AQUAVIST EMAIL ALERT: 6.23.10 Aquavist Update
ASIAN CARP CAUGHT NEAR LAKE MICHIGAN
Aquavists - I am passing on this scary news, and will follow up in coming weeks. We are pushing Congress to amend the current authority of the Army Corps of Engineers to focus efforts on telling the region not if, but how to make hydrologic separation happen as quickly and effectively as possible.
Hydrologic separation does not mean that:
- Commercial shipping stops;
- Recreational access to Lake Michigan is cut off;
- All navigational locks are closed; or
- Flooding will increase in severity.
Rather, if well planned, separation will result in investments in new infrastructure to benefit both the economy and the environment of Chicago, the Great Lakes, and the Mississippi River Basin regions.
FOR IMMEDIATE RELEASE June 23, 2010
Carp Captured: Invasive Bighead Carp Caught Near Lake Michigan
Fish finding affirms eDNA testing and points to need for aggressive action to stave off fish invaders
CHICAGO (June 23, 2010) – The nightmare scenario of Asian carp entering the Great Lakes through Chicago waterways is closer to reality as the Asian Carp Regional Coordinating Committee announced today that they had captured an invasive bighead carp in Lake Calumet, 6 miles away from Lake Michigan. The fish’s capture bolsters repeated environmental DNA tests which have shown that the carp have evaded an electrical barrier intended to prevent their movement out of canals artificially connecting the Great Lakes and Mississippi River system.
Scientists and government regulators agree that the invasive fish pose a dire threat to the Lakes because of their size and voracious appetites. Environmental groups throughout the Great Lakes have been advocating for quick action to impede the carp’s headlong swim towards Lake Michigan, even as federal officials and business interests have questioned the validity of cutting edge science that pointed to the invasive species’ presence. Today’s news brings a renewed call for more agile efforts to prevent the carp’s movement.
Many organizations have called for hydrologic separation of the two systems to ensure the movement of the carp and other invasive species is stopped. The U.S. Army Corps of Engineers recently said that a study of this solution will take five to seven years.
Following are statements from regional NGOs engaged on the carp issue: “Asian carp are like cockroaches, when you see one, you know its accompanied by many more you don't see,” said Henry Henderson, Director of the Natural Resources Defense Council’s Midwest Program (and a former Commissioner of the Environment for the City of Chicago).
“Now we can stop arguing about whether the fish are in Chicago’s canals and start moving as quickly as possible toward permanently separating the Great Lakes and Mississippi River watersheds. We just cannot wait five to seven years for the Army Corps of Engineers to complete its own studies before deciding to solve this problem.”
“This live Bighead carp was caught well beyond the electric fence that was supposed to stop them, only six miles from Lake Michigan. There are no other physical barriers before these monsters reach Lake Michigan,” said Andy Buchsbaum, Director of the Great Lakes Office of the National Wildlife Federation. “If the capture of this live fish doesn’t confirm the urgency of this problem, nothing will. We need to pull out all the stops; this is code red for the Great Lakes.”
“This underscores the urgency of measures to stop the carp from entering the Lake, and of beginning as soon as possible with an analysis and plan for separating the Lake Michigan and Mississippi/ Illinois River watersheds,” said Jack Darin, Director of Sierra Club’s Illinois Chapter. “That's the only way to permanently stop the Asian Carp, and other alien invaders, from getting into our Great Lakes. The sooner we are able to break the artificial connection between these two waterways, the sooner we will be able to stop killing off fish in the Chicago River system.”
“This discovery underscores the urgent need to act quickly to solve the Asian carp crisis,” said Jeff Skelding, director of the Healing Our Waters-Great Lakes Coalition. “Great Lakes restoration and economic recovery hinge on preventing invasive species like the Asian carp from getting into the Lakes. We are urging the U.S. Congress to direct the U.S. Army Corps of Engineers to study—and complete in short order—the most efficient and effective way to build a barrier between the Great Lakes and Mississippi River.” IDNR’s statement about the fish caught yesterday is available at:
http://asiancarp.org/documents/FINALRCCCarpDiscoveryLakeCalumetJune232010.pdf
AQUAVIST EMAIL ALERT:
5.25.10 Aquavist Update
ENVIRONMENTAL SCORECARD
Dear Aquavists – we are entering election season, as you know. Tip of the Mitt Watershed Council is a NON-partisan organization and we do not get involved in electoral politics when it comes to endorsements. However, we do keep track of what elected officials do, once they are in office. We believe this is crucial information for our members, who normally include water issues when they consider topics that will influence how they vote. For the Michigan legislature, the way that Senators and Representatives voted really matters, even though we have term limits. Many of those elected officials move on to compete for other elected offices, once term-limited out of their current office. We are seeing that this year, certainly. To help you make an informed decision, our friends at the League of Conservation Voters have posted their Nonpartisan Report on Votes Addressing Conservation and the Environment, also known as the Environmental Scorecard, which you can access here.
