamienica the locals are very much afraid that the mining industry will lay open the dangerous uranium, which was exploited here many years ago.  

The Polish company Pol-Skal wants to strip mine stone for some precious minerals (leucite); granite will be a by-product to be used for new roads and some industries. They will blow up granite rocks causing enormous clouds of dust. Day and night, the noise of pulverising the stones will be heard for many miles. Big trucks with stones will drive through the villages all the time. One mine will affect an entire region and destroy all local initiatives for agrotourism, ecological farming, the Nemo Centre and different projects for sustainable development. Recent research proves that this mining industry does not improve employment or the local economy. On the contrary, the region will become much more impoverished.

The mining area is located in the North of the Giants’ Mountains (Karkonosze) and
Iron Mountains (Góry Izerskie) in the Jelenia Góra district in the south-west of Poland in the immediate vicinity of several nature reserves. In this relatively unspoiled agrarian landscape there is a huge quantity of cultural and natural monuments, including historical landscape elements; castles; palaces; mills; archaeological sites and monumental villages. This natural landscape connects several famous nature reserves. This area is an important and monumental centre of European history with high tourist potential, nicknamed Middle Europe's Tuscany . Its outstanding international value has been recognised at several international conferences organised by the Polish institute for the preservation of cultural landscapes where they advised the Polish Government to put this area on the Unesco World Heritage List.

In the region and abroad, there is strong support from many organisations and individuals to protect this landscape by a combination of improving the local economy and the promotion of rural tourism (cultural-, health- and agro-tourism). The Polish government is asked by them to acknowledge the value of these precious landscapes in Poland and put policy in place to ban devastating mining activities in nature reserves and monumental cultural landscapes.

More information: www.pz.nl/nemo/mines.html
Fundacja Nemo - Kopaniec-Miedzylesie 5 - 58-512 Stara-Kamienica – Poland - info@nemoland.org

ARGUMENTS AGAINST THE POL SKAL MINING PLANS IN STARA KAMIENICA

1.       The way in which Pol Skal wants to realize the mine is misleading
a.       Pol Skal asked permission to do research instead of asking permission for mining activities because the permission for research is easier to obtain, without EIA (environmental impact assessment). In fact the research is the start of mining industry because Pol Skal will ruin the landscape by digging 70 m. deep holes and 1,3 km. long ditches on 53 ha. of ground. That is why asking permission for research is a juridical trick to mislead the villagers.
b.       The planned mining area is in the middle of a populated area of several villages. Pol Skal did not give any information about the mining plans and their effects to the local committees nor to the villagers themselves and the designated neighbours of the planned mine.
c.       At the time of buying Euromarket , mother-company of Pol Skal, hid its real intention by saying that the land was meant for horses. The villagers feel they are cheated. The mining company is also losing support by threatening the local protest committees, Nemo and local journalists by legal procedures.
d.       The Pol Skal plans for a combination of mining industry and agrotourism development are misleading and not realistic.

2.       It is clear that mining is important to the economic development of Poland . That is why Pol Skal should develop mining – based on proper economic and environmental assessment - in areas that do not have primary touristy cultural and nature protection functions.

3.       The mining plans doesn’t fit in the landscape
a.       The region of Izery villages south of Stara Kamienica, north of Izery mountains has always been a tourist area well known because its natural beauty, historical buildings, healthy atmosphere and beautiful scenery. Recent history there lacked industrial activities like mining.
b.       The planned mining area is part of a valuable historical landscape with archaeological values. This was proved by excavations last year. Historians and international cultural organizations consider this landscape to be a part of the Jelenia Góra Valley , one of the most valuable landscapes in Europe . Three international conferences organised by the Polish centre for the preservation of historic landscapes under the patronage of the International committee for historic gardens and cultural landscapes (ICOMOS-IFLA) have advised the Polish government to introduce the region into the UNESCO world heritage list. Mining activity will destroy part of this landscape.
c.       On the Pol Skal land in Mala Kamienica there are many public roads and an essential part of the tourist foot path infrastructure of Stara Kamienica. Is it illegal to destroy public roads.

4.       Examples of mining industry in the neighbouring district of Mirsk, shows that mining industry doesn’t give the local population any benefits from the mine, either in terms of job opportunities or any other social or economic investments. On the contrary, the region has become visibly poorer and nowadays, a broad asphalt road where heavy trucks bearing stones drive along continuously is the only dominant feature within the villages.

