Cottage Grove City Council OKs environmental statement for proposed mine in Mississippi River bed

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The Cottage Grove City Council, over the objections of numerous agencies and residents, signed off Wednesday night on a final environmental review related to a proposal to mine the riverbed of the Mississippi River.

The council, by a 5-0 vote, approved the final environmental impact statement adequacy done by a mining company that operates a sand and gravel mine on Lower Grey Cloud Island in Cottage Grove. The company, Amrize Nelson, wants to expand and shift operations into the Mississippi River — and mine the actual riverbed.

The council’s vote means the project proposed by Amrize, formerly known as Holcim-MCR Inc., will move on to the permitting stage, where officials from the Minnesota Department of Natural Resources and the U.S. Army Corp of Engineers will make decisions about the proposed project based on the information in the EIS, Cottage Grove officials said.

Amrize is proposing to move its mining area to reach additional aggregate reserves on about 400 acres of privately owned land that it leases adjacent to the existing facility in the backwaters area of the Mississippi River on Lower Grey Cloud Island. There are only about five years of life remaining in the existing permitted Nelson Sand & Gravel Mine Facility; the expansion could extend the life of the mine by another 20 to 25 years, according to Amrize officials.

The mine’s environmental impact statement was “Item S” on the consent agenda at Wednesday night’s council meeting, meaning there was no formal discussion on the matter, but Whitney Clark, executive director of Friends of the Mississippi River, voiced his objections during the meeting’s open forum. Among his main concerns: Mining is not allowed in shoreline areas within the Mississippi River Corridor Critical Area in the city, he said.

“This EIS is deeply flawed and should not be approved,” Clark said. “The proposed project is not legal. City and state regulations ban mining in shoreline areas within the Mississippi River Corridor Critical Area. The city claims those rules somehow don’t apply to the Nelson Mine, but they do. The city’s own shoreline mining ban very clearly applies to expansions of existing mines such as this one. The language in the city’s ordinance is clear.”

Clark told the council members that it would be “illegal” for them to approve an environmental impact statement “with such serious factual inaccuracies.”

“Cottage Grove’s insistence on pressing forward, regardless of the facts, could result in legal challenges that will cost the city and its residents for years to come,” he warned. “I urge you to halt this EIS approval process until the document accurately reflects the damage this project will cause and the legal issues associated with it.”

But Cottage Grove Mayor Myron Bailey said city officials spent three years working with a team of specialists and experts, including hydrologists, biologists, archaeologists, ecologists, noise specialists, geologists and engineers, to review the adequacy of the environmental statement.

“The city, since Day 1, has taken our role as the responsible governmental unit to gather potential impacts very seriously,” Bailey said. “This action tonight does not permit the project. It is specific to the adequacy determination of the final EIS.”

The final environmental impact statement is a 1,000-page document that comprises more than 100 “comments and concerns” that will be a reference for agencies such as the Minnesota Department of Natural Resources, the U.S. Army Corp of Engineers and the Tribal Nations to inform their decision around permitting of the proposed project, Bailey said.

“Our role was to gather the potential impacts of this proposed project and we did that,” he said.

“Why is the city ignoring the input from so many other government agencies including the Metropolitan Cuncil, DNR, National Park Service, Army Corps, Prairie Island Indian Community, Shakopee Mdewakanton Sioux Community, and others?” Clark asked at the meeting. “Cottage Grove is ignoring the law in favor of one corporate tenant’s interests.”

The mining project will “damage wetlands, mussel beds and rare plant communities,” he said. “It will reduce backwater access for boaters, hunters and anglers. It will add noise and visual pollution to local parks and neighborhoods. All of that harm will go on for decades.”

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Among the agencies that objected was the Minnesota Indian Affairs Council, which wrote that “no mining activities or ground disturbance is permitted within cemetery site boundaries. The Final EIS still has plans to have mining development constructed within cemetery boundaries (i.e. conveyor belt). … It is a felony offense to disturb a cemetery. Non-compliance with regulatory decisions can result in legal action.”