AQUAVIST EMAIL ALERT:
5.19.10 Aquavist Update
CHEBOYGAN COASTAL WETLAND RV DEVELOPMENT PERMIT DENIED
Dear Aquavists – We just found out that the permit application for the Cheboygan RV Park on 35 acres of Lake Huron Coastal Wetlands has been denied by the DNRE. This is great news and a great example of the agency simply applying the statute to the process and providing the intended protection. This is a big win and we thank you all for your support on this one. Bottom line: the federal and state governments are spending real money to restore and protect the Great Lakes. This permit denial is in keeping with the wetland protection laws, and supports those restoration and protection efforts by enforcing those laws. We appreciate the hard work of DNRE on this and applaud their decision. Once again, your voices were heard and Aquavists have made a difference! Thank you!
AQUAVIST EMAIL ALERT:
4.14.10 Aquavist Update VARIOUS...
Dear Aquavists – This is not an “alert”, per se, but I thought you’d appreciate an update on a few things:
1 – Fish kill on the Pigeon River in 2008: See our Cheboygan Aquavist pages for info about the settlement with DNRE and the Song of the Morning Ranch to remove a private dam on the Pigeon River. The settlement is in response to the faulty operation of the dam in June 2008, which resulted in a significant pollution event and fish kill. Link is here:
http://www.watershedcouncil.org/aquavists/cheboygan%20county%20aquavists/
2 – Asian Carp in the Supreme Court…again: this Friday, April 16, the Supreme Court will consider reopening a 1922 case that tried to stop Illinois from diverting water from Lake Michigan through the Chicago Sanitary and Ship Canal. With Asian Carp knocking at the door of Lake Michigan and the Great Lakes Basin, Michigan and six other Great Lakes states are asking the court to reverse decisions that allow Illinois to operate and maintain the canal. Here’s a Detroit News article link that highlights the National Wildlife Federation’s resolution last weekend at their annual meeting in Houston: Close the locks!
http://www.educatedangler.com/news/asian-carp-watch/66-news/1287-conservation-group-close-locks
3 – April 22nd is the 40th Annual Earth Day: Attached you will find what our friends in Cheboygan are planning – it’s quite a party that starts tonight and will last the entire week! Take a look at the great events they have to offer, including lots of fun things for kids and grandkids. If you have an Earth Day celebration you’d like us to highlight, please send me the details! That’s it for now – thanks for your continued interest and support!
AQUAVIST EMAIL ALERT:
3.31.10 Elk Rapids Dam
Dear Aquavists – Antrim County has decided to submit an application to the Federal Energy Regulatory Commission to apply for continued approval to operate the Elk Rapids Dam as a power producing facility. This decision has been unanimously supported by a coalition of local environmental organizations.
Today we posted an article about this issue, written by former Elk-Skegemog Lakes Association president, Dean Ginther. You can find it on the Antrim County Aquavist page here: http://www.watershedcouncil.org/aquavists/antrim%20county%20aquavists/
We urge all Elk Rapid Chain of Lakes residents to check it out, and make your voices heard. Additionally, anyone interested in the general topic of dams in Michigan would appreciate this article, as well. We hope you find this information helpful. Thanks, as always, for your continued interest and support!
AQUAVIST EMAIL ALERT:
2.11.10 Cheboygan coastal wetlands issue
Dear Aquavists – there are 35 acres of important Lake Huron coastal wetlands at risk from a proposed development that would dump over 10,772 cubic yards of fill (!!) into 3.75 acres of wetlands. Why? To create an upscale RV park.
Please see our comment letter for specific details. We requested a public hearing and that is scheduled for March 4. Comment period for the hearing is from March 3 -14.
The next proposal could be to fill in valuable, rare coastal wetlands at your favorite piece of the Great Lakes. Please write a comment letter in support of our friends in Cheboygan. We have Aquavists who have been working on a coastal wetland fills violation in Antrim County that is taking YEARS to resolve. We want to prevent anything like that at this site. Please lend your support and send a letter in opposition.