5.       It is not clear where and how the minerals will be processed.
a.       Pol Skal doesn’t give any detailed information about their mining plans: the exact scale of industry, the products and materials., the processes of explosions, digging and grinding, transport, roads and future plans, safety systems and measures against dust, noise, light and compensation of damage.
b.       Their reports and motivations are full of mistakes and prove that they have no information and knowledge about environmental, natural and cultural values of the region.

6.       The effects on the environment would be a catastrophe
a.       During summer last year the villages Chromiec and Mala Kamienica had no drinking water at all. Villagers are afraid that the mining-activities will deregulate drinking water systems even more.
b.       Because of the old uranium mines our area is known as the most radioactive in Poland . Villagers are afraid that the mining activities will cause radioactivity.
c.       There hasn’t been any research about all effects of the research and the mining activities on the environment by a independent environmental organization.
d.       The houses down in the valley of Miedzylesie, for example the Nemo Centre, are right opposite the mining area and will get all noise and dust of the mining activities. Pol Skal cannot assure that all damage will be paid to the owners, also the loss of value and the loss of income.

7.       There is no local support for the mining plans
a.       In the new spaceplan of the municipality Stara Kamienica the land of Pol Skal has an agrarian destination.
b.       The Council and Board of Stara Kamienica choosed in a democratic process against the mining plans and adopted a strategy-plan for sustainable development. Pol Skal is not able to accept these democratic decisions.
c.       The majority of the local population is against the mining plans.

8.       Pol Skal is a small and new company founded by Euromarket with very little experience in mining industry. It is not clear why Pol Skal is starting mining activities in such a complex way and with so much risk in causing environmental damage. Euromarket, the mother company of Pol Skal, is a well known big company in Poland with international strategic partner General Motors. It is also not clear why Euromarket is participating (via Pol Skal) in controversial projects like Stara Kamienica.

9.       Issuing the concession to Pol Skal the Province (Wojewoda) made many mistakes and faults.
The Province of Lower Silesia (Wojewoda of Dolny Slask) so far has not
1.  given its motives for not accepting the negative opinion of the mayor of Stara Kamienica on 8-12-2003 . Pol Skal appealed to this decision but the court rejected the appeal on 2-2-2004 ;
2.  indicated why she changed her own negative decision on 17-3-2004 by which she refused the concession for Pol Skal;
3.  demanded a environmental impact assessment (EIA). This is obligatory because Pol Skal will use dynamite for the research, and because this research may well cause damage to drinking water and radio-activity because of old uranium mines;
4.  involved the District Jelenia Góra (Powiat) while deciding about the concession;
5.  informed organizations which appealed to the concession (Towarzystwo na Rzecz Ziemi) about the public hearing on 1-2-2005 ;
6.  accepted local organizations (protest committees, Fundacja Nemo) as juridical parties;
7.  accepted direct neighbours as juridical party. They appealed to the concession because they fearing damage to their water resources (13 meter from the mining area);
8.  done research to the natural values and biodiversity of the area. The area is on the list of Nature 2000;
9.  done research into the cultural values of the area. The conservator for protection of monuments mr. Wojciech Kapałczyński and the director of the museum mr. Stanislaw Firszt have written a report about this;
10.  taken into account the local development plan for the Stara Kamienica District by which the Muncipality chooses for sustainable development which entails protection of nature and scenery, rural tourism and agrarian development;11.  taken into account Stara Kamienica's environmental planning laid down by the Municipality;
12  acted in accordance with Art 9 point u 2 of the Aarhus Convention, signed by the Government of Poland.

APPEAL TO THE POLISH MINISTER OF ENVIRONMENT

 Ministry of the Environment / Ministerstwo środowiska
Minister Mr. Tomasz Podgajniak
Warszawa, ul. Wawelska 52/54
00-922 Warszawa

Dear Sir,

We kindly request that you annul the Decision of Wojewoda Dolnośląski nr 3/P/05 granting the concession for research of the feldspar field "Kamienica Mała" by Pol Skal, because this decision has many legal faults.

1. The decision does not meet the criteria of article 107§3 Administrative Law Code, because it does not mention the reasons why some of the arguments were refused credibility and force of evidence. 
- in particular it does not explain why the Decision of Wójt (mayor of Stara Kamienica) 8 December 2003 (nr 7514/11/2003) is refused credibility and force of evidence. 
- it also does not say why arguments brought by the Protest Committee after the meeting on the 1st February 2005 in an additional letter are refused credibility and force of evidence.

