Communications between Gogebic Taconite and DNR employees

Daniel Schneider filed this request with the Department of Natural Resources of Wisconsin.
Status
Completed

Communications

From: Daniel Schneider

To Whom It May Concern:

Pursuant to Wisconsin's Open Records act, I hereby request the following records:

A copy of all communications between Wisconsin Department of Natural Resources employees and employees of Gogebic Taconite - or anyone communicating on their behalf - regarding a proposed iron ore mine in the Penokee Range.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Daniel Schneider

From: Bangert, Suzanne A - DNR

Hello Mr. Schneider:

The Department has received your Open Records request of July 21, 2014 for, "A copy of all communications between Wisconsin Department of Natural Resources employees and employees of Gogebic Taconite - or anyone communicating on their behalf - regarding a proposed iron ore mine in the Penokee Range." This is a very broad request, incorporating approximately 45 staff members, and will take a substantial amount of time to complete.

The open records laws allow the Department to recover the "actual, necessary and direct costs" of responding to an open records request. Our estimate for the potential cost of your request at this point is approximately $1,725.00. The Department does have the discretion to grant fee waiver requests based upon the public interest. However, in determining the public interest, the Department has to balance the fiscal impact of providing the records at no cost to the requestor with the public interest in recovering these costs, and factor in the benefit to the public in doing so. In this case, the Department has decided not to grant a waiver.

One way to help reduce the cost of an open records request is to narrow the scope of your request. The Department is requesting that at a minimum you include a date range in your request. Other ways to narrow a request can include: limiting to specific staff members correspondence, more specific subjects, etc. Looking at our web page for the Gogebic Taconite potential mining project may be helpful in narrowing your request http://dnr.wi.gov/topic/mines/gogebic.html. On this site you will find many communications between DNR staff and Gogebic Taconite, including documents on the bulk sample plan, stormwater permits, exploration licenses, pre-application and other information. You may also subscribe to receive email updates when information is posted to the site.

The Department will require pre-billing for this request. Once we receive your narrowed request we will send you an invoice with the updated amount. Once we receive payment we will begin processing your request. If the final cost of the request is less than the amount billed, a refund will be issued.

Please feel free to contact me if you have questions. If you are not able to reach me, please contact Ms. Katie Patten at (608) 266-2177.

Sincerely,

We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Sue
Suzanne Bangert
Deputy Administrator - Air, Waste and Remediation & Redevelopment
Wisconsin Department of Natural Resources
Phone: (608) 266-0014
Cell Phone: (608) 575-4016
Fax: (608) 267-0560
suzanne.bangert@wisconsin.gov

[cid:image002.png@01CFA7FE.F3820530]<http://dnr.wi.gov/> dnr.wi.gov<http://dnr.wi.gov/>
[cid:image004.jpg@01CFA7FE.F3820530]<http://facebook.com/WIDNR> [cid:image006.png@01CFA7FE.F3820530] <https://twitter.com/WDNR> [cid:image008.jpg@01CFA7FE.F3820530] <http://www.flickr.com/photos/widnr/> [cid:image010.jpg@01CFA7FE.F3820530] <http://www.youtube.com/user/WIDNRTV> [cid:image012.jpg@01CFA7FE.F3820530] <http://dnr.wi.gov/rss/>

From: Daniel Schneider

Dear Sue,

Thanks for getting back to me. What if I narrowed my request to this:

A copy of all communications between Wisconsin Department of Natural Resources employees and employees of Gogebic Taconite - or anyone communicating on their behalf - between January 1 2014 and July 31, 2014.

AND

A copy of all communications of Wisconsin Department of Natural Resources employees containing the words "Bad River" "Bad River Chippewa" or "Chippewa" from between January 1, 2013 and July 31, 2014.

Would this significantly alter the size of the FOIA request so as to put me within acceptable bounds for a fee waiver?

Dan

From: Bangert, Suzanne A - DNR

Hello Mr. Schneider:

While providing a date range is a good start to narrowing your request, it does not decrease the number of staff working on the request. Therefore, it does not significantly decrease the estimated cost. In addition, adding the “Bad River” component greatly expands your request, and would likely increase your pre-bill estimate. The DNR has correspondence with the Bad River Tribe on more topics than just the proposed Gogebic Taconite Mine, and therefore all communications with the words “Bad River” “Bad River Chippewa” or “ Chippewa” would encompass a large volume of records. We assume that your request for communications with the words “Bad River” “Bad River Chippewa” or “ Chippewa” is specific to the proposed Gogebic Taconite Mine. Please let us know if that is incorrect.