Here's our comment letter:
January 28, 2010
Mr. Scott Rasmussen DNRE
Land and Water Management Division
2100 West M-32 Gaylord, Michigan 49735-9282
RE: File No. 09-16-0034-P Cheboygan Waterfront, LLC
Dear Mr. Rasmussen,
Tip of the Mitt Watershed Council is writing on behalf of over 2,200 individual and business members, including 30 member lake associations. We thank you for the opportunity to comment on the above application in conjunction with the provisions of Part 303, Wetlands Protection of NREPA, 1994 PA 451, as amended. We oppose granting this permit.
We are familiar with this proposal, having commented upon it when it was in front of the City of Cheboygan for local approval in June 2009. We have visited the site several times, including once with the wetland consultant acting as the agent for this application. We obtained permission from the developer and consultant to do subsequent site visits for the purpose of working with them to propose alternative approaches. In November 2009, we sent a follow up letter to them with recommendations.
Unfortunately, from what we can tell in the permit application, not much has changed from the plans we saw on August 18, 2009. However, we do wish to acknowledge an important good point about this proposal. The plan reflects an attempt to utilize as much upland as available. The access drive follows an existing, disturbed upland route, for the most part. Having said that, even though attempts were made to avoid impacts in this way, much more could be done. For example, we also told the applicant that one ‘cut through’ road would be better than the two proposed, and we continue to assert that. This is the first point related to why we object to this proposal, as is.
We realize that the available upland area is rather limited. However, to achieve the development as proposed will require extensive disturbance of wetlands and uplands in terms of area and volume – much more than desirable. We also suggested that not every lot needs to be developed; some empty open space could be accommodated to take wetland hydrology and connectivity into consideration. If 103 RV lot spaces are the only way this development proposal can result in positive economic return, then the applicant should consider another approach to the site. This approach is simply an inappropriate use for this land. It is not wetland dependent. The impact of this project upon crucial Lake Huron coastal wetlands is, instead, quite unacceptable; bad for the wetlands and bad for the community that depends upon coastal wetlands to keep the lake healthy.
It is in the public interest to provide recreational opportunities for people in the Great Lakes. However, the impacts from this development will significantly add to existing factors that, if allowed to continue, will spoil Lake Huron and that is not in the public interest. Eventually, people will not have recreational opportunities in the Great Lakes because these kinds of projects, taken together, have created cumulative impacts that contribute to degraded water quality, for example, or loss of the fishery. Considering that 90% of the 200 Great Lakes fish species rely on coastal wetlands at some point in their lifespan, it is no small matter to allow these wetlands to disappear or stop functioning to provide this essential fish habitat. How does a proposal such as this demonstrate that there is no unacceptable disruption to aquatic resources? It can’t.
We have already lost an astonishing 2/3 of our Great Lakes coastal wetlands. These important features retain or remove nutrients and pollutants before they enter the lake, protecting water quality. In addition to fish, they also provide vital habitat for wildlife and waterfowl, including threatened and endangered species; for example, we have seen and documented the presence of Dwarf Lake Iris on site. Additionally, the wetlands act like a sponge, decreasing potential flood peaks by storing water from storm events, and recharging area ground water supplies in the process. There is value in having large wetland complexes that are not disturbed and fragmented, from a habitat and hydrological perspective. What functions and values, such as the ones just listed, will this proposal take away?
Has a Functions and Values Assessment of the property been done, and if so, is it available for the public to review? Has the latest technology been used, such as MiRAM or FQA, to make such determinations? If not, we believe this type of assessment should be standard for any coastal wetland project of this size before approval is granted. The question should be asked: does a 35-acre tract of Lake Huron coastal wetlands qualify as a rare and imperiled natural community? There are important societal and scenic values to maintaining what is left of Great Lakes coastal wetland communities. If there are so few left to preserve outright, should we allow these to be devastated, as well?
Additionally, the connectivity of the coastal wetlands with the interior wetlands on the property should not be overlooked. This entire complex was formed by natural processes, hard at work to produce the indispensible ecosystem services these wetlands provide in support of our human needs and sustenance.
Here are additional points of concern:
The volume of wetland fill (10,772 CY) is tremendous. Limiting fill area and volume should be emphasized for this location if any development is permitted.
Many more design alternatives should be taken into account to result in fewer developed lots. Fewer lots mean less disturbance. The scale and development intensity of the proposed project is far too great for this valuable wetland complex site.
Many more low impact development (LID) features should be used to avoid all unnecessary impacts. Numerous things could be done; minimize impervious surfaces by reducing the lot/pad size; road widths/lengths/routes should be significantly reduced; use alternative surfaces such as porous pavements and pavers; etc.
What assurances can be given that oils and other vehicle discharges will be handled or contained? What if there is an accident in the development that results in spills, etc. that pollute the surrounding lands?