The information provided by the Protest Committee concerned the fact of the presence of habitats of dozens of animal and plant species on the territory where the research is planned. This letter formulated a demand for the concession giving bodies to carry out an inventory of plant species on the given territory, in view of the fact that it might give light of substantial circumstances regarding the case.
- in the same way arguments regarding the archaeological value of the territory were not taken into consideration.

Moreover, another plea of the parties to the proceedings was not taken into consideration. It stated that the project of the geological works attached to the application for the concession does not meet the criteria set out by the Geological and Mining Law (law of 4 February 2004 , Dz.U. Nr 27, poz. 96), regarding water research in the bedrock.
The regulation of the Minister of Environment of 19 December 2001 regarding the geological works projects in paragraph 2, indent 2, point 4, letters: k, l, m foresees a duty to design several aspects of research regarding the geological works in particular connected with water management on the site. 

The project of geological works does not contain such research. Moreover the reasoning proving that the plea of possible damage to safeguards of water quality is groundless shows that there is no appropriate explanation regarding the plea. The phrases: "should not" or "we should presume" show that the concession-giving body has no knowledge and certainty regarding the case, while, in a result of ignoring the plea, water in local farm wells might disappear. Therefore it is not correct to say that the proceedings were carried out with "utmost scrutiny", as it was noted in the explanation to the decision by the concession-giving body. 

2. The decision granting the concession violates local law. Provisions of the Study and Proposal for the Spatial Development of the Gmina Stara Kamienica, on which basis planning is currently being prepared, do not foresee that activities in the scope provided for by the concession are carried out there. In the decision a fact was also omitted, that this ground is of agricultural destination, to be forested and there are large complexes of protected soils on it. Those soils are threatened with erosion. 

3. The decision granting the concession does not contain any provisions regarding the land reclamation after finishing the research, nor does it give the deadline for carrying out such works. There were also no concrete parameters given regarding the research ditches of the total length 1300 m. 

4. The decision was taken without the participation of local community. The Protest Committee of the Inhabitants of the Villages Antoniów, Chromiec and Międzylesie was not allowed to act although it provided all necessary documents viz. the list of the representatives, the protocol and local village documents authorizing the natural persons to represent the local community which is against the planned investment. It violates Art 74 of the Constitution of the Republic of Poland and Art 9 point 2 of the Conventions of Aarhus, ratified by the Republic of Poland .

5. The Environmental Impact Assessment attached to the application for granting the concession takes into account incorrect data and omits necessary information, which otherwise would be necessary for making the decision. The protesters have many times pointed this out during the concession proceedings. For example it was not mentioned that the largest part of the area is forest land and that this area lies within the boundaries of an underground water protection zone.
The evidence gathered by the FER Foundation, which has been forwarded to Towarzystwo na Rzecz Ziemi, shows that the research activities will be in breach of the Polish Conservation Law, as well as the EU Habitat and Birds Directives. As a result of those activities, especially "geophysical research" and digging ditches of 1 meter wide and 2 meters deep with a total length of 1,3 km, the habitats of numerous legally protected plant, reptile, amphibian and bird species can be destroyed. The appeal mentions all the species by name and adds that a separate professional inventory is needed to protect the species from irreversible damage, which would occur if heavy machines were to dig 2600 cubic meters of ground. Due to drilling and geophysical works using explosives in the exploratory wells, as well as directing electric current through the ground, many species will flee their habitats. It will be impossible to assess illegal environmental losses afterwards. Failure to draw up an inventory of plant and animal species will mean destruction of evidence, given that it was made clear that the decision granting the concession can violate the law in this way. Making such an inventory is especially important in view of the fact that the environmental impact assessment attached to the application for the concession states incorrect facts in many places. 
Carrying out the ground works foreseen by the concession is a serious hazard to the planned area of research for drinking water intake for the Mała Kamienica village. This also contravenes the local development strategy and plan.
The evidence gathered by the FER Foundation proves that granting the concession will clearly be in breach of the Old Monuments Law. As a result of works permitted by the concession, in particular digging with heavy machinery of 2600 cubic meters of ground, without archaeological supervision, unique archaeological sites of material medieval culture will be irreversibly damaged.