In response, officials wrote in the final environmental impact statement that “documented burial mounds associated with the Schilling Archaeological District will not be impacted as a result of the project. … It is anticipated that additional coordination related to potential impacts to cultural resources will occur as part of state and federal permitting processes.”

Representatives from Amrize Nelson did not immediately return a message seeking comment.

Judge orders release of US Border Patrol head Gregory Bovino deposition videos: Watch them here

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A federal judge Wednesday ordered the release of video taken during an hourslong deposition given last week by U.S. Border Patrol Cmdr. Gregory Bovino.

The Chicago Tribune and Chicago Public Media petitioned U.S. District Judge Sara Ellis to release the recordings, which were filed under seal as part of a lawsuit led by the Chicago Headline Club, a nonprofit journalism advocacy organization, and a consortium of other media groups. The journalism organizations allege federal immigration enforcement officials have systematically violated the constitutional rights of protesters and reporters during President Donald Trump’s mass deportation mission, which began in early September and shows no sign of slowing down.

Ellis, who issued a temporary restraining order last month, announced Thursday that she will put longer-term restrictions on federal agents’ use of chemical agents on crowds and provide enhanced protections for protesters and members of the media.

The released videos can be seen in their entirety on the Tribune’s YouTube channel, but here are some of the highlights:

U.S. Customs and Border Patrol in Chicago

Bovino, who is leading Trump’s immigration enforcement effort in the Chicago area, testified that he is leading roughly 220 U.S. Customs and Border Protection agents as part of the so-called Operation Midway Blitz. He said he reports directly to Homeland Security Secretary Kristi Noem.

‘More than exemplary’

Asked by veteran Chicago civil rights attorney Locke Bowman if he stood by remarks he made to CBS that the use of force at the Broadview ICE facility has been “exemplary,” Bovino at first surprised everyone by saying, “No.”

“The uses of force have been more than exemplary,” Bovino clarified.

In placing longer-term restrictions Thursday, Ellis disagreed.

“The use of force shocks the conscience,” she said.

‘Violent rioters’

During the deposition, Bovino said he had not witnessed his agents using tear gas or pepper-spray balls against protesters in Broadview, but chemical agents were used against “violent rioters” and “assaultive subjects.”

Definition of a protester

When asked to define “protester,”  Bovino said it’s a person “exercising their constitutional rights to speak — to speak their opinion, to speak their mind in a peaceful fashion … in accordance with laws, rules and with the Constitution.”

“We get protesters on both sides of the issue. Sometimes they protest against, say, a Title 8 immigration enforcement mission, tell us they don’t like it, we shouldn’t be there, we need to go home, use very foul language oftentimes,” he said. “And then there’s also protesters on the other side of the issue that say ‘hey, you should be there. We’re glad you’re here. Continue to be here.’ So, I look at those as peaceful individuals exercising their right to, one, be there and, two, speak their mind. It’s freedom of assembly, freedom of speech.”

Bovino then rattled off a list of public actions he said his agents have experienced, actions he uses to draw a distinction between protesters and “violent rioters” or “assaultive subjects”: “Removing masks, kicking agents, grabbing agents’ groins, assisting and abetting prisoners from escaping, shooting fireworks, knifing and slashing tires with weapons, throwing rocks through windows of vehicles to hurt agents and/or detainees.”

‘Not a reportable use of force’

On the video, Bovino is asked about an Oct. 3 arrest he made involving a man protesting outside the Broadview facility. According to the complaint, Bovino ordered a man to move down the street after the man told him, “you love to be on television.” As the man started to move, the complaint states, Bovino “stepped across a barrier,” tackled the man and arrested him.

During the Nov. 4 deposition, Bovino said the arrest “was not a reportable use of force. I placed him under arrest. I didn’t tackle him.”

More about Bovino’s interaction with the protester

Bovino was asked about an encounter with the man, Scott Blackburn, who was protesting at Broadview. The lawyer and Bovino disagreed over whether he used force when he tackled the protester.

“He doesn’t like the fact that you are instructing him to move down,” the lawyer said to Bovino.