On-site mitigation is not even close to a solution because it means disturbing valuable uplands and will not likely result in high-quality wetlands.
Off-site mitigation should be coastal wetlands, not forested wetlands as suggested in the Alternative Considerations document. Loss of these coastal wetlands cannot be replaced and mitigation must be substantial if any part of this wetland complex is lost to a permitted project.
What are the available feasible and prudent alternatives to this proposal? It is our understanding that the applicant also owns 45 acres across the street from this site, but we don’t know what the land features are in that location. Perhaps the RV proposal would be more appropriate on that land, in terms of impacts and potential feasible alternatives. Regardless, we are certain that this site is absolutely inappropriate for the proposed permit.
We understand this is difficult for the property owner, but developing this site has to accommodate every potential for keeping the wetlands protected. It would have been very difficult to miss the wetland features when this property was purchased; as such, it is up to any buyer to beware of potential pitfalls connected to purchasing wetland property, including existing laws that regulate the way the land is developed. The health of the Great Lakes depends in no small measure on our ability to allow coastal wetlands to remain in tact, undisturbed, in order to provide all the benefits that they offer. Laws passed to regulate development in wetlands are meant to limit destruction of these ecosystem components, one property at a time.
For over a century, the importance of large, in tact wetland complexes on the shores of the Great Lakes were not recognized. However, for the past 40 years, advances in science have made it apparent that protection of these wetlands is essential to the health of the Great Lakes. Federal and state wetland laws were passed because it is now understood that the functions and values performed by these water resources are key to the public interest.
The wetland protection laws are strong, for good reason, and they must be enforced. In this case, the permit should be denied because it is not wetland dependent; destruction of these wetlands is not in the public interest; it results in unacceptable disruption to aquatic resources; and there are feasible and prudent alternatives available. On Friday, January 22, 2010 we requested a public hearing on this application. Please let me know if have any questions on the elements of this letter. Thanks very much for your consideration.
Sincerely, Grenetta Thomassey, PhD Policy Director
AQUAVIST EMAIL ALERT: 2.4.10 Uniqe wintertime opportunity - our streams and rivers need you!
Dear Aquavists – Below is a great opportunity for you and your friends or family. What does it take to protect our flowing waters?
On Saturday, February 27th from 9:00am – 3:00pm you will have an opportunity to explore the amazing aquatic ecosystem of a Northern Michigan river during the wintertime. Tip of the Mitt Watershed Council will supply all the tools you will need to collect and examine aquatic insects, snails, crustaceans and other small invertebrates, which are used as bio-indicators to gauge the health of a river. If you have waders, bring them along.
This is a perfect event for friends and families to learn more about the river and what you can do to protect and serve our precious water resources. After exploring the river the group will return to the Tip of the Mitt Watershed Council office for a potluck and socializing. This event is free and the public is welcome to attend.
Limited space is available so please RSVP by contacting Kevin Cronk at Tip of the Mitt Watershed Council at 231-347-1181 or by e-mail at kevin@watershedcouncil.org .
AQUAVIST EMAIL ALERT: 11.20.09Groups Declare Asian Carp Emergency
Dear Aquavists – Tip of the Mitt Watershed Council is on the Steering Committee for the Healing Our Waters Coalition, which is dedicated to Great Lakes Restoration. The Coalition got some very bad news today about the possibility that the dreaded Asian Carp may have made their way past the barrier and are much closer to Lake Michigan. I’m hoping you will take a moment to make a handful of important calls today to stop the Asian carp from invading the Great Lakes.
Call your member of Congress AND the Director of the Illinois Department of Natural Resources and urge them to:
- Tell the Corps to immediately close all controlling locks in Chicago waterways that lead to Lake Michigan.
- Tell the Corps to take any and all monitoring and control efforts to keep the Asian carp at bay and the Great Lakes safe.
- The risk is too great to delay taking action; we must act today to save the Great Lakes from this devastating invasive species.
To reach your member of Congress, can call the Capitol Switchboard at: 202-224-3121
To reach IL DNR Director Marc Miller, call 217-785-0075 Thanks for taking quick action on behalf of the Great Lakes.
AQUAVIST EMAIL ALERT: 10.28.09 Oct 28 Meeting RE: Mullett Lake Walleye
Dear Aquavists – there is a meeting tonight about the Mullett Lake Walleye issue with the DNR. There has been a lot of MISINFORMATION about this issue, mainly because of inaccuracies in the DNR memo that originally went out about it. That memo is being corrected and will be re-sent.