The unique medieval processing of colored glass was developed on this territory also because of the fact that many minerals containing radioactive elements were present in the ground such as cobalt and uranium. During the meeting of all the parties to the case on 1 February 2005 representatives of the protesters pointed out the presence of the uranium in the ground. Before issuing the concession it was the duty of Wojewoda to investigate the status-quo. Information given by the employee of the National Atomic Agency concerns the post-uranium territories around Kopaniec, about 500 meter from the area of the planned research as well as in Kromnów. In no way does it clarify the doubts, which have been voiced before. There are many reasons to think, however, that uranium will also be present on the territory of the planned research. For that reason it is necessary not to allow to start carrying out the works without conducting independent professional research first. Asking for information from an employee of the Atomic Agency is not enough to solve the problem. There is a lot of circumstantial evidence that points out to the existence of the genuine hazard on the territory of the planned research. The danger is that the deposits of many abundant radioactive elements will be moved during the ground works, which will cause the contamination of air, soil and drinking water. It is necessary to remember that:
-  The so called “Studium” for conditions and directions for the municipal planning for the Gmina Stara Kamienica” from 1999, says, on page 6: “in 1951-53 the extraction of uranium ores was carried out (20 thousand cubic meters was extracted) in the fault of Kamienica-Rębiszów. On page 10 we read: “the increased degree of radon emanation from the ground was stated on the territory. (…) The concentrations of radon on the given territory belong to the highest in Poland . (…) The increased concentration of radon emanation on the territories neighbouring old mines and uranium spoil-heaps demands using special solutions in house building and limits the settlement activity in this area. 

6. The concession was issued following a procedural flaw. Fundacja FER, which is acting in the proceedings on party's rights, was not informed in the way provided for in the article 91§2 Administrative Law Code about the meeting on 1 February. The Pol-Skal company's plans in Mala Kamienica will devastate this region's culturally and historically valuable landscape. The area under threat is within or borders on several national parks and protected areas in the Karkonosze and Góry Izerskie mountains in the Sudete area of south-west Poland and is extremely valuable both in terms of its outstanding natural beauty and rich cultural heritage. This centuries old historical landscape is relatively unspoiled and has a unique concentration of monuments: castles, palaces, old farm houses, mills, churches and archaeological sites. This is why this area is an unsurpassed part of Europe 's cultural heritage that deserves to be maintained and protected.
Historians and international cultural organizations consider this area as part of the
Jelenia Góra Valley , one of the most valuable landscapes in Europe . Three international conferences organised by the Polish centre for the preservation of historic landscapes under the patronage of the International committee for historic gardens and cultural landscapes (ICOMOS-IFLA) have advised the Polish government to introduce the region into the UNESCO world heritage list. The mining activity will destroy part of this landscape. The undersigned organisation hereby ask you:

1.      The annulment of the Decision of Wojewoda Dolnośląski nr 3/P/05 granting the concession for research of the feldspar field "Kamienica Mała" (District Stara Kamienica, Karkonosze and Izery region) by Pol Skal. 
2.      An assessment of the present mining activities and plans in Stara Kamienica based on international and independent environmental and social standards.
3.      Guarantees for a democratic process that leads to a transparent decision.
4.      Support and co-operation with the local population in developing alternative economic plans.  

 We are relying upon your insight and willingness to act in order to prevent the pollution and destruction of one of Poland 's and Europe 's most valuable landscapes. 

Yours sincerely  

APPEAL TO THE POLISH MINISTER OF ENVIRONMENT

 Ministry of the Environment / Ministerstwo Środowiska
Minister Mr. Tomasz Podgajniak
Warszawa, ul. Wawelska 52/54
00-922 Warszawa

Dear Sir

We kindly request that you annul the Decision of Wojewoda Dolnośląski nr 3/P/05 granting the concession for research of the feldspar field "Kamienica Mała" by Pol Skal in the region of the Karkonosze and Góry Izerskie mountains. 

The Pol-Skal company's plans to open a mine in Stara Kamienica municipality will devastate this region's culturally and historically valuable landscape. The area under threat is within or borders several national (landscape) parks and protected areas in the Karkonosze and Góry Izerskie mountains in the Sudety area of south-west Poland and is extremely valuable both in terms of its outstanding natural beauty and rich cultural heritage. This centuries old historical landscape is  relatively unspoiled and has, even for Europe , a unique concentration of monuments: castles, palaces, old farm houses, mills, churches and archaeological sites. This is why this area is an unsurpassed part of Europe 's cultural heritage that deserves to be maintained and protected.

Now Pol-Skal mining company is applying again for minerals research permission after a failed attempt earlier last year. However, their first application together with assessment of current state of environment in the interested area was erroneous. The mistaken assumptions actually were contrary to the strategy of sustainable development for Stara Kamienica region emphasizing agro tourist orientation, conservation of natural values and not industrial exploitation.