Bovino objected to the lawyer’s characterization, saying instead, “That individual is failing to follow instructions to vacate the area.”

The video shows Bovino tackling the protester. But Bovino characterized it a different way.

“I’m imploring Mr. Blackburn, or whoever that individual was, to comply with leaving the area and to comply with instructions,” Bovino said.

Asked if he was “making physical contact,” Bovino said he was. But he denied that it was a use of force, saying it was different than using deadly force or “open-hand strikes.”

But he disputed that he used force against the protester.

“The use of force was against me,” Bovino said.

The judge, however, said she did not believe Bovino’s testimony about force that his agents and he personally inflicted in incidents across the Chicago area.

“In one of the videos, Bovino obviously attacks and tackles the declarant, Mr. Blackburn, to the ground,” Ellis said. “But Mr. Bovino, despite watching this video (in his deposition) says that he never used force.”

Pastor struck in the head

In video taken at a protest outside the U.S. Immigration and Customs Enforcement facility in Broadview, the Rev. David Black walks toward the building and appears to talk with someone on the roof. A fellow demonstrator offers Black a bullhorn, which the Presbyterian pastor appears to ignore.

Seconds later, Black begins dodging pepper-spray projectiles fired at him, as another protester lifts his shirt and dances a jig as if daring someone to shoot at him. Black initially takes a few steps back, then moves forward with his arms outstretched, looking up toward the building and talking.

On the video, pepper-spray balls can be seen striking the ground in front of Black. He is then struck in the right arm by one. He appears to try and turn away before he is struck again, this time in the head.

Other protesters quickly gather around him as he kneels or falls to the ground, the recording shows. Bystanders lift him and help spirit him away.

Struck again

On the video, Black returns to sidewalk in front of the detention center with a megaphone in hand. As he appears to speak to someone on the roof, pepper-spray balls are fired in his direction.

A protester appears to try to shield him with a sign, but it doesn’t work. Black is hit in the head again.

Bovino on the incident with Pastor Black

Bovino was asked about Rev. David Black, a Presbyterian pastor who was shot in the head by a federal agent. He declined to answer the question, which was framed as a hypothetical, saying he was “unable to comment on that use of force.”

Pressed further, Bovino said: “I don’t know what the use of force was here. I can’t make a judgment either way because I don’t know.”

State volleyball: New Life Academy rallies from 2-0 hole to win state quarterfinal

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New Life Academy didn’t fold when times got tough Thursday in St. Paul.

The fifth-seeded Eagles dropped the first two sets of their Class 2A quarterfinal against fourth-seeded Southwest Christian before rallying to win a five-set thriller 22-25, 16-25, 26-24, 25-21, 17-15.

New Life Academy (27-4) will meet top-seeded Hawley at 5 p.m. Friday in the semifinals.

The Eagles trailed 13-8 and 14-11 in the final set, but rallied on the serves of Jada Mitchell and Ella Servais, thanks in part to a number of errors from the Stars.

Senior right-side hitter Marisa Michaelis — a South Dakota State commit — paced the Eagles with 21 kills, while Ryleigh Schelhaas and Alexa Lilly had 13 kills apiece for the Woodbury school.

Avery Beckering had 23 kills for Southwest Christian, who swept New Life Academy in two sets in mid-September.

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Review: Prince’s music is the best thing about the ‘Purple Rain’ musical

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“Purple Rain,” the movie, is an odd one. Fronted by a first-time actor and marred by misogyny and violence, it ultimately succeeds thanks to one of the greatest rock music soundtracks in history.

“Purple Rain,” the musical, is also an odd one. Fronted by a first-time actor and marred by attempts to correct that misogyny and violence, it nearly succeeds thanks to, well, the music.

After three weeks of previews — a time when producers gauge audience reaction and make changes as needed — the (reportedly) $26.5 million world premiere based on the 1984 film officially opened Wednesday night at the State Theatre in downtown Minneapolis. Friends, family and followers of the Purple One filled the crowd, including Soul Asylum’s Dave Pirner, Revolution drummer Bobby Z (who, along with Prince associate Morris Hayes, served as a musical adviser) and filmmaker Spike Lee. (Minneapolis music icon James Samuel “Cornbread” Harris Jr. was sitting behind me at the show.)