The issue here is the fact that DNR did a population survey of Walleye that showed a dramatic decrease in numbers. DNR had numerous options but the one they chose is problematic, for many reasons. If our research and information is correct, Tip of the Mitt Watershed Council is opposed to the DNR approach and we have several pressing questions to pose tonight.
Please join us if you are interested in this issue. Here is the meeting info:
**Meeting Notice** Invitation to those interested in Mullett Lake Walleye There will be a meeting October 28 to discuss the walleye Tribal allocations for Mullett Lake. Speakers include Dr. Kelley Smith, Chief DNR Fisheries Division, and Nick Poppoff, DNR Tribal Coordination Unit. Representatives from the LTBBOI and the Sault Tribe have also been invited. Date: Wednesday, October 28, 2009 Place: Ocqueoc Township Hall 14101 N Allis Hwy, Millersburg, MI 49759 Time: 7:30 pm
AQUAVIST EMAIL ALERT: 10.1.09 SAVED WETLAND PROGRAM BUT BITTERSWEET VICTORY
Wetlands program saved, but state budget puts the Great Lakes and public health at serious risk
Lansing -- The legislature will return to Lansing today to put the final touches on a bill that will keep Michigan’s wetlands program running at the state level for an additional three years. Proposals had been made to send the program back to the federal government to operate on a limited basis. Environmental groups applaud the efforts of the legislature to protect these critical resources. Wetlands protect neighborhoods from flooding, cleanse water before it reaches lakes and streams, safeguard the purity of well water and provide vital habitat for fish and other water-dependent wildlife.
“Keeping the program in Michigan is certainly an environmental issue, but it is also a very pressing economic issue,” said Grenetta Thomassey, policy director at Tip of the Mitt Watershed Council. “Sen. Patty Birkholz, Rep. Rebekah Warren, and Rep. Dan Scripps all understood that and worked tirelessly to help keep the needed perspective. Relinquishing the program would have meant unacceptable work-related delays as our state climbs out of the recession, in addition to increasing the likelihood of damaging environmental violations. Keeping the program here, and funded, increases our potential for being eligible for Great Lakes Restoration funding from the federal government, which will also create jobs as it restores wetlands and provides clean water infrastructure.”
Unfortunately, the retention of the wetland program is the only good news for natural resources in a budget deal that includes drastic reductions in general fund support for Michigan’s public health, water protection and natural resources management. In the case of the Department of Environmental Quality (DEQ) the cuts amount to a 39% reduction in general funds for program designed to protect public health. We believe the legislature must explore options more thoroughly that increase revenues, either through the elimination of outdated tax breaks or new sources.
MEC President Chris Kolb noted that the budget does not give away Michigan’s wetland protection program to the federal government – a positive and important development. But he said even that silver lining is not enough to outweigh the damage that draconian budget cuts will have. “We appreciate the sincere efforts of legislators, interest groups and others who have worked for months to maintain control of our own wetlands,” said Kolb. “But it may be a hollow victory, due to other cuts to programs designed to protect the Great Lakes and protect public health.”
The proposed cuts will result in polluters not being inspected, complaints from the public not being investigated, and increases in illegal toxic discharges to Michigan’s waterways and landscapes. Recently the DEQ has seen the return of practices not experienced since the 1970's -- burying barrels in the back field, fish kills due to illegal dumping in streams, and contamination of drinking water sources from illegal and virtually unmonitored pollution.
The cuts also will slow the issuance of permits to businesses and stop the redevelopment of contaminated brownfield sites that are necessary to revitalizing our cities and towns.
“If Michigan is trying to sell "Pure Michigan" -- it needs to bolster these programs or our water wonderland will be in serious trouble,” said Kolb. Failure to fund these programs damages the public’s health and hurts Michigan's ability to recover from this recession.
AQUAVIST EMAIL ALERT: 9.25.09 THE BUDGET CRISIS AND OUR WATER
Dear Aquavists - As you know, the Michigan Legislature is in the midst of serious budget negotiations. With a multi-billion dollar deficit to deal with and the threat of a government shutdown, it is critical that lawmakers know exactly what YOU expect!!
We understand that every aspect of state government has to make severe cuts, but special interests have taken advantage of this situation to try and destroy environmental protections in Michigan.
Even before this current budget crisis, The Department of Environmental Quality (DEQ) and the Department of Natural Resources (DNR) were disproportionately affected by budget cuts.
Michigan is spending millions of dollars on an ad campaign marketing a Pure Michigan, yet less than 1% of our state's general budget goes toward protecting the resources we are attempting to promote. This is irresponsible, especially considering that tourism and recreation are one of the three largest economic sectors in our state.