The Department continues to deny your request for a fee waiver. However, narrowing your request further may decrease your bill. Some suggestions on narrowing your request include: requesting communication of specific DNR staff, more specific topics such as bulk sampling, or further shortening the time period. Please keep in mind that since this is a large project, incorporating a large number of staff, that even after narrowing it is unlikely that the request will have no associated cost.

We are aware that keeping costs down is a concern. We have responded to a different open records request that included, among other things, a request for written communications between the DNR and the Bad River Band or any other Indian Nation from March 11, 2013 to March 19, 2014, relating to exploration, bulk sampling or the mining project proposed by Gogebic Taconite. If you are interested we could make those records available to you at no charge.

Please feel free to contact me if you have questions. If you are not able to reach me, please contact Ms. Katie Patten at (608) 266-2177.

Sincerely,

We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Sue
Suzanne Bangert
Deputy Administrator – Air, Waste and Remediation & Redevelopment
Wisconsin Department of Natural Resources
Phone: (608) 266-0014
Cell Phone: (608) 575-4016
Fax: (608) 267-0560
suzanne.bangert@wisconsin.gov

 dnr.wi.gov
    

From: Daniel Schneider

Suzanne,

Thanks for your response and helpful clarification. In light of that I'd like to re-amend my request to the following in the hopes that it will bring down the projected cost:

A copy of all communications between the following Wisconsin Department of Natural Resources employees and employees of Gogebic Taconite - or anyone communicating on their behalf - between January 1, 2013 and July 31, 2014:

-Secretary Cathy Stepp
-Deputy Secretary Matt Moroney
-Assistant Deputy Secretary Scott Gunderson
-Larry Lynch, Hydrologist
-Phil Fauble, Hydrologist
-Cory McDonald, Bureau of Science Services

Let me know if this would significantly reduce the cost enough to make this request possible. Thanks!

Dan

From: Patten, Kathleen M - DNR

Hello Mr. Schneider:

It appears that your updated request has been sufficiently narrowed, and will not require a fee. We will proceed with your request, and will let you know when it is ready. Please contact me with any questions you may have.

Sincerely:

We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Katie Patten
Paralegal - Bureau of Legal Services
Air, Waste, Remediation & Redevelopment Division
Wisconsin Department of Natural Resources
Phone: (608) 266-2177
Kathleen.Patten@wisconsin.gov

[cid:image001.gif@01CFBBB3.59D69950]<http://dnr.wi.gov/> dnr.wi.gov<http://dnr.wi.gov/>
[cid:image002.gif@01CFBBB3.59D69950]<http://facebook.com/WIDNR> [cid:image003.gif@01CFBBB3.59D69950] <https://twitter.com/WDNR> [cid:image004.gif@01CFBBB3.59D69950] <http://www.flickr.com/photos/widnr/> [cid:image005.gif@01CFBBB3.59D69950] <http://www.youtube.com/user/WIDNRTV> [cid:image006.gif@01CFBBB3.59D69950] <http://dnr.wi.gov/rss/>

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 21, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Patten, Kathleen M - DNR

Hello Mr. Schneider:

We have completed your open records request. Attached are directions on how to access your records. Please contact me with any questions you may have.

Sincerely,

We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Katie Patten
Paralegal - Bureau of Legal Services
Air, Waste, Remediation & Redevelopment Division
Wisconsin Department of Natural Resources
Phone: (608) 266-2177
Kathleen.Patten@wisconsin.gov

[cid:image001.gif@01CFC850.A978F850]<http://dnr.wi.gov/> dnr.wi.gov<http://dnr.wi.gov/>
[cid:image002.gif@01CFC850.A978F850]<http://facebook.com/WIDNR> [cid:image003.gif@01CFC850.A978F850] <https://twitter.com/WDNR> [cid:image004.gif@01CFC850.A978F850] <http://www.flickr.com/photos/widnr/> [cid:image005.gif@01CFC850.A978F850] <http://www.youtube.com/user/WIDNRTV> [cid:image006.gif@01CFC850.A978F850] <http://dnr.wi.gov/rss/>

From: Washburn, Jane A - DNR

Hello Mr. Schneider:

We discovered a typo on the instructions sent to you. Under #4 the Records Fileshare Library number should be 4 not 2 as was sent to you. Sorry for any inconvenience.

We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Jane Washburn
Phone: 608/267-7558
Jane.washburn@wisconsin.gov

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