It’s not the story of Prince, but rather a loose adaptation of the film, itself a semi-autobiographical tale based on Prince, who is dubbed “the Kid.” But pretty much everyone else — Apollonia, Morris Day, the members of the Revolution — are referred to by their real names. And a significant amount of the musical takes place on a reproduction of First Avenue, awkwardly renamed “the First,” the famed nightclub where much of the film was shot. So the lines between truth and fiction understandably get blurred.

Beyond newcomer Kris Kollins in the lead role, the cast and crew are stocked with seasoned Broadway professionals, including Tony-nominated director Lileana Blain-Cruz and two-time Tony Award winner and Pulitzer Prize recipient Branden Jacobs-Jenkins, who wrote the book. “Hamilton” actor Jared Howelton steals every scene he’s in with his over-the-top and absolutely hilarious portrayal of Morris Day. (Even when he sings a song from inside of a dumpster!)

Blain-Cruz and Jacobs-Jenkins attempted to counter the rampant sexism in the movie — which includes a scene where a woman is tossed into an aforementioned dumpster — by fleshing out the characters of Apollonia and Revolution members Wendy and Lisa and exploring the Kid’s mental health issues. In the first night of previews, those changes bogged down the proceedings, which stretched past three hours (including intermission) with seemingly endless scenes weighed down with therapy speak.

Wednesday’s production made much-needed cuts and edits that dropped about a half hour’s worth of the show and gave it a more streamlined feel. At the same time, the storyline now comes across as even more muddled and confusing. One could walk away thinking it’s the story of a self-absorbed jerk who is terrible to everyone around him and magically becomes a slightly less self-absorbed jerk by the end.

The best thing that happened during previews is Kollins’ rapid development from timid amateur to captivating headliner. On the first night, he nailed Prince’s vocals but utterly lacked in stage presence whenever he wasn’t singing. His line readings still feel stilted at times, just like Prince’s felt in the movie. But now Kollins has figured out how to shine like a true star and the show’s all the better for it.

It’s worth taking a moment to acknowledge that Prince was a true musical genius, a once-in-a-generation talent who mastered every instrument he touched, wrote and performed trail-blazing, game-changing music and made it all look as easy as breathing. That Kollins can even come close to replicating any of that is incredible. “Purple Rain” is the definition of a musical that will live or die based on its lead.

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First look: Five observations from the new ‘Purple Rain’ musical

While the plot needs work that may well be impossible, the musical sequences are the real draw. Thanks to advisers Bobby Z and Hayes along with Tony Award-winning music supervisor Jason Michael Webb, the songs throb with raw energy. They also serve as a reminder that Prince drew from any number of genres including rock, funk, gospel and electropop to create such enduring numbers.

“The Beautiful Ones” closes the first act and sees the Kid attempting to win back the heart of Apollonia, played by Broadway vet Rachel Webb. The emotionally charged number, easily one of Prince’s finest moments, culminates with the Kid writhing around on the floor, screaming in agony and ecstasy, pain and release. Breathtaking is one way to describe it.

Even better is “Darling Nikki,” the famously filthy rocker that so offended Tipper Gore and other Washington wives that they created the Parental Advisory sticker for records, which ironically enough became a sort of badge of honor for some musicians. The song is a vital one from the era of Dirty Prince, long before he became a Jehovah’s Witness around the turn of the century.

Kollins performs the number on a stage bathed in deep red light and stares directly into the hand-held cameras that beam live footage to a screen above, a move used in several songs to terrific effect. For a few electrifying minutes, Kollins truly does embody Prince in all his mysterious, dangerous and sexually charged glory. Moments like that make it easier to overlook the show’s flaws.

‘Purple Rain’

When: Through Nov. 23
Where: State Theatre, 805 Hennepin Ave. S., Minneapolis
Tickets: Starting at $50.25 and priced dynamically via hennepinarts.org
Capsule: The music is the star of this show.