Problem: The DEQ has seen funding erode since 2002, representing a 68 percent reduction in general fund support over 7 years. Along with the DNR, they are being targeted for additional budget cuts that will prevent them from performing their basic, constitutionally mandated duties to keep your water clean enough to drink, your lakes and rivers safe to swim, your air clean enough to breathe, and your state lands suitable for recreation and tourism. These budget cuts pose a serious risk to public health as well as our economy, which relies on tourism and recreation as a multi-billion dollar industry.
Solution: Tell your elected officials that protecting Michigan’s natural resources is a top priority. We cannot afford more disproportionate cuts to the agencies that protect these resources – especially when they are refusing to consider revenue reasonable sources. Neither the public health of our citizens nor the economy of Michigan can handle the risks and burdens of unprotected natural resources.
Action Needed: THE LEGISLATURE WILL BE IN SESSION OVER THIS WEEKEND Please send your state lawmakers (Representatives and Senators) an email today. Ask them to vote for revenue sources in the final budget solution, and no more cuts to the DEQ/DNR. The decisions they make today will determine budget priorities and allocations for the next two years in Michigan.
AQUAVIST EMAIL ALERT: 8.21.09 CLEAN WATER RESTORATION ACT AND WETLANDS
Aquavists – I am forwarding a message from my colleague, Jennifer McKay. Please consider asking any groups you are associated with to sign on to this letter. I realize that federal legislation can seem very remote sometimes, but in addition to its other good qualities, this bill is vital for Michigan if the wetland program is not saved. Discussions about the wetland program are still ongoing, but nothing is settled. See below, and thanks for considering:
Hi All, Passage of the Clean Water Restoration Act has always been important to Michigan – a state rich in water resources. TODAY, IT IS MORE IMPORTANT THAN EVER! The Governor’s proposal to return Michigan’s wetland protection program to the federal government has still not been resolved. If the state’s wetland program is returned, many of Michigan’s water resources are at risk of no longer being protected. At a minimum, approximately 17 percent of our wetlands (930,856 acres) are not clearly regulated by the federal government.
We are circulating a sign-on letter encouraging Michigan’s members of Congress to cosponsor and vote for passage of the Clean Water Authority Restoration Act of 2009. The Clean Water Authority Restoration Act of 2009 would reaffirm the original intent of the Clean Water Act to protect all of the nation's waters from pollution. The bill is needed because decisions by the Supreme Court over the past few years and administrative actions have muddied the waters regarding the jurisdiction of the Clean Water Act, making this bill critically important now.
The US Senate Environment and public Works Committee passed a compromise version of the Clean Water Restoration Act of 2009 (S. 787). We expect a bill to be introduced in the House and movement on the bill when Congress returns from recess in September. We need to encourage our Members of Congress to pass the bill quickly. It is important to let them know that we cannot delay…we must pass the Clean Water Restoration Act now! For Michigan, a state surrounded by the Great Lakes and richly endowed with important wetlands, it is nothing short of essential.
PLEASE SIGN ON TO THIS LETTER. If you would like to sign on, please respond to me (jenniferm@watershedcouncil.org) by Thursday, September 3, 2009 with the name of your organization, as well as the name and title of the signatory from your group. Please feel free to forward this on to anyone who might be interested.
AQUAVIST EMAIL ALERT: 7.2.09 IN HONOR OF JULY 4TH
Aquavists – to thank you for all your hard work as engaged citizens, I want to share a great website re: the Declaration of Independence: http://www.archives.gov/exhibits/charters/declaration.html
AQUAVIST EMAIL ALERT: 4.24.09 WETLANDS
Hi, Everyone – hope you are all enjoying this terrific weather today!! I have a quick update for you. I promised to send talking points for the Senate DEQ Appropriations Subcommittee after the legislative spring break. I have not yet done so because numerous discussions are taking place in Lansing about this issue. Quite frankly, we want to see what they produce before we start calling and contacting the Senate Subcommittee. If we need to place calls, we want to do so at the right time. So, bear with us and we will keep you posted.
AQUAVIST EMAIL ALERT: 4.3.09 WETLANDS UPDATE
Hi, everyone! Hope this finds all of you enjoying spring break – and the NCAA tournament! Go State!
Here’s an update on the wetlands issue:
Tip of the Mitt Watershed Council testified on March 17 in Lansing before a joint House hearing. It consisted of members from the Great Lakes and Environment Committee, chaired by Rep. Rebekah Warren (D-53rd House District) and the DEQ Appropriations Subcommittee, chaired by Rep. Doug Bennett (D-92nd House District). It was a packed room and the meeting ran from 3:30 until almost 7pm so that everyone present could testify. 25 testimonies were delivered in opposition to the proposal to get rid of the wetlands program, and only 11 in favor. It was a very interesting day.