The example of Klopotnica in the county of Mirsk illustrates the detrimental effects of stone mining, where with the support of the Swedish company NCC a mine has been established in 1999. Not only have environment, cultural monuments and landscape been damaged beyond repair, but every form of sustainable development such as rural tourism, local economy and quality of life has been permanently curtailed. Research shows that the local population did not receive any benefits from the mine, either in terms of job opportunities or any other social or economic investments. On the contrary, the region has become visibly poorer and nowadays, a broad asphalt road where heavy trucks bearing stones drive along continuously is the only dominant feature of the village. Regular explosions cause large clouds of dust and the inhabitants live in fear of the dangerous uranium that was formerly mined here being released into the air. Noise levels up to 5 km from the mine exceed any national and international standards. Many local farmers who have been investing in the development of agro tourism have lost their customers without any compensation. 

We understand that mining is important to your province's economic development, therefore we request you to develop mining – based on proper economic and environmental assessment - in areas that do not have primary tourist or cultural functions. We also request you to create tourist facilities and other economic activities in the Karkonosze and Góry Izerskie mountains that do not conflict with this area's cultural monuments and landscape. We believe that this area has great potential for hosting economic activities that will benefit the local population as well as protecting the landscape and cultural heritage, such as the development of rural tourism which is seen by many national and international experts one of the main economic potentials for this region. Examples in other countries have shown that mining has a strong and long term negative impact on tourism development. 

Therefore we kindly request you: 
1.            The annulment of the Decision of Wojewoda Dolnośląski nr 3/P/05 granting the concession for research of the feldspar field "Kamienica Mała" (District Stara Kamienica, Karkonosze and Izery region) by Pol Skal. 
2.            An assessment of the present mining activities and plans in Stara Kamienica based on international and independent environmental and social standards.
3.            Identification of alternative mining locations with less environmental impacts far from natural and cultural valuable areas.
4.            Ensure a decision making process that is transparent and democratic.
5.            Support to and co-operate with the local population in developing alternative economic plans.

We are relying upon your insight and willingness to act in order to prevent the pollution and destruction of one of Poland 's and Europe 's most valuable landscapes. 

Yours sincerely

Summary of the juridical situation, by Kamila Jelenska - 24-5-2005

SAVE THIS BEAUTIFUL LANDSCAPE!

In the autumn 2003 POL-SKAL applied to Wojewoda Dolnoslaski to get a concession to conduct research activities on 53 hectares of ground. The application of 14 November 2003 contained an Environmental Impact Assessment. Its content is a matter of debate and Komitet Protestacyjny is pointing out many areas, which are neglected or incorrect.

According to a lawyer, it is difficult to use this argument in the case, however, as here the environmental impact assessment is not necessary because the research activities are not regarded as very dangerous to the environment. Komitet Protestacyjny represents the view that it was necessary to conduct the Assesment, as Pol-Skal is going to use explosives.

In the period of 21 days after publicizing the application together with the assessment, Wojewoda received many letters of protests and requests from the local inhabitants. Before giving its decision Wojewoda needed to obtain an opinion from the local authorities (gmina), according to Article 16 point 4 of the Geological  and Mining Law (law of 4 February 2004 , Dz.U. Nr 27, poz. 96). Gmina gave negative opinion in the Decision of 8 December 2003 (nr 7514/11/2003), which was later appealed to by POL-SKAL to the LOCAL GOVERMNMENT APPEAL BODY (Samorzadowe Kolegium Odwolawcze). It considered the opinion of the gmina valid in a Decision of 2 February 2004 (nr. SKO/41/PG-34/2004). In the decision of 17 March 2004 Wojewoda  refused the concession.

POL-SKAL appealed from this decision to the Minister, who upheld its arguments that not all the circumstances of the case were clarified (art. 7 Administrative Law Code) and it was done without proper participation of the party  - Pol-Skal (art. 10 Administrative Law Code).

The Minister, on the 14.06.2004, in a decision DG/p/TK/487/4131/2004 annulled the decision of Wojewoda and asked him to reconsider it. On 1 February 2005 Wojewoda Dolnoslaski held a meeting of all involved parties, and following it, on 31.03.2005 he granted POL-SKAL the concession to conduct research in a decision nr. 3/P/2005. The meeting was attended by the Protest Committee of the inhabitants of the villages Chromiec, Antoniów, Miedzylesie and Mala Kamienica who presented many arguments and points for consideration in the case, although formally they were not recognised as a party to the case. At this stage there were, and are until now,  only two persons acting on party’s rights: Fundacja EkoFER from Chojnów, and Towarzystwo na Rzecz Ziemi from Oswiecim .