Yesterday, Rep. Bennett passed the DEQ budget out of his subcommittee with no wetland funding, as requested by the Governor. However, he also added boilerplate language stating legislative intent to pass supplemental funding for wetlands if Part 303, the Wetland Protection Act, is NOT repealed by October 1. That’s OK…for now.
Meanwhile, Rep. Kevin Elsenheimer (R-105th House District) is giving us some real bipartisan support from his Minority Leadership position in the House, working very hard to prevent losing the wetland program. We really appreciate his efforts, in addition to the work of Reps. Bennett, Warren, and Dan Scripps (D-101st House District) on this issue. These Dems are disagreeing with their Democratic Governor on this issue, which is not an easy thing to do.
Once the Legislative Spring Break is over, it will be time to concentrate on the Senate Subcommittee for DEQ appropriations. Senator Valde Garcia (R-22nd Senate District), the chair of this committee, has scheduled hearings for May 6, 13, and 20.
Finally, we are participating on a work group convened by Sen. Patty Birkholz (R-24th Senate District) to examine the possibility of recombining DEQ and DNR. I mention this because the wetland program is the focus, right now. Sen. Birkholz hopes to save the program for at least a year, and give us time to work on refining it in the context of this broader conversation. We will keep you posted on how that unfolds.
Thanks for all your support – stay tuned!
AQUAVIST EMAIL ALERT:
2.20.09 WETLANDS UPDATE
Part of the Governor’s Budget included the proposal to send administration of our Wetland Protection Program to the Federal Government. Please see the 2.6.09 Alert below for the details about this issue, if you are not yet familiar with it.
The Budget process begins in the House, and the most important members who need to hear from you right now belong to the House Appropriations Sub Committee for Environmental Quality: Reps. Bennett (Chair), Espinoza (Majority Vice Chair), and Rogers (Minority Vice Chair).
KEY POINTS:
• The DEQ has been minimized by budget cuts for the past 7 years. They are already working on a skeleton budget. It is time to look elsewhere for wasteful spending in the state, because these folks are clearly not operating with anything that remotely resembles an excess of funding.
• Despite this, the DEQ still processes permit requests for work in wetlands at an average 60-day turn around, with around a 90% approval rate. They are required to process permits in 90 days, 150 days if a public hearing is required. The approval rate does not mean they approve each application as originally proposed. However, they are working with members of the regulated community to refine proposals so that work can proceed, with minimal impact to the resource.
• The US Army Corps of Engineers are experiencing significant delays in wetland permit processing, due to recent Supreme Court case decisions and resulting guidance. They have no legal requirement to process permits within a given period of time, and unfortunately, their average is 120 days, and some controversial projects can go 600-700 days.
• Let’s use this as an opportunity to re-examine the program and make improvements, where needed. But at all costs, we must avoid repealing our excellent wetland state protection statute, and we should not return administration to the federal government.
AQUAVIST EMAIL ALERT: 2.6.09
Dear Aquavists – I hope you are all staying warm! I am sorry to say that I bring some distressing news about our state’s Wetland Protection Program with this alert. You may have seen Tip of the Mitt Watershed Council in various news items this week, and below is a briefing that will explain what the fuss is all about.
Please note the section at the bottom – How You Can Help. We are asking you to make calls now – it is not too early. We have already been told by legislators in Lansing that they are hearing from constituents on BOTH sides on this issue, and that is causing them to step back and take a breath. Many are willing to work with us to learn more and consider this very carefully before rushing into anything. BUT NOT ALL OF THEM – legislation has already been introduced in both the House and Senate to move right away, and that is what we want to prevent. So – please use the resources on the Aquavist Main Page and contact your state Senator and Representative today - http://www.watershedcouncil.org/aquavists/
The message is simple:
- Sending the wetland program back to the federal government is a bad idea that will create delays in permitting, putting a burden on our economic development.
- The state field offices are crucial to sensible wetland management because they know the local area.
- Keep the program and refine it, if needed, but DO NOT get rid of Michigan’s wetlands program!
The Watershed Council is taking the lead in this effort, state wide. There are many pressing things on the agenda in Lansing these days – energy issues and the ailing economy, and pressures to adjust the state budget by making very difficult cuts. However, we are committed to making sure this groundbreaking and important legislation is not a casualty of these difficult times.
Let me know if you have any questions. Read below, and stay tuned! Grenetta
MICHIGAN WETLAND ACTIVIST COALITION
GOVERNOR PROPOSES TO GIVE WETLAND PROTECTION PROGRAM
BACK TO THE FEDERAL GOVERNMENT
THE FUTURE OF MICHIGAN WETLANDS PROGRAM IN JEOPARDY
If ever there was a time and need for Michigan Wetland Activists,
IT IS HERE AND NOW!
As most of you probably already know, Governor Granholm announced in the State of the State Address her plan to return the wetland protection program to the federal government. Michigan has a proud tradition of being one of only two states to administer the Section 404 program and that tradition must be maintained. The proposal by the Governor is short-sighted and jeopardizes not only Michigan’s natural resources, but also economic redevelopment in the state.
While the U.S Army Corps of Engineer’s current program in Michigan has its own benefits, the State’s wetland program allows for increased resource protection and increased program efficiency.
Staff at the DEQ are often more familiar with local wetland resources and able to conduct more thorough ecological reviews, which result in better decisions for that area. The state program also has field offices throughout the state, providing the ability to conduct site visits and the ability to work locally with permit applicants to reduce adverse impacts to the resource. The state program also allows a good integration of wetland protection with other water resource programs, including important local ordinances.
Additionally, handing the wetland protection program back to the federal government could result in many wetlands not being regulated due to Supreme Court cases over the past few years and administrative actions by the Environmental Protection Agency and Army Corps of Engineers. An estimated 930,856 acres of wetlands, representing approximately 17 percent of Michigan wetland resources, are not physically connected to lakes or streams. Since these are wetlands not connected to an inland lake or stream or the Great Lakes, they are not clearly covered by the Clean Water Act. The Corps would require permits for filling of these areas only if they found an "interstate commerce" connection on a case-by-case basis.
Even the Governor recognized this downfall in a letter she wrote to Congressman Dingell dated December 12, 2007, stating “Continued legal challenges and convoluted agency guidelines are only adding to the confusion regarding federal roles and responsibilities….In Michigan, our citizens and our resources are somewhat buffered from uncertainty raised by the Supreme Court decision by a long-standing cooperative agreement under which Michigan administers its own permit program under Section 404 of the Clean Water Act, based on state law.”
Despite the fact that the confusion regarding federal jurisdiction still exists, the Governor, just a little over a year after writing this letter, is willing to abandon that very same buffer she praised, which protects Michigan’s citizens and resources.
From an economic and permit applicant perspective, state administration is often more timely and user-friendly. In Michigan, action must typically occur on permit applications within 90 days, but the average response time has been less – approximately 60 days. Permit reviews under the US Army Corps of Engineers can take much longer due to recent jurisdictional confusion and backlog.
For example, the Army Corps of Engineers St. Paul District is considered to be one of the strongest Corps district offices in the nation. Even so, this excellent district office is experiencing “significant delays, confusion, and an increase in wetland fill violations” in the wake of the Rapanos guidance, according to the Wisconsin Department of Natural Resources. In the first seven months of the guidance, the St. Paul district had a backlog of approximately 2,000 jurisdictional determination requests. Additionally, the district went from issuing approximately 40 permits per week down to an astounding 3 permits per week. These backlogs have resulted in frustration and considerable time delays for permit applicants. These impacts have been “felt by the regulated public, local and state government, and have adversely affected the wetland resource itself.”
Considerable time delays and frustration for permit applicants will not help Michigan’s economy. Rather increased program efficiency is essential if Michigan hopes to attract new businesses to the state and encourage sensible economic redevelopment.
HOW CAN YOU HELP
- Keep your eyes and ears open. We are unsure of the process or timeline at this point. We will do our best to keep you up to date and apprised of our actions, but we may have immediate calls to action in the coming weeks/months.
- Ultimately, the final decision lies with the Michigan Legislature. They will need to hear loud and clear from everyone (environmentalists, conservationists, regulated community, general public) that this is a bad idea for Michigan. There will be specific action alerts, but it is never too early to begin to mobilize. Call your state Senator and Representative and tell them sending the wetland program back to the federal government is a bad idea that will create delays in permitting, putting a burden on our economic development. The state field offices are crucial to sensible wetland management because they know the local area. Keep the program and refine it, if needed, but DO NOT get rid of Michigan’s wetlands program!
- We are in the process of researching, strategizing, planning, etc. to identify alternatives and develop solutions that ensure our wetland resources are protected. We welcome and encourage any ideas, suggestions, recommendations you think might be helpful. Please send any suggestions to jenniferm@watershedcouncil.org .