Strangely enough, by 31.03. 2005 the Wojewoda refused the status of a party to Fundacja NEMO and Komitet Protestacyjny, which was later upheld by the minister. At any moment of the procedure new legal persons can apply to act as party’s (neighbours etc) or on the party’s rights in the case (i.e. environmental organizations). Stowarzyszenie Izery is preparing their application at the moment.

Regarding foundations: the lawyer Magdalena Bar during a telephone conversation said that on the basis of Polish case law Foundations are not usually recognised as parties to those kinds of cases. However this statement is debated nowadays by various foundations in Poland and NGOs in general. At present Fundacja NEMO is preparing a complaint to the Province Administrative Court with the help of Public Affairs Institute from Warsaw . It is hoped that this case can make a precedent: we hope that the judge will say that foundations can rightly act on party’s rights in those kinds of cases.

Which does not change the fact that at this moment there are two legal persons acting on party’s rights: Fundacja EkoFER from Chojnów, and Towarzystwo na Rzecz Ziemi from Oswiecim could appeal to the minister regarding the decision of Wojewoda and they did it respectively on the 5 and 9 of April. The appeals to the case were written on the basis of information provided by the Protest Committee. The Minister will now either uphold the decision of the Wojewoda, or not. Given that he has already turned down the negative decision of Wojewoda, he will probably now uphold the positive decision. In this case POL-SKAL can already start mining research activities, however the parties to the case can write to the Dolny Slask Voievodship Administrative Court with a complaint and attach a request to stop the research until the court considers the case.

The Minister seems to have his own logic in making the decisions, however, which might be called as "undemocratic" by protesting sides, but is not considered as such by the Minister himself and Pol-Skal. Perhaps only a judgement of the court can clarify this. Therefore it is necessary to prepare already a lot of arguments and especially evidence supporting this for the court case: expert opinions, Environmental Impact Assessment etc. 

Nowiny Jeleniogórskie, October 2004
Text and the photograph: Daniel Antosik
Translated: Kamila Jeleńska

THEY DO NOT WANT THE MINE AND THAT’S IT!

The conflict around the proposed mining activities in Mała Kamienica is growing. The investor is a company Pol-Skal. The inhabitants of the nearby villages are protesting with great determination against making of a quarry and a proposed survey of the bedrock for the purposes of feldspar prospecting. The company Pol-Skal from Cracow is not less determined: in spite of strong resistance it does not intend to give up its plans.
Pol-Skal is applying for a concession to carry out exploration works in search for feldspar. The firm did not become discouraged neither by the negative atmosphere surrounding their activities nor by the first decisions of the clerks delaying issuing necessary documents. The permission procedure is underway.
The people who are protesting against the mine fear the catastrophic devastation of the natural landscape, so far not touched by industrial activity. In their opinion opening up a mine here would be a disaster for the surrounding area. They are afraid that the exploration works alone which the company wants to conduct first, can turn the picturesque hills of
Izery Mountains into a lunar landscape.
The people of the villages lying closest to the most important territory: Mała Kamienica, Chromiec, Antoniów, Międzylesie, Kopaniec, are all against the mine. A Protest Committee has been established, which supervises the case. A Polish-Dutch foundation NEMO managing a territory neighboring the territory of the planned mine, is also fighting the mine. 

The protesters talk only about the losses, which can be incurred by allowing the firm to carry out its activities in the area. They mention the devastation of the landscape, they are afraid of air pollution and noise, which will be a nuisance for the inhabitants, they see dangers connected with intensive traffic on the small village roads and problems with water circulation in the area. Many village wells are already dry. This can bring about a serious problem for the agro-tourist farms in the area. Nobody will want to spend holidays near a mine. 

- I understand that Pol-Skal wants to earn some money here. But why do we have to suffer from it? For us the mine means only economic losses and death of what is the most important here - say Katarzyna Andrzejewska and Lucjan Markindorf unanimously. They represent the Protest Committee of the villages Chromiec, Antoniów and Międzylesie. 
To prove why they are so afraid of any activities of the company, before staring up the exploration works and exploitation itself, Katarzyna Andrzejewska invites us for a short visit to the nearby village Kwieciszowice. There, on the outskirts of the village, another company explored the ground in the search for minerals.  
- When it turned out that there was nothing to look for here, they did not care to perform post mining restoration of the destroyed land, says Katarzyna Andrzejewska. There are only gigantic ditches left, several meters deep and wide. Only after months of fight have they been finally filled with ground. But you can see yourself how it looks like. There are surface dumps left made of ground which could not have been made even, and trees have started to die in the neighborhood. All this given that the scope of the exploration activities was very narrow in comparison to what is planned by Pol-Skal. 

The chairman of Pol-Skal, Marek Kotowski, assures that all those catastrophic visions are far from reality. Already many months ago, during an open meeting between the company he manages and the local inhabitants, he was convincing them that Pol-Skal was interested in environmental protection and co-operation with the local authorities in solving all sorts of local problems. He meant not only problems which would be connected with the possible nuisance caused by the exploitation of feldspar. If it ever went that far. 
According to M. Kotowski, Pol-Skal is a genuine lucrative business for the poor administrative district of Stara Kamienica, with high unemployment. The chairman of the company mentions the money from the taxes which would be received by  local authorities and new work places. He does not see any logic in the way the local authorities act. He wonders why they distrust Pol-Skal so much in spite of the serious offer the company made to the local government.

- There is a growing problem with water, and the local authorities have no money to find the solution. We have proposed to help looking for water, offering funding as well. If we found water on our territory, we promised that would negotiate selling the plot with the source of water. We were talking about building a factory on the territory of Stara Kamienica , with concrete possibilities for employment. And in spite of this, we have been chased out of the district - says M. Kotowski. However we do not intend to give up our plans. As each land owner, we have right to know what we have in our ground. And we are going to check it. More so, because it may come out, that after exploration of the ground we will see that its character will make it not economically viable to extract it. Then the whole case will be finished with the exploration only. And the whole fuss around it will be useless.

The chairman of Pol-Skal tries to convince the journalists that there are too much social protests around the mine for such a small case. In his opinion the bad publicity surrounding the case is a result of protests made by only a handful of people, and not by a large group of local inhabitants.

 First protests began many months ago, after Pol-Skal turned out to be the owner of many hectares of land and for the first time applied to the Lower Silesia province authorities to get the concession for making a survey of the bedrock for the purposes of feldspar prospecting. There were almost 400 signatures under the protest letter. The effect of the first wave of strong resistance, which has swept the neighborhood, was the negative opinion of the mayor of Stara Kamienica regarding the plans of the company from Cracow . In this case the province officials promised not to grant Pol-Skal the concession. After this first phase of administrative procedure, with the decisions taken in favor of the protesters, the emotions cooled down. In the meantime Pol-Skal withdrew its first application (due to the mistake of the officials, as Mr Kotowski claims) and in the autumn last year it made another application, in which it limited the exploration area from the previously proposed 70 hectares to around 50 hectares. 

The Provincial Governor from Wrocław refused granting of the concession after considering the case. Po-Skal appealed from this decision to the Minister of Environment. The latter, in June last year, annulled the decision of the Provincial Governor and directed the case back to the Provincial Governor for second consideration. As a result of this, the protests have soared again recently. 

- As a Protest Committee we participated in the administrative procedure and we appealed from the decision of the Minister of the Environment to the Highest Administrative Court in Warsaw - explains Katarzyna Andrzejewska. Although we are waiting now for the judgment of the court, some inhabitants of the neighboring villages started telling stories about meetings with some strange people who were seen in the area. One person introduced himself as a representative of Pol-Skal, the other one as a provincial official. They repeated that the protests against the mine had no sense, that the case had been decided long time ago. 

The chairman of Pol-Skal denies sending any representatives of the company to talk with the local inhabitants. He wonders why the whole case is gaining interest now if Pol-Skal does not do anything in months awaiting the administrative decisions. He is convinced that Pol-Skal will get the concession for exploration works. The opinion of the local authorities is not binding for the provincial government in this case, moreover, according to the company, there are no grounds to refuse the granting of the concession again. The earlier decision of the provincial government was, in his opinion, only a way to gain more time in this case. 

In the meantime the protesters stopped peacefully waiting for new developments. They are cautiously watching new steps of the company. Their anxiety increased when a procedure was initiated to sell the ground managed by Pol-Skal. Until now this ground belonged to a company Euromarket. Euromarket created Pol-Skal and rented the previously acquired area to the company. Now it is selling it to them. In a situation like this, the Agency of Agricultural Property has the right to buy the land first - explains L. Markindorf - And Euromarket made an offer to the Agency. The Agency asked officially if there were any people from the neighborhood, who were interested in buying the land. There came 17 people, who were interested in buying this land. In spite of this, the Agency resigned from the right to buy the land first. The price proposed by Euromarket was much too high and therefore not acceptable. But why did not then a court decide about its real market price?  

Already before this happened, the protesters had blamed the new owners of deceitful acquisition of the investment ground. Now they suspect other unclear business hidden behind the procedure of selling the ground. 

- These people see some unclear business everywhere, but this is not the case here replies M. Kotowski -  Euromarket is active mostly on the car market. Its strategic partner is General Motors, which does not wish that companies co-operating with him were active in other fields than cars. That is why Euromarket created Pol-Skal. This company should be active on the market of mineral resources. That is why Euromarket is now selling the ground which is meant to be used for that sort of activity. The protesters blame us with dishonesty, but they break the law themselves. We have taken the trouble and checked them. We have, for example, asked handwriting experts to examine the protest letter, under which almost 400 people were supposed to be undersigned. And it came out, that part of the signatures have been falsified...We are not intending to leave it like that.
Apparently the parties to the conflict are waiting to hit harder. Pol-Skal warns of bringing the case with the falsification of the signatures into court. On the other hand the Representatives of the protest Committee regard the whole case as a joke and a distasteful attack on the initiators of protest letter. At the same time they are informing that they decided to inform the Agency of Internal Security about the case. 
The conflict around the deposits of feldspar in Mała Kamienica lasts. In the meantime the exploitation of feldspar will soon begin in a mine in Karpniki, which had previously been acquired by Pol-Skal. The inhabitants of Karpniki also protested against recommencing of the exploitation in the old mine and the plans of its development. As M. Kotowski assures, the company possesses all necessary documentation to start exploitation. It also possesses land near Kamienna Góra in a special economic zone, where it wants to build a processing factory. When the presently held talks with the recipients of feldspar are finished, the mine will start exploitation of the mineral in spring next year.

Since the elections in 2005 there is a new Minister of Environment in Poland
Minister Środowiska  -  Mr. Mr. Jan Szyszko - phone: (+48 22) 5792404  -  fax: (+48 22) 5792280  
Ministerstwo Środowiska
ul. Wawelska 52/54  -  00-922 Warszawa  - The Ministry telephone central number: (+48 22) 5792900
Mr. Andrzej Skowroński Under-Secretary of State, Chief National Geologist
phone: (+48 22) 5792337 fax: (+48 22) 5792450 

Department of Geology and Geological Concessions 
Director: Mr. Henryk Jacek Jezierski  phone: (+48 22) 5792429, 5792449, ext. 429, 449 
Deputy Directors:  Ms. Kinga Wojtczak  phone: (+48 22) 5792258, ext. 258 
Ms. Ewa Zalewska  phone: (+48 22) 5792335, ext. 335 fax (+48 22) 5792460, Komertel 3912 - 1803 
e-mail: Department.of.Geology.and.Geological.Concessions@mos.gov.pl  -  www.mos.gov.pl/dg/

POLISH  GEOLOGICAL INSTITUTE
Director  Prof. Dr. Hab. Leszek MARKS  -  Address: ul. Rakowiecka 4, 00-975 Warszawa, Poland  
Tel.: (+48-22) 849 53 51 w. 400; (+48-22) 849 50 96 /direct/ -  www.pgi.gov.pl  -  e-mail: lmar@pgi.waw.pl 

The 2 parties which are accepted by Wojewoda are:

Towarzystwo na rzecz Ziemi                             Fundacja Eko-rozwoju FER
ul. Kilinskiego 4                                                  Wojska Polskiego 5/7
32-600 Oswiecim                                                 59-225 Chojnów
tel./fax (0*33) 844 19 34, 842 21 20                    tel. 0-76/8191292, 0-691/528281, 0-601/377935
e-mail: biuro@tnz.most.org.pl                          e-mail: marion8@poczta.onet.pl
http://www.tnz.most.org.pl                               http://zolwieozdobne.ires.pl/marsel/fer/misja.html

NEWS: 14-7-2005 Polish Minister of Environment rejects decision of Province (Wojewoda).  Still no  concession for Pol Skal to start mining activities. The Province has to decide again (for the third time!). 3-2-1006 After appeal to the Court, Fundacja Nemo is accepted as juridical party

NEMO Association for ramblers, Westerpark 2 NL 1013 RR Amsterdam Holland nemo@pz.nl tel: +31 20 681 70 13 fax: +31 20 681 